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56. Land Use Restriction Agreement (SAILELI)THIS INSTRUMENT PREPARED BY AND RETURN TO: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Maria V Currais, Esq 2800 Ponce de Leon Blvd, Suite 1200 Coral Gables, FL 33134 3zi i 3�'i�gs5c� CF N 202 3RO905270 OR BK 34013 Pgs 2707-2730 (24P9s) RECORDED 12/ 1.t / 2i 23 14 `33 , 2ti Jtl(iH FERNk4DEZ--BARQ[JIN CLERK OF THE COJJRT & r.:OMI"'FROL! I.-" : I1:("trll-D0E COIJHTY� FL ABOVE SPACE RESERVED FOR RECORDING PURPOSES ONLY LAND USE RESTRICTION AGREEMENT (VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN) THIS LAND USE RESTRICTION AGREEMENT (this "Agreement") is made and entered into as of December 15, 2023, by and between VISTA BREEZE, LTD., a Florida limited partnership (hereinafter called the "Borrower"), and FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida (hereinafter called "Florida Housing") (which term as used in every instance shall include Florida Housing's successors and assigns). RECITALS WHEREAS, Florida Housing was created and organized pursuant to and in accordance with the provisions of the Florida Housing Finance Corporation Act, Chapter 420, Part V, Fla. Stat., as amended (the "Act"), for the purpose among others, of financing residential rental housing projects that will provide decent, safe and sanitary housing for individuals or families of extremely low, very low, low, moderate or middle income in the State of Florida (the "State"); and WHEREAS, Borrower has applied to Florida Housing and Florida Housing has agreed, under certain conditions, to approve and administer a loan of State Apartment Incentive Loan ("SAIL") Program funds under the Florida Housing Finance Corporation Request for Applications 2021-205, in effect as of August 17, 2021 ("RFA"), and the SAIL Program, Section 420.5087, Fla. Stat., and governed by the rules of Florida Housing Finance Corporation, as codified at Chapter 67-48, Fla. Admin. Code, in effect as of May 18, 2021, and Chapter 67-53, Fla. Admin. Code, in effect as of August 20, 2009 (collectively, including the RFA, the 'Rule") in the original principal amount of THREE MILLION AND NO/100 DOLLARS ($3,000,000) (the "Loan"), for the purpose of providing acquisition, construction and permanent financing for a 119-unit multifamily development known as VISTA BREEZE (the "Development") located in Miami - Dade County, Florida (the "County") on the real property more particularly described on Exhibit "A" attached hereto and made a part hereof (the "Land") to be occupied by "eligible persons," as determined by Florida Housing in accordance with the Act, all for the public purpose of assisting persons of extremely low-income and very low-income within the State to afford the costs of decent, safe and sanitary housing; and WHEREAS, Borrower has also applied to Florida Housing and Florida Housing has agreed, under certain conditions, to approve and administer the ELI Loan (defined herein) under the RFA and the SAIL Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN 1 1 Program as governed by the Rule, for the purpose of providing acquisition, construction and permanent financing for the Development to be occupied by "eligible persons," as determined by Florida Housing in accordance with the Act, all for the public purpose of assisting persons of extremely low-income and very low-income within the State to afford the costs of decent, safe and sanitary housing; and NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Florida Housing and the Borrower do hereby contract and agree as follows: ARTICLE I Definitions and Interpretation. Unless otherwise expressly provided herein or unless the context clearly requires otherwise, the following terms shall have the respective meanings set forth below for all purposes of this Agreement. "Act" means the Florida Housing Finance Corporation Act as found in Chapter 420, Part V, of the Florida Statutes. "Applicant" means any person or legally formed entity who wishes to provide housing affordable to Extremely Low -Income Persons or Households and Very Low -Income Persons or Households pursuant to the provisions of the Program and who is requesting a loan from Florida Housing for such Development. "County" means Miami -Dade County, Florida. "Co -General Partner" means Vista Breeze HACMB, Inc., a Florida not -for -profit corporation. "Cohen Trust" means the Howard D. Cohen Revocable Trust Under Agreement Dated 4/6/1993. "Developer" means, collectively, APC Vista Breeze Development, LLC, a Florida limited liability company, and HACMB Development, LLC, a Florida limited liability company. "Development" means the improvements to be constructed or substantially rehabilitated on the Land, and more particularly described in Exhibit `B" attached hereto, and the Borrower's leasehold interest in the Land and all personal property and fixtures from time to time attached thereto. "Elderly" means persons 62 years of age or older; however, this definition does not prohibit housing from being deemed "housing for the elderly" as defined herein. "Housing for the elderly" means, for purposes of the SAIL Program, any nonprofit housing community that is financed by a mortgage loan made or insured by the United States Department of Housing and Urban Development ("HUD") under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4), or s. 236 of the National Housing Act, as amended, and that is subject to income limitations established by HUD, or any program funded by the Rural Development Agency of the United States Department of Agriculture ("USRDA") and subject to income limitations established by the USRDA. A project which qualifies for an exemption under the Florida Fair Housing Act as "housing for older persons" as defined by Section 760.29(4), Florida Statutes, shall qualify as housing for the elderly for purposes of the SAIL Program. "Elderly Development" means a development wherein (1) all units are intended for, and solely occupied by, persons 62 years of age or older, or (2) at least eighty percent (80%) of the units shall be occupied or held available for occupancy by at least one (1) resident that is 55 years of age or older, or (3) provided under any state or federal program that the Secretary of United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined Land Use Restriction Agt 2 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN in the state or federal program. The Borrower may choose any of the options above at any time to remain in compliance with the Land Use Restriction Agreement and its amendments. For option (2) above, the Development must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 years of age or older, in accordance with the factors listed in 24 C.F.R. Part 100.306 and Section 760.29(4)(b)(3), Florida Statutes. "ELI Construction Loan Agreement" means the Construction Loan Agreement entered into in connection with the ELI Loan, dated of even date herewith, among the Borrower, Florida Housing and the Servicer, as may be amended or supplemented from time to time. "ELI Loan" means the fourth leasehold mortgage loan in the original principal amount of $600,000 from Florida Housing as lender to the Borrower with respect to the Development to be made in accordance with the ELI Note secured by the ELI Mortgage for the purpose of financing the construction or substantial rehabilitation of the Development. "ELI Loan Documents" means, collectively, this Agreement, the ELI Construction Loan Agreement, the ELI Mortgage, the ELI Note, the Assignment of Leases, Rents and Contracts Rights, the Guarantees, the Environmental Indemnity Agreement (as such terms are defrted in the ELI Construction Loan Agreement), and all other documents evidencing or securing the ELI Loan. "ELI Mortgage" or "Fourth Mortgage" means the Leasehold Mortgage and Security Agreement given in connection with the ELI Loan, dated of even date herewith, from the Borrower in favor of Florida Housing, granting a fourth priority leasehold mortgage lien on (subject only to the First Mortgage, the Second Mortgage and the Third Mortgage) and security interest in the Land, the buildings and equipment constituting the Development and the rents and income therefrom and securing the obligation of the Borrower under the ELI Construction Loan Agreement and the ELI Note, as may be amended or supplemented from time to time. "ELI Note" means the Promissory Note, dated of even date herewith, in the original principal amount of $600,000 with the Borrower as payor and Florida Housing as payee thereunder, evidencing the ELI Loan to the Borrower pursuant to the ELI Construction Loan Agreement and the ELI Mortgage, as may be amended or supplemented from time to time. "Eligible Person" means a natural person or a family, irrespective of race, creed, national origin or sex, determined by Florida Housing to be an Extremely Low -Income or a Very Low -Income Person or Household. "Extremely Low -Income Persons or Households" or `ELI Persons or Households" means one or more natural persons or a family whose adjusted income is equal to or less than thirty percent (30%) of the area median gross income for the County or the State or the metropolitan statistical area in which the Development is located. "Family" describes a household composed of one or more persons. "Family or Household Member" means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN "First Mortgage" means that certain Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (the "First Mortgage")in favor of the HOUSING FINANCE AUTHORITY OF MIAMI-DADE COUNTY, FLORIDA (the "Issuer") has agreed to finance a portion of the costs of the Improvements pursuant to a first mortgage loan to the Borrower in the principal amount of $32,500,000 (the "First Mortgage Loan"), as assigned to THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as fiscal agent (the "Fiscal Agent"), relating to the issuance by the Issuer of its Housing Finance Authority of Miami -Dade County Multifamily Housing Revenue Note, Series 2023 in the amount of $32,500,000 (the "Governmental Lender Note"). The Initial First Mortgage Loan funded by a funding loan from Bank of America, N.A. ("Initial First Mortgagee") intended to be satisfied and replaced after completion of construction by a permanent funding loan given by CITIBANK, N.A. ("Permanent First Mortgagee" and collectively with the Initial First Mortgagee the "First Mortgagee") in an amount not to exceed $11,875,000 (subject to increase per "earn -out" provisions) (the "Permanent First Mortgage Loan" and collectively with the Initial First Mortgage Loan the "First Mortgage Loan") and secured by a first leasehold mortgage (the "Permanent First Mortgage" and collectively with the Initial First Mortgage the "First Mortgage") and which is evidenced and secured by separate first leasehold mortgage loan documents in favor of the Permanent First Mortgagee. Until such time as the Initial Mortgage Loan is satisfied, the terms "First Mortgagee," "First Mortgage Loan" and "First Mortgage" shall refer to the Initial First Mortgagee, the Initial First Mortgage Loan and the Initial First Mortgage. Following satisfaction of the Initial Mortgage Loan, the terms "First Mortgagee," "First Mortgage Loan" and "First Mortgage" shall refer to the Permanent First Mortgagee, the Permanent First Mortgage Loan and the Permanent First Mortgage. "Guarantees" means, collectively, (i) that certain Completion and Operating Deficit Guaranty and (ii) that certain Continuing, Absolute and Unconditional Guaranty of Recourse Obligations, both dated of even date herewith, from the Borrower, the Managing General Partner, the Co -General Partner, the Developer, Atlantic Pacific Communities, LLC, a Delaware limited liability company, Howard D. Cohen, individually, and the Cohen Trust, for the benefit of Florida Housing. "Investor Limited Partner" means, Bank of America, N.A., or an affiliate thereof, and its permitted successors and assigns. "Loan" or "Loans" means, collectively, the SAIL Loan and the ELI Loan. "Loan Documents" means, collectively, the SAIL Loan Documents and the ELI Loan Documents. "Managing General Partner" means APC Vista Breeze, LLC, a Florida limited liability company. The term "Managing General Partner" shall continue to refer to APC Vista Breeze, LLC after its interest in the Borrower is converted to a Class B Limited Partner interest as provided in the Partnership Agreement, which conversion is consented to by Florida Housing. "Partnership Agreement" means the Amended and Restated Agreement of Limited Partnership among the Managing General Partner, the Co -General Partner, HACMB — Vista Breeze, LLC, a Florida limited liability company, as the withdrawing administrative general partner, the Investor Limited Partner, the Special Limited Partner, and the Cohen Trust, as the withdrawing limited partner dated as of December 15, 2023, as amended or modified from time to time. "Person with Special Needs" means an adult person requiring independent living services in order to maintain housing or develop independent living skills and who has a disabling condition as defined in Section 420.0004, Fla. Stat.; a young adult formerly in foster care who is eligible for services under Section 409.1451(5), Fla. Stat.; a survivor of domestic violence as defined in Section 741.28, Fla. Stat.; or a person 4 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program or from veterans' disability benefits. "Program" means, collectively, the State Apartment Incentive Loan Program created by Section 420.5087, Fla. Stat. and the Extremely Low Income ("ELI") Program created by the RFA. "Rental Housing" means housing units made available for rental, and not ownership, by Eligible Persons who are members of the general public, each of which units shall contain complete living facilities which are to be used other than on a transient basis and facilities which are functionally related and subordinate to the living facilities. The housing units shall at all times be constructed or substantially rehabilitated and maintained in substantial accordance with applicable building code standards of the County. "SAIL Construction Loan Agreement" means the Construction Loan Agreement entered into in connection with the SAIL Loan, dated of even date herewith, among the Borrower, Florida Housing and the Servicer, as may be amended or supplemented from time to time. "SAIL Loan" means the third leasehold mortgage loan in the original principal amount of $3,000,000 from Florida Housing as lender to the Borrower with respect to the Development to be made in accordance with the SAIL Note secured by the SAIL Mortgage for the purpose of financing the construction or substantial rehabilitation of the Development. "SAIL Loan Documents" means, collectively, this Agreement, the SAIL Construction Loan Agreement, the SAIL Mortgage, the SAIL Note, the Assignment of Leases, Rents and Contracts Rights, the Guarantees, the Environmental Indemnity Agreement (as such terms are defined in the SAIL Construction Loan Agreement), and all other documents evidencing or securing the SAIL Loan. "SAIL Mortgage" or "Third Mortgage" means the Leasehold Mortgage and Security Agreement given in connection with the SAIL Loan, dated of even date herewith, from the Borrower in favor of Florida Housing, granting a third priority leasehold mortgage lien on (subject only to the First Mortgage and the Second Mortgage) and security interest in the Land, the buildings and equipment constituting the Development and the rents and income therefrom and securing the obligation of the Borrower under the SAIL Construction Loan Agreement and the SAIL Note, as may be amended or supplemented from time to time. "SAIL Note" means the Promissory Note, dated of even date herewith, in the original principal amount of $3,000,000 with the Borrower as payor and Florida Housing as payee thereunder, evidencing the SAIL Loan to the Borrower pursuant to the SAIL Construction Loan Agreement and the SAIL Mortgage, as may be amended or supplemented from time to time. "Servicer" means AMERINAT®, LLC, a Minnesota limited liability company authorized to transact business in the State of Florida, or any subsequent entity appointed by Florida Housing to provide services specified in the Loan Documents. "Special Limited Partner" means Banc of America CDC Special Holding Company, Inc., a North Carolina corporation. "State" shall mean the State of Florida. Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN "Subordination Agreement" means, that certain Subordination and Intercreditor Agreement dated December 15, 2023, between Bank of America, N.A., as the initial holder of the Governmental Lender Note, and Florida Housing, and acknowledged and agreed to by Borrower and Fiscal Agent. "Term of this Agreement" means the term determined pursuant to Article VIII hereof. "Very Low -Income Persons or Households" means one or more natural persons or a family, not including students, who (a) if residing in a development using tax-exempt bond financing for the first mortgage, have incomes which meet the income eligibility requirements of Section 8 of the United States Housing Act of 1937, as amended; or (b) if residing in a development using taxable financing for the first mortgage, have total annual gross household income which does not exceed fifty percent (50%) of the median income adjusted for family size, or fifty percent (50%) of the median income adjusted for family size for households within the metropolitan statistical area (MSA), or, if not within an MSA, within the county in which the person or family resides, or within the State of Florida, whichever is greater; or (c) if residing in a Development using the federal Low Income Housing Tax Credit, have incomes which meet the income eligibility requirements of Section 42 of the Internal Revenue Code of 1986, as amended. "Viability Loan" means the second leasehold mortgage loan in the original principal amount of $4,300,000 from Florida Housing as lender to the Borrower with respect to the Development to be made in accordance with the Viability Note secured by the Viability Mortgage for the purpose of financing the construction or substantial rehabilitation of the Development. "Viability Loan Agreement" means the Loan Agreement entered into in connection with the Viability Loan, dated of even date herewith, among the Borrower, Florida Housing and the Servicer, as may be amended or supplemented from time to time. "Viability Loan Documents" means, collectively, this Agreement, the Viability Loan Agreement, the Viability Mortgage, the Viability Note, the Assignment of Leases, Rents and Contracts Rights, the Guarantees, the Environmental Indemnity Agreement (as such terms are defined in the Viability Construction Loan Agreement), and all other documents evidencing or securing the Viability Loan. "Viability Mortgage" or "Second Mortgage" means the Leasehold Mortgage and Security Agreement given in connection with the Viability Loan, dated of even date herewith, from the Borrower in favor of Florida Housing, granting a second priority leasehold mortgage lien on (subject only to the First Mortgage) and security interest in the Land, the buildings and equipment constituting the Development and the rents and income therefrom and securing the obligation of the Borrower under the Viability Construction Loan Agreement and the Viability Note, as may be amended or supplemented from time to time. "Viability Note" means the Promissory Note, dated of even date herewith, in the original principal amount of $4,300,000 with the Borrower as payor and Florida Housing as payee thereunder, evidencing the Viability Loan to the Borrower pursuant to the Viability Construction Loan Agreement and the Viability Mortgage, as may be amended or supplemented from time to time. "Veteran" means a person who served in the active U.S. military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable or who served in the National Guard or reserve and is determined by the U.S. Veterans Administration to meet the specific requirements to be a Veteran. ARTICLE II Land Use Restriction Agt 6 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN Residential Rental Development. Florida Housing and the Borrower hereby declare their understanding and intent that, during the Term of this Agreement, the Development is to be owned, managed and operated according to the terms and conditions of the Act, the Program thereunder, this Agreement and all Loan Documents. To that end, the Borrower hereby represents, covenants and agrees as follows: 2.1. That the Development is being constructed or substantially rehabilitated for the purpose of providing rental housing, and the Borrower, its successors or assigns, shall own, manage, and operate the Development exclusively as multifamily rental housing; 2.2. That under this Agreement, for a period of not less than fifty (50) years from the later of the date the first unit within the Development is occupied or, the Loan closing date (the "Program Compliance Period"), the units shall be set -aside as follows: (a) Not less than (i) 16.807% of the units (20 units) within the Development shall be rented to households who shall have a household income less than or equal to thirty percent (30%) of the area median gross income for the County or the State or the metropolitan statistical area in which the Development is located, whichever median income is the greatest, adjusted for family size (the "Area Median Income") ("ELI Set Aside Units" or "ELI Set Asides"), (ii) 57.983% of the units (69 units) within the Development shall be rented to households who shall have a household income less than or equal to sixty percent (60%) of the Area Median Income ("Very Low -Income Set Aside Units"), and (iii) 25.210% of the units (30 units) within the Development shall be rented to households who shall have a household income less than or equal to eighty percent (80%) of the Area Median Income, for a total set -aside of one hundred percent (100%) of the units in the Development. (b) The units within the Development shall be rented to the demographic commitment of Elderly Development (as defined herein). (c) Not less than fifty percent (50%) of the ELI Set -Aside units (10 units) within the Development shall be set aside as Link Units for Persons with Special Needs (as defined herein) and their families. (d) The Development commits to offer a preference to Veterans on occupancy applications and waitlists throughout the Program Compliance Period with a goal of at least 5% of the units (6 units) in the Development being occupied by one or more Veterans. Veteran households that meet the Link Units or other AMI Set -Aside requirements will also count towards the goal of at least 5% of the units (6 units) in the Development being occupied by one or more Veterans. (e) Rent controls for all units set aside pursuant to Section 2.2(a) above are determined in a manner consistent with Section 42(g)(2) of the Internal Revenue Code of 1986, as amended. The gross monthly rent shall not exceed thirty percent (30%) of the imputed income limitation applicable to such unit as committed to by the Borrower. (f) Following guidelines established by Florida Housing, the Borrower will develop and execute a Memorandum of Understanding ("MOU") with at least one designated Special Needs Household Referral Agency ("Referral Agency") that administers or provides supportive services for Persons with Special Needs included on the list of approved participating lead agencies for the county where the Development is located (Miami -Dade County). The MOU shall be reviewed and approved by Florida Housing before the MOU is executed by Borrower. The MOU shall describe the roles and responsibilities of both the Borrower and the Referral Agency. The MOU shall Land Use Restriction Agt 7 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN include, but not be limited to, language regarding the process in which the Borrower sets aside ELI Set -Aside Units as Link Units for Persons with Special Needs that are referred by the Referral Agency, as well as notifies the Referral Agency, in a timely manner, that a set -aside unit is available for lease. The MOU shall include, but not be limited to, the process and timeframes that the Referral Agency shall adhere to in referring and assisting Persons with Special Needs to apply for an available unit; the MOU shall state that an available Link Unit must be held open and available for referred Persons with Special Needs for a minimum of thirty (30) calendar days, starting on the date the unit is vacant and available to lease. The fully -executed MOU was approved by Florida Housing on December 7, 2022. 2.3. That the Development shall be constructed or substantially rehabilitated, operated and maintained, as set forth in Exhibit `B" attached hereto and made a part hereof; 2.4. That during the Term of this Agreement the Borrower will not convert the Development to condominium or co-operative ownership; 2.5. That the Borrower shall not discriminate on the basis of race, religion, color, sex, familial status, national origin or disability in the lease, use or occupancy of the Development. Age discrimination and discrimination against minor dependents, except when units are specifically being held for the Elderly, are also not permitted; 2.6. That the Borrower will immediately withdraw from circulation any advertisement determined by Florida Housing to violate or be inconsistent with its policies, with respect to promoting rental housing for persons and families of extremely low-income and very low-income, and consents to the remedy of specific performance; 2.7. That the Development as of the date hereof is located entirely within the limits of the County. Subject to Article XII hereof, the provisions of this Article II shall run with the Land and shall remain in effect during the Term of this Agreement; provided, however, the Borrower may be discharged from its obligations under Articles II and III hereof to the extent that the same are assumed by any successor in interest to the Borrower pursuant to Article VII hereof. The Borrower expressly acknowledges that certain of the foregoing restrictions may survive the repayment of the Loans and satisfaction of both the SAIL Mortgage and the ELI Mortgage prior to the expiration of the Program Compliance Period. ARTICLE III Compliance With Program Requirements. In order to comply with the Act and Florida Housing's rules and regulations thereunder and with the Rule, the Borrower hereby covenants and agrees that, during the Term of this Agreement: 3.1. The units in the Development shall be set aside as provided in Paragraph 2.2 of this Agreement. 3.2. The Borrower and its successors in interest shall at all times operate the Development in conformity with all federal, state and local laws, rules, regulations, ordinances and orders which may be applicable to the Development, including but not limited to the 2012 Florida Accessibility Code for Building Construction as adopted pursuant to Section 553.503, Florida Statutes, the Federal Fair Housing Act as implemented by 24 C.F.R. Part 100, and Titles II and III of the Americans With Disabilities Act of 1990 as implemented by 28 C.F.R. Part 35, and the Florida Americans With Disabilities Accessibility Land Use Restriction Agt 8 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN Implementation Act, as amended, and Section 504 of the Rehabilitation Act of 1973, as implemented by 24 C.F.R. Part 8. 3.3. The Borrower shall annually certify the gross income of all persons occupying units set aside pursuant to the Program. A development which certifies 100% of its units as very low-income shall perform one annual income recertification effective upon the first anniversary of any household's move -in or initial certification. No additional income recertification shall be required by Florida Housing. However, annual determination of student status shall be required for households comprised entirely of students. All persons or households qualified under the provisions of the Program to occupy set -aside units may continue to qualify if the gross income of said persons or households at the time of annual recertification meets the requirements established in Section 142(d)(3)(B) of the Internal Revenue Code of 1986, as amended. Should the annual recertification result in noncompliance with income occupancy requirements, the next available unit must be rented to a person or household qualifying under the provisions of Section 420.5087(2), Fla. Stat., or in conjunction with federal Low Income Tax Credit requirements, if applicable. 3.4. Borrower shall obtain approval from Florida Housing for the selection or replacement of a management company prior to such company assuming responsibility for the Development. Prior to the leasing of any unit in the Development, the Borrower shall obtain from Florida Housing's compliance department approval for its management company selection. If, however, prior to closing the Loans, the Development has received certificates of occupancy and any units have been leased, the Borrower shall confirm such approval by Florida Housing's compliance department prior to such closing. Florida Housing's compliance department must be advised of any change in the Borrower's selection of a management company and approval to select such company obtained from Florida Housing's compliance department prior to the firm assuming responsibility for the Development. In addition, the Borrower must keep Florida Housing's compliance staff and the Servicer's compliance monitoring staff apprised of the progress of Development completion and advised as to the expected opening date of the Development. 3.5. If, after a four -month rent -up period commencing after issuance of the last certificate of occupancy on the units within the Development, the Borrower is unable to meet the agreed -upon categorical set aside (per subparagraph 2.2(b) herein), the Borrower may request to rent such units to Extremely Low - Income Persons or Households and Very Low -Income Persons or Households without categorical restriction. (a) The written request must provide documentation of marketing efforts implemented over the past four -month period which demonstrate the inclusion of sources of potential residents, advertising to be used, other means of encouraging residents to rent at the Development, and priority to the original targeted group of residents. If Florida Housing determines that prior marketing efforts were insufficient, a revised plan which is satisfactory to Florida Housing must be submitted and implemented for a four -month period prior to reconsideration. (b) Florida Housing will require Borrower to provide additional amenities or resident programs suitable for the proposed resident population. (c) If the SAIL Loan has a zero percent (0%) to three percent (3%) interest rate in accordance with either Section 420.507(22)(a)(1) or (2), Fla. Stat., Florida Housing will require the Borrower to modify the SAIL Loan Documents and increase the interest rate on the SAIL Loan to conform to the terms and conditions of one percent (1%) to nine percent (9%) interest rate loans, as described in Section 420.507(22)(a)(3), Fla. Stat, or to accelerate payments of SAIL Loan principal or interest. Land Use Restriction Agt 9 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN 3.6. All terms and provisions of the following are incorporated into and made a part of this Agreement and the Loan Documents: The RFA, Rule Chapter 67-48, Fla. Admin. Code, in effect as of May 18, 2021, Rule Chapter 67-53, Fla. Admin. Code, in effect as of August 20, 2009, and Chapter 420, Florida Statutes (collectively, the "Laws and Regulations"); all terms not otherwise defined herein or in the Loan Documents shall be as construed and defined in the Laws and Regulations. In the event of any conflict among Chapter 420, Fla. Stat., the RFA, Rule Chapter 67-48, Fla. Admin. Code, and Rule Chapter 67-53, Fla. Admin. Code, the provisions of Chapter 420, Fla. Stat. shall control. In the event of any conflict between the Loan Documents and the Laws and Regulations, the Laws and Regulations shall control. The Borrower expressly acknowledges that certain of the foregoing restrictions may survive the repayment of the Loans and satisfaction of both the SAIL Mortgage and the ELI Mortgage prior to the expiration of the Program Compliance Period. ARTICLE IV Indemnification. The Borrower hereby covenants and agrees that it shall indemnify, hold harmless and defend Florida Housing and its directors, officers, members, officials, employees and agents from and against (i) any and all claims arising from any act or omission of the Borrower or any of its agents, contractors, servants, employees or licensees in connection with the Loan Documents or the Development, or arising out of the construction, operation and/or management of the Development or the granting of the Loans to the Borrower; and (ii) all reasonable costs, counsel fees, expenses or liabilities incurred in connection with any such claim or proceeding brought thereon as such fees, costs, expenses or liabilities become due. In the event that any action or proceeding is brought against Florida Housing, or any of its directors, officers, members, officials, employees, or agents with respect to which indemnity may be sought hereunder, the Borrower, upon written notice from the indemnified party, shall assume the investigation and defense thereof, including the employment of counsel and the payment of all expenses. This provision shall survive the termination of this Agreement. The indemnified party shall have the right to participate in the investigation and defense thereof and may employ separate counsel with or without the approval and consent of the Borrower. Nothing herein shall be deemed to make the Borrower or its Managing General Partner personally obligated to pay principal and interest under the Note; provided however, that this sentence does not alter or waive any obligations of the Borrower or Managing General Partner set forth in any other Loan Documents. ARTICLE V Consideration. In addition to other purposes, Florida Housing has authorized and made the Loans to the Borrower as an inducement to the Borrower to operate the Development as set forth in Paragraph 2.2. of this Agreement. In consideration of the issuance of the Loans by Florida Housing for the foregoing purposes, Florida Housing and the Borrower have entered into this Agreement. ARTICLE VI Reliance. In performing its duties hereunder, Florida Housing may rely upon statements and certificates of the Borrower and Extremely Low -Income Persons or Households or Very Low -Income Persons or Households, as applicable, believed to be genuine and to have been executed by the proper person or persons, and upon audits of the books and records of the Borrower pertaining to occupancy of the Development. In addition, Florida Housing may consult with counsel, and the opinion of such counsel shall be full and complete authorization and protection with respect to any action taken or suffered by Florida Housing in good faith and in conformity with the opinion of such counsel. The Borrower may rely upon certificates of Extremely Low -Income Persons or Households or Very Low -Income Persons or Land Use Restriction Agt 10 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-1598N Households, as applicable, reasonably believed to be genuine and to have been executed by the proper person or persons. ARTICLE VII 7.1. Sale or Transfer of Development. The Loans, as to both principal and interest, together with all other obligations under the Loan Documents, shall be assumable upon the sale or transfer of the Development if the following conditions, as well as all other conditions and requirements set forth in the Rule, are met: 7.1.1. The proposed owner of the Development meets all specific applicant identity criteria which were required as conditions of the original Loans; 7.1.2. The proposed owner of the Development agrees to maintain all set asides and other requirements of the Loans for the period originally specified or longer, and agrees to assume the Borrower's obligations under this Agreement and the Loan Documents; and 7.1.3. The proposed owner and release of Borrower receives a favorable recommendation from Florida Housing's credit underwriter and approval by the Board of Directors of Florida Housing. In the event the above -stated conditions are not met, the Loans as to both principal and interest, as well as all other obligations due or accrued under the Loan Documents, shall be due in full upon the sale or transfer of the Development unless the consent of Florida Housing shall have been obtained or the transfer is otherwise permitted under the Loan Documents. 7.2. Sale, Transfer or Other Conveyance of Interests in the Borrower. Any material change (33.3% or more of an interest in the Borrower, a general partner or managing general partner of the Borrower, or member or manager of the Borrower, as applicable) in the ownership structure of the Borrower shall require prior approval of the Florida Housing Board of Directors. Any material change will require review and approval of the credit underwriter and prior approval of the Florida Housing Board of Directors. Any non -material change shall require prior approval of the Florida Housing Board of Directors. Changes caused by death, transfers caused by pledges under the Partnership Agreement and changes to the Investor Limited Partner interests, if any, shall not require prior approval; however, the Borrower shall provide Florida Housing with notice of any such change in a majority of the Investor Limited Partner interests. The following shall be permitted, unless prohibited by the Rule, and shall not require the prior written approval of Florida Housing: (a) the removal of the Managing General Partner or the Co -General Partner of Borrower in accordance with the Partnership Agreement and the replacement thereof with the Investor Limited Partner or any of its affiliates, (b) the transfer of ownership interests in the Investor Limited Partner or the interest of the Investor Limited Partner or the Managing General Partner to any of its affiliates, (c) the conversion of Managing General Partner's interest from a general partner interest to a Class B limited partner interest in accordance with the Partnership Agreement; (d) the transfer of interests from the Managing General Partner to the Co -General Partner in accordance with the Partnership Agreement; and (e) upon the expiration of the tax credit compliance period, the transfer of the interests of the Co -General Partner or the Investor Limited Partner in Borrower to the Managing General Partner or the Co -General Partner or any of their affiliates, and (f) any amendment to the Partnership Agreement to memorialize the transfers or removal described above. The Borrower shall provide Florida Housing with prompt written notice of any such change described in this paragraph. ARTICLE VIII 11 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN Term. This Agreement shall become effective upon its execution and delivery and shall remain in full force and effect for fifty (50) years from the later of the date the first unit within the Development is occupied or the Loan closing date, unless earlier terminated pursuant to Article XII. ARTICLE IX Damage, Destruction or Condemnation of the Development. In the event that the Development is damaged or destroyed or title to the Development, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, subject to the rights of the First Mortgagee and the provisions of the First Mortgage regarding same, the Borrower shall deposit with Florida Housing any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Development in such manner as is consistent with the Loan Documents. Florida Housing shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Borrower fails to commence or to complete the rebuilding, repair, replacement or restoration of the Development after notice from Florida Housing, Florida Housing shall have the right, in addition to any other remedies granted in the Loan Documents or at law or in equity, to repair, restore, rebuild or replace the Development so as to prevent the occurrence of a default hereunder. ARTICLE X Enforcement. If the Borrower defaults (by its action or inaction) in the performance of its obligations under this Agreement or breaches any covenant, agreement or warranty of the Borrower set forth in this Agreement, and if such default remains uncured for a period of thirty (30) days after notice thereof shall have been given by Florida Housing to the Borrower (or for an extended period approved by Florida Housing if such default stated in such notice can be corrected, but not within such thirty (30) day period, and if the Borrower commences such correction within such thirty (30) day period, and thereafter diligently pursues the same to completion within such extended period), then Florida Housing may terminate all rights of the Borrower under this Agreement and may take any other action at law or in equity or otherwise, whether for specific performance of any covenant in this Agreement or such other remedy as may be deemed most effectual by Florida Housing to enforce the obligations of the Borrower with respect to the Development. If a default by the Borrower under this Agreement is not cured within a reasonable time, Florida Housing shall institute foreclosure proceedings against the Development, but only as provided in the SAIL Mortgage and the ELI Mortgage, and subject to the terms and conditions of the Subordination Agreement until such agreement has expired or terminated. Notwithstanding any of the foregoing, Florida Housing will have the right to seek specific performance of any of the covenants and requirements of this Agreement concerning the construction and operation of the Development. ARTICLE XI Recording and Filing; Covenants to Run with the Land. 11.1. Upon execution and delivery by the parties hereto, the Borrower shall cause this Agreement and all amendments and supplements hereto to be recorded and filed in the Official Public Records of the County and in such manner and in such other places as Florida Housing may reasonably request, and shall pay all fees and charges incurred in connection therewith. Land Use Restriction Agt 12 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN 11.2. This Agreement and the covenants contained herein shall run with the land and shall bind, and the benefits shall inure to, respectively, the Borrower and Florida Housing and their respective successors and assigns during the Term of this Agreement. ARTICLE XII Subordination and Foreclosure. In the event of a foreclosure and sale of the Borrower's leasehold interest in the Land or receipt of a deed or an assignment in lieu of foreclosure pursuant to a default under the First Mortgage related to the Development, this Agreement shall be null and void and of no further force and effect, provided, however, that if a "Related Party" to the Borrower as defined in the Internal Revenue Code should purchase the Development following a foreclosure or a deed or an assignment in lieu of foreclosure, the use restrictions shall be reinstated as of the date of transfer to any such Related Party. ARTICLE XHI Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State, both substantive and governing remedies. ARTICLE XIV Notice and Effect. All notices and other communications to be made or permitted to be made hereunder shall be in writing and shall be delivered to the addresses shown below or to such other addresses that the parties may provide to one another in accordance herewith. Such notices and other communications shall be given by any of the following means: (a) personal service; or (b) national express air courier, provided such courier maintains written verification of actual delivery. Any notice or other communication given by the means described in subsection (a) or (b) above shall be deemed effective upon the date of receipt or the date of refusal to accept delivery by the party to whom such notice or other communication has been sent. Florida Housing: Florida Housing Finance Corporation 227 North Bronough Street, Suite 5000 Tallahassee, Florida 32301-1329 Attention: Executive Director Telephone: (850) 488-4197 with a copy to: Weiss Serota Helfman Cole & Bierman, P.L. 2800 Ponce de Leon Blvd, Suite 1200 Coral Gables, Florida 33134 Attention: Maria V. Currais, Esq. Telephone: (305) 854-0800 Email: mcurrais@wsh-law.com Borrower: Vista Breeze, Ltd. 3 Miami Central 161 NW 6th Street, Suite 1020 Miami, Florida 33136 Attention: Kenneth Naylor Telephone: (305) 357-4700 Email: knaylor@apcompanies.com Land Use Restriction Agt 13 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN with a copy to: Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. 150 W. Flagler Street, Suite 2200 Miami, Florida 33130 Attention: Brian McDonough, Esq. Telephone: (305) 789-3350 Email: BMcDonough@stearnsweaver.com with a copy to: Klein Hornig LLP 1325 G Street NW, Suite 770 Washington, District of Columbia 20005 Attention: Chris Hornig Telephone: (202) 926-3402 Email: CHomig@kleinhomig.com Administrative: Vista Breeze HACMB, Inc. General Partner 200 Alton Road Miami Beach, Florida 33139 Attention: Miguell Del Campillo Telephone: (305) 532-6401 Email: mi uell@hacmb.org with a copy to: Fox Rothschild LLP BNY Mellon Center 500 Grant Street, Suite 2500 Pittsburgh, Pennsylvania 15219 Attention: Alec Stone, Esq. Telephone: (412) 391-2523 Email: aistone@foxrothschild.com Servicer: AmeriNat® 5130 Sunforest Drive, Suite 150 Tampa, Florida 33634 Attention: Mark Fredericks Telephone: (866) 269-1777 Email: mfredericks@amerinatls.com Any addressee may change its address by giving the other parties hereto notice of such change of address in accordance with the foregoing provisions. Notwithstanding the foregoing, notice by email shall be ineffective as notice under this Agreement. ARTICLE XV Miscellaneous. 15.1. Compliance with Low -Income Housing Tax Credit Requirements. Nothing in this Agreement shall modify or affect any agreement to set aside units in the Development that the Borrower has made or may make with Florida Housing in any application for low-income housing tax credits under Section 42 of the Internal Revenue Code of 1986, as amended with respect to such tax credits (the "Code") or in any Extended Low Income Housing Agreement executed or to be executed in connection therewith. In the event of any conflict, the Act, the Program and this Agreement shall control with respect to the Land Use Restriction Agt 14 VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN requirements of the Program, and Section 42 of the Code and any such Extended Low Income Housing Agreement shall control with respect to the requirements of the eligibility for tax credits. 15.2. Unless the context clearly requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. This Agreement and all the terms and provisions hereof shall be construed to effectuate the purposes set forth herein and to sustain the validity hereof. 15.3. The terms and phrases used in the recitals of this Agreement have been included for convenience of reference only and the meaning, construction and interpretation of all such terms and phrases for purposes of this Agreement shall be determined by references to Article I of this Agreement. The titles and headings of the sections of this Agreement have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof and shall never be considered or given any effect in construing this Agreement or any provision hereof or in ascertaining intent, if any questions of intent shall arise. 15.4. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions shall not in any way be affected or impaired. 15.5. This Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument and each of which shall be deemed to be an original. 15.6. The provisions of Section 5.5 of the SAIL Mortgage and Section 5.5 of the ELI Mortgage are incorporated herein by this reference. 15.7. Cure Rights of Partners. Notwithstanding anything to the contrary contained herein or any other Loan Document, Florida Housing agrees that any cure of any default made or tendered by Borrower's Managing General Partner, Co -General Partner, the Investor Limited Partner or Special Limited Partner shall be deemed to be a cure by Borrower and shall be accepted or rejected on the same basis as if made or tendered by Borrower. [COUNTERPART SIGNATURE PAGES TO FOLLOW] 15 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN COUNTERPART SIGNATURE PAGE FOR LAND USE RESTRICTION AGREEMENT (VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN) IN WITNESS WHEREOF, Florida Housing and the Borrower have caused this Agreement to be executed and delivered on their behalf by their duly authorized representatives as of the date first set forth above. WITNESSES: Print: web ecc� a Z Q-'.1-1�' Print: \%i G r Z STATE OF FLORIDA ) COUNTY OF M igw E BORROWER: VISTA BREEZE, LTD., a Florida limited partnership By: APC Vista Breeze, LLC, a Florida limited liability company, its managirt generjl partner M. Vice President Address f 3 Nf iami Central 1 161 NW 6th Street, Suite 1020 Miami, FL 33136 The foregoing instrument was acknowledged before me by means of physical presence or online notarization this 2"1 day of 1 ayembeC 2023, by Kenneth Naylor, as Vice President of APC Vista Breeze, LLC, a Florida limited liability company, the managing general partner of VISTA BREEZE, LTD., a Florida limited partnership, on behalf of the limited partnership. Who is ✓ personally known to me or has produced a as identification. [SEAL] L-Q Notary Public Print Name: Rr6 c, , Commission Expires:_ E 1412�g Commission No.: U 4F Z-k-iu6 j Notary Public State of Florida Rebeca Martinez My Commission IIE A 213601 Exp. 1 /4/2026-11 S-1 COUNTERPART SIGNATURE PAGE FOR LAND USE RESTRICTION AGREEMENT (VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN) IN WITNESS WHEREOF, Florida Housing and the Borrower have caused this Agreement to be executed and delivered on their behalf by their duly authorized representatives as of the date first set forth above. WITNESSES: STATE OF FLORIDA COUNTY OF LEON FLORIDA HOUSING: FLORIDA HOUSING FINANCE CORPORATION By: Name: Melissa Levy Title: Managing Director of Multifamily Programs Address: 227 North Bronough Street, Suite 5000 Tallahassee, Florida 32301-1329 The foregoing instrument was acknowledged before me, by means of [�hysical presence or [_] online notarization, this a'70 day of Mir t4tJV 1& , 2023, by Melissa Levy, as Managing Director of Multifamily Programs of the FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate and politic duly created and existing under the laws of the State of Florida, on behalf of Florida Housing. Said person is personally known to me or has produced a valid driver's license as identification. [SEAL] C.WA��^ Pk���,,, Notary tic; State of Florida SIB e • `t//f-L!G 41e � v •PAY pa Print me: Zip' Commission Expires: 7 Commission No.: MY COMMISSION EXPIRES 11-26-2027 •. OF FVO •',r S-2 EXHIBIT "A" (VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN) LEGAL DESCRIPTION That leasehold estate created by that Second Amended and Restated Ground Lease, by and between Vista Breeze, Ltd., a Florida limited partnership, and the Housing Authority of The City of Miami Beach, a public body corporate and politic, as evidenced by that Amended and Restated Memorandum of Lease to be recorded over the following described lands: PARCELI: LOT 3,4 and 5, Block 55, OF NORMANDY GOLF COURSE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, AT PAGE 62, OF THE PUBLIC RECORDS OF MIAMI-DARE COUNTY, FLORIDA. PARCEL 2: LOTS 6, 7 and 8, BLOCK 56, NORMANDY GOLF COURSE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 44, PAGE 62, OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA EXH A Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN EXHIBIT "B" (VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN) DESCRIPTION OF FEATURES AND AMENITIES A. The Development will consist of: 119 Units located in 2 Mid -Rise residential buildings Unit Mix: One hundred nineteen (119) zero bedroom/one bath units: 119 Total Units B. All units are expected to meet all requirements as outlined below. If the proposed Development consists of rehabilitation, the proposed Development's ability to provide all construction features will be confirmed as outlined in Exhibit F of the RFA. The quality of the construction features committed to by the Borrower is subject to approval of the Board of Directors. The Development must meet all federal requirements and state building code requirements, including the following, incorporating the most recent amendments, regulations, and rules: The Federal Fair Housing Act as implemented by 24 CFR 100, Florida Accessibility Code for Building Construction as adopted pursuant to Section 553.503, F.S., Section 504 of the Rehabilitation Act of 1973, and Titles II and III of the Americans with Disabilities Act ("ADA") of 1990 as implemented by 28 CFR 35. All Developments must meet accessibility standards of Section 504. Section 504 accessibility standards require a minimum of 5 percent of the total dwelling units, but not fewer than one unit, to be accessible for individuals with mobility impairments. An additional 2 percent of the total units, but not fewer than one unit, must be accessible for persons with hearing or vision impairments. All of the accessible units must be equally distributed among different unit sizes and Development types and must be dispersed on all accessible routes throughout the Development. C. All Developments must provide the following General Features: 1. Broadband infrastructure which includes cables, fiber optics, wiring, or other infrastructure, as long as the installation results in accessibility in each unit; 2. Termite prevention; 3. Pest control; 4. Window covering for each window and glass door inside each unit; 5. Cable or satellite TV hook-up in each unit and, if the Development offers cable or satellite TV service to the residents, the price cannot exceed the market rate for service of similar quality available to the Development's residents from a primary provider of cable or satellite TV; 6. Washer and dryer hook ups in each of the Development's units or an on -site laundry facility for resident use. If the proposed Development will have an on -site laundry facility, the following requirements must be met: EXH B-1 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 202I-205 / 2022-159SN There must be a minimum of one (1) Energy Star certified washer and one (1) Energy Star certified or commercial grade dryer per every 15 units. To determine the required number of washers and dryers for the on -site laundry facility; divide the total number of the Developments' units by 15, and then round the equation's total up to the nearest whole number; At least one washing machine and one dryer shall be front loading that meets the accessibility standards of Section 504; If the proposed Development consists of Scattered Sites, the laundry facility shall be located on each of the Scattered Sites, or no more than 1/16 mile from the Scattered Site with the most units, or a combination of both. At least two full bathrooms in all 3 bedroom or larger new construction units; 8. Bathtub with shower in at least one bathroom in at least 90% of the new construction non - Elderly units; 9. Elderly Developments must have a minimum of one elevator per residential building provided for all Elderly Set -Aside Units that are located on a floor higher than the first floor. 10. Elderly Demographic Developments that are new construction units must have a full-size range and oven.. D. Required Accessibility Features, regardless of the age of the Development: Federal and state law and building code regulations requires that programs, activities, and facilities be readily accessible to and usable by persons with disabilities. Florida Housing requires that the design, construction, or alteration of its financed Developments be in compliance with federal and state accessibility requirements. When more than one law and accessibility standard applies, the Borrower shall comply with the standard (2010 ADA Standards, Section 504, Fair Housing Act, or Florida Building Code, Accessibility) which affords the greater level of accessibility for the residents and visitors. Areas required to be made accessible to mobility -impaired residents and their visitors, including those in wheelchairs, shall include, but not be limited to, accessible routes and entrances, paths of travel, primary function areas, parking, trash bins, mail and package receiving areas for residents, pool and other amenities, including paths of travel to amenities and laundry rooms, including washers and dryers. E. The Development must provide the following Accessibility Features in all units: Primary entrance doors on an accessible route shall have a threshold with no more than a 1/2-inch rise; 2. All door handles on primary entrance door and interior doors must have lever handles; 3. Lever handles on all bathroom faucets and kitchen sink faucets; 4. Mid -point on light switches and thermostats shall not be more than 48 inches above finished floor level; and Cabinet drawer handles and cabinet door handles in bathroom and kitchen shall be lever or D-pull type that operate easily using a single closed fist. EXH B-2 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN F. All Elderly (ALF or Non-ALF) Demographic Developments must provide the following Accessibility Features: • 20 percent of the new construction units must have roll -in showers. • Horizontal grab bars in place around each tub and/or shower, or a Corporation -approved alternative approach for grab bar installation. The installation of the grab bars must meet or exceed 2010 ADA Standards for Accessible Design, Section 609. In addition, the following standards for grab bars are required: o If a bathtub/shower combination with a permanent seat is provided, grab bars shall be installed to meet or exceed 2010 ADA Standards for Accessible Design, Section 607.4.1. o If a bathtub/shower combination without a permanent seat is provided, grab bars shall be installed to meet or exceed 2010 ADA Standards for Accessible Design, Section 607.4.2. o If a roll -in shower is provided, grab bars shall be installed to meet or exceed 2010 ADA Standards for Accessible Design, Section 608.3.2. • Reinforced walls for future installation of horizontal grab bars in place around each toilet, or a Corporation -approved alternative approach for grab bar installation. The installation ofthe grab bars must meet or exceed the 2010 ADA Standards for Accessible Design; • All bathrooms in all new construction units must have vanity cabinets with at least one roll -out shelf or drawer in bottom of cabinet; • Adjustable shelving in master bedroom closets (must be adjustable by resident); and • In one of the kitchen's base cabinets, there shall be a large bottom drawer that opens beyond full extension, also referred to as an "over -travel feature." Drawers with the over -travel feature allow drawers to extend completely past the cabinet front so all the contents can be accessed. The drawer shall be deep and wide enough to store pots and pans and the drawer slides shall have a weight load rating of a minimum of 100 pounds. The drawers shall be mounted on a pair of metal side rails that are ball -bearing. G. Green Building Features required in all Developments: All new construction units and, as applicable, all common areas must have the features listed below and all rehabilitation units are expected to have all of the following required Green Building features unless found to be not appropriate or feasible within the scope of the rehabilitation work utilizing a capital needs assessment as further explained in Exhibit F of the RFA: a. 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); b. Low -flow water fixtures in bathrooms — WaterSense labeled products or the following EXH B-3 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN specifications: i. Toilets: 1.28 gallons/flush or less ii. Urinals: 0.5 gallons/flush, iii. Lavatory Faucets: 1.5 gallons/minute or less at 60 psi flow rate, iv. Showerheads: 2.0 gallons/minute or less at 80 psi flow rate; C. Energy Star certified refrigerator; d. Energy Star certified dishwasher; e. Energy Star certified ventilation fan in all bathrooms; f. Water heater minimum efficiency specifications: • Residential Electric: i. Up to 55 gallons = 0.95 EF or 0.92 UEF; or ii. More than 55 gallons = Energy Star certified; or iii. Tankless = 0.97 EF and Max GPM of > 2.5 over a 77- rise or 0.87 UEF and GPM of> 2.9 over a 67- rise; • Residential Gas (storage or tankless/instantaneous): Energy Star certified • Commercial Gas Water Heater: Energy Star certified; g. Energy Star certified ceiling fans with lighting fixtures in bedrooms; h. Air Conditioning (in -unit or commercial): i. Air -Source Heat Pumps — Energy Star certified: a. >8.5 HSPF/ >15 SEER/ > 12.5 EER for split systems b. >8.2 HSPF/>15 SEER/ >12 EER for single package equipment including gas/electric package units. ii. Central Air Conditioners — Energy Star certified: a. > 15 SEER/ > 12.5 EER* for split systems b. >15 SEER/ >12 EER* for single package equipment including gas/electric package units. NOTE: Window air conditioners and portable air conditioners are not allowed. Package Terminal Air Conditioners (PTACs) / Package Terminal Heat Pumps (PTHPs) are allowed in studio and 1 bedroom units; In addition to the required Green Building Features outlined above, proposed Developments with a Development Category ofNew Construction or Redevelopment, with or without acquisition, must commit to achieve one of the following Green Building Certification programs: _X Leadership in Energy and Environmental Design (LEED); or Florida Green Building Coalition (FGBC); or ICC 700 National Green Building Standard (NGBS); or Enterprise Building Communities. EXH B-4 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN H. Borrowers who select the Elderly (ALF or Non-ALF) Demographic must provide the required following Resident Program: 24 Hour Support to Assist Residents In Handling Urgent Issues. An important aging in place best practice is providing the residents access to property management support 24 hours per day, 7 days a week to assist them to appropriately and efficiently handle urgent issues or incidents that may arise. These issues may include, but are not limited to, an apartment maintenance emergency, security or safety concern, or a health risk incident in their apartment or on the property. The management's assistance will include a 24/7 approach to receiving residents' requests for assistance that will include a formal written process for relevant property management staff to effectively assess and provide assistance for each request. This assistance may include staff: • visiting or coordinating a visit to a resident's apartment to address an urgent maintenance issue; • responding to a resident being locked out of their apartment; • contacting on -site security or the police to address a concern; • providing contact information to the resident and directing or making calls on a resident's behalf to appropriate community -based emergency services or related resources to address an urgent health risk incident; • calling the resident's informal emergency contact; or • addressing a resident's urgent concern about another resident. Property management staff shall be on site at least 8 hours daily, but the 24- hour support approach may include contracted services or technology to assist the management in meeting this commitment, if these methods adequately address the intent of this service. The Development's owner and/or designated property management entity shall develop and implement policies and procedures for staff to immediately receive and handle a resident's call and assess the call based on a resident's request and/or need. At a minimum, residents shall be informed by the property management, at move -in and via a written notice(s)/instructions provided to each resident and displayed in the Development's common or public areas, that staff are available to receive resident calls at all times. These notices shall also provide contact information and direction to first contact the community -based emergency services if they have health or safety risk concerns. I. The Borrower must provide the following Resident Programs: The quality of the Resident Programs committed to by the Borrower is subject to approval of the Board of Directors. The availability of the Resident Programs must be publicized on an ongoing basis such as through community newsletters, bulletin board posts, or flyers. Daily Activities The Borrower or its Management Company must provide on -site supervised, structured activities, at no cost to the resident, at least five days per week which must be offered between the hours of 8:00 a.m. and 7:00 p.m. If the Development consists of EXH B-5 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN OR e-K 34013 PG 2`730 LAST* PAGE Scattered Sites, this resident program must be provided on the Scattered Site with the most units. 2. Computer Training The Borrower or its Management Company shall make available computer and internet training classes (basic and/or advanced level depending on the needs and requests of the residents). The training classes must be provided at least once a week, at no cost to the resident, in a dedicated space on site. Training must be held between the hours of 8:00 a.m. and 7:00 p.m., and electronic media, if used, must be used in conjunction with live instruction. If the Development consists of Scattered Sites, this resident program must be provided on the Scattered Site with the most units. 3. Assistance with Light Housekeeping, Grocery Shopping and/or Laundry The Borrower or its Management Company must provide residents with a list of qualified service providers for (a) light housekeeping, and/or (b) grocery shopping, and/or (c) laundry and will coordinate, at no cost to the resident, the scheduling of services. The Developer or Management Company shall verify that the services referral information is accurate and up-to-date at least once every six months. EXH B-6 Land Use Restriction Agt VISTA BREEZE / SAIL / ELI / RFA 2021-205 / 2022-159SN