ATTACHMENT A

SCOPE OF SERVICES

2.1 Background and Summary

The County, through its Housing and Community Development Department (HCD), aims to advance housing and community development initiatives that support neighborhood revitalization, expand housing opportunities, and promote long-term community stability. In furtherance of these objectives, the County seeks to facilitate strategic development opportunities that increase access to quality housing, encourage compatible mixed-use development, and create lasting public benefit.

As part of this effort, the County is seeking to maximize and expedite the development potential of the public housing sites included in the Project Site, support implementation of the Little River Adaptation Action Area Plan January 2022 (LRAAAP) Attachment J, provide a financial return to the County, and increase the supply of quality affordable housing for the county's residents. Additional grant guidance and illustrative examples are provided in Attachment G – Low Impact Development GSI Examples and Attachment I – Little River RAD Resilient Florida Grant Guidance.

The County is engaging a Developer to design, build, finance, operate and maintain the Kline Nunn, Litle River Terrace, Little River Plaza, and the adjacent County-owned Vacant Lot Redevelopment Project to deliver a turn-key project including the implementation of HUD’s RAD conversion and all applicable requirements for the Kline Nunn, Little River Terrace, and Little River Plaza Family Public Housing Site, and County Owned Lot (the “Project Site”). The Developer shall pursue available funding sources, including but not limited to Florida Housing Finance Corporation (FHFC) funding such as Low-Income Housing Tax Credits (LIHTC) and State Apartment Incentive Loan (SAIL) funds. Additional funding sources may include Federal Home Loan Bank programs (Affordable Housing Program (AHP) and Community Investment Program (CIP), New Market Tax credits, EB-5 financing), and private or philanthropic capital.

2.2 Rental Assistance Demonstration (RAD)

The Developer shall convert the Kline Nunn, Little River Terrace, and Little River Plaza public housing property and the adjacent County-owned Vacant Lot to RAD. The Developer shall work with the County to prepare and submit the required items (i.e., RAD Financing Plan, RPCA, environmental report, 99-year proforma, HUD form documents, etc.) to meet the HUD-required RAD milestones, including the Financing Plan which will be used in the HUD RAD approval process, and shall participate in communications with the County and the HUD RAD staff to help the County navigate the RAD Financing Plan submission and RAD Conversion Commitment (RCC) issuance processes. Additionally, the Developer shall work with the County to facilitate the RAD closing process.

In connection with the redevelopment of the Public Housing Sites under the Rental Assistance Demonstration (RAD), this conversion is subject to the requirements of the U.S. Department of Housing and Urban Development (HUD). All offerors must review, acknowledge, and comply with the following HUD-mandated attachments, which establish the terms, certifications, and conditions required by federal law and HUD regulation. These attachments are incorporated by reference into any contract resulting from this RFP:

· Attachment B – HUD-5369-A: Representations, Certifications, and Other Statements of Bidders

· Attachment C – HUD-5369-B: Instructions to Offerors (Non-Construction)

· Attachment K – HUD-5370: General Conditions for Construction Contracts – Public Housing Programs

· Attachment L – HUD-5370-C: General Conditions for Non-Construction Contracts, Section I

Note: The applicable RAD contract rents for the Project are set forth in Attachment N, RAD Conversion Approval CHAP_FL005000821B. Any Agreement resulting from a RAD CHAP award is subject to approval by the Board. Notwithstanding the foregoing, in the event RAD approval is not granted or approved by HUD or the Board, the County reserves the right, in its sole discretion, to proceed with the Project under a Mixed-Income and Mixed-Finance Development approach, or another affordable housing development structure, as determined by the County. Additionally, there are ancillary HUD notices and provisions of the Code of Federal Regulations (CFR) that apply to certain aspects of RAD, including, but not limited to, HUD Notice Public and Indian Housing (PIH) 2012-32, REV 3, H2019-09 PIH 2019-23 Rev 4, and subsequent revisions and other applicable HUD notices. RAD allows for the conversion of public housing developments to either Site Based Vouchers / Project Based Vouchers (PBV) or Project Based Rental Assistance (PBRA) pursuant to HUD Notice Public and Indian Housing (PIH) 2012.32 and subsequent and future revisions.

2.3 Comprehensive Development Plan

The Developer shall develop and implement a comprehensive development plan for the Project Site that is consistent with the County’s objectives for the Project.

At a minimum, the comprehensive development plan shall provide for and incorporate, the following elements:

a. Subject to HUD’s approval, existing public housing units at the Project Site may be demolished in phases and shall be replaced on a one-for-one basis. Replacement units shall include public housing units delivered through RAD and may be developed in combination with other affordable, workforce, and market-rate housing units, consistent with the Developer’s phased redevelopment approach. RAD and/or blended RAD Section 18 strategies may be utilized; however, a non-RAD Section 18 demolition and disposition strategy shall not be utilized as the primary development approach.

b. The Developer shall familiarize itself with FDEP Grant No. 22SRP43 (included in Attachment Attachment H - 22SRP43 A1 Florida Department of Environmental Protection (FDEP) Resilient Matching Grant ), and shall determine the most effective phasing plan for the Project, including any phasing necessary to satisfy the grant’s expenditure deadline of March 31, 2028. Community features and amenities should be prioritized in the early phases of the project, including Phase 1, to support resident quality of life during redevelopment.

c. Pursuant to the Lease and Development Agreement, the Developer shall have eighteen (18) months to finance and achieve Financial Closing for the Project. Refer to Article 27.1 (D), Termination by Landlord, of the Agreement for further details.

d. If a phased redevelopment approach is utilized, residents shall, to the greatest extent practicable, not be temporarily relocated off-site during construction. The Project shall phase delivery of replacement public housing units to the maximum extent practicable to facilitate on-site relocation, allowing residents to relocate directly from existing public housing units into newly constructed units as they become available on-site.

e. If temporary relocation to off-site housing units is required, including but not limited to hotels, then all costs, including but not limited to, relocation assistance required under the Uniform Relocation and Real Property Acquisition Act of 1970, as amended, and its implementing regulations, shall be borne by the Developer.

f. The Developer shall be responsible for all relocation of residents, including professional relocation services, property management, and following Financial Closing, the disposition of any existing public housing buildings that get disposed through the RAD conversion process and contain converted RAD units.

g. No phase of the Project shall contain more than fifty percent (50%) RAD units. The County prefers the Developer provide a mix of unit types throughout as many phases as possible. This mix requirement shall be achieved across all phases until all the one-for-one replacement public housing units are developed. This requirement is contingent on the Project Site’s current as-of-right zoning allowing for additional density to be added when necessary, or a rezoning solution being pursued. Public housing units, as well as any Affordable Housing units, must be interspersed throughout the Project, including in any and all buildings, and shall be indistinguishable from market-rate units, from the outside of the units.

h. The Developer shall relocate residents. Developer shall notify current residents of their “Right to Return” and shall relocate these residents back to newly constructed housing in the Project at the cost of the Developer.

i. The Developer shall provide emergency generator capacity sufficient to power all code-required emergency systems in the building, in addition to providing power for not less than ninety-six (96) hours of operation without refueling, including for community rooms and a community area kitchens, within the Project Site.

j. The Developer shall work cooperatively with HCD, the Project Site residents, the resident council leadership, and other stakeholders including, but not limited to, Miami-Dade County, applicable municipalities, building and zoning official, law enforcement agencies, the Miami-Dade County School Board, the State Attorney’s Office, community organizations, and other private entities.

k. The Developer shall provide, at a minimum, the following community features, common areas, and amenities at the Project Site. The Developer may elect to include additional community benefits from the Community Benefits Standardization Menu provided in Attachment M, which shall be identified separately from the baseline requirements set forth in the table below. The extent, quality, and overall impact of such additional community benefits will be considered favorably during the evaluation of the Proposal.

Impact windows and doors * Energy efficient Dishwasher, Oven & Range, Refrigerators appropriately sized to their unit size (with ice makers included), and Washers and Dryers in each unit

Computer lab/print lab

More trees/shade than existing site Broadband and cable connection infrastructure required to be installed in all units, with broadband wall connections to be available in more than one room within each unit, so that tenants can so choose to enroll in internet service contracts for their apartment units.

Homeownership within Project Site, as feasible

Accessibility-Compliance with Uniform Federal Accessibility Standards (UFAS) * Each hallway will be several inches wider than minimum municipal code, each resident doorway at least 36” standard, each door will utilize paddle type door handles, each faucet and fixture will facilitate ease of use.

Retail/other beneficial uses (as proposed by Proposer and if feasible for each Project Site)

Broadband connection infrastructure installed in all common areas, along with reasonable wireless internet options installed and activated and internet service made available at no charge to all residents and guests in the common areas.

Free for all RAD units for a minimum of 3 years

Waste disposal facilities in close proximity to each residential building

Green stormwater infrastructure such as rain gardens, bio-swales, pervious pavers, structured soil, and tree pits (where applicable)

*In accordance with applicable Codes as shown in Attachment O - UFAS Accessibility Checklist

l. The Developer shall provide the following miscellaneous services at the Project Site:

1) Hiring and economic opportunities for eligible residents and business, in compliance with HUD Section 3 requirements as shown in Attachment D - Section 3 Requirements

2) Adequate maintenance staffing to ensure regular and timely maintenance.

3) Pest control services.

4) Coordinate with County, City, and other applicable agencies to provide traffic-related improvements (e.g., traffic lights, buses, etc.).

5) Assist and coordinate with police, residents, HCD, other applicable agencies to provide Neighborhood Crime Watch.

6) Assist and coordinate with residents and HCD to provide detailed instructions, information, and meetings for the Project Site residents, to aid them in their transition to the new replacement RAD units and as otherwise required.

7) Assist and coordinate with residents and HCD to provide Homeownership Workshops.

m. The Developer shall conduct a series of resident meetings, in consultation with and at the direction of HCD, to review all aspects of the development approach with residents and to obtain resident input. At a minimum, the meetings shall address project schedule, design (including unit interior, exterior, air conditioning and other building systems, materials, accessible units, common areas, Project Site and parking), Crime Prevention Through Environmental Design (CPTED), security systems, landscaping, amenities and features, construction, phasing, resident transfer to temporary and/or new units and expenses (to be paid by the Developer), services to be maintained during construction, property management, resident leases, HUD Section 3, job training and employment opportunities, services, programs, RAD requirements and any other pertinent issues. The Developer shall also provide residents with updates on the progress of the Project and shall establish a resident friendly website that includes developer company history, experience, proposed project plans, construction timing, unit and property amenities, relocation information, contact information, advertises training and employment opportunities and provides any other information needed to ensure residents are aware and provided an informative redevelopment and conversion experience.

n. Public housing residents at the Project Site shall have RAD resident rights, which include the guaranteed right to return and to occupy new RAD units without further rescreening once they are completed. The Developer shall use the existing number of public housing units as the minimum number of RAD units that will be replaced (one-for-one replacement is required). The Developer shall also assume that the replacement units will maintain the same bedroom distribution, as it currently exists at the Project Site, consistent with the County’s records (see chart below). When necessary to accommodate a resident household’s legitimate, documented need, as approved by HCD, the Developer shall provide a replacement unit with an increased bedroom count. Similarly, where a household’s lease-based household size is smaller than the bedroom count of the current unit, a smaller bedroom count replacement unit may be provided, as permitted under RAD requirements and as approved by HCD. Thel

o. The Developer shall ensure that the property management company and on-site management staff are formally trained in the administration and operation of Rental Assistance Demonstration (RAD) Project-Based Voucher (PBV) units. The Developer shall provide documentation evidencing completion of such training prior to lease-up and shall ensure ongoing compliance with all applicable HUD RAD PBV requirements throughout the term of the Project.

Development Name

Kline Nunn

8300 N Miami Ave

(24) 1-BR

1.15

Little River Terrace

(20) 2-BR

(40) 3-BR

(22) 4-BR

(16) 5-BR

Adjacent County-owned Vacant Lot

Little River Plaza

(41) 1-BR

p. Developer shall ensure that the development achieves the required Mixed-Income Development approach by considering and incorporating a combination of unit types, which may include public housing replacement units, affordable housing units, and other complementary uses, as necessary. The Developer shall determine the overall unit count consistent with applicable zoning, allowable unit counts, and density limitations for the Project Site, which may be subject to modification based on required regulatory approvals from applicable governing authorities.

q. Developer shall ensure that the design of the Project includes CPTED strategies by engaging a qualified CPTED design professional to inform the Project’s design. Additionally, the Developer shall meet with the applicable law enforcement and other stakeholders who can provide beneficial input for additional crime prevention initiatives.

r. On October 29, 2019, the Board adopted Resolution No. R-1176-19, establishing the Rental Assistance Demonstration (RAD) Education Program for public housing residents, resident councils, the Overall Tenant Advisory Council (the jurisdiction-wide resident council in Miami-Dade County), advocates, and the community at large. Among other directives, the Board required the construction of model units on the County’s public housing sites. Accordingly, the Developer shall construct a fully functional and furnished model unit, either on the Project Site or within one (1) mile of the Project Site. The model unit shall be constructed within ninety (90) days following completion of consultation with residents on design of the building and units. Due to zoning changes or other governmental requirements, HCD may extend the completion period for the model unit.

s. Developer shall provide all other services required to implement the redevelopment project in its entirety.

t. All Project designs shall be subject to modification in consultation with HCD, residents and community stakeholders.

u. The Developer shall work with the County, including HCD and the District Commissioner, to ensure that proposed designs and densities are acceptable to the surrounding communities.

2.4 Project Site

a. The Project Site is the Kline Nunn, Little River Terrace, Little River Plaza public housing development, and the adjacent County-owned Vacant Lot. The Project Site is currently occupied and consists of existing residential buildings that are intended to be redeveloped as part of the County’s RAD conversion and mixed-income redevelopment objectives.

b. The adjacent Vacant County-owned Lot has a restriction (amount to be disclosed by the County via addendum) which is required to be reimbursed by the selected Developer to the County before the land can be released for development.

c. The Developer shall comply with all applicable HUD, demolition and disposition requirements, including required approvals, sequencing, and timing. The Developer shall be responsible for demolishing the existing buildings, clearing the property, and preparing the Project Site for redevelopment in accordance with HUD requirements and all applicable federal, state, and local laws.

d. To facilitate timely completion of the Project and enhance other aspects of the Project, Developer may elect to include one or more privately owned sites over which they have site control, provided such site(s) are located within close proximity to the Project Site (generally, within one-quarter (1/4th) mile distance from the Project Site). A privately-owned site does not include a previously awarded RAD Project Site. If a privately-owned site(s) are part of the Project, references to the Project Site shall also include the privately-owned site(s).

2.5 Developer’s Key Tasks

The Developer shall perform the following key tasks:

a. Identify, secure, and obtain funding for the Project, for all phases of the development and operation, from any available funding sources as indicated herein and as otherwise determined by the Developer, including identifying and addressing any funding gaps.

b. Plan, design, expedite and obtain all approvals and permits, demolish, develop, construct, maintain, and operate the Project Site in accordance with the goals and requirements of this Project and the Agreement, and in compliance with all applicable Federal, State, and Local laws and regulations. Additionally, the Developer shall provide all services necessary to fully implement the RAD conversion and redevelopment of the Project in accordance with HUD requirements.

c. Transfer or relocate all affected public housing residents to the newly constructed RAD units at the Project Site upon completion, on a one-for-one replacement basis at the sole expense of the Developer. Residents may be transferred or relocated as part of a phased redevelopment approach to allow construction to occur while maintaining occupancy to the greatest extent possible. If a temporary transfer or relocation is required, including but not limited to the use of hotels or temporary housing units, all associated costs shall be borne solely by the Developer. These costs include any relocation assistance required under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended, and its implementing regulations. Any relocation plan must be developed in consultation with residents and is subject to approval by HCD.

d. Prevent unauthorized occupancy or use of vacated or newly constructed structures at the Project Site, in compliance with all applicable Federal and State laws. This shall include providing adequate security at the Project Site; demolishing existing structures in phases following the transfer or relocation of existing public housing residents; and clearing and grading the Project Site following demolition, as applicable.

e. Manage and operate the Project Site throughout all phases of the Project in a manner that promotes resident and community safety, including implementation of CPTED best practices, coordination with Resident Council, law enforcement, HCD, and other applicable agencies; and providing adequate staff for maintenance and operation.

f. Include a comprehensive development plan and a proposed conceptual Flood and Sea Level Rise Resilience Plan consistent with the requirements of the 22SRP43 A1 - Florida Department of Environmental Protection (FDEP) Resilient Matching Grant Attachment H and supporting the implementation of the LRAAAP for the resilient and sustainable development of the sites. The plan must:

· Address and incorporate resilient nature-based, green infrastructure and site improvements across all three housing sites, including both grey and green infrastructure as well as describe the building’s design elevation, location of critical and electrical equipment, drainage plans, and landscaping with consideration for future conditions (e.g., sea level rise, groundwater)

· Include specific improvements and strategies that create, develop, and implement project(s) that mitigate the risks of flooding and rise sea level, including resilient building improvements, enhanced drainage, heat mitigation measures, weatherization strategies, and the use of solar power.

· Demonstrate how proposed infrastructure systems incorporate new or enhanced buildings and stormwater drainage elements with green infrastructure installations that contribute to the area's increased stormwater management capacity, water quality improvements and include supplemental projects to adapt the sites, including the canal banks within the Little River watershed.

· As part of this plan, the Developer is responsible for the Local match in accordance with the FDEP Grant’s terms and conditions in an amount equal to the total FDEP Grant and shall fully fund such match without reliance on County funds.

Note: Proposers should not account for HCD providing Section 8 vouchers from its current pool to cover rent for relocated residents. Furthermore, Proposers are not to assume that the County will approve of a non-RAD Section 18 Demolition and Disposition strategy for some of the units, nor that it will approve of an allocation of non-RAD project-based Section 8 vouchers.

2.6 Deliverables

The Developer shall provide, in a timely manner, all plans, reports, information, pro formas, financial analysis, and other documentation required for the redevelopment and operation of the Project Site, as required. All financial models and analyses shall be provided in accessible Excel file format with unlocked cells along with any supporting documents, or any resource required for the redevelopment and operation of the proposed Project Site and/or as required by HCD. Refer to the Lease and Development Agreement for additional requirements pertaining to deliverables.

2.7 Projected Development Schedule

The Developer shall comply with the development schedule approved by the County for the Project that establishes and governs all major milestones of development including: negotiations, site plan approval, re-zoning (if applicable), design and construction documents, building permit approvals, HUD approvals, financial closing, temporary and/or final resident transfer or relocation, construction, marketing and lease-up.

The development schedule, including milestone deadlines and any applicable remedies or consequence for failure to meet required milestones, such as liquidated damages, will be incorporated into the Lease and Development Agreement. The Developer shall manage and coordinate all activities necessary to achieve timely completion of each phase of the Project in accordance with the approved schedule. The Developer shall promptly notify the County of any circumstances that may materially affect the Project schedule and shall take commercially reasonable actions to mitigate delays and maintain compliance with the approved schedule.

2.8 Design and Development Guidelines

a. The Developer shall design and develop the Project in compliance with all applicable Federal, State, and County laws, ordinances, codes, regulations, and requirements, including, but not limited to, the Florida Building Code, Miami-Dade County Code, zoning and land development regulations, the requirements of the Lease and Development Agreement.

b. The Project shall comply with the County’s Sustainable Buildings Program as set forth in Chapter 9 of the Code of Miami-Dade County, Sections 9-71 through 9-75, and Miami-Dade County Implementing Order No. IO 8-8.

c. The Project shall be designed to be visually appealing, welcoming, and compatible with the entire community. The Project design shall avoid features that are offensive, include elements that can be determined to be obscene, annoying, degrading, distasteful, hideous, unpleasant, or hateful. The architectural design features must be a priority and include a focus on the following which shall include, but not be limited to: 1) pedestrian safety, sufficient lighting and available open space; 2) clear and distinct pedestrian and vehicular entrances and egress; 3) residential unit arrangements that are protected from surrounding traffic noise and lights; and 4) architectural creativity that enhances the neighborhood.

d. Pursuant to Section 504 of the Rehabilitation Act of 1973 related to the UFAS requirements, minimum features and amenities are required to be incorporated in the development. Not less than five percent (5%) of all housing units, shall comply with UFAS for the Project Site. In addition, not less than two percent (2%) of the housing units, shall comply with hearing and sight impaired UFAS requirements. UFAS units shall not be concentrated in any one area or phase of the Project but shall be spread evenly throughout the Project.

The County reserves the right to require modification of design elements and of any element of the proposed Project. Such modifications can be to the façade, shape, and/or the interior space of any building included in the Project, as well as any community features/amenities. Modifications to designs will be done in collaboration with HCD, and the County reserves the right to not approve modifications. All final designs shall require HCD approval.

2.9 Environmental

a. The Developer shall cooperate with the County in obtaining all required HUD Environmental Clearances for the Project pursuant to 24 CFR parts 50 or 58, as applicable.

b. The Developer shall perform all environmental due diligence, including conducting environmental site analysis and obtaining Environmental Site Assessment (ESA) reports where such reports were not provided by the County. The Developer shall bear all costs associated with any environmental assessments/testing, and source removal, as required by Miami-Dade County Regulatory and Economic Resources (RER) / Department of Environmental Management (DERM). The Developer shall submit all ESA reports and related environmental documentation prepared by the Developer to DERM for review and shall provide such documentation to HUD, as required, to support environmental clearance and Project approval.

c. Sea Level Rise and Heat Resilience In accordance with Resolution R-451-14, the Developer shall be required to consider sea level rise projections and potential impacts as best estimated at the time of the Projects, using regionally consistent unified sea level rise projections and sea level rise data mapping websites, during all project phases including but not limited to planning, design, and construction, to ensure that the Projects will function properly for fifty (50) years or the design life of the projects, whichever is greater.

The Developer shall incorporate recommendations of the Flood and Sea Level Rise Resilience Plan across the comprehensive development, site and landscape plans utilizing a recently awarded FDEP $15 Million Resilient Matching Grant. The infrastructure improvements needed by the three housing sites shall create and develop projects that mitigate the risks of flooding and sea level rise including resilient building improvements, drainage, green infrastructure and incorporates new or enhanced buildings and stormwater drainage elements with green infrastructure installations that contribute to increased stormwater management capacity of the area and include supplemental projects to adapting the canal banks within the Little River watershed.

The Developer shall provide a comprehensive landscape plan for all open spaces that meets or exceeds the minimum standards described in the Miami-Dade County Landscaping Ordinance Chapters 18A and 18B and aligns with the Landscape Manual, while also complying with any municipal landscape code requirements, in a way that reduces building energy use intensity, aids onsite stormwater management, improves water quality and expands existing tree canopy to increase community resilience to extreme heat while also enhancing overall appearance. In accordance with CDMP Policy LU-8I, the Developer is encouraged to incorporate additional heat mitigation elements into the project including porous pavements, cool roofs, and high albedo surfaces. The Proposer will be required to consult with all appropriate County departments and plans will need to be in accordance with Miami-Dade County Implementing Order IO 8-8 and approved by Miami Dade HCD Department.

2.10 Budget/Funding

a. The Developer shall not assume County funding sources will be available as a source of Project financing as such funding may not be available. The Developer shall pursue and identify all other available funding sources as part of its financing approach. However, the County reserves the right to make available County funding which may be considered as gap financing, as appropriate.

b. The Developer shall rely on HUD RAD program and as required, a Mixed-Income and Mixed Finance approach to development. This approach is authorized by the federal regulations governing the County’s housing programs, including public housing.

c. The Developer shall comply with all RAD requirements and any conditions associated with funding sourcing ultimately utilized for the Project.

d. Developer’s Fees for mixed-financed and/or RAD projects are subject to Cost Control and Safe Harbor Standards (Safe Harbor) limitations for all cost categories, including, but not limited to, Developer overhead, Developer fees, contractor fees, consultant fees, and similar development-related costs. HUD requires that Developer’s Fees in excess of the nine percent (9%) or less of the project costs limit per Safe Harbor be justified by meeting the criteria stated under Safe Harbor. Additionally, a Developer’s Fee in excess of twelve percent (12%) of total Project costs will only be allowed if: 1) Such fee is allowed by the Florida Housing Finance Corporation, if funding is awarded by said agency; and 2) with significant justification from the Developer demonstrating the increased risk. Under no circumstances will the County reimburse the Developer for costs incurred on the development prior to an executed written agreement and loan closing with recorded documents in effect. Developer’s Fees shall be limited pursuant to Miami-Dade County Resolution No. R-219-18, as applicable.

2.11 Land Ownership, Land Use and Property Management

The County shall retain fee ownership of the Project Site. The Project Site will be leased to the Developer under the Lease and Development Agreement. Management agreements and processes for the completed Project will be subject to review, approval, and oversight by HCD. Any homeownership components will need to consider the County’s fee ownership of the land. The County will also require a Right of First Refusal and Purchase Option be negotiated as part of an agreement to award a site to a Developer.

2.12 Payments to the County

The Developer shall pay to the County for the use of the Project Site, for the County’s participation in the development process, and for the value of the land and RAD subsidies as components of the Project, through commitments to provide the County with portions of different revenue and income streams, including revenue streams resulting from the portions of the Project built on any privately-owned site, as applicable.

Note: In the event that the Developer conveys a privately-owned site(s) to the County at no cost to the County, it is understood that such conveyance may result in lower proposed revenue and income streams to account for the value of the site(s) being conveyed to the County and such conveyance shall be valued on a fair market basis in accordance with the existing land use and zoning entitlements of the privately-owned site.

The forms of financial participation for the County are noted below and further defined in the Lease and Development Agreement.

1) Lump Sum Ground Lease Payments The Developer shall pay to the County the a Lump Sum Ground Lease Payment (capitalized lease payment per unit) for the use of the Project Site. Such Lump Sum Ground Lease Payment shall be received by the County from the selected Developer at Financial Closing.

2) Share of Revenues/ Net Cash Flow After stabilization period (defined as approximately one year after issuance of Certificate of Occupancy) and through the termination date of the Lease and Development Agreement, the Developer shall pay to the County a share of revenues/ net cash flow in accordance with the Lease and Development Agreement. This shall apply to revenues from all components of the Project, including the non-RAD, Workforce, LIHTC, and Market Rate Units. No payments under these provisions shall be considered payments due on any lessor promissory notes, purchase money mortgages, or other liens, where the lender, mortgagee or lien holder is the County. Payments made pursuant to any of these obligations shall not be used as credit against any revenue due to the County (e.g., developer fees, rent, etc.) under the Lease and Development Agreement. Lessor’s promissory note/purchase money mortgage will be made only at the discretion of the lessor (i.e., the County) and shall not be assumed to be part of the Developer’s financial proforma or capital stack/sources and use projection.

3) Percentage of Developer Fees The Developer shall pay to the County a percentage of developer fees at a minimum of thirty percent (30%) of developer fees in accordance with the Lease and Development Agreement. Developer fees shall be in accordance with Safe Harbor Standards.

4) Residual Participation The Developer shall pay to the County a share of net proceeds from all capital events, including but not limited to refinance, re‑syndication, cash‑out transactions, or sale of any portion of the Project (“Residual Participation”). Such payments shall be made to the County upon the occurrence of each applicable capital event in accordance with the Lease and Development Agreement.

5) Other Proposed Payments The Developer will pay any proposed additional revenue and income streams payable to the County in connection with the proposed Project, including, but not limited to, annual asset management fees, annual phase rent payments, stabilization fees, participation in cash flow, or other recurring or one-time payments.

2.13 General Contractor and Bonding Requirements

In addition to services required for architectural/engineering, financial, legal, property management, transfer/relocation, zoning and any other required services to fully implement the required redevelopment, the Developer, subject to HCD and HUD approval, shall procure a general contractor that has the experience, bonding and Insurance capacity to build the Project. The procurement of general contractor shall be in accordance with Local Bids and Contracts for Public Works 255.20, Florida Statutes, Bond of Contractor Constructing Public Buildings 255.05, Florida Statutes or an identity of interest waiver must be submitted when the contractor is affiliated with Developer.

The Developer shall provide the County with Payment and Performance Bonds, as detailed in the Lease and Development Agreement.

2.14 Real Property Taxes and Charges

As County-owned property, the Project Site is currently not subject to real estate taxes, except to the extent the Project Site consists of privately-owned real estate property. However, such tax exemption may not be available during or after completion of any development project by the Developer. It is the responsibility of the Developer, in conjunction with its legal counsel, to determine any and all tax consequences which may arise due to the Developer developing the Project. The County makes no representations or warranties as to the continued availability of any exemption or tax benefit, or to the Developer receiving any such exemption or benefit.

2.15 Safety Standards and Regulations

The Developer shall comply with the Occupational Safety and Health Administration (OSHA) requirements, Federal, State and County regulations, and County safety procedures, as further detailed in the Lease and Development Agreement.