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Item C20
C20 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting January 15, 2025 Agenda Item Number: C20 2023-3551 BULK ITEM: Yes DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Christine Hurley AGENDA ITEM WORDING: Ratification of termination of a contract to purchase a parcel (RE#00484390-000000) in Key Largo from South Cliff Holdings LLC at a price of$11,950,000.00 plus certain costs for affordable workforce housing. ITEM BACKGROUND: The subject property (identified as RE#00484390-000000) is located at 95295 Overseas Highway, Key Largo FL 33037. At its March 17, 2021, meeting, the Monroe County Board of County Commissioners (BOCC) reserved twenty-eight (28) affordable ROGO allocations (14 low income and 14 median income) for this project. South Cliff Holdings LLC, the owner of the property, approached the County about the possibility of the County acquiring the parcel for workforce housing. The Board approved a purchase and sale agreement for the subject property with the seller, South Cliff. The related lease back to South Cliff would not become effective until after the closing. Closing on the property was to have occurred on or before December 31, 2024. The County was ready, willing and able to close; however, South Cliff, was not able to meet the necessary prerequisites required for closing on the transaction. These prerequisites include but are not limited to: • failure to communicate on the closing date; • failure to execute the required conveyance documents; • failure to provide lender payoff information required for clear title; and • failure to complete Buildings 1, 2 and 3 on or before closing. Pursuant to the contract terms, County staff gave written notice to South Cliff requesting South Cliff cure the defaults; if South Cliff was unable to cure the defaults by January 7, 2025, as required by the terms of the contract, County staff informed South Cliff in writing that the purchase and sale contract would be terminated as of that date. South Cliff neither communicated with the County nor cured the defaults on or before January 7, 2025. 581 The purchase and sale agreement reads as follows: 15. DEFAULT BY SELLER. 15.1 If Seller's representations and warranties are not true and correct in all material respects when made and as of Closing, or conditions precedent are not met as of Closing (or earlier specified date, if any), or Seller fails to perform any of the terms and conditions of this Agreement or is otherwise in default under this Agreement or refuses to close hereunder and Purchaser is ready, willing and able to close, and such breach or default is not cured within five (5) days after written notice from Purchaser to Seller, then Purchaser, at Purchaser's sole option, may elect to: 15.1.1 Waive the default or failure and close "as is" with equitable reduction in the Purchase Price; or 15.1.2 Cancel this Agreement by written notice to Seller given on or before seven(7) days after the Closing Date; or 15.1.3 Seek specific performance of Seller's obligation to execute the documents required to convey the Property to Purchaser and to duly close under this Agreement. South Cliff was unable to close on the subject transaction; therefore, Staff requests ratification of the termination of the agreement between the County and South Cliff. PREVIOUS RELEVANT BOCC ACTION: July 17, 2024 —BOCC approved modification of the terms of the unexecuted contract to purchase the subject property. May 15, 2024 —BOCC approved a contract to purchase the subject property which includes a lease of the property back to the current owner for construction and management of the complex until the County assumes ownership. July 20, 2022— BOCC passed and adopted Resolution No. 201-2022, extending the waiver of building permit fees in the amount of$211,215.00 for the 28 affordable housing allocations (14 low income and 14 median income) on the subject parcels, until such time of building permit issuance contingent on the recording of an Affordable Housing Deed Restriction. June 15, 2022 — BOCC passed and adopted Resolution No. 171-2022, extending the reservation for 28 affordable housing allocations (14 low income and 14 median income) on the subject parcels, until October 17, 2022 for building permit issuance. August 21, 2021 — BOCC passed and adopted Resolution No. 265-2021, waiving building permit fees for the 28 affordable housing allocations (14 low income and 14 median income) on the subject parcels, until July 17, 2022 for building permit issuance. March 17, 2021 —BOCC passed and adopted Resolution No. 116-2021, reserving 28 affordable housing allocations (14 low income and 14 median income) on the subject parcels, until July 17, 2022 for building permit issuance. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval 582 DOCUMENTATION: Purchase and Sale Agreement Letter to Southcliff FINANCIAL IMPACT: Effective Date: January 7, 2025 Expiration Date: Total Dollar Value of Contract: $11,950,000.00 plus the cost of the bond and infrastructure Total Cost to County: Current Year Portion: Budgeted: Yes Source of funds: CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: N/A County Match: N/A Insurance Required: 583 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 13, 2024 TO: Kevin Wilson Acting County Administrator ATTN: Natalia Archer Assistant County Attorney FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The following item has been executed and added to the record: P5 Contract to purchase a parcel (RE400484390-000000) in Key Largo from South Cliff Holdings LLC, at a price of$11,950,000 plus the cost of the construction bond ($532,914.00) for workforce housing and authorization. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 584 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT("Agreement") is made and entered into as of the 12. day of lk"4?44t , 2024, by and between SOUTH CLIFF HOLDINGS LLC, a Florida limited liability company ("Are'ller"), and MONROE COUNTY, Florida, a political subdivision of the state of Florida ("Purchaser"). In consideration of the mutual covenants and promises set forth in this Agreement and other good and valuable consideration,the receipt and sufficiency of which are acknowledged by the parties to this Agreement,the parties agree to the following terms and conditions. 1. PURCHASE AND SALE. Subject to the terms of this Agreement, Seller agrees to sell to Purchaser and Purchaser agrees to purchase from Seller the following property(collectively,the"Property"): 1.1 That certain real property located at 95295 Overseas Highway, Key Largo, Florida and shown and legally described as attached hereto and made a part hereof as Exhibit A identified by the Monroe County Property Appraiser as Parcel ID No. 00484390-000000 and more particularly described in Exhibit A (the "Realty");All buildings, structures and other improvements situated on the Realty together with those certain improvements to be constructed on the Property as set forth more particularly herein (the"Improvements"); 1.2 All deposits, licenses, permits, plans and specifications, renderings, development approvals, entitlements, third party reports and/or studies, and, subject to the terms and conditions of the Lease attached as Exhibit B"to this Agreement,all contract rights pertaining to ownership,development and/or operation of the Realty or Improvements;and 1.3 All strips, gores, easements, privileges, rights-of-way, riparian and other water rights, rights to lands underlying any adjacent streets or roads, and other tenements, hereditaments and appurtenances, if any,pertaining to or accruing to the benefit of the Realty or Improvements or other property described above. 2. EFFECTIVE DATE. The date of this Agreement,for purposes of performance,shall be the date when the last one of Seller or Purchaser has signed this Agreement, as stated on the signature page (the "Effective Date"). 3. CLOSING. Subject to other provisions of this Agreement for extension, closing on the transaction described in this Agreement (the "Closing") shall be December 31, 2024 (the "Closing Date") or an earlier date agreed to by the parties. The Closing may take place through a so-called "Mail-Away" closing, it being understood that neither Seller nor Purchaser nor their respective counsel need be physically present at Closing so long as all documents that are required to be delivered at Closing are fully executed, delivered in escrow to the Escrow Agent, Oropeza, Stones & Cardenas, PLLC, and available on the date of the Closing, and an authorized signatory of the affected party is available either in person or by telephone and e-mail at Closing. 4. DEPOSIT. 4.1 The Parties have intentionally omitted a deposit from this Agreement and acknowledge sufficient and good consideration for entry into this Agreement. 5. PURCHASE PRICE. The total purchase price (the "Purchase Price") to be paid by Purchaser to Seller for the Property with three(3) completed buildings containing twelve(12)units is SEVEN MILLION THREE HUNDRED TEN THOUSAND EIGHT HUNDRED FIFTY-SEVEN AND NO/100 DOLLARS($7,310,857.00).The Purchase Price shall be paid to Seller as follows: $1,450,000.00 Shall be paid to Seller at Closing 585 $1,750,000.00 Paid to Seller no later than 0 1/3 1/2025 $1,750,000.00 Paid to Seller no later than 12/31/2025 $1,750,000.00 Paid to Seller no later than 12/31/2026 $610,857.00 Paid to Seller no later than 12/31/2027 6. LEASE AGREEMENT. The Parties acknowledge that as of the Effective Date of this Agreement the Property is partially under construction with entitlements to construct 28 workforce housing residential units ("Workforce Units") in accordance with that certain Monroe County Planning Department Employee Housing Deed Restriction recorded in Official Records Book 3193, Page 141 Public Records of Monroe County and the attachments,thereto("Workforce Deed Restriction").The Workforce Deed Restriction is attached hereto and incorporated herein as Exhibit C. In consideration for constructing the Workforce Units the Purchaser agrees to lease back to the Seller the Property in accordance with the lease agreement attached hereto as Exhibit"B"and incorporated herein by reference("Lease") . The Closing on the sale and purchase of this Agreement is contingent upon the pat-ties entering into the Lease at Closing. 7. APPROPRIATION CONTINGENCY. The Purchaser shall not be in default of this Agreement in the event that Buyer is not appropriated the funding necessary to make the purchase price installment payments to the Seller as provided for in this Agreement ("Purchase Price Balance") and that the failure to pay the Purchase Price Balance shall be governed and controlled by the terms of the Lease. 8. TITLE EVIDENCE. Purchaser shall order an ALTA owner's marketability title insurance commitment(the"Commitment"),for the benefit of Purchaser,with fee owners title policy premium to be paid by the Purchaser, issued by a nationally recognized title company (the "Title Company"). The Commitment shall show Seller to be vested with good and marketable and insurable fee simple title to the Realty, insurable in an aamount equal to the all.. PurcIt"asee 13-'— q+ qt—A-4 V— —A -1— -f-11 1:— L 11—� — 3-11-1" 11— — -- — — 11e11a, leases,tenancies, covenants, conditions, restrictions, rights-of-way, easements and other matters affecting title, including but not limited to open or unclosed permits and notices of code violations, except the following (the "Permitted Exceptions"): 8.1 Ad valorem real estate taxes for 2024 and subsequent years; 8.2 All applicable zoning ordinances and regulations; 8.3 Recorded Restrictions;and 8.4 Matters to which Purchaser shall not have timely objected. 8.5 All Open Monroe County Building Permits 8.6 Construction services for which Seller has not been invoiced as of the date of the Closing. 8.7 Liens or claims for impact fees due Florida Keys Aqueduct Authority and the Key Largo Waste Treatment District arising out of or related to the Property or the Development of the Property. Purchaser shall also order a municipal lien search satisfactory to Title Company (the"Lien Search") reflecting any governmental liens, utility payments due, open or unclosed permits, code violations, and similar matters; any items reflected in the Lien Search shall be deemed "Title Defects", defined below. Purchaser shall be responsible for payment of the Lien Search. 9. SURVEY. Purchaser may order at Purchaser's expense, a survey certified to Purchaser and Title Company (the "Survey"). If the Survey shall reflect any encroachments,overlaps,unrecorded easements 2 586 or similar rights in third parties, or any other adverse matters not specifically provided for in this Agreement, other than the Recorded Restrictions,then the same shall be deemed Title Defects. 10. TITLE DEFECTS. 10.1 Purchaser shall have until the end of the Investigation Period to examine the Commitment (which shall include the Recorded Restrictions), the Lien Search and the Survey. If Purchaser finds title to be defective, Purchaser shall, no later than the end of such Investigation Period, notify Seller in writing specifying the title defect(s) ("Title Defects)"). If Purchaser fails to give Seller written notice of any title defects before the expiration of the Investigation Period, the defects (if any) shown in the Commitment, Lien Search or Survey to which objection has not been given shall be deemed to be waived as title objections to closing this transaction. 10.2 If Purchaser has given Seller timely written notice of Title Defect(s) and the Title Defect(s) render the title other than as represented or required in this Agreement, Seller shall use commercially reasonable efforts to cause such defects to be cured by the Closing Date. 10.3 The Commitment, Lien Search and Survey may be updated prior to Closing and, as updated, shall confirm no change in the status of title in Seller and no new exceptions to title. In the event such update shall reflect the existence of Title Defect created by any party other than Purchaser,then such matter shall be deemed a Title Defect to which the Purchaser may object and the provisions of this Section 9 shall apply. 10.4 If Seller does not eliminate the Title Defects as of the Closing Date,or if any new "Title Defects" are created by any party other than Purchaser after the effective date of the Commitment, the Lien Search or the Survey, respectively, through the Closing Date, which Seller does not eliminate as of the Closing Date, Purchaser shall have the option to: Close nd ccept the UU a a e as is ,without reduction in the Purchase Price and without claim against Seller for such Title Defects (except for any lien that can be removed by the payment of money or bonding, for which credit shall be given to Purchaser at the Closing); in such event the Closing shall take place ten (10) days after notice of such election,or on the Closing Date,whichever is later;or 10.4.2 Extend the Closing Date for up to sixty (60) days, and require Seller to use commercially reasonable efforts to cure the Title Defects(in which event, if Seller does not so cure such defects, Purchaser shall again have the options described in Subsections 9.4.1 and 9.4.3);or 10.4.3 Cancel this Agreement, in which event both parties shall be released from all further obligations under this Agreement, except for matters specified, or which by their nature are intended, to survive the termination of this Agreement. 11. LEASES,RECORDED RESTRICTIONS,AND SERVICE CONTRACTS. 11.1 Seller represents and warrants to Purchaser that there are no leases or tenancies, or other occupancies,whether written or oral,affecting all or any portion of the Property. 11.2 Seller represents and warrants to Purchaser that there are no service contracts affecting the Property other than those disclosed in the Service Contract Schedule attached hereto as Exhibit D. 12. INVESTIGATION PERIOD. 12.1 Within three (3) days following the Effective Date, Seller shall deliver to Purchaser the copies of reports or studies, if any, in possession of the Seller which concern any environmental conditions on the 3 587 property or which address the suitability of the Realty for development. During the Investigation Period, and thereafter until Closing or this Agreement is terminated, Purchaser shall have the right to conduct, at Purchaser's expense,whatever reasonable non-invasive investigations, analyses and studies of the Property that Purchaser may deem appropriate to satisfy Purchaser with regard to the purchase of the Property. 12.2 Purchaser understands and agrees that any onsite inspections of the Property shall be conducted upon at least twenty-four (24) hours' prior notice to Seller. Such physical inspection shall not unreasonably interfere with the use of the Property by Seller or its tenants nor shall Purchaser's inspection damage the Property in any respect, ordinary wear and tear excepted. Seller shall cooperate with Purchaser in its due diligence but shall not be obligated to in any lial-i",— ;� V — expense12.3 Purchaser and its agents or representatives who enter upon the Property for inspection shall be adequately covered by policies of insurance insuring Purchaser and Seller against any and all liability arising out of Purchaser's or its agents'or representatives'entry. 12.4 If Purchaser is dissatisfied, for any reason and in Purchaser's exclusive judgment, with the result of Purchaser's investigations, or for no reason, then Purchaser may cancel this Agreement by notifying Seller of such cancellation on or before 5:00 p.m. eastern time on or before the fifteenth ( 15)day(assuming it is a business day, otherwise on the next ensuing business day) following the Effective Date (the "Investigation Period"), both parties shall be released from all further obligations under this Agreement, except those which are specified, or which by their nature are intended,to survive the termination of this Agreement. If Purchaser notifies Seller that it wishes to terminate this Agreement,then Purchaser shall be deemed to have terminated this Agreement. If Purchaser fails to notify Seller in a timely manner that it has terminated this Agreement, Purchaser shall be deemed to have elected to accept the Property in "as is" condition as of the last date of the Investigation Period, subject to the conditions precedent described in Section 13. 12.5 The provisions of this section shall survive the Closing or earlier termination of this Agreement. 13. SELLER'S REPRESENTATIONS,WARRANTIES AND COVENANTS. 13.1 Seller represents and warrants to Purchaser and covenants and agrees with Purchaser as follows: 13.1.1 Seller is not a foreign person within the meaning of Section 1445(f) of the Internal Revenue Code, and Seller agrees to execute any and all documents necessary or required by the Internal Revenue Service or Purchaser in connection with such declaration(s); 13.1.2 Seller has received no written notification of (i)existing or pending improvement liens affecting the Property; (ii)violations of codes and/or zoning ordinances or other governmental or regulatory laws, ordinances, regulations, orders or requirements affecting the Property;(iii)existing,pending or threatened lawsuits or appeals of prior lawsuits affecting the Property; (iv)existing, pending or threatened condemnation proceedings affecting the Property or Seller; and (v)existing, pending or threatened zoning, building or other moratoria, downzoning petitions, proceedings, restrictive allocations or similar matters that could affect Purchaser's use of the Property; 13.2 Seller covenants and agrees that during the period between the date this Agreement is executed and the Closing Date,Seller shall perform and observe the following covenants and obligations: 13.2.1 Seller agrees to continue to operate, manage and maintain the Property through the Closing Date in the ordinary course of Seller's business including making all repairs and replacements needed. 4 588 13.2.2 Seller shall comply with all laws, rules, regulations and ordinances of all governmental authorities having jurisdiction over the Property. 13.2.3 All invoices for construction services, including labor and materials, shall be paid in full at or prior to Closing, and there shall be no asserted or recorded mechanics' or materialmen's liens on or affecting Seller's interest in the Property on the Closing Date. 13.2.4 Seller shall maintain insurance in the current amounts ththrough the.late of'the ., ation rough LL NIN LLULH VL LIIV consummation VL Llllr IiLVJIf t�Y,. 13.3 The provisions of this section and all other representations, warranties and covenants of Seller shall survive after the Closing Date. 13.4 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE CLOSING DOCUMENTS,IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY. PURCHASER ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS".EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT OR IN ANY CLOSING DOCUMENTS. PURCHASER REPRESENTS TO SELLER THAT PURCHASER HAS CONDUCTED, OR WILL CONDUCT PRIOR TO CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO,THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AS PURCHASER DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY AND THE EXISTENCE OR NONEXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS OR TOXIC SUBSTANCES ON OR DISCHARGED FROM THE PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF SELLER OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO, OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN ANY CLOSING DOCUMENTS. 13.5 The provisions of this section shall survive the Closing. 14. CONDITIONS PRECEDENT. 14.1 An express condition precedent to Purchaser's obligations to close this transaction is the truth and correctness in all material respects of all of Seller's representations and warranties and the fulfillment of all of Seller's covenants in all material respects. 14.2 The following items are additional conditions precedent to Purchaser's obligation to close this transaction: 14.2.1 The fulfillment of all of Seller's covenants (in all material respects) as of Closing, including delivery of the documents to be executed by Seller at Closing. 14.2.2 Purchaser shall receive marketable title subject only to Permitted Exceptions; and 14.2.3 Execution of the Lease Agreement 14.2.4 Completion of Buildings 1,2 and 3 as set forth on the site plan attached hereto as Exhibit E. 5 589 14.3 In the event any of the foregoing conditions precedent are not fulfilled as of closing (or earlier date if specified otherwise), then Purchaser shall have the option of either: (i) waiving the condition and closing "as is", without reduction in the Purchase Price or claim against Seller therefor, or (ii) canceling this Agreement by written notice to Seller given by Closing,in which event both parties shall be released from all further obligations under this Agreement,except those obligations which expressly survive termination 14.4 The following items are additional conditions precedent to Seller's obligation to close this transaction: 14.4.1 The fulfillment of all of Purchaser's covenants(in all material respects)as of Closing,including delivery of the Purchase Price and the documents to be executed by Purchaser at Closing. 14.4.2 Execution of the Lease Agreement 15. DEFAULT BY SELLER. 15.1 If Seller's representations and warranties are not true and correct in all material respects when made and as of Closing,or conditions precedent are not met as of Closing(or earlier specified date, if any),or Seller fails to perform any of the terms and conditions of this Agreement or is otherwise in default under this Agreement or refuses to close hereunder and Purchaser is ready,willing and able to close,and such breach or default is not cured within five (5) days after written notice from Purchaser to Seller, then Purchaser, at Purchaser's sole option,may elect to: 15.1.1 Waive the default or failure and close "as is" with equitable reduction in the Purchase Price;or 15.1.2 Cancel this Agreement by written notice to Seller given on or before seven(7)days after the Closing Date;or 15.1.3 Seek specific performance of Seller's obligation to execute the documents required to convey the Property to Purchaser and to duly close under this Agreement. 15.2 The provisions of this section shall survive the Closing Date, 16. DEFAULT BY PURCHASER. In the event of the failure or refusal of Purchaser to close this transaction, without fault on Seller's part and without failure of title or any conditions precedent to Purchaser's obligations under this Agreement, Seller shall have the right to seek specific performance of Purchaser's obligations and duty to close under this Agreement. 17. PRORATIONS. Real estate and personal property taxes, insurance, cost and revenues and all other proratable items shall be prorated as of the Closing Date. In the event the taxes for the year of Closing are unknown,the tax proration will be based upon such taxes for the prior year and such taxes for the year of Closing shall not be reprorated or adjusted when the tax bill for the year of Closing is received and the actual amount of taxes is known. 18. IMPROVEMENT LIENS. Certified, confirmed or ratified liens for governmental improvements or special assessments as of the Closing Date, if any, shall be paid in full by Seller, except for impact fees due Florida Keys Aqueduct Authority and the Key Largo Waste Treatment District,which shall be paid by the Purchaser, and pending liens for governmental improvements or special assessments as of the Closing Date shall be assumed by Purchaser, provided that where the improvement has been substantially completed as of the Closing Date,such pending lien shall be considered certified. Liens or special assessments which are being paid over periods of time but which may be paid at once shall be considered certified and a 6 590 Title Defect, in their entirety,and shall be paid by Seller and removed from title. The provisions of this section shall survive the Closing. 19. CLOSING COSTS. At the Closing, Purchaser shall pay (i) title insurance search fee costs and premium for the owner's title policy for Purchaser and (ii) the costs of the Survey. Seller shall pay for items or matters related to clearing any title defects or marketability of title related matters. Each party shall bear the recording costs of any instruments received by that party,except that Seller shall pay the documentary stamps due on the deed of conveyance,the recording costs on documents necessary to clear title and the cost to record the deed. Each party shall pay its own attorneys'fees and cost.Any other closing costs shall be allocated in accordance with the custom. in Monroe County F71—;A Tk -47 tk;o survive +t,- Closing. 20. CLOSING DOCUMENTS. 20.1 Seller shall convey title to the Property by good and sufficient Warranty Deed subject only to the Permitted Exceptions(which, if Purchaser requests,shall not be specifically enumerated);the deed shall specify that none of the Permitted Exceptions are reimposed by the deed. Seller shall also deliver to Escrow Agent at the Closing all applicable affidavits and assignments and the closing statement prepared by Escrow Agent. 20.2 Purchaser shall execute the closing statement and shall deliver the Purchase Price by wire transfer to the Escrow Agent by 5:00 pm eastern time on the Closing Date, and Seller and Purchaser shall each execute such other documents as are reasonably necessary to consummate this transaction. 21. BROKER. The parties each represent and warrant to the other that neither has dealt with any real estate broker, salesman or finder involved in connection with this transaction. If a claim for brokerage or similar fees in connection with this transaction is made by any broker,salesman or finder claiming to have dealt through or on behalf of one of the parties to this Agreement, then that party shall indemnify, defend and hold the other party under this Agreement harmless from all liabilities, damages, claims, costs, fees and expenses whatsoever (including reasonable attorneys' fees and court costs, including those for appellate matters) with respect to said claim for brokerage. The provisions of this Section shall survive the Closing. 22. ASSIGNABILITY. Purchaser shall be entitled to assign Purchaser's rights and obligations under this Agreement to an entity controlled by or under common control with Purchaser, but such assignment shall not release Purchaser of any of its obligations hereunder. 23. NOTICES. Any notices required or permitted to be given under this Agreement shall be in writing and delivered by hand, electronic mail or delivered by a nationally recognized overnight delivery service, and addressed as described below or such other address as a party may designate from time to time in accordance with this Section 22. All notices shall be deemed effective: (a) on the date of delivery of delivered personally, (b) on the date sent by electronic mail if sent during normal business hours on a business day, and otherwise on the next business day, provided that in the case of electronic mail, each notice or other communication shall be confirmed within one business day by dispatch of a copy of such notice pursuant to one of the other methods described herein or(c) if dispatched via nationally recognized overnight delivery service, on the later of(i)the first business day following the date of dispatch or(ii)the date of delivery by such service. Notice to Purchaser: County Administrator Monroe County,Florida 1100 Simonton Street Key West,Florida 33040 Wilson-kevin@monroecounty-fl.gov With a copy to: County Attorney Monroe County Attorney's Office 1111 12"'Street,Suite 408 Key West,Florida 33040 7 591 Shillinger-bob@monroecounty-fl.gov And Gregory S.Oropeza,Esq Oropeza,Stones&Cardenas,PLLC 221 Simonton Street Key West,Florida 33040 Greg@oropezastonescardenas.com Notice to Seller: South Cliff Holdings LLC,a Florida limited liability company Francisco J.Pia,Authorized Member 1527 Shaw Drive Key Largo,FL 33037 Frank 122162@yahoo.com With a copy to: Russell A.Yagel,Esq. Hershoff,Lupino&Yagel,LLP 88539 Overseas Highway Tavernier,Florida 33070 ryagei@hlylaw.com Notice to Escrow Agent: Gregory S.Oropeza,Esq Oropeza,Stones&Cardenas,PLLC 221 Simonton Street Key West,Florida 33040 Greg@oropezastonescardenas.com 24. RISK OF LOSS. 24.1 Upon receipt of an offer or any notice or communications from any governmental or quasi-governmental body seeking to take under its power of eminent domain all or any portion of the subject property,Seller shall promptly notify Purchaser of the receipt of same and shall send such communication,or a copy of it,to Purchaser. Upon receipt of such notice,Purchaser shall have the right to rescind this Agreement by delivery of written notice to Seller within thirty (30) days of Purchaser's receipt of the communication from Seller. In the event Purchaser elects to rescind,then both parties shall be relieved of all further obligations under this Agreement. In the event Purchaser elects not to rescind, then Purchaser shall be entitled to all condemnation awards and settlements. Seller and Purchaser agree to cooperate with each other to obtain the highest and best price for the condemned property. 24.2 In the event that the Property is damaged or destroyed by fire or other casualty prior to Closing, Seller shall use commercially reasonable efforts to repair and restore the Property to the same condition as before the fire or casualty,and the Closing shall be deferred for up to 120 days to permit such repair and restoration. If Seller is unable to repair and restore within such 120-day period, then either Seller or Purchaser shall have the option of canceling this Agreement, and both parties shall be released from all further obligations under this Agreement except for those obligations which expressly survive such termination. If neither party elects to terminate as aforesaid, then the parties shall proceed to Closing, in which case Purchaser shall be entitled to all insurance proceeds and Purchaser shall receive a credit at Closing in the amount of any applicable insurance deductible. 25. RADON GAS NOTICE. Pursuant to Florida Statutes Section 404.056(6), Seller hereby makes,and Purchaser hereby acknowledges,the following notification: RADON GAS: Radon is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities, may present health risks to 8 592 persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health unit. 26. MISCELLANEOUS. 26.1 This Agreement has been negotiated and executed in Florida; it shall be construed and governed in accordance with the laws of the State of Florida,without application of conflicts of laws principles. Ic n the event any term Of plOVIS1011 01 EMS Arp%,CIIICIIE IS G"CIMM u app pi IaL 4U I L11 %;;; UY lu judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 26.3 If on the Closing Date insurance underwriting is suspended, and such suspension applies to any insurance that Purchaser is acquiring in regard to the Property Purchaser may postpone closing up to five(5) days after the insurance suspension is lifted. 26.4 In the event of any litigation between the parties under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees. Wherever provision is made in this Agreement for "attorneys' fees," such term shall be deemed to include accountants' and attorneys' (including paralegals' and similar persons') fees and costs, whether or not litigation is commenced, including those for appellate, bankruptcy, probate, arbitration,mediation and collections proceedings. 26.5 Each party has participated fully in the negotiation and preparation of this Agreement with full benefit of counsel.Accordingly,this Agreement shall not be more strictly construed against either party. 26.6 Whenever used in this Agreement, the singular shall include the plural, the plural shall include the singular,any gender shall include every other and all genders, and captions and paragraph headings shall be disregarded. 26.7 The captions in this Agreement are for the convenience of reference only and shall not be deemed to alter any provision of this Agreement. 26.8 Any reference in this Agreement to time periods less than six (6) days shall, in the computation thereof, exclude Saturdays, Sundays, and legal holidays; any time period provided for in this Agreement which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. EST time of the next full business day. 26.9 This Agreement constitutes the entire agreement between the parties and may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Agreement may be executed in counterparts,which when taken together shall constitute an entire agreement. 26.10 Time shall be of the essence Lmder this Agreement. 26.11 All references in this Agreement to exhibits, schedules, paragraphs, subparagraphs and sections refer to the respective subdivisions of this Agreement, unless the reference expressly identifies another document. 26.12 All of the terms of this Agreement, including but not limited to the representations, warranties and covenants of Seller, shall be binding upon and shall inure to the benefit of the pat-ties to this Agreement and their respective successors and assigns. 9 593 26.13 Typewritten or handwritten provisions which are inserted in or attached to this Agreement as addenda or riders shall control all printed or pretyped provisions of this Agreement with which they may be in conflict. 27. WAIVER OF JURY TRIAL. Seller and Purchaser mutually agree that they waive all rights to a trial by jury in the event of any dispute or court action arising from,growing out of,or related to,this Agreement. The parties acknowledge that this waiver is a significant consideration to Purchaser to enter into this Agreement. 28. COOPERATION. Seller agrees to reasonably cooperate with Purchaser at no material cost, expense or liability to Seller and to make available to Purchaser such Property records in Seller's possession or control. 29. CONFIDENTIALITY. To the extent permitted by law, Purchaser and Seller shall keep confidential and ;ball not disclose the terms of the transaction contemplated by this Agreement and any Confidential Information without the prior written consent of the other except to: (x) Purchaser's and Seller's respective directors,officers,members,principals,employees,advisors and agents,which shall be advised as to the confidentiality restrictions; (y) as otherwise provided in this Agreement and (z) as may be necessary to permit Purchaser to comply with legal requirements. The provisions of this Section 28 shall survive an expiration or earlier termination of this Agreement. The term "Confidential Information"shall mean any oral,written or documentary information which (i) is related to this Agreement; (ii) is received by either party to this Agreement from the other party or generated or developed in performance under this Agreement; and (iii) is information that, due to either the circumstances of disclosure or the nature of the information itself, would put a reasonable recipient on notice as to its potential confidential nature at the time of its disclosure. Confidential Information shall not include information already known to Purchaser,information disclosed by a party not subject to this Agreement,or information that is otherwise publicly available. "on-f*.A e n+111 all T nfOrmation may be A; CIOS A wri-en -+t,-, F- V is e. -1- -- - magnetic media) or by oral, visual or other means. All Confidential Information shall remain the property of the disclosing party. Each party shall hold the Confidential Information of the other party in confidence using reasonable security measures and will not use or disclose such information except as expressly contemplated by this Contract or with the prior written consent of the other party. [SIGNATURE PAGE TO FOLLOW] 10 594 EXECUTED as of the date written below each signature in several counterparts,each of which shall be deemed an original,but all of which constitute only one agreement. SELLER: SOUTH CLIFF HOLDINGS LLC,a Elogrida limited liability company r By: Name:F ancisco J.Pia Title: Authorized ember Dated: STATE OF FLORIDA COUNTY OF M C)IN rip e. The foregoing instrument was acknowledged before me, by means of[vi"physical presence, or [] online notarization, this qt'k day of 2024,2024, by Francisco J. Pla as Authorized Member of Suth Cliff Holdings LLC'a Florida limited liability company who is personally known to me or has produced . Lf as identification. [Notary Seal] Signature of No ry Public `Notary Public State of Florida 1N A/i c G vt size RL O C� Ruth Suzanne Rubio Printed Name of Notary My Commission HH 341487 , ExpireS 4/11/2027 My Commission Expires: SOUTH CLIFF HOLDINGS LLC a Flgrida li ited liability company j" By: d IL Name:Richard C.Riehi Title: Authorized Member STATE OF FLORIDA COUNTY OF MpV%M V-- The foregoing instrument was acknowledged before me, by means of[%4 physical presence, or [] online notarization, this�t''- day of , 2024, by Richard C. Riehl as Authorized Member of South Cliff Holdings LLC, a Florida limited liability company who is personally known to me or has produced DL, as identification. [Notary Seal] Signature of Not Public Notary Public State of Florida A Ruth Suzanne Rubio T tk k,.,. (ill My Commission HH 341487 Printed Name of Notary Expires 4/11/2027 My Commission Expires: 11 595 PURCHASER: MONROE COUNTY, FLORIDA, a political subdivision of the state of Florida Y. . Holly Mer" schei ,Mayor tr Dated: APPROVED AS TO FORM&LEGAL SUFFICIENCY Mona a ounty Attorney's Office _IM, N thalfa Mellfes Archer Assi.taut County Attorney WC" m� TY CUM s)GWt" {1 12 596 EXHIBIT A: Legal Description 597 0- � Q C) LU O0 coo � � —_ _ --_---.—_}-- —-— R � LL.{ S.L 1"4 L""1 N .S'rriVt7}'1Jtl3.LF:ES � �g aj3" C na ��•>x� NQIf 3R y„Etj, 1 .cays� �� .vo ss������„• --mw>r','Yn�i�— �,��g Wit i h a. 2q i 'i_ qIto API! lilt co ....J m IN CC RD.. a s n ! Q�v G y it r- l- ,iggm C) a.,p O p J J t Ou. m zMCO It M 12 MI » m I ego t wF�ase•sn ; 011lF 0 .G o 0 °'"' n a $ - .j � � Try y° a a C3 n fl $ E ClE t . 3iu } B il��lx 11, F of 3.-l.r lip- y l gg yg RUN 1� ePH� b ! � _.�.� 114a di 0 l J s ee■9 n� fv � s� lE�lltl9 l� 3�� oe'oot-Vd 1inAs""-CH o` 5p N �,��� 598 EXHIBIT B: Lease Agreement 599 GROUND LEASE AGREEMENT THIS LEASE made and entered into in Key West, Monroe County, Florida,on this eday of A GA-Pk _ 2024,by and between MONROE COUNTY(referred to as t _�'Lessor") an OUTH CLIFF HOLDINGS LLC, a Florida limited liability company(referred to as the"Lessee"). RECITALS WHEREAS, Lessor is the owner in fee simple of the property located at 95295 Overseas Highway,Key Largo,Monroe County,Florida,and more particularly described on the attached Exhibit"A" (hereinafter"Property" or"Demised Premises"); and, WHEREAS,the Lessor purchased the Property from the Lessee and is obligated to pay the Lessee an additional Seven Million Three Hundred Ten Thousand Eight Hundred Fifty-Seven($7,31o,857.00)as outlined in the Purchase and Sale Contract("Purchase Price Balance") WHEREAS,it is Lessor's intent that the Property be developed to provide affordable housing for employees of Monroe County; and, TATUVIDUAC T.,���,�, a�,�;,�,� +. l7 ,« l.,r< +1,.. D..,<,.,.+<. ,,<.a T,<,;l,a +<.,,,,+< eight ( ,41 vv.►..Ll,.iv.X-au, Lessee ucauco w ucvcivY LII._; i ikjFK, aiiu uuuu �vvctt�y-ct6ut JZv) affordable housing units (hereinafter the"Affordable Housing Units"), and Initial Lessee may rent/lease any Units to qualified occupants; and, WHEREAS,in order to preserve the affordability of the Units to be developed on the Property, Lessor desires to lease the Property to Lessee beginning on the Effective Date hereof and continuing year to year until terminated in accordance with the provisions of this Lease. NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and in any contemporaneous Related Agreements between the parties, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: ARTICLE I Definitions "Affordable Housing Unit" shall mean a residential housing unit that meets the requirements set forth in the Monroe County Land Development Regulations, as may be amended from time to time without limitation of Lessor's complete legislative prerogatives and that certain Monroe County Planning Department Employee Deed Restriction recorded on September 7, 2022 in Official Records Book 3193, Page 141 Public Records of Monroe County,Florida, said restrictions to encumber the Property for a term of ninety-nine(99) years (the"Workforce Deed Restriction"). ----- ------------------ --Doc#2471342 Bk#3288 Pg#12001 of 116 Recorded 8/1 3/2024 2:41 PM page Filed and Retarded in Official C°rWN Mrds'f CPA ?YIONT ROE COUNTY 600 "Affordable Restrictions"shall mean the affordable or employee housing regulations as set forth in the Monroe County Land Development Regulations or County Code, as hereinafter amended.The substance of the Affordable Restrictions may be freely amended in the Lessor's legislative discretion,particularly with respect to administrative,monitoring and enforcement mechanisms However, Lessor may restrict Affordable Housing Unit rentals to use as"Employee Housing"as defined in the Affordable Restrictions,as amended from time to time. Moreover,Lessor may establish in its Affordable Restrictions"means" or"assets"criteria that limit potential buyer or rental pools. 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 any Affordable Restrictions to ensure that the affordability of Affordable Housing Units 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 or rental 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 affordability criteria reasonably established by Monroe County for the dwelling units involved. In every case, the construction and interpretation of terms, conditions and restrictions imposed by this Lease and the Affordability Restrictions shall be made in favor of an interpretation that ensures long term affordability benefits for the respective housing resources inure to the benefit of Monroe County, its economy and its community character. "Commencement Date"shall mean the date that the Lessor completes the purchase and sale of the Demised Premises,currently scheduled for December 31,2024.This Lease shall not become effective in the event that Lessor does not complete the purchase and sale of the Demised Premises. "Completion Date"shall mean December 31, 2026,unless extended due to a Force Majure, as set forth in Section 20.13, by agreement of the Lessor and Lessee, or delays caused by the Lessor, in which case the extended date shall be the completion date. "Demised Premises" shall mean the property leased pursuant to this Lease for development of the Affordable Housing Units. The Demised Premises is legally described on attached Exhibit"A" and depicted on attached Exhibit"B". Demised Premises,where the context requires and the construction is most appropriate,shall also mean portions of the Demised Premises and any improvements erected thereon. "Effective Date"shall mean the date that the Lessor completes the purchase and sale of the Demised Premises,currently scheduled for December 31,2024.This Lease shall not become effective in the event that Lessor does not complete the purchase and sale of the Demised Premises. "Initial Lessee"means South Cliff Holdings LLC,a Florida limited liability company, developer of the Affordable Housing Units. Initial Lessee may also be referred to as Page 2 Of 46 601 I "Developer"from time to time. "Lease"shall mean this lease for the creation of the Affordable Housing Units 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,that any limitations, restrictions and/or other covenants of any nature, whether established pursuant to this Lease or by the Affordable Restrictions,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 affordable 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 MONROE COUNTY, or its assigns or designees. Lessor as used herein and where the context requires, shall mean an agency or party designated by the Lessor,by written notice to all parties,to administer or enforce some or any portion of the provisions of this Lease or the Affordable Restrictions. "Lessee"means the Initial Lessee and its successors and assigns. "Project"shall mean the required development of the Demised Premises,primarily the required construction of Affordable Housing 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 Affordable Housing Units,marketing of the Affordable Housing Units. "Related Agreements"shall mean any purchase and sale or other agreement entered into with Monroe County contemporaneously and in conjunction with this Lease and which is recorded. Related Agreements made to apply to this Lease are set forth in Exhibit I. "Rent" shall mean any sum of money due to the Lessor.under this Lease for any reason. The term Rent as used herein,should not be misconstrued to preclude definition and distinguishing of rent,rental rates and other such other terms as may be provided for in Subleases and/or the Affordable Restrictions. "Sublease"shall mean any combination of instruments that transfers a possessory use and/or title interest to any portion of the Demised Premises. 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 (e.g., a "deed of improvements" may in a given context be construed as an effective sublease for purposes herein). It is intended that the term Sublease encompasses such instruments that effectuate qualified end-user,title,possession and/or use of Affordable Housing Units developed on the Demised Premises. A Sublease, as used herein, regardless of final form and substance, must be approved by the Lessor, Page 3 Of 46 602 which approval shall not be unreasonably withheld. Notwithstanding the foregoing the following are the occupancy priority for Lessor:(1)Employees of Monroe County,Florida, (2) Employees of Constitutional Officers of Monroe County, Florida, (3)Employees of the Monroe County School District, (4) Law Enforcement Officers working within Monroe County,(5)State of Florida Agency Employees,(6) Employees of the Federal Government and(7)other qualifying Monroe County residents who derive at least 70%of their income as members of the workforce in Monroe County and who meet the affordable housing income requirements.The initial form of the Sublease shall be approved by Lessor and such form shall be used as the Sublease form for the duration of this Lease. Sublessee" shall be broadly and liberally construed so as to mean an individual Affordable Housing Unit or tenant who, as of the date such person(s) acquires their interest(s) in the Affordable Housing Unit, would qualify for "Employee Housing" as defined in the Monroe County Code and who is gainfully employed in,and derives at least seventy percent (70%) of their income from, Monroe County from the time of their execution of their Sublease of an Affordable Housing Unit. "Term"shall mean beginning on the Effective Date and continuing year to year until the exercise of the County Option,as defined in this Lease,except as provided for herein,all Subleases and rights or interests granted thereunder shall terminate at the end of the Term. ARTICLE II Demised Premises Section 2.ol 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 demise to the Initial Lessee and the Initial Lessee hereby leases from the Lessor, the following described premises, situate,lying and being in Monroe County, Florida: See Attached Exhibits"A"and"B" Section 2.02 Conditions. The demise is likewise made subject to the following: (a) Conditions, restrictions and limitations, if any, now appearing of record; (b) Zoning ordinances of the County of Monroe,State of Florida,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 (c) The proper performance by the Lessee of all of the terms and conditions contained in this Lease, the Affordable Restrictions and any Related Agreements. Page 4 Of 46 603 ARTICLE III Term Section.,i.ol Term. To have and to hold the Demised Premises for a term beginning on the Effective Date and continuing year to year until terminated in accordance with the provisions of this Lease.. 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. ARTICLE IV Rent Section 4.o1 Annual Base Rent. Lessor and Lessee acknowledge that Lessee is constructing twenty-eight(28)Affordable Housing Units on the Property and as such the Parties agree that in part, Lessee shall, have the right to retain the rents paid or due and owing unless through and until the Lessor exercises the County Option, as hereinafter defined,.In consideration for the construction of the twenty-eight(28)Affordable Housing Units the Lessor shall pay to Lessee the following construction costs("Construction Costs"), which may be adjusted by mutual agreement of the parties, in installments and in accordance with the following terms ("Funding Schedule"): 1. $532,914.00 on or before January 31, 2025 (Bond amount) 2. $1,139,143.00 on or before December 31, 2027 3. $1,750,000.00 on or before December 31, 2028 4. $1,750,000.00 on or before December 31, 2029 During the Term of the Lease, Lessee shall be entitled to retain all rents derived from the Property so long as the primary occupants within a unit are in order of priority (1) Employees of Monroe County,Florida,(2)Employees of Constitutional Officers of Monroe County,Florida,(3)Employees of the Monroe County School District,(4)Law Enforcement Officers working within Monroe County, (5) State of Florida Agency Employees, (6) Employees of the Federal Government and(7) other qualifying Monroe County residents who derive at least 70%of their income as members of the workforce in Monroe County and who meet the affordable housing income requirements. Lessor's performance and obligations to pay under this contract is contingent upon an annual appropriation by the BOCC. Section 4.02. County Option. Beginning on the later of(1) the payment due on or before December 31, 2030 ("Target Date"), or (2) the payment of the Purchase Price Page 5 Of 46 604 Balance and all of the Construction Costs,the County shall have the option to terminate this Lease ("County Option"), subject to the rights of Sublessees. 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. Nothing in this Lease shall be construed as the Lessor's delegation or abdication of its zoning authority or powers and no zoning approval that Initial Lessee may require to complete its performance under this Lease has been or shall be deemed agreed to,promise or contracted for by this Lease. Notice of termination shall be given no less than thirty(3o)days prior to the effective date of the termination. Section 4.o3. Except as otherwise provided in this Lease, it is intended that the while Lessee is collecting rents, that Lessee shall pay all other costs associated with the Property and Lessor shall have no costs whatsoever associated with the Property. ARTICLE V Non-Subordination Section 5.ol 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. 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 Affordable Restrictions(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 whatsoever. ARTICLE VI Payment of Taxes and Utilities Section 6.ol Lessee's Obligations. As additional Rent,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, 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, with the exception of impact fees levied by the Florida Keys Aqueduct Authority and Key Largo Wastewater Treatment District which amounts shall be paid by Lessor. 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. Section 6.02 Sublessee's Obligations. Lessee shall require Sublessee's to pay and discharge in the manner directed by Lessee or a property manager for the Demised Premises, as they become due, promptly and before delinquency, all taxes, assessments, Page 6 Of 46 605 water and sewer rents,rates and charges,transit taxes,charges for public utilities,excises, levies, licenses and permit fees and other governmental charges, 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. Section 6.o.1 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 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 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. In the event that there are rebates on account of any taxes, rates, levies, charges or assessments, then whichever party paid the taxes, rates, levies, charges or assessments WOUla be entitled to the rebate. Section 6.04 Mode of Payment. The Lessee shall pay the taxes and other charges as enumerated in this Article VI, including taxes and charges of any Sublessee that fails to discharge it obligations provided for by Section 6.02 ,and shall deliver official receipts evidencing such payment to the Lessor 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.os 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 Page 7 Of 46 606 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;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.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. Section 6.o7 Appraiser to Respect Effect of Affordable 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 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 Section 7.ol 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. 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 within thirty(3o) days after the Lessee shall have been given written notice of such a claim having been filed,or within thirty(30) days after the Lessor shall have been given written notice of such claim and shall have transmitted written notice of the receipt of such claim unto the Lessee (whichever thirty (3o)day period expires earlier)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 Page 8 of 46 607 respect to any lien or claim attributable to it,within such period of thirty(3 o)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-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. 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. 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 o.ol Indemnification by Lessee. During the Term of the Lease,Lessee will indemnify,defend 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 to the extent such claims may be caused by the negligence or intentional misconduct of the Lessor(or its agents or employees in the conduct of work for or at the direction of the Lessor)with respect only to any duty or obligation Lessor expressly assumes with respect to any portion of the Demised Premises, none of which duties and obligations are so assumed herein. 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, the Lessee will pay the Lessor all costs of court and reasonable attorneys' fees Page 9 Of 46 608 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 entry of a judgment against the Lessor in any proceeding in which such claim is asserted. Nothing contained in this agreement is intended to nor shall it constitute a waiver of the sovereign immunity by or of the County. 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'behaves, 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 ownership, possession, occupancy and for use of any portion of the Demised Premises caused by the negligence of conduct of the aforesaid,and also,for all such future occupants, Lessees,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, caused by the negligence of the Lessee's assignees or Sublessees or their employees, agents,contractors, guests or invitees Lessee. Section Q.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,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 o.o.-i Policy Limit Changes. The policy limits for the comprehensive liability insurance may be reviewed by Lessor every year and adjusted upward, if, the increased limitations in liability are customarily required by financial institutions providing financing for similar developments or rental properties. ARTICLE X Insurance and Bonds Section lo.ol Property Insurance. From and after the Effective Date, the Lessee shall keep insured, at Lessee's expense, any and all buildings and improvements which have been issued a certificate of occupancy by the Monroe County Building Department against casualty loss,including but not limited to loss due to fire,flood,and windstorm,for the full insurable value. Lessor shall reimburse Lessee 50% of the cost of the casualty insurance(windstorm,fire and flood).Such policies shall provide coverage amounts in an amount equal to the full insurable value of the improvements being insured, with five Page 10 Of 46 609 percent (5%) deductibles, or such other deductible amounts which are mutually agreed upon by the Parties. Invoices will be paid in accordance with the Florida Local Government Prompt Payment Act, F.S. 218.7o et seq. Lessee shall submit invoices to the County with supporting documentation that is acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws,rules,and regulations as may govern the Clerk's disbursal of funds.Additionally,from and after the Effective Date, Lessee shall maintain"builders-risk"insurance for any insurable improvements which have not received a certificate of occupancy by the Monroe County Building Department, in amounts not less than full insurable value. In the event of destruction of buildings or improvements by fire,flood, windstorm or other casualty, Lessee shall use such funds to repair or rebuild such buildings or improvements which were damaged by such casualty event.For all policies required hereunder, Lessor shall be named as an additional insured. 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. 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-old 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 $2,000,000 Each Occurrence $1,000,000 Contractual Liability $1,000,000 Additional Named Insured: Lessor, or its assigns or designees, and any sub- contractors working on the Demised Premises during the construction of the Affordable Housing Units shall be included as additional insureds for Commercial General Liability. Section 1o.o.-i 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. Intentionally Deleted. Section io.o!i Proceeds Payable to Mortgagee. If any mortgagee holding a mortgage 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 Page 11 Of 46 610 Sublessee or Lessee. Section io.o6 Damages; Insurance Proceeds;. Any excess of money received from insurance remaining after the reconstruction or repair of any buildings or improvements shall be paid to and/or retained by the party responsible for procuring and paying for the insurance required by Section lo. Section io.o7 General Requirements. All insurance to be provided by Lessor and 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,which approval shall not be unreasonably withheld. All policies of insurance provided for in this Article shall, to the extent reasonably 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 (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 io.o8. A Public Construction Bond must be issued by an A rated Surety Company doing business in the State of Florida.Lessee must furnish,at the time of closing, a certified copy of the recorded Public Construction Bond in the form provided by the Lessor attached as Exhibit H as a guarantee for the faithful performance of the construction portion of this Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder.The Public Construction Bond shall be in an amount at least equal to the construction price Of$4,639,143.00.This contract is subject to the provisions of Section 255.05,Florida Statutes,which are incorporated herein.If change orders render the contract more than ten(io%)percent higher than the bond amount,the Lessee shall increase the bond amount to cover the entire difference. The cost of the bond, in the amount Of$532,914.00 shall be paid for by the Lessee who will be reimbursed by the Lessor and said payment amount is included in section 4.o1. The cost of the bond includes the bond premium and the fee associated with obtaining the bond. ARTICLE XI Insurance Premiums l -4'o Inrance Pims le I hall p — sor-11 of+l— eLInii.oiIsu IremIu . 1111essee sLICLI Pay prUL1lum IV C111 UI LUC; 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,)fails to Page 12 Of 46 611 obtain and pay for the necessary insurance. ARTICLE X11 Assignment/Transfer Section 12.01 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.A Sublease,as used herein,regardless of final form and substance,must be approved by the Lessor,which approval shall not be unreasonably withheld. Notwithstanding the foregoing the following are the occupancy priority for Lessor: (1)Employees of Monroe County,Florida,(2)Employees of Constitutional Officers of Monroe County, Florida, (3) Employees of the Monroe County School District, (4) Law Enforcement Officers working within Monroe County, (5) State of Florida Agency Employees, (6) Employees of the Federal Government and (7) other qualifying Monroe County residents who derive at least 70% of their income as members of the workforce in Monroe County and who meet the affordable housing income requirements(this priority list shall be the"Workforce Priority").The initial form of the Sublease shall be approved by Lessor in writing and such form shall be used as the Sublease form for the duration of this Lease.It is the intent of the Parties that Employees of Monroe County shall have priority as to any Sublease.As such,in the event there is a Monroe County Employee on the waiting list for a Sublease, such employee shall have priority over existing tenants working backwards from Workforce Priority.In that regard,upon the expiration of a Sublease for a Sublease that is not an employee of Monroe County, Florida,then such Sublease shall not be renewed at the end of the Sublease term. For example, and by way of example only,in the event a State of Florida Agency Employee Sublease term expires after such time that an employee of Monroe County,Florida,has applied for the wait list for occupancy under this Lease,than at the end of the term of the State of Florida Agency Employee Sublease,said Sublease shall not be renewed and the employee of Monroe County, Florida shall be provided a Sublease for the unit, so long as the employee of Monroe County, Florida so qualifies under the Workforce Deed Restriction. Section 12.02 Monroe County Employee Rent Restrictions. For all Sublessees who are employees of Monroe County, Florida, then the rental rates for such Sublease shall conform to the requirements set forth in BOCC Resolution o88-2023,as may be amended from time to time,a copy of which is attached hereto and incorporated herein as Exhibit D. ARTICLE XIII condemnation Section vi.oi Eminent Domain, Cancellation. Intentionally Deleted. ARTICLE XIV Construction Page 13 Of 46 612 Section 14.01 Requirement to Construct Project. (a) Initial Lessee shall commence construction of the Project no later than one hundred eighty (180) days after execution of this Lease and shall substantially complete construction of all twenty-eight (28) Affordable Housing Units in accordance with the Construction Schedule attached hereto as Exhibit "E" Substantial completion shall be evidenced by at a minimum, temporary certificates of occupancy issued by the Monroe County Building Department for all twenty-eight (28) Affordable Housing Units. The foregoing limitation of time for the completion of the Project may be extended by written agreement between the parties hereto.Lessee shall construct the Affordable Housing Units in accordance with the plans,specifications and selections more particularly described in the attached Exhibit"C" (collectively the"Plans and Specifications").The plans listed and permitted as described in Exhibit"C"are hereby incorporated and included as part of this contract by reference. For each Certificate of Occupancy issued for any of the Affordable Housing Units on the Property, Lessee shall provide to Lessor a copy of the Certificate of Occupancy within four (4) business days of issuance. Lessor shall be provided an opportunity to inspect the particular unit or units and prepare an inspection statement(the "Punch List")listing (1) any defects in workmanship or materials, or(2) any items which not substantially comply with the Plans and Specifications. Lessee will be obligated to correct the Punch List items within thirty (30) days from the date of the Punch List, at Lessee's expense. In the event that Lessee fails to complete the Punch List for any of the Twenty-Eight (28) Affordable Housing Units, Lessor shall be entitled to cause to be pen items on the F completed such o - -unch List and I deduct such I costs s from the- Constructions Costs.Plans and specifications shall also include any plans and specifications required by any other permitting agencies and it is agreed that any such costs associated with same are included in the purchase price. (b) During the course of construction of the Project,Initial Lessee shall provide to the Lessor quarterly written status reports on the Project. The Lessor and Initial Lessee 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 information is subject to public disclosure under the provisions of Chapter 119, F.S., or successor or supplemental statutes. However, nothing contained herein shall be construed to render documents or records of Initial Lessee or any other persons that would not be deemed public records under Chapter 119 to be such records only because of this provision. Lessees (but not individual sublessees occupying an Affordable Housing Unit as their primary residence) shall maintain all books, records, and documents directly pertinent to performance under this Lease in accordance with generally accepted accounting principles consistently applied. 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. Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Page 14 Of 46 613 (c) 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, including,but not limited to,the Lessor. (d) The Initial 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 Project. Lessor agrees to cooperate with and publicly support the Initial Lessee's effort to obtain such approvals, permits and licenses,provided that such approvals,permits and licenses shall be obtained at Initial Lessee's sole cost and expense. 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. Nothing in this Lease shall be construed as the Lessor's delegation or abdication of its zoning authority or powers and no zoning approval that Initial Lessee may require to complete its performance under this Lease has been or shall be deemed agreed to,promise or contracted for by this Lease. (e) 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. (f) At all times and for all purposes hereunder, the Initial Lessee is an independent contractor/lessee and not an employee of the Board of County Commissioners of Monroe County or any of its agencies or departments. No statement contained in this Lease shall be construed as to find the Initial Lessee or any of its employees, contractors, servants or agents to be employees of the Board of County Commissioners of Monroe County, 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 Monroe County in his or her individual capacity,and no member,officer,agent or employee of Monroe County shall be liable personally on this Lease or be subject to any personal liability or accountability by reason of the execution of this Lease. (g) 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. (h) Initial Lessee agrees to a change order and the consideration paid to Initial Page 15 Of 46� 614 Lessee in this agreement reflects that change order. The change order shall be to amend the plans and specifications associated with Building Type B and Building Type C,Buildings 4- 11, to reflect finished floor elevations of said buildings shall be 14.5' instead of 9.o'. This change order shall include the signed and sealed drawings reflecting the new elevation as well as any and all costs associated with the permit(s) and/or permit(s) revision(s). 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 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. 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 clod, 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. 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. ARTICLE XV Mortgage Financing Section ss.oi Construction Financing By Initial Lessee. (a) Lessee shall have the right to pledge Lessee's leasehold interest, subject to Lessor approval which shall not be unreasonably withheld, in an amount not greater than the outstanding payment schedule set forth in Section 4.01 of the Lease.In the event that Lessee encumbers the Lease,then schedule payments pursuant to Section 4.01 shall be paid directly to Lessee's lender to pay down the outstanding balance due by Lessee. At no time shall the outstanding principal and interest due by Lessee, exceed the outstanding amount due by Lessor pursuant to the payment schedule set forth in Section 4.01. (b) The Initial Lessee shall have the right to encumber by mortgage or Page 16 of 46 615 other proper instrument Initial Lessee's interest under this Lease, to 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. (c) Until the time any leasehold mortgage(s) shall be satisfied of record, when giving notice to the Initial Lessee with respect to any default under the provisions of this Lease, the Lessor shall also serve a copy of such notice upon the Initial Lessee's leasehold mortgagee(s) at addresses for notice set forth in the mortgage instrument(s) (including assignments thereof) as recorded in the Public Records of Monroe County, Florida. No such notice to the Initial 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. Initial Lessee shall provide Lessor with written notice of the book and page number of the Public Records of Monroe County, Florida for each mortgage by which it encumbers the Demised Premises. ARTICLE XVI 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 thirty(3o) days written notice of such default and Lessee fails to cure such default within twenty (2o) days of receipt of said notice if the default is of a monetary nature,or if the default is non-monetary, such as performance or completion of construction,then Lessee shall have one hundred twenty(12o)days to cure such default. 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 or other detrimental 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. Section 16.02 Default. Subject to the contingency in Section 16.07,in the event of any material breach of this Lease by Lessee,including failure to meet the deadlines set for in the Construction Schedule,Lessor in addition to the other rights or remedies it may have, shall have the immediate right to terminate this Lease according to law and retake possession of the Property. 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 Page 17 Of 46 616 to the other rights or remedies it may have,shall have the immediate right of re-entry 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. 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. 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 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 Page 18 Of 46 617 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. Section 16.05. Affordable Restrictions. In the event any portion of the Demised Premises is used for purposes other than affordable housing by an interest holder of such portion, or if Lessee or any Sublessees fail to comply with the Affordable Restrictions, 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. 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 immediately terminate the Lease or Sublease. Lessee hereby agrees that all occupants shall use the Leased Premises and Improvements for affordable 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 by Lessor. Section 16.06.Appropriation Contingengy.The Parties acknowledge that the Lessor shall not be in default of the Lease in the event that in any given Lease Year,the Lessor is not appropriated the funding to comply with the financial obligations of the Lease. Section 16.07. County Payment Contingency. The Parties agree, understand and acknowledge that notwithstanding any provision in this Lease to the contrary,Lessor shall not be entitled to terminate this Lease or to possession of the Demised Premises for any Default,and Lessor's sole and exclusive remedy for a material breach of this Lease shall be damages and/or injunctive relief, unless and until Lessor has paid the Purchase Price Balance and Construction Costs in full,provided,this contingency shall not apply if Lessee abandons the project, as defined in Section 16.08. Section 16.08.Construction Default. If Lessee fails to complete the construction of the twenty-eight(28)Affordable Units by the Completion Date and such failure is due to an act or failure to act by the Lessee, then Lessee shall pay Lessor liquidated damages in the amount listed below with such damages commencing the day after the Completion Date and ending when the Project is completed or abandoned. If Lessee abandons the Project, the Lessor shall be entitled to terminate this lease. T--A +-A n CONTRACT AMOUNT FIRST 15 DAYS SECOND is DAYS ,i1sT DAY& THEREAFTER Under$50,000.00 $50.00/Day $10o.00/Day $250.00/Day $50,000.00-99,999-00 loo.00/Day 200.00/Day 750.0o/Day $100,000-00-499,999.00 20o.00/Day 50o.00/Day 2,00o.00/Day $500,000.0o and Up 50o.00/Day i,000.00/Day 3,50o.00/Day Page 19 Of 46 618 The Lessee's recovery of damages and sole remedy for any delay caused by the Lessor shall be an extension of time on the Contract. Any credit or reduction due to Lessor for liquidated damages under this provision shall be deducted from the next installment due to Lessee for Construction Costs. Any credit or reduction due the Lessor as a result of the Lessee's abandonment of the Project, together with any other amounts due the Lessor as a result of Lessor paying any liens,taxes or assessments which were due but not paid by Lessee at the time of abandonment,shall be deducted from the balance due the Lessee for Construction Costs. If the credits due the Lessor pursuant to this Section 16.08 exceed the balance due Lessee for Construction Costs, the Lessee shall pay the Lessor the difference within thirty (30) after Lessor has made a demand for such amounts. In the event Lessee abandons construction of the 28 Affordable Units and the lease is terminated before completion of construction,the amount of money due to Southcliff,LLC will be calculated as follows: 1. Calculate the value of construction completed to date as the sum of a. Land value with utility improvements and three (3) completed buildings which is agreed to be $$7,310,857.00 b. Number of buildings (not dwelling units) that have received a certificate of occupancy times $717,455• c. The sum of the partially completed value(s) of each incomplete building as determined by Exhibit F times $717,455• Note that the percentage completion of unfinished residential buildings is determined by reviewing which line items are complete as shown in the Exhibit A method of determining percent complete. d. $158,000, if the office building has received a certificate of occupancy or an agreed estimate of percent completeness of the office building times $158,000. 2. Total the amount of payments made to date by the County to Southcliff Holdings, LLC 3. Subtract the total County payments to date in #2 together with any outstanding leasehold mortgage from the sum of the items in #1 a. If the difference is positive,the County owes the remainder to Southcliff,LLC b. If the difference is negative, Southcliff, LLC owes the County that amount. NOTE: The basis for allocation of the costs of the buildings which led to the valuation of each residential building is attached as the Exhibit G. For purposes of this Agreement, the Lessee shall be deemed to have abandoned construction of the Project if it fails to complete construction of the improvements by the time periods set forth below,which shall be extended due to Force Majeure,as set forth in Section 20.13s by agreement of the Lessor and Lessee, or due to delays caused by the Page 20 of 46 619 Lessor: a. Three(3)buildings,with four(4) units each,will be completed by June 30, 2025. b. Four(4)buildings,with two (2)units each will be completed by June 30, 2026,in addition to the buildings completed pursuant to subparagraph"a"above. c. Four (4) buildings, with two (2) units each, together with the office, will be completed by June 30, 2027, in addition to the buildings completed pursuant to subparagraph"a"and'W1 above. Section 16.og. Other Contingencies. Termination of the Lease pursuant to this agreement 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. Initial Lessee hereby acknowledges that in the event Initial Lessee terminates this Agreement,Initial Lessee will not receive reimbursement from Lessor for costs incurred by Initial Lessee prior to such termination. Section 16.1o. Survival of County Obligations. Subject to any offset, credit or reduction for any monetary amounts owed to the Lessor by Lessee pursuant to the terms and conditions of this Lease and/or pursuant to Section 16.o8,the County's obligation to pay Lessee the Purchase Price and the Construction Costs shall survive termination of the Lease by the County except that Lessor's performance and obligations to pay under this contract is contingent upon an annual appropriation by the BOCC. ARTICLE XVII Repair Obligations Sectionl7.ol Repair Obligations. During the continuance of this Lease the Lessee, and every Sublessee with respect to their leased or purchased 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 by the Lessee,and the Lessee shall not suffer or permit any strip,waste or neglect of any building or other property to be committed,except for that of normal wear and tear. The Lessee will repair,replace and renovate such property as often as it maybe 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 Affordable Housing Units. ARTICLE XVIII Additional Covenants of LesseelLessor Section 18.o1 Legal Use. The Lessee covenants and agrees with the Lessor that the Demised Premises will be used primarily for the construction and operation of a multi-unit affordable housing complex and the other matters as may be set forth in this Lease, with Page 21 Of 46 620 related amenities and facilities, and for no other purposes whatsoever without Lessor's written 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, subject to the rights of approved Sublessees, so long as Sublessees do not have a term of a sublease greater than twelve (12) months. Therefore, Lessee shall surrender the improvements together with the leased premises. Ownership of all improvements shall thereupon revert to Lessor. C Section 18.03 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 Dernised 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 and/or Lessee may recover reasonable legal and professional fees attributable to administration,enforcement and preparation for litigation relating to this Lease or to the Affordable Restrictions 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 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 ovements and personalty, or of title, and the Rent hereun A sL 11 __+ 1 4+1,1,e1A -- A-- 11e A o nl- --r—, A--C--+ 1, +,41 llUerlialltlJL LJU VVILIIIIlU VI U11111111 11Un accouLU1 any UUICULI—IOULAI LILle 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. Notwithstanding the foregoing, the Parties recognize and acknowledge that the Lessee is constructing new residential units and then leasing such units to qualified Sublessees.As such, except for the provisions set forth in Section 10.01, Lessee is responsible to maintain the improvements on the Demised Premises in substantially the same condition as when such units received their certificate(s) of Page 220f 46 621 occupancy. Section 18.o5 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. Lessee shall notify Lessor immediately of any 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. Lessor and Initial Lessee hereby warrant and represent that to the best of their knowledge,the Demised Premises is free of any hazardous waste. Section 18.o6 Recordation. Lessee,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 and any Related Agreement(s) in the Public 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. ARTICLE XIX Representations,Warranties of Title and Quiet Enjoyment and No Unlawful or Immoral Purpose or Use Section 19.o1 Representations, Warranties of Title and Quiet Enjoyment. Lessor represents and warrants that to its knowledge,there are no material claims,causes of action or other proceedings pending or threatened in respect to the ownership, operation or environmental condition of the Demised Premises or any part thereof. Additionally, 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 will not use or Page 23 Of 46 622 occupy said premises for any unlawful or immoral purpose and will, at Lessee's sole cost and expense, 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. 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 Affordable Restrictions 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." Qc-+* Xj- AAT--- P,-- - -V A- ,u clion 2-0.On-- I'N%J VVCLIV1Z-,I. LIIIIN-- IZ5 Ul 111C essence III III%-- FULIUrmance ol UIC 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 20.02 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 the Lessor and Lessee, or their duly authorized agents or attorneys. Section 20.04 Entire Agreement. This Lease, including the Preamble and any written addenda and all exhibits hereto(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. Section 2o.os Notices. If either party desires to give notice to the other 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. Nothing herein contained shall be construed as prohibiting the parties respectively from changing the place at which notice is to be given, or the addition of one additional person or location for notices to be given,but no such change shall be effective unless and until it shall have been accomplished by written notice given in the manner set Page 24 Of 46 623 forth in this Section. Notification to Lessor shall be as set forth herein, to both of the following offices,unless a different method is later directed as prescribed herein or by the Affordable Restrictions: Notice to Lessor: County Administrator Monroe County, Florida iloo Simonton Street Key West, Florida 33040 Wilson-kevin@monroecounty-fl.gov With a copy to: County Attorney Monroe County Attorneys Office 1111 12th Street, Suite 408 Key West, Florida 33040 Shillinger-bob@monroecounty-fl.gov Notice to Lessee: South Cliff Holdings LLC, a Florida limited liability company Francisco J. Pla,Authorized Member 1527 Shaw Drive Key Largo, FL 33037 Frankl22162@yahoo.com With a copy to: Russell A.Yagel, Esq. Hershoff, Lupino&Yagel, LLP 88539 Overseas Highway Tavernier, Florida 33070 ryagel@hlylaw.com Section 20.06 Joint Liability. If the parties upon either side (Lessor and Lessee) consist of more than one person, such persons shall be jointly and severally liable on the covenants of this Lease. Section 20.07 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 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 20.08 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. Page 25 Of 46 624 Section 20.og 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 or related agreements shall be Monroe County, Florida. Section 20.10 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 20.11 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 20.12 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 persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby. Section 20.1.,1 Force Maieure. 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. Section 20.14 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. 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 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 26 Of 46 625 Section 20.15 Contingencies. This Lease Agreement is contingent upon Initial Lessee obtaining all necessary permits and/or permit revisions to build the Affordable Housing Units described herein. Section 20.16 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 Lessees and Sublessees shall hold Lessor harmless and indemnify Lessor for damages or claims related thereto and releases Lessor from same. 'Section 20.17 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 Monroe 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 Lessees and Sublessees shall hold Lessor harmless and indemnify Lessor for damages or claims related thereto and releases Lessor from same. Section 2o.18 Subsequent Changes in Law or Regulation. Where a change can reasonably be applied to benefit, enhance or support Lessor's affordable 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 Affordable Restrictions,any Related Agreements or their respective application and enforceability, so long as such application is not prejudicial or inequitable to the Lessee. In such instance,this Lease shall be construed to give effect to this provision,but such construction shall not permit a fundamentally inequitable result for any party. Section 20.19 Government Purpose. Lessor,through this Lease and the Affordable Restrictions,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. Section 20.20 Breach of Related Agreements/Remedies. Subject to the contingency contained in Section 16.07 of this Lease,to the extent that any purchase and sale or Related Agreement relating to the Demised Premises incorporates,relates to and/or is contingent upon the execution of and/or any performance under this Lease,any material Page 27 Of 46 626 breach under such other agreement shall be a material breach of this Lease and any material breach under this Lease shall be a material breach of such other agreement. Moreover,the parties agree that any remedy available for any breach under this Lease or any Related Agreements shall be cumulatively or selectively available to the parties hereto 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 either party's right to proceed under any other mechanism at any time or in any particular sequence. Section 20.21 Supplemental Administrative Enforcement. Lessor, or its appropriate agency,may establish under the Affordable Restrictions,as amended from time to time during the Term of this Lease, such rules, procedures, administrative forms of proceedings and such evidentiary standards as deemed reasonable within Lessor's legislative prerogative, to implement enforcement of the terms of this Lease and the Affordable Restrictions. 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." Section 20.2.q Drafting of Lease and any Related Agreement. The par-ties acknowledge that they jointly participated in the drafting of this Lease and any Related Agreements with the benefit of counsel, or had the opportunity to receive such benefit of counsel, and that no term or provision of this Lease or a Related Agreement shall be construed in favor of or against either party based solely on the drafting of this Lease or the Related Agreement. Section 20.24 Lessor's Duty to Cooperate. Where required under this Lease or Related Agreement, Lessor. shall cooperate with reasonable requests of Initial Lessee, Sublessees,title insurers,closing agents,government agencies and the like regarding any relevant terms and conditions contained herein. Section 20.25 Covenant to Budget and Appropriate. The County covenants and agrees to appropriate in its annual budget, by amendment, if necessary, from non-ad valorem revenues amounts sufficient to pay all payments required hereunder when due. Such covenant and agreement on the part of the County to budget and appropriate such amounts of non-ad valorem revenues shall be cumulative to the extent not paid and shall continue until such non-ad valorem revenues or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted,appropriated,and actually paid. Notwithstanding the foregoing covenant of the County,the County does not covenant to maintain any services or programs,now provided or maintained by the County, which generate non-ad valorem revenues. Such covenant to budget and appropriate does not create any lien upon or pledge of such non-ad valorem revenues,nor does it preclude the County from pledging in the future its non-ad valorem revenues,nor does it require the County to levy and collect any particular non-ad valorem revenues, nor does it give the Page 28 Of 46 627 Lessee a prior claim on the non-ad valorem revenues as opposed to claims of general creditors of the County. Such covenant to budget and appropriate non-ad valorem revenues is subject in all respects to the payment of obligations secured by a pledge of such non-ad valorem revenues heretofore or hereafter entered into (including the payment of debt service on bonds and other debt instruments). However, the covenant to budget and appropriate for the purposes and in the manner stated herein shall have the effect of making available for the payment of the payments required hereunder, in the manner described herein, non-ad valorem revenues and placing on the County a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations hereunder;subject,however,in all respects to the restrictions of Section 129.07, Florida Statutes,which generally provide that the governing body of each county may only make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject,further,to the payment of services and programs which are for essential public purposes affecting the health,safety and welfare of the inhabitants of the County or which are legally mandated by applicable law. [THIS PAGE INTENTIONALLY LEFT BLAND SIGNATURES NEXT PAGE] Page 29 of 46 628 IN WITNESS WHEREOF,the Lessor and the Lessee have hereunto set their hands and seals,the day and year above written. Signed, Sealed and Delivered LESSOR: ONROE COUNTY in the presence of two witnesses: y: Prifit�4n I A) 1AJf/::5cam,, oily Merr"aschei APPROVED AS TO FORM& McnrfeTounty Atto a Printed Name :ZA*AAr, 01p"y I- t (as to Lessor) As tant Cou mem Cea CLM Signed, Sealed and Delivered LESSEE: CLM V in the presence of two witnesses: SOUTH CLIFF HOLDINGS LLC,a > Florida limited liability compa5y,-� By: Printed Name i (icAQ Francisco J. Pla,Authorize�ember Printed Name t pup (as to Lessee) STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me,by means of[VI"P'hysical presence, or[]online notarization,this W day of &66Lt-5,i: )2024, by Francisco J. Pla as Authorized Member of South Clifff Holdings LLC, a Florida limited liability compan in the presence of these witnesses,who is personally known tome or has produced as identifica. 'on. Lj [NQtqry Seal S"' ik A Notary Public State of Florida Signature of otary Public Ruth Suzanne Rubio 1=45111%10 MY Commission HM 341487 L.'t-4-A& %4Xk2'q pi rie L-4-6 ce) Expires QW2027 Printed Name of Notary My Commission Expires: [SIGNATURES CONTINUED NEXT PAGE] Page 30 Of 46 629 Signed,Sealed and Delivered LESSEE: in the presence of two witnesses: SOUTH CLIFF HOLDINGS LLC,a , Florida limited liability company Printed N Richard C. Riehl,Authorized Member Printed Name (as to Lessee) STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by means of( physical presence, or[ online notarization,this ' day of L,,, 2024, by Richard C. Riehl as Authorized Member of South C zff Holdings LLC,a Florida limited liability compan ,in the presence of these witnesses, who is personally known to me or has produced • L• as identification. Notary Public'Stata of Florida Signature of Atary Public Ruth Suzanne Rubio IIl1 My Gama»ission kki 3414$7 Expires 4t1 112027 j \ *1({J1, a n vt C Printed Name of Notary My Commission Expires: '" Page 31 of 46 630 EXHIBIT"A" LEGAL DESCRIPTION 631 EXHIBIT"B" DEPICTION OF PROJECT LAYOUT 633 r.Rl1d-z=a rsme�nd-mom::s vo{ao-�maire+�,b1 �r_ b'Gll�eIO�� �O�r'��"-I .L��il ._— m xvTr iy sv sasnc u a1:r�5 0i9L15 - RZ4LL T '>N 3d ILOUVLi JI:3aL.0�l-.LN1Q L 'G _ih?21 Z t N`c109S0 - j �EcbQ \ zausvn inau nro { yr- -;a ra Iiinoa-tasro,, I���« �1 �N /{ 91CnZlLtJL -MlliWBfti 21Cd (O RIOULUL 31Va - i(S _lva rois{n� "or,"rsror{s sv" sTy�s Nr/1d .311^s •suu o - �_ UZo i R f C Zi 107 I 5 i I ° w gg j g8 01101 o$$ aMi° P a 7a 61ol 171-J 1 I � 3 U i $ i fun r #it �A. ------- ------ —'-- f I I A q --- -------- . --- f l qU a o aw r . d z P O TO E101 4• 11 tj rl,I=—] t.i. A I d s IN aLL aa�da gi Alp" - stir a.<g3ae.crtx 3`°" ------------------- - — ,lV(hH91H SG'33/n0 QNFlO�NI2.ION -- —. ------------------- ------------- ------- -------------'--' --- -------- -- ----- -- - 634 EXHIBIT"C" PLANS AND SPECIFICATIONS 635 Permits Permit Number Apply Date Status Type Permit Issue 22300467 3/16/2022 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 22300468 3/16/2022 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 22300470 3/16/2022 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 22300471 3/16/2022 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 22300472 3/16/2022 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 22300465 3/16/2022 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 22300473 3/16/2022 OPEN 04-COMMERCIAL BLDG-NEW 10/7/2022 22300469 3/16/2022 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 22300466 3/16/2022 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 21301943 9/23/2021 OPEN 115-SITE WORK 10/7/2022 21301925 9/21/2021 OPEN 14-FIRE PROTECTION SYSTEM 10/20/2023 21301926 9/21/2021 OPEN 14-FIRE PROTECTION SYSTEM 10/20/2023 21301923 OPEN 14-FIRE PROTECTION SYSTEM 10/20/2023 121301888 9/16/2021 OPEN 23-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10/7/2022 P�� 19/16/2021 OPEN 123-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 10J712022 121301890 19/16/2021 JOPEN 123-AFFORD-MULTI-FAMILY-AFFORDABLE HOUSING 110/7/2022 636 Proiect Finish / FF&E Schedules Exterior Details—All buildings Concrete Block Structure Floor trusses -wood Roof trusses -wood Roof- metal 5 V crimp (non-vented). Attic insulation - open cell attic insulation sprayed to bottom of truss decking, R-1 9 Floors Insulation, R 5 rigid wall insulation. Windows and doors - PGT energy Star Exterior Wall finish - painted stucco Meets Certified Florida Green Building Standards Interior Finishes ALL Buildings— Basis of design attached. Contract requirement is design basis make / model or approved equal. Bathrooms -tile shower at master bedroom -cast tubs with the wainscot all second baths. -Moen Plumbing Faucets & Valves -high rise elongated toilets -interior lighting —see cut sheets Cabinetry -plywood box with wood doors -dove tail drawers -soft close hardware Counter tops —quartz. Interior doors - hollow core panel Millwork - PFJ wood interior case, base and trim Flooring water-proof vinyl "click"—design basis is attached. FF&E -HVAC - 16 SEER minimum compressors and air handlers (FGBC - pressure and smoke tested, with mechanical make up air intake.) Jankless water heater, "water saver" 637 All Appliances —All buildings — Basis of design makes 1 models attached. Contract requirement is design basis or approved equal. Clothes Washer Clothes Dryer Over/under Washer/Dryer for 1 bedroom units Refrigerator Electric stove Dishwasher Garbage disposal Microwave. 638 OFFICE Furniture & Equipment 5 Computers - all in on HP 5 Office Chairs 2 Employee Desks 3 Tenant Desks 2 - 36"w x 40" tall low rise 3 drawer filing cabinets 2 waiting room chairs. 1 coffee table Design Basis makes 1 Models attached. Contract requirement is design basis or approved equal. 639 Project Finish / FF&E Schedules ALL Buildings Design Basis 640 ��yw��r����� �r[nnd�bmnnmx�hnc COOLING CAPACITY:18000 57,000 ENERGY-EFFICIENT - ��/x� �x� �,uu/ .�x�^v�,�'��xmx~OvD,o'OnEn �t� ��� �� ��m^m� '�,� ^�,~, ,w.�� ����^ N� �� �' SEER Contents Nnmendatune—........—......................_3 Product Specifications.......... ............ '4 ExpandrdCovingDam--------G Dimensions..................................... �]O Wiring Diagrams ................................ 31 Accesoohes-------------']4 Standard Features Cabinet Features ° Energy^efficientcomprese`r " Heavy-gauge galvanized-steel cabinet ° Factory-installed fi|terdrier with a louvered sound control top ° Fully charged for l5'mf tubing length ° Attractive Architectural Gray powder-paint ° Copper tube/aluminum fin coil finish with 5OO-hour salt-spray approval • Service valves with sweat connections ° Wire fan discharge grille and easyto-access gauge ports ° Steel louver coil guard " Contactor with lug connection ° Single-panel access tn controls with space " Ground lug connection provided for field-installed accessories ° AHR|Certified ° When properly anchored,meets the ZOl7 Florida Building ° ETL Listed Code unit integrity requirements for hurricane-type winds (Anchor bracket kits ava||ab|e.) PA 11 SEE ��.��a�*=�o�m�m��u | y�� u��Ep ����^ MS ��/°=��=�����=�" / v�* WARRANTY ��� ���� -=~~- -="�- ��*'����=^^=�"�m� 1 B11311 is matched with appropriate coil components° ^Complete warranty details available from your local dealer",=°°"go^um"��com.m receive the meet ENERGY STAR*criteria,Ask your contractor 10-Ye"Parts Limited Warranty,online registration must be completed within 60 days*installation.Online ===, m�u�m�xFor details"'visit~=°""°oys°"oov registration/"not required'"California^,Quebec. cS-Gsxzo wwwupoumanmfg.com 7/19 Supersedes 4/1.9 641 lumomm] �� �w0�h�� Mr[ondiiioninX&Heating — --- — — -- --- -----� MULTI-POSITION, MULTI-SPEED, AIR HANDLER ' WITH INTERNAL 7XV �t� /� ��muc �r� ^�v� ,��w� Contents mrMand|erNomendature------'Z Heater Kit Nomenclature......................Z Product Specifications................ ..........3 ' Dimensions............................................4 ' Airflow Data... .......................................6 Heat Kit Data.................... .....................8 Wiring maQram ............................ ....z5 Accessories..........................................1O Product Features ° internal factory-installed thermal expansion ° Rigid SmartFeme=cabinet valves for cooling and heat pump applications " Horizontal orvertical ° Direct drive,multi-speed ECK0 blower motor configuration capabilities ~ All-aluminum evaporator coil " Z1"depth for easier attic access ° Coil mounting track for quick repositioning ° Deca8DE-freethennop|asbcdmin ° Optimized for use with R4lOArefrigerant pan with secondary drain connections ° Cabinet air leakage less than 2.0% " Screw-less sides and back helps at1.O inch H2O when tested in to reduce condensation when accordance with ASHRAE standard 193 ' installed in humid locations ' ° Cabinet air leakage less than1.4% ° Foil-faced insulation covers the internal � at0S inch H2Owhen tested in casing to reduce cabinet condensation accordance with A5HRAE standard 193 ° Galvanized,leather grain-embossed finish ° AHR|certified; ETLlisted ° Glue-less cabinet insulation retention ° Tool-less filter access ° Field Installed kV-25 kVV electric heater kits available � PARTS� ' � m m� �ww/ren � |YEAR m^°"m°, �N��' m�m�m�mm� —z - ==�D��,= =~����= ` ~� mtertek ,/ u / / � local or*°=goo^ma"mfg.com.To receive the 10-Yea,Parts Limited jugal Warranty online registration must b"completed within 60 days°,installation.Online registration u not required m California", Quebec. ss_a^apr wwmgooumanmRu.com 7/20 s",=°de,5/20 642 MOENO S p e c f c a t o n s FAUCET DESCRIPTION • Metal construction with various finishes identified by suffix • Includes showerhead,arm,flange and diverter spout OPERATION • Lever style handle with temperature indicator on the escutcheon • Handle operates counterclockwise through a 270'arc with off at 6 o'clock and maximum hot at the 9 o'clock position.Shut off in clockwise direction • Adjustable temperature limit stop to control maximum hot water temperature • Pressure balancing mechanism maintains selected discharge temperature to±3.6'F(±2°Q FLOW 90 DEGREE TM POST TEMP® Showerhead is limited to2.5 gpm(9.5 L/min)at80 psi • EP suffix models are limited to 1.75 gpm(6.6 Umin)at 80 psi Single-Handle Tub/Shower Trim Kit • NH suffix models contain no showerhead CARTRIDGE Model: TS271 1 series-valve trim only • 1222 cartridge design • Nonmetallic/nonferrous and stainless steel materials TS2712 series-shower trim only Accommodates back to back installations TS2713 series-tub/shower trim only STANDARDS • Third party certified to meet ASME Al 12.18.1/CSA B125.1 and all applicable requirements referenced therein Valves: 62300,2500 series EP suffix models are third party certified to WaterSensel ADA 0 for lever handle WARRANTY • Lifetime limited warranty against leaks,drips and finish defects to the original consumer purchaser oats EPA Gc`@ • 5 year warranty if used in commercial installations LAPMO R&T EP Suffix Models Onlyj 2"CC(51 mm) 1-7/8"IPS(48MM) MAX WALL FACE OF STUD 6-3/16' 1/2"MIN.CC(1 3mm), (157mm) 2-1/2' FINISHED WALL LINE ► 5/8"MIN.IPS 16MM) (64MM) 8-3/8' (213mm) 3/16"(typ)(5mm) 3-1/2"(89mm)MAX. PLASTER GROUND 2-1/2"MAX.(63mm) 2-1/4"(57 1 mm)MIN. 6-7116'— DIAMETER (164mm) WALL (38mm OPENING 4-1/2"(1 14mm) 6-6" WALLOPENING CL (1981 MM) HOT I COLD INLET__'( ('-INLET R 7-1/2" 1 3/8"(3Smm) (191MM) (35MM) MIN 2-7116' 7-1/4' (185MM) PLASTIC 13mm)/ SURROUND 48"(1 219mm)-SHOWER 32"(81 3mm)-TUB OR TUB SHOWER TUB RIM FLOOR I i FLOOR LINE THICK WALL APPLICATION THIN WALL APPLICATION CRITICAL DIMENSIONS (DO NOT SCALE) a A FOR MORE INFORMATION CALL: 1-800-BUY-MOEN TS2713sp:Rev.5/13 www.moen.com 643 PRINCETON@ RECESS BATH ® BARRIER FREE AMERICAST®BRAND ENGINEERED MATERIAL PRINCETON®RECESS BATH Americast°brand engineered material ❑ 2390.202 Left Hand Outlet ❑ 2390.202TC Same as above w/tub cover ❑ 2391.202 Right Hand Outlet Jj 239 t.202 I C Same as above w/tub cover •Acid resistant porcelain finish •Recess bath with integral apron and tiling flange •Integral lumbar support •Beveled headrest •Full slip-resistant coverage ILA •End drain outlet •Integral base PRINCETON®RECESS BATH for Above Floor Rough Installation* ❑ 2392.202 Left Hand Outlet for above To Be Specified-Required: floor installation :1 Color: ❑ 2392.202TC Same as above w/tub cover :1 Bath Faucet*: ❑ 2393.202 Right Hand Outlet for above ❑Faucet Finish: floor installation :1 Drain: (included with ICH models) ❑ 2393.202TC Same as above w/tub cover J Drain Finish: s-' MEETS THE AMERICANS WITH DISABILITIES ACT GUIDELINES *See faucet section for additional models available 1M AND ANSI A117.1 REQUIREMENTS FOR ACCESSIBLE AND v USEABLE BUILDING FACILITIES-CHECK LOCAL CODES. INSTALL WITH SEAT AT HEAD END. Nominal Dimensions: 1524 x 762 x 356mm (445mm for above floor installation) 60" x 30"x 14" (17-1/2"for above floor installation) Bathing Well Dimensions: 1423 x 635 x 337mm (56"x 25" x 13-1/4") SEE REVERSE FOR PRODUCT DIMENSIONS AND SPECIFICATIONS Compliance Certifications- Meets or Exceeds the Following Specifications: •ASTM F-462 for Slip-resistant Bathing Facilities •CSA B45.5/IAPMO Z124 Ignition Test, Section 5.13 Americast®brand engineered material is a composition of porcelain bonded to enameling grade metal,bonded to a patented structural composite. H1-135 OO 2018 AS America Inc. spec_2390.202-2391.202 Princeton Recess Bath Rev 2/18 644 ix +c PRINCETON" RECESS BATH ® BARRIER FREE AMERICASTO BRAND ENGINEERED MATERIAL 2 4f 2 �(24mm) :�(6 " .,.,„., 1mm) 2-318'PROVIDE FULL LENGTH SUPPORT(346mm) STRINGER 2- 14 3/4"ATTHIS POINT ) (356mm) (19mmj7-3f4" DI II �-rD 1_,t2 I !ROUGH FLOOR DRAIN OUTLET BEDDING MATERIAL IS ACCEPTABLE I I BELOW FLOOR ROUGH I I I 2390.202 2391.202 I Ir FINISHED 60" 4 i1l4" I WALL (1524mm) (108mm I 1-7/8" (48mm) I 15116° 2-1r2" -- iF(24mm) (64mm) FULL LENGTH * "DIA. S PPORTSTRING R PROVIDE 1 {54 aWALL FINISHED LAYBACK 17-1f8" FULL LENGTH ANGLE (435mm) SUPPORT 120' STRINGER ATTHIS POINT, ROUGH FLOOR L14-1/4" (70mm) . 30 (362mm) BEDDING MATERIAL IS ACCEPTABLE (765mm) ABOVE FLOOR ROUGH 2392.202 2393.202 LEFT HANDTUB ILLUSTRATED *PLUMBER NOTE:PROVIDE FULL Mlf�-UT UAkInT110 IC oovooccn LENGTH SUPPORT STRINGER ""�"' .1-- 'MW 1�"'-"'-"�'-" ATTHIS POINT GENERAL SPECIFICATIONS FOR 2390/2391 BATHING POOL GENERAL SPECIFICATIONS FOR 239212393 BATHING POOL* INSTALLED SIZE 60 x 30 x 14 In.(1524 x 762 x 356mm) INSTALLED SIZE 60 x 30 x 17_1/2 In.(1524 x 762 x 445mm) WEIGHT 110 Lbs.(50 Kg.) WEIGHT 1191bs.(54 Kg.) WEIGHT w/WATER 460 Lbs.(209 Kg.) WEIGHT wNVATER 469 Lbs.(213 Kg.) GAL.TO OVERFLOW 42 Gal.(159 L) GAL.TO OVERFLOW 42 Gal.(159 L) BATHING WELL AT SUMP 42 x 19 In.(1067 x 483mm) BATHING WELL AT SUMP 42 x 19 In.(1067 x 483mm) BATHING WELL AT RIM 56 x 25 In.(1423 x 635mm) BATHING WELL AT RIM 56 x 251n.(1423 x 635mm) WATER DEPTH TO OVERFLOW 9-1/2 In.(241mm) WATER DEPTH TO OVERFLOW 9-1 t2 in.(241mm) FLOOR LOADING 37 Lbs.tSq.Ft.(175 Kgs./Sq.m) FLOOR LOADING 38 Lbs.tSq.Ft.(182 KgsJSq.m) (PROJECTED AREA) (PROJECTED AREA) PTS. 6.2 PTS. 7.4 - CUBE(FTa) 18.1 CUBE IFT3) 212 NOTES: Below is shown typical cross sections of the tub rite showing typical wall constructions. LEFT HAND OUTLET SHOWN,RIGHT HAND REVERSE DIMENSIONS. (2391.202). WOOD STUDS STEEL STUDS FITTINGS NOT INCLUDED AND MUST BE ORDERED SEPARATELY. sruD = t I� REFER TO INSTALLATION INSTRUCTIONS SUPPLIED WITH FITTING. SHIM— STEEL STUD SHIM CONCEALED PIPING NOT FURNISHED. DRY WALL TILE - WASHER DRY WALL �DR sneR PROVIDE SUITABLE REINFORCEMENT FOR ALL WALL SUPPORTS, DRYWALLSCREW TILE ' CAULKING) CAULKING) REFER TO INSTALLATION INSTRUCTIONS SUPPLIED WITH BATH. SEALANT SEALANT YWALL scREw IMPORTANT:Dimensions of fixtures are nominal and may vary Within the range DRvwnLL DRYWALL of tolerances established b ASME All2.19.1/CSA B45.2 SCREW y� SCREW y� y Tug- I('F TDB (('( These measurements are subject to change or cancellation. No responsibility is assumed for use of superseded or voided leaflet. 51 x 102mm.(2 x 4)WOOD STRINGER FULL LENGTH H1-136 C 2018 AS America Inc. PART OF "X I` spec_2390.202-2391.202 Princeton Recess Bath Rev 2f18 645 Spec 52006BK Job Name: Job Type:-Quantity Comments: PRODUCT DESCRIPTION _ FINISHES OPTION This alist;c contemporary,approach to LED vanity lighting .,ill be the standard for both residential and ���un�inimu,uu�.,o�uc„�Nv�u�yuppraa��� �v�wda�u�Y,y�����y ..��ti� ��w��u��..u�.. ,,,� .,,,,,,,,,.,u..,,�u,w�,. commercial applications.The light engine features a high quality dimmable driver with multi volt input and high Black color rendering LEDs for the ultimate vanity lighting. Bronze MEASUREMENTS ■Gold DIMENSION 36"W x 1.75"H x 2.25"Ext . Polished Chrome BACK PLATE 4.75"W x 4.75"H x 2.4"HCO HANGING WEIGHT 2.76 lb Satin Nickel 2.25"1-- LAMPING INPUT VOLTAGE : 120-277V MATERIAL LUMENS 2,280 Rated (1,850 Del.) Aluminum,Acrylic 1.75"11 BULB 1 x24W LED PCB Integrated,24W Total BULB INCLUDED : (Integrated) DIMMABLE :Only at 120V with ELV cETLus RATINGS CRI :90+CRI Wet L Wet Location COLOR-TEMP :3000K Energy Star LIGHTING-DIRECTION:Omni JAB ListedADA W l=J ADDITIONAL INSTALL UP/DOWN:All RATED LIFE 50000 Hours OPERATING TEMPERATURE: -20°C (-4°F),40°C(104°F) PHOTOMETIC:Report Found Online Always consult a qualified electrician before installing any lighting product. 646 OW AhP€STERN tD STRIi��1TI.iaN CEIV ER�HEA6, 4,O'TER)m ., 25 .�Jt��T�'V�t�EIANt3 A��!C1�`G?F�t�Gs.�1ST��aGA 9.17�6 EASTERN 6.W#16UflON CE,T€R d260'tHkEY%QR I.I+�TIt?PlTAa. zA3C133;6 L I H. T I•; N ' I F:,52, ,t225" ! 6 1axitlli'tgh#ng ciatat E 647 mnMAire. Item 4 UPC Code: F565-BN 706411059742 Product Family Name: Finish: MesaTM Brushed Nickel Category: Category Type: INTERIOR FAN Ceiling Fan Certification E75795 Patents: Notes: Image File Name: F565-SN,jpg MEASUREMENTS LAMPING Blade Finish: Reversible Blades: No,of Bulbs: Light Type: No 0 Blade Material: Slope: Max Bulb Socket: MDF Construction No Wattage: Blade Sweep: No.of Blades: Blade Pitch: Hanging Weight: 52" 5 12 degrees 13.45 Light Kit: Dimmable: Ballast: Rated Life Uptight: Downrod I Downrod 1 OutsidaDownroad 2: Downrod 2 Outside No No Hours: No Dr: Dia: BulblLED Color Temp,: CRI: Initial Lumens:Delivered Ceiling to Lowest Ceiling to Blade Lead Wire: Motor Size: included: Lumens: Paint:(Dim A) (Dim B) 8" 153x14mm 8.75 6.5 Low Low/!vied, Medium Med./High High RPM: 57 159 GLASS Amps: 0.21 0.53 Watts: 9.76 63.32 Description: Material: CFM: 1230.0 3733.0 CFM/Watts: 126.02 58.95 Part No. Quantity: Width: Height: Length: 7, A I I %.0 14 V V SHIPPING Pull Chain Works with Remote Control: Works with Wall Control: Caron Width: Carton Height: Carton Length: Control: No Yes 12.5 8.13 19.63 Yes Carton Weight: Garton Cubic Feet: Small Package Shippable: Included Remote Control: Included Wall Controi: 15.33 1.154 Yes Master Pack Width: Master Pack Height: Master Pack Length: Compatible Remote Compatible Wall Control(sj: Controi(s): WC105-WH,WC106- Master Pack Weight: Master Cubic Feet: Multi-Pack: Master Pack: WH 1 1 LISTED UL Listed For additional information,please contact Customer Care:1-800-221-7977 1 Product depicted on this spec sheet is protected by United States Federal and/or State laws including US Patent,Trademark and/or Copyright and unfair competition laws.Unauthorized reproduction or use carries severe legal penalties. Rev 05.21.2018 02:57 PM 648 � � r CANo K6 LTD. POLO PO Box 367,2157 Parkedale Avenue,Brockville,Ontario V5V6 Tel:613-342-5424 1 Fax:1-800-263-4598 Track i g h t 2555 Rue Bernard Lefebvre,Laval,Quebec H7C dA5 Tel:1-450-665-2535 I Fax:1-450-665-0910 808 Commerce Park Drive,Ogdensburg,New York,USA 13669 part #IT622A02BN10 Tel:1-800-267-4427 Fax:1-800-263-4598 wvvw.canarm.com General Size of fixture: 14"W x 8 112" H x 5" D Finish: brushed nickel Lamping: 2 x 50W GU10 bulb(not included) Canopy: 5" diameter At -ilk Mounting: Ceiling or Wall Packaging V. Color box: 14.37" x 7.28"x 5.31" (365 x 185 x 135mm) Weight: 2.09 Ibs Master box: 16.54"x 15.56"x 14.77" (420 x 395 x 375mm) Pieces per master: 6 Weight: 13.67 Ibs Warranty&Safety Standards Warranty 1 year cCSAus Prepared for Contact Date Presented by Remarks 649 KICHLER. �J- 1 Light Outdoor Well Cylinder in BA 9234BA(Brushed Aluminum) Product Description: This one light,Wall CyIinderfeatures our Brushed Aluminum finish and uses a BR- 30 bulb that produces 65-watts(max)of pure light It measures 7"high,is U.L. listed for wet location,and is a Dark Skies compliant fixture. Available Finishes Architectural Bronze Brushed Aluminum White U1, ADD TO PROJECT Technical Information Weight: 0.95 LBS Safety Rated: Wet Project H GWO: 3.-50 0' Type Base Backplate: 5.00" Ordering# Width: 4.75' Comments Height: 7.00" ----------- Lamp Included: Not Included Extension: 7.00" Voltage: 120V CFL Bulb Type: HYBRID(I 3-15W) Light Source: Incandescent Socket Base: Medium Number of Bulbs: 1 Lamp Type: Al 9 Max Watt 65W Finish: Brushed Aluminum ------------ --------------------- 650 floorfg PRO Series ENDURA SPC vinyl plank 1V A,labaster Oak 158 ivory Oak: 142"Gray Bart)Wood 150 Cinnamon Walnut 154 Almond Oak 203 Tawny Oak 4 fm r « ?• S } 452 Sienna Oak i S Yp Y • R, _ Zk- 507 Wheat Oak 562 Neutral Oak 591 Oyster Oak !-.�'� t:za.• .�Sri.{_ 592 Shadow Oak 634_SSepia Oak 698 Auburn Oak 728 Jade Oak 556 Smoky Oak 734 Umber Oak 762 Hazer Oak 765 Tan Oak 802 Ginger Oak 820 Amber Oak shawffoors.com 606.�A' 11, FLOORS 651 ENDURA floorfg PROseries Top-selling style Endura is perfect for those wanting a durable product with unrivaled value. Rich hues, combined with beveled edges and realistic embossing embody the tried-and-true character of real hardwood. Endura is 100% waterproof for a beautiful, high-performing floor and features Soft Silence" acoustical pad for noise reduction and added comfort. Endura 512C Plus Style Number 0736V 7", Thickness 4.8 mm ----------- ------- Wear Layer 12 1 Finish ArmourBead i Edge Descrioti Micro Bevel,on, SF per Carton 18.68 SF per Pallet 149436 Installation Floating ------ Installation Grade Above,on,,Belaw Ortho-Phthalates Free Yes 77 77 �floorScdre Certified Yes�,�, Residential Warranty 30 year _7 V Commercial Warranty yea( Arlhmciiim fe%v Pnriiirn CZ11r. Dbic awl a Kir � Style Name Style Number ............ Shaw T 180 101LV 4 gal., j Coordinating Trim Baby Threshold* Multi-Purpose T-Molding* Quarter Round Flush Stair Nose* Reducer* VSBT2 VSMPR VSTMD VSGTR VFSN2 94" L 72" L 72" L 94" L 94" L packaged with Molding Track TREADZ11 Center LVCTR SOFTC3 Right LVCAR Left LVCAL S I L E N C E White Riser LVWRI* ACOUSTICAL PAD .packages of 3 shawfloors.com FLOORS 652 ' e e n Y r. R—..�.r+�S! _ _ �_ ! L .. 'fir �A t k�Ly i r • i �r t% . � E . t•. t u� FLOOR i WALL ARTICULO rol dat- Itt � GLAZED PORCELAIN FLOOR, GLAZED CERAMIC \MALL & MOSAIC IMA I'NE V,'HAT`s POSSIPLe with REVEAL IMAGING 653 ai:,�Yir: ,• -: 83 P w� vu "Ca a i a `46� <; 44 � T F fa xr; M Design tells a story with the flowing travertine took of Articulo". Beautiful replications of Linear vein-cut travertine in five natural colors bring sophisticated drama to your space. • Large-format porcelain floor tite in a unique 18 x 36 and the popular 12 x 24 pairs beautifully with wave wall the designed to flow continuously from piece to piece. LINEAR TRAVERTINE LOOK POST-CONSUMER RECYCLED MATERIALS Sophisticated linear,vein-cut travertine design in five natural colors ® PRE-CONSUMER RECYCLED MATERIALS 6 x 18 wall tile available in both a flat and a ® MADE IN THE U.S.A. wave structure for heightened visual interest Pressed 1 x 3 straight-joint mosaic is perfect REVEAL IMAGING for shower floors Atl or select items within this series meet the requirements for ESSENTIAL CONTINUITY tffesequaiifica'ton= Large-format floor the in two sizes with For more information visit daltite.c"om. coordinating wall,mosaic and trim Wave wall tile designed for seamless flow p ' RdtLAIN from the to the TILI 654 FLOOR I WALL ATICLC TM GLAZED PbRC'ELAIN FLOOR, GLAZED CERAMIC WALL& MOSAIC with REVEAL IMAGING"' GLAZED PORCELAIN FLOOR TILE ` .� a ' s - .-4 3 , EDITORIAL WHITE AR06 FEATURE BEIGE AR07 COLUMN GREY AR09 v STORY BROWN AR08 HEADLINE GREY AR10 1 x 3 GLAZED CERAMIC MOSAIC i EDITORIALWHITE AR06 FEATURE BEIGE AR07 COLUMN GREY AR09 STORY BROWN AR08 HEADLINE GREY AR10 6 x 18 GLAZED CERAMIC WALL TILE IIII ,,I EDITORIAL WHITE AR06 FEATURE BEIGE AR07 COLUMN GREY AR09 STORY BROWN AR08 HEADLINE GREY AR10 6 x 18 GLAZED CERAMIC WAVE WALL TILE EDITORIAL WHITE AR06 FEATURE BEIGE AR07 COLUMN GREY AR09 STORY BROWN AR08 HEADLINE GREY AR10 655 FLOOR //JJLL�O O R I WALL O TM GLAZED PORCELAIN FLOOR,`GL.AZED CERAMIC WALL,& MOSAIC with REVEAL_ IMAGING'' SIZES TRIM Thickness Sq.Ft./ Pieces/ Type Number Size Pieces/ e Carton Carton Carton 18 x 36 (17-11/16 x 35-7f16„� Floor B ttr se P-ucn9 u x 24 0 Floor The (45.00 cn n x 90-00 cm) 13.08 - 12'Jolly S-1/2'12J I;2 x 11-15/16 12 12 x 24 (11-13/16 x 23 13/16") 5/16" 1737 9 -- Floor Tile (3000 cm x 6048 cm) _---- --__ ___---_..__— INSTALLATION 6 x 18 (6"x 18") Grout Joint Recommendation Shade Variation Walt Tile (15.25 cm x'4576 an) Sf16" 25 S ----__.-- ----_--- - -- ----------- ---- -----_. -_ --_-- ___.__--- Floor:3,/16"(Overlap should not exceed 6 x 18 6"x 18 1 33%when installing tile with a length 15"or 0 Wave 5/16 11.25 15 greater in a staggered brick-joint pattern.) Wall Tile (15.25 cm x 4576 cm) — -- —- --- -- -- ----------- --- ®. wall: (tJH"when installed in a �� Nigh(V3) 1 x 3 staggered brick-joint pattern,overlap ... Straight-joint (12 IJ8 x 12 1j8"Sheet) /4 0.20 0 should not exceed >34%.) �e Mosaic (30-80 cm x 30.80 cm Sheet) - — ------- -- - --- _ Mosaic:1/8" APPLICATIONS PERFORMANCE CHARACTERISTICS Target Suitable Floor wall Mosaic DCOF wet ASTM# Result Result Result Dry&Level-Interior Floor N/A ✓t Water Absorption C373 0-5% <2(10% <3.0% Wet a Level-Interior Floor >042 ✓' Breaking Strength C648 >275 hes 120-230 lbs >250 lbs Sh,c�wcr ringr5'Regrlentia ^r ic�ht i nmmerr gl) >Q4"J J'" Scratch Hardness MOHS 8.0 z1.0-6.0 S.v Exterior Floor Applications (including pool decking&other .06G Cherniczl Resistance Coot Resistant Resistant P,esistant wet areas with minimal footwear) Abrasion Resistance C1027 4 N/A 4 Ramps&Inclines 'Obc For additional information on test- results,visit us at daltite com/ Walls/Backsplashes N/A ✓ information/TestResults. Countertops N/A ✓^ Pool Linings N/A ✓"' NOTES A DCOF value of z 0.42 is the standard for tiles specified for level interior s paces Since there are variations in all fired ceramic and natural products, expected to be walked upon when wet,as stated In ANSI A1371-2012,Section 9.6 the and trim supplied for your particular installation may not match For more information about DCOF and the DCOF ACU lest visit dattite com/DCOF. samples.Final confirmation should be made from actual tiles and trim prior to installation.Manufactured in accordance with ANSI AI37.1 APPLICATION NOTES: standards. Floor tile suitable for exterior applications in freezing and non-freezing climates when Not for use on ramps.ANater;oil,grease,improper drainage and proper instaltation metl-ods are followed certain footwear can create slippery conditions Floor applications Wet[and mosaic tileexpected to be exposed to these conditions require extra caution in suitable for exterior applications in non-freezing din�ates,when product selection. proper installation methods are followed. For additional information refer to"Factors to Consider'at. Watt tile not suitable for this application. daltilacom f Factors. Mosaic the only Special consideration needs to be.given when installing tiles greater than 15 inches.Please refer to daltite-com/Large5les for more Information. Use of a latex modified thin.-set is recommended for installation.For more information,visit dattite co; daUe 7834 C F.Hawn Freeway, ile green works-v©rks- Dallas.Texas 75217 1 L800.933TI!Edalt DESIGNED TO HELP EARN LEED" To view the complete collection of CREDITS.For more detailed information, - Dattite`products and information, IMAGINE WHAT'S POSSIBLE"' visit daltilegreenworks.com. visit our website at daltile.com, 'r'2018 battle (2/18) 656 P ROC R AFT GA6 # NETR LIBERTY SHAKER WHITE * Birch Wood Species • 3/4"Thick Solid Full-Overlay Raised Panel Wood Door • 33r4"Thick Solid Wood Front Frame • 1t2"Furniture Grade Plywood Sox I � Constru Lion(Half Dovetailed into front Q r Frame) ' • Unfinished Exterior End Panels("Must �'�°�`_ •• ��� Specify Optional Finished Ends) • Soft Close,Fully Concealed Hinges • ` j • Natural Interior • 5-Piece Recessed Panel Drawer Head • 5l8"Dovetail Wood Drawer Box #• r * Under MountFull Extension;Soft Close • ' Drawer Guides ;- • 5t8"Adjustable Shelves Modern Design for a Crisp New Kitchen 657 Specifications ������� ~�� �� 0� MOENO �1� �� � � �� � �� � � ,� �� � �— m DESCRIPTION ~ Reflex'system offers smooth operation,easy movement,self retraction, and secure docking ^ Metal construction with spot resist stainless finish ^ pura|vcK~quick connect system ` PuUdmwn spray with 8o''braided hose ` 30^compression connections will accept standard ball nose connection for u/8^tubing ^ High arc spout provides height and reach tu fill or clean large pots while the pu|Nmwn wand provides the maneuverability for cleaning nrrinsing OPERATION | J ' Lever style handle ` Operates with less than slbs."fforce ^ Operates in stream o,spray mode in the puUdownor retracted position FLOW ^ Flow i,limited tnl.sgpm(5.7Umin)at0Opsi CARTRIDGE ^ 12ss~Dum|aSt=cartridge for Single-Handle Faucets ^ Engineered polymers,non-ferrous and stainless steel materials STANDARDS ` Third party certifiedu,mPKAOsreen'A5MExll2.1a.1/[SAO'/zs.1andaU CONNEAUTTm applicable requirements referenced therein including NSF ol/9&a7x Single Handle High Arc Pull Down ^ Meets[a|G°een and Georgia SB3,orequirements ^ Complies with California Proposition o5 and with the Federal Safe Drinking Kitchen Faucet Water ' lever ~~~ '~ 8NxxdeUa'Q78U1SRS ^ The bacN1oepntect|ons t |n this device cungstsuftwo ' independently operating check valves,a primary and u secondary which preventback8mw NOTE:THIS FAUCET IS DESIGNED T3BE mAum4mTY ^ Lifetime limited warranty against leaks,drips and finish defects mthe INSTALLED THROUGH l QR3HOLES, i |h " original homeowner l-l/� (38rnrn) K0|N.D|A. ^ l0yea/limited warranty when used|na multifamily installation ^ 5 year limited warranty when used ina commercial installation Visit~wv^moenznm/suppnrt for complete details and limitations 8_15L/64" mm (2wu ) Max Deck Thickness CRITICAL DIMENSIONS (DO NOT SCALE) ° ��ll�e �������U��K�����D�������� ���K�����&8K��� " � www.moen.com �m 658 N I!I!! 24"Built-In Dishwasher Dishwasher Available Products:FDPC4221AB,FDPC4221AS,FDPC4221AW Available Colors:Black,Stainless Steel,White Version:07/23 SpecificationsProduct Dishwasher Dishwasher Cycles Detergent Dis enser Yes __. _ Heavy ..___._. _"._._.__.. Yes Filter Material Stainless Steel Normal Yes Filter Trap Removable Number of Cycles 2 Filtered Water 100% Upper Rack — Yes Hard Food Disposer or Filtration Yes ------ _.. _ .___.—.,__ __ Smg1e Speed Lower Rack Place Setting Capacity — 14 Maxinmm Hei ht Clearance 13" - .— Rinse Aid Dispenser Yes _ _._.------_ _-__ ____ _.._. _ ..._.-_._. __. _..---__ , _.__- Minimum Height Clearance 11" Smart Soil Sensor No Number ri Silverware Basket 1 LOWer Spray ATM Bi-Beam Ra,L-T,, uas,c Middle Spray Arm- Bi-Beam Upper Spray Arm Nozzle _ , ._._ Controls Tub Design Tall Tub Di rtal Dis la No _ _ P Y _- _ ._._.___._.______ Tub Material Control Lock Yes . ._ ____ .___ Rinse Aid Indicator Yes Wash System -_ _..__ .._.__._ water Pressure >zo psr _,_ Dimensions and Volume Water Usage 5 Gallons Minimum Height 33 1 2" Maximum Height —_.._ ____,_.,___..___..____. ____35__-_-.------ _Yes ._ ----- Dishwasher Options width z4° Depth 25' Heated D _ P _.. _.._ _._ _ __ --___ _-. _ Start/Cancel _ __- _ _ Yes Installation Upper Rack Connection Location Right Bottom Minimu m Height Clearance 8 ---___-- g___,__-___—_._ Number of Leyehng Legs __...... 4 Water inlet Location Bottom Left Exterior _ _____--_.___. ._._--__-----_—_-_ —_- Door and Handle Design Pocket Certifications and Approvals Door Latch Squeeze — ADA Com pant No -- --- _________ P ____.__._. _.____._.___.___ _._.___..-- -______ Standard Electrical Specifications Safety Certifications and Approvals p UL Listed Yes Volta e Rahn 120 V - -" _....._.__. Meets ASSE 1006 Re uirements Yes NSF Certified No General Specifications Sound Level 62 dBA Annual Energy 240 kWh warranty--Labor 1 Year Warranty-Parts 1 Year Appliances,For planning purposes only.'We reservethe right to change specifications or discontinue models without notice. Refer to Product Installation Guide for detail.ed installation instructions on the web at frigidaire.corn/frigiclaire.ca Electrolux Major I DavidTaylor Drive I 659 24"Built-In Dishwasher Dishwasher Available Products:FDPC4221AB,FDPC4221AS, Available Colors:Black,Stainless Steel,White FDPC4221AW Version:07/23 Performance Certifications and Approvals CEE Tier Tier 1 _____ ___ ______._____..__.____ ENERGY STAR Certified No i Front Left Right A9 iJ�r; 33112" Door in 90' Adjustable .position to 35'" r , i 4r Water inlet Power supply location(right bottom front) -- - deft bottom front) 900 Ll Electrical,water, 34°fa and drain lines must be confined min, to shades!area ,4"t rnin. 18'.t 3` h Clot Electrical ys sf water wiring � line 6 For planning purposes only. We reserve the right to change specifications or discontinue Refer to Product • . Electrolux Major Appliances,N.A. David Taylor Drive 660 30"Electric Range Electric Range _ Available Products:FCRE3052BB,FCRE3052BS,FCRE3052BW Available Colors:Black,Stainless Steel,White - Version: 10123 Product Specifications Cooking Controls Cooking Controls Function Bake Yes Program Fahrenheit or Celsius Yes Broil Yes Kitchen Timer Yes Cooktop Off Yes Cooking Surface Type Smooth Oven Light _ Yes _ Element On Indicator Light Yes Preheat Yes ______.._._,___.___.. _.___.._ ._. _ ._._..___ ___._.._. _ .._.__._. _ .____.._. ._._.....___ _ Hoo-Surface Indicator Light Yes Up 1 Down Arrow Yes Warm Zone Yes Drawer Drawer Handle Style__. Integrated ^_ � _- Oven Drawer Bake Element Pass 4 Dimensions and Volume ke Element Type _ Raised Ba Minimum Height 46 3/4" Broil Element 3000 Watts Maximum Broil Element Pass 4 __..__.._.._.�_._.__.____ ..___.._..__..___. _.___.__-_.. __,_.__. ...._.__.._._. Width 30" Number of Rack Postnons 6 --_.—— _.� Depth 26 Oven Intenor Color Midni ht Black ._._..._. ,__.__.___.___ __._. __$._ __. .- __ Depth With Door Oven Light Quantit 1 µ` T_Y .__ . _. ._ _. ._u. Depth With Handle Oven Li ht T e Halo en " Oven Interior Height_ _ 18 l l8" Oven Li ht Watts 40 Watts _ _ ._ _ g__ _ _. __. Oven Interior Width 25 3/16" _______ ," Embossed _. _. Oven Interior De th I9 7(8 Rack T e 1 Flat -----_----__.P _. -_ _. _ ...__ _. _._ ,_. .. _ Oven Capacity_._ _ _ 5.3 Cu Et RackT e 1 Quantit 2 __. Installation Cooktop Performance Right Front Element Burner Size 9" _ _ Rt ht Rear Element Burner Size 6 -- -- -- - - -- Safety Certifications and Approvals Left Front Element Burner Size(Small 6 UL Listed Yes Left Front Element Burner Size La e g -—._ -______. ___._______.. __-,__..___. .._..__._ ._.___ _.. __ .___.. � ).__._ ..____._. ____ _. ..__..__ __. RoHS Yes Left Rear Element Burner Size 6" ---- --.____ _.._.. ..__. ______.__ _.___.. . ._. _... ..._ _n____. Right Front Element Burner 3000 Watts Right Rear Element Burner _ 1.200 Watts Left Front Element Burner Small _____ 1.400 Watts Left Front Eleement Burner(Large 3000 Watts W "„ Left Rear Element Burner 1200 Watts Center Rear Element Burner 100 Watts Keep Warm Burner Locat on Center Rear Display Control Location Rear Display me face Color White For planning purposes only..We reserve the right to change specifications or discontinue models without notice. Refer to Product Elect.rolux Major Appliauces� DriveUSA-10200 David Taylor 661 i t i i •.4 OWNi i a i i i i Installation Diagram TypicalFront .! installation, Side view view xa 30' Minimum Minimum Minimum to v.GriM Maximum depth M. on either side of above range + either-side for cabinets height •i T n AIM i • 30 30"Minimum 07 cilearance below cooking top and at rear of range ♦ t ! • w t •• • •• :• • ` a— • • • a r • • • •` a • a � a a� For planning purposes only. We reserve the right to change specifications or discontinue models without notice. Refer to Product Installation Guide for detailed installation instructions on the web at frigidaire.com/frigidaire.ca Electrolux Major Appliances,N.A. USA.•10200 David Taylor Drive-Charlotte,NC 28262 Charlotte,NC 28262•1-877-4electrolux(1-877-435-3287)•frigidaire.cotn CANADA•5855 Terry Fox Way•Mississauga,ON C5V 3E4-1-800-265-8352 J frigidaire.ca F I G IDA I E 1.8 Cu.Ft.Over-The-Range Microwave Over-The-Range Microwave Available Products:FMOW1852AS Available Colors:Stainless Steel Version:09123 Product i ' 1 Cooking Controls Microwave Cooking Defrost Time Yes Auto_Cook Yes _.__ _ _.------------- ___.---------_._--- Yes_ __.__ .,-..,_. Beverage., Yes Number of Power Levels 10 Melt/Soften Yes Popcorn __.. Yes Potato------- Ventilation System Yes Ductless Vent Yes Reheat Yes Ducted Vent Yes Sensor Cooking T _._..._ Yes Exhaust Fan Speeds 2 Veggies Yes Minimum Ait Flow Caliacuy 105 CFM Maxi,,,,Air ri.,..,ram.,, ;� inn CFM !"....r,.,,le Charcoal Filter Included No Control Lock Yes Grease Filter Included Yes Grease lifter Quantity _ HI _ __ 2 Additional Settings Grease Filter Dishwasher Safe Yes ___ _ _ Child Lock Yes Removable Grease Filter Yes Clock Display On t OfE Yes Clock Settings Yes Microwave Control Features Demo On t Off Yes +10 Seconds Yes Setting Turntable On t Off No 0 Sec Se t L onds Yes tting Weighb/Kg __..____._ Yes+3 Quick Start _ _ ...____ __.__._Yes Surface Cooking Timer On!Off_ _ Yes Display Vent Fan Yes _Right__ _._. . Display Light Golorw White W Exterior Display TyPe___._.__ .. __.___ .___.____--_ ___._ _ Capacitive Touch - Door Swing __----_-._ _-__._._.-_______.__ _..__. .._._Side Swing Dooi .....___-_. Zero Clearance Door Opening u Yes Internal Specifications Interior Color __. .____,... __V White Surface Light System IntenorLigh[Qnantity ---__ 1_.. LighhngTyPe LED interior Ligh[Type LED Number of Lights _ 1 Infector Light Wattage 1.2 Watts Number of Light Settings - 2 Turntable Diameter 1.2 d/10 Turntable Material Glass Electrical Specifications A>�s�a 120 Volts _� 13 5 Amps Dimensions and Volume Connected Load @ 120V 1.55 kW 120 V Width 29 7/8" Watts @ 120 Volts 1000 Watts Depth 15 3/4 General Specifications Microwave interior Height 10 9/16 Pro 65 Label Yes___ __p._ __ Microwave Interior Width 21 3/32" - - - - '- __ __._.. ._ _ __..,_..__._. Warranty-Labor ]Year Microwave Interior Dth - - la 9116' Warranty Parts 1 Year Microwave Capacity 1 8 Cu Ft For planning purposes Refer to Product Installation Guide far detailed installation instructions on the web at frigidaire,com/frigidaire.ca Electrolux Major Appliances,N.A. J0200 David 1 663 1.8 Cu.Ft.Over-The-Range Microwave Over-The-Range Microwave Available Products:FMOW1852AS Available Colors:Stainless Steel Version:09123 Installation Power Supply Connection Location Top Center Safety Certifications and Approvals UL Listed Yes cUL Listed Yes specificationsFor planning purposes only. We reserve the right to change Refer to Product Tnstallation Guide for . ■. Electrolux Major Appliances,N.A. 664 20.0 Cu.Ft.Top Freezer Refrigerator Top Freezer Refrigerator ti. Available Products:FFHT2045VB,FFHT2045VD,FFHT2045VS, FFHT2045V W Available Colors:Black,Black Stainless Steel,Stainless Steel,White Version:01124 Product Specifications Refrigerator Freezer Air Filter Ready Yes Automatic Defrost Yes Crisper Color Clear Baskets 1 Bins Color Clear _. _ _.._ ._.._ _ - ,_ _-----_ �_----- .__ _ _._.__ __.. --_--_ ._.____-------___-------- Glass lloor Bin Color Clear Number of Fixed lloor Bins 2 Humidtt Controls Automattc Number of Adjustable Shelves^ — 1 _._..__....__._ _.. .._.. ..._-.-- Intenor Ltghnng LED Shelf Material Glass Controls Number of Fixed 2 Liter Door Bins 1 _ Digital Display No Number of Fixed Gallon Door Bins 2 Number of Adiustable Shelves 2 n• ----------I IT-1..� -------._... ..._..._.___...__..-.... _._._--._ __._____-__.- _.___._ _..____.__ Lune n91Vi1D and v V1LLi11C Number of Crispers 2 __...- Height With Hine 66 318' .__ . . g _ ._..___ ___-.----__ Ice Maker width 30" _ __.__ Ice Maker No Width of Cabinet 30" lce Maker Ready � Yes ___ _ De th of Cabinet 28 lJ4 Depth With Door 32" Exterior Depth with Door 90 Open_ _ _ 58 5!8 Door Swing Reversible Depth With Door and Handle Electrical Specifications Fresh Food Capacity 14.6 Cu.Ft. Minimum Circuit Required 15 Amps mm� Total Caacit — 20 Cu Ft Certifications and Approvals General Specifications ADA Compliant Yes Annual Energy._ ._ _ __.. __. _ 385 kWh _.M.. Refrigerant Type__ _ R-600A Safety Certifications and Approvals warranty-tabor_ _ i Year M __ UL Listed Yes Warranty-Partsmpl Year Performance Certifications and Approvals ENERGY STAR Certified Yes Appliances,For planning purposes only. We reserve the right to change specifications or discontinue models without notice. Refer to Product Installation Guide for detailed installation instructions on the web at frigidaire.com/frigidaire.ca Electrolux Major 1/David TaylorDrive CANADA 665 i i Cu.Ft.Top Freezer Refrigerator •• Freezer Refrigerator AvailableProducts: 04 i4 ! Available Colors:Black,Black FFHT2045VS,FFHT2045VW Version:01/24 Installation Diagram Recessed water line .« outlet clearance rear for proper air circulation ♦ - clearanceA 65 electrical connections 63, at skides and top for ease of stallation i E 32" When Installing directly adlocent to handle clearance required handle may make contact with wait • allow fori openi InstallingWhen ! w adjacent cabinet or other appliance that xtends beyond front edge ofunit, { clearance- •. •' door swing,Pwing, rovidtng e 'access cc Mp' (Ab NLY o. • edcrisper access with restricted removol) For planning proposes only. We reserve the right to change specifications or discontinue models without notice. Refer to Product Installation Guide for detailed installation insnvctions on the web at frigidaire_com 1 frigidaire.ca Electrolux Major Appliances,N.A. USR•10200 David Taylor Drive•Charlotte,NC 28262'•Charlotte,NG 28262•I-877-4elecu•olux(1-877-435-32$7}•frigidaire.com CANADA•SSSS Terry Fox Way•Mississauga,ON LSV 3E4.1-800-2G5-8352•Frigidaire.ca •66 GUD24ESSM/24GSSM CEO Unitized Spacemaker'2.3 DOE Cu. Ft. Stainless Steel Washer and 4.4 Cu. Ft. Dryer DIMENSIONS AND INSTALLATION INFORMATION(IN INCHES) ELECTRICAL REQUIREMENTS: GUD24ESSM Electric Dryer—This appliance should be connected to an individual,property-grounded branch circuit with 120/240V single-phase 60 Ilz electrical Installation Instructions service and should be protected by 30-amp time-delay fuses or circuit breakers.This appliance is manufactured 24" NOMINAL PRODUCT DIMENSIONS with neutral connected to the frame.Power cord should be purchased separately. *24-5/8"' NOTE:These appliances are not approved for 120-volt A operation. 43" GAS REQUIREMENTS: 18 Gas inlet GUD24GSSM Gas Dryer—This appliance should be (Rear view of appliance) connected to an individual branch circuit with a three- prong grounding-type receptacle and 120-volt single- 0_1 o 0 . 01 Water Inlets /4" phase 60 Hz electrical service and should be protected — (rear) by 15-or 20-amp time-delay fuses or circuit breakers. 74-7/8" vent 8-s/r This appliance is equipped with a 6-rool,long flexible U.L.listed 20-amp power cord to match a 15-arup receptacle. 51-3/8" GAS RATED input 10,500 BTU/Hl1.Factory equipped for natural gas.Tested for LP gas. 37-1/4" 33 7/8" Dryers must be exhausted to the outside. Drain outlet 32-3/4" INSTALLATION INFORMATION:For complete (rear) 4-1/4" information,see installation instructions packed with the product. 23-3/4" --27-3/8"— - Dimension represents door closed including handle and knobs. NOTE.With feet set at mid position,feet can be adjusted+/-31K Listed bV Us L For answers to your Mnuagram,GE Cafe Series,GE Profile"Series or GE VCES GE ApPliancesponluct questions,visit our website at acapplatne—com or call GE Answer Center"Service,800.626.2000. Sp—ifi—tio.R-id 11/17 667 Package 1t H149WE - Whirlpool Appliance Laundry Package - Top Load Washer with Electric Dryer - White WASHER DRYER FOR DUPLEX UNITS 668 o caesarstone- Caesarstone Quartz Surfaces Technical Data 20mm iPROPERTY TEST STANDARD 1/Vafer Absorptrori ASTM G97 _c0.05% EN-14617-1 ASTM C97 Density >_2.1 gr/cm3 EN 14617-1 Flexural Sirength,;� 'ASTM C880/G$80M-15 !>35 MPa - EN 14617-2• >40 MPa Dimensional Stability ; EN 14617 12 1 Class A - - -- - - -� -- - - Impact Resistance EN 14617-9 T >4.9 L(J) Dompressive Strongth ASTM C170 I Dry: 219-299 MPa;Wet:203-274 MPa EN 14617-15 1 157-243 MPa Abrasion ' AS C1243-93 t Volume of chord:Uc130 mm3 K EN.14617-4. ;Chord length;:c25 mm f i t: I Freeze-xhaw Resistance , ASTM C1026 No obvious damage after 20 freeze-thaw cycles f Stain Resistance; ANSI Z 124.6 ,,Pass ` ANSI�Z 124.6 ;Pass - -�- -���---�-�- ChemicatResrsxance " � EN 14617-10 Class C4 ,Linear Thermal expansion {ASTM 372 c52 x�10 per°C I �EN 14617-11- � 1 Thermal Conductivity EN 12664 c1 W/(m-K) _._._ ..r l �Ttermal Shock :EN 14617=6 No visual defects.after 20 cycles Boiling Water Resistance`` :€:ANSI NEMA LD3-3.5 j No effect High Temperature Resistance ANSI NEMA LD3-3.6 No effect --- - - --- Surfaceurnmg ASTM E84 Class A-FSI: 0 25;SDI 0-450 - Ignitability Index(0-20):6-8. J Spread of Flame Index(0-10):0-3 Fire Perfafrrrance AS 1530.3:1999 Heat.Developed Index(0-10):2-3 Smoke Developed Index(0-1 0):6-7 I Fire Classification EN 13501-1 Wall cladding: &s1-d0 Flooring and stairs: B-fi-s1 August 2021 669 BuckleyTM OHLER, Undermount double equal kitchen sink K-28900 Features • 36" (914 mm) minimum base cabinet width. • Double-equal bowls. • 9" (229 mm)depth provides generous workspace. Rounded corners are easy to clean. • SilentShield@ sound-absorption technology offers quieter performance. • Rear drains increase workspace in the sink and storage space underneath. • No faucet holes; requires wall-or counter-mount faucet. • Box includes: Sink, installation hardware. • Optional K-28903 silicone bowl mat(sold separately). Material Codes/Standards • Premium 18-gauge stainless steel. ASIVIE Al 12.19.3/CSA B45.4 KOHLER stainless steel sinks resist corrosion and tarnishing. Installation KOHLER@ Stainless Steel Sinks Undermount. Lifetime Limited Warranty See website for detailed warranty information. Recommended Products/Accessories K-28903 Silicone sink mat K-8801 Sink drain and strainer with tailpiece K-23729 Stainless steel cleaner K-8799 Sink drain and strainer basket K-23726 Drain treatment Optional Prod u cts/Accessori es K-28905 Bamboo cutting board K-28906 K-1 1352 Disposal Flange with Stopper Included Components Additional Components: Installation hardware 1-800-4KOHLER (1-800-456-4537) THE BOLD LOOK Kohler Co. reserves the right to make revisions without notice to product specifications. OFKOHLER,,, For the most current Specification Sheet, go to www.kohler.com. 5-20-2022 10:31 -US/CA 670 BuckleyTM Kt�HLER, Undermount double-equal kitchen sink K-28900 6-3/8" (162 mm) 8-5/1611 —(211 mm)--� —1 5-5/8" (397 mm)_ - - —32-3/16" (818 mm) 8-3/8" (467 mm)---- 9-5/16" 14-11/16" I (237 mm) (373 1 mm) 1-1/2" OD Technical Information Notes All product dimensions are nominal. Install this product according to the installation Bowl configuration: Double equal instructions. Installation: Undermount Min. base cabinet 36" (914 mm) width: Bowl area(Left): Length: 14-3/8" (365 mm) Width: 16-1/8" (410 mm) Bowl depth: 9" (229 mm) Water depth: 9" (229 mm) Bowl area(Right): Length: 14-3/8" (365 mm) Width: 16-1/8" (410 mm) Bowl depth: 9" (229 mm) Water depth: 9" (229 mm) Drain hole: 3-5/8" (92 mm) Template: Undermount, 1476436-7, required, included 1-800-4KOHLER (1-800-456-4537) THE BOLD LOOK Kohler Co. reserves the right to make revisions without notice to product specifications. OF&%nor'#%j For the most current Specification Sheet, go to www.kohler.com. HLER,,, 5-20-2022 10:31 - US/CA 671 MOEN S p e c f i c a t i o n s Buy it for looks. Buy it for Life® DESCRIPTION • Metal construction with chrome plated finish • Flexible supply lines with 3/8"compression fittings • Includes metal pop-up waste assembly • Includes optional 3 hole deck plate(escutcheon) OPERATION • Lever style handle • Temperature controlled by 100'arc of handle travel FLOW .00 • Water usage is limited to these maximum flow rates as indicated by the corresponding product markings 01.2 gpm max(4.5L/min)at 60 psi CARTRIDGE TM • 1255-DuralaStTl cartridge GENTA • Non metallic/nonferrous and stainless steel material One-Handle Lavatory Faucet STANDARDS Model:WS84760 • Third party certified to:WaterSense®,ASME Al 12.18.1/CSA B1 25.1 and all applicable requirements referenced therein (includes deck plate) • Certified to NSF 61/9&372 • Products marked with 1.2 gpm are compliant with California water efficiency regulations NOTE:This faucet is designed to be • Complies with California Proposition 65 and with the Federal Safe installed thru 3-1"dia.holes,2"on center Drinking Water Act • ADA 0 for lever handle WARRANTY • Lifetime limited warranty against leaks,drips and finish defects to the original consumer purchaser • 5 year warranty if used in commercial installations E P A c0ifid by JAPMO R&T 8-15/32" 7-13/32"(215mm) 1188mml 5-5/32" ol-9/16" (131mm) (40mm) 1 (14; M1116" 3M) 5-7/8" 2-1/4" (149mm) oagma (57mm) 4-9/16" (1 16mm) 29-5/8" X (753mm) CRITICAL DIMENSIONS (00 NOT SCALE) FOR MORE INFORMATION CALL: 1-800-BUY-MOEN 3/16 www.moen.com 9 672 KOHLER, Caxton® Rectangle Under mount Bathroom Sink K-20000 Features • Rectangular basin. ' Overflow drain. ' No faucet holes; requires wall-or counter-mount faucet. Material = • Vitreous china. Installation • Under-mount Included Components Product consists of: 1193643 Basin clamps ADA CSA 8651 Codes/Standards ASME Al 12.19.2/CSA B45.1 ADA ICC/ANSI Al17.1 CSA B651 KOHLER@ One-Year Limited Warranty ccvc ic warranty v� i�aation vLJ IL UL I U uvi 1. Available Colors/Finishes Color tiles intended for reference only. Color Code Description 0 White 96 Biscuit 47 Almond NY Dune 95 IceTM Grey G9 Sandbar 33 Mexican Sand TM K4 Cashmere ■ 58 Thunderlm Grey 7 Black Blacklm 1-800-4KOHLER (1-800-456-4537) THE BOLD LOCK Kohler Co. reserves the right to make revisions without notice to product specifications. QF KOHLER For the most current Specification Sheet, go to www.kohler.com. 1 2-7-201 9 09:11 - US/CA/MX 673 W00"AHLER, Caxton® Rectangle Under mount Bathroom Sink K-20000 (1 24" (610 mm) 102 mm) r 7-13116" (198 m) 15-11 J16" _ (398 mm) 34°(864 mm )T 27" (203mm) 1-5/16" (686 mm)� Min; (33 mm) Min 11" 10-1 l8" 1279;mm (257 mm)--� { ) 9" (229 mm) Min 9/16" Recommended ADA Installation �- 20-1/4" (514 j(14 mm) T1 -7 Ti :7 -5/16" 12-15/: (18I6 mm) 13-5/8° ( t (346 mm) 329 mm} /1-1/4" OD 1310-1 VVIV 4" (102 mm) Technical Information Notes All product dimensions are nominal. Install this product according to the installation Installation: Under-mount instructions. Bowl area: Length: 17-5/8" (448 mm) Countertop manufacturer or cutter must use the Width: 13-1/8" (334 mm) cut-out template provided with the product, or a Bowl depth: 5-5/16" (135 mm) current one provided by Kohler Co. (call Water depth: 3-5/8" (93 mm) 1-800-43-FOCUS).Kohler Co.is not responsible Drain hole: 1-3/4" (44 mm) for cut-out errors when the incorrect cut-out template is used. Template: Under-mount, 1281904-7, required, not ADA, CSA B651 compliant when installed to the included specific requirements of these regulations. 1-800-4KOHLER (1-800-456-4537) THE BOLD LOOK Kohler Co. reserves the right to make revisions without notice to product specifications. OF KOHLER,, For the most current Specification Sheet, go to www.kohler.com. 12-7-2019 09:11 -US/CA/MX 674 ' 102.1 OB co an CT K ART �� ��� ~ «�> ������xx ���u- u_ . Exterior Latex Satin S��E���N��y �_�u��U�� ����� ���u�� A8B—SeriesCHARACTERISTICS COMPLIANCE ` WILLIAMS. NS Aa�o���n��com@/,swmh: SuperPaint Exterior Latex,with resistance to OTC Yee, SuperPaint Exterior Latex can be self-priming early dirt pick upprovides outstanding OTC PhoaaU Yes when used directly over existing performance on properly prepared o|uminum S.C.&.O.K8.�. Yee ~r`^ll~~'~~^`~'~~~~~^'`~^''cts |~~~~~p '~ ike a coat of and � wood hardboard, masonry, CARB ` Yes lessm��anu'me second an The first �cv��provides the final cement, brick, block, stucco, and metal down CAQB SCM 2007 Yes appearance and performance. Please note that to a surface and air temperature of 350F. CuRB SCD82020 y*o some specific surfaces require specialized Formulated with Advance Resin Technology �Canada yea treatment. for outstanding adhesion and hide and Offers LEED'D v4&v4.1 Emissions N/A Aluminum&Aluminum 0mng/ improved early moisture resistance (1-2 LEEDOv4&v4.1 V.O.C. Yes Galvanized Steel': ' hours). EPD-0SF6 Certified Yes u coats SuporPaim Exterior Latex ~ DU|R-Manufacturer|nventory Yes V���/�s pain�co|umo||mw the freedomxUp|O No Concrete Block,nmV.Split face Block: Uu choose from 1OO color options, including a 1nqoULoxonAo�Uu�mukSudacar Umi0adse|��pnofdo�erco|nmfonmu|�edho 2 c*aiwsupeo=a|m Exterior Latex resist warping or buckling when applied to a APPLICATION sound,stable vinyl substrate. Brick,Stucco,Cement,Concrete: When the air temperature ioat35^F (1.r`C). 1 coat umun Concrete u Masonry Pnmer3 Color: Most Colors substrates may be colder; prior to poin8ng, or check mbe sure the air,surface,and material umunommmvn,r' Coverage: 350-400oq.ft.per gallon »amP*nmure are above 35~F (17^C) and at 2 coats svpe,pa|nt Exterior Latex @4 mils wet, 1.4 mils dry least 5~ above the dew point. Avoid using if min or snow is expected within 2-3 hours. Cement Composition Siding/Panels: Drying Time, Y6RH: Dn not apply at air or surface temperatures 1 coat Loxvn Concrete m Masonry Primer' �"�+ below 55`F (1J^C) or when air ur. surface or � -'---Touch ='- �- F @�uHoum �mp*mmms may drop below 35^F (1T^C) Loxoncvnumvner2 within 4Oh mSuperPa|msx�nurLa�x �eoua�� c448hnus 4Hwum w ou�� zcna Drying and recmat times are temperature,humidity,and Plywood: mmm/cknaauepenoem. No edu� �ipnneed�d 1 coat Exterior Latex Primer Finish: 10-20units @O0. Brush: 2 coats avpr,Puim Exterior Latex Use an�on-pu|yeooarbmoh. *Vinyl Siding: TintinQvvith���on|y� �coumGvpc,paimsmono,Luum �meo� u�.p*, Strength Roller: gallon Use a high quality 30-3/4 inch nap synthetic Wood(Cedar, Extra White O-O Shm*Coior roller cover. 1 coat Exterior Oil-Based Wood Primer Deep Base 4-12 GharCn|or z coats supu,Paint Exterior Latex Ultradeep Base 10-12 ShonCu|or For specific brushes and m||es, please refer"LightYe||mm 2-12 SherCo|or to our Brush and Roller Guide on Sherwin- 'On/m mee:oenesof metal siding,mm s/�surface,and material temperatures m snmuesu'p(Io^o)v,mooe� wiUiame�onm ,Not for use at temperatures under no~r(m�). See opeunv nnmw, /amu for that product's application Extra White AVgW03151 Sproy-Aideea: conditions. (may vary bycolor) Pressure 2000p.s.i "Not for use at temperatures under^u^p(*��).See V.O.C.(|ess exempt so|vents): Tip .015-.018inoh specific primer label for that product's application Less than eo grams per litre;o:zmu.per gallonconditions. As per4o oFn 59.406 ^Knots and some woods,such acedar, Volume Solids: 86±2APPLICATION TIPS cmm�namooamuu��fannm.��i���������� '� Weight Solids: 46±2% For best results on these woods,use a coat mExterior o/�aasauv�oupnmo, VVu�h per 983|�o � - � ��he uuns product � � agitated Flash Point: N.A. ~~^' Vehicle 100%/��Uo �euhonk�U ormeouaU�be�muse. omo Shelf Life: 30mu�haunnpened latex---------used---- - ` -' VVVp—Perms(US) 1S.00gmin--`hr#,inHg) ThomuQhlv,follow the recommended surface or above 100'p See specific primer preparations. Most coating failures are due 0n label for that product's application limitations. Mildew Resistant inadequate surface preparation»rapplication. When repainting involves a drastic color change, This coating contains agents which inhibit the Thorough surface preparation will help provide a m»m of primerimprove~ improvevu the hiding growth uf mildew on the surface uf this coating long term protection. performance topcoat color. Dkn. � | 2/2024 vwwwahomvn+wnmme.com continued vnback 675 SuperftiW Exterior Latex Satin SURFACE PREPARATION SURFACE PREPARATION CAUTIONS WARNING! If you scrape, sand or remove old Mildew: For exterior use only. paint, you may release lead dust. LEAD IS Prior to attempting to remove mildew,it is always Protect from freezing. TOXIC. EXPOSURE TO LEAD DUST CAN recommended to test any cleaner on a small, Non-Photochemically reactive. CAUSE SERIOUS ILLNESS, SUCH AS BRAIN inconspicuous area prior to use. Bleach and Not for use on floors DAMAGE, ESPECIALLY IN CHILDREN. bleaching type cleaners may damage or discolor PREGNANT WOMEN SHOULD ALSO AVOID existing paint films. Bleach alternative cleaning EXPOSURE.Wear a NIOSH-approved respirator solutions may be advised. Before using, carefully read CAUTIONS on to control lead exposure.Clean up carefully with Mildew may be removed before painting by a HEPA vacuum and a wet mop.Before you start, washing with a solution of I part liquid bleach and label- find out howto protect yourself and your family by 3 parts clean water.Apply the solution and scrub contacting the National Lead Information Hotline the mildewed area.Allow the solution to remain CRYSTALLINE SILICA,ZINC:Use only with adequate at 1-800-424-LEAD or log on to on the surface for 10 minutes. Rinse thoroughly ventilation.To avoid overexposure,open windows and www.epa.gov/lead. with clean water and allow the surface to dry doors or use other means to ensure fresh air entry during before painting. Wear protective eyewear, application and drying.If you experience eye watering, Remove all surface contamination by washing waterproof gloves, and protective clothing. headaches, or dizziness, increase fresh air, or wear respiratory protection (NIOSH approved) or leave the with an appropriate cleaner,rinse thoroughly and Quickly wash off any of the mixture that comes in area. Adequate ventilation required when sanding or allow to dry. Existing peeled or checked paint contact with your skin. Do not add detergents or abrading the dried film.If adequate ventilation cannot be should be scraped and sanded to a sound ammonia to the bleach-water solution. provided wear an approved particulate respirator surface. Glossy surfaces should be sanded dull. (NIOSH approved). Follow respirator manufacturers Stains from water, smoke, ink, pencil, grease, Previously Painted Surfaces: directions for respirator use.Avoid contact with eyes and etc.should be sealed with the appropriate primer- If in sound condition, clean the surface of all skin. Wash hands after using. Keep container closed sealer. Recognize that any surface preparation foreign material. Smooth, hard, or glossy when not in use. Do not transfer contents to other short of total removal of the old coating may coatings and surfaces should be dulled by containers for storage. FIRST AID: In case of eye compromise the service length of the system. abrading the surface.Apply a test area,allowing contact, flush thoroughly with large amounts of water. paint to dry one week before testing adhesion. If Get medical attention if irritation persists.If swallowed, Aluminum and Galvanized Steel: adhesion is poor, additional abrasion of the call Poison Control Center,hospital emergency room,or Wash to remove any oil,grease,or other surface surface and/or removal of the previous coating physician immediately. DELAYED EFFECTS FROM contamination. All corrosion must be removed may be necessary. Retest surface for adhesion. LONG TERM OVEREXPOSURE.Abrading or sanding of the dry film may release crystalline silica which has with sandpaper, wire brush, or other abrading If paint is peeling or badly weathered, clean been shown to cause lung damage and cancer under method. sufflacUe tO s0und asubs-tra-te and treat a.- aa rivevv long term exposure.WARNING:This product contains surface as above. Recognize that any surface chemicals known to the State of California to cause Cement Composition Siding-Panels: preparation short of total removal of the old cancer and birth defects or other reproductive harm.DO Remove all dirt,dust,grease,oil,loose particles, coating may compromise the service length of the NOT TAKE INTERNALLY. KEEP OUT OF THE laitance, foreign material, and peeling or system. REACH OF CHILDREN. defective coatings. Allow the surface to dry thoroughly. If the surface is new,test it for pH, if Steel: HOTW 02/27/2024 A89W03116 04 32 the pH is higher than 9, prime with Loxon Rust and mill scale must be removed using HOTW 02/27/2024 A89W03151 09 32 Concrete&Masonry Primer. sandpaper,wire brush,or other abrading method. HOTW 02/27/2024 A89WO3153 04 44 Bare steel must be primed with a corrosion HOTW 02/27/2024 A89T03154 04 42 Caulking: resistant primer such as All Surface Enamel HOTW 02/27/2024 A89YO3156 02 32 Gaps between windows, doors, trim, and other Primer the same day as cleaned. SP through-wall openings can be filled with the *Vinyl or other PVC Building Products: appropriate caulk after priming the surface. Clean the surface thoroughly by scrubbing with warm, soapy water. Rinse thoroughly, if needed CLEANUP INFORMATION Masonry,Concrete,Cement,Block: prime with appropriate white primer.Do not paint All new surfaces must be cured according to the vinyl with any color darker than the original color Clean spills, spatters, hands and tools supplier's recommendations—usually about 30 or having a Light Reflective Value(LRV) of less immediately after use with soap and warm clean days.Remove all form release and curing agents. than 56 unless VinylSafell Colors are used. If water.After cleaning,flush spray equipment with Rough surfaces can be filled to provide a smooth VinylSafe colors are not used the vinyl may warp. compliant cleanup solvent to prevent rusting of surface.If painting cannot wait 30 days,allow the Follow all painting guidelines of the vinyl the equipment. Follow manufacturer's safety surface to cure 7 days and prime the surface with manufacturer when painting. Only paint properly recommendations when using solvents. Loxon Concrete & Masonry Primer. Cracks, installed vinyl siding. Deviating from the voids,and other holes should be repaired with an manufacturer's painting guidelines may cause elastomeric patch or sealant.Concrete masonry the warranty to be voided. units (CMU) - Surface should be thoroughly clean and dry. Air, material, and surface Wood,Plywood,Composition Board: temperatures must be at least 50°F(11 O'C)before Clean the surface thoroughly then sand any filling.Use Loxon Acrylic Block Surfacer.The filler exposed wood to a fresh surface.Patch all holes and imperfections with a wood filler or putty and must be thoroughly dry before topcoating. sand smooth.All new and patched areas must be Stucco: primed. Knots and some woods, such as Remove any loose stucco, efflorescence, or redwood and cedar, contain a high amount of laitance. Allow new stucco to cure at least 30 tannin,a colored wood extract.If applied to these days before painting. If painting cannot wait 30 bare woods, it may show some staining. If staining persists,spot prime severe areas with 1 days, allow the surface to dry 7 days and prime with Loxon Concrete &Masonry Primer. Repair coat of Exterior Oil-Based Wood Primer prior to using. cracks, voids, and other holes with an elastomeric patch or sealant. The information and recommendations setforth in this Product Data Sheet are based upon tests conducted by oron behalf of The Sherwin-Williams Company.Such information and recommendations set forth herein are subject to change and pertain to the product offered at the time of publication.Consult your Sherwin-Williams representative or visit www.paintdocs.com to obtain the most current version of the PDS and/or an SDS 676 101.90 �� �� � ���8� ��^ VAC. u �k�m�m��� ��"�*» �.�.��� �~�*.��~ Interior U f ��V � S��E��W���� ������� n u�� B30W)4651 Extra White, B30VVO4653 Deep Base WILLIAMS. CHARACTERISTICS COMPLIANCE SPECIFICATIONS As of 02/26/2024,Complies with: ProKxorm400 Zero V.O.C. Interior Latex OTC Yee Block: Hat in e durab|e, professional que|hY. OTC Phase U Yes 1 coat CnnFlex Block Filler* interior vinyl acrylic finish for use nn walls. G.C.A.Q.KO.D. Yee 2 coats PmMar40O Zero\(O.C.Interior Latex cai|inga, and trim of primed plaster: CARB Yes waUboand, wood, maoonry, and primed CARBGCKx200T Yes Drywall: metal. C#RB SCK82020 Yes I coat pmMa,00n Zero vD.c.Latex Primer Canada Yea 2 coats pmMar4OO Zero V.D.C.Interior Latex Color: Most Colors LEEDwv4&v4.1Emissions Yes rvmmmizemuuunuoomr- -- m*always use LEEDOv4&v4.1V.( .C. Yea �o�vn�: 1coa�LoxonConu��8�aann�Phmo� mem�mmenueup'oheuannmuc EPD-NSFO Certi fied Yee nooa�PmMar4OUZomV.O.C.Interior Latex D8|H-Manufacturer Yea Coverage: 350-400oq.ft. per gallon KOP|@ No Plaster: @ 4 mils wet 1 coat Luxon Concrete&Masonry Primer* 1.1 mils dry APPLICATION u coats pmMar4UO Zero v.O.C.Interior Latex Drying Time,@77"F'60% &H: Apply ot temperatures above 5V~F Wood: Touch: 1M»u/ No reduction needed� 1 coat pe U mium�� &WhudPh �ma Recoat 4Uous 2 coats PmMar4On Zero V.n.C.Interior Latex Drying u �umeeam�mnesx"� ovmmuy '"-' -- ' ' Brush: unummmio�ve dependent. ' Use an�on-po|yee�rbmah. primers hmersoumoin�ea than 5Og�moper Roller:Finish: O-5unito0y85~ |ibo—`V.O.C. Tinting with CCEonly: Use a301»3/4 inch nap synthetic cover. Other primers may be appropriate. Base: oz. per gallon: Strength: Extra White 0-6 QherColor For specific brushes and rollers, please When repainting involves o drastic color refer Deep Base 4-12 Ohap�o|ur chango, a coat of primer will improve the 8henwin+wiUiamocom� hiding performance of the topcoat color. Spray'Airless: Pressure 2000p.s.i Tip .017-.021inuh Extra White B8VVVV4$51 ' (may vary bycolor) APPLICATION TIPS V.O.C.(less exempt mo|ve^ua): Less than 5O grams per litre;O42|bo.per gallon Make sum product is completely agitated Aa per 4OCFR5S.4U0 (mechanically or manually)before use. Volume Solids: 27±2Y6 Weight Solids: 40±2Y6 Priming and application of two coats at the Weight per Gallon: 11.00|ba recommended film thickness can help where Flash Point: N.A. hiding of previous coating or application to nmwd�wa||inofe�oc Vehicle Type: Vinyl Acrylic Shelf Life: 30 months, unopened Using the same method of application and VVVP Perms(US):122.1gnoineXhrM2inHQ) batch W touch up with ao that originally used will help improve touch up. When original application was by spray, preconditioning of touch up paint by running it through the spray tip will help touch up appearance. 2/2024 ww*.oxemwo+wmumo.00m continued vnback 677 ProMar@ 400 Zero V.O.C. Interior ��Ac,f o, n���]��r �_��te�� Flat SURFACE PREPARATION SURFACE PREPARATION CAUTIONS WARNING! Ifyou mdw,m ol d Mildew: interior mw� � 'paint, you may release lead dust. LEAD IS Prior to attempting to remove mildew' b is Protect from TOXIC. EXPOSURE 0 LEAD DUST CAN always recommended to test any cleaner ono mop*hotochemica|lymactive. CAUSE SERIOUS ILLNESS, SUCH AS small,inconspicuous area prior&n use.Bleach BRAIN DAMAGE, ESPECIALLY IN and bleaching type cleaners may damage or Before using, carefully read CAUTIONS on CHILDREN. PREGNANT WOMEN SHOULD discolor existing paint films.Bleach alternative label. ALSO AVOID EXPOSURE. Wear aN|OSH' cleaning solutions may baadvised. approved respirator to nuntm|lead exposure. CRYSTALLINE SILICA Use only with Clean up carefully with aMEPA vacuum and o Mildew may be removedbefo painting by adequate ventilation. To avoid overexposure, wet mop. Before you start, find out how m washing with a solution of1 part liquid bleach open windows and doors or use other means protect yourself and your family b tacting and parts clean water.Apply the solution and (o ensure fresh air entry during application and the National Load Information Hotline at 1- scrub the mildewed area.Allow the solution Vo drying. If you experience *Ye wahahnQ. 80$424-LEAD or log on to remain un the surface for 1Ominutes. Rinse headaches,or dizziness,increase fresh air,or «mmwapa'Qmv/|eed' thoroughly with clean water and allow the wear respiratory protection(N|OSHapproved) surface tu dry before painting.Wear protective or leave the area. Adequate ventilation Remove all surface contamination by washing eyewoar. waterproof gloves, and protective required when sanding or abrading the dried with an appropriate cleaner, rinse thoroughly clothing. Quickly wash off any nf the mixture fi|m.|f adequate ventilation cannot beprovided and aUmm to dry. Existing peeled o,checked that comes in contact with your skin. Do not wear an approved particulate respirator point should be scraped and sanded to a add detergents or ammonia to the bleach- (N|OSH approved). Follow respirator sound surface. Glossy surfaces should he water solution. manufacturer's directions for eep|m0or use. sanded dull. Gtz|na from water, smoke, ink, Avoid contact with eyes and skin.Wash hands pencil,grease, etc.should besealed with the Plaster: after using.Keep container closed when not in appropriate phmepsaa(mc Recognize that any Bare plaster must he cured and hand. use. Do not transfer contents to other surface preparation short of total removal uf Temured, soft, porous, ur powdery plaster containers for storage. FIRST AID: |n case o[ the old coating may compromise the service should be treated with a solution of 1 pint eye ountact. flush thoroughly with |ongu length of the system. household vinegar 0o 1 gallon nf clean water. amounts of water. Get medical attention if Repeat until the oudaoa is hand. rinse with irritation persists. If swallowed, call Poison Caulking: clear water and allow(odry. Control Center, hospital emergency room, or Gaps between wa||o.coi|ing,onmvn moldings, physician immediately. 0EL&YED EFFECTS and other interior trim can be filled with the Wood: FROM LONG TERM OVEREXPOSURE. appropriate caulk after priming the surface. Sand any exposed wood tua fresh surface. Abrading or sanding n[ the dry film may Patch all holes and imperfections with awood m|eano n,yutuUino silica which has been Drywall: filler u,putty and sand smooth. shown to cause lung damage and nenc*, Fill cmde and holes with patching paste- under long oann exposure. WARNING: This spackle and sand smooth. Joint compounds product contains chemicals known 0o the State must ba cured and sanded smooth. Remove of California 0n cause cancer and birth defects all sanding dust. or other reproductive harm. DO NOT TAKE � INTERNALLY. KEEP OUT oF THE REACH Masonry,Concrete,Cement,Block: OF CHILDREN. All new surfaces must bocured according to the supplier's recommendations — usually HOTVV 02/26/2024 B30VVO4651 50 Vn about30 days. Remove all hmnn release and - FRC.SP curing agents.Rough surfaces can ha filled m provide a smooth surface. |f painting cannot CLEANUP INFORMATION wait 3O days,allow the surface to cure 7days and prime the surface with Loxon Concrete& Clean opi||n, npaUes, hands and tools Masonry Primer. immediately mMar use with soap and warm dean water. After cleaning, flush spray equipment with compliant cleanup solvent to prevent rusting of the equipment. Follow manufacturer's safety recommendations when using solvents. ' | | | | The information and recommendations setforthmthis Product Data Sheet are based upon tests conducted by oron behalf mThe Sherwin-Williams Company.Such information and recommendations set forth herein are subject to change and pertain to the productmffered at the time of publication.Consult youraherwin-Wlliams representative or visit www.nmnmmcs.mmm obtain the most current version of the poaand/or anooa. 678 UNION CO RRUGATING COMPAW 5V Panel Wood Substrate Master Details Solid Substrate / Steep & Low Slope The following details are commonly used over steep sloped and low sloped (less than 3:12)applications including those over solid substrates such as plywood or wood plank. 90-1/2"HWH WOOD SCREW WITH WASHER 5V PANEL SINGLE LAYER OF UNDERLAYMENT WOOD SUBSTRATE FAYETTEVILLE,NC SPENCER,NC ANDERSON,SC TIFTON,GA ORANGE,VA JANESVILLE,WI 888-685-7663 800-526-8156 800-544-5169 800-962-9131 800-762-6785 608-563-3226 OCALA FL VICKSBURG,MS TIPP CITY,OH OKLAHOMA CITY,OK SCRANTON,PA- MORRISON,TN 800-331-�584 888-661-0577 877-615-9812 866-373-5286 866-696-6455 931-668-4393 www.unionmetafroofing.com 679 Index ��� �� K UNION =� Panel CORRUGATING COMPANY -Wood Substrate~ Panel Information Detaff No. PanelApplicmbun ............. ................. ................... ............ ........... ....8/0 Panel Fastener Patterns.................................. — .................................820 Details Detail No. £ame.................................................. .....................................................t10 favowith Gutter...................................................................................../.2O Gable......... .......................................................... .........— ....— ... ...... 2.Y0 Gable....................... ....... ...................................................................... 220 Valley........................................................... ..................................... ... 3.20 Stepped Ridge&Hip.............. ..... —.... ..... ................ .............. ... ... wiY0 Flat Ridge&Hip..---------------------------. 420 Peak....................................................................................................... 5/0 SteppmdHighvmall.................................................. .................................6.10 FlatHighmm8....—..... ............. .................................................................6.11 ValleyWall..............................................................................................6.30 Sidewall w/Siding...................—... .... ....................................................7/1 3idovmallRogleL......................................................................... .... .......7./2 Gideuwa0 Surface Mounted Counter Flashing............... ................ ..........7/3 SlopeTransition.......................................................................................810 Gambna ............................. .......................................... — .....................830 (Continued... 680 Residential Electric Water Professional Classic t 1 Tankless Water Heaters The new degree of comfort" Professional Classic°tankless electric water - ' heaters offer continuous hot water ` ' " ` ' ' " `"'cations Performance Features Average GPM Usage by •On demand,consistent and continuous Application hot water -- Standard Hand Sink 0.5 GPM RTEX-04,RTEX-o6 •Compact and stylish with digital Washing_Machine 1 to 1.5 GPM temperature control in increments of 1° Water-Saver Shower Head 1.5 GPM ranging from 80°F to 140°F* Dishwasher 1 to 2 GPMMULTIPLE „ •Robust copper immersion heating '.5 GPM s . Applications elements with brass top increases Kitchen Sink 1 to 2 GPM durability and are threaded for easy Standard Shower Head 2.0 GPM replacement Bath Tub z 4 GPM •Simple Installation Whole-Home Up to 6 GPM 1#i •Digital temperature display Average Gallons Per Minute{GPM}based on 2010 { •External controls to adjust temperature Plumbing Standards in increments of 1° Warranty •5-Year heating chamber and 1-year parts limited warranty See Residential Warranty Certificate for complete information RTEX-08,RTEX-11, RTEX-18 RTEX-13 ;RTIX-04 and RTEX-06 only show output temperature and are non-thermostatically controlled TEMPERATURE RISE°F 0.5 1.0 1.5 2.0 2.5 1 3.0 1 4.0 5.0 6.0 MODELNUMBER GPM GPM GPM GPM GPM GPM GPM GPM GPM SINGLE a • r R7704 48° 24° 16° 12° - - - - - RTEX-06MULMIRLEAPPLICATIONS RTEX-08 + 55° 36° 27° 22° 18° 14° - - RTEX-11 + 75° 50° 38° 3W 25° 19° - - RTEX-24,RTEX-27 RTEX-36 RTEX-13 + 89° 59° 44° 36° 30° 22° - - RTEX-18 + + 82° 62° 49° 41° 31° 25° _ RTEX-24 + + 109° 82° 66° 551 41° 33° 27° E1G 1.o Tested and certified by the Water Quality Association RTEX-27 + + + 92° 74° 62° 46° 37° 31° ° °S ya against NSF/ANSI 372 for Mtertek lead free compliance. RTEX-36 + + + + 98° 82° 62° 49° 41° +Temperature electronically limited setting on adjustable thermostat on front cover +' 73 "r W ad, i RTEX-04,RTEX-06 RTEX-08,RTEX-11,RTEX-13 RTEX-18 RTEX-24,RTEX-27 RTEX-36 Unique Features: Unique Features: Unique Features: Unique Features: Unique Features: •External Digital Display-shows •External Adjustable Digital •External Digital Thermostatic •External Digital Thermostatic •External Digital Thermostatic outlet temperature Thermostatic Control with LED Control with LED display(+/-1 Control with LED display(+/-1 Control with LED display(+/-1 •Durable Copper Immersion display(+/-1 degree accuracy) degree accuracy) degree accuracy) degree accuracy) single heating element,field •Durable Copper Immersion two •Most advanced self-modulation, •Most advanced self-modulation, •Most advanced self-modulation, serviceable heating elements,field serviceable adjust power to meet hot water adjust power to meet hot water adjust power to meet hot water •Simple Installation-Bottom 1/2" •Simple Installation-Side 1/2" demand demand demand NPT water connections compression water connections •Durable Copper Immersion two •Durable Copper Immersion three +Durable Copper Immersion four with 1/2"NPT adapters included heating elements,field serviceable heating elements,field serviceable heating elements,field serviceable •Simple Installation-Bottom 3/4" +Simple Installation-Bottom 3/4" •Simple Installation-Bottom 3/4" NPT water connections NET water connections NPT water connections INTEGRATED HOME COMFORT PRINTED IN U.S.A.12t20 WE FORM NO.TKE-101 F 681 Residential Electric ° Water Professional Classic Tankless Water Heaters The new degree of comfort." Specifications DESCRIPTION FEATURES ROUGHING IN DIMENSIONS(SHOWN IN INCHES) RECOMMENDED MIN. MAX. SHIP BREAKER RECOMMENDED FLOW FLOW WATER WEIGHT MODEL NUMBER I AMPS SIZE VOLTAGE WIRE SIZE(CU) {GPM} (GPM) HEIGHT WIDTH DEPTH GONN. (LBS.) 120V I HEATING CHAMBER RTEX-04 3.5 29A (1 x30)A 120 10 AWG 0.3 1.5 1 5-7/8 10-7/8 2-3/4 112 NPT 4.5 240V*I HEATING CHAMBER RTEX-06 6.0 25A (1 x25),4 220 10 AWG 0.3 2.0 5-7/8 10-7/8 2-3/4 1/2 NET 4.5 RTEX-08" 7.3 33A (1x40)A 240 8AWG 0.3- 4.8 12-5/8 8-1/4 3-5/8 112CF 7 RTEX-11' 11.8 46A itx50)A 240 6AWG 0.3 4.8 12-5/8 8-1/4 3-5/8 1/2 OF 8.5 RTEX-13' 13.0 54A (1 x60)A 240 6AWG 0.3 4.8 12-5/8 8-1/4 3-5/8 1/2 CF 8.5 240V*2 HEATING CHAMBERS RTEX-18' 18.0 75A (2x40jA 240 8AWG 10.3 7.0 18-1/4 14-1/2 3-1/2 3/4 NPT 14.78 240V*3 HEATING CHAMBERS RTEX-24' 24.0 100A (3x40)A 240 8 AWG 0.3 7.0 18-1/4 17-5/8 3-1/2 3/4 NET �78 F RTEX-27" 27,0 113A (3x40)A 240 8AWG 0.3 7.0 18-i/4 17-5l8 3-1J2 3l4NPT 24OV'4 HEATING CHAMBERS RTEX-36' 36.0 150A (4x40)A 240 8 AWG 0.3 8.0 18-1/4 75/8 3-1J2 3/4 NPT 22.7 "240V units can be used on 208V single phase with 25 Y reduced temperature output.Please note per UL standards the rating plate and installation instructions will all be according to a 240V applied voltage.Check with local officials prior to derating the electrical infrastructure. Product Rated Pressure 25 PSI min.,150 PSI max. Suggested Specifications c, Listed,o , ,, ao, ��a Unit shall have copper clad immersion heating element(s)with brass "M® I"• """' '-""'"_"-"" "`""'""`" """""" "" terminations for increased durability.External temperature control (all models) Std.Temp.Settings 120'F(Adjustable 80'F-140'F) and display adjustable in 1°increments with a range of 80°-140°F, Temp.Accuracy +/-l'at steady now Display shall be capable of displaying setpoint temperature in Turn-On 0.3 GPM Celsius or Fahrenheit temperature scales.Unit shall utilize a flow meter with a 0.3 gpm activation point and manage power based on actual flow rate and inlet temperature,Values should be processed 60 times per second.Unit shall be WQA certified lead free,certified to UL499 and CSA C22.2 No.64. Optional Inline Flow Regulator;. SUggesf6d Sizing Guide •Enhanced outlet,temperature control BASEDFLOWGPM INSERT TO USE . •`Install on the outlet side of the heater •• -INLET WATER TEMPERATURE EL •' •`Limit maximum volume'to the specified flow PART N• ° Cate to Qns'ure'exiting temperature 1s Within an RTEX-04 N/A N/A NIA NIA NIA acceptable range RTEX-06 N/A N/A N/A N/A NIA •Flow I' ogulator§Jor 1/2"and 3/u NVT plumbing RTEX-08 RTE10001A 1.0 1.0 1.0 1.5 connections RTEX-11 RTE10001A 1.0 1.0 1.5 2.0 •,Flow range:.1 lo,,5 gallons per.minute RTEX-13 RTE10001A 1.0 1.0 1.5 2.0 RHEEM •�I I CONNECTION I ' NRTEX-18 RTE10001 B 2.0 2.0 2.0 3.0Tc PART NUMBER INSERTS SIZE RTEX-24 RTE10001 B. 2.0 2.0 3.0 4.0 RTE10001A I.0,1.5,2. 112"NPT - 0 -'. RTEX-27 RTE100018 2.0 3.0 4.0 5.0 RTE10001 B 2.0,3.0,4.0,5.O 314"NPT RTEX-36 RTE10001 B 3.0 4.0 5.0 5.0 In keeping with its policy or continuous progress and product improvement,Rheertl reserves the right to make changes without notice. Rheem.com 1 800.374.8806 Manufacturers National Service Department 400 Captain Neville Drive,Waterbury,CT 06705 INTEGRATED HOME COMFORT PRINTED IN U.S.A.12/20 WP FORM NO.TKE-101 F 682 < 0 Cj 3: x >— < > < z 04 CN 0 ,0 Lu U CS 0 LO 0 Lf-) LU 7 < T— uj ck� U z u u <LU 0 < < Z< �< Z 7= u 0 0 V) 0 'r LLJ << 00 n 0 Lij 0 C? CL Uj-j 0 0 Cl) UJ 0 -j 0 0-Cc LL�, ccl XR U'0 06 E u LU Z E u a) E 'x) 2- 5 0 00 C-C -00— Cl) Nt (D 0 cq 0-q 01> CL LLJ 7C) > p CL Q- < 10 v; -6 E -0 D C) fl�� C) -0 0 El El El 0 0 0 0 El El Z 0 7C) L-O Oil ) L-6 I'll I 1 0) 0 0 0), 0 V) .§ u C) C) 0 0 V) 0 Q� [L u U- (D 0 El 1:1 El El El 0 1:1 1:1 El u C) (D 0 0 0 c =) 9 C) CD C- 7C) X ku =:) 0 0 Q) 0 U 00 x > -0 , 9 0 60 2 -- 7C) .0 LD C) aU - - - Uj o E Z) C) a) 0 C) -0 V) S- C (D C) 00 c: E 0) U (D 'E c: - LO C: u r" :) 0 Z) 0 Ln u 0 -0 0 u LLJ E- 'F 0 — 0 E 2 0 to 0-c- C) z C� cvi 683 OFFICE Furniture & Equipment Design Basis 684 Bush Furniture Somerset 7 "W L Shaped Desk with Storage, Mucha Cherry (WC81810K) ,T_. i Pullout Keyboard/ Con='', f Laptop T'A^1 That _"."�� HPrdw2*e � StrazdrBnFstant CA.Mount to w re 6iaesgsment £ithev Side }µ Smooth Ball Slide ftetw4he �? tab;rnt paperwork Car*ai*%On8 k '20Y �pQfe[l t.QQ 4, Ccentb St�HO 685 HP 24" All-in-One Desktop Computer, Intel Core i5-1135G7, 16GB Memory, 512GB SSD (1 J7Q6AA#ABA) t lf-El aq w ,_-- < 3 0 686 HP Color LaserJet Pro NIFP 4301fdw Wireless All-In-One Printer, Scan. Copy, Fax, Mobile Print, Best for Small Teams 4RA82F 1 687 Staples Sorina Ergonomic Bonded Leather Swivel Executive Chair, Grey (53253)\ WON do 688 Bush Business Furniture Hybrid 48,"V1i Computer Table Desk with Metal Legs, White (HYD148WH) —VOr- r (f f .t� . i t t i { Y 689 Boss Leather Guest. Chair (B9539) I I 690 Bush Furniture Key West 20" x 20" End Table, Dark Gray Hickory (KWT120GH-03) Im qw 691 Commercial 2 File Drawers Lateral File Cabinet, Locking, Gray, Letter/Legal, 36"W (20298D) e - TO�` { w 692 EXHIBIT"D" COUNTY EMPLOYEE RENT RESTRICTIONS 693 RESOLUTION NO. 088 -2023 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("BOCC") ESTABLISHING T H E M E T H 0 D OF SELECTION OF LESSEES ; SETTING LEASE TERMS ; AND ESTABLISHING THE METHOD FOR SETTING THE RENTAL RATES FOR COUNTY OWNED EMPLOYEE H 0 U S I N G RESIDENTIAL UNITS. WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board", or "County") established an employee housing rental program by Resolution 155-2022; and WHEREAS, Resolution 155-2022 specifies that rental rates be established by resolution of the board but does not establish a method of setting those rents; and WHEREAS, the BOCC intends that all full time employees have an opportunity to lease units when they are available, subject to any affordable income limits, when applicable; and WHEREAS, the lack of availability of affordable rental housing opportunities for BOCC employees represent a threat to the County's ability to provide government services necessary to promote and protect the health, safety, and welfare of the residents of and visitors to the County and therefore, the County's provision of a rental housing program serves a public purpose; and WHEREAS, the BOCC wishes to establish procedures to be used by staff to select lessees which make efficient use of employee rental housing units; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe County, Florida,that: Section 1. Recitals and Legislative Intent, The foregoing recitals and statements of legislative intent are true and correct and are hereby incorporated as if fully set forth herein. Employee Rental Housing 694 ,fie n 2. Definitions. The following defined terms are used in subsequent sections: 1. Household Members means all residents of the unit. This may include spouses, domestic partners, roommates who choose to share a unit, dependent children & parents. Only one spouse or domestic partner is required to be an eligible County employee. 2. Household income is defined to be the sum of the basic income excluding overtime and incentive pay of all residents (spouses, domestic partners, roommates but, excluding dependents) (Income counted for the restricted units is as defined by MC LDC 139-1). 3. Domestic Partners are two adults who have chosen to share one another's lives in a committed family relationship of mutual caring. Two individuals are considered to be Domestic Partners if: a. they consider themselves to be members of each other's immediate family; b. they agree to be jointly responsible for each other's basic living expenses: c. neither of them is married or a member of another Domestic Partnership; d. they are not blood related in a way that would prevent them from being married to each other under the laws of Florida; e. each is at least of the legal age and competency required by Florida Law to enter into a marriage or other binding contract; f. they each sign of Declaration of Domestic Partnership as provided in for Section 14.03 of the Personal Policy and Procedures Manual; and g. they both reside at the same residence. Section 3• Eligibili All full time, career service employees of the Monroe County, FL Board of County Commissioners are eligible to apply for a County housing unit. Some units are restricted based on maximum household income; others are not restricted. This program will only be available to applicants or occupants who possess no ownership interest in a residential property in Monroe County or the contiguous counties of Miami-Dade and Collier counties. Sectionn4 Selection of Lessees. When a housing unit becomes available, the County will advertise its availability and the deadline for submitting an application. If a unit is restricted to occupants meeting the affordable income limits, applicants will be required to submit proof of income eligibility as part of the application. After the application deadline, successful applicants will be selected by lottery. If more than one unit is available, the first selected applicant will have their choice of units for which they are eligible,the next drawn applicant will have second choice, and so on until all units are assigned. 2 Employee Rental Housing 695 S&ct inn--5 Restrictions on Applications. 1. One bedroom units will be available to all qualified applicants. 2. Two bedroom units will be available to applicants who have at least two Household Members. 3. Three bedroom units will be restricted to qualified applicants with a minimum of three Household Members. 4. On income restricted units, applicant's household must meet the income restrictions. 5. Applications must include a letter from applicant's department head recommending applicant and letter must be approved by County Administrator or designee. 6. Request to allow pets must be included with application and are subject to approval by the County Administrator or his designee. Section 6. Restrictions on continuing occupanev and renewal applications. 1. One bedroom units will be available to all qualified applicants. 2. Two bedroom units will be available to applicants who have at least two Household Members. 3. Three bedroom units will be restricted to qualified applicants with a minimum of three Household Members. 4 Annfirnnt mast hnvp a rprnmmi-neintinn frnm 5innIi(-nnt'cz dPnnrtMi-nt II.-nd 5. On income restricted units, applicant's household must continue to meet the income restrictions. Section 7. Lease Terms. 1. Leases will be for one year. 2. Leased property must be a primary residence. 3. Security deposit is one month's rent. 4. Monthly utility bills are the Lessees' responsibility. 5. Leases may be renewed subject to the BOCC's rules of the program. 6. There is no limit on the number of renewals subject to the applicant remaining eligible for the unit. 7. Pets are subject to approval by the County Administrator or his designee. 8. Leases shall include an early termination provision in the event the qualified applicant leaves County employment. 3 Employee Rental Housing 696 Section8. Establishment of Rent. 1. For units established with affordable restriction(or otherwise restricted to affordable guidelines)the monthly rent will be the lesser of: • 22.5% of the Household Income, or • the maximum allowable rent for the type of unit under the HUD affordable housing guideline for Median Income in effect on the inception date of the unit lease. 2. For units that are not established with affordable restrictions)the monthly rent will be the lesser of: • 22.5%of the Household Income or • the maximum allowable rent for the type of unit under the HUD affordable housing guideline for Median Income in effect on the inception date of the unit lease. 3. Residents occupying an existing County unit continuously since 1 January 2023 will have their rent increased on their next anniversary date of their lease to the lesser of: • The midpoint between their current rent and either 22.5%of their Household Income, or • The midpoint between their current rent and the maximum allowable rent for the type of unit under the HUD affordable housing guideline for Median Income in effect on the inception date of the unit lease. 4. Residents occupying an existing County unit continuously since I January 2023 will have their rent increased on their 2nd anniversary date of their lease to the lesser of. • 22.5%of their Household Income, or • the maximum allowable rent for the type of unit under the HUD affordable housing guideline for Median Income in effect on the inception date of the unit lease. Section 9. Lease documents. The County Attorney or his designee shall prepare a standard lease instrument and any other document necessary to implement this program. Those documents may be updated at the time of each lease renewal. Section 10. Construction and Inte uretation. This Resolution, being necessary for the health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally construed to effectuate) the public purpose(s) hereof. Interpretation of this Resolution shall be construed in favor of the Monroe County Board of County Commissioners, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, civil actions, in bankruptcy, and on appeal. 4 Employee Rental Housing 697 Section 11. Non-Reliance by Non-Parties and No Third-Party Rights or Beneficiaries. Nothing contained herein shall create or be construed or interpreted to create any relationship,contractual or otherwise, with, or any rights in favor of, any third party.No person or entity shall be entitled to rely upon this Resolution or any provision hereof to enforce or attempt to enforce any claim or entitlement to or benefit of any service or program contemplated hereunder. Section 12. Section Headings. Section headings have been inserted into this Resolution as a matter of convenience of reference only, and shall not be used in the interpretation or construction of this Resolution or any part thereof. Section 13 No LiabilitX. Monroe County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,governmental,and other similar defense, immunity,exemption,or protection against any suit,cause-of-action, demand,or liability. ec ion 14. Severability. If any provision of this Resolution,or any part or portion thereof,is held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,shall neither limit or impair the operation, enforceability, or validity of any other provision of this Resolution,or any remaining part(s)or portion(s)thereof.All other provisions of this Resolution and remaining part(s)or portion(s)thereof, shall continue unimpaired in full force and effect. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said board on the 151h day of February 2023. Mayor Craig Cates Yes Mayor Pro Tern Holly Merrill Raschein Yes Commissioner Michelle Lincoln Yes Commissioner James K. Scholl Yes Commissioner David Rice Yes BOARD OF COUNTY COMMISSIONERS rw in Madok,Clerk OF MONROE.COUNTY,FLORIDA -AA rAl By _- M f}% As eputy CTdV ay i e on ter" may-. .. Approved for form and legal sufficiency �� �>.: ;. Digitally signed by Robert 8.Sh011nger W Robert B. Shillinger DNMontoeC untyAinger,o-Monroe County 80[4 ou-Monroe County Attorney,email-shtlltnger- ' '' ` 6ob@montoecounty-O,gw,c LIS - Dete:1023.0/.3013W754-0500' ' Robert B. Shillinger,Monroe County Attorney 5 Employee Rental Housing 698 EXHIBIT"E" !"i/"1"1► T["1►TTl T T!'V T T!"'1'14 T C"1 t'"'/T TT"�T1 T TT T, � � 699 Completion Date Description (to include Certificate of Occupancy where applicable) Three (3)buildings (Type A) consisting of twelve (12) units. 12/31/2024 Four(4)buildings(Type B) consisting of eight(8) units. 12/31/2025 Five(5)buildings consisting of two(2)Type B buildings;two(2) 12/31/2026 Type C units for a total of eight (8) units plus one (1) office cabana; "The site ancillaries (curb/sidewalk/parking, parking spaces, roads/streets and landscaping) must be complete for each building as the respective buildings are issued certificates of occupancy. 700 EXHIBIT"I"' -rKUk�hJJ U Kh rUK PAR 1 IA-LE Y COMPLETE RESIDENTIAL BUILDINGS 701 To evaluate percentage completion ufupartially complete building, first complete the following checklist for the building iuquestion. Estimate the percent complete b«adding op the constituent pods that are deemed complete to arrive at an overall percent complete. Then multiply that completion percentage by the vu|oc of single building ($717,455) to arrive at u value of the completed work for that building. The valuation of each component iu shown in the following tables: TIE BEAM CEMENT 0.23% TRUSSES 1.84Yo SHEATING 0.46% PORCH SLABS 0.44Yo STAIR CEMENT 0.44%, FACIA 0.53% SOFFIT 0.53% SIMPSON TIES 0.88% ADD STEEL 0.44% STUCCO 2.8OYo I STUCCO MATERIALS 1.40Yo WIN DOWS&DOORS 3.24% WIN DOWS&DOORS LABOR 0.63% TRIM LABOR EXTERIOR 0.09% PORCH/PORTICO MATERIALS 0.09%1 PORCH/PORTICO LABOR 0.09% PAINT EXTERIOR 1.75% PAINTIVIATERIALS 0.35% ROOF MATERIALS 2.02% UNDERGROUND PLUMBING 2.45% IPLUMBING LABOR ROUGH 2.45%1 IPLUMBING LABOR FINISH 1.05%1 PLUMBING FIXTURES 0.889/o HOTWATERTANK 0.42% HOT WATER TANK INSTALLATION 0.18% ON Mill iTIM-a I ELECTRICAL UNDERGROUND 12,000.00 2,OOC 0.35% ELECTRICAL ROUGH 134,000.00 34,000.00 5.96Yo ELECTRICAL FINISH 14,000,004,000.00 0.70% ELECTRICAL SPECIALITIES 11,000.00 1,000.00 0.18% ELECTRICAL LOW VOLT 12,000.00 2,000.00 0.35% ELECTRICAL RECESSED LIGHTS 11,200.00 1,2C 0.21% ELECTRICAL FIXTURES 12,400.00 2,400.00 0.42% HVACROUGH 3.51% HVAC FINISH 0.35% lHVAC EQUIPMENT 0.09%1 703 INTERIOR FRAME LABOR 2.63% INSULATION WALLS 0.77% INSULATION CEILINGS 1.05% DRYWALL MATERIALS 2.63% PAINT PRIMER WALLS 0.42% PAINT FINISH WALLS 1.05% PAINT INTERIOR TRIM 0.09% PAINT INTERIOR DOORS 0.09% TRIM MATERIALS 0.70% TRIM DOORS 0.849/o TRIM LABOR 0.84% CABINETS 1.75% TOPS 1.75%1 VANITIES 0.35% TOILET PAPER HOLDERS 0.07% TOWEL BARS 0.07% MIRRORS 0.07% SHOWER DOORS 0.70% CLOSETSHELVING 0.42% 1MISC MATERIALS 0.56% JADA SIGNS 0.04% r IYlT-zir-ri(z n nA01- 111-1 -1-1- --i CLEANING LABOR 0.14% SUB FLOOR MATERIALS 1.26% SUB FLOOR LABOR 1.26% ADA SIGNS 1400.00 400.00 0.07% MISC PADS&WALKS 1800.00 800.00 0.14% RAI LI NGS 124 60.00 7,440.00 1.30% GUTTERS 15 200.00 3,000.00 0.53% 0 0 FINALGRADE 0.21% MISC LABOR 0.21% TRASH HAULING 70.11% 7 TRASH DUMPING 0.11% ILANDSCAPE ALLOWANCES 0.44%1 I TEMPORARY ELECTRIC 0.09%1 PORTABLE TOILETS 0.08% LABOR ALLOWANCE 0.88% MATERIAL ALLOWANCE 0.88% PUNCH OUT LABOR 0.88% PUNCH OUT MATERIALS 0.88% FIRE SPRINKLER SYSTEM 4.38% INSURANCE 0.449/o 01111121111FA-10% El APPLIANCES 2.37% <=PERCENT COMPLETE 100.00% 704 EXHIBIT"G" riu w 11 r V i-vE U A 1 iuiN ur i rig, BUILDINGS WAS ESTABLISHED 705 1. The value of the total projects is $11,950,000. 2. The value of the site plus site work is $3,900,00. Basis for this valuation is: a. Southcliff, LLC's valuation was $3,900,000. b. Appraisal by AOKY estimated as is value as$3,840,000. c. We will use $3,900,000. 3. The value of the office building was set at Southcliff, LLC's estimated construction cost of$158,000. 4. The remaining value for 11 residential buildings is $11,950,000 minus ($3,900,000+$158,000) or $7,892,000. 5. The value of each unbuilt residential building is $7,892,000 divided by 11 or $717,455/building 6. The original estimates for each type of building were very close to each other +/- $10,000 so I have assumed that we can value each building (not dwelling unit) as equal. Each building (not dwelling unit) is approximately the same size (SF). 706 EXHIBIT"H" BID (PROPOSAL) BOND 707 BID (PROPOSAL) BOND KNOW ALL MEN BY THESE PRESENTS, that we (Here insert name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) NOW,THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Any action instituted by a claimant under this bond must be in accordance with the notice and time limitations provisions in Section 255.05(2), Florida Statutes. (Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) 708 EXHIBIT"I" RELATED DOCUMENTS 709 Placeholder for Insertion of the executed Purchase & Sale Agreement 710 EXHIBIT C: Workforce Deed Restriction f. 711 Doe 4 2390470 Bk#3193 Pg#141 Recorded 9/7/2022 at 12:14 PM Pages 25 Filed and Recorded in Official Records of MONROE COUNTY YCEVIN MADOK REC: $214.00 This instrument was prepared by: Francisco Pla 1527 Shaw Dr. Key Largo,FL 33037 MONROE COUNTY PLANNING DEPARTMENT EMPLOYEE HOUSING DEED RESTRICTION THIS DEED RESTRICTION SHALL BE INCORPORATED IN WHOLE AND REFERENCED BY BOOK AND PAGE NUMBER ON ALL.TRANSFERS OF THE BELOW DESCRIBED REAL PROPERTY. STATE OF FLORIDA COUNTY OF MONROE Notice is hereby given that: I. South Cliff Holdings LLC, is the sole owner of certain real property, situated, lying and being in Monroe County, State of Florida, described as follows: The Northwesterly 720 feet of the following described parcel of land: A portion of Tract 6, according to Plat of Southcliff Estates on Key Largo and recorded in Plat Book 2 at Page 45 of the Public Records of Monroe County, Florida, more particularly described as follows: From a P.R.M.at the intersection of the Southeasterly right of way line of State Road No.5 on the agreed boundary line between Southcliff Estates and K.L.Thompson Property,as shown on plat recorded in Plat Book 2.at Page 67, Public Records of Monroe County; Florida,run Southeasterly on said agreed line,a distance of 66 feet to the Southeasterly right of way line of Old State Road 4A;thence Southwesterly along said Southeasterly right of way line,a distance of 330 feet to the Point of Beginning of the parcel hereinafter described thence continue Southwesterly on last described course, a distance of 100 feet to the Northeasterly side of the subdivision of Sunrise Point,according to the revised plat, recorded in Plat Book 3,at Page 11, Public Records of Monroe County, Florida,thence along said Northeasterly side of Sunrise Point in a Southeasterly direction,a distance of 1065 feet more or less to the shore of the Atlantic Ocean;thence Northeasterly meandering said shore to a point of intersection with a line which is 100 feet Northeasterly from and parallel to the said Northeasterly side of Sunrise Point; thence Northwesterly along said line to the Point of Beginning. And Lot 1, Block 1 of REVISED PLAT OF SUNRISE POINT,according to the Plat thereof,as recorded in Plat Book 3,at Page 11,of the Public Records of Monroe County, Florida. And Lot 2, Block 1 of REVISED PLAT OF SUNRISE POINT,according to the Plat thereof,as recorded in Plat Book 3,at Page 11,of the Public Records of Monroe County, Florida. Parcel Numbers 00483370-000100,00484390-000000 &00484400-000000 EMPLOYEE HOUSING DEED RESTRICTION Page I of 13 RE No.:—00483370-000100, 00484390-000000 &00484400-000000 Rev. 12.21.2020 1*712 Doc.#2390470 Page Number: 2 of 25 II. As shown on Exhibit A— "Site Plan" and summarized on Exhibit B —"Chart" Building Permit numbers for the 11 residential Buildings Permit Numbers are: Building#1 21301888 Building#6 22300467 Building#2 21301889 Building#7 22300468 Building#3 21301890 Building#8 22300469 Building#4 22300465 Building#9 22300470 Building#5 22300466 Building#10 22309471 Building#1122300472 111. As Authorized by Resolution No.1 16-2021, Reservation of 28 Affordable ROGO Allocations (Exhibit C) and Resolution No. 171-2022 Extension of Reservation of 28 Affordable ROGO Allocations (Exhibit D) this restriction is for 14 Low Income Households and 14 Median income households as: a) 12 one bedroom apartments shall be restricted to Low income households b) 2 two bedroom apartments shall be restricted to Low Income households c) 10 two bedroom apartments shall be restricted to Median Income households d) 4 three bedroom apartments shall be restricted to Median Income households IV. As authorized by Resolution No. 265-2021 Waiver of Building Permit Fees (Exhibit E) and Resolution No.201-2022 Extension of Waiver of Building Permit Fees (Exhibit F). Building Permit Fees have been waived for the 28 unit, affordable / employee housing complex described herein. V. As authorized herein, under the owner-occupied/ developer moderate income affordable/employee housing provisions set forth in the Monroe County Land Development Regulations, the owner or owners of the above-described real property have been exempted from payment of"Fair Share Impact Fees" for the 28 unit, affordable / employee housing complex described herein. V1. As authorized herein, the use of the 28 dwellings are restricted for a period of at least ninety-nine (99) years. As shown in Exhibit A and summarized in Exhibit B, 14 dwellings are being restricted to being [eased or sold to households with an adjusted gross annual income no greater than one hundred (100) percent of the median and 14 dwellings to households with an adjusted gross annual income no greater than eighty percent (80) adjusted gross annual income V11. The units subject to the restrictions herein are intended to, and shall serve only as affordable /employee, permanent housing for working households, which derive at least seventy (70) percent of their household income from gainful employment in Monroe County and meet the requirements for affordable employee housing. EMPLOYEE HOUSING DEED RESTRICTION Page 2 of 13 RE No.: 00483370-000100, 00484390-000000 &00484400-000000 Rev. 12.21.2020 V713 Doe.#2390470 Page Number:3 of 25 Vill. Maximum sales price for an owner occupied affordable I employee housing unit shall mean : *a price not exceeding 3.75 times the annual median household income for Monroe County for a I bedroom unit 4.25 times the annual median household income for Monroe County for a 2 bedroom unit 4.75 times the annual median household income for Monroe County fora 3 bedroom unit IX. The covenants shall be effective for ninety-nine (99) years, but shall not commence running until a certificate of occupancy has been issued by the building official for the dwelling unit(s) to which the covenant or covenants apply. This deed restriction shall remain in effect for ninety-nine (99)years regardless of the owner(s) or occupant(s) ability to comply or re-qualify on an annual basis or as otherwise may be required. X. At the time of sale of an owner-occupied affordable/employee housing unit,the unit may be sold only to a household within the applicable low or median income category. E.g., ' an owner-occupied affordable/employee housing unit which is encumbered by a median-income deed restriction may only be sold to another household that qualifies for the County's above-described median-income category or lower. XI. Tourist housing use or vacation rental use of affordable/employee housing units is prohibited. X11. No Encumbrances. "Joinder of Mortgages have been provided as part of this restriction. No;additional mortgages will be obtained or recorded on the properties prior to recording of this Deed Restriction. Otherwise,, I/we understand that a Joinder by the mortgagee (lender)will be required to be included with this Deed Restriction if a mortgage is obtained prior to this Deed Restriction being recorded in the Official Records of Monroe County, Florida. There is/are no non-mortgage encumbrance(s) on the property legally- described above nor will a non-mortgage encumbrance be recorded on that property prior to the recording of this Deed Restriction. I/we understand that a Joinder by the non-mortgage encumbrance-holder will be required to be included with this Deed Restriction if a non-mortgage encumbrance is obtained prior to this Deed Restriction being recorded in the Official Records of Monroe County, Florida. XIII. BORROWERS AND LENDERS TAKE NOTE: No equity may be borrowed against the value of the afford able/employee housing unit which exceeds the maximum sales price in Paragraph Vill. This prohibition is for an aggregate loan amount of all equity against the home. A series of smaller equity loans may not be obtained whose total loan amount exceeds the maximum sales price in Paragraph Vill. EMPLOYEE HOUSING DEED RESTRICTION Page 3 of 13 RE No.: 00483370-000100,00484390-000000&00484400-000000 Rev.12.21.2020 4714 Doc.#2390470 Page Number:4 of 25 XIV. All of the restrictions herein shall be binding upon any transferees, lessees, heirs, assigns or successors in the chain of title for the property and owner- occupant(s) and tenant-occupant(s) thereto, it being recognized that recordation of this Employee Housing Deed Restriction constitutes constructive notice to all interested parties. XV. There is no mortgage on this property nor will a mortgage be recorded on this property prior to the recording of this restriction. Otherwise, I/we understand a joinder by the mortgagee (lender)will be required to this restriction if a mortgage is obtained prior to this restriction being recorded in the Monroe County Public Records. XVI. Breach or Violation. In the event of breach of violation of the restrictions or terms herein, the County shall provide a written "Notice of Default" or"Notice of Violation"to the defaulting undersigned Grantor(s), the defaulting owner- occupant(s), and/or the defaulting tenant(s) thereto, and a defaulting party shall have the right to cure such breach(es) or violation(s)within thirty (30) calendar days of receipt of notice of such breach(es) or violation(s). Uncured breach(es) or violation(s) of the terms of and restrictions imposed by this Employee Housing Deed Restriction shall, without any additional notice beyond this Deed Restriction's recordation, entitle the County to immediately suspend, without liability to the County, development applications, pending permits, approvals, and inspections, of which are contingent upon the effectiveness of and compliance with this Deed Restriction, except for those permits, approvals, or inspections necessary to cure such breach(es) or violation(s). Uncured breach(es) or violation(s) of a term or restriction imposed herein shall be presumed to constitute a breach or violation of an irreparable or irreversible nature. In the event of any suit, action, proceeding, in law or in equity, by the County to enforce the restrictions or terms contained herein, if the County prevails in any such suit, action, or proceeding, on trial or appeal, the County shall be entitled to reasonable attorney's fees, including trial, appellate, bankruptcy, and post- judgment costs and collection proceedings for the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing party(ies) as fixed by the court. Any judgment so rendered in favor of the County in connection with any such suit, action, or proceeding arising out of, related to, or in connection with this Deed Restriction, shall bear interest at the highest rate allowed by law. The County shall recover reasonable legal and professional fees attributable to the preparation, administration, and enforcement of such suit, action or proceeding, from any person(s) and/or entity(ies) from or to whom a demand or enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy, fine, or penalty which may be initiated under, including, but not limited to, Chapter 162, Florida Statutes. EMPLOYEE HOUSING DEED RESTRICTION Page 4 of 13 RE No.:-00483370-000100, 00484390-000000 &00484400-000000 Rev. 12.21.2020 715 Doe.#2390470 Page Number: 5 of 25 XVII. Joint-and-Several Liability. If the undersigned Grantor(s), owner-occupants) thereto, or tenant-occupant(s)thereto, or successors in title to or interest in the property or any other non-County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity, initiated or filed by the County to enforce any provision, restriction., or term contained herein, and consists of more than one person(s) or entity(ies), all such person(s) and entity(ies) shall be jointly-and-severally liable. XVIII. Cumulative Remedies. In the event of any breach or violation of the restrictions or terms herein, the County shall, without liability to the County, have the right to proceed at law or in equity as may be,necessary to enforce compliance with the restrictions or terms hereof, to enjoin activities, construction, maintenance, practices, repairs, and uses inconsistent with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them, to collect damages, and is both authorized and entitled to enforce this Employee Housing Deed Restriction by emergency, preliminary, and permanent injunction, including by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed-upon that the County has no adequate remedy at law for such breach(es) or violation(s), or such other legal method as the County deems appropriate. All rights and remedies accruing to the County are assignable in whole or in part and are cumulative; that is, the County may pursue such rights and remedies as the law and this Deed Restriction afford it in whatever order the County desires and the law permits. The County's resort to any one law(s) or remedy(ies) in advance of any other shall not result in waiver or compromise of any other law(s) or remedy(ies). The undersigned Grantor(s) hereby agree(s)to and shall pay for all costs associated with the County's actions to enforce this Deed Restriction. Failure by the undersigned Grantor(s), or owner-occupantt or tenant-occupants thereto, to comply with or perform any act required by or under this Deed Restriction shall not impair the validity of this Deed Restriction or the conditions, provisions, reservations, restrictions, rights, or terms hereof or limit their enforceability in any way. Enforcement of the conditions, provisions, restrictions, and terms of this Deed Restriction shall be at the discretion of the County. The County's delay or failure to enforce or omission in the exercise of any condition, provision, reservation, restriction, right, or term contained herein, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to any violation(s) or breach(es). No County waiver of a breach of any condition, provision, reservation, restriction, right, or term hereof, shall be construed to be a waiver of any succeeding breach of the same. EMPLOYEE HOUSING DEED RESTRICTION Page 5 of 13 RE No.:-00483370-000100, 00484390-000000 &00484400-000000 Rev. 12.21.2020 716 Doc.#2390470 Page Number: 6 of 25 XIX Limitation of Liability. In the event of any litigation concerning any condition, provision, restriction, or term of this Employee Housing Deed Restriction, the undersigned Grantor(s), and owner-occupant(s) and tenant-occupants) thereto, hereby waive their right to a jury trial. The undersigned Grantor(s) further agree that no claim(s)shall be made by it for any delay or hindrance allegedly attributable to the County during the progress of any portion of or during the effective period of this Deed Restriction. XX Duty to Cooperate and No Arbitration. The undersigned Grantor(s), and owner-occupants) and tenant-occupants) thereto, shall, to ensure the effective implementation of the government purpose furthered by this Employee Housing Deed Restriction, cooperate with the County's reasonable requests submitted to said Grantor(s), and owner-occupant(s) and tenant-occupaht(s)thereto, regarding the conditions, restrictions, and terms contained herein. No suit, action, or proceeding arising out of, related to, or in connection with this Deed Restriction is subject to arbitration, and mediation proceedings initiated and conducted that arise out of, relate to, or are in connection with this Deed Restriction shall be in accordance with the Florida Rules of Civil Procedure. XXI. Governina Laws/Venue. This Employee Housing Deed Restriction is and the enforcement of the restrictions, terms, and obligations established therefrom are governed by the Monroe County Comprehensive Plan, the Monroe County f�o.4 ---J -1-11 t-- %-- Uekls\l, the Florida Building Code, and t-he Rlorida Statutte::S, U11U WWII UC liberally construed to effectuate the public purpose of this Deed Restriction. Exclusive venue for any dispute arising from or under, relating to, or in connection with, this Deed Restriction, shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. XXII. Construction and Interpretation. The construction and interpretation of such, and all other, Monroe County Comprehensive Plan provision(s) and Monroe County Code(s) provision(s)shall be deferred in favor of the Monroe County (a/k/a Monroe County Board of County Commissioners) and such construction and interpretation shall be entitled to great weight on trial and on appeal. XXIII. Inconsistency, Partial Invalidity, Severabillity, and Survival of Provisions. If any condition, provision, reservation, restriction, right, or term of this Deed Restriction, or any portion thereof, is/are held invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, term, or any portion(s)thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, provision, reservation, right, term, or any remaining portion(s)thereof. All such other conditions, provisions, reservations, restrictions, rights, terms, and remaining portion(s)thereof shall continue unimpaired in full force and effect. EMPLOYEE HOUSING DEED RESTRICTION Page 6 of 13 RE No.:—00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 4�� 717 Doe.#2390470 Page Number: 7 of 2-5 XXIV. Captions and Para-graph Headings. Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer. XXV. Authority to Attest. Each party to this Employee Housing Deed Restriction represents and warrants to the other that the execution, delivery, and performance of this Deed Restriction has been duly*authorized by all necessary corporate and other organizational action, as required. XXVI. Entire Agreement. This Employee Housing Deed Restriction constitutes the entire Deed Restriction and any representation or understanding of any kind preceding the date of this Deed Restriction's execution or recordation is not binding upon the Grantor(s) or the County, except to the extent that it has been incorporated into this Deed Restriction. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EMPLOYEE HOUSING DEED RESTRICTION Page 7 of 13 RE No.:—00483370-000100, 00484390-000000 &00484400-000000 Rev. 12.21.2020 718 Doe.#2390470 Page Number: 8 of 25 I/we certify that Uwe am/are familiar with the information herein contained and that it is true and correct; and I/we will abide by the above stated restrictions pursuant to Monroe County Code as may be amended from time to time. Owner Owner -e r- X-L"/--� Francisco J.Pla/Atho ' -eTM`ciWber Richard C. Riehl/Authorizqd Member 1: W!�es &lgnature 1: Witnegignature Print Name k'Op X Print NaRiNe -% tl�\ 2: Witness Signature 2: Witnesis Signature Print Nameylov=aAQQ,MA Print Name 0— Y STATE OF r1okIdA STATE OF Floviola COUNTY OF AA0V1V-Qe-,,, COUNTY OF M 01A V'0� Sworn to and subscribed before me,by Sworn to and subscribed before me,by means of/VP hysical presence or online means ofX physical presence or online notarization notarization this day of 20 this 04(0 day VI& - AVQV6� y of 20 '2 by �ir)e t5.c p I' �'tal _ by RjC ef- 1e4:ek( - 5 (PRINT NAME OF PERSON MAKING STATEMENT) (PRINT NAME OF PERSON MAKING STATEMENT) who is persfinally kvmwn to me OR roduc who is personally knqqn to me OR roduce b�lYCA �L - ajt4ew qua identiffic§ation. e4o/v3 f,17—1/,691 A�Rit 60dentification. (Ty P�01"1 WjJA (TYPE OF"t Signatt e No Public Signature XW.Ynubl' A I Print,Name of Notary Public Print,Name of Notary Public My commission expires: My commission expires: -,N LORI M.SOLLITTO Notary Public-State of Florida flf�A-:A&' LORI M.SOLLITTO W1. Commission#GG 953328 Florida of ate G'95332 r Mar 10,2024 1 try ' Assn. I State of My Comm.Expires Mar 10,2024 Notary Public Assn. Commission#GG 953328 Bonded through National Notary Assn. ff.' My Comm,Expires Mar 10,2024 Bonded through National Notary Assn. EMPLOYEE HOUSING DEED RESTRICTION Page 8 of 13 RE No.:—00483370-000100, 00484390-000000 &00484400-000000 Rev. 12.21.2020 719 Doe.#2390470 Page Number:9 of 25 This instrument was prepared by: Francisco Pla 1527 Shaw Dr. Key Largo,FL 33037 JOINDER OF MORTGAGEE Kenneth Moauro & Bernadette Moauro,(husband &wife) whose address is 9647 N. Bedrford Rd., Macedonia, Ohio 44056 having a record interest as recorded in the official records of Monroe County at Book 3097 Page 20 in the lands described in the Employee Housing Deed Restriction attached hereto between South Cliff Holdings LLC Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents to, and ratifies that Employee Housing Deed Restriction the date indicated below. VI Cn X— Kenn jth-xloa-u6/Mortgagee Bernadette Moauro/Mortgagee oj-uA ifim� GA4.14A 9 P O� 1: Withess Signature 1: Witness Signature Print Name kAk iSCl/A btetfnwom Print Name-mumn b&e�VA id 9- A itni,—z-, Signati mp- Witnaec .qinnnfi im g Print Name KArr Print Name STATE OF 6 Pao STATE OF 0 V-11 0 COUNTY OF COUNTY OF P6127WCe Sworn to and subscribed before me,by Sworn to and subscribed before me,by means ofXphysical presence or online means of Xphysical presence or online notarization notarization thie2&p day of �WGVSq- 20 :77 this�tqvday of -Au(*jsT '20 ZZ by MaAug-c, _ b �aZi1JAVerr8- MdA-tj94:, (PRINT NAME OF PERSON MAKING STATEMENT) (PRINT NAME OF PERSON MAKING STATEMENT) who is personally known to me OR produced who is personally known to me OR produced as identification. as identification. (T E 0 ID PRODUCED) (Ty OF D PRMODED) Ignature of Notary Public Signature of otary Public Print,Name of Notary Public Print,Name of Notary Public My commission ex tpi,rAs:t,16 - Ir My commission expires: 1. I 0. )NtAs-Noz. 0% IS-Ato '0 & EMPLOY IMaTRICTION RE No.:-W4 #1 Oe84390-000000&00484400-000060 ...... Rev. 12.21.192Q :'A krp oc'T - 0 0 or Jtt or 0 t1%%1% X 720 Doc.#2390470 Page Number: 10 of 25 This instrument was prepared by: Francisco Pla 1527 Shaw Dr. Key Largo,FL 33037 JOINDER OF MORTGAGEE Alice Riehl, Individually and as Trustee under Declaration of Trust known as The Alice Riehl Living Trust Dated -3/15/2016 whose address is 1005 Snapper Ln. Key Largo, Florida 33037 having a record interest as recorded in the official records of Monroe County at Book#3114 Page#1 859 in the lands described in the Employee Housing Deed Restriction attached hereto between South Cliff Holdings LLC Grantor, and Monroe County, Florida, Grantee, hereby joins in, consents to, and ratifies that Employee Housing Deed Restriction on the date indicated below. Name of Mortgagee 1: Wit es Signature AlfcLk'Rie'fil as Trustee ufider the Declaration of Trust know as -\C-Ck ir\t-o"A �e The Alice Kehl L A iving TrucTate,d 03115/2016 (Print Ipe Name of Witness) N A e Kiehl, Individually '7 Witness Signature. yxmzo- Print Name: Mcc, (Orin't or Type Name of Witness) STATE OF -F10 V1 dA COUNTY OF_M6V�"t-" Sworn to and subscribed befor me, by means of physical presence or 0 online notarization this '2k) day of ,20 22- /by CW d(41- T'. P't J (PRINT NAME OF PERSON MAKING STATEMENT) who i n to me OR produced L KI-60-6051-31-SElidLiritification. 01ril ViV& r>--------------- (TYPEOF ID PRODUCED) Signa41�4 to 1 Print,Type or Stamp Commissioned Name of Notary Public LORUI M.SOLLITTO My commission expires: 11401 Notary Public.State of Florida VV Commission#GG953328 -31 12-0?-Zf 0 202 My Comm.Expires Mar 10,2024 Bonded through National Notary Assn. EMPLOYEE HOUSING DEED RESTRICTION Page 10 of 13 RE No.: 00483370-000100, 00484390-000000&00484400-000000 Rev. 12.21.2020 721 Doe.#2390470 Page Number: 11 of 25 This instrument was prepared by: Francisco Pla 1527 Shaw Dr. Key Largo,FL 33037 AFFIDAVIT OF SOUTH CLIFF HOLDINGS, LLC Before me, a notary public appeared, Francisco J Pla,&Richard C Riehl on behalf of nnrl ac AAnr�artarc of C'ni�tl C1.iffT-Tnl`linne T T C'o Fi'lnrirl- lrm"d 1roS�rtitcr rmm�or�a� � I A�ftnr rid aS Managers vi Souui in.uolA .ado,...,I C a i 1—id.lim-n u aa-bilit ..viiap— , lv—uawa being duly sworn, depose and state as follows: 1. South Cliff Holdings LLC is a limited liability company organized under the laws of Florida("the Company")effective March 30,2021. 2. Pursuant to the Article of Organization, Bylaws,and Operating Agreement,the Company is a manager managed company and there are two Managers as follows: Francisco J. Pla,and Richard C Riehl and we have never resigned or been removed as a managers. 3. That we have the authority to execute any and all documents on behalf of the limited liability company. 4. The undersigned make this Affidavit with full knowledge that Monroe County requires compliance for Affordable Housing requirements based on documentation executed by the managers of the Compa . x x Francisco J.Pla l ger Richar C.Riehl 1 man r 1: W't s`Si�nature 1: Witness ' nature„ P nt a �1% i��� Print Nam i tC, %e\ r 2: Witness, ignature, 4 t - 2: Witness•Signature. Print Name of f v% W%tQ� rint Name Q-,f i'ti5no STATE OF F10v`1 VIA STATE OF F18`►'1 d m COUNTY OF 1 DArV-e/ COUNTY OF M oVIrd-e1 Sworn to and subscribed before me,by Sworn to and subscribed before me,by means of;physical presence or online means of E%,nhysical presence or online notarization notarization this 2b day of US� ,20 22 this 26 day of AV JS� 20 22 , by IFY-AKc i sc 0 a by P-i C. dV-d e=�S r,1e h 1, (PRINT N i AF PE KING STATEMF (PRINT NAME OF PERSON MAKING STATEMENT wha i p �wtrfi e O pro��who is personally known to me O roduce -ta ' 44i--o as identification. b L. R-'-�O0 --vi- 1�- dents Tication. (TYPE D) (TYPE df I 10a L;PL I= Sign r Nota Tj Signature of N bIi LOW M.SOLL TTO igY Pii ry4{ {AQ, _ � Notary Public State of Florida fiibtT FffNot Public Print Name of Notary Public Nota 2- to a of [onda A.- Commission#GG 953328 Commission k GG 953328 OF r My Comm.Expires Mar ttl,2024 of My Copt >!01s1410 Tres: 410�?�'2 My commission expires: 3 f Q Bonded through National Notary Assn. Bonded through National Notary Assn. EMPLOYEE HOUSING DEED RESTRICTION Page 11 of 13 RE No.:_00483370-000100, 00484390-000000 &00484400-000000 Rev. 12.21.2020 722 Doe.#2390470 Page Number: 12 of 25 This instrument was prepared by: Francisco J.Pla 1527 Shaw Dr. Key Largo,FL 33037 Affidavit of No Encumbrances 1. WHEREAS, South Cliff Holdings LLC, is the sole owner of the following described real property located in Monroe County, Florida described as Lot(s):1 &2, Block:1,Revised Plat of Sunrise Point Key Largo Plat Book:3 Page:1 I Parcel Real Estate Numbers: 00484390-000000 & 00484400-000000 and A portion of Tract 6, Southcliff Estates Subdivision Key Largo Plat Book: 2 Page: 45 Parcel ID/Real Estate Number : 00483370-000100 2.WHEREAS, this statement is current as of this date, and that no liens, loans, mortgages or other encumbrances currently encumber the above legally described real property other than those in which Joinder(s) have been executed and submitted. 3.Now, therefore, the undersigned state that the above described property is/are free of all liens; loans, mortgages, or any other encumbrances at this time other than those in which Joinder(s) have been executed and submitted. EXECUTED ON THIS 2—(el day of August, 2022. WITNESSESS TO BOTH: OWNERS I fitness Signature eC Richard C Riehl/Authorized Member 1005 Snapper Ln. Key Largo, FL 33037 2 iW 5oss Signat AN� Francisco J. Pla/Authorized Member 1527 Shaw Dr. C Key Largo, FL 33037 STATE F FLORIDA COUNTY OF MONROE Sworn n subscribed before me,by means of ghysical resence notarization this 2& day 2 2,by Richa t"O"Majjopla, th personally known to me i VW-ftl Notary Public-state of Florida I Commission#GG 953329 ri My Comm.Expires Mar 10,2024 ir�yAssn Si e o Notary Public . — - - I E HOUSING DEED RESTRICTION Page 12 of 13 RE o.: 00483370-000100, 00484390-000000 & 00484400-000000 Rev. 12.21.2020 )*723 Doe.#2390470 Page Number: 13 of 25 TABLE OF EXHIBITS 1) EXHIBIT A-SITE PLAN 2) EXHIBIT B—CHART 3) EXHIBIT C—RESOLUTION 116—2021 RESERVATION OF ROGO ALLOCATION 4) EXHIBIT D—RESOLUTION 171-2022 EXTENSION RESERVATION OF ROOGO ALLOCATIONS 5) EXHIBIT E--RESOLUTION 265-2021 WAIVER OF PERMIT FEES 6) EXHIBIT F—RESOLUTION 201-2022 EXTENSION OF WAIVER OF PERMIT FEES EMPLOYEE HOUSING DEED RESTRICTION Page 13 of 13 RE No.:_00483370-000100, 00484390-000000 &00484400-000000 Rev. 12.2 L2020 4724 ME C-4 co gi 0 om < Tw m =3 N r4 ca 1p m o 4"P- >to cn C,o a~ 0 4 Z Jor rn 11 C-4 00 N :m w'm 's In z �0,4z Ln m< 5 r4 N M LU CO N Ol r., go ,-3 >Ln z z 8 4 0 NZ 0 P(n Lno— a "C3 5mry z CLA co N m LLJ r4 x cu L 0, z Ln N C, rn C4 LU Ln ca t'4 Z,M N Ln ft N tu co tD W 66 �'tn ZW, 0 Ln cm:) cn a C3 co C4 N it ca c'A <tn zg�0 to O cn Nz N tn co en Cl Z) C4 v aj "i(U 4t tt W. 00 < F=00 00 N 11 Ln S-a,a 9 8 r-2 m 2 N 5 13 m 2 C4 W H 5 Ln LIM, cor4 cnl- .j c z LL. co m M 40 0 m UJ M rj,3: 1 Ln 0 M -I LvrHVIH SV3MSAO CN%MtUNON 725 Doc.#2390470 Page Number: 15 of 2.5 EXHIBIT B CHART BUILDING# PERMIT# ADDRESS UNIT# TYPE INCOME BUILDING#1 21301888 95295 Overseas Hwy. #1 1 BED 1 BATH LOW BUILDING#1 21301888 95295 Overseas Hwy. #2 1 BED 1 BATH LOW BUILDING#1 21301888 95295 Overseas Hwy. #3 1 BED 1 BATH LOW BUILDING#1 21301888 95295 Overseas Hwy. #4 1 BED 1 BATH LOW BUILDING#2 21301889 95295 Overseas Hwy. #1 1 BED 1 BATH LOW BUILDING#2 21301889 95295 Overseas Hwy. #2 1 BED 1 BATH LOW BUILDING#2 21301889 95295 Overseas Hwy. #3 1 BED 1 BATH LOW BUILDING#2 21301889 95295 Overseas Hwy. #4 1 BED 1 BATH LOW BUILDING#3 21301890 95295 Overseas Hwy. #1 1 BED 1 BATH LOW BUILDING#3 21301890 95295 Overseas Hwy. #2 1 BED 1 BATH LOW BUILDING#3 21301890 95295 Overseas Hwy. #3 1 BED 1 BATH LOW BUILDING#3 21301890 95295 Overseas Hwy. #4 1 BED 1 BATH LOW BUILDING#4 22300465 95295 Overseas Hwy. #1 2 BED 2.5 BATH LOW BUILDING#4 22300465 95295 Overseas Hwy. #2 2 BED 2.5 BATH LOW BUILDING#5 22300466 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#5 22300466 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING#6 22300467 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#6 22300467 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING#7 22300468 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#7 22300468 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING#8 22300469 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#8 22300469 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING#9 22300470 95295 Overseas Hwy. #1 2 BED 2.5 BATH MEDIAN BUILDING#9 22300470 95295 Overseas Hwy. #2 2 BED 2.5 BATH MEDIAN BUILDING#10 22300471 95295 Overseas Hwy. #1 3 BED 2.5 BATH MEDIAN BUILDING#10 22300471 95295 Overseas Hwy. #2 3 BED 2.5 BATH MEDIAN BUILDING#11 22300472 95295 Overseas Hwy. #1 3 BED 2.5 BATH MEDIAN BUILDING#11 22300472 95295 Overseas Hwy. #2 3 BED 2.5 BATH MEDIAN —<T 726 Doe.#2390470 Page Number: 16 of 25 EXHIBIT C 2 RESOLUTION NO. -2021 3 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION OF TWENTY- 6 EIGHT (28) AFFORDABLE ROGO ALLOCATIONS (14 LOW 7 INCOME AND 14 MEDIAN) FOR PROPOSED EMPLOYEE 8 HOUSING DWELLING UNITS ON PROPERTY OWNED BY RIEHL 9 ALICE LIVING TRUST LOCATED 95301 OVERSEAS HIGHWAY, 10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT -6, 11 SOUTHCLIFF ESTATES, KEY LARGO, APPROXIMATE MILE 12 MARKER 95.5, HAVING PROPERTY IDENTIFICATION NUMBER 13 00483370-000000, AND PROPERTY OWNED BY ARMANDO & 14 MARIA C. CABRERA, FOR PROPERTY LOCATED ON LOTS I & 2, 15 BLOCK I REVISED PLAT OF SUNRISE POINT, KEY LARGO 16 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390- 17 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, AS 18 AUTHORIZED BY THE PROPERTY OWNERS, RIEHL ALICE ---------------------19 LIVING TRUST AND ARMANDO & MARIA C. CABRERA, UNTIL 20 JULY 17,2022 FOR BUILDING PERMIT ISSUANCE, 21 22 WHEREAS,the State of Florida and all local governments in the Florida Keys (each subject to 23 Area of Critical State Concerti mandates relating to housing affordability) recognize the need for 24 affordable housing throughout the state and particularly in the Florida Keys where developable land for 25 housing is extremely limited and expensive; and 26 27 WHEREAS, the challenge of providing affordable housing opportunities in the Florida Keys is 28 one requiring sensible and responsive use of residential unit allocations, including implementation of 29 long-term preservation mechanisms;and 30 31 WHEREAS, due consideration should be given to relevant factors such as the capacity for 32 allocation recipients to promptly transform allocation awardsYreservations into finished and occupied 33 affordable/workforce housing units;and 34 -- 35 WHEREAS. Section 138-24(b)(2) of the Monroe County Land Development Code allows 36 the BOCC to authorize reservations for "specific afYordable or employee housing projects participating 37 in a federal/stale housing financial assistance or tax credit program or receiving some form of direct 38 financial assistance from the county upon written request from the project sponsor and approved by 39 resolution of the Board of County Commissioners," and 40 41 WHEREAS, Frank Pla, as authorized by the current property owners, Riehl Alice Living Trust 42 and Armando & Maria C Cabrera. are proposing to develop the properties with twenty-eight (28) 43 affordable employee housing units,and 1727 Doe.#2390470 Page Number: 17 of 2-5 2 WHEREAS,the reservation of affordable housing allocations for the anticipated project does not 3 exempt the project from applicable requirements for the Monroe County Land Development Regulations, 4 Building Code and other regulatory requirements; and 5 6 WHEREAS, Richl Alice Living Trust and Armando & Maria C Cabrera shall obtain all 7 reauired aDr)rovals from the Monroe Countv Plannina& Environmental Resources Devartment for the 8 project. and 9 10 WHEREAS, Riehl Alice Living Trust and Armando & Maria C Cabrera shall obtain permits I I for the affordable housing dwelling units by July 17,2022; if the permit for a reserved ROGOailocation 12 housing unit is not issued by that time,the allocation will revert to the County. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF.MONROE COUNTY,FLORIDA: 16 17 Section 1: The foregoing recitals are true and correct,and are hereby incorporated as if fully 18 set forth herein. 19 20 Section 2: The Monroe County Planning Department shall reserve twenty-eight(28)affordable 21 ROGO allocations(14 low income and 14 median income), for the project at 95301 Overseas Highway, 22 Section 13. Township 62, Range 38 Part Tract 6, Soutlicliff Estates, Key Largo. having Property 23 Identification Number 00483370-000000,and Lots I &2,Block I Revised Plat of Sunrise Point Key 24 Largo, have Property Identification Number(s) 00484390-000000 and 00484400-000000 until July 25 17,2022. 26 27 Section 3: The developer must obtain the building permits for the twenty-eight (28) 28 affordable/employee housing units on or before June 17"', 2022. 29 30 Section 4: The developer shall comply with all Monroe County requirements, all applicable 31 Building Code requirements,and any other oversight agencies. 32 33 Section 5: The Planning and Building Department Staff is hereby authorized to process 34 expeditiously pennit related applications for the above referenced project when received. 35 36 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. 37 Florida at a regular meeting held on the l7th day of March,2021. 38 39 Mayor Michelle Coldiron Yes 40 Mayor Pro Terri David Rice Yes 41 Commissioner Craig Cates Yes 42 Commissioner Eddie Martinez Yes- 43 Commissioner Mike Forster Yes 44 45 2 of 3 728 Doc.#2390470 Page Number; 18 of 25 1 2 BOARD OF COUNTY COMMISSIONERS OF MONROE 3 COUNTY, FLORIDA ��..�..� BY: hA Iil Gi,'VI {Y1141rV ll,.r\..V{Yll Vli N MADOK,CLERK M0NAor: ATfORN�Y "'•`�'`•� APp TO FORM 12 ` -s 13 AS DEPU Y CLERK -- -PETERMORAIS ASSISTANT COUNTY AVORNEY Dalai 2119121 C= ca .�►i C-3 • M •1' 3 of 3 729 Doc.#2390470 Page Number: 19 of 25 EXHIBIT D t J 3 RESO1 U FION NO. 171 -2022 4 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 5 COMMISSIONERS APPROVING THE RESERVATION EXTENSION o 6 OF TWENTY-EIGHT(28)AFFORDABLE ROGO ALLOCATIONS(14 � 7 LOW INCOME AND 14`IMEDIAN) FOR PROPOSED EMPLOYEE 8 HOUSING D«'F.LLING UNITS ON PROPERTY OWNED BY SOUTH Ul l 9 CLIFF HOLDINGS LLC LOCATED 95295 OVERSEAS HIGHWAY, 10 SECTION 13, TOWNSHIP 62, RANGE 38 PART TRACT 6, 4 II SOUTHCLIFF ESTATES, KEY LARGO, APPROYINIATE MILE 12 MARKER 95.5, HAVING PROPERTY IDENTIFICATION NUMBER 13 00483370-000100,AND FOR PROPERTY LOCATED ON LOTS I & 2, 14 BLOCK I REVISED PLAT OF SUNRISE POINT, KEY LARGO � 15 HAVING PROPERTY IDENTIFICATION NUMBER(S) 00484390- 16 000000 AND 00484400-000000 AS REQUESTED BY FRANK PLA, a 17 UNTIL OC"TOBER 17,2022 FOR BUILDING PERNIIT ISSUANCE. s 1$ a A r._.:�. •i .. .. f __ _ .i ,�■ai:,ai:.n.-„a+V ?gut LL+ti Vl i1i+u UII+{?{:tl+L�'O�"CiTiniClil$!i7 iliC rl¢rl(IA hCv9 tcnan subject to 2 20 Area of Critical State Concern mandates relating to housing affordability) recognize the need for UO 21 affordable housing throughout the state and particularly in the Florida Keys cohere developable Land for '? 22 housing is extremely limited and expensive;and c 23 tz 24 WHEREAS.the challenge of providing affordable housing opportunities in the Florida Keys is 25 one requiring sensible and responsive use of residential unit allocations, including implementation of 26 tong-temt preservation mechanisms;and a 27 0 28 WHEREAS, due consideration should be given to relevant factors such as the capacity for 0 29 allocation recipients to promptly transform allocation awards,'reservations into finished and occupied 30 affordablelworl;force housing units;and 31 L w 32 WHEREAS,Section 138-24(b)(2) of the Lionrae County Land Development Code allows � 33 the BOCC to authorize reservations for "specific affordable or employee housing projects 34 participating is a frderallatatc housing financial as%istnmm or tax credit program or rrceivsng some o 35 form of direct financial assistance from the county upon written request from the project sponsor and ,. 36 approved by resolution of the Board of County Commissioners,"and P 37 38 WHEREAS, South Cliff Holdings., LLC are proposing to develop the properties with twenty- a 39 eight(28)affordable employee housing units;and 40 41 WHEREAS, the reservation of affordable housing allocations for the anticipated project does 5 +42 not exempt the project from applicable requirements for the Monroe County Land Development 43 Regulations,Building Code and other regulatory requirements;and w zr a t PisC4t`at:PO 13'Eil� 730 Doc.#2390470 Page Number: 20 of 25 r 44S:5.C' J 1 WITEREAS,South Cliff Holdings,LLC shall obtain all required approvals from the Mons 2 County Planning&Environmental Resources Department for the project;and a 3 ur 4 WIIEREAS, South Cliff Holdings, LLC shall obtain permits for the affordable housing 5 dwelling units by October 17,2022;if the permit for a reserved ROOO allocation housing unit is not 6 issued by that time,the allocation will revert to the County; S 7 W 8 AVOW, THEREFORE, OF, IT RESOLVED BY THE BOARD OF COUNTY w 9 COLMUSSIONERS OF i4IONROE COUNTY,FLORIDA. G 10 ° I Section 1: The foregoing recitals are true and correct, and are hereby incorporated as it: 12 fully sat forth herein w 13 14 ect n,a The Monroe County Planning Department shall reserve twenty-eight(2.8)affordable H L 15 ROGO allocations (14 low income and 14 median income), for the project at 95295 Overseas 16 Highway,Section 13,Township 62,Range 38 Part Tract 6,Soutltclifl'Estates,Key Largo,having 17 Property Identification Number 00483370-000100,and Lots 1 &2,Block t Revised Plat of Sunrise 18 Point Key Largo,have Property Identification Number(s)00484390-000000 and 00484400-000000 u' 19 until October 17,2022. N 20 c 21 Section 3: The developer must obtain the building, permits for the twenty-eight (28) a 22 att'ordablelemployee housing on or before October 17,2022. E as `24 Sec ion 4: The developer shalt comply with all Monroe County requirements,all applicable Qo 25 Building Code requirements,and any other oversight agencies. 26 C s 27 Scqjop, S: The Planning and Building Department Staff is hereby aud-orired to process 28 expeditiously permit related applications for the above referenced project when received. air 29 30 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida d 31 at a regular meeting held on the 15th day of June,2022. 32 a 33 Mayor David Rice 03 34 c Mayor Pro Tern Craig Cates � g 35 Commissioner Michelle Coldiron Yes w 36 R= S Commissioner James Scholl Yes C'.nmm6ninner Holly Merrill Raschcin , XW � 38 39 ' Z, BOARD OF COUNTY CON[MISSI01,11IRS OF MONROE n 40 y; COUNTY,FLORIDA v c 41 a 42 r Davld 43 (SEAL) °, 41 AT"fES f EVIiV MADOK,CLE II" orraa2 C tr v taOfl eEx a , S nxr_ 45 0 46 AS PUTY fE207 �,� l s •. ,. "� 2 Q PAC[t�E,,P..� t315 731 Doe.#2390470 Page Number: 21 of 25 EXHIBIT E 1 ,. 2 3 1 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO, 265-2021 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 11 COMIVIISSIONERS WAIVING APPROXIMATELY $211,215 IN 12 BUILDING PERMIT FEES FOR A TOTAL OF 28 AFFORDABLE 13 EMPLOYEE HOUSING DWELLING UNITS COMPRISED OF 14 LOW 14 INCOME AND 14 MEDIAN INCOME, OR BELOW, TO BE 15 CONSTRUCTED ON A PARCELS LOCATED AT 95301 OVERSEAS 16 HIGHWAY,ON KEY LARGO,HAVING REAL ESTATE (RE) NUMBERS 17 00483370-000000, 00484390-000000,AND 00484400-000000. 18 19 WHEREAS,on November 18,2009 the Monroe County Board of County Commissioners 20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for 21 entities building low income housing leveraging state or federal funds, or affordable housing as 22 defined by state statutes; and 23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010, 24 allowing waivers for housing for households up to 120% of median income in Monroe County. 25 Housing exceeding 120% may also apply for a waiver if the specific project for development is 26 being subsidized with or is leveraging state or federal funding, and 27 WHEREAS,on March 17,2021,the Board passed and adopted Resolution No. 116-2021, 28 reserving 28 affordable housing allocations(14 low income and 14 median income)on the subject 29 parcels,until July 17, 2022 for building permit issuance; and 30 WHEREAS, on July 30, 2022 Frank Pla, Authorized Member for Applicant South Cliff 31 Holdings, LLC submitted the Application for Building Permit Fee Waiver. The legislative intent 32 of this Resolution is that the instant waiver shall apply to the building permit applicant of record; 33 and 34 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for 35 waivers of building permit fees for affordable housing which have a Development Order in effect. 36 The Applicant of Record is requesting a building permit fee waiver of approximately $211,215 to 37 construct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two Page 1 of 2 1732 Doc.#2390470 Page Number: 22 of 25 38 bedroom,two and one-half bathroom units;and four(4)three bedroom,two and one half bathroom 39 units at 95301 Overseas Highway on Key Largo. 1 40 NOW, THEREFORE, BE IT RESOLVED BY THE, BOARD OF COUNTY 41 COMMISSIONERS Or MONROE COUNTY,FLORIDA,THAT: 42 The foregoing recitals are true and correct and are hereby incorporated as if fully stated 43 herein; and 44 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e)for the 45 multi-family buildings comprising the 28 affordable housing units described herein with the 46 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved 47 by both the Senior Director of Planning & Environmental Services and the Office of the County 48 Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the 49 Building Department and said permits are issued no later than July 17,2022. 50 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 51 Florida, at a regular meeting held on the IS"'day of August,2021. 52 Mayor Michelle Coldiron _Yes Mayor Pro Tern David Rice Yes Commissioner Craig Cates Yes Commissioner Eddie Martinez Yes Commissioner Mike Forster Absent 59 BOARD OF COUNTY COMMISSIONERS 60 Attest:Vp ,EVIN MADOK, Clerk OF MONROE COUN_Ty_,FEe 61 Q 177N A A* 62 By �A4 By met:s &00 63 As DepUy Clerk Mayor Michelle Coldiron _j 1:>: jW.%n0E COUNTY ArrORNEV ASSLSTAN-r COUNTY ATTORNEV 08/20/21 Cn Page 2 of 2 733 Doe.#2390470 Page Number: 23 of 25 EXHIBIT F t 5 6 MONROE COUNTY,FLORIDA 7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 8 RESOLUTION NO. 201 -2022 9 10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS EXTENDING THE WAIVER OF APPROXIMATELY 12 $211,215 IN BUILDING PERMIT FEES FOR A TOTAL OF 28 13 AFFORDABLE EMPLOYEE HOUSING DWELLING UNITS 1-4 COMPRISED OF 14 LOW INCOME AND 14 MEDIAN INCOME, OR 15 BELOW, TO BE CONSTRUCTED ON A PARCELS LOCATED AT 95301 16 OVERSEAS HIGHWAY,ON KEY LARGO,HAVING REAL ESTATE(RE) 17 NUMBERS 00483370-000000, 00484390-000000,AND 00484400-000000. 18 19 WHEREAS, on November 18,2009 the Monroe County Board of County Commissioners . 20 ("Board") passed and adopted Ordinance 036-2009, allowing building permit fee waivers for 21 entities building low income housing leveraging state or federal funds, or affordable housing as 22 defined by state statutes; and 23 WHEREAS, on February 10, 2010, the Board passed and adopted Ordinance 004-2010, 24 allowing waivers for housing for households up to 120% of median income in Monroe County. 25 Housing exceeding 120% may also apply for a waiver if the specific project for development is 26 being subsidized with or is leveraging state or federal funding; and 27 WHEREAS,on March 17,2021, the Board passed and adopted Resolution No. 116-2021, 28 reserving 28 affordable housing allocations(14 low income and 14 median income)on the subject 29 parcels,until July 17, 2022 for building permit issuance; and 30 WHEREAS, on July 30, 2021 Frank Pla, Authorized Member for Applicant South Cliff 31 Holdings, LLC submitted the Application for Building Pennit Fee Waiver. The legislative intent 32 of this Resolution is that the instant waiver shall apply to the building pen-nit applicant of record; 33 and 34 WHEREAS, on June 15, 2022, the Board passed and adopted Resolution No. 171-2022, 35 extending the reservation for 28 affordable housing allocations (14 low income and 14 median 36 income)on the subject parcels,until October 17, 2022 for building permit issuance; and 37 Page 1 of 2 14 734 Doe.#2390470 Page Number: 24 of 25 38 39 WHEREAS, Monroe County Code Section 6-108(e) allows the Board approval for 40 waivers of building permit fees for affordable housing which have a Development Order in effect. 41 The Applicant of Record is requesting a building permit fee waiver of approximately$211,215 to 42 construct 11 multifamily buildings comprised of 12 one bedroom, one bathroom units; 12 two 43 bedroom,two and one-half bathroom units;and four(4)three bedroom,two and one half bathroom 44 units at 95301 Overseas Highway on Key Largo, 45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 46 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT: 47 The foregoing recitals are true and correct and are hereby incorporated as if fully stated 48 herein;and 49 Building permit fees are waived pursuant to Monroe County Code Section 6-108(e)for the 50 multi-family buildings comprising the 28 affordable housing units described herein with the 51 condition that evidence of an Affordable Housing Deed Restriction(s) accepted and/or approved 52 by both the Senior Director of Planning&Environmental Services and the Office of the County 53 Attorney and recorded in the Public Records of Monroe County, Florida shall be provided to the 54 Building Department. 55 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 56 Florida,at a regular meeting held on the 20th day of July, 2022. 57 Mayor David Rice Yes 58 Yes Mayor Pro Tem Craig Cates 59 1 23 Commissioner Michelle Coldiron Yes 60 Commissioner James Scholl Yes 61 Commissioner Holly Merrill Raschein Yes 62 63 64 (SE BOARD OF COUNTY COMMISSIONERS 65 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY,FLORIDA 66 67 By By 01W jkio�� 68 cn L�s De�iity ClerlP Mayor Da"vid C� 69 r- L.0 MONROEtCOUNTXATTORNEY* _LL. APPS.QVED-06S TO FORM: KELLY DUGAN 4�_' ASSISTAWCOUNTYATTORNEV =22 -z" 70� Page 2 of 2 735 Doc.#2390470 Page Number:25 of 25 MONROE COUNTY, FLORIDA ACCEPTANCE OF EMPLOYEE HOUSING DEED RESTRICTION For.Building Permit Applications: 21301890; 21301889; 21301888; 22300472; 22300471; 22300470; 22300469; 22300468; 22300467; 22300466; and 22300465 In Witness Whereof, Grantee accepts the Employee Housing Deed Restriction granted above and executes this instrument the date set forth below. Grantee Monroe County,Florida: First Witness(Print Name) Senior Director, County Planning and Environmental Resources Department(Print First Witnes ( ignature) Senior Director,Monroe County Planning and Environmental Resources Department (Signature) Second Witness(Print Name) Date(Print) Approved as to form and sufficiency. Second Witnes Si nature} _ STATE OF F Uri t COUNTY NC�h i t9e Tyson Smith'Esq. Date: September 7,2622• Sworn to and subscribed before me, by means of)(physical presence or❑ online notarization this rill) day of.3AQfVjbeA ': ,209 by Emi I �dyroerr who i personally known to me OR produced as identification. Signature of Notary C ��jr'ov ALISON J.SMITH Notary Public-State of Florida j] �� Commission N NH 155590 ��11 ''�of�c My Comm.Expires Jul 19,2025 Print,Type or Stamp Commissioned Name of Notary Public Bonded through National Notary Assn. My commission expires: qOQVI 736 EXHIBIT D: Service Agreement(s) 737 NONE 738 EXHIBIT E: Site Plan Depicting Buildings 1,2,and 3 739 sgc-cat<l� mac Rl:a<;.'r,a:���rx ,SSfk'7 C1�'..J fi 3t IY�^W.t6 � �-,qo a .1.•Gm'-I." 9F" =a�f w /�v 1..'cGe� `cs. mac?= 'i a i.� tl oz�ri j vc� _ f •s20 �s l�1 :i:�l!7 hi'llt��✓.co o ui � 3'a l�t ram..,.:.^^_ -a n 'es�n S �.•-K.us sv i e-fr:s -- :3 1 �. ley 1a;b; _..{.._� a � _ f { b $iLl �y�$a�`I . µ c o r rc 3g 9 ( ig ci.- c Zvi `t �° dS`�II w � f � n t r v y ��.,� i © AC s 5�t. 4 .4 - _ � t 71 99 �tW `` i 16, if 41 mj 1, III 11ia1 ! � 1 s X` i f� t it p tsj R , �ti ter '" �N. sir ��� 4 ``•" — T� a ( . '"� �� .5�t i,o j;:.�tt i� _. .a� ah1_: ;r a . ... r� ' ni 7. a t ji �d� r'u'y so -..,. -=..y,....-=„ W• r { t- - - - 740 gym , BOARD OF COUNTY COMMISSIONERS County of Monroe �� r Mayor James K.Scholl,District 3 The Florida Keys � Mayor Pro Tem Michelle Lincoln,District 2 C Craig Cates,District 1 " - David Rice,District Holly Merrill Raschein,District 5 January 3, 2025 South Cliff Holdings, LLC Francisco J. Pla, Authorized Member 1527 Shaw Drive Key Largo, FL 33037 Frank122162@yahoo.com Re: South Cliff Estates—Purchase and Sale To Whom it May Concern: The Board of County Commissioners approved a Purchase and Sale Agreement between Monroe County ("County") and South Cliff Holdings, LLC ("South Cliff") effective August 12, 2024, for the purchase of the property located at 95295 Overseas Highway,Key Largo,FL(Parcel ID No. 00484390- 000000). Pursuant to Paragraph 3 of the Purchase and Sale Agreement, the closing date was set for December 31, 2024, or an earlier date. The County was ready, willing and able to close. As you are aware, South Cliff was unable to meet the conditions precedent required to close the transaction. Pursuant to Paragraph 15 of the Purchase and Sales Agreement, the County is requesting that said breach or default be cured. Should South Cliff be unable to cure the default within seven(7) days after the Closing Date, to wit: January 7, 2025, the County hereby terminates the Purchase and Sale Agreement on that date, subject to ratification by the Monroe County Board of County Commissioners. As previously discussed, County staff is amenable to discussing a future amendment reinstating the contract once South Cliff has determined a date by which it can meet the conditions precedent,provided such assurances can be provided in the near future. Should you have any questions please do not hesitate to contact us. Sincerely, Digitally signed by Christine Christine Hurley Hurley Date:2024.12.03 14:02:30-05'00' Christine Hurley County Administrator cc: Russell A. Yagel, Esq. emailed and mailed Gregory S. Oropeza, Esq. emailed Bob Shillinger, Esq. —emailed 741