72. Land Use Restriction AgreementTHIS 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
3 Z 113� 5�c
OR BK 34013 Pss 2823-2846 (24-P3s)
RECORDED 12/ 18/20213 14' 33 . 2i-i
JU(ili FERllA11DE7..•-BARQ1J1H
CL.ERK OF 'FHE: COURT n COIIPTROLI...I:--R
ti3:ANI-MDE COM T r v FL.
ABOVE SPACE RESERVED FOR
RECORDING PURPOSES ONLY
LAND USE RESTRICTION AGREEMENT (NHTF)
(VISTA BREEZE / NHTF / 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 developments 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, The State has been designated by the United States Department of Housing and Urban
Development ("HUD") as a participating jurisdiction for the receipt and use of funds as provided by the
National Housing Trust Fund Program governed by Title I of the Housing and Economic Recovery Act of
2008, Section 1131 (Public Law 110-289); 12 U.S.0 Section 4501 et seq., Section 420.5089, Fla. Stat. and
24 C.F.R. Part 93 (the "NHTF Program"); and
WHEREAS, Florida Housing has been designated by the State as the allocating authority for
NHTF Program funds; and
WHEREAS, Borrower has applied to Florida Housing and Florida Housing has agreed, under
certain conditions, to approve and administer a loan of NHTF Program funds under the Florida Housing
Finance Corporation Request for Applications 2021-205, in effect as of August 17, 2021 ("RFA"), 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 ONE MILLION THREE
HUNDRED ONE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($1,301,500) (the "Loan"),
for the purpose of providing acquisition, construction and permanent financing for a 119-unit multifamily
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1 4
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 HUD requirements, 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 State Apartment Incentive Loan ("SAIL") and a loan of
Extremely Low Income ("ELI") funds (as defined herein) each under the SAIL Program and the Rule, for
the purpose of providing 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.
"Administrative General Partner" means Vista Breeze HACMB, Inc., a Florida not -for -profit
corporation.
"Applicant" means any person or legally formed entity who wishes to provide housing affordable
to Extremely Low -Income 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.
"Cohen Trust" means the Howard D. Cohen Revocable Trust Under Agreement Dated 4/6/1993.
"Co -General Partner" means Vista Breeze HACMB, Inc., a Florida not -for -profit corporation.
"County" means Miami -Dade County, Florida.
"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 NHTF 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
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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 NHTF 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
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 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 a promissory note secured by the Fourth Mortgage for the purpose of financing the construction or
substantial rehabilitation of the Development.
"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.
"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.
"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
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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.
"Fourth Mortgagee" means Florida Housing, its successors or assigns, as lender of the ELI Loan.
"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 Florida 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" means the NHTF Loan.
"Loan Documents" means the NHTF 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.
"NHTF Construction Loan Agreement" means the Construction Loan Agreement entered into in
connection with the NHTF Loan, dated of even date herewith, among the Borrower, Florida Housing and
the Servicer, as may be amended or supplemented from time to time.
"NHTF Extended Affordability Period" means the extension of the NHTF 30-Year Compliance
Period, which is thirty (30) years beginning after project completion, for an additional twenty (20) years
through the date that is fifty (50) years from the date the first unit within the Development is occupied or
the Closing Date, whichever is later ("Program Compliance Period").
"NHTF Link Units" means at least five (5) units in the proposed Development all of which must
be set aside at or below twenty-two percent (22%) 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") that must serve residents who are Persons
with Special Needs. The NHTF Link Units shall be rent restricted, as described herein.
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"NHTF Loan" means the fifth mortgage loan in the principal amount of $1,301,500 from Florida
Housing as lender to the Borrower with respect to the Development to be made in accordance with the
NHTF Note secured by the NHTF Mortgage for the purpose of financing the construction of the
Development.
"NHTF Loan Documents" means, collectively, this Agreement, the NHTF Construction Loan
Agreement, the NHTF Mortgage, the NHTF Note, the Assignment of Leases, Rents and Contracts Rights,
the Guarantees, the Environmental Indemnity Agreement (as such terms are defined in the NHTF
Construction Loan Agreement), and all other documents evidencing or securing the NHTF Loan.
"NHTF Mortgage" or "Fifth Mortgage" means the Leasehold Mortgage and Security Agreement
given in connection with the NHTF Loan, dated of even date herewith, from the Borrower in favor of
Florida Housing, granting a fifth priority leasehold mortgage lien on (subject only to the First Mortgage,
Second Mortgage, Third Mortgage and Fourth Mortgage) and security interest in the Borrower's 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 NHTF Construction Loan Agreement and the NHTF
Note, as may be amended or supplemented from time to time.
"NHTF Note" means the Promissory Note, dated of even date herewith, in the principal amount of
$1,301,500 with the Borrower as payor and Florida Housing as payee thereunder, evidencing the NHTF
Loan to the Borrower pursuant to the NHTF Construction Loan Agreement and the NHTF Mortgage, as
may be amended or supplemented from time to time.
"Partnership Agreement" means the Amended and Restated Agreement of Limited Partnership
among 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
receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental
Security Income (SSI) program or from veterans' disability benefits.
"Program" means the NHTF Program.
"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 Loan" means the third leasehold mortgage loan in the 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
a SAIL Note given by Borrower to Florida Housing secured by the SAIL Mortgage for the purpose of
financing the construction of the Development.
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"SAIL Mortgage" or "Third Mortgage" means the Leashold 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 leashold 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.
"Second Mortgagee" means Florida Housing, its successors or assigns, as lender of the Viability
Loan.
"Senior Mortgage" means, collectively, the First Mortgage, the Second Mortgage, the Third
Mortgage, and the Fourth Mortgage.
"Senior Mortgagee" means, collectively, the First Mortgagee, the Second Mortgagee, the Third
Mortgagee, and the Fourth Mortgagee.
"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.
"Subordination Agreement" means, that certain Subordination Agreement 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 VM hereof.
"Third Mortgagee" means Florida Housing, its successors or assigns, as lender of the SAIL Loan.
"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 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.
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"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 ofthe 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.
ARTICLE II
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 4.202% of the total units (5 units) within the Development shall be
NHTF Link Units (as defined herein) to be rented to households who shall have a household income
less than or equal to twenty-two percent (22%) of the Area Median Income ("NHTF Link Set Aside
Units" or "NHTF Link Set Asides").
(b) In the event the Borrower has continuously complied with the terms and
requirements of this Section 2.2 during the first thirty (30) years of the 50-year Program
Compliance Period (the "30-Year Compliance Period"), then at the end of the 30-Year Compliance
Period, the NHTF Link Set Aside Units (5 units) described in subsection (a) above may convert to
serve residents at or below sixty percent (60%) of the Area Median Income for the remainder of
the Program Compliance Period; provided, however, the NHTF Link Units shall continue to serve
Persons with Special Needs (as described in the definition of "NHTF Link Units") must be
maintained throughout the entire Program Compliance Period.
(c) Rent controls for the NHTF Link Set Aside Units pursuant to this Section 2.2 above
per 24 C.F.R. Section 93.302 shall not exceed the lesser of thirty percent (30%) of the federal
poverty guidelines or thirty percent (30%) of the income of a family whose annual income equals
twenty-two percent (22%) of the median income for the geographic area, as determined by HUD,
with adjustments for the number of bedrooms in the unit. At the end of the 30-Year Compliance
Period, at the time the NHTF Link Set -Aside Units described in subsection (a) convert to serve
residents at or below sixty percent (60%) of the area median income for the remainder of the
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Program Compliance Period, the rent controls for the NHTF Link Set -Aside Units shall not exceed
thirty percent (30%) of the income of a family whose annual income equals sixty percent (60%) of
the median income for the geographic area, as determined by HUD, with adjustments for the
number of bedrooms in the unit.
(d) In a project containing both NHTF Link Set Aside Units and other units pursuant
to 24 C.F.R. Section 93.302(g), the Borrower must designate fixed or floating NHTF Link Set
Aside Units; the actual NHTF Link Set Aside Units must be identified not later than the time of
project completion as defined at 24 CFR Part 93.1. Fixed units shall remain the same throughout
the Program Compliance Period and floating units are changed to maintain compliance with the
requirements of this Agreement during the Program Compliance Period. The Borrower has elected
floating set aside units for the Development.
(e) The units within the Development shall be rented to the demographic commitment
of Elderly Development (as defined herein).
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 (or rented with
a preference for) 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.
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 V11 hereof. The Borrower expressly acknowledges that certain of the foregoing
restrictions may survive the repayment of the Loan and satisfaction of the NHTF Mortgage prior to the
expiration of the Program Compliance Period.
ARTICLE III
Compliance with Program Requirements. In order to comply with 29 C.F.R Part 93, the Act and
Florida Housing's rules and regulations thereunder and with the RFA and Chapters 67-48 and 67-53, Fla.
Admin. Code, 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.
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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
Implementation Act, as amended, and Section 504 of the Rehabilitation Act of 1973, as implemented by 24
C.F.R. Part 8.
3.3 Pursuant to the HUD Property Standards for New Construction and in accordance with
93.301, the Development must meet all NHTF Program requirements including, but not limited to, (i) the
accessibility requirements of 24 C.F.R. part 8, which implements section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794), (ii) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-121.89)
implemented at 28 C.F.R. parts 35 and 36, as applicable, and (iii) the energy efficiency standards
established pursuant to section 109 of the Cranston -Gonzalez National Affordable Housing Act (42 U.S.C.
12709 .
3.4 In accordance with 24 C.F.R. Section 93.356, which applies to all rental housing assisted
with NHTF Program Funds, the Borrower agrees to comply with the Violence Against Women Act
(VAWA) requirements set forth in 24 C.F.R. part 5, subpart L, including notice obligations and obligations
under the emergency transfer plan.
3.5. Borrower shall annually certify the gross income of all persons occupying units set aside
pursuant to the NHTF Program. All persons or households qualified under the provisions of the NHTF
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 24 C.F.R. Section 93.302. Should
the annual recertification result in temporary noncompliance with NHTF income occupancy requirements,
each and every unit that is comparable in terms of size, features, and number of bedrooms which becomes
available must be rented to a person or household qualifying under the provisions of Section 24 C.F.R. Part
93 until the noncompliance is corrected.
3.6. 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 Loan, 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 must be 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.
3.7. 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(e) herein), the Borrower may request to rent such units as NHTF set -aside
units 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,
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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.
3.8. 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, and the NHTF Program (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 and Rule Chapters 67-48 and 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 Loan and satisfaction of the NHTF 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
Loan 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 parry, 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 partners 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 its partners set forth in any other Loan Documents.
ARTICLE V
Consideration. In addition to other purposes, Florida Housing has authorized and made the Loan
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 Loan 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 tenants of the Development, as applicable, believed to be genuine and to
Land Use Restriction Agt 10
VISTA BREEZE / NHTF / RFA 2021-205 / 2022-159SN
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 tenants of the Development, 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 Loan, as to both principal and interest, if any,
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. L The proposed owner of the Development meets all specific applicant identity
criteria which were required as conditions of the original Loan;
7.1.2. The proposed owner of the Development agrees to maintain all set asides and other
requirements of the Loan 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 Loan as to both principal and interest, if
any, 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.
7.3 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
Land Use Restriction Agt l l
VISTA BREEZE / NHTF / RFA 2021-205 / 2022-159SN
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.
F41'A 1cce- +La1
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.
I.T"1 UNWW:I
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 (a "default" or "Event of Default"), 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 NHTF Mortgage.
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
Land Use Restriction Agt 12
VISTA BREEZE / NHTF / RFA 2021-205 / 2022-159SN
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.
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. Notwithstanding any subordination agreement or other agreement
to the contrary, in the event of a foreclosure and sale of Borrower's leasehold interest in the Land and/or
Development or receipt of a deed in lieu of foreclosure, pursuant to a default under any mortgage senior in
priority to this Agreement or the NHTF Mortgage, the benefits of Section 2.2(a) through (d) of this
Agreement shall survive, inure to, and may be enforced by Florida Housing for the 30-Year Compliance
Period, whether or not Florida Housing shall continue to be the holder of the NHTF Mortgage and whether
or not the NHTF Loan may be paid in full.
After the expiration of the 30-Year Compliance Period, in the event of a foreclosure and sale of the
Land and/or Development or receipt of a deed in lieu of foreclosure pursuant to a default under the any
mortgage senior in priority to this Agreement or the NHTF Mortgage, this Agreement shall be null and void
and of no further force and effect, provided, however, that this Agreement shall be revived according to its
original terms if, during the Program Compliance Period, the Borrower or other owner of record, before the
foreclosure or deed in lieu of foreclosure, or any related entity or entity that includes the former owner or
those with whom the former owner has or had family or business ties, obtains an ownership interest in the
Development, the Borrower or other owner of record, or the Land, or as otherwise provided in the NHTF
Program and/or the Rule.
ARTICLE XIII
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
Land Use Restriction Agt 13
VISTA BREEZE / NHTF / RFA 2021-205 / 2022-159SN
Coral Gables, Florida 33134
Attention: Maria V. Currais, Esq.
Telephone: (305) 854-0800
Email: mcurraisgwsh-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: knayor@gpcompanies.com
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: miguellAhacmb.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(cr�,foxrothschild.com
Servicer: AmeriNat®
5130 Sunforest Drive, Suite 150
Tampa, Florida 33634
Attention: Mark Fredericks
Telephone: (866) 269-1777
Email: mfredericksg_amerinatls.com
Any party may change said address by giving the other parties hereto written notice of such change
of address in accordance with the foregoing provisions. Notwithstanding the foregoing, to be effective
14
Land Use Restriction Agt
VISTA BREEZE / NHTF / RFA 2021-205 / 2022-159SN
hereunder notices from the Borrower only need to be given to the Florida Housing in the manner specified
above. Notwithstanding the foregoing, notice by email shall be ineffective as notice under this Agreement
and the Loan Documents.
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
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 the Rule and 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 3.07 of the NHTF 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]
Land Use Restriction Agt 15
VISTA BREEZE / NHTF / RFA 2021-205 / 2022-159SN
COUNTERPART SIGNATURE PAGE FOR
LAND USE RESTRICTION AGREEMENT
(VISTA BREEZE / NHTF / 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. a dui a r r'
Print: Marlene Sanchez
STATE OF FLORIDA
COUNTY OF MWMI-Oduc
BORROWER:
VISTA BREEZE, LTD., a Florida limited
partnership
By: APC Vista Breeze, LLC, a Florida limited
liability company, its maiaging general partner
ennetli Naylor, i President
Address: 3 Mi mi Cent al
161 NW 6th Street, ite 1020
Miami, FL 33136
The foregoing instrument was acknowledged b fore m by means of !Physical presence
or online notarization this day of/'*M�111 2023, by Kenneth
Naylor, as Vice President of APC Vista Breeze, LLC, a Florida limited liability company, the
managing general partner of VISTA B EZE, LTD., a Florida limited partnership, on behalf of
the limited partnership. Who is personally known to me or has produced
a as identification.
[SEAL]
Notg Public
Print Name: Marlene Sanchez
``. 8., Commission Expires:
Notar CASH SA�C.,c, t,
Y public • St_ t� }:: - ,�; Commission No.:
of moo-:' Commission cr'c;. .
My Comm. E! 50E3 0
Bonded throu P es O, 2'
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S-1
COUNTERPART SIGNATURE PAGE FOR
LAND USE RESTRICTION AGREEMENT
(VISTA BREEZE / NHTF / 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 firth
above.
WITNESSES:
STATE OF FLORIDA
COUNTY OF LEO'N
FLORIDA HOUSING FINANCE
CORPORATION
By
Name: David R. Westeott
Title: Managing Director of Homeowner Programs
The foregoing instm etxt was acknowledged before me, by means of ( physical presence or
[] online notarization, this��h day ofA( 2023, by David R. Westcott, as Managing
Director of Homeowner 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 personalt mown. to me or has produced a valid
driver's license as identification. /
[SEAL] /
Notary Public; $tz t� of Floridi
Print Nance: t)h i f1 f\ja
Commission Expires:
OBMW OKM Commission No.:
C mffhft 0 HH 371401
40M March 9, 2027
S-2
EXHIBIT "A"
(VISTA BREEZE / NHTF / 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:
PARCEL 1:
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-DADE
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.
Land Use Restriction Agt
Vista Breeze / NHTF / RFA 2021-205 / 2022-165SN
EXHIBIT `B"
(VISTA BREEZE / NHTF / 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:
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;
Pest control;
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:
B-1
Land Use Restriction Agt
VISTA BREEZE / NHTF / RFA 2021-205 / 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;
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:
1. 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
5. 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.
B-2
Land Use Restriction Agt
VISTA BREEZE / NHTF / 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 of the 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-3
Land Use Restriction A9t
VISTA BREEZE / NHTF / RFA 2021-205 / 2022-159SN
b. Low -flow water fixtures in bathrooms — WaterSense labeled products or the following
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.
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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.
1. 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
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offered between the hours of 8:00 a.m. and 7:00 p.m. If the Development consists of
Scattered Sites, this resident program must be provided on the Scattered Site with the most
units.
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.
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.
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