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2018-30621 Resolution
RESOLUTION NO. 2O18-30621 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND.ADOPTING THE AMENDMENTS TO THE CITY OF MIAMI BEACH LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FY 16/17, 17/18, AND 18/19; AND APPROVING THE LHAP FOR FY 19/20, 20/21 AND 21/22, AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907 - 420.9079; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY NECESSARY CERTIFICATIONS; AND FURTHER AUTHORIZING THE ADMINISTRATION TO SUBMIT THE AMENDED LHAP TO THE FLORIDA HOUSING FINANCE CORPORATION (FHFC) FOR ITS REVIEW AND APPROVAL. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocates a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, § 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan (LHAP) outlining how funds will be used; and WHEREAS, on April 13, 2016, pursuant to Resolution No. 2016-29364, the Mayor and City Commission approved and adopted the City's LHAP for FY 16/17, 17/18 and 18/19, pursuant to the requirements of the Act and the SHIP Program Rule, issued by the Florida Housing Finance Corporation (FHFC); and WHEREAS, the City intends to leverage State and Federal funding allocations to acquire and rehabilitate a multi-family residential building to expand the City's affordable housing portfolio and to maximize funding sources and to meet expenditure deadlines; and WHEREAS, the City will be amending the current SHIP LHAP for FY 16/17, 17/18 and 18/19 to incorporate a strategy for acquisition and rehabilitation of a multi-family property; and WHEREAS, the Administration has prepared a draft for the FY 19/20, 20/21, 21/22, pursuant to the requirements of the Act and the SHIP Program Rule, issued by the Florida Housing Finance Corporation (FHFC); and WHEREAS, the Administration will present the drafted LHAP to the Affordable Housing Advisory Committee (AHAC) for review and recommendation, as AHAC did not meet quorum at the November meeting and it will be available for public comment on the City's website; and WHEREAS, the LHAP is due for initial review to the FHFC by March 1, 2019 and all housing incentive strategies must be adopted and approved by the Mayor and City Commission before March 31, 2019; WHEREAS, the final LHAP must be approved by the Mayor and City Commission and FHFC before May 2, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and adopt the amendments to,the City's Local Housing Assistance Plan (LHAP) for the State Housing Initiatives Partnership(SHIP) Program for FY 16/17, 17/18, and 18/19; and approve of the LHAP for FY 19/20, 20/21 and 21/22, as required by the State Housing Initiatives Partnership Program Act, subsections 420.907 - 420.9079; and authorize the Mayor and City Clerk to execute any necessary certifications; and further authorize the Administration to submit the amended LHAP to the Florida Housing Finance Corporation (FHFC) for its review and approval. Passed and adopted this la- day of ,D?C?m i,-eY , 2018. 4111011/h BAN GELBER, MAYOR ATTEST: 2 RAF EL E. GRANADO, ITY L te;1',"*"'‘‘‘‘‘‘Nth INCORp •ORATED: . � • •........ APPROVED AS TO FORM & LANGUAGE & FOR X UTION City Attomey Date Resolutions- C7 D MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: December 12, 2018 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE AMENDMENTS TO THE CITY OF MIAMI BEACH LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FY 16/17, 17/18, AND 18/19 AND APPROVING THE PLAN FOR FY 19/20, 20/21 AND 21/22, AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907 - 420.9079; AUTHORIZING EXECUTION OF ANY NECESSARY CERTIFICATIONS BY THE MAYOR AND THE CITY CLERK; AND FURTHER AUTHORIZING THE ADMINISTRATION. TO SUBMIT THE AMENDED LHAP TO THE FLORIDA HOUSING FINANCE CORPORATION (FHFC) FOR ITS REVIEW AND APPROVAL. RECOMMENDATION To approve the resolution. BACKGROUND The State Housing Initiatives Partnership Program (SHIP), administered through the Florida Housing Finance Corporation (FHFC),was established in 1992 by the William E. Sadowski Affordable Housing Act to stimulate the production of affordable housing statewide. SHIP Program funds are derived from documentary stamp levies on real estate transactions and held in the SHIP Program Trust Fund. Annually, FHFC allocates SHIP program funds among participating jurisdictions on a formula basis. SHIP program funds serve to increase access to affordable housing for income-eligible participants. Entitlement communities receiving SHIP funds are required to produce and file a Local Housing Assistance Plan (LHAP) which governs each community's use of SHIP funds. A new LHAP must be filed every three years. The LHAP delineates the strategies that will be employed to increase the availability of affordable housing for income- eligible residents within the jurisdiction. On April 13, 2016, the City Commission approved Resolution No. 2016-29364 adopting the LHAP for State FY 16/17 through 18/19.The current plans provide for the use of SHIP funds utilizing the five strategies.Additionally, the SHIP program guidelines impose certain restrictions requiring that funds be allocated as follows: • At least 75% of the overall funds must be used for construction, rehabilitation or emergency repairs of affordable,eligible housing; • At least 65% of the overall funds must be used for homeownership activities (homebuyer activities or owner- occupied rehabilitation projects); • At least 30%of the overall funds must be reserved for activities that benefit low-income households; • At least 30%of the overall funds must be reserved for activities that benefit very-low income households;and • At least 20%of overall funds must be utilized to assist households with a disabled member. Page 352 of 1751 During the LHAP's three-year term, a jurisdiction may elect to use the funds for an eligible activity that is not included in its approved strategies,but it must amend its strategies to include the new activities and submit the amended LHAP to the State for approval. ANALYSIS An opportunity to add to the City's affordable housing stock has materialized as a result of the City's resolution of past compliance issues with the U.S. Department of Housing and Urban Development(HUD). On July 2,2018, City Commission approved Resolution No. 2018-30374, approving, in part, the Third Amendment to the General Fund budget for FY 17/18. The amendment appropriated$1,079,000 from the General Fund to be used for the repayment to U.S. Department of Housing and Urban Development(HUD)to comply with the completed Office of the Inspector General Audit,as recommended by Letter to Commission(580-2017)on December 5,2017. In its letter to the City of August 6, 2018, HUD's Community Planning and Development Division (CPD) provided wiring instructions for the repayment of the federal funds. The instructions further explained that these funds would return to the City's Line of Credit Control System (LOCCS) and be available for expenditure by the City in compliance with expenditure rules and deadlines prescribed by the Community Development Block Grant(CDBG) and HOME Investment Partnership (HOME) programs. HUD requires its entitlement jurisdictions to ensure that funded activities are carried out in the defined project scope and within the timeframe allowed by each program. On October 17,2018, pursuant to Resolution No.2018-30551,the Mayor and Commission approved the purchase of a multi-family residential building for affordable housing in an amount not to exceed$1,079,000. SHIP's specific expenditure guidelines pose challenges in communities like ours with high property values and limited stock. The City has expended $208,247.78 in Purchase Assistance with Rehab and $38,823.68 in the Owner-Occupied Rehabilitation categories. Staff is working with local area mortgage companies, and lenders to leverage resources and serve these households seeking homeownership. The Office of Housing and Community Services (HCS) has collaborated with the Office of Communications to promote the existing programs to prospective homeowners, including City employees, educators and the public-at-large. HCS has also distributed information for the owner-occupied rehabilitation program to all homeowners receiving homestead exemptions throughout the City. HCS expended $13,027 in homeownership counseling funds in August 2018 and provided five (5) workshops for potential homeowners. These efforts were also promoted via social media and press release. The Administration is also proposing the addition of a new strategy to the current LHAP of FY 16/17- 18/19 that will provide the City with the ability to acquire and rehabilitate a multi-family housing property to increase the City's affordable housing portfolio. A. Owner-Occupied Rehabilitation B. Disaster Repair C. New Construction D. Purchase Assistance with Rehab E. Demolition/ Reconstruction F. Emergency Repair G. Foreclosure Prevention H.Acquisition/ Rehabilitation I. Land Acquisition J. Rental Development The LHAP will also incorporate the newly-adopted incentive strategies adopted by the City Commission, pursuant to Ordinance No. 2017-4148, to encourage private developers for affordable Page 353 of 1751 housing unit size and Parking Requirement. The Ordinance further facilitates new construction or rehabilitated housing units for low and/or moderate-income housing for elderly and non-elderly persons by reducing the parking requirements. The Plan must be submitted for initial review to the FHFC by March 1, 2019. Any amendments to incorporate strategies must be adopted by March 31, 2019. The final LHAP approval must be submitted to the FHFC by May 2, 2019. ' The City is drafting a proposed Plan for review by the Affordable Housing Advisory Committee (AHAC) and the Plan will be available for public comment on the City's website. CONCLUSION The expansion of programmatic strategies will provide the City flexibility to expend SHIP funds in a timely manner while adding additional affordable units to its inventory. As such, the Administration recommends approval. KEY INTENDED OUTCOMES SUPPORTED Ensure Workforce Housing For Key Industry Workers Is Available In Suitable Locations Legislative Tracking Housing and Community Services ATTACHMENTS: Description ❑ LHAPAMENDMENT2018 ❑ LHAP FY 19-22 ❑ LHAP MEMO Page 354 of 1751 elD (o16 ,24 ,2 u l8'-30 21 City of Miami Beach SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS 2016-2017, 2017-2018 and 2018-2019 Amended 12/12/2018 MFA.fv { - 1 - ti Table of Contents Description Page # Section I, Program Details 3 Section II, Housing Strategies 9 A. Owner-Occupied Rehabilitation: 9 B. Disaster Mitigation Recovery 11 C. New Construction 13 D. Purchase Assistance 15 E. Rental Housing Development 17 F. Acquisition/ Rehabilitation 19 Section III, Incentive Strategies 18 A. Expedited Permitting 18 B. Ongoing Review Process 18 C. Affordable Housing Unit Size and Parking Requirements 19 Exhibits 21 A. Administrative Budget for each fiscal year covered in the Plan B. Timeline for Estimated Encumbrance and Expenditure C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan D. Signed LHAP Certification E. Signed, dated, witnessed or attested adopting resolution -2 - Program Details: A. Name of the participating local government: City of Miami Beach Is there an Interlocal Agreement: Yes No X B. Purpose of the program: 1. To meet the housing needs of the very low-, low-, and moderate-income households; and 2. To expand production of and preserve affordable housing; and 3. To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: FY 2016-2017, FY 2017-2018, and FY 2018-2019 D. Governance: The SHIP Program (the "Program") is established in accordance with Section 420.907-9079, of the Florida Statutes, and Chapter 67-37of the Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons and community groups. In its efforts to expand affordable housing opportunities, the City of Miami Beach works to establish and build a relationship with a designated Community Housing Development Organization (CHDO). F. Leveraging: -3 - The Plan is intended to increase the availability of affordable residential units by combining local resources and cost-saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with, or used to supplement, other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The City of Miami Beach is an Entitlement Community that receives HOME and CDBG funds from the U.S. Department of Housing and Urban Development (HUD), which are used in combination with other local funds, to leverage SHIP funds to increase affordable housing opportunities and reduce the cost of housing in the City. G. Public Input: Public input is solicited through face to face meetings with housing providers, social service providers, local lenders, and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least thirty (30) days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. Additionally, the City's outreach efforts will include public workshops, special meetings with various social service agencies, the City website, and meetings with various City departments. I. Waiting List/Priorities: A waiting list will be established when there are eligible applicants for strategies that no longer have funding available. Those households on the waiting list will be notified of their status. Applicants will be maintained in an order that is consistent with the time applications were submitted as well as any established funding priorities as described in this Plan. Priorities for funding described/listed here apply to all strategies unless otherwise stated in the strategy: Special Needs and Essential Services Personnel applicants. -4 - J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. Further, the City does not discriminate on the basis of sexual identity or orientation. K. Support Services and Counseling: Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling, Credit Counseling, Tenant Counseling, Legal Counseling and Fair Housing Counseling. All counseling will be provided through qualified HUD-approved agencies. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: X U.S. Treasury Department Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousing.orq. "Affordable" means that monthly rents or mortgage payments including taxes and insurance do not exceed thirty (30) percent of that amount which represents the percentage of the median annual, gross income for the - 5 - households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an individual household's ability to devote more than thirty (30) percent of its income for housing, and housing for which a household devotes more than thirty (30) percent of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the thirty (30) percent benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. 0. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the Local Housing Assistance Plan assisting rental developments shall periodically monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $10,000 or less shall not be subject to these annual monitoring and determination of tenant Program eligibility requirements. Tenant eligibility will be monitored annually for no less than thirty (30) years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before thirty (30) years or that have remaining mortgages funded under the Program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by Program eligible persons. P. Administrative Budget: A line-item budget of proposed Administrative Expenditures is attached as Exhibit A. The moneys deposited in the Local Housing Assistance Trust Fund shall be used to administer and implement the Local Housing Assistance Plan. - 6 - Section 420.9075, Florida Statutes and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the five (5) percent limitation on administrative costs, unless its governing body finds, by resolution, that five (5) percent of the local housing distribution plus five (5) percent of program income is insufficient to adequately pay the necessary costs of administering the Local Housing Assistance Plan." Section 420.9075, Florida Statutes and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed ten (10) percent of the local housing distribution plus five (5) percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to ten (10) percent of program income for administrative costs." The City of Miami Beach has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the Local Housing Assistance Plan will be wholly performed and maintained by the City of Miami Beach. The Office Housing & Community Services is the department responsible for carrying out the strategies under the SHIP LHAP. R. Project Delivery Costs: In addition to the administrative costs listed above, the City of Miami Beach will charge reasonable project delivery costs to cover project estimates/construction estimates and project inspections, which will be performed by independent contractors for construction projects. The fee will not exceed $5,000 and will be included in the loan amount, evidenced by a promissory note ("Note"), and secured by a recorded Mortgage and Security Agreement ("Mortgage"); and Declaration of Restrictive Covenants.. S. Essential Service Personnel Definition: "Essential Service Personnel" are defined as income-eligible employees of Miami Beach businesses and organizations in the following industries: 1. Accommodations and Food Services (including arts, entertainment, and recreation); and 2. Retail Trade; and 3. Public Administration (including City of Miami Beach employees); and 4. Healthcare; and -7- 5. Emergency First Responders. T. Incorporation of Green Building and Energy Saving products and processes: The City of Miami Beach is committed to making the housing stock more energy efficient. Therefore, the City will require the use of the following features when economically feasible in the construction/rehabilitation of homes: 1. Water-conserving appliances and fixtures (toilets, showerheads, and faucets); and 2. Energy star appliances; and 3. Efficient lighting on both the interior and exterior of homes; and 4. Upgrading of insulation materials (attics, walls, roofing); and 5. Tankless water heaters; and 6. Air conditioning with a higher SEER rating. U. Describe efforts to meet the 20% Special Needs set-aside: The City will add Special Needs qualification questions to its program eligibility application and utilize the City's various communications resources (including its website, Facebook, Twitter, and e-newsletter) to advise the community of this resources. In addition, the Office of Housing and Community Services (City department responsible for SHIP Program administration) operates the Success University Program. This program is a comprehensive family support program that assists low-income families with various needs, including housing and food. Through this program, which partners with more than 30 community-based human services and support agencies, there is an increased opportunity for identification and referral of eligible households. V. Describe efforts to reduce homelessness: The Office of Housing and Community Services is the City department responsible for the Homeless Outreach Division. As such, it has direct contact with individuals who are homeless and living in the streets, as well as individuals/families that are facing the threat of homelessness. Working in conjunction with other agencies providing certain support services, there is an opportunity to identify households which may be assisted through participation in the SHIP Program; especially those households being provided with employment and credit repair assistance. The City purchases emergency shelter beds and sets aside General Funds in order to provide down payment and security deposits for eligible households transitioning from homelessness. - 8- • II. LHAP Strategies: A. Owner-Occupied Rehabilitation: Code 3 a. Summary of the Strategy: Rehabilitation/Repair of single-family (including condominiums), owner-occupied housing. "Rehabilitation" will be defined as repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, structural or systems faults, or the creation of additional living space. Cosmetic items may be included on projects if funds are available after completing all required repairs. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low, very low, low, or moderate-income. d. Maximum award: $70,000 e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to an approved Program eligible heir); or (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved payment terms) without the written consent of the City - 9 - i Manager, or (b) borrower/owner fails to occupy the property as a primary home. Once due, the total loan amount shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a repayment. If the owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to.the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population. g. Sponsor Selection Criteria: NA h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. - 10 - B. Disaster Mitigation Code 5 a. Summary of Strategy: Emergency Assistance to eligible households after the occurrence of a disaster declared by Executive Order (President of the United States or Governor of the State of Florida). In the event of a disaster, the City will commit available unencumbered SHIP funds, as well as other disaster funds that may become available through the Florida Housing Finance Corporation or any other emergency funding sources. Disaster funds may be used for, but not limited to, the following: 1) Purchase of emergency supplies; weatherproofing a damaged home; 2) Interim repairs to prevent further damage; tree and debris removal to make the housing unit habitable; 3) Payment, of insurance deductibles for rehabilitation of homes covered under homeowners' insurance policies; and 4) Other activities as proposed by the Federal Government, counties and eligible municipalities-and approved by Florida Housing Finance Corporation. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low, very low, low, or moderate-income. d. Maximum award: $40,000 e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred loan, evidenced by a Note, and secured by a recorded Mortgage and Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgivable at the end of the term. paid. - 11 - 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to an approved Program eligible heir); or (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved payment terms) without the written consent of the City Manager, or (b) borrower/owner fails to occupy the property as a primary home. Once due, the total loan amount shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a repayment. If the owner sells or transfers the property , the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner (the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. g. Sponsor Selection Criteria: NA h. Additional Information: Mobile homes and trailers are not eligible for - 12 - this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. C. New Construction Code 10 a. Summary of Strategy: To develop homeownership opportunities to assist eligible buyers to purchase affordable housing in Miami Beach. Funds will be provided to developers to be used to finance the costs associated with site acquisition/development, and hard and soft construction costs. The developer will deliver at least one housing unit for each maximum award that is allocated for the property construction. The property must be sold to an income-eligible homebuyer. Upon sale, the SHIP funding obligations will be passed to the homebuyer and secured by a note and mortgage. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low, very low, low, or moderate-income. d. Maximum award: $40,000 e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the followingoccurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to a Program eligible heir residing on the property); or(iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved - 13 - payment terms), or (b) borrower/owner fails to occupy the property as a primary home. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage, with the exception of the Profit Recapture Provision, which survives to the extent of a surplus. In the event the City is the only lender funding the purchase of the property, the restrictive covenants shall continue to apply to subsequent purchasers/transferees of the property until the Affordability Period expires. If the owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner (the "Right of First Refusal"). If the City does not exercise the Right of First Refusal within 60 days, the owner may proceed to sell the property. Upon the sale or transfer of the property, the owner will be required to pay the City a share of the profit realized from the sale or transfer of the property ("Profit Recapture Provision"), as follows: If the sale or transfer occurs between the first and fifth year, the City shall be paid a percentage of the profit, based upon the percentage of the City's contribution to the purchase of the property, calculated by dividing the amount of the City's mortgage by the total sales price for the property; to wit: if the sales price for the property was $100,000 and the City provided a $50,000 mortgage, the City shall be paid 50% of the profit; If the sale or transfer occurs between the fifth and tenth year, the City shall be paid fifty percent (50%) of the profit; and if the sale or transfer occurs between the eleventh and fifteenth year, the City shall be paid twenty-five percent (25%) of the profit. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six(6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. - 14 - f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. f. Sponsor Selection Criteria: Developers will respond to an RFP process which will require confirmation of the developer's experience, financial capacity, site control, and ability to secure all necessary funds to proceed. g. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. D. Purchase Assistance Codes 1, 2 a. Summary of Strategy: Down payment, closing cost and rehabilitation assistance for the purchase of new or existing housing, and the rehabilitation of those properties, for first-time homebuyers. A first-time homebuyer is defined as a purchaser that has not owned a home in at least the last three (3) years. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low, very low, low, or moderate-income. d. Maximum award: 1. $50,000 (Moderate-Income) 2. $100,000 (Low and Very Low-Income) 3. $150,000 (Extremely Low-Income) e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and Declaration of Restrictive Covenants, delineating the recapture - 15 - period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to a Program eligible heir residing on the property); or (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved payment terms), or (b) borrower/owner fails to occupy the property as a primary home. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate")from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage, with the exception of the Profit Recapture Provision, which survives to the extent of a surplus. In the event the City is the only lender funding the purchase of the property, the restrictive covenants shall continue to apply to subsequent purchasers/transferees of the property until the Affordability Period expires. If the owner sells or transfers the property prior to the expiration of the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner (the "Right of First Refusal"). If the City does not exercise the Right of First Refusal within 60 days, the owner may proceed to sell the property. Upon the sale or transfer of the property, the owner will be required to pay the City a share of the profit realized from the sale or transfer of the property ("Profit Recapture Provision"), as follows: If the sale or transfer occurs between the first and fifth year, the City shall be paid a percentage of the profit, based upon the percentage of the City's contribution to the purchase of the property, calculated by dividing the amount of the City's mortgage by the total sales price for the property; to wit: if the sales price for the property was $100,000 and the City provided a $50,000 mortgage, the City shall be paid.50% of the profit; If the sale or transfer occurs between the fifth and tenth year, the City shall be paid fifty percent (50%) of the profit; and if the sale or transfer occurs between the eleventh and fifteenth year, the City shall be paid twenty-five percent (25%) of the profit. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to - 16- recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. g. Sponsor Selection Criteria: NA h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. E. Rental Development Code 14 a. Summary of Strategy: Funds will be provided to for-profit and non-profit developers to be used to finance the costs of acquisition and/or the hard and soft costs of rehabilitating multi-family buildings. Funds will also be utilized for the acquisition and/or rehabilitation of multi-family buildings owned and operated by the City. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low, very low, low, or moderate-income. d. Maximum award: $40,000/Unit - 17 - e. Terms: 1. Loan/deferred loan/grant: Funds will be awarded as a deferred Loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Thirty (30) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if the property is mortgaged, sold or transferred, or the property fails to be used for affordable housing during the Affordability Period. For properties owned by developers, where funding was provided for acquisition, the City may impose a reverter provision at the end of the term, when the property is not subject to any limitations by superior lienholders, if it is found to be in the best interest of City to maintain the affordable housing beyond the Affordability Period when the developer is converting the project to market rate development. The reverter clause may not be imposed if the recipient volunteers to keep a negotiated percentage of the units affordable to very low, low and moderate-income households. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants survives any proceedings in foreclosure, bankruptcy probate or any other proceedings at law or in equity. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner (the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. - 18- f. Recipient Selection Criteria: All tenants of properties assisted with SHIP funds must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. g. Sponsor/Developer Selection Criteria: Developers will respond to an RFP process which will require confirmation of the developer's experience, financial capacity, site control, and ability to secure all necessary funds to proceed. h. Additional Information: Assisted properties must be located within the City of Miami Beach corporate limits. F. Acquisition/Rehabilitation Code 14 a. Summary of Strategy: Funds will be provided to for-profit and non-profit developers to be used to finance the costs of acquisition and/or the hard and soft costs of rehabilitating multi-family buildings. Funds will also be utilized for the acquisition and/or rehabilitation of multi-family buildings owned and operated by the City. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: Extremely low, very low, low, or moderate-income. d. Maximum award: $40,000/Unit/ $400,000 per property e. Terms: 1. Loan/deferred loan/grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Thirty (30) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: - 19 - Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if the property is mortgaged, sold or transferred, or the property fails to be used for affordable housing during the thirty (30) year term. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. For properties owned by developers, where funding was provided for acquisition, the City may impose a reverter provision at the end of the term, when the property is not subject to any limitations by superior lienholders, if it is found to be in the best interest of City to maintain the affordable housing beyond the Affordability Period when the developer is converting the project to market rate development. The reverter clause may not be imposed if the recipient volunteers to keep a negotiated percentage of the units affordable to very low, low and moderate-income households. The Declaration of Restrictive Covenants survives any proceedings in foreclosure, bankruptcy probate or any other proceedings at law or in equity. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. f. Recipient Selection Criteria: All tenants of properties assisted with SHIP funds must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. I. Sponsor/Developer Selection Criteria: Developers will respond to an RFP process which will require confirmation of the developer's experience, financial capacity, site control, and ability to secure all necessary funds to proceed. j. Additional Information: Assisted properties must be located within the City of Miami Beach corporate limits. III. LHAP Incentive Strategies -20 - A. Name of the Strategy: Expedited Permitting Permits, as defined in s. 163.3177 (6) (f) (3) for affordable housing projects, are expedited to a greater degree than other projects. This incentive gives priority to designated affordable housing projects when scheduling pre-design conferences with relevant City agencies including, but not limited to: Fire Department, Planning Department and Zoning Department, Building Department, Historic Preservation Board, and the Office of Housing and Community Services (HCS). Also, when the plans are ready for permitting, first priority is given. The City will develop a form to identify the projects reviewed by the HCS, The incentive was enacted by administrative action in February 1997. B. Name of the Strategy: Ongoing Review Process This incentive provides for an ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. Prior to the adoption of any proposed policy, procedure, ordinance, development plan, regulation, or Comprehensive Plan amendment that might impact housing, the City evaluates its potential effect and cost on affordable housing through the Director of the Office of Housing and Community Services (HCS). The HCS may present proposed legislation to applicable City boards and committees for their review as they may impact housing. C. Other Incentive Strategies Adopted: Affordable Housing Unit Size and Parking Requirements, Ordinance No. 2017-4148 The reduction of parking requirements for new construction or rehabilitated housing units for low- and/ or moderate-income housing for elderly and non-elderly persons. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated, witnessed or attested adopting resolution. -21 - to I erg SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] poridouOng City of Miami Beach SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2019-2020, 2020-2021, 2021-2022 AAIAMIBEACH • SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida Housing Table of Contents Description Page # Section I, Program Details 3 Section II, Housing Strategies 8 A. Owner Occupied Rehabilitation \ 8 B. Disaster Repair 10 C. New Construction 12 D. Purchase Assistance with Rehab 13 E. Demolition/ Reconstruction 15 F. Emergency Repair 17 G. Foreclosure Prevention 18 H. Acquisition/ Rehabilitation 20 I. Land Acquisition 21 J. Rental Development 22 Section III, Incentive Strategies 24 A. Expedited Permitting 24 B. Ongoing Review Process 24 C. Affordable Housing Unit Size and Parking Requirements 24 Exhibits 24 A. Administrative Budget for each fiscal year covered in the Plan 25 B. Timeline for Estimated Encumbrance and Expenditure 26 27 C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan 30 D. Signed LHAP Certification E. Signed, dated, witnessed or attested adopting resolution 31 F. Ordinance: (If changed from the original creating ordinance) 32 G. Mortgage Agreement/ Promissory Note/ Restrictive Covenant 53 H. Procurement Policy 63 69 I. Affordable Housing Statute -2 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida..........ousing • I. Program Details: A. LG(s) Name of Local Government City of Miami Beach Does this LHAP contain an interlocal No agreement? If yes, name of other local government(s) B. Purpose of the program: • To meet the housing needs of the very low-, low- and moderate-income households; • To expand production of and preserve affordable housing; and • To further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2019-2020, 2020-2021, 2021-2022 D. Governance: The SHIP Program (the "Program") is established in accordance with §420.907-9079, Florida Statutes and Chapter 67-37 of the Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community-based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low-income persons, real estate professionals, persons or entities that can provide housing or support services and lead agencies of the local continuums of care. In its efforts to expand affordable housing opportunities, the City of Miami Beach works to establish and build a relationship with a designated community-based housing provider. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The City of Miami Beach is an Entitlement Community that receives Home Investment Partnership Program (HOME) and Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD), which are used in combination with other local funds, to leverage State Housing Initiatives Partnership (SHIP)funds to increase affordable housing opportunities and reduce the cost of housing in the City. G. Public Input: Public input was solicited through the City's website in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. -3 - SHIP LHAP Template 2016-001 [eft Date 9/11/2018] Florida Housing Additionally, the City's outreach efforts will include public workshops, special meetings with various human services agencies, the City's website, and social media, among others. I. Waiting List/Priorities: A waiting list will be established when there are eligible applicants for strategies that no longer have funding available. Those households on the waiting list will be notified of their status. Applicants will be maintained in an order that is consistent with the time applications were submitted as well as any established funding priorities as described in this plan. The following priorities for funding described/listed here apply to all strategies unless otherwise stated: Special Needs Essential Services Personnel J. Discrimination: In accordance with the provisions of §760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. Additionally, the City of Miami Beach Human Rights Ordinance, as codified in Chapter 62 of the City Code, prohibits discrimination in employment, housing, public accommodations, or public services, on the basis of actual or perceived race, color, national origin, religion, sex, intersexuality, sexual orientation, gender identity, familial and marital status, age, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, political affiliation, or disability. K. Support Services and Counseling: Support services are available from various community sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling, Foreclosure Counseling and Transportation. This information will be provided to program applicants. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: U.S. Treasury Department x Local HFA Numbers M. Income Limits, Rent Limits and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted at www.floridahousino.orq. "Affordable"means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for households as indicated in § 420.9071. However, it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing. Housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments -4- SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida Housing in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: If an eligible sponsor is used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed. This shall include a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant Program eligibility. However, any loan or grant in the original amount of$10,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 30 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 30 years or that have remaining mortgages funded under the Program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. If a foreclosure action is instituted against the Premises, or the Owner wishes to sell the Premises during the Affordability Period, the Owner shall give to the City, or its assignee, the first right to purchase the Premises (the "Right of First Refusal") at the current market value for continued occupancy by Program eligible persons. P. Administrative Budget: A line-item budget is attached as Exhibit A. The city/county finds that the monies deposited in the local housing assistance trust fund are necessary to administer and implement the local housing assistance plan. §420.9075, Florida Statutes and Chapter 67-37, Florida Administrative Code, state: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." §420.9075, Florida Statutes and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs."The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be performed by: Entity Duties Percentage Local Government Income certification of applicants, annual reporting, fiscal 100% management, marketing and outreach. Third Party N/A - 5 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida-Housing Entity/Sub-recipient R. Project Delivery Costs: In addition to the administrative costs listed above, the City will charge reasonable project delivery costs to cover project estimates/construction estimates and project inspections, which will be performed by independent contractors for construction projects. The fee will not exceed $5,000 and will be included in the loan amount, evidenced by a promissory note ("Note"), and secured by a recorded Mortgage and Security Agreement ("Mortgage") and Declaration of Restrictive Covenants. S. Essential Service Personnel Definition: "Essential Service Personnel" are defined as income-eligible employees of Miami Beach businesses and organizations in the following industries: 1. Educators and those employed in the education institutions; and 2. Artists and those employed in artist organizations; and 3. Accommodations and Food Services (including arts, entertainment, and recreation); and 4. Retail Trade; and 5. Public Administration (including City of Miami Beach employees); and 6. Healthcare. T. Describe efforts to incorporate Green Building and Energy Saving products and processes: The City is committed to making the housing stock more energy efficient. Therefore, the City will require the use of the following features when economically feasible in the construction/rehabilitation of homes: 1. Low or No-VOC paint for all interior walls (low-VOC means 50 grams per liter or less for flat; 150 grams per liter or less for non-flat paint); 2. Low-flow water fixtures in bathrooms- WaterSense labeled products or the following` specifications: Toilets: 1.28 gallons/flush or less, Urinals: 0.5 gallons/flush, Lavatory Faucets: 1.5 gallons/minute or less at 60 psi flow rate, Showerheads: 2.0 gallons/minute or less at 80 psi flow rate; 3. Energy Star certified refrigerator; 4. Energy Star certified dishwasher; 5. Energy Star certified ventilation fan in all bathrooms; 6. Water heater minimum efficiency specifications: • Residential Electric: • Up to 55 gallons= .95 EF or .92 UEF; or • More than 55 gallons= Energy Star certified; or • Tankless= Energy Star certified; 7. Energy Star certified ceiling fans with lighting fixtures in bedrooms; 8. Air conditioning (choose in-unit or commercial): >_8.5 HSPF/>-15 SEER/>_12.5 EER for split systems Central Air Conditioners- Energy Star certified: >_15 SEER/>_12.5 EER for split systems 9. Efficient lighting on both the interior and exterior of homes; and - 6 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida ousmg 10. Caulk, weather-strip, or otherwise seal all holes, gaps, cracks, penetrations and electrical receptacles in building envelope; and 11. Insulate heating and cooling system ducts and seal airtight in accordance with §403.29 of the Florida Building Code-Energy Conservation. ' U. Describe efforts to meet the 20% Special Needs set-aside: The City will add Special Needs qualification questions to its program eligibility application and utilize the City's various communications resources (including its website, Facebook, Twitter, and e- newsletter)to advise the community of this resources. In addition, the Office of Housing and Community Services (City department responsible for SHIP Program administration) operates the Success University Program and the Parent Child Home Program. These programs are comprehensive family support programs that assist low-income families with various needs, including housing and food. The programs partner with more than 30 community-based human services and support agencies and offer an increased opportunity for identification and referral of eligible households. The City also serves as a Department of Children and Families ACCESS Center and will provide referral information to households receiving SSI/SSDI and other benefits. V. Describe efforts to reduce homelessness: The Office of Housing and Community Services is the City department responsible for the Homeless Outreach Program. As such, it has direct contact with individuals who are homeless and living in the streets, as well as individuals/families that are facing the threat of homelessness. The City provides the following services: shelter beds, relocation services, identification document replacement services, and rent assistance to serve its homeless population. The current efforts balance accountability, compassion and efficacy while expecting the same from those the City serves. Our community is one of the leaders in the County in its municipal efforts to address homelessness and curb its impacts. As one of only two municipal teams in the County, our City is the only municipality that staffs a Homeless Outreach Team (HOT) and operates a walk-in center. The City is leading local efforts to move away from the traditional case management model that centralizes services through a third party (not the client) to a care coordination model that empowers clients to take charge of their livesand creates the culture and skill-set to discourage the return to homelessness. Rather than following, our community has chosen to take the lead in ending homelessness. The City has created a comprehensive homeless strategy that emphasizes personal accountability, intradepartmental collaboration and innovation that responds to our community's unique needs and assets while firmly founded upon compassion, integrity and efficacy. We have: • Increased the number of shelter beds bought by the City and engaged more shelters to ensure that we can offer the appropriate, culturally-competent support to any homeless person seeking to end their homelessness. • Expanded our outreach team from seven (7) staff members to 10 and rolled back our starting time to 7:30am to shorten the service time for those wishing to leave the streets behind. -7- • SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida °using • Created the Client Management Information System (CIMS) to document and track our engagement and service efforts with the homeless so that we build on our efforts without duplicating services while simultaneously ensuring integrity and accountability in the use of City resources and expecting integrity and accountability in return from those who benefit from our services. • Engaged members of the faith community to join our outreach team because sometimes what led to a person's homelessness cannot be fixed solely with the provision of a bed and food. • Trained our emergency shelter partners on care coordination services so that clients take ownership of their personal success while having the supports and knowledge at their disposal to leave homelessness with an expectation —and the skills— not to return to the streets. • The City is the only outreach team in the County that employs the homeless it places in shelter to serve as ambassadors to engage the homeless that remain on the streets. Through this program piloted in FY 16/17, the homeless are able to strengthen their engagement skills and transition back into an employment culture while looking for full-time employment and earning much- needed money to buy interview clothes and personal items. In turn, the City obtains the insight and knowledge base familiar with living in the streets and identifies the places and mindsets of those who remain for us to engage. This win/win model has also succeeded in shortening the length of time between placement in shelter and the securing of permanent employment. • Encouraged intradepartmental collaboration between Police and HOT so that the first approach to those who are breaking our laws because they see themselves as homeless is to offer them shelter and the opportunity to end their homelessness -- rather than encourage a passive acceptance of their circumstances as an intractable fate. . It is worth noting that, since implementing our current strategies, we have eliminated the running shelter waitlist the Administration inherited. Our processes emphasize personal responsibility and provide the tools for independence while moving away from a traditional welfare-dependent model that fails to address the factors that led to homelessness. Working in conjunction with other agencies providing certain support services, there is an opportunity to identify households which may be assisted through participation in the SHIP Program; especially those households being provided with employment and credit repair assistance. Section II. LHAP Strategies: A. Owner-Occupied Rehabilitation Code 3 a. Summary: Rehabilitation/Repair of single-family (including condominiums), owner-occupied housing. "Rehabilitation" will be defined as repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, structural or systems faults, or the creation of additional living space. Cosmetic items may be included on projects if funds are available after completing all required repairs. b. Fiscal Years Covered: 2019-2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low-, Very low-, low- and moderate-income households d. Maximum Award: $ 70,000 - 8- SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida ousing e. Terms 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15)years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to an approved Program eligible heir); or (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved payment terms) without the written consent of the City Manager, or (b) borrower/owner fails to occupy the property as a primary home. Once due, the total loan amount shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate")from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage holder. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If the owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population. g. Sponsor Selection Criteria: NA - 9 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida °using h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. B. Disaster Repair Code 5 a. Summary: Emergency Assistance to eligible households after the occurrence of a disaster declared by Executive Order (President of the United States or Governor of the State of Florida). In the event of a disaster, the City will commit available unencumbered SHIP funds, as well as other disaster funds that may become available through the Florida Housing Finance Corporation or any other emergency funding sources. Disaster funds may be used for, but not limited to, the following: 1) Purchase of emergency supplies; weatherproofing a damaged home; 2) Interim repairs to prevent further damage; tree and debris removal to make the housing unit habitable; 3) Payment of insurance deductibles for rehabilitation of homes covered under homeowners' insurance policies; and 4) Other activities as proposed by the Federal Government, counties and eligible municipalities and approved by Florida Housing Finance Corporation. b. Fiscal Years Covered: 2019-2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low-, Very low-, low- and moderate-income households d. Maximum award: $40,000 e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to an approved Program eligible heir); or(iii) encumbered (voluntary or otherwise), - 10 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida ousiri.g mortgaged or refinanced (except as to a senior mortgage, for improved payment terms) without the written consent of the City Manager, or (b) borrower/owner fails to occupy the property as a primary home. Once due, the total loan amount shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate")from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage holder. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If the owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the"Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population. g. Sponsor Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. C. New Construction Code 10 a. Summary: To develop homeownership opportunities to assist eligible buyers to purchase affordable housing in Miami Beach. Funds will be provided to developers to be used to finance the costs associated with site acquisition/development, and hard and soft construction costs. The developer - 11 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida Housing will deliver at least one housing unit for each maximum award that is allocated for the property construction. The property must be sold to an income-eligible homebuyer. Upon sale, the SHIP Program funding obligations will be passed on to the homebuyer.. b. Fiscal Years Covered: 2019-2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low-, Very low-, low- and moderate d. Maximum award: $40,000 e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a)the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to a Program eligible heir residing on the property); or (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved payment terms), or (b) borrower/owner fails to occupy the property as a primary home. Upon the occurrence.of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage, with the exception of the Profit Recapture Provision, which survives to the extent of a surplus. In the event the City is the only lender funding the purchase of the property, the restrictive covenants shall continue to apply to subsequent purchasers/transferees of the property until the Affordability Period expires. If the owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner (the "Right of First Refusal"). If the City does not exercise the Right of First Refusal within 60 days, the owner may proceed to sell the property. Upon the sale or transfer of the property, the owner will be required to pay the City a share of the profit realized from the sale or transfer of the property ("Profit Recapture Provision"), as follows: If the sale or transfer occurs between the first and fifth year, the City shall be paid a percentage of the profit, based upon the percentage of the City's contribution to the purchase of the property, calculated by dividing the amount of the City's mortgage by the total sales price for the property; to wit: if the sales price for the property was $100,000 and the City provided a $50,000 mortgage, the City shall be paid 50% of the profit; If the sale or transfer occurs between the fifth and tenth year, the City shall be paid fifty percent (50%) of the profit; and if the sale or transfer occurs between the eleventh and fifteenth year, the City shall be paid twenty-five percent (25%) of the profit. - 12 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] ,m:a9 Florida ousing I.nnnaa te•pe•.a .an In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population. g. Sponsor Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. D. Purchase Assistance with Rehab Code 1 a. Summary: Down payment, closing cost and rehabilitation assistance for the purchase of new or existing housing, and the rehabilitation of those properties, for first-time homebuyers. A first-time homebuyer is defined as a purchaser that has not owned a home in at least the last three (3) years. b. Fiscal Years Covered: 2019-2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low-, Very low-, low- and moderate d. Maximum award: 1. $50,000 (Moderate-Income) 2. $100,000 (Low and Very Low-Income) 3. $150,000 (Extremely Low-Income) - 13 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida °using e. Terms 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan' amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to a Program eligible heir residing on the property); or (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved payment terms), or(b) borrower/owner fails to occupy the property as a primary home. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage, with the exception of the Profit Recapture Provision, which survives to the extent of a surplus. In the event the City is the only lender funding the purchase of the property, the restrictive covenants shall continue to apply to subsequent purchasers/transferees of the property until the Affordability Period expires. If the owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner (the "Right of First Refusal"). If the City does not exercise the Right of First Refusal within 60 days, the owner may proceed to sell the property. Upon the sale or transfer of the property, the owner will be required to pay the City a share of the profit realized from the sale or transfer of the property ("Profit Recapture Provision"), as follows: If the sale or transfer occurs between the first and fifth year, the City shall be paid a percentage of the profit, based upon the percentage of the City's contribution to the purchase of the property, calculated by dividing the amount of the City's mortgage by the total sales price for the property; to wit: if the sales price for the property was $100,000 and the City provided a $50,000 mortgage, the City shall be paid 50% of the profit; If the sale or transfer occurs between the fifth and tenth year, the City shall be paid fifty percent (50%) of the profit; and if the sale or transfer occurs between the eleventh and fifteenth year, the City shall be paid twenty-five percent (25%) of the profit. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving - 14 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] . w Florida ousing ............................... .................... heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population. g. Sponsor Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. E. Demolition/ Reconstruction Code 4 a. Summary: Funds will be awarded to assist households when the cost of repairing the home exceeds fifty(50) percent of the current property appraised value. b. Fiscal Years Covered: 2019-2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low, Very low-, low- and moderate-income households d. Maximum Award: $70,000 e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred Loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to a Program eligible heir residing on the property); or (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved - 15- SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida owing payment terms), or(b) borrower/owner fails to occupy the property as a primary home. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate ofitwelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of'Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage holder. If the owner sells or transfers the property during the Affordability Period, the City will be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plana Applicants will be selected from a waiting list on a first-qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population. g. Sponsor/Sub-recipient Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. F. Emergency Repair Code 6 a. Summary: Funds will be awarded to applicants in need of rehabilitation to their home, related to a repair that needs to be mitigated immediately. - 16- SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida °using • b. Fiscal Years Covered: 2019-2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low-, Very low-, low- and moderate-income households d. Maximum Award: $ 70,000 e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan Term: Fifteen (15) years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to a Program eligible heir residing on the property); or (iii) encumbered (voluntary ' or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved payment terms), or (b) borrower/owner fails to occupy the property as a primary home. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage holder. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If the owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the - 17- SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] • Flondousing transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population. g. Sponsor Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. G. Foreclosure Prevention Code 7 a. Summary: Funds will be provided to assist qualified homeowners with retaining their home and preventing foreclosure action of their first mortgage. Applicants must be delinquent at least two full monthly mortgage payments, in receipt of a letter from the mortgage notifying the applicant of delinquency and/or intent to foreclose. Eligible expenses include delinquent mortgage payments (principal, interest, taxes and insurance), special assessment fees from condominium and/or neighborhood associations, late fees and other customary fees associated with delivery costs (but excluding brokerage fees.) b. Fiscal Years Covered: 2019=2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low-, Very low-, low- and moderate d. Maximum award: $15,000 e. Terms: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan term: Fifteen (15)Years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if any of the following occurs during the Affordability Period: (a) the property is: (i) rented; (ii) sold or transferred, by operation of law or otherwise (except as to a Program eligible heir residing on the property); or (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as to a senior mortgage, for improved payment terms), or(b) borrower/owner fails to occupy the property as a primary home. Upon - 18- SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] •wvs Florida o,..ousm the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants terminates automatically upon the sale of the property pursuant to a mortgage foreclosure proceeding filed by a senior mortgage holder. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If the owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. In the event that title to the property is transferred by the death of the owner to a surviving heir, and said heir occupies the property as a principal residence, within six (6) months from the date of the owner's death and meets the SHIP Program eligibility requirements, as determined by the City Manager, in his reasonable discretion, the City will approve the transfer. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first-qualified, first-served basis. Special Needs households will be given priority funding until the City fulfills the minimum SHIP Program requirements for assistance to this target population. g. Sponsor Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. H. Acquisition/ Rehabilitation Code 9 a. Summary: Funds will be provided to for-profit and non-profit developers to be used to finance the costs of acquisition and/or the hard and soft costs of rehabilitating multi-family buildings. Funds will also be utilized for the acquisition and/or rehabilitation of multi-family buildings owned and operated by the City. - 19 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida ousing b. Fiscal Years Covered: 2019-2020, 2020-2021, 2021-2022 c. Income Categories to be served: Extremely low-, Very low-, low- and moderate d. Maximum award: $ 40,000 per unit/$400,000 per property e. Terms as to Developer Acquisitions/Rehabilitations: 1. Loan/Deferred Loan/Grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2.Interest Rate: 0% 3. Loan term: Thirty (30)Years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if the property is mortgaged, sold or transferred, or the property fails to be used for affordable housing during the thirty (30) year term. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate")from the due date until paid. For properties owned by developers, where funding was provided for acquisition, the City may impose a reverter provision at the end of the term, when the property is not subject to any limitations by superior lienholders, if it is found to be in the best interest of City to maintain the affordable housing beyond the Affordability Period when the developer is converting the project to market rate development. The reverter clause may not be imposed if the recipient volunteers to keep a negotiated percentage of the units affordable to very low, low and moderate-income households. The Declaration of Restrictive Covenants survives any proceedings in foreclosure, bankruptcy probate or any other proceedings at law or in equity. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. -20 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florid ousing f. Recipient Selection Criteria: All tenants of properties assisted with SHIP funds must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. g. Sponsor Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. With respect to acquisitions or rehabilitations for City-owned facilities, the City will execute and record a Declaration of Restrictive Covenants, reflecting that the property has to remain for use as affordable housing during the Affordability Period. I. Land Acquisition Code 20 a. Summary: Funds will be provided to for-profit and non-profit developers to be used to finance the costs of acquisition and/or the hard and soft costs of rehabilitating multi-family buildings. Funds will also be utilized for the acquisition and/or rehabilitation of multi-family buildings owned and operated by the City. b. Fiscal Years Covered: 2019-2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low-, Very low-, low- and moderate-income households d. Maximum award: $ 40,000 per unit e. Terms as to developer acquisitions or rehabilitations: 1. Loan/deferred loan/grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. 2. Interest Rate: 0% 3. Loan term: Thirty(30)Years ("Affordability Period") 4. Forgiveness: The loan will be forgiven at the end of the Affordability Period. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount will become due and owing if the property is mortgaged, sold or transferred, or the property fails to be used for affordable housing during the Affordability Period. For properties owned by developers, where funding was provided for acquisition, the City may impose a reverter provision at the end of the term, when the property is not subject to any limitations by superior lienholders, if it is found to be in the best interest of City to maintain the affordable housing beyond the Affordability Period when the developer is converting the project to market rate development. The reverter clause may not be imposed if the recipient volunteers to keep a negotiated percentage of the units affordable to very low, low and moderate-income households. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per -21 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida ousing I e.n• t'e •.a a annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants survives any proceedings in foreclosure, bankruptcy probate or any other proceedings at law or in equity. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. f. Recipient Selection Criteria: All tenants of properties assisted with SHIP funds must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. g. Sponsor Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. With respect to acquisitions or rehabilitations for City-owned facilities, the City will execute and record a Declaration of Restrictive Covenants, restricting the use of the property for affordable housing during the Affordability Period. 4. Rental Development Code 14 b. Summary: Funds will be provided tofor-profit and non-profit developers to be used to finance the costs of acquisition and/or the hard and soft costs of rehabilitating multi-family buildings. Funds will also be utilized for the acquisition and/or rehabilitation of multi-family buildings owned and operated by the City. b. Fiscal Years Covered: 2019-2020, 2020-2021, and 2021-2022 c. Income Categories to be served: Extremely low, Very low-, low- and moderate-income households d. Maximum award: $40,000 per unit/$400,000 per property e. Terms as to Developer Acquisitions or Rehabilitations: 1. Loan/deferred loan/grant: Funds will be awarded as a deferred payment loan, evidenced by a Note, and secured by a subordinate (unless the City is the sole lender) Mortgage and a Declaration of Restrictive Covenants, delineating the recapture period and terms. -22 - SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida Housing 2. Interest Rate: 0% 3. Loan term: Thirty(30)Years ("Affordability Period") 4. Forgiveness: The loan is forgiven at the end of the term. 5. Default/Recapture: Pursuant to the Declaration of Restrictive Covenants, the total loan amount shall become due and owing if the property is sold or transferred, mortgaged or the property fails to be used for affordable housing during the Affordability Period. For properties owned by developers, where funding was provided for acquisition, the City may impose a reverter provision at the end of the term, when the property is not subject to any limitations by superior lienholders, if it is found to be in the best interest of City to maintain the affordable housing beyond the Affordability Period when the developer is converting the project to market rate development. The reverter clause may not be imposed if the recipient volunteers to keep a negotiated percentage of the units affordable to very low, low and moderate-income households. Upon the occurrence of a default, the total loan amount shall become due and owing and shall accrue interest at the rate of twelve percent (12%) per annum ("Default Interest Rate") from the due date until paid. The Declaration of Restrictive Covenants survives any proceedings in foreclosure, bankruptcy probate or any other proceedings at law or in equity. In the event that a foreclosure proceeding is commenced against the property by a senior mortgage holder, the City will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursing a repayment. If owner sells or transfers the property during the Affordability Period, the City shall be given the first right to purchase the property based upon the same material terms being offered to the owner(the "Right of First Refusal"). The owner will be allowed to refinance a senior mortgage without having to pay off the City's loan, so long as the new loan amount does not exceed the then outstanding balance of the senior mortgage (without additional cash out) and will serve to lower the mortgage payment and/or interest rate. f. Recipient Selection Criteria: All tenants of properties assisted with SHIP funds must meet the eligibility requirements as stipulated in the applicable Florida Statutes, SHIP Rule, and this Plan. g. Sponsor Selection Criteria: N/A h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Assisted properties must be located within the City of Miami Beach corporate limits. With respect to acquisitions or rehabilitations for City-owned facilities, the City will execute and record a Declaration of Restrictive Covenants, reflecting that the property has to remain for use as affordable housing during the Affordability Period. III. LHAP Incentive Strategies -23 - • SHIP LHAP Template 2016-001 [eff. Date 9/11/2018] Florida_...._°using In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects. Provide a description of the procedures used to implement this strategy: B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. Provide a description of the procedures used to implement this strategy: C. Other Incentive Strategies Adopted: Affordable Housing Unit Size and Parking Requirements, Ordinance No. 2017-4148 The reduction of parking requirements for new construction or rehabilitated housing units for low- and/or moderate-income housing for elderly and non-elderly persons. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart(HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated, witnessed or attested adopting resolution. F. Ordinance: (If changed from the original creating ordinance). G. Interlocal Agreement. H. Other Documents Incorporated by Reference. -24 - Exhibit A ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A(2019) City of Miami Beach Fiscal Year: 2019-2020 Estimated SHIP Funds for Fiscal Year: $ 75,320.00 Salaries and Benefits $ 1,000.00 Office Supplies and Equipment $ - Travel Per diem Workshops, etc. $ 800.00 Advertising $ 2,000.00 Other* $ - Total $ 3,800.00 Admin % 5.05% OK Fiscal Year 2020-2021 Estimated SHIP Funds for Fiscal Year: $ 75,320.00 Salaries and Benefits $ 1,000.00 Office Supplies and Equipment $ - Travel Per diem Workshops, etc. $ 800.00 Advertising $ 2,000.00 Other* $ - Total $ , 3,800.00 Admin % 5.05% OK Fiscal Year 2021-2022 Estimated SHIP Funds for Fiscal Year: $ 75,320.00 Salaries and Benefits $ 1,000.00 Office Supplies and Equipment $ - Travel Per diem Workshops, etc. $ 800.00 Advertising $ 2,000.00 Other* $ Total $ 3,800.00 Admin % 5.05% OK *AII "other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. Details: -25- LHAP 19/20-21/22 Exhibit B Timeline for SHIP Expenditures City of Miami Beach affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended 1st Year AR 2"d Year AR Closeout AR 2019-2020 6/30/2021 6/30/2022 9/15/2020 9/15/2021 9/15/2022 2020-2021 6/30/2022 6/30/2023 9/15/2021 9/15/2022 9/15/2023 2021-2022 6/30/2023 6/30/2024 9/15/2022 9/15/2023 9/15/2024 If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Funds Not 1st Year AR 2"d Year AR Closeout AR Encumbered Expended Not Not Not Submitted Submitted Submitted 2019-2020 3/30/2021 3/30/2022 6/15/2020 6/15/2021 6/15/2022 2020-2021 3/30/2022. 3/30/2023 ' 6/15/2021 6/15/2022 6/15/2023 2021-2022 3/30/2023 3/30/2024 6/15/2022 6/15/2023 6/15/2024 Requests for Expenditure Extensions(close-out year ONLY)must be received by FHFC by June 15 of the year in which funds are required to be expended.The extension request shall be emailed to robert.dearduff@floridahousing.org and terry.auringer@floridahousing.org and include: 1. A statement that"(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note:an extension to the expenditure deadline(June 30)does not relieve the requirement to submit (September 15)the annual report online detailing all funds that have been expended. Please email terry.aurinaer(aL floridahousina.ora when you are ready to "submit"the AR. Other Key Deadlines: AHAC reports are due for each local government the same year as the local government's LHAP being submitted. Local governments receiving the minimum or less allocation are not required to report. -26- LHAP Exhibt C 2019 FLORIDA HOUSING FINANCE CORPORATION , HOUSING DELIVERY GOALS CHART 2019-2020 Name of Local Government: ;City of Miami Beach„ Estimated Funds(Anticipated allocation only): $ 75;320 . <.' p w y4 "s# ,a " • ,~ Strategies Code Qualifies for VLI Units Max.SHIP Max.SHIP Mod Max.SHIP Without Homeownership 75%set-aside Award LI Units Award Units Award New Construction Construction Total Units 6l';,Owner-Occupied Rehabilitation -"t , -.:;_, - : Yes .P A '_. ', ::•. '.,'': $0.00 $0.00 $0.00 0 5 Disaster Repo¢ Yes 0 . . ; $0.00 $0.00 $0.00 0 10 = NewConstr coon ...,W_. W .;' Yes o $0.00 $0.00 $0.00 0 1...' Purchase Assistance with Rehab;.,', ,,,',_c Yes n=1 .. $71,520 $71,520.00 $0.00 $71,520.00 1 4 ;°0erimolition%Reconstruction Yes ,,- 0 ,,,„ _„ $0.00 $0.00 $0.00 0 6 Emergency Repair,y `�. .,._. ,. Yes. x..__ '::.. .,ate.._ :�•''... $0.00 $0.00 $0.00 0 7 •= Eoreclosure'�Prevention , No 0 - ` '�` $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 0 �., , _ .k ....; .,,..,. : •.'. ,,;,;, _ , ; _ $0.00 $0.00 $0.00 0 Total Homeownership 1 - 0 0 . $71,520.00 $0.00 $71,520.00 1 Purchase Price Limits: NewH$!'::.°:.•42.9;629 Existing $:-.429,620 OK OK Qualifies for Max.SHIP Max.SHIP Mod Max.SHIP Without • Code Rental 75%set-aside VII Units Award LI Units Award Units Award New Construction Construction Total Units 14 Rental Development y•,,,,. ._._ . ,.., •.Yes _:•• '� n=' ,. .. ��• ......., $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 0 $0.00 $0.00 0 $a00 $a00 $a00 0 $0.00 $0.00 $o.00 0 $0.00 $0.00 $0.00 0 Total Rental 0 0 0 $0.00 $0.00 $0.00 0 r a ya� k � t�. ° u�� : fCr1m , ,E4 � d x gi,i �. -;� �� .. �_° „"51 3� � �, E� t s8 Administration Fees $. 3,800 5% OK ••' 4, G•, ;,,, Home Ownership Counseling $ /1": W :'-7-41..1-4114174.11110154,Z : ;r ;" ,"t.��,,. ;° ,-7„.:';WI,ff:Migiiitltcf,. Total All Funds $ 75,320 OK ;91711.1',1,11:'4.04.%1054$440Tri .1i"%/, aM ' ria' .. _x'- + 5, >aa .. ,v. '11.. la.,` #as,.a. Percentage Construction/Rehab(75%requirement) 95.0% OK Homeownership%(65%requirement) 95.0% OK Rental Restriction(25%) 0.0% OK Very-Low Income(30%requirement) $ 71,520 95.0% OK Low Income(30%requirement) $ - 0.0% OK Moderate Income $ - 0.0% , . ' .' -27- LHAP Exhibt C 2019 FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART 2020-2021 Name of Local Government !City.of Miami Beach 75x320 R . e ^,n; a, Estimated Funds(Anticipated allocation only): a , Strategies Code Qualifies for Max.SHIP Max.SHIP Mod Max.SHIP Without VLI Units LI Units New Construction Total Units Homeownership 75%set-aside Award Award Units Award Construction 3 -` 2 Owner-Occupied Rehabilitation.......? ..w: •Yes , T $40,000 _W=-' .. ,,A� ...! $40,000.00 $0.00 $40,000.00 1 5 DisasterRepair _ 2,•"...'"'-::::•-, , - 'Yes 0 $0.00 $0.00 $0.00 0 10 . 'r:New Construction' ' ._Yes• '0 ,, ,, $0.00 $0.00 $0.00 0 • 1 '••••••'-Purchase Assistance with Rehab I. ' Yes ,1 •_ 1. $31,520 = - $31,520.00 $0.00 $31,520.00 2 4. Demolition/Reconstruction, •'- ''" ' , . "-Yes 0 $0.00 $0.00 $0.00 0 6" - ' Emergency Repair'. Yes ` ,p $0.00 $0.00 $0.00 0 T.; Foreclosure P.revention' "°' ' � ' r'�' ^--' $0.00 $0.00 $0.00 0 �No 0. ,. - _ . $0 00 $0 00 $0 00 0 a' - 0 ... � ��". "' � „ $0 0 $0.00 $0.00 0 .__ $0.00 $0.00 $0.00 0 Total Homeownership 2 1 0 $71,520.00 $0.00 $71,520.00 3 Purchase Price Limits: New $", 429,620 Existing $-:;', 429,620 "429,620. Qualifies for Max.SHIP Max.SHIP Mod Max.SHIP Without Code Rental LI Units New Construction Total Units 75%set-aside VLI Units Award Award Units Award Construction . .',"":2::".";. . :"-; $0.00 $0.00 $0.00 0 .. $0.00 $0.00 $0.00 0 -" O ' .:.. :" $0.00 $0.00 $0.00 0 .,:. .. " - - �.. $0.00 $0.00 $0.00 0 - r .. . .. . . ,,. -.. ,,...,..„2.:„.," , .'� . ,-.,•:: $0.00 $0.00 $0.00 0 Total Rental 0 0 0 $0.00 $0.00 $0.00 0 Administration Fees $ 3,800 5% OK ! '* - It.Tx.. -,..-1,k,74 , Home Ownership Counseling $- e -. 4,4;1 "- �",'!,:',;,714. ; ,i -"" .. .a, « . -: 1';*1-' =7:1i.:-N:'z r Total All Funds $ 75,320 OK ,fin " ¢ `' � •: S' : " y' { i i ides;d '>i i Viz.; .{,"�, 1":1:1 Percentage Construction/Rehab(75%requirement) 95.0% OK Homeownership%(65%requirement) 95.0% OK Rental Restriction(25%) 0.0% OK Very-Low Income(30%requirement) $ 40,000 53.1% OK Low Income(30%requirement) $ 31,520 41.8% OK Moderate Income $ - 0.0% „.,,- ,a; LHAP Exhibt C 2019 FLORIDA HOUSING FINANCE CORPORATION HOUSING DELIVERY GOALS CHART 2021-2022 Name of Local Government: City of Mlaml Beach Estimated Funds(Anticipated allocation only): $'� ' ,: 75;320r.7-7';'':'''' ''''''-:f7..":77-3°I. 7� �m� --.:$.7-'7.,.,,,,,„: Strategies Code Qualifies for Max.SHIP Max.SHIP Mod Max.SHIP Without Homeownership 75%set-aside set-aside Units Award LI Units Award Units Award New Construction Construction Total Units 3 -"• Owner-Occupied Rehabilitation. _ •, Yes- , s1 $31,520 ,.;? - ; $31,520.00 $0.00 $31,520.00 1 $0.00 $0.00 $0.00 0 10 ,_� New Construction Yes 0 $0.00 $0.00 $0.00 0 . ws m. , 1. ��Purchase Assistance with,Rehab __ I ,._ .� Yes..'s' ae '0 .,, - ,..; I'1 $0,000 ,„ ? � ; $40,000.00 $0.00 $40,000.00 1 D o 4 Demolition/, e $0 00 Sam $0 0 0 6; Emergency Repair' •-=-' ..:..# .?� $0.00 $0.00 0 .,,�, `..... .,__0 � = . . .�_ .- _ $0.00 $0.00 $0.00 0 0 $00 $000 $000 0 $0.00 SO 00 $0.00 0 Saco $0.00 $0.00 0 Total Homeownership 1 1 0 $71,520.00 $0.00 $71,520.00 2 Purchase Price Limits: New $ 429;620 Existing $ .429,620 Qualifies for Max.SHIP Max.SHIP Mod Max.SHIP Without Code Rental 75%set-aside VLI Units Award LI Units Award Units Award New Construction Construction Total Units $0.00 $0.00 $0.00 0 $0.00 $0.00 $0.00 $0.00 $0.00 0 . � ....... _. _ ,.�...� ':. a .=,z.. •.�.A. __' $000 SO 00 $0.00 0 $0.00 $0.00 $0.00 0 Total Rental 0 0 0 $0.00 - $0.00 $0.00 0 j Administration Fees $; 3,800 5/ OK „" iii "_ Home Ownership Counseling $ _ - 431v>„ ,z„ -r.;: Total All Funds $ 75,320 OK Percentage Construction/Rehab(75%requirement) 95.0% OK Homeownership%(65%requirement) 95.0% OK Rental Restriction(25%) 0.0% OK Very-Low Income(30%requirement) $ 31,520 41.8% OK Low Income(30%requirement) $ 40,000 53.1% OK Moderate Income $ - 0.0% ,g ,;;.. „Z ,,. , -29- • Exhibit D 67-37.005(1),F.A.C. • [eff.date] CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: City of Miami Beach Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079,Florida Statutes. (2) All SHIP funds will be expended in a manner which will insure that there will be no discrimination on the basis of race, color, national origin, sex, handicap,familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government/interlocal entity will be unable to comply with any provision of the local housing assistance plan(LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation,program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan,'or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a hyperlink to the document shall be provided to Florida Housing by June 30 of the applicable year. -30- Exhibit D 67-37.005(1),F.A.C. [eff.date] (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97,F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC)Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220,Laws of Florida have not been implemented (except for Miami-Dade County). Witness Chief Elected Official or designee Jimmy L. Morales, City Manager Witness Type Name and Title Date OR Attest: (Seal) -30- RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE AMENDMENTS TO THE CITY OF MIAMI BEACH LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FY 16/17, 17/18, AND 18/19; THE APPROVAL OF THE LHAP FOR FY 19/20, 20/21 AND 21/22, AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907 - 420.9079; AUTHORIZING EXECUTION OF ANY NECESSARY CERTIFICATIONS BY THE MAYOR AND THE CITY CLERK; AND FURTHER AUTHORIZING THE ADMINISTRATION TO SUBMIT THE AMENDED LHAP TO THE FLORIDA HOUSING FINANCE CORPORATION (FHFC) FOR ITS REVIEW AND APPROVAL. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocates a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, § 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan (LHAP) outlining how funds will be used; and WHEREAS, on April 13, 2016, pursuant to Resolution No. 2016-29364, the Mayor and City Commission approved and adopted the City's LHAP for FY 16/17, 17/18 and 18/19, pursuant to the requirements of the Act and the SHIP Program Rule, issued by the Florida Housing Finance Corporation (FHFC); and WHEREAS, the City intends to leverage State and Federal funding allocations to acquire and rehabilitate a multi-family residential building to expand the City's affordable housing portfolio and to maximize funding sources and to meet expenditure deadlines; and WHEREAS, the City will be amending the current SHIP LHAP for FY 16/17, 17/18 and 18/19 to incorporate a strategy for acquisition and rehabilitation of a multi-family property; and WHEREAS, the Administration has prepared a draft for the FY 19/20, 20/21, 21/22, pursuant to the requirements of the Act and the SHIP Program Rule, issued by the Florida Housing Finance Corporation (FHFC); and WHEREAS, Administration will present the drafted LHAP to the Affordable Housing Advisory Committee (AHAC) for review and recommendation, as the Committee did not meet quorum in the November meeting and it will be available for public comment on the City's website; and WHEREAS, the LHAP is due for initial review to the FHFC by March 1, 2019 and all housing incentive strategies must be adopted and approved by the Mayor and Commission before March 31, 2019; WHEREAS, the final LHAP must be approved by the Mayor and Commission and FHFC before May 2, 2019. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and adopt the amendments to the City's Local Housing Assistance Plan (LHAP) for the State Housing Initiatives Partnership (SHIP) Program for FY 16/17, 17/18, and 18/19; the approval of the LHAP for FY 19/20, 20/21 and 21/22, as required by the State Housing Initiatives Partnership Program Act, subsections 420.907 = 420.9079; authorize execution of any necessary certifications by the Mayor and the city Clerk; and further authorize the Administration to submit of the amended LHAP to the Florida Housing Finance Corporation (FHFC)for its review and approval. Passed and adopted this day of , 2018. DAN GELBER, MAYOR ATTEST: RAFAEL E. GRANADO, CITY CLERK Exhibit F-Ordinance AFFORDABLE HOUSING UNIT SIZE AND PARKING REQUIREMENTS ORDINANCE NO. 2017-4148 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS; BY AMENDING CHAPTER 58, "HOUSING," BY ESTABLISHING ARTICLE V, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS"; PROVIDING CODIFICATION; BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," AT SECTION 114-1, "DEFINITIONS," TO ESTABLISH BY REFERENCE TO CHAPTER 58, "HOUSING" DEFINITIONS FOR NON- ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING CHAPTER 130, "OFF-STREET PARKING," AT SECTION 130- 32, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 1," AND SECTION 130-33, "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6,AND 7." BY AMENDING THE PARKING REQUIREMENTS FOR LOW AND/OR MODERATE INCOME NON-ELDERLY AND ELDERLY PERSONS; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SUBDIVISION V.' "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," DIVISION 4. "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," DIVISION 5. "CD-2 COMMERCIAL, MEDIUM • INTENSITY DISTRICT," DIVISION 6. "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," DIVISION 13,"MXE MIXED USE ENTERTAINMENT DISTRICT," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," BY STRIKING ALL REFERENCE TO SECTION 142-1183 ENTITLED "UNIT SIZE"AND CREATING NEW MINIMUM AND AVERAGE APARTMENT UNIT SIZES FOR NON-ELDERLY AND ELDERLY LOW AND MODERATE INCOME HOUSING; BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY AMENDING DIVISION 6, "HOUSING FOR LOW AND/OR MODERATE INCOME ELDERLY PERSONS," BY STRIKING THIS DIVISION; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, it is necessary to review development regulations from time to time and adapt those regulations to changing needs; and WHEREAS, there is a need to further facilitate and provide for clean, secure and dignified housing for low and/or moderate income elderly and non-elderly persons ; and' WHEREAS, the City seeks to increase the supply of both low-income and moderate- income housing; and WHEREAS, Chapter 130 of the Land Development Regulations of the City Code contains various provisions related to off-street parking ; and 1 of 21 -33- WHEREAS,the City proposes to eliminate requirements that mandate a minimum number of parking spaces for new housing Development, or to limit the amount of parking; and WHEREAS, there is no good reason for the government to force the private market to produce parking spaces for every housing unit built, when there are locations with high-quality transit, which could incentive public transportation, and as such, the City seeks to set maximum parking requirements that limit how much parking each unit can have; and WHEREAS, the proposed regulations would further facilitate new construction or rehabilitated housing units for low and/or moderate income housing for elderly and non-elderly persons by reducing the parking requirements; and WHEREAS, these proposed regulations will not affect the general health, safety and welfare of the residents of the City; and NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 58, "Housing," Article V, "Housing for Low and/or moderate income non elderly and elderly persons," is hereby established as follows: Article V. - Housing for Low and/or moderate income non elderly and elderly persons DIVISION 1. - GENERALLY Sec. 58-400. - Purpose. The purpose of this division is to create definitions and mandatory requirements for new construction or rehabilitation of housing units for low and/or moderate income elderly and non- elderly persons in order to facilitate and provide for clean, secure and dignified housing. Sec. 58-401. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Elderly person means a person who is at least 62 years of age. Non-elderly person is a person who is of legal age but less than 62 years of age. Elderly household means a one- or two-person household in which the head of the household or spouse is at least 62 years of age. Non-elderly household is a one- or two-person household in which the head of the household or spouse is of legal age but less than 62 years of age. 2 of 21 -34- Housing for low and/or moderate income elderly is not homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Low income means households whose incomes do not exceed 50 percent of the median income for the area as determined by the U.S. Department of Housing and Urban Development. Moderate income means households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by the U.S. Department of Housing and Urban Development. Sec. 58-403. - Mandatory criteria. Developments qualifying for the minimum and average unit size for non-elderly and elderly low and moderate income housing shall meet all of the following mandatory criteria: (1) The development shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations utilizing public funds. (2) The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. (3) At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons in accordance with this section. (4) A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form and content by the city attorney, recorded in the public records of Miami-Dade County and shall be submitted prior to the issuance of a building permit.The declarations within the covenant are not severable. If a subsequent iudicial determination invalidates the age restriction, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable unit size regulations under this Code. (5) Should the property change from housing for low and moderate income non-elderly and elderly persons during the covenant period or thereafter, the property shall comply with all applicable development regulations existing at the time of the proposed change, including, but not limited to, minimum and average unit sizes and parking requirements. SECTION 2. Section 114-1, "Definitions", is amended as follows: Non-elderly and elderly low and moderate income housing, shall be as defined in Chapter 58. Article V. * * * SECTION 3. Section 130-32, "Off-street parking requirements for parking district no. 1", is amended as follows: 3 of 21 -35- Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows: (6A) Housing for low and/or moderate income non-elderly and elderly persons as defined in Chapter 58, Article V. For purposes of this regulation, the following definitions shall apply Elderly person shall be defined as a person who is at least 62 years of age. Non elderly person is a person who is of legal age but lest than 62 years of age. household or spouse is at least 62 years of age. Housing for the elderly shall not be construed as homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Urban Development. 80 percent of the median income for the area as determined by the U.S. Department of Housing and Urban Development. elderly persons: a. 8,5 Zero (0) parking space per dwelling unit for elderly housing. b. 1-:98 The parking requirements shall be the same as specified in section 130- 32 (6), above, or 0.5 parking spaces per unit, whichever is less, per dwelling unit of 800 square foot or les., for non-elderly low and/or moderate income housing. Units larger than 800 square feet shall meet the required parking as provided in (6)a., b., and c., as applicable. Notwithstanding the above, when an existing building is renovated and the number of units is increased, or when units are added on a lot with an existing building that is retained and renovated, there shall be no parking requirement for the newly constructed units, and existing buildings shall be exempt from the requirements of section 118-395 (b), Repair and/or rehabilitation of nonconforming buildings and uses. c. For the purposes of this section only, housing for low and/or moderate income non-elderly and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations, utilizing public funds. d. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. 4.o#-21- -36- finding by the planning director that, in view of the location of such housing the proposed unit size and likelihood that the occupants will have a need for parking. f. A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code. The property owner may satisfy the parking requirements by actually providing the additional parking spaces or by reducing the number of residential units. However, a property owner shall not be able to satisfy the- parking requirements by the payment of a fee in lieu of providing parking. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons in accordance with this section. g. After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non-elderly and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met. SECTION 4. Section 130-33, "Off-street parking requirements for parking districts nos. 2, 3, 4, 5, 6, and 7.", is amended as follows: Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking districts nos. 2, 3, 4 and 5 accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows. There shall be no off-street parking requirement for uses in this parking district except for those listed below: * * * (1A) Housing for low and/or moderate income non-elderly and elderly persons, as defined in Chapter 58, Article V of the City Cod-. - e- -- - - - --- - •- , -" - - • - - - - shall apply: 5 of 21 -37- the household or spouse is of legal age but less than 62 years of age. median income for thc area as determined by thc U.S. Department of Housing and Urban Development. Moderate income means households whose incomes are between 51 percent and of Housing and Urban Development. elderly persons: a. 9-5 Zero (0) parking space per dwelling unit for elderly housing. b. a-A8 The parking requirements shall be the same as specified in section 130- 32 (6) above or 0.5 parking spaces per unit, whichever is less, per dwelling unit of 800 square feet or Ica, for non-elderly low and/or moderate income housing. Units larger than 800 square feet shall meet the required parking a& provided in (6)a., b., and c., as applicable. Notwithstanding the above, when an existing building is renovated and the number of units is increased, or when units are added on a lot with an existing building that is retained and renovated, there shall be no parking requirement for the newly constructed units, and existing buildings shall be exempt from the requirements of section 118-395 (b), Repair and/or rehabilitation of nonconforming buildings and uses. c. For the purposes of this section only, housing for low and/or moderate income non-elderly and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations. d. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. • parking. f. A covenant running with the land restricting the use of the property for housing for low and/or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial -38- determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code. The property owner may satisfy the parking requirements by actually providing the additional parking spaces or by reducing the number of residential units. However, a property owner shall not be able to satisfy the parking requirements by the payment of a fee in lieu of providing parking. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/or moderate income non-elderly and elderly persons in accordance with this section. g. After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non-elderly and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met. * SECTION 5. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision II, "RM-1 Residential Multifamily Low Intensity" is hereby amended as follows: Sec. 142-155. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-1 residential multifamily, low density district are as follows: Minimum Minimum MinimumAverage Maximum Maximum Lot Area Lot Unit Size Unit Size Building Number (Square Width (Square Feet) (Square Feet) Height of Stories Feet) (Feet) (Feet) New construction-550 Non-elderly and elderly low and moderate income housing;See-section 112 1183-400 Rehabilitated buildings-400 Historic Historic Hotel units: district-40 district-4 15%:300-335 New construction-800 Flamingo Park Flamingo Park 85%:335+ Non-elderly and elderly Local Historic Local Historic For contributing hotel structures, located low and moderate income District-35 District-3 5,600 50 within an individual historic site,a local housing;See_sestion (except as (except as historic district ora national register 112 1183–400 g provided in provided in district,which are renovated in Rehabilitated buildings— section 142- section 142- accordance with the Secretary of the 550 1161) 1161) Interior Standards and Guidelines for the Otherwise— Otherwise-5 Rehabilitation of Historic Structures as 50 amended, retaining the existing room configuration and sizes of at least 200 square feet shall be permitted. Additionally,the existing room configurations for the above described hotel structures may be modified to 7 of 21 -39- address applicable life-safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained,and provided the maximum occupancy per hotel room does not exceed 4 persons. * * * SECTION 6. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision IV, "RM-2 Residential Multifamily, Medium Intensity" is hereby amended as follows: Sec. 142-217.-Area requirements. The area requirements in the RM-2 residential multifamily, medium intensity district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area LotUnit Size Unit Size Building Number (Square Width (Square Feet) (Square Feet) Height of Stories Feet) (Feet) (Feet) Historic district— Historic district-5 50(except as (except as provided in section provided in section New construction-550 142-1161) 142-1161) Non-elderly and elderly low and moderate income housing:See section Arreaeabounded by Area bounded by 142 1183 -400 Indian Creek Dr., Indian Creek Dr., Rehabilitated buildings-400 Collins Ave.,26th Collins Ave.,26th Re Reha units: St.,and 44th St.—St.,and 44th St.— 75 8 15%:300-335 Area fronting west Area fronting west 85%:335+ side of Collins side of Alton Rd. For contributing hotel structures, New Ave.btwn.76th St.between Arthur located within an individual historic site,construction-800 and 79th St.75 Godfrey Rd.and a local historic district or a national Non-elderly and Area fronting west W.34th St.-8 register district,which are renovated in elderly low and side of Alton Rd. Area fronting west accordance with the Secretary of the moderate income between Arthur side of Collins 7,000 50 Interior Standards and Guidelines for housing-ee Godfrey Rd.and Ave.btwn.76th St. the Rehabilitation of Historic Structures W.34th St.-85 and 79th St.-8 as amended,retaining the existing 400 Otherwise-60 Otherwise-6 room configuration and sizes of at least Rehabilitated Lots fronting Lots fronting 200 square feet shall be permitted. buildings-550 Biscayne Bay less Biscayne Bay less Additionally,the existing room Hotel units—N/A than 45,000 sq. than 45,000 sq. configurations for the above described ft.-100 ft.-11 hotel structures may be modified to Lots fronting Lots fronting address applicable life-safety and Biscayne Bay over Biscayne Bay over accessibility regulations,provided the 45,000 sq.ft.-14045,000 sq.ft.-15 200 square feet minimum unit size is Lots fronting Lots fronting maintained,and provided the maximum Atlantic Ocean Atlantic Ocean occupancy per hotel room does not over 100,000 sq. over 100,000 sq. exceed 4 persons. ft.-140 ft.-15 Lots fronting Lots fronting Atlantic Ocean Atlantic Ocean with a property linewith a property line within 250 feet of within 250 feet of 8.of--21. -40- North Shore Open North Shore Open Space Park Space parking Boundary-200 Boundary-21 * • SECTION 7. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Subdivision V, "RM-3 Residential Multifamily, High Intensity" is hereby amended as follows: Sec. 142-246. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, low density district are as follows: Minimum Minimum Maximum Lot Area Lot Minimum Average Building Maximum (Square Width Unit Size Unit Size Height Number Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories New construction-550 Non-elderly and elderly low and moderate income housingee 16 -400 Rehabilitated buildings-400 Oceanfront Hotel units: lots-22 15%:300-335 150 Architectural 85%:335+ dist.:New For contributing hotel structures, New construction— located within an individual historic construction-800 Oceanfront lots-200 13;ground site,a local historic district or a Non-elderly and floor additions national register district,which are elderly low and (whether renovated in accordance with the moderate income Architectural dist.: New attached or 7,000 50 Secretary of the Interior Standards housingconstruction-120; detached)to and Guidelines for the Rehabilitation ground floor additions existing of Historic Structures as amended, 400 (whether attached or structures on retaining the existing room Rehabilitated detached)to existing oceanfront configuration and sizes of at least 200 buildings-550 structures on oceanfront lots-5 square feet shall be permitted. Hotel units—N/A lots-50(except as (except as Additionally,the existing room provided in section 142- provided in configurations for the above described 1161) section 142- hotel structures may be modified to 1161) address applicable life-safety and accessibility regulations,provided the 200 square feet minimum unit size is maintained,and provided the maximum occupancy per hotel room does not exceed 4 persons. 9 ef-2-1 -41- * * SECTION 8. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 4, "CD-1 Commercial, Low Intensity District" is hereby amended as follows: Sec. 142-276. Development regulations. The development regulations in the CD-1 commercial, low intensity district are as follows: Maximum Minimum Maximum Minimum Minimum Apartment Average Apartment Maximum Floor Lot Area Building Area (Square Lot Width Unit Size Unit Size Height Number Ratio Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories Commercial—N/A Commercial—N/A New construction— New construction- 550 800 Rehabilitated Commercial Commercial Rehabilitated buildings-400 —None —None buildings-550 4(except as Non-elderly and Non-elderly and 40(except as provided in 1.0 elderly low and provided in section elderly low and section 142- Residential Residential moderate income moderate income 142-1161) 1161) housing gee--section —5,600 —50 housingSee 142 1183 400. section 142 1183 Hotel unit: 400 15%:300-335 Hotel units—N/A 85%:335+ * * * SECTION 9. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 5, "CD-2 Commercial, Medium Intensity District" is hereby amended as follows: Sec. 142-306. Development regulations. The development regulations in the CD-2 commercial, medium intensity district are as follows: Maximum Minimum I Maximum Minimum Minimum Apartment Average Apartment Maximum Floor Lot Area Building Area (Square Lot Width Unit Size Unit Size Height Number Ratio Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories Commercial—N/A Commercial—N/A 5(except as Commercial Commercial New construction— New construction—50(except as provided in 1.5 —None —None 550 800 provided in section section 142- Rehabilitated Rehabilitated 142-1161). 1161) buildings-400 buildings-550 Non-elderly and Non-elderly and 16-of 2±- -42- Residential Residential elderly low and elderly low and Self-storage Self-storage —7,000 —50 moderate income moderate income warehouse-40 warehouse:4 housing ee-cestien housing ee feet,except that the 112 1183 -400. building height shall Hotel unit: 400 be limited to 25 feet 15%:300-335 Hotel units—N/A within 50 feet from 85%:335+ the rear property For contributing hotel line for lots abutting structures,located an alley;and within within an individual 60 feet from a historic site,a local residential district historic district or a for blocks with no national register alley district,which are being renovated in accordance with the Mixed-use and Secretary of the commercial Interior Standards buildings that and Guidelines for include structured the Rehabilitation of parking for Historic Structures properties on the as amended, - west side of Alton retaining the existing Road from 6th room configuration Street to Collins shall be permitted, Canal-60 feet. provided all rooms are a minimum of 200 square feet. Additionally,existing room configurations for the above described hotel structures may be modified to address applicable life-safety and accessibility regulations,provided the 200 square feet minimum unit size is maintained,and provided the maximum occupancy per hotel room does not exceed 4 persons. * * SECTION 10. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 6, "CD-3 Commercial, High Intensity District" is hereby amended as follows: Sec. 142-337. Development regulations and area requirements. * * * 1rrof21 -43- (c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: Minimum Average Maximum Minimum Minimum Apartment Maximum Lot Area Apartment Building (Square Lot Width Unit Size Number Unit Size Height Feet) (Feet) (Square Feet) of Stories (Square Feet) (Feet) Commercial—N/A 75 feet. New construction- 550 Rehabilitated Lots within the buildings-400 architectural district: Non-elderly and 50 feet. elderly low and moderate income housing sestien Lots fronting on 17th7 stories. 112 1183 -400.Hotel Street:80 feet. unit: within ithin the 15%:300-335 agricultural 85%:335+ City Center Area district:5 For contributing hotel (bounded by Drexel stories. structures,located Avenue, 16th Street, within an individual Collins Avenue and historic site,a local the south property Lots fronting on historic district or a line of those lots 17th Street:7 national register fronting on the south Commercial—N/A stories. district,which are New side of Lincoln being renovated in construction-800 Road): 100 feet. accordance with the CityCenter Commercial Commercial Rehabilitated • Secretary of the Area(bounded —None —None buildings-550 Notwithstandin the Interior Standards and g by Drexel Non-elderly and fore oin Guidelines for the g g Avenue, 16th elderly low and re uirement for City Rehabilitation of q Street,Collins Residential Residential Historic Structures as moderate income Center Area,the —7,000 —50 housing followingadditional Avenue and the amended,retaining south property the existingshall apply: room 400 line of those lots configuration shall be Hotel units—N/A fronting on the permitted, provided all south side of rooms are a minimum The height for lots Lincoln Road): of 200 square feet. fronting on Lincoln 11 stories, Additionally,existing Road and 16th subject to the room configurations Street between applicable for the above Drexel Avenue and height described hotel Washington Avenue restrictions structures may be are limited to 50 feet (except as modified to address for the first 50'of lot provided in applicable life-safety depth. section 142- and accessibility 1161). regulations,provided The height for lots the 200 square feet fronting on Drexel minimum unit size is Avenue is limited to maintained,and 50 feet for the first provided the maximum occupancy 25'of lot depth per hotel room does (except as provided not exceed 4 persons. in section 142-1161). 12-4-21- -44- * * * SECTION 11. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 13, "MXE Mixed Use Entertainment District," is hereby amended as follows: Sec. 142-545. Development regulations. The development regulations in the MXE mixed use entertainment district are as follows: Maximum Minimum Maximum Minimum Minimum Apartment Average Apartment Maximum Floor Lot Area Building Area (Square Lot Width Unit Size Unit Size Height Number Ratio Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories Existing structures: Apartment units- 400 Existing structures: Architectural All Non-elderly and Apartment district: uses— elderly low and units-550 Architectural Oceanfront-16 district: 2,0 moderate income Hotel units—N/A Non- Except housing 400. New construction: Oceanfront-150 - oceanfront-5 conventio Hotel units—in a Apartment Non-oceanfront—(except as n hotel 50(except as provided in local historic units-800 developm N/A N/A district/site-200 Hotel units—N/A provided in section section 142- ent(as Otherwise: 142-1161) 1161) set forth 15%:300-335 All other areas-75 All other areas— in section 85%:335+ Non-elderly and (except as provided 8(except as 142- New construction: elderly,low and in section 142- provided in 841)-3.5 Apartment units— moderate income 1161) section 142- 550 housing-400. 1161) - Hotel units: 15%:300-335 85%:335+ * * * SECTION 12. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 18, "PS Performance Standard District," is hereby amended as follows: Sec. 142-696. Residential Performance Standard Area Requirements. The residential performance standard area requirements are as follows: Residential Subdistricts Performance Standard R-PSI R-PS2 1 R-PS3 R-PS4 Minimum lot area 5,750 square feet 5,750 square feet 15,750 square feet 5,750 square feet ! 13-of-2-1- -45- Minimum lot width 1 50 feet f50feet 50 feet 50 feet Required open space 0.60,See section 0.65,See section 0.70,See section 0.70,See section ratio 142-704 142-704 142-704 142-704 Nonoceanfront-80 feet; 45 feet 45 feet 50 feet Oceanfront-100 Maximum building * Lots 50 feet wide Lots 50 feet wide Lots 50 feet wide feet; height or less-40 feet or less-40 feet or less-40 feet Lots 50 feet wide or less-40 feet Nonoceanfront-8 Oceanfront-11 5 5 5 Maximum number of Lots 50 feet wide or Lots 50 feet wide Lots 50 feet wide Lots 50 feet wide less-4 stories or less-4 or less-4 or less-4 In the Ocean Beach Historic District-7 Maximum floor area 1.25 1.50 1.75 2.0 ratio New construction— New New New construction— Minimum floor area 700 construction— construction— 550 per apartment unit Rehabilitated 650 600 Rehabilitated (square feet);except buildings-400 Rehabilitated Rehabilitated buildings-400 ^vided `n `cction buildings-400 buildings-400 112 1183 for elderly Non-elderly and Non-elderly and elderly low and Non-elderly and Non-elderly and elderly low and ince.me-nem-elderly moderate income elderly low and elderly low and moderate income g housing-400. moderate income moderate income housing-400. housing-400. housing-400. -__-- _-� ---- -- J New construction— Minimum average New !! New New 800 floor area per construction— I construction— construction— Rehabilitated apartment unit 900 900 850 buildings-550 (square feet);except Rehabilitated i Rehabilitated Rehabilitated ^vide` in sect`on buildings-550 buildings-550 buildings-550 Non-elderly and 142 1183 for elderly I elderly low and of-21- -46- Non-elderly and Non-elderly and Non-elderly and r moderate income 4-nee-me-non-elder-Ey elderly low and elderly low and elderly low and housing-400. housing moderate income moderate income moderate income • • housing-400. housing-400. housing-400. 15%=300-335 15%=300-335 Minimum floor area square feet square feet per hotel unit(square N/A N/A o 0 85/0=335+ 85/0=335+square feet) square feet feet • Minimum parking Pursuant to chapter 130 and section 142-705 requirement. Minimum off-street Pursuant to chapter 130,article Ill. loading • •• • • Signs Pursuant to chapter 138. • •Suites hotel Pursuant to article IV,division 3 of this chapter. Sec. 142-698. - Commercial performance standard area requirements. (b) The commercial performance standard area requirements are as follows: Commercial Subdistricts •Performance C-PS1 C-PS2 C-PS3 C-PS4 Standard Minimum lot 6,000 square feet 6,000 square feet 6,000 square feet 6,000 square feet area • Minimum lot ' 50 feet 50 feet 50 feet 50 feet width 40 feet;75 feet 50 feet—East of Maximum Lenox Avenue Non-oceanfront-80 feet building for the Block 51 150 75 feet—West of Oceanfront-100 feet height Properties,the Block 51 Swap Lenox Avenue • 1-5-e€2+- -47- Property, Block 52 Properties,and Block 1 Properties 4;8 for the Block 51 Properties,the 5—East of Lenox Maximum Block 51 Swap Avenue Non-oceanfront-8 number of 16 Property, Block 52 7—West of Lenox Oceanfront-11 stories Properties; Block 1 Avenue Properties 1.0; 1.5 for the Block 51 Maximum Properties and floor area Block 52 2.0 2.5 2.5 ratio Properties,and 2.0 for the Block 1 Properties Pursuant to all R-PS4 • district regulations except maximum floor area ratio Pursuant to all R- Pursuant to all R- shall be 2.5;on the Pursuant to all R- PS2 district PS3 district Goodman Terrace and PS4 district regulations, regulations, Hinson Parcels,the FAR regulations,except Residential except maximum except maximum shall be that necessary to maximum floor and/or hotel building height for building height for achieve 305,500 sq.ft. area ratio shall be development residential and residential and (estimated at 3.2 FAR),30 2.5,and open• mixed use mixed use stories and 300 ft. height space ratio 0.60 buildings shall be buildings shall be maximum for the measured at or 75 feet i 75 feet Goodman Terrace and I above grade Hinson Parcels,and open space ratio 0.60 measured at or above grade Minimum New New New New construction-550 apartment construction-650 construction-600 i construction-550 Rehabilitated buildings—• unit size Rehabilitated Rehabilitated Rehabilitated 400 i (square feet) buildings-400 buildings-400 buildings-400 i -47- Non-elderly and T Non-elderly and Non-elderly and elderly Non-elderly and elderly low and elderly low and low and moderate income elderly low and moderate income moderate income• housing-400. moderate income housing-400. housing-400. j housing-400. New New 1 New construction-900 construction-850 New construction-800 construction-800 Average Rehabilitated i Rehabilitated Rehabilitated buildings— Rehabilitated apartment buildings-550 buildings-550 550 buildings-550 unit size Non-elderly and Non-elderly and Non-elderly and elderly Non-elderly and (square feet) elderly low and elderly low and low and moderate income elderly low and moderate income moderate income housing-400. moderate income housing-400. housing-400. housing-400. I ' Minimum floor area per hotel unit 15%=300-335 square feet;85%=335+square feet in all (square feet) districts. Minimum parking requirements Pursuant to chapter 130 and section 142-702 requirement. Minimum off-street loading Pursuant to chapter 130. Signs Pursuant to chapter 138. Sec. 142-701. - Residential limited mixed use performance standards. Residential limited mixed use performance standards shall be as follows: Mixed Subdistricts Performance Standard RM-PS1 Minimum site area 120,000 Minimum site width 350 feet Required open space ratio 0.60 Maximum building height 60 feet above ground or above enclosed parking b7 of-24- -48- Maximum number of stories 6 stories above ground or above enclosed parking Maximum floor area ratio 1.5 600 Minimum floor area per apartment unit (square feet) Non-elderly and elderly low and moderate income housing-400. 1,000 Minimum average floor area per apartment unit(square feet) Non-elderly and elderly low and moderate income housing-400. Minimum floor area per hotel unit(square —-- N/A feet) Pursuant to chapter 130 and subsection 142-706(c) Minimum parking requirement herein Minimum off-street loading Pursuant to chapter 130, article IV r Signs Pursuant to chapter 138 Suites hotel N/A SECTION 13. Chapter142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 20, "TC North Beach Town Center Districts," is hereby amended as follows: Sec. 142-737. - Development regulations. (a)The development regulations in the TC-1, TC-2 and TC-3 town center districts are as follows: Minimum Lot Minimum Lot Minimum Apartment Average Apartment Unit District Area Width Unit Size(square feet) Size (square feet) TC-1 Town Commercial— Commercial— f Commercial—N/A Commercial—N/A Center Core i None None 48-of-2-t- -49- TC-2 Town• �------ __—r-------- Residential— ; Residential— Center Mixed- 6,250 sq.ft. 50 feet New construction-550 New Construction-800 use Rehabilitated building— Rehabilitated building- 400 No minimum • Elderly housing—Sec Section 142 1183 Elderly housing Sec TC-3 Town section 142 1183 -Non-elderly and elderly Center low and moderate -Non-elderly and elderly Residential low and moderate income housing-400. Office income housing-400. Hotel units 15%:300-335 Hotel units—N/A 85%:335+ SECTION 14. Chapter142, "Zoning Districts and Regulations,"Article IV,"Supplementary District Regulations," Division 6, "Housing for low and/or moderate income non-elderly and elderly persons," is hereby amended as follows: - - - . • e er - e! _ . ,, ELDERLY PERSONS Sec. 142-1181 — 142-1184. Reserved. Sec. 142 1181. Purpose. elderly persons in order to facilitate and provide for clean, secure and dignified housing. Sec. 142-1182. -Definitions different meaning: 19-1:4-21 -50- household or spouse is at least 62 years of age. __ ---- -- - - - - -- -- -- - - _--t. -= .- _-- _ -- ••-- - Development. and Urban Development. Sec. 142-1183. -Unit-size: - • - -- - - - - - -- - _ -- --- - e- - -- e —- - -- •- - Sec. 142-1184. - meet all of the following mandatory criteria: developed by for profit organizations utilizing public funds. agency in charge of the program. persons in accordance with this section. 30 years shall be executed by the owner • •- - ---- , ..e: -e - - - " - _ , -- _'ty shall not issue a certificate of use and regulations under this Code. and elderly persons during the covenant period or thereafter, the property shall comply -51- requirements. SECTION 15. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 16. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 17. SEVERABILITY. , If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 18. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 18th day of October 2017. ATTEST: ilip ,'=,Mayor A R 40 . J.'� •' ..�14. 1 Ra'ael Granado, City Clerk : �..' ,�-'' y � s First Reading/Transmittal: y ly 2G, 01�7� RA ED APPROVED AS TO Second Reading/Adoption: ,a `�1�11 FORM & LANGUAGE �\47 & FO EXEFUTION 4 Verified By: _ r1\� _ _ o- Z Tho as R. Mooney,-- +ryAttomey 'p Planning Director cl. Underline = new language Hugh= deleted language (Sponsored by Commissioner John Elizabeth Aleman; Co-sponsored by Commissioner Joy Malakoff) T:\AGENDA\2017\10-October\Planning\AFFORDABLE HOUSING Parking and Unit Size-Second Reading ORD.docx . 2.1©f-21 -52- Exhibit G-Mortgage Agreement/Promissory Note/Restrictive Covenant This Instrument Was Prepared By, Record and Return to: Raul J. Aguila, Esq. Office of the City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (RESERVED) THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE UPON MATURITY IS $0.00 NOTWITHSTANDING ACCRUED INTEREST, ONLY IF APPLICABLE, WITH ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. SECOND MORTGAGE AND SECURITY AGREEMENT THIS SECOND MORTGAGE AND SECURITY AGREEMENT(the"Mortgage")executed this _day of ,20_, by*,a single* (the"Mortgagor"),whose address is*, Miami Beach, FL 331** and City of Miami Beach, Florida, a Florida municipal corporation (the "Mortgagee") (which term as used in every instance shall include the Mortgagee's successors and assigns),whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139,Attention: City Manager. WITNESSETH: That for valuable consideration, and also in consideration of the aggregate sum of money described in that certain Promissory Note(the"Note")of even date herewith,executed by Mortgagor in favor of Mortgagee in the original principal amount ng 00/100„($* 00)Dollars(the"Principal Amount"), the Mortgagor grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Mortgagee, in fee simple a lien upon and security interest in that certain real property located in Miami-Dade County, Florida (the "Premises"), which is legally described in Exhibit A, attached hereto and made a part hereof. Together with all structures and improvements (including improvements to be made hereafter) on said Premises, fixtures attached thereto and all,rents, issues, proceeds and profits accruing and to accrue from said Premises, all of which are hereby included within the foregoing description and the habendum thereof. TO HAVE AND TO HOLD the Premises together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywiseappertaining, and the reversion and reversions, remainder or remainders,rents,issues and profits thereof,and also all the estate, right,title, interest, property, possession,claim and demand whatsoever,as well in law as in equity, of the said Mortgagor in and to the same, and every part thereof, unto the said Mortgagee and its successors and assigns, in fee simple forever, and the Mortgagor covenants that the Mortgagor is lawfully seized and possessed of the Premises in fee simple and has good right to Page 1 of 10 convey the same,and that the Mortgagor will warrant and defend the title thereto against the claims of all persons whomsoever, except as hereinafter expressly provided. PROVIDED ALWAYS that if the Mortgagor shall pay unto the Mortgagee all sums required under the terms of the Note, and shall comply with and abide by each and every one of the stipulations, agreements, conditions and covenants contained herein, then in such event this Mortgage and the estate hereby created shall cease and be null and void. The Mortgagor covenants with the Mortgagee as follows: 1. Payment of Indebtedness. The Mortgagor will pay the Note according to the terms thereof and all other sums secured hereby promptly as the same shall become due. 2. Taxes, Liens and Other Charges. (a) In the event of the passage of any state, federal, municipal or other governmental law, order, rule or regulation, subsequent to the date hereof, in any manner changing or modifying the laws now in force governing the taxation of debts secured by mortgages or the manner of collecting taxes so as to affect adversely the Mortgagee, the Mortgagor will promptly pay any such tax; if the Mortgagor fails to make such prompt payment or if any such state, federal, municipal or other governmental law,order, rule or regulation prohibits the Mortgagor from making such payment or would penalize the Mortgagee from making such payment or would penalize the Mortgagee if the Mortgagor makes such payment, then the entire balance of the principal sum secured by this Mortgage and all interest accrued thereon shall,without notice, immediately become due and payable at the option of the Mortgagee. (b) The Mortgagor will pay, before the same become delinquent,all taxes,liens, assessments and charges of every character already levied or assessed or that may hereafter be levied or assessed upon or against the Premises and all utility charges, whether public or private;and upon demand will furnish the Mortgagee receipted bills evidencing such payment. (c) The Mortgagor will not suffer any mechanic's, materialmen's, laborer's, statutory or other lien which might or could be prior to or equal to the security interest and mortgage liens of this Mortgage to be created or to remain outstanding upon any part of the Premises. 3. Subordination. This Mortgage is subject to,and subordinate in all respects to that certain mortgage, of even date, in favor of*,;ISAOA, ATIMA, in the original loan amount of$*.00, and recorded in Official Records Book ,at Page ,of the Public Records of Miami- Dade County, Florida. 4. Insurance. The Mortgagor will keep all buildings and improvements now or hereafter on said Premises insured against loss or damage by fire,extended coverage and other perils, in an amount of not less than the replacement value, and agrees to deliver said policy or policies to the Mortgagee when issued with the receipts for the payment of the premium therefore; and said policy or policies shall be subject to the approval of Mortgagee,shall include a standard mortgage clause, Page 2 of 10 and shall name Mortgagee as an additional loss payee and/or as an additional insured; and in the event any sum of money becomes payable under such policy or policies,the Mortgagee shall permit the Mortgagor to receive and use it, or any part thereof, for repair or restoration of the mortgaged property,subject to terms reasonably acceptable to Mortgagee,without thereby waiving or impairing any equity, lien or right under or by virtue of this Mortgage; and the Mortgagee, if it deems necessary, may place and pay for such insurance, or any part thereof, without losing, waiving or affecting Mortgagee's option to foreclose for breach of this covenant, or any part thereof,or any right or option under this mortgage, and every such payment shall bear interest from date thereof until paid at the Default Interest Rate (as defined in the Note), and all such payments with interest as aforesaid shall be secured by the lien hereof; in the event any loss or damage is suffered,Mortgagor shall notify the insured and Mortgagee of such loss or damage within seven (7) days after the happening thereof;the failure to give such notice shall constitute a default and the Mortgagee shall have the rights herein given for all defaults, and in such case,without waiving such default rights, Mortgagee shall be authorized to notify the insured and process any related claims. 5. Care of Premises. (a) The Mortgagor will keep the improvements now or hereafter erected on the Premises in good condition and repair, will not commit or suffer any waste and will not do or suffer to be done anything which will increase the risk of fire or other hazard to the Premises or any part thereof. (b) The Mortgagor will not remove or demolish nor alter the design or structural character of any building (now or hereafter erected),fixture or chattel which are part of the security or other part of the Premises without the prior written consent of the Mortgagee. (c) If the Premises or any part thereof is damaged by fire or any other cause,the Mortgagor will give written notice of the same to the Mortgagee. (d) The Mortgagee or its representative is hereby authorized to enter upon and inspect the Premises at any time during normal business hours. (e) The Mortgagor will promptly comply with all present and future laws, ordinances, rules and regulations of any governmental authority affecting the Premises or any part thereof. (f) If all or any part of the Premises shall be damaged by fire or other casualty, the Mortgagor will, upon request of the Mortgagee, promptly restore the Premises to the equivalent of its condition immediately prior to such damage, and if a part of the Premises shall be damaged through condemnation,the Mortgagor will, upon request of Mortgagee, promptly restore, repair or alter the remaining part of the Premises in a manner reasonably satisfactory to the Mortgagee. 6. Further Assurances; Modifications. At any time, and from time to time, upon the reasonable request by the Mortgagee,the Mortgagor will make,execute and deliver or cause to be made, executed and delivered,to the Mortgagee,any and all other further instruments, certificates and other documents as may, in the opinion of the Mortgagee, be necessary or desirable in order to effectuate, complete, or perfect or to continue and preserve (i) the obligations of the Mortgagor under the Note, (ii)the security interest of this Mortgage, and (iii)the mortgage lien hereunder. Page 3 of 10 7. Expenses. The Mortgagor will pay or reimburse the Mortgagee for all costs, expenses,and reasonable attorney's fees, including those in connection with appellate proceedings, incurred by the Mortgagee in any proceedings involving the estate of a decedent or an insolvent,or in any action, legal proceeding or dispute of any kind in which the Mortgagee is victorious,affecting the indebtedness secured hereby, this Mortgage or the interest created herein, or the Premises, including but not limited to the exercise of the power of sale of this Mortgage, any condemnation action involving the Premises or any action to protect the security hereof; and any such amounts paid by the Mortgagee shall be secured by this Mortgage. 8. Estoppel Affidavits. The Mortgagor, upon ten (10) days prior written notice, shall furnish the Mortgagee a written statement,duly acknowledged,setting forth the unpaid principal of, and interest on,the indebtedness secured hereby and whether or not any off-sets or defenses exist against such principal and interest. The Mortgagee shall provide a similar estoppel affidavit, upon ten (10) days prior written notice to Mortgagor. 9. Performance by Mortgagee of Defaults by Mortgagor. If the Mortgagor shall default in the payment of any tax, lien, assessment or charge levied or assessed against the Premises; in the payment of any utility charge, whether public or private; in the payment of any insurance premium; in the procurement of insurance coverage and the delivery of the insurance policies required hereunder; in the performance of any covenant,term or condition of any leases affecting all or any part of the Premises; or in the performance or observance of any covenant,condition or term of this Mortgage; then the Mortgagee, at its option, may perform or observe the same, and all payments made or costs incurred by the Mortgagee in connection therewith, shall be secured hereby and shall be,without demand, immediately repaid by the Mortgagor to the Mortgagee. The Mortgagee is hereby empowered to enter and to authorize others to enter upon the Premises or any part thereof for the purpose of performing or observing any such defaulted covenant, condition or term, without thereby becoming liable to the Mortgagor or any other person in possession holding under the Mortgagor. 10. Restrictive Covenants. The Principal Amount has been funded through the State Housing Initiatives Partnership ("SHIP") Program funds, which were utilized to purchase the Premises, in order to provide affordable housing for Mortgagor in accordance with Chapter 67-37 of the Florida Administrative Code,the"SHIP Program Rule",as may be amended from time to time,in accordance with Sections 420.907-420.9079, Florida Statutes, et seq., as may be amended from time to time. In consideration of these SHIP program funds, Mortgagor has executed a Declaration of Restrictive Covenants (the "Declaration"), of even date, which subjects the Premises to certain recapture provisions,covenants and restrictions("Covenants")for a period of fifteen(15)years from the date of execution of the Declaration ("Affordability Period"). 11. Condemnation. If all or any part of the Premises shall be damaged or taken through condemnation (which term when used in this mortgage shall include any damage or taking by any governmental authority, and any transfer by private sale in lieu thereof), either temporarily or permanently,the entire indebtedness secured hereby shall,at the option of the Mortgagee,become immediately due and payable. The Mortgagee shall be entitled to all compensation awards, and other payments or relief therefore and is hereby authorized, at its option, to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All such compensation, awards, damages, claims, rights of action and proceeds and the right thereto are hereby assigned by the Mortgagor to the Mortgagee, who, after deducting therefrom all its expenses, including attorney's fees, may release any moneys so received by it without affecting the lien of this mortgage or may apply the same in such manner as the Mortgagee shall determine,to the reduction of the sums secured hereby,and to any prepayment charge herein provided,and any Page 4 of 10 balance of such moneys then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments of any compensation,awards,damages,claims, rights of action and proceeds as the Mortgagee may require. Notwithstanding the foregoing,Mortgagee shall allow any proceeds or other sums payable from a condemnation proceeding to be applied for restoration of the mortgaged property, subject to such terms and conditions as are reasonably satisfactory to Mortgagee. 12. Hazardous Waste Storage. The Mortgagor covenants with the Mortgagee that the Premises have not been used and will not be used in whole or in part for the storage of hazardous waste other than in accordance with all applicable governmental requirements. II. 1. Default. A default shall have occurred hereunder if: (a) The Mortgagor shall fail to pay in full within fifteen (15)days from when due any installment of principal, interest, or late charges required by the Note, this Mortgage and otherwise; or (b) The Mortgagor shall fail to duly observe on time any other covenant, condition or agreement of this Mortgage or of any other instrument evidencing, securing or executed in connection with the indebtedness secured hereby, (herein this Mortgage, Note, Declaration, and said other instruments are sometimes collectively called the "Loan Documents") and such failure remains uncured for a period of thirty(30)days after notice thereof shall have been given by the Mortgagee to the Mortgagor; or (c) Any warranties or representations made or agreed to be made in any of the Loan Documents shall be breached by the Mortgagor or shall prove to be false or misleading in any material respect; or (d) Any lien for labor or material or otherwise shall be filed against the Premises, and such lien is not cancelled, removed,transferred, or bonded off within thirty(30) days; or (e) A levy shall be made under any process on, or a receiver be appointed for, the Premises or any other property of the Mortgagor; or (f) The Mortgagor shall file a voluntary petition in bankruptcy, or any other petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation or similar relief for the Mortgagor under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtor; or (g) The Mortgagor shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Mortgagor or of all or any part of the Premises or of any or all of the rents, revenues, issues, earnings, profits or income thereof; or (h) The Mortgagor shall make any general assignment for the benefit of creditors; or Page 5 of 10 (i) In any legal proceeding the Mortgagor shall be adjudged to be insolvent or unable to pay the Mortgagor's debts as they become due; or (j) Any default under any other mortgage encumbering the Premises that occurs and continues beyond any applicable cure period, shall constitute a default under this Mortgage, which default under this Mortgage automatically will be deemed to have continued beyond any applicable cure period. 2. Acceleration of Maturity. If a default shall have occurred hereunder,then the whole unpaid principal sum of the indebtedness secured hereby with interest accrued thereon shall,at the option of the Mortgagee, become due and payable without notice or demand, time being of the essence of this Mortgage and of the Note secured hereby;.and no omission on the part of the Mortgagee to exercise such option when entitled so to do shall be considered as a waiver of such right. 3. Right of Lender to Enter and Take Possession. (a) If any default shall have occurred and be continuing beyond any applicable grace period, the Mortgagor, upon demand of the Mortgagee, shall forthwith surrender to the Mortgagee the actual possession of the Premises and if,and to the extent permitted by law, the Mortgagee may enter and take possession of the Premises and may exclude the Mortgagor and the Mortgagor's agents and employees wholly therefrom. (b) For the purpose of carrying out the provisions of this subsection, the Mortgagor hereby constitutes and appoints the Mortgagee the true and lawful attorney in fact of the Mortgagor to do and perform, from time to time, any and all actions necessary and incidental to such purpose and does, by these presents,ratify and confirm any and all actions of said attorney in fact in the Premises. (c) Whenever all such defaults have been cured and satisfied, the Mortgagee shall surrender possession of the Premises to the Mortgagor, provided that the right of the Mortgagee to take possession,from time to time, pursuant to this subsection shall exist if any subsequent default shall occur and be continuing. 4. Appointment of a Receiver and Foreclosure. (a) If a default shall have occurred hereunder, then the whole debt secured by this Mortgage,with all interest thereon,and all other amounts hereby secured shall, at the option of Mortgagee, become immediately due and payable,and may forthwith or at any time thereafter be collected by suit at law, foreclosure of or other proceeding upon this Mortgage or by any other proper, legal or equitable procedure without declaration of such option and without notice. (b) Upon,or at any time after,the filing of a complaint to foreclose this Mortgage, the court in which such complaint is filed may appoint a receiver of the Premises. Such appointment may be made either before or after sale,without notice,without regard to the solvency or insolvency of Mortgagor at the time of application for such receiver and without regard to the then value of the Premises. Such receiver shall have power to collect the rents, issues and profits of the Premises during the pendency of such foreclosure suit,and in case of a sale and a deficiency, during the full statutory period of redemption,if any,whether there be redemption or not,as well Page 6 of 10 as during any further times when Mortgagor, except for the intervention of such receiver, would be entitled to collect such rents, issues and profits, and all other powers which may be necessary or are usual in such cases for the protection, possession,control, management and operation of the Premises during the whole of said period. (c) Mortgagor shall deliver to Mortgagee at any time, on its request, all agreements for deed,contracts,leases,abstracts,title insurance policies, muniment of title,surveys and other papers relating to the Premises,and in case of foreclosure thereof and failure to redeem, the same shall be delivered to and become the property of the person obtaining a deed to the Premises by reason of such foreclosure. 5. Discontinuance of Proceedings and Restoration of the Parties. In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by receiver, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason or shall have been determined adverse to the Mortgagee,then and in every such case the Mortgagor and the Mortgagee shall be restored to their former positions and rights hereunder, and all rights, powers and remedies of the Mortgagee shall continue as if no such proceeding had been taken. 6. Remedies Cumulative. No right,power or remedy conferred upon or reserved by the Mortgagee by this Mortgage is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or now or hereafter existing at law or in equity or by statute. III. 1. Successors and Assigns Included in Parties. Whenever in this Mortgage one of the parties hereto is named or referred to,the heirs, legal representatives, successors and assigns of such parties shall be included and all covenants and agreements contained in this indenture by or on behalf of the Mortgagor and by or on behalf of the Mortgagee shall bind and inure to the benefit of their respective heirs, legal representatives, successors and assigns, whether so expressed or not. Provided, however, that the Mortgagor shall have no right to assign its obligations hereunder without the prior written consent of the Mortgagee. 2. Headings. The headings of the sections, paragraphs and subdivisions of this Mortgage are for the convenience of reference only,are not to be considered a part hereof and shall not limit or otherwise affect any of the terms hereof. 3. Invalid Provisions to Affect No Others. If fulfillment of any provision hereof or any transaction related hereto or to the Note, at the time performance of such provisions shall be due, shall involve transcending the limit of validity prescribed by law,then ipso facto,the obligation to be fulfilled shall be reduced to the limit of such validity; and if any clause or provision herein contained operates or would prospectively operate to invalidate this Mortgage in whole or in part, then such clause or provision only shall be held for naught,as though not herein contained,and the remainder of this Mortgage shall remain operative and in full force and effect. Notwithstanding any provision contained herein, the total liability of Mortgagor for payment of interest, including service charges, penalties or any other fees pursuant to this Agreement, shall not exceed the maximum amount of such interest permitted by applicable law to be charged,and if any payments by Mortgagor include Page 7 of 10 interest in excess of the maximum allowable amount then said excess shall be applied to the reduction of the unpaid principal amount due pursuant hereto. 4. Number and Gender. Whenever the singular or plural number, masculine or feminine or neuter gender is used herein, it shall equally include the other. IV. 1. Notice. Any notice or other communication required or permitted to be given hereunder shall be sufficient if in writing and delivered in person or sent by United States Certified Mail, postage prepaid, to the parties being given such notice at the following addresses: MORTGAGOR v * • MIAMI BEACH, FL 331'"*: MORTGAGEE: CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager Any party may change said address by giving the other parties hereto notice of such change of address. Notice given as hereinabove provided shall be deemed given on the date of its deposit in the United States Mail and, unless sooner received, shall be deemed received by the party to whom it is addressed on the third calendar day following the date on which said notice is deposited in the mail, or if a courier system is used, on the date of delivery of the notice. V. 1. Assignment of Rents and Leases. As further security for payment of principal interest and other amounts due Mortgagee now or hereafter secured hereby, Mortgagor hereby transfers, assigns and sets over unto Mortgagee all leases,if any, now or hereafter entered into by Mortgagor with respect to all or any part of the Premises, and all renewals, extensions, subleases or assignments thereof,and all other written or oral occupancy agreements, by concession, license or otherwise, together with all of the rents, income, receipts, revenues, issues and profits arising therefrom. Mortgagee shall have, in addition to all other rights and remedies hereunder,those rights of a mortgagee under Florida Statutes Section 697.07, as now or hereafter in effect. 2. Security Agreement. This instrument also creates a security interest in any and all equipment and furnishings as are considered or determined to be personal property or fixtures, together with all replacements, substitutions, additions, products and proceeds thereof, in favor of the Mortgagee under the Florida Uniform Commercial Code to secure payment of principal,interest and other amounts due Mortgagee now or hereafter secured hereby,and Mortgagee shall also have all the rights and remedies of a secured party under the Florida Uniform Commercial Code, and without limitation upon or in derogation of the rights and remedies created and accorded to the Mortgagee by this Mortgage pursuant to the common law or any other laws of the State of Florida or any other jurisdiction, it being understood that the rights and remedies of Mortgagee under the Florida Uniform Commercial Code shall be cumulative and in addition to all other rights and remedies of Mortgagee arising under the common law or any other laws of the State of Florida or any other jurisdiction. Page 8 of 10 3. Choice of Law. This Mortgage is to be construed in all respects and enforced according to the laws of the State of Florida. 4. Binding Effect. This Mortgage shall be binding upon and inure to the benefit of the Mortgagor and Mortgagee hereto, and their respective heirs, successors and assigns. IN WITNESS WHEREOF, Mortgagor has caused this Mortgage to be executed on the date first above written. THIS IS A BALLOON MORTGAGE WHERE THE PRINCIPAL BALANCE DUE UPON MATURITY IS $0:00 NOTWITHSTANDING ACCRUED INTEREST, ONLY IF APPLICABLE WITH ALL ADVANCEMENTS MADE BY THE MORTGAGEE UNDER THE TERMS OF THIS MORTGAGE. WITNESSES: MORTGAGOR: Print: Print: STATE OF FLORIDA ) COUNTY OF ) The foregoing Second Mortgage and Security Agreement was acknowledged before me this day of , 20_, by*, who is personally known to me or has produced as identification. Name: Notary Public State of Florida at Large My commission expires: Page 9 of 10 EXHIBIT"A" LEGAL DESCRIPTION Condominium!'of:!;a Condominium, according to the Declaration of Condominium thereof, as recorded at Official Records Book*, at Page;*,;of the Public Records of Miami-Dade County, Florida, and any amendments thereto, together with its undivided share in the common elements. [Property Address: *] Updated 8-28-2018 GNT Page 10 of 10 PROMISSORY NOTE ($*) , 2018 Miami-Dade County, Florida FOR VALUE RECEIVED the undersigned, *, a * * (the "Maker"), whose address is *, Unit *, Miami Beach, FL *, promises to pay to the order of City Of Miami Beach, Florida, a Florida municipal corporation, together with any other holder of this Promissory Note (the "Holder"), whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139, Attention: City Manager, or such other place as Holder may from time to time designate in. writing, the principal sum of * and 00/100 ($*.00) Dollars (the "Principal Amount"), to be paid in lawful money of the United States of America in accordance with the terms of this Promissory Note (the "Note"). 1. THIS NOTE SECURED BY A MORTGAGE AND DECLARATION OF RESTRICTIVE COVENANT This Note is secured by a Second Mortgage and Security Agreement (the "Mortgage") and Declaration of Restrictive Covenants (the "Declaration"), all of even date herewith, from Maker, in favor of Holder, encumbering certain real property in Miami-Dade County, Florida, together with all structures and improvements thereon, located at *, Miami Beach, Florida * (the "Premises"). The Note, Mortgage, Declaration and all other agreements, instruments and documents delivered in connection with the Note, Mortgage and Declaration are collectively referred to herein as the "Loan Documents". 2. INTEREST Interest on this Note shall be zero percent (0%) per annum; except that if Maker fails to pay this Note as required, any payment due shall bear interest at the rate of eighteen percent (18%) per annum or the maximum interest rate allowed by law, whichever is less (the "Default Interest Rate") until paid to Holder. 3. PAYMENTS Principal payments shall be deferred for fifteen (15) years from the date of this Note (the "Affordability Period"). Notwithstanding the foregoing, during the Affordability Period, the total Principal Amount, together with interest at the Default Interest Rate, shall be immediately due and owing under the following circumstances: (a) the Premises are (i) leased or rented; (ii) sold, conveyed or transferred, by operation of law or otherwise (except as permitted by the Declaration to an approved heir residing on the Premises); (iii) encumbered (voluntary or otherwise), mortgaged or refinanced (except as permitted by the Declaration as to a senior mortgage), or (iv) a foreclosure action is instituted against the Premises; (b) upon the occurrence of an event of default pursuant to any one of the Loan Documents (including the Covenants incorporated in the Declaration) now or hereafter evidencing, securing or guaranteeing payment of the indebtedness evidenced by this Note; or (c) any willful misstatement of, or failure to disclose, a material fact by Maker. Recovery against Maker for fraud or misrepresentation is not limited to the proceeds of sale of the Premises but may include personal judgment and execution thereon to the full extent authorized by law. Page 1 of 4 However, if Maker uses and occupies the Premises as Maker's primary residence, free of any defaults hereunder, during the Affordability Period, the entire Principal Amount shall be forgiven upon expiration of the Affordability Period. 4. DEFAULTS If Maker does not pay the full amount as required in Section 3 above, Maker will be in default. If Maker is in default, Maker agrees, to pay all costs of collection, including reasonable attorneys' fees, whether or not suit is brought, and whether incurred in connection with collection, trial, appeal, bankruptcy or other creditor proceedings or otherwise. 5. CHOICE OF LAW This Note has been executed and delivered in, and is to be governed by and construed under the laws of, the State of Florida, as amended, except as modified by the laws and regulations of the United States of America. 6. NO WAIVER Acceptance of partial payments or payments marked "payment in full" or "in satisfaction" or words to similar effect shall not affect the duty of Maker to pay all obligations due under this Note, and shall not affect the right of Holder to pursue all remedies available to it under the Loan Documents or applicable law. The remedies of Holder shall be cumulative and concurrent, and may be pursued singularly, successively or together, at the sole discretion of Holder, and may be exercised as often as occasion therefore shall arise. No action or omission of Holder, including specifically any failure to exercise or forbearance in the exercise of any remedy, shall be deemed to be a waiver or release of the same, such waiver or release to be effected only to the extent specifically recited in a written document executed by Holder. A waiver or release with reference to any one event shall not be construed as continuing or as constituting a cause of dealing, nor shall it be construed as a bar to, or as a waiver or release of, any subsequent remedy as to a subsequent event. 7. NOTICE Any notice to be given or to be served upon the Maker or the Holder in connection with this Note, whether required or otherwise, shall be sufficient if in writing and delivered in person or sent by United States Certified Mail, postage prepaid, to the parties being given such notice at the following addresses: Maker: * MIAMI BEACH, FL 331** Holder: CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager Page 2 of 4 Any party may change said address by giving the other parties hereto notice of such change of address. Notice given as hereinabove provided shall be deemed given on the date of its deposit in the United States Mail and, unless sooner received, shall be deemed received by the party to whom it is addressed on the third calendar day following the date on which said notice is deposited in the mail, or if a courier system is used, on the date of delivery of the notice. 8. The term "other person liable for payment hereof" shall include any endorser, guarantor, surety or other person now or hereafter primarily or secondarily liable for the payment of this Note, whether by signing this or another instrument. 9. NUMBER AND GENDER Whenever the context so requires, the neuter gender includes the feminine and/or masculine as the case may be, and the singular number includes the plural, and the plural number includes the singular. 10. BORROWER WAIVERS Maker and any other person liable for the payment hereof respectively, hereby expressly (a) waive any valuation and appraisal, demand for payment of amount due (known as "presentment"), notice that amounts due have not been paid (known as "notice of dishonor"), official certification of nonpayment (known as a "protest".), and all other forms of notice whatsoever, and diligence in collection; and (b) agree that Holder may, from time to time and without notice or demand to any of them: (i) extend, rearrange, renew or postpone any or all payments, (ii) release, exchange, add to or substitute all or any part of the collateral for this Note, and/or(iii) release Maker (or any co-maker) or any other person liable for payment hereof, without in any way modifying, altering, releasing, affecting or limiting their respective liability or the lien of any security instrument. 11. WAIVER OF JURY TRIAL BY EXECUTING THIS NOTE, MAKER KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHTS OR THE RIGHTS OF ITS HEIRS, ASSIGNS, SUCCESSORS OR PERSONAL REPRESENTATIVES TO A TRIAL BY JURY, IF ANY, IN ANY ACTION, PROCEEDING OR SUIT, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND WHETHER ASSERTED BY WAY OF COMPLAINT, ANSWER, CROSSCLAIM, COUNTERCLAIM, AFFIRMATIVE DEFENSE OR OTHERWISE, BASED ON, ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS NOTE OR ANY OTHER INSTRUMENT, DOCUMENT OR AGREEMENT TO BE EXECUTED IN CONNECTION HEREWITH OR WITH THE INDEBTEDNESS OR THE RENEWAL, MODIFICATION OR EXTENSION OF ANY OF THE FOREGOING OR ANY FUTURE ADVANCE THEREUNDER. THIS PROVISION IS A MATERIAL INDUCEMENT FOR HOLDER'S EXTENDING CREDIT TO A BORROWER AND NO WAIVER OR LIMITATION OF HOLDER'S RIGHTS HEREUNDER SHALL BE EFFECTIVE UNLESS IN WRITING AND MANUALLY SIGNED ON HOLDER'S BEHALF. Maker acknowledges that the above paragraph has been expressly bargained for by Holder as part of the transaction with Maker and that, but for Maker's agreement to such paragraph, Holder would not have loaned the Principal Amount to the Maker pursuant to the terms of this Note. Page 3 of 4 IN WITNESS WHEREOF, Maker has executed this Note on the day and year first above written. MAKER: STATE OF FLORIDA COUNTY OF ) The foregoing Promissory Note was acknowledged before me this day of , 20_, by *, who is personally known to me or has produced as identification. Name: Notary Public State of Florida at Large My commission expires: Updated 10-18-2018gnt Page 4 of 4 This instrument prepared by: Raul J. Aguila City Attorney City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 (Space reserved for Clerk of Court) DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants(hereinafter the"Declaration"),is made this day of , 2018 by* (hereinafter the "Owner"), whose address is *, Miami Beach, Florida 331** (the "Premises"). RECITALS: WHEREAS,Owner purchased the Premises located in the City of Miami Beach,Miami-Dade County, Florida, and legally described in Exhibit "A" attached hereto; and WHEREAS, in connection with the purchase of the Premises, Owner executed a first mortgage in favor of*, ISAOA, ATIMA, in the original principal sum of$* (the "first mortgage", or "senior mortgage"); and WHEREAS,simultaneously with the first mortgage,Owner executed a second Mortgage and Security Agreement (the "Mortgage") in favor of City of Miami Beach, Florida (the "City"), as evidenced by that certain Promissory Note (the "Note"), in the original principal amount of * and 00/100 ($*) Dollars (the "Principal Amount"); and WHEREAS, the Principal Amount has been funded through the State Housing Initiatives Partnership ("SHIP") Program funds, which were utilized to purchase the Premises, in order to provide affordable housing for Owner in accordance with Chapter 67-37 of the Florida Administrative Code,the"SHIP Program Rule",as may be amended from time to time,in accordance with Sections 420.907-420.9079, Florida Statutes, et seq., as may be amended from time to time; and WHEREAS, in consideration for receipt of these SHIP funds, the City desires, and Owner hereby acknowledges and agrees, to impose upon the Premises certain recapture provisions, covenants and restrictions("Covenants")for a period of fifteen(15)years from the date of execution of this Declaration ("Affordability Period"). NOW, THEREFORE, Owner voluntarily covenants and agrees that the Premises shall be subject to the following Covenants during the Affordability Period, that are intended to be binding upon Owner, and his/her/their heirs, successors in interest and assigns,for the benefit of the City and its successors and/or assigns (collectively, the "City"), as follows: 1. The findings set forth in the Recitals of this Declaration are hereby adopted by reference and incorporated herein as if fully set forth in this Section. 2. Covenants. (a) During the Affordability Period, the Premises shall not be leased, rented, refinanced (other than in the manner permitted in subsection (d) below), encumbered (voluntary or otherwise) or mortgaged (excluding any senior mortgages, as defined in subsection (b) below)without the prior written consent of the City Manager. If, during the Affordability Period, the Premises are leased, rented, sold, conveyed, transferred (other than in the manner permitted in subsection (c)below)or refinanced (other than in the manner permitted in subsection(d) below), the Owner shall repay to the City the full Principal Amount at the time of any such lease, rental, sale, conveyance, transfer or refinance of the Premises. If the net proceeds from such sale are less than the Principal Amount, Owner shall retain the amount of the sales commission related to the sale of the Premises and the cost of any improvements to the Premises which were provided/authorized by the City,and the City will recapture the remaining balance of the proceeds for use in other eligible SHIP Program activities. Additionally, part of the profit realized from the sale of the Premises shall also be paid to the City("Profit Recapture Provision")as follows: If the Premises are sold between the first and the tenth year, fifty percent(50%) of the profit shall be paid to the City; if the Premises are sold between the eleventh and fifteenth year,twenty-five percent(25%)of the profit shall be paid to the City.The profit is defined as the sales price at the time of the sale minus the sales price of the Premises at the time the homeowner acquired it with the assistance of the SHIP funds. (b) The Principal Amount shall be payable at the time and in the manner stipulated in subsection (a) above; and, with the exception of the existing first mortgage or other senior mortgages granted on the date of the delivery of the deed to Owner in connection with the purchase of the Premises ("senior mortgage(s)"), this Mortgage shall remain a lien superior in dignity to all other liens, titles, claims, mortgages, and/or other encumbrances, until paid. (c) In the event that title to the Premises is transferred by the death of the Owner to a surviving heir, or any other heir so designated by the Owner[a single heir or multiple heirs, collectively, shall be referred to herein as an "heir"], and said heir occupies the Premises as a principal residence,within six(6)months from the date of the Owner's death and meets the SHIP Program household income qualifications,the transfer of the Premises to the heir, as Owner under this Declaration, shall be approved by the City Manager. However,should said heir fail to occupy the Premises as a principal residence,within six(6) months from the date of the Owner's death,and continue said occupancy thereafter,and fail to meet the SHIP Program qualifications,the Principal Amount shall become due and owing to the City. In order to further ensure the enforcement of this subsection 2(c),any and all of Owner's successors, heirs and/or assigns must obtain the prior written consent of the City Manager,which consent shall not be unreasonably withheld, in connection with the transfer or resale of the Premises. (d) Notwithstanding the restrictions contained in subsection (a), Owner shall be permitted to refinance the Premises,without being subject to the provisions set forth therein, so long as the amount of the refinancing does not exceed the then outstanding balance of any senior mortgages and serves to reduce the mortgage payment and/or the interest rate under said senior mortgages. No cash-out refinance shall be permitted. 2 (e) It is hereby acknowledged by the parties hereto,that during the Affordability Period, the Premises must be occupied by Owner, as Owner's principal residence, and no sublease or rental of the Premises shall be permitted. If the Premises are no longer used as a principal residence by any Owner, Owner shall notify the City within thirty days of such change of use. (f) If a foreclosure action is instituted against the Premises,or the Owner wishes to sell the Premises during the Affordability Period, the Owner shall give to the City, or its assignee,the first right to purchase the Premises(the"Right of First Refusal")at the current market value for continued occupancy by eligible persons. In the case of a sale of the Premises by Owner, Owner shall provide the City with a written notice of the intent to sell the Premises (the"Offer Notice"), along with a copy of the signed purchase and sale agreement(the"Purchase Offer"),which Purchase Offer shall be contingent upon the City's refusal to exercise its Right of First Refusal. Within fifteen (15) days from receipt of said Purchase Offer, the City Manager or his designee may request additional information related to the sale of the Premises("Additional Information"). The City Manager,on behalf of the City,shall have sixty(60)days from receipt of said Offer Notice or the Additional Information,whichever occurs later("Acceptance Period"),to elect to exercise the Right of First Refusal, on its behalf and/or on behalf of its assignee to purchase the Premises for continued occupancy by eligible persons. If the City elects to exercise the Right of First Refusal,the City shall provide Owner with written confirmation of said election to consummate the transaction within the Acceptance Period. If the City elects not to exercise the Right of First Refusal, as confirmed in writing by the City Manager, or fails to respond, in writing, to Owner within the Acceptance Period, Owner shall have the right to consummate the Purchase Offer. Any favorable change in the material terms of the Purchase Offer(such as a decrease in the purchase price)or any new purchase offers shall require Owner to provide the City with a new written Offer Notice. (g) The City reserves the right to review compliance with all affordability requirements of the SHIP Program. Owner agrees to comply with the requirements of the SHIP Program and to cooperate with City's compliance procedures. 3. Right to Surplus Upon Foreclosure. In the event that a holder of record of any mortgage filed against the Premises (each a "mortgagee") institutes a foreclosure proceeding or other proceeding enforcing its rights under its mortgage and after the sale there is a surplus belonging to the Owner,the City shall be authorized to make a claim against the surplus for the City's portion of the surplus in accordance with the Profit Recapture Provision. To the extent that the Owner possesses any interest in any amount which would otherwise be payable to the City under this Section 3,to the fullest extent permissible by law, the Owner hereby assigns its interest in such amount to the City. 4. This Declaration shall be considered and construed as covenants and restrictions running with the land,and the same shall bind all persons claiming ownership of all,or any portion of the Premises. Owner hereby acknowledges and agrees that the City,its successors and/or assigns is intended to be the sole beneficiary of this Declaration,and nothing in this Declaration shall confer upon any person or entity,other than the City, its successors and/or assigns, any rights or remedies under or by reason of this Declaration. This Declaration cannot be released or amended without the 3 prior written consent of the City. 5. Notice. Any notice or other communication required or permitted to be given hereunder shall be sufficient if in writing and delivered in person or sent by United States Certified Mail, postage prepaid, to the parties being given such notice at the following addresses: OWNER: ** * MIAMI BEACH, FL 331** THE CITY: CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, Florida 33139 Attention: City Manager Any party may change said address by giving the other parties hereto notice of such change of address. Notice given as hereinabove provided shall be deemed given on the date of its deposit in the United States Mail and,unless sooner received, shall be deemed received by the party to whom it is addressed on the third calendar day following the date on which said notice is deposited in the mail, or if a courier system is used, on the date of delivery of the notice. 6. Invalidation of any of these Covenants by a court of competent jurisdiction shall in no way affect any of the other Covenants, which shall remain in full force and effect. 7. This Declaration shall be recorded in the Public Records of Miami-Dade County, Florida, at the cost of the Owner. 8. It is understood and agreed that, upon 48 hours prior notice, any official of the City may have the right at any time during normal working hours of entering and investigating the use of the Premises,to determine whether the conditions of this Declaration and the requirements set forth herein, are being complied with. 9. An action to enforce the terms and conditions of this Declaration may be brought by the City and may be by action at law or in equity against any party or person violating or attempting to violate any provision of this Covenant, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 10. This Declaration shall be governed by and construed in accordance with the laws of the State of Florida, both substantive and remedial, without regard to the principles of conflict of laws. The exclusive venue for any litigation arising out of this Declaration shall be Miami-Dade County, Florida. _ 11. This Declaration shall survive any proceedings in foreclosure, bankruptcy probate or any other proceedings at law or in equity. [SIGNATURES APPEAR ON THE NEXT PAGE] 4 IN WITNESS WHEREOF,the Owner has hereunto caused these presents to be signed and, attested by the respective witnesses on this day of , 2018. WITNESSES: OWNER: Print Name: By: Print Name: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) The foregoing Declaration of Restrictive Covenants was acknowledged before me this day of ,201_,by , who is/are personally known to me or has/have produced Florida Driver's License No. as identification. Name: Notary Public • State of Florida at Large My commission expires: 5 EXHIBIT "A" LEGAL DESCRIPTION The Premises shall be defined as the property located at *, Miami Beach, Florida 331**, Miami-Dade County, Florida, and legally described as follows: Condominium Unit * of*, a Condominium, according to the Declaration of Condominium thereof, as recorded at Official Records Book *, Page *, of the Public Records of Miami- Dade County, Florida,and any amendments thereto,together with its undivided share in the common elements. Updated 8-28-2018 6 Exhibit H-Procurement Policy MIAMIBEACH Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership (SHIP) Program I. Purpose The purpose of this policy is to establish internal controls for the selection and award of contractors for projects awarded by the City pursuant to the State Housing Initiatives Partnership (SHIP) program for owner-occupied rehabilitation projects funded by the Florida Housing Finance Corporation (FHFC)'s SHIP program. This Policy is intended to: • Ensure compliance with State of Florida requirements for the selection and award of contractors for State Housing Initiatives Partnership (SHIP) program projects funded by the Florida Housing Finance Corporation (FHFC)'s SHIP program • Ensure homeowners have access to prequalified contractors for all owner-occupied repairs; • Ensure that projects are awarded in a competitive manner that maximizes available funds; • Ensure homeowners have a platform for performance evaluation of contractors; • Ensure contractors have clear guidelines to complete work and receive timely payments; and • Ensure vendors comply with Building Department, Code Compliance and insurance requirements. II. Definitions. A. Project Manager. Third-party consultant responsible for conducting site inspections, drafting scope of work inclusive of projects specifications that will form the basis for the bid documents that will be submitted to the List of General Contractors. B. SHIP Program Coordinator. Office of Housing and Community Services (HCS) staff, responsible for seeing day-to-day operations of the SHIP program, including program monitoring,homeowner certifications, contractor qualifications approving payments and reporting data to the Florida Finance Housing Corporation. III. Contractor Qualifications. Contractors seeking to participate in the City's Housing Rehabilitation Program must be prequalified through the City's SHIP Contractor Prequalification Process. A. Annually (at a minimum), the City will issue a Request for Qualifications (RFQ) for those contractors interested in being prequalified to submit their statements of qualification for the City's consideration. Once prequalified, contractors must maintain the required licensing and insurance to be eligible for future projects awarded through this policy. 1 I Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership(SHIP)Program B. The City Manager, in his sole discretion, may approve or reject any contractor to be added to the list of prequalified SHIP contractors. Additionally, the City Manager may remove any contractor that has failed to maintain the qualification requirements or for which the City has documented unresolved or a history of performance issues. Any contractor wishing to appeal the City Manager's decision to not prequalify or to remove from prequalification, shall submit its reasons for the appeal directly to the City Manager. C. Any party who has been suspended or debarred by U.S. HUD or any other Federal Executive Branch Agency and is listed on the Current Exclusion List will not be accepted to participate in the program until at least six (6) months after the expiration of the applicable suspension or debarment. HCS will maintain a current listing of prequalified contractors that will be utilized to seek bids for the Housing Rehabilitation Program.The list will also be made available to City residents on the Department's website. Contractors are responsible for maintaining insurance and licensing information current; and providing updates to the City. All prequalified contractors will be invited to attend Pre-Bid meetings held by a HCS SHIP program staff at the project site.Contractors will be provided with the approved Specification of Work Report that will detail the work to be completed for that particular project. Contractors will be given a deadline to submit questions and bids. IV. Scope of Work and Specifications. The City contracts a third-party consultant (Project Manager) for project management services. The Project Manager will assist the SHIP coordinator in drafting the Specification of Work,project monitoring/evaluation and project closeout. A. The Project Manager will attend a walk through at the eligible homeowner's residence to assess needed repairs and will provide HCS with the Specification of Work that can be completed within the available project budget. Once the scope of work is approved by the homeowner, the SHIP coordinator will prepare the bid document. B. The bid document will include the Specification of Work and any other applicable documents, (e.g.floor plans, demolition plans, sketches, product specifications). C. The Project Manager will assist SHIP coordinator and any other City staff in the evaluation of the bids submitted by the Contractor. The Building Department may be provided with a copy of the Specification of Work for their review and any other applicable documents, in order to facilitate the expediting of applicable building permits. V. Required Competition. HCS SHIP Coordinator shall seek at least three written quotes from pre-qualified contractors and shall make reasonable efforts to maximize competition, including seeking quotes from all pre-qualified contractors. A. Upon the expiration of the established Bid Deadline, the bids will be reviewed and itemized on a bid tabulation. The HCS Director may approve awards to lowest 2 IPolicy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership(SHIP)Program responsive, responsible bidders for projects up to $50,000. Projects above $50,000 require the approval of the City Manager. In determining an award, the factors outlined in Section 2-369 of the City Code shall be considered. In rare cases when three quotes cannot be obtained,the approval of the City Manager shall be required regardless of the value of the project. B. Once the contractor is selected, a contract shall be executed between the City, the selected contractor and the homeowner.At a minimum,the contract shall state the payment schedule, scope of work, and schedule of work. Additionally, the homeowner will ekxecute the permit application and the notice of commencement. Contractor must record the Notice of Commencement. C. Contractors will only be awarded one project until they have completed a project that is in compliance with all project requirements, including no change orders or delays, and is satisfactory to the Owner and Department staff. Contractors may be awarded a maximum of two projects concurrently, as recommended by the State funder. If a contractor has two active projects, they will not be awarded any additional projects, unless the Contractor's performance is satisfactory in current or previous awards. Contractors are encouraged to participate in the bidding process regardless of the number of project's awarded. VI. Permits.The SHIP program prioritizes the repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, structural or systems faults, or the creation of additional living space. The work performed must be compliant with the City's building requirements. A. Once contractor is issued a contract, notice of commencement and permit application,they must follow the City's Building Permit procedures. B. The City will offer expedited permitting, as per the Local Housing Assistance Plan (LHAP), previously approved by Commission. C. The Contractor will provide all plans required by the Building Department with no typos or errors. D. The Contractor is responsible for ensuring that the project is compliant with requests, recommendations or suggestions provided by the Building Official/ Inspector. 3 I Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership(SHIP)Program VII. Payments. Progress and final payments to the contractor shall be approved by the City only after the work has been inspected by the housing inspector and determined to comply with the contract and the project bid specifications. A. The City will retain a percentage of all approved Draws, as allowed by Florida Statute, until final inspection and project completion. If a Contractor fails to complete the project and does not comply with the Specification of Work, that Contractor will not have the retainage released. B. There shall be a maximum of three (3) progress payments and final release of retainange once all permits are closed and final work product is approved by HCS. C. Upon completion of a project, a final inspection must be requested by the Contractor.The request must include a copy of the Final Draw Form and copy of all Permit cards with final approval from the Building Department Inspectors. The request is made by the contractor and requested from the independent inspector. D. All Draw Requests must be approved by the SHIP Program Coordinator and Department Director.The Finance Department will only process any Draw Requests once they are reviewed and approved by the Director or his/her designee. E. If the Homeowner does not receive satisfaction from the Contractor, the Department may withhold payment and/or retainer if deemed necessary, until a resolution is achieved. Likewise, the Department reserves the right to intervene on the Contractor's behalf if the Homeowner is refraining from approving a Draw request without just reason. The Department could proceed to pay the Contractor for the work completed as required without the Homeowner's approval. VIII. Change Orders. Any change order that does not increase the project amount greater than the amount stipulated herein may be approved administratively by the City Manager. The HCS Director may approve changes that increase the project value up to $50,000. Change orders for projects above $50,000 require the approval of the City Manager. IX. Dispute Resolution. If a problem arises between the homeowner and contractor, staff may intercede in order to ensure the project's completion. A. If a complaint relating to post-construction work deficiencies is received, the SHIP Program Coordinator will evaluate the complaint within ten (10) working days. B. If the complaint is determined to be valid and the contractor has not addressed the complaint in accordance with the construction contract, the contractor shall be suspended from further program participation pending corrective action. C. Corrective repair work through a different approved contractor may be initiated by the SHIP Program Coordinator if any emergency or extremely hazardous conditions 4 I Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership(SHIP)Program exist or if the contractor fails to show good faith at correcting the problem within the specified time limit. D. If the complaint is not valid, the homeowner will be so notified in writing. Owners are to be encouraged to contact the contractor directly in an attempt to resolve construction concerns prior to contacting the agency. E. If a complaint relating to processing, policy, or procedures is received,the staff will respond in writing.The staff response will explain applicable policy when necessary and specify corrective action if any is required. F. Under the terms of the Construction Agreement,the City has the authority to decide all questions relative to the interpretation of any contract documents and fulfillment of_.the construction contract as to the character, quality, amount and value of any work and materials furnished under the contract.City decisions regarding all claims, questions and disputes shall be final. G. In the event that the need for arbitration should arise,the Department may use the Construction Housing Inspector as an arbiter. The City's contracted Housing Inspector is an impartial and neutral third party. H. All disputes not resolved by program staff should be reported to Florida Housing Finance Corporation for possible resolution before the move to arbitration. All unsettled claims or disputes between the Property Owner and the Contractor arising out of of related to the work shall be submitted to arbitration under the laws governed by the State of Florida. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement, and shall be made within a • reasonable time after a dispute has arisen. X. Project Closeout. Once project checklist is completed,final inspections are conducted by the Building Department and the City's housing inspector, the final draw request will be reviewed. A. The Contractor must provide all warranties and releases of lien before the payment is processed. Any and all extended warranties beyond one year shall be provided to the Property Owner at the completion of the contract. B. If the Contractor fails to respond to and remedy a warranty issue, they will be disqualified from the program for one year and must reimburse the Department for any work contracted to and correct the warranted work. C. If the Contractor fails to reimburse the Department for work covered under the Contractor's warranty,the Contractor will be permanently removed from the Active Contractor List and will be reported to the Florida Department of Business and Professional Regulation. 5 Policy for the Selection of Contractors for Projects Awarded Pursuant to the State Housing Initiatives Partnership(SHIP)Program D. The project must meet property standards, as discussed in the pre-bid meeting and in the contract. Final payment will include release of retainage. XI.Vendor Performance. If, at any time during the project,the HCS finds that a contractor fails to meet his/her obligations with the homeowner and/or the City, and does not remedy the situation as stipulated by the HCS, the contractor will be removed from the list and will be unable to participate in the City's Housing Rehabilitation Program, until resolution of any issued that caused the removal. A. HCS staff will conduct an evaluation at the conclusion of each project which shall be retained in the contractor's records. Prior to each award of a project, the following shall be considered. there shall be considered the following: (1) The ability, capacity and skill of the bidder to perform the contract. (2) Whether the bidder can perform the contract within the time specified, without delay or interference. (3)The character, integrity, reputation,judgment, experience and efficiency of the bidder. (4)The quality of performance of previous contracts. (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract. Exhibit I-SHIP statute SHIP Statute July 1, 2016 PART VII STATE HOUSING INITIATIVES PARTNERSHIP 420.907 Short title. 420.9071 Definitions. 420.9072 State Housing Initiatives Partnership Program. 420.9073 Local housing distributions. 420.9075 Local housing assistance plans; partnerships. 420.9076 Adoption of affordable housing incentive strategies; committees. 420.9079 Local Government Housing Trust Fund. 420.9089 National Housing Trust Fund. 420.907 Short title.—Sections 420.907-420.9079 may be cited as the "State Housing Initiatives Partnership Act." History.—s. 32, ch.92-317. 420.9071 Definitions.—As used in ss. 420.907-420.9079, the term: (1) "Adjusted for family size" means adjusted in a manner that results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility determined as provided in subsection (19), subsection (20), or subsection (28), based upon a formula established by the United States Department of Housing and Urban Development. (2) "Affordable" means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in subsection (19), subsection (20), or subsection (28). However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark. (3) "Affordable housing advisory committee" means the committee appointed by the governing body of a county or eligible municipality for the purpose of recommending specific initiatives and incentives to encourage or facilitate affordable housing as provided in s. 420.9076. (4) "Annual gross income" means annual income as defined under the Section 8 housing assistance payments programs in 24 C.F.R. part 5; annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual income tax purposes or as defined by standard practices used in the lending industry as detailed in the local housing assistance plan and approved by the corporation. Counties and eligible municipalities shall calculate income by annualizing SHIP Statute July 1, 2016 verified sources of income for the household as the amount of income to be received in a household during the 12 months following the effective date of the determination. (5) "Award" means a loan, grant, or subsidy funded wholly or partially by the local housing assistance trust fund. (6) "Community-based organization" means a nonprofit organization that has among its purposes the provision of affordable housing to persons who have special needs or have very low income, low income, or moderate income within a designated area, which may include a municipality, a county, or more than one municipality or county, and maintains, through a minimum of one-third representation on the organization's governing board, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 C.F.R. s. 92.2 and a community development corporation created pursuant to chapter 290 are examples of community-based organizations. (7) "Corporation" means the Florida Housing Finance Corporation. (8) "Eligible housing" means any real and personal property located within the county or the eligible municipality which is designed and intended for the primary purpose of providing decent, safe, and sanitary residential units that are designed to meet the standards of the Florida Building Code or previous building codes adopted under chapter 553, or manufactured housing constructed after June 1994 and installed in accordance with the installation standards for mobile or manufactured homes contained in rules of the Department of Highway Safety and Motor Vehicles, for home ownership or rental for eligible persons as designated by each county or eligible municipality participating in the State Housing Initiatives Partnership Program. (9) "Eligible municipality" means a municipality that is eligible for federal community development block grant entitlement moneys as an entitlement community identified in 24 C.F.R. s. 570, subpart D, Entitlement Grants, or a nonentitlement municipality that is receiving local housing distribution funds under an interlocal agreement that provides for possession and administrative control of funds to be transferred to the nonentitlement municipality. An eligible municipality that defers its participation in community development block grants does not affect its eligibility for participation in the State Housing Initiatives Partnership Program. (10) "Eligible person" or "eligible household" means one or more natural persons or a family determined by the county or eligible municipality to be of very low income, low income, or moderate income according to the income limits adjusted to family size published annually by the United States Department of Housing and Urban Development based upon the annual gross income of the household. (11) "Eligible sponsor" means a person or a private or public for-profit or not-for-profit entity that applies for an award under the local housing assistance plan for the purpose of providing eligible housing for eligible persons. SHIP Statute July 1,2016 (12) "Grant" means an award from the local housing assistance trust fund to an eligible sponsor or eligible person to partially assist in the construction, rehabilitation, or financing of eligible housing or to provide the cost of tenant or ownership qualifications without requirement for repayment as long as the condition of award is maintained. (13) "Loan" means an award from the local housing assistance trust fund to an eligible sponsor or eligible person to partially finance the acquisition, construction, or rehabilitation of eligible housing with requirement for repayment or provision for forgiveness of repayment if the condition of the award is maintained. (14) "Local housing assistance plan" means a concise description of the local housing assistance strategies and local housing incentive strategies adopted by local government resolution with an explanation of the way in which the program meets the requirements of ss. 420.907-420.9079 and corporation rule. (15) "Local housing assistance strategies" means the housing construction, rehabilitation, repair, or finance program implemented by a participating county or eligible municipality with the local housing distribution or other funds deposited into the local housing assistance trust fund. (16) "Local housing incentive strategies" means local regulatory reform or incentive programs to encourage or facilitate affordable housing production, which include at a minimum, assurance that permits for affordable housing projects are expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3.; an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption; and a schedule for implementing the incentive strategies. Local housing incentive strategies may also include other regulatory reforms, such as those enumerated in s. 420.9076 or those recommended by the affordable housing advisory committee in its triennial evaluation of the implementation of affordable housing incentives, and adopted by the local governing body. (17) "Local housing distributions" means the proceeds of the taxes collected under chapter 201 deposited into the Local Government Housing Trust Fund and distributed to counties and eligible municipalities participating in the State Housing Initiatives Partnership Program pursuant to s. 420.9073. (18) "Local housing partnership" means the implementation of the local housing assistance plan in a manner that involves the applicable county or eligible municipality, lending institutions, housing builders and developers, real estate professionals, advocates for low-income persons, community- based housing and service organizations, and providers of professional services relating to affordable housing. The term includes initiatives to provide support services for housing program beneficiaries such as training to prepare persons for the responsibility of homeownership, counseling of tenants, and the establishing of support services such as day care, health care, and transportation. SHIP Statute July 1, 2016 (19) "Low-income person" or "low-income household" means one or more natural persons or a family that has a total annual gross household income that does not exceed 80 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever amount is greatest. With respect to rental units, the low-income household's annual income at the time of initial occupancy may not exceed 80 percent of the area's median income adjusted for family size. While occupying the rental unit, a low-income household's annual income may increase to an amount not to exceed 140 percent of 80 percent of the area's median income adjusted for family size. (20) "Moderate-income person" or "moderate-income household" means one or more natural persons or a family that has a total annual gross household income that does not exceed 120 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever is greatest. With respect to rental units, the moderate-income household's annual income at the time of initial occupancy may not exceed 120 percent of the area's median income adjusted for family size. While occupying the rental unit, a moderate-income household's annual income may increase to an amount not to exceed 140 percent of 120 percent of the area's median income adjusted for family size. (21) "Personal property" means major appliances, including a freestanding refrigerator or stove, to be identified on the encumbering documents. (22) "Plan amendment" means the addition or deletion of a local housing assistance strategy or local housing incentive strategy. Plan amendments must at all times maintain consistency with program requirements and must be submitted to the corporation for review pursuant to s. 420.9072(3). Technical or clarifying revisions may not be considered plan amendments but must be transmitted to the corporation for purposes of notification. (23) "Population" means the latest official state estimate of population certified pursuant to s. 186.901 prior to the beginning of the state fiscal year. (24) "Program income" means the proceeds derived from interest earned on or investment of the local housing distribution and other funds deposited into the local housing assistance trust fund, proceeds from loan repayments, recycled funds, and all other income derived from use of funds deposited in the local housing assistance trust fund. It does not include recaptured funds as defined in subsection (25). (25) "Recaptured funds" means funds that are recouped by a county or eligible municipality in accordance with the recapture provisions of its local housing assistance plan pursuant to s. 420.9075(5)(j) from eligible persons or eligible sponsors, which funds were not used for assistance to an eligible household for an eligible activity, when there is a default on the terms of a grant award or loan award. SHIP Statute July 1, 2016 (26) "Rent subsidies" means ongoing monthly rental assistance. (27) "Sales price" or "value" means, in the case of acquisition of an existing or newly constructed unit, the amount on the executed sales contract. For eligible persons who are building a unit on land that they own, the sales price is determined by an appraisal performed by a state-certified appraiser. The appraisal must include the value of the land and the improvements using the after-construction value of the property and must be dated within 12 months of the date construction is to commence. The sales price of any unit must include the value of the land in order to qualify as eligible housing as defined in subsection (8). In the case of rehabilitation or emergency repair of an existing unit that does not create additional living space, sales price or value means the value of the real property, as determined by an appraisal performed by a state-certified appraiser and dated within 12 months of the date construction is to commence or the assessed value of the real property as determined by the county property appraiser. In the case of rehabilitation of an existing unit that includes the addition of new living space, sales price or value means the value of the real property, as determined by an appraisal performed by a state-certified appraiser and dated within 12 months of the date construction is to commence or the assessed value of the real property as determined by the county property , appraiser, plus the cost of the improvements in either case. (28) "Very-low-income person" or "very-low-income household" means one or more natural persons or a family that has a total annual gross household income that does not exceed 50 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever is greatest. With respect to rental units, the very-low-income household's annual income at the time of initial occupancy may not exceed 50 percent of the area's median income adjusted for family size. While occupying the rental unit, a very-low-income household's annual income may increase to an amount not to exceed 140 percent of 50 percent of the area's median income adjusted for family size. (29) "Assisted housing" or "assisted housing development" means a rental housing development, including rental housing in a mixed-use development, that received or currently receives funding from any federal or state housing program. (30) "Preservation" means actions taken to keep rents in existing assisted housing affordable for extremely-low-income, very-low-income, low-income, and moderate-income households while ensuring that the property stays in good physical and financial condition for an extended period. History.—s. 32, ch. 92-317; s. 12, ch. 93-181; s. 3,ch. 96-332; s. 1046, ch. 97-103; s. 34, ch. 97-167; s. 14,ch. 98-56; s. 14, ch.2000-353;s.21, ch.2006-69; s.26, ch. 2009-96;s. 12, ch.2011-15;s. 66, ch.2011-139;s. 8,ch. 2016-210. 420.9072 State Housing Initiatives Partnership Program.—The State Housing Initiatives Partnership Program is created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of SHIP Statute July 1,2016 and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing-related employment. (1)(a) In addition to the legislative findings set forth in s. 420.6015, the Legislature finds that affordable housing is most effectively provided by combining available public and private resources to conserve and improve existing housing and provide new housing for very-low-income households, low- income households, and moderate-income households. The Legislature intends to encourage partnerships in order to secure the benefits of cooperation by the public and private sectors and to reduce the cost of housing for the target group by effectively combining all available resources and cost-saving measures. The Legislature further intends that local governments achieve this combination of resources by encouraging active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons, and community groups to produce affordable housing and provide related services. Extending the partnership concept to encompass cooperative efforts among small counties as defined in s. 120.52(19), and among counties and municipalities is specifically encouraged. Local governments are also intended to establish an affordable housing advisory committee to recommend monetary and nonmonetary incentives for affordable housing as provided in s. 420.9076. (b) The Legislature further intends that the State Housing Initiatives Partnership Program provide the maximum flexibility to local governments to determine the use of funds for housing programs while ensuring accountability for the efficient use of public resources and guaranteeing that benefits are provided to those in need. (2)(a) To be eligible to receive funds under the program, a county or eligible municipality must: 1. Submit to the corporation its local housing assistance plan describing the local housing assistance strategies established pursuant to s. 420.9075; 2. Within 12 months after adopting the local housing assistance plan, amend the plan to incorporate the local housing incentive strategies defined in s. 420.9071(16) and described in s. 420.9076; and 3. Within 24 months after adopting the amended local housing assistance plan to incorporate the local housing incentive strategies, amend its land development regulations or establish local policies and procedures, as necessary, to implement the local housing incentive strategies adopted by the local governing body. A county or an eligible municipality that has adopted a housing incentive strategy pursuant to s. 420.9076 before the effective date of this act shall review the status of implementation of the plan according to its adopted schedule for implementation and report its findings in the annual report required by s. 420.9075(10). If, as a result of the review, a county or an eligible municipality determines that the implementation is complete and in accordance with its schedule, no further action is necessary. Ifa county or an eligible municipality determines that implementation according to its schedule is not complete, it must amend its land development regulations or establish local policies SHIP Statute July 1,2016 and procedures, as necessary, to implement the housing incentive plan within 12 months after the effective date of this act, or if extenuating circumstances prevent implementation within 12 months, pursuant to s. 420.9075(13), enter into an extension agreement with the corporation. (b) A county or an eligible municipality seeking approval to receive its share of the local housing distribution must adopt an ordinance containing the following provisions: 1. Creation of a local housing assistance trust fund as described in s. 420.9075(6). 2. Adoption by resolution of a local housing assistance plan as defined in s. 420.9071(14) to be implemented through a local housing partnership as defined in s. 420.9071(18). 3. Designation of the responsibility for the administration of the local housing assistance plan. Such ordinance may also provide for the contracting of all or part of the administrative or other functions of the program to a third person or entity. 4. Creation of the affordable housing advisory committee as provided in s. 420.9076. The ordinance must not take effect until at least 30 days after the date of formal adoption. Ordinances in effect prior to the effective date of amendments to this section shall be amended as needed to conform to new provisions. (3)(a) The governing board of the county or of an eligible municipality must submit to the corporation one copy of its local housing assistance plan. The transmittal of the plan must include a copy of the ordinance, the adopting resolution, the local housing assistance plan, and such other information as the corporation requires by rule; however, information to be included in the plan is intended to demonstrate consistency with the requirements of ss. 420.907-420.9079 and corporation rule without posing an undue burden on the local government. Plans shall be reviewed by a committee composed of corporation staff as established by corporation rule. (b) Within 45 days after receiving a plan, the review committee shall review the plan and either approve it or identify inconsistencies with the requirements of the program. The corporation shall assist a local government in revising its plan if it initially proves to be inconsistent with program requirements. A plan that is revised by the local government to achieve consistency with program requirements shall be reviewed within 45 days after submission. The deadlines for submitting original and revised plans shall be established by corporation rule; however, the corporation shall not require submission of a new local housing assistance plan to implement amendments to this act until the currently effective plan expires. (c) The Legislature intends that approval of plans be expedited to ensure that the production of needed housing and the related creation of jobs occur as quickly as possible. After being approved for funding, a local government may amend by resolution its local housing assistance plan if the plan as amended complies with program requirements; however, a local government must submit its amended SHIP Statute July 1, 2016 plan for review according to the process established in this subsection in order to ensure continued consistency with the requirements of the State Housing Initiatives Partnership Program. (4) Moneys in the Local Government Housing Trust Fund shall be distributed by the corporation to each approved county and eligible municipality within the county as provided in s. 420.9073. Distributions shall be allocated to the participating county and to each eligible municipality within the county according to an interlocal agreement between the county governing authority and the governing body of the eligible municipality or, if there is no interlocal agreement, according to population. The portion for each eligible municipality is computed by multiplying the total moneys earmarked for a county by a fraction, the numerator of which is the population of the eligible municipality and the denominator of which is the total population of the county. The remaining revenues shall be distributed to the governing body of the county. (5)(a) Local governments are encouraged to make the most efficient use of their resources by cooperating to provide affordable housing assistance. Local governments may enter into an interlocal agreement for the purpose of establishing a joint local housing assistance plan subject to the requirements of ss. 420.907-420.9079. The local housing distributions for such counties and eligible municipalities shall be directly disbursed on a monthly basis to each county or eligible municipality to be administered in conformity with the interlocal agreement providing for a joint local housing assistance plan. (b) If a county or eligible municipality enters into an interlocal agreement with a municipality that becomes eligible as a result of entering into that interlocal agreement, the county or eligible municipality that has agreed to transfer the control of funds to a municipality that was not originally eligible must ensure through its local housing assistance plan and through the interlocal agreement that all program funds are used in a manner consistent with ss. 420.907-420.9079. This must be accomplished by: 1. Providing that the use of the portion of funds transferred to the municipality meets all requirements of ss. 420.907-420.9079, or 2. Providing that the use of the portion of funds transferred to the municipality, when taken in combination with the use of the local housing distribution from which funds were transferred, meets all requirements of ss. 420.907-420.9079. (6) The moneys that otherwise would be distributed pursuant to s. 420.9073 to a local government that does not meet the program's requirements for receipts of such distributions shall remain in the Local Government Housing Trust Fund to be administered by the corporation. (7)(a) A county or an eligible municipality must expend its portion of the local housing distribution only to implement a local housing assistance plan or as provided in this subsection. SHIP Statute July 1, 2016 (b) A county or an eligible municipality may not expend its portion of the local housing distribution to provide ongoing rent subsidies, except for: 1. Security and utility deposit assistance. 2. Eviction prevention not to exceed 6 months' rent. 3. A rent subsidy program for very-low-income households with at least one adult who is a person with special needs as defined in s. 420.0004 or homeless as defined in s. 420.621. The period of rental assistance may not exceed 12 months for any eligible household. (8) Funds distributed under this program may not be pledged to pay the debt service on any bonds. (9) The corporation shall adopt rules necessary to implement ss. 420.907-420.9079. 1(10) Notwithstanding ss. 420.9071(26) and 420.9075(5) and subsection (7), for the 2016-2017 fiscal year: (a) The term "rent subsidies" means ongoing monthly rental assistance. (b) Up to 25 percent of the funds made available in each county and each eligible municipality from the local housing distribution may be used for rental assistance and rent subsidies as provided in paragraph (c). (c) A county or an eligible municipality may expend its portion of the local housing distribution to provide the following types of rental assistance and rent subsidies: 1. Security and utility deposit assistance. 2. Eviction prevention subsidies not to exceed 6 months' rent. 3. Rent subsidies for very-low-income households with at least one adult who is a person with special needs as defined in s. 420.0004 or a person who is homeless as defined in s. 420.621 when the person initially qualified for a rent subsidy. The period of rental subsidy may not exceed 12 months for any eligible household or person. (d) This subsection expires July 1, 2017. History.—s. 32, ch. 92-317; s. 13, ch. 93-181; s. 35, ch. 97-167;s. 81, ch.2000-153;s. 22, ch. 2006-69; s. 19, ch. 2008-104;s.27, ch.2009-96; s. 14, ch.2011-3; s. 13, ch.2011-15; s. 67, ch.2015-222; s. 103, ch. 2016-62; s. 9, ch. 2016-210. Note.—Section 103,ch. 2016-62, amended subsection (10) "[i]n order to implement Specific Appropriation 2224 of the 2016-2017 General Appropriations Act." 420.9073 Local housing distributions.— (1) Distributions calculated in this section shall be disbursed on a quarterly or more frequent basis by the corporation pursuant to s. 420.9072, subject to availability of funds. Each county's share of the funds to be distributed from the portion of the funds in the Local Government Housing Trust Fund received pursuant to s. 201.15(4)(c) shall be calculated by the corporation for each fiscal year as follows: SHIP Statute July 1,2016 (a) Each county other than a county that has implemented chapter 83-220, Laws of Florida, as amended by chapters 84-270, 86-152, and 89-252, Laws of Florida, shall receive the guaranteed amount for each fiscal year. (b) Each county other than a county that has implemented chapter 83-220, Laws of Florida, as amended by chapters 84-270, 86-152, and 89-252, Laws of Florida, may receive an additional share calculated as follows: 1. Multiply each county's percentage of the total state population excluding the population of any county that has implemented chapter 83-220, Laws of Florida, as amended by chapters 84-270, 86-152, and 89-252, Laws of Florida, by the total funds to be distributed. 2. If the result in subparagraph 1. is less than the guaranteed amount as determined in subsection (3), that county's additional share shall be zero. 3. For each county in which the result in subparagraph 1. is greater than the guaranteed amount as determined in subsection (3), the amount calculated in subparagraph 1. shall be reduced by the guaranteed amount. The result for each such county shall be expressed as a percentage of the amounts so determined for all counties. Each such county shall receive an additional share equal to such percentage multiplied by the total funds received by the Local Government Housing Trust Fund pursuant to s. 201.15(4)(c) reduced by the guaranteed amount paid to all counties. (2) Distributions calculated in this section shall be disbursed on a quarterly or more frequent basis by the corporation pursuant to s. 420.9072, subject to availability of funds. Each county's share of the funds to be distributed from the portion of the funds in the Local Government Housing Trust Fund received pursuant to s. 201.15(4)(d) shall be calculated by the corporation for each fiscal year as follows: (a) Each county shall receive the guaranteed amount for each fiscal year. (b) Each county may receive an additional share calculated as follows: 1. Multiply each county's percentage of the total state population, by the total funds to be distributed. 2. If the result in subparagraph 1. is less than the guaranteed amount as determined in subsection (3), that county's additional share shall be zero. 3. For each county in which the result in subparagraph 1. is greater than the guaranteed amount, the amount calculated in subparagraph 1. shall be reduced by the guaranteed amount. The result for each such county shall be expressed as a percentage of the amounts so determined for all counties. Each such county shall receive an additional share equal to this percentage multiplied by the total funds received by the Local Government Housing Trust Fund pursuant to s. 201.15(4)(d) as reduced by the guaranteed amount paid to all counties. (3) Calculation of guaranteed amounts: SHIP Statute July 1, 2016 (a) The guaranteed amount under subsection (1) shall be calculated for each state fiscal year by multiplying $350,000 by a fraction, the numerator of which is the amount of funds distributed to the Local Government Housing Trust Fund pursuant to s. 201.15(4)(c) and the denominator of which is the total amount of funds distributed to the Local Government Housing Trust Fund pursuant to s. 201.15. (b) The guaranteed amount under subsection (2) shall be calculated for each state fiscal year by multiplying $350,'000 by a fraction, the numerator of which is the amount of funds distributed to the Local Government Housing Trust Fund pursuant to s. 201.15(4)(d) and the denominator of which is the total amount of funds distributed to the Local Government Housing Trust Fund pursuant to s. 201.15. (4) Funds distributed pursuant to this section may not be pledged to pay debt service on any bonds. (5) Notwithstanding subsections (1)-(4), the corporation may withhold up to $5 million of the total amount distributed each fiscal year from the Local Government Housing Trust Fund to provide additional funding to counties and eligible municipalities where a state of emergency has been declared by the Governor pursuant to chapter 252. Any portion of the withheld funds not distributed by the end of the fiscal year shall be distributed as provided in subsections (1) and (2). (6) Notwithstanding subsections (1)-(4), the corporation may withhold up to $5 million from the total amount distributed each fiscal year from the Local Government Housing Trust Fund to provide funding to counties and eligible municipalities to purchase properties subject to a State Housing Initiative Partnership Program lien and on which foreclosure proceedings have been initiated by any mortgagee. Each county and eligible municipality that receives funds under this subsection shall repay such funds to the corporation not later than the expenditure deadline for the fiscal year in which the funds were awarded. Amounts not repaid shall be withheld from the subsequent year's distribution. Any portion of such funds not distributed under this subsection by the end of the fiscal year shall be distributed as provided in subsections (1) and (2). (7) A county receiving local housing distributions under this section or an eligible municipality that receives local housing distributions under an interlocal agreement shall expend those funds in accordance with the provisions of ss. 420.907-420.9079, rules of the corporation, and the county's local housing assistance plan. History.—s. 32, ch.92-317;s. 36; ch. 97-167; s. 15, ch.98-56; s. 49, ch.99-247; ss. 82, 83,ch. 2000-153; s. 28,ch. 2009-96; s. 14, ch. 2011-15; s. 78, ch. 2015-229. 420.9075 Local housing assistance plans; partnerships.— (1)(a) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program shall develop and implement a local housing assistance plan created to make affordable residential units available to persons of very low income, low income, or moderate income and to persons who have special housing needs, including, but not limited to, homeless people, the elderly, migrant farmworkers, and persons with disabilities. Counties or eligible municipalities may include SHIP Statute July 1,2016 strategies to assist persons and households having annual incomes of not more than 140 percent of area median income. The plans are intended to increase the availability of affordable residential units by combining local resources and cost-saving measures into a local housing partnership and using private and public funds to reduce the cost of housing. (b) Local housing assistance plans may allocate funds to: 1. Implement local housing assistance strategies for the provision of affordable housing. 2. Supplement funds available to the corporation to provide enhanced funding of state housing programs within the county or the eligible municipality. 3. Provide the local matching share of federal affordable housing grants or programs. 4. Fund emergency repairs, including, but not limited to, repairs performed by existing service providers under weatherization assistance programs under ss. 409.509-409.5093. 5. Further the housing element of the local government comprehensive plan adopted pursuant to s. 163.3184, specific to affordable housing. (2)(a) Each county and each eligible municipality participating in the State Housing Initiatives Partnership Program shall encourage the involvement of appropriate public sector and private sector entities as partners in order to combine resources to reduce housing costs for the targeted population. This partnership process should involve: 1. Lending institutions. 2. Housing builders and developers. 3. Nonprofit and other community-based housing and service organizations. 4. Providers of professional services relating to affordable housing. 5. Advocates for low-income persons, including, but not limited to, homeless people, the elderly, and migrant farmworkers. 6. Real estate professionals. 7. Other persons or entities who can assist in providing housing or related support services. 8. Lead agencies of local homeless assistance continuums of care. (b) The specific participants in partnership activities may vary according to the community's resources and the nature of the local housing assistance plan. (3)(a) Each local housing assistance plan shall include a definition of essential service personnel for the county or eligible municipality, including, but not limited to, teachers and educators, other school district, community college, and university employees, police and fire personnel, health care personnel, skilled building trades personnel, and other job categories. (b) Each county and each eligible municipality is encouraged to develop a strategy within its local housing assistance plan that emphasizes the recruitment and retention of essential service personnel. The local government is encouraged to involve public and private sector employers. Compliance with SHIP Statute July 1,2016 the eligibility criteria established under this strategy shall be verified by the county or eligible municipality. (c) Each county and each eligible municipality is encouraged to develop a strategy within its local housing assistance plan that addresses the needs of persons who are deprived of affordable housing due to the closure of a mobile home park or the conversion of affordable rental units to condominiums. (d) Each county and each eligible municipality shall describe initiatives in the local housing assistance plan to encourage or require innovative design, green building principles, storm-resistant construction, or other elements that reduce long-term costs relating to maintenance, utilities, or insurance. (e) Each county and each eligible municipality is encouraged to develop a strategy within its local housing assistance plan which provides program funds for the preservation of assisted housing. (f) Each county and each eligible municipality is encouraged to develop a strategy within its local housing assistance plan which provides program funds for reducing homelessness. (g) Local governments may create regional partnerships across jurisdictional boundaries through the pooling of appropriated funds to address homeless housing needs identified in local housing assistance plans. (4) Each local housing assistance plan is governed by the following criteria and administrative procedures: (a) Each county, eligible municipality, or entity formed through interlocal agreement to participate in the State Housing Initiatives Partnership Program must develop a qualification system and selection criteria for applications for awards by eligible sponsors, adopt criteria for the selection of eligible persons, and adopt a maximum award schedule or system of amounts consistent with the intent and budget of its local housing assistance plan, with ss. 420.907-420.9079, and with corporation rule. (b) The county or eligible municipality or its administrative representative shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. (c) In accordance with the provisions of ss. 760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. (d) As a condition of receipt of an award, the eligible sponsor or eligible person must contractually commit to comply with the affordable housing criteria provided under ss. 420.907-420.9079 applicable to the affordable housing objective of the award. The plan criteria adopted by the county or eligible municipality must prescribe the contractual obligations required to ensure compliance with award conditions. SHIP Statute July 1, 2016 (e) The staff or entity that has administrative authority for implementing a local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity or corporation program provides periodic monitoring and determination, a municipality, county, or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of$10,000 or less is not subject to these annual monitoring and determination of tenant eligibility requirements. (5) The following criteria apply to awards made to eligible sponsors or eligible persons for the purpose of providing eligible housing: (a) At least 65 percent of the funds made available in each county and eligible municipality from the local housing distribution must be reserved for home ownership for eligible persons. (b) Up to 25 percent of the funds made available in each county and eligible municipality from the local housing distribution may be reserved for rental housing for eligible persons or for the purposes enumerated in s. 420.9072(7)(b). (c) At least 75 percent of the funds made available in each county and eligible municipality from the local housing distribution must be reserved for construction, rehabilitation, or emergency repair of affordable, eligible housing. (d) Each local government must use a minimum of 20 percent of its local housing distribution to serve persons with special needs as defined in s. 420.0004. A local government must certify that it will meet this requirement through existing approved strategies in the local housing assistance plan or submit a new local housing assistance plan strategy for this purpose to the corporation for approval to ensure that the plan meets this requirement. The first priority of these special needs funds must be to serve persons with developmental disabilities as defined in s. 393.063, with an emphasis on home modifications, including technological enhancements and devices, which will allow homeowners to remain independent in their own homes and maintain their homeownership. (e) Not more than 20 percent of the funds made available in each county and eligible municipality from the local housing distribution may be used for manufactured housing. (f) The sales price or value of new or existing eligible housing may not exceed 90 percent of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs or as otherwise established by the United States Department of the Treasury. (g)1. All units constructed, rehabilitated, or otherwise assisted with the funds provided from the local housing assistance trust fund must be occupied by very-low-income persons, low-income persons, and moderate-income persons except as otherwise provided in this section. • SHIP Statute July 1, 2016 2. At least 30 percent of the funds deposited into the local housing assistance trust fund must be reserved for awards to very-low-income persons or eligible sponsors who will serve very-low-income persons and at least an additional 30 percent of the funds deposited into the local housing assistance trust fund must be reserved for awards to low-income persons or eligible sponsors who will serve low- income persons. This subparagraph does not apply to a county or an eligible municipality that includes, or has included within the previous 5 years, an area of critical state concern designated or ratified by the Legislature for which the Legislature has declared its intent to provide affordable housing. The exemption created by this act expires on July 1, 2013, and shall apply retroactively. (h) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (i) Loans or grants for eligible rental housing constructed, rehabilitated, or otherwise assisted from the local housing assistance trust fund must be subject to recapture requirements as provided by the county or eligible municipality in its local housing assistance plan unless reserved for eligible persons for 15 years or the term of the assistance, whichever period is longer. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. (j) Loans or grants for eligible owner-occupied housing constructed, rehabilitated, or otherwise assisted from proceeds provided from the local housing assistance trust fund shall be subject to recapture requirements as provided by the county or eligible municipality in its local housing assistance plan. (k) The total amount of monthly mortgage payments or the amount of monthly rent charged by the eligible sponsor or her or his designee must be made affordable. (I) The maximum sales price or value per unit and the maximum award per unit for eligible housing benefiting from awards made pursuant to this section must be established in the local housing assistance plan. (m) The benefit of assistance provided through the State Housing Initiatives Partnership Program must accrue to eligible persons occupying eligible housing. This provision shall not be construed to prohibit use of the local housing distribution funds for a mixed income rental development. (n) Funds from the local housing distribution not used to meet the criteria established in paragraph (a) or paragraph (c) or not used for the administration of a local housing assistance plan must be used for housing production and finance activities, including, but not limited to, financing preconstruction activities or the purchase of existing units, providing rental housing, and providing home ownership training to prospective home buyers and owners of homes assisted through the local housing assistance plan. SHIP Statute July 1,2016 1. Notwithstanding the provisions of paragraphs (a) and (c), program income as defined in s. 420.9071(24) may also be used to fund activities described in this paragraph. 2. When preconstruction due-diligence activities conducted as part of a preservation strategy show that preservation of the units is not feasible and will not result in the production of an eligible unit, such costs shall be deemed a program expense rather than an administrative expense if such program expenses do not exceed 3 percent of the annual local housing distribution. 3. If both an award under the local housing assistance plan and federal low-income housing tax credits are used to assist a project and there is a conflict between the criteria prescribed in this subsection and the requirements of s. 42 of the Internal Revenue Code of 1986, as amended, the county or eligible municipality may resolve the conflict by giving precedence to the requirements of s. 42 of the Internal Revenue Code of 1986, as amended, in lieu of following the criteria prescribed in this subsection with the exception of paragraphs (a) and (g) of this subsection. 4. Each county and each eligible municipality may award funds as a grant for construction, rehabilitation, or repair as part of disaster recovery or emergency repairs or to remedy accessibility or health and safety deficiencies. Any other grants must be approved as part of the local housing assistance plan. (6) Each county or eligible municipality receiving local housing distribution moneys shall establish and maintain a local housing assistance trust fund. All moneys of a county or an eligible municipality received from its share of the local housing distribution, program income, recaptured funds, and other funds received or budgeted to implement the local housing assistance plan shall be deposited into the trust fund; however, local housing distribution moneys used to match federal HOME program moneys may be repaid to the HOME program fund if required by federal law or regulations. Expenditures other than for the administration and implementation of the local housing assistance plan may not be made from the fund. (7) The moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5-percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. SHIP Statute July 1,2016 (8) Pursuant to s. 420.531, the corporation shall provide training and technical assistance to local governments regarding the creation of partnerships, the design of local housing assistance strategies, the implementation of local housing incentive strategies, and the provision of support services. (9) The corporation shall monitor the activities of local governments to determine compliance with program requirements and shall collect data on the operation and achievements of housing partnerships. (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, if applicable, the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. The report must include, but is not limited to: (a) The number of households served by income category, age, family size, and race, and data regarding any special needs populations such as farmworkers, homeless persons, persons with disabilities, and the elderly. Counties shall report this information separately for households served in the unincorporated area and each municipality within the county. (b) The number of units and the average cost of producing units under each local housing assistance strategy. (c) The average area purchase price of single-family units and the amount of rent charged for a rental unit based on unit size. (d) By income category, the number of mortgages made, the average mortgage amount, and the rate of default. (e) A description of the status of implementation of each local housing incentive strategy, or if applicable, the local housing incentive plan as set forth in the local government's adopted schedule for implementation. (f) A concise description of the support services that are available to the residents of affordable housing provided by local programs. (g) The sales price or value of housing produced and an accounting of what percentage was financed by the local housing distribution, other public moneys, and private resources. (h) Such other data or affordable housing accomplishments considered significant by the reporting county or eligible municipality or by the corporation. (i) A description of efforts to reduce homelessness. SHIP Statute July 1, 2016 (11) The report shall be made available by the county or eligible municipality for public inspection and comment prior to certifying the report and transmitting it to the corporation. The county or eligible municipality shall provide notice of the availability of the proposed report and solicit public comment. The notice must state the public place where a copy of the proposed report can be obtained by interested persons. Members of the public may submit written comments on the report to the county or eligible municipality and the corporation. Written public comments shall identify the author by name, address, and interest affected. The county or eligible municipality shall attach a copy of all such written comments and its responses to the annual report submitted to the corporation. (12) The corporation shall review the report of each county or eligible municipality and any written comments from the public and include any comments concerning the effectiveness of local programs in the report required by s. 420.511. (13)(a) If, as a result of the review of the annual report or public comment and written response from the county or eligible municipality, or at any other time, the corporation determines that a county or eligible municipality may have established a pattern of violation of the criteria for a local housing assistance plan established under ss. 420.907-420.9079 or that an eligible sponsor or eligible person has violated the applicable award conditions, the corporation shall report such pattern of violation of criteria or violation of award conditions to its compliance monitoring agent and the Executive Office of the Governor. The corporation's compliance monitoring agent must determine within 60 days whether the county or eligible municipality has violated program criteria and shall issue a written report thereon. If a violation has occurred, the distribution of program funds to the county or eligible municipality must be suspended until the violation is corrected. (b) If, as a result of its review of the annual report, the corporation determines that a county or eligible municipality has failed to implement a local housing incentive strategy, or, if applicable, a local housing incentive plan, it shall send a notice of termination of the local government's share of the local housing distribution by certified mail to the affected county or eligible municipality. 1. The notice must specify a date of termination of the funding if the affected county or eligible municipality does not implement the plan or strategy and provide for a local response. A county or eligible municipality shall respond to the corporation within 30 days after receipt of the notice of termination. 2. The corporation shall consider the local response that extenuating circumstances precluded implementation and grant an extension to the timeframe for implementation. Such an extension shall be made in the form of an extension agreement that provides a timeframe for implementation. The chief elected official of a county or eligible municipality or his or her designee shall have the authority to enter into the agreement on behalf of the local government. SHIP Statute July 1, 2016 3. If the county or the eligible municipality has not implemented the incentive strategy or entered into an extension agreement by the termination date specified in the notice, the local housing distribution share terminates, and any uncommitted local housing distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer. 4.a. If the affected local government fails to meet the timeframes specified in the agreement, the corporation shall terminate funds. The corporation shall send a notice of termination of the local government's share of the local housing distribution by certified mail to the affected local government. The notice shall specify the termination date, and any uncommitted funds held by the affected local government shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer. b. If the corporation terminates funds to a county, but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement maintains compliance with program requirements, the corporation shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in ss. 420.9072-and 420.9073. c. Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting the ordinance, resolution, and local housing assistance plan in the manner and according to the procedures provided in ss. 420.907-420.9079. (14) If the corporation determines that a county or eligible municipality has expended program funds for an ineligible activity, the corporation shall require such funds to be repaid to the local housing assistance trust fund. Such repayment may not be made with funds from the State Housing Initiatives Partnership Program. History.—s. 32, ch.92-317; s. 14,ch. 93-181; s. 5, ch. 95-153; s. 9, ch. 95-396;s. 81,ch. 97-103;s. 37,ch. 97-167; s. 15,ch. 2000-353; s. 14, ch.2001-98; s.7, ch.2002-160; s.24, ch.2004-243; s.23, ch. 2006-69; s. 20, ch. 2008-104;s. 29, ch.2009-96; s. 15, ch.2011-15; s. 10, ch.2016-210. 420.9076 Adoption of affordable housing incentive strategies; committees.— (1) Each county or eligible municipality participating in the State Housing Initiatives Partnership Program, including a municipality receiving program funds through the county, or an eligible municipality must, within 12 months after the original adoption of the local housing assistance plan, amend the plan to include local housing incentive strategies as defined in s. 420.9071(16). (2) The governing board of a county or municipality shall appoint the members of the affordable housing advisory committee. Pursuant to the terms of any interlocal agreement, a county and municipality may create and jointly appoint an advisory committee. The local action adopted pursuant to s. 420.9072 which creates the advisory committee and appoints the advisory committee members SHIP Statute July 1, 2016 must name at least 8 but not more than 11 committee members and specify their terms. The committee must consist of one representative from at least six of the categories below: (a) A citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) A citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) A citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. (e) A citizen who is actively engaged as a for-profit provider of affordable housing. (f) A citizen who is actively engaged as a not-for-profit provider of affordable housing. (g) A citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) A citizen who actively serves on the local planning agency pursuant to s. 163.3174. If the local planning agency is comprised of the governing board of the county or municipality, the governing board may appoint a designee who is knowledgeable in the local planning process. (i) A citizen who resides within the jurisdiction of the local governing body making the appointments. (j) A citizen who represents employers within the jurisdiction. (k) A citizen who represents essential services personnel, as defined in the local housing assistance plan. (3) All meetings of the advisory committee are public meetings, and all committee records are public records. Staff, administrative, and facility support to the advisory committee shall be provided by the appointing county or eligible municipality. (4) Triennially, the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit a report to the SHIP Statute July 1, 2016 local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives in the following areas: (a) The processing of approvals of development orders or permits for affordable housing projects is expedited to a greater degree than other projects, as provided in s. 163.3177(6)(f)3. (b) The modification of impact-fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. (c) The allowance of flexibility in densities for affordable housing. (d) The reservation of infrastructure capacity for housing for very-low-income persons, low-income persons, and moderate-income persons. (e) The allowance of affordable accessory residential units in residential zoning districts. (f) The reduction of parking and setback requirements for affordable housing. (g) The allowance of flexible lot configurations, including zero-lot-line configurations for affordable housing. (h) The modification of street requirements for affordable housing. (i) The establishment of a process by which a local government considers, before adoption,. policies, procedures, ordinances, regulations, or plan provisions that increase the cost of housing. (j) The preparation of a printed inventory of locally owned public lands suitable for affordable housing. (k) The support of development near transportation hubs and major employment centers and mixed-use developments. The advisory committee recommendations may also include other affordable housing incentives identified by the advisory committee. Local governments that receive the minimum allocation under the State Housing Initiatives Partnership Program shall perform the initial review but may elect to not perform the triennial review. (5) The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt its evaluation and final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the evaluation and local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the evaluation and tentative advisory committee recommendations can be obtained by interested persons. The final report, evaluation, and recommendations shall be submitted to the corporation. SHIP Statute July 1, 2016 (6) Within 90 days after the date of receipt of the evaluation and local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee. (7) The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan. (a) If the corporation fails to receive timely the approved amended local housing assistance plan to incorporate local housing incentive strategies, a notice of termination of its share of the local housing distribution shall be sent by certified mail by the corporation to the affected county or eligible municipality. The notice of termination must specify a date of termination of the funding if the affected county or eligible municipality has notadopted an amended local housing assistance plan to incorporate local housing incentive strategies. If the county or the eligible municipality has not adopted an amended local housing assistance plan to incorporate local housing incentive strategies by the termination date specified in the notice of termination, the local distribution share terminates; and any uncommitted local distribution funds held by the affected county or eligible municipality in its local housing assistance trust fund shall be transferred to the Local Government Housing Trust Fund to the credit of the corporation to administer the local government housing program. (b) If a county fails to timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies but an eligible municipality receiving a local housing distribution pursuant to an interlocal agreement within the county does timely adopt an amended local housing assistance plan to incorporate local housing incentive strategies, the corporation, after issuance of a notice of termination, shall thereafter distribute directly to the participating eligible municipality its share calculated in the manner provided in s. 420.9073. (c) Any county or eligible municipality whose local distribution share has been terminated may subsequently elect to receive directly its local distribution share by adopting an amended local housing assistance plan to incorporate local housing incentive strategies in the manner and according to the procedure provided in this section and by adopting an ordinance in the manner required in s. 420.9072. (8) The advisory committee may perform other duties at the request of the local government, including: SHIP Statute July 1, 2016 (a) The provision of mentoring services to affordable housing partners including developers, banking institutions, employers, and others to identify available incentives, assist with applications for funding requests, and develop partnerships between various parties. (b) The creation of best practices for the development of affordable housing in the community. (9) The advisory committee shall be cooperatively staffed by the local government department or division having authority to administer local planning or housing programs to ensure an integrated approach to the work of the advisory committee. History.—s. 32, ch. 92-317; s. 15,ch. 93-181; s. 38, ch. 97-167; s.24, ch. 2006-69;s. 19, ch. 2007-198; s. 117,ch. 2008-4;s. 30, ch. 2009-96;s. 16,ch. 2011-15; s. 67,ch. 2011-139;s. 11,ch.2016-210. 420.9079 Local Government Housing Trust Fund.— (1) There is created in the State Treasury the Local Government Housing Trust Fund, which shall be administered by the corporation on behalf of the department according to the provisions of ss. 420.907-420.9076 and this section. There shall be deposited into the fund a portion of the documentary stamp tax revenues as provided in s. 201.15, moneys received from any other source for the purposes of ss. 420.907-420.9076 and this section, and all proceeds derived from the investment of such moneys. Moneys in the fund that are not currently needed for the purposes of the programs administered pursuant to ss. 420.907-420.9076 and this section shall be deposited to the credit of the fund and may be invested as provided by law. The interest received on any such investment shall be credited to the fund. (2) The corporation shall administer the fund exclusively for the purpose of implementing the programs described in ss. 420.907-420.9076 and this section. With the exception of monitoring the activities of counties and eligible municipalities to determine local compliance with program requirements, the corporation shall not receive appropriations from the fund for administrative or personnel costs. For the purpose of implementing the compliance monitoring provisions of s. 420.9075(9), the corporation may request a maximum of one-quarter of 1 percent of the annual appropriation per state fiscal year. When such funding is appropriated, the corporation shall deduct the amount appropriated prior to calculating the local housing distribution pursuant to ss. 420.9072 and 420.9073. History.—s. 32, ch. 92-317; s.40, ch. 97-167;s. 16, ch.98-56; s.25,ch.2006-69;s. 11, ch. 2009-2;s. 32, ch. 2009-96; s. 18,ch.2011-15;s. 87, ch. 2015-229.