Backup Documents 04/26/2016 Item #16D14 (Settlement Agreement) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 160 1 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorn y Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP k W6A
S
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre4 complete with the
exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAB 4/26/16
4. BCC Office Board of County b
Commissioners V�/5/ 514 k l
5. Minutes and Records Clerk of Court's Office T
3(14('( 31
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Kim Grant,C munity and Human 252-6287
Contact/Department Services
Agenda Date Item was 4/26/16 Agenda Item Number 16-D-14 f
Approved by the BCC
Type of Document Settlement Agreement-Bristol Pines Number of Original One
Attached - Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatur Stamp OK JAB
2. Does the document need to be sent to another agency for additiofiatsigtatares? If yes, JAB
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAB
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAB
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 4/28/16 and all changes made during the JAB
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the -UM-3 .
BCC,all changes directed by the BCC have been made,and the document is ready for e
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16014.
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
+h
entered into and made on this oe(0 day of , 2016, by and between BRISTOL
PINES, LLC (hereinafter referred to as "Developer") and Collier County (hereinafter referred to
as the"County").
WITNESSETH:
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 163.3161 Fla. Stat., et, seq. (the Florida Local Government Comprehensive Planning and
Land Development Regulation Act) has enacted Ordinance 90-89, entitled the Collier County
Affordable Housing Density Bonus Ordinance (the"Ordinance"); and
WHEREAS, purpose and intent of the Ordinance is to assist in providing very low, low,
and moderate income housing through the use of density bonuses which allow an increase in the
number of residential dwelling units per acre allowed on property proposed for development,
thereby decreasing the per unit cost of land and development; and
WHEREAS, the Ordinance establishes an Affordable Housing Density Bonus Program
that provides the process by which a developer may apply for a density bonus and implements
this program by requiring that an affordable housing density bonus shall only be available to a
developer through an affordable housing density bonus agreement between the developer and
County; and
WHEREAS, the County and Waterways Joint Venture IV, a Florida general partnership,
by and through its general partner, Waterways Development, Inc., entered into that certain
agreement entitled "Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property" attached hereto as Exhibit "A" and hereafter, the
"Density Bonus Agreement");and
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INSTR 5262057 OR 5269 PG 3454
RECORDED 5/5/2016 3:28 PM PAGES 29
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$248.00
160 1 4
WHEREAS, the Density Bonus Agreement applies to a 42.6 acre site legally described
in the Density Bonus Agreement upon which was planned to be constructed as a multifamily
housing project in two Phases with a maximum number of 292 residential units,known as Bristol
Pines, Planned Unit Development Ordinance No. 05-64, (hereinafter the "Project"), with 29
affordable housing units required to be constructed, representing 10 percent of the total number
of residential Units in the Project and within each phase; and
WHEREAS, on Phase I of the Property 156 residential units were constructed with 10
affordable units approved by the County resulting in a shortfall of 6 affordable units;and
WHEREAS, on September 13, 2013, Developer acquired title to Phase II of the Project
and intends to construct 136 residential units and assume all of the rights and responsibilities set
forth in the Density Bonus Agreement; and
WHEREAS, a controversy exists between Developer and County over whether the
County may require that the short-fall of 6 affordable housing units in Phase I be constructed
within Phase II in addition to those 13 affordable housing units required under the terms of the
Density Bonus Agreement; and
WHEREAS, Developer has requested a waiver from the Code of Laws and Ordinances
Section 74-401 (a)(2), that requires that an application for impact deferral for affordable housing
units be submitted prior to receiving a building permit; and
WHEREAS, Developer and the County, without either party admitting any liability or
fault, desires to settle the controversy and any and all disputes that arise from, relate or refer in
any way, whether directly or indirectly,known or unknown; and
WHEREAS, Developer and the County desire to reduce the settlement to a writing so
that it shall be binding upon both parties' respective owners, principals, elected officials,
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officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns,heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound, Developer and
the County agree as follows:
1. Developer and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses",by reference into this Agreement.
2. Developer must construct 16 affordable housing units within Phase II of the
Project.
3. The County waives the requirement of Code of Laws and Ordinances Section 74-
401 (a)(2) related to timing of application submittal and agrees to accept and process impact fee
deferral applications for 14 affordable housing units within Phase II. If sufficient funding exists,
the County further agrees that it will accept and process impact fee deferrals for the remaining 2
affordable housing units for a maximum total of 16 affordable housing units. Impact fees paid
for issuance of a Certificate of Adequate Public Facilities and approval of a Site Development
Plan are non-refundable and will not be refunded but applied as a credit to Developer in
accordance with Section 74-302(h)of the Code of Laws and Ordinances.
4. Developer agrees as follows: (a)perform all obligations and liabilities in accordance
with the terms of the Density Bonus Agreement, whether now or hereafter existing, fixed or
contingent; and (b) to be bound by and comply with all covenants, agreements, conditions,
restrictions and limitations pursuant to the Density Bonus Agreement, and including the
representations and warranties set forth in the Density Bonus Agreement, including, without
limitation,the restrictions concerning the operation of the Project and the transferring of multifamily
units therein. The Developer hereby assumes all liabilities and other obligations of the Density
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Bonus Agreement and Bristol Pines, Planned Unit Development Ordinance No. 05-64, as it may
be amended or otherwise modified, except with respect to the number of affordable housing unit
as discussed in Paragraph 2 above, and agrees to comply with and be bound by all the covenants,
agreements, conditions, representations, warranties, restrictions and limitations contained in, the
Density Bonus Agreement. County agrees that the location and size of affordable units which have
been constructed in Phase II meet the requirements of the Density Bonus Agreement.
5. In consideration of the resolution of the controversy, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, Developer,
on behalf its attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby
expressly releases and forever discharges the County, as well as its elected officials, officers,
employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and
affiliates from any and all claims, demands, causes of actions, damages, costs, liens, attorney's
fees, expenses and obligations of any kind or nature whatsoever that it has asserted related to the
Density Bonus Agreement.
6. Notwithstanding anything that may be to the contrary in this Settlement
Agreement, Developer and the County agree that either of them (as well as any other persons or
entities intended to be bound) shall, in the event of any breach, retain the right to enforce the
terms and conditions of this Settlement Agreement.
7. Developer and the County acknowledge and agree that this Settlement Agreement
is intended to and shall be binding upon their respective owners, principals, officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns,
spouses, heirs,and affiliates.
8. Developer and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims and nothing in this Agreement shall be
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construed to be an admission of any kind, whether of fault, liability, or of a particular policy or
procedure,on the part of either Developer or the County.
9. Developer and the County acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
10. This Agreement may be amended only by a written instrument specifically
referring to this Agreement and executed with the same formalities as this Agreement.
11. In the event of an alleged breach of this Agreement, Developer and the County
agree that all underlying causes of action or claims of Developer have been extinguished by this
Agreement and that the sole remedy for breach of this Agreement shall be for specific
performance of its terms and conditions or any damages arising from the breach. In this regard,
Developer and the County further agree that the sole venue for any such action shall be in the
Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida.
12. This Agreement shall be governed by the laws of the State of Florida.
13. Developer shall be solely responsible for the cost of recording of this Settlement
Agreement.
IN WITNESS WHEREOF, Developer, and the County have signed and sealed this
Agreement and Release as set forth below.
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AS TO COUNTY:
ATTES"i', "'. 1, ;
DWIGHT E. BROCK;..Clerk BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
e
B 1iaiT
.--43\Att I,
Attest Atte:Cha_iri an De`out DONNA FIALA, Chairman
ignature only.
Approved as to form and 1- .ality:
�c 1 ' ..�.__._.._�
Jennifer B 1pedio \C
Assistant County Atto c25('"
a
AS TO DEVELOPER:
Bristol Pines,I,LC.s,a Florida limited liability company
By:Jeffrey E.Sobel Revocable Li g Trust UAD July 24, 1998,as amended
Its:Managing Mg, ser .....)
(By:
effrey E.Sobel,Trustee /'
STATE OF FLORIDA
COUNTY OF Palm Beach
Sworn to (or affirmed) and subscribed before me this day of April , 2016,
by Jeffrey E. Sobel , who is (x ) personally known to me or ( )
produced as identification. /
2 ¶ .
� .—r `
M; ► _ !'Public- S ee of Florida)
Lourdes Lopez
(Print, Type, or Stamp
:,,unFs eaPEz Commissioned Name of Notary Public)
A.,, .1 : Notary P,olic Sialy of Honda
My Comrn Expires Nov 29,2016
, '"* ,, Commission # EE 850247 Commissioner Expires 11/29/16
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EXHIBIT
Prepared by:
Patrick G.Whit
Asst.Collier County Att'y.
3301 Tamiami Trial East
Naples,FL 34112
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the day of , 2005, by and
between Waterways Joint Venture IV, p Florida general partnership(the "Developer")and
the Collier County Board of County Commissioners (the "Commission"), collectively, the
"Parties."
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein(The"Property"). It is the Developers intent to construct a
maximum of two hundred ninety two (292) residential units (the "Units") at a density of
6.85 units per gross acre on the Property. The gross acreage of Property is 42.6 acres.
The number of affordable Units constructed by Developer shall be 22, representing 10
percent of the total number of residential Units in the development.
B. In order to construct the Units,the Developer must obtain a density bonus from
the Commission for the Property as provided for in the Collier County Affordable Housing
Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land
Development Code (LDC)§ 2.06.00 et seq., which density bonus can only be granted by
the Commission and utilized by the Developer in accordance with the strict limitations and
applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of one hundred twenty one (121)bonus Units on the Property,
if the Developer agrees to construct affordable Units as specified in this Agreement.
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Rev 7/8/2005
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NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 2.85 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission hereby
covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. The Developer hereby agrees that it shall construct
thirty (301 affordable Units which Units shall be sold in accordance with the terms and
conditions of this Agreement and as specified by the attached Appendices A& B, Exhibits
A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and
which constitute a part of this Agreement.
a. The following provisions shall be applicable to the affordable Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when
applying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision master plan or site development plan; or (b) in developments where phased
construction is not depicted on a PUD master plan, subdivision master plan or site
development plan, the construction of buildings or structures in a clearly defined series of
starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income of
the area as defined by the U.S. Department of Housing and Urban Development (HUD)
shall be the then current median income for the Naples Metropolitan Statistical Area,
established periodically by HUD and published in the Federal Register, as adjusted for
family size as shown on the tables attached hereto as Appendix A,Exhibit C,which Exhibit
shall be adjusted from time to time in accordance with any adjustments that are authorized •
by HUD or any successor agency. In the event that HUD ceases to publish an established
median income as aforesaid, the Parties hereto shall mutually agree to another
reasonable and comparable method of computing adjustments in median income.
(3) Eliaibllity and Qualification of Owner. Family Income eligibility is a three-
step process: 1) submittal of an application by a prospective Owner; 2) verification of
family housing unit provided under the affordable housing density bonus program prior to
being qualified at the appropriate level of Income (moderate Income) in accordance with
this Section; 3)certification of eligible Owner by the Financial Administration and Housing
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Department.
The Developer shall be responsible for qualifying Owners by accepting applications,
verifying income and obtaining income certification for all affordable units in the subject
development. All applications,forms and other documentation required by this Agreement
shall be provided to the Financial Administration and Housing Department.Qualification by
the Developer of any persons as an eligible Owner family shall be subject to review and
approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05
and 2.06.06, respectively.
(a) Application. A potential owner shall apply to the developer,owner, manager,
or agent to qualify as a low income family for the purpose of owning and occupying an
affordable housing unit pursuant to the affordable housing density bonus program. The
Preliminary Application for Affordable Housing Unit shall be provided by the Financial
Administration and Housing Department as shown in Appendix B, Exhibit A, attached to
this Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No affordable housing Unit in the
development shall be sold whose household income has not been verified and certified in
accordance with this Agreement and LDC§2.06.05.
(c) Income Verification. The Developer shall obtain written verification from the
potential occupant (including the entire household)to verify all regular sources of income
(including the entire household). The most recent year's federal income tax return for the
potential occupants (including the entire household) may be used for the purpose of
income verification, attached to the Affordable Housing Applicant Income Verification form,
including a statement to release information, occupant verification of the return, and a
signature block with the date of application. The verification shall be valid for up to one
hundred eighty(180)days prior to occupancy. Upon expiration of the 180 day period,the
information may be verbally updated from the original sources for an additional 30 days,
provided it has been documented by the person preparing the original verification. After
this time, a new verification form must be completed. The Affordable Housing Applicant
Income Verification form shall be provided by the Financial Administration and Housing
Department as shown in Appendix B, Exhibit B, attached to this Agreement and
incorporated by reference herein.
(d) Income Certification, Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an Income certification form be executed by the potential
occupant(including the entire household)prior to occupancy of the affordable housing unit
by the occupant. Income certification shall assure that the potential occupant has an
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appropriate household income which qualifies the potential occupant as an eligible family
to occupy an affordable housing unit under the affordable housing density bonus program.
The Affordable Housing Applicant Income Certification form shall be provided by the
Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is
attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by
the Financial Administration and Housing Department upon reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
Financial Administration and Housing Department an annual progress and monitoring
report regarding the delivery of affordable housing units throughout the period of their
construction and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with LDC §
2.06.00, or subsequent amendments thereto. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the
Financial Administration and Housing Department. Failure to complete and submit the
monitoring report to the Financial Administration and Housing Department within sixty(60)
days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day
unless a written extension not to exceed thirty(30)days is requested prior to expiration of
the sixty(60)day submission deadline. No more than one such extension may be granted
in a single year.
(5) Occupancy Restrictions, No Affordable Unit in any building or structure on
the Property shall be occupied by the Developer, any person related to or affiliated with
the Developer,or by a resident manager.
3. Density Bonus, The Commission hereby acknowledges that the Developer
has met all required conditions to qualify for a density bonus, in addition to the base
residential density of four(4) units per acre, and is therefore granted a density bonus of
2.85 density bonus units per acre,for a total density(total =density bonus units per acre X •
gross acreage) of 6.85 units/ac, pursuant to LDC § 2.06.00 The Commission further
agrees that the Developer may construct thereon, In the aggregate a maximum number of
two hundred ninety two (292) units on the Property provided the Developer is able to
secure building permit(s)from Collier County.
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4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successors)covenants and agrees to prepare and make available to the Developer any
general information that it possesses regarding income limitations and restrictions which
are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and LDC§2.06.00
to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under
the affordable housing density bonus program except as specifically permitted by the
terms of this Agreement: or to knowingly give false or misleading information with respect
to any information required or requested by the Financial Administration and Housing
Department or by any other persons pursuant to the authority which is delegated to them
by LDC §2.06.00 Collier County or its designee shall have full power to enforce the terms
of this Agreement. The method of enforcement for a breach or violation of this Agreement
shall be at the option of the Commission by criminal enforcement pursuant to the
provisions of Section 125.69, Florida Statutes,or by civil enforcement as allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement or of LDC§ 2.06.00,
that should be enforced before the Code Enforcement Board, then a Notice of Violation
shall be issued and sent by the appropriate department by certified return-receipt
requested U.S. Mall, or hand-delivery to the person or developer in violation. The Notice
of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as
amended, at the option of the Commission, building permits or certificates of occupancy,
as applicable, may be withheld for any future planned or otherwise approved unit located
or to be located upon the Property until the entire project is in full compliance with this
Agreement and with LDC§2.06.00,as amended.
6. Asslonment by Commission, The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Property provided that It gives the Developer thirty (30) days advance written notice
thereof. The Developer may not assign, delegate or otherwise transfer all or part of its
duties, obligations, or promises under this Agreement to any successor In interest to the
Property without the express written consent of the Commission, which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor in Interest to the Property without the
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express written consent of the Commission as required by this Section shall be void ab
initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision, and all other
provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail, postage
prepaid,to the Parties at the following addresses:
To the Commission: , Collier County Financial Administration and
Housing Department
2800 North Horseshoe Drive
Naples,Florida 34104
To the Developer: Waterways Joint Venture IV
914 Grand Rapids Boulevard
Naples,FL 34120
Attention:Richard Davenport
With copy to: Richard D.Yovanovich, Esquire
Goodlette,Coleman&Johnson, P.A.
4001 North Tamiami Trail, Suite 300
Naples, FL 34103
Any Party may change the address to which notices are to be sent by notifying the other
Party of such new address in the manner set forth above.
9. Authority to Monitor.The Parties hereto acknowledge that the Collier County
Financial Administration and Housing Department or its designee, shall have the authority
to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and
hold Collier County and its officers,employees,and agents harmless from and against any
and all claims, penalties, damages, losses and expenses, professional fees, including,
without limitation, reasonable attorney's fees and all costs of litigation and judgments
arising out of any claim,willful misconduct or negligent act, error or omission, or liability of
any kind made by Developer, its agents or employees, arising out of or incidental to the
performance of this Agreement.
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11. Covenants. The Developer agrees that all of its obligations hereunder shall
constitute covenants, restrictions, and conditions which shall run with the land and shall be
binding upon the Property and against every person then having any ownership interest at
any time and from time to time until this Agreement is terminated in accordance with
Section 14 below. However, the Parties agree that if Developer transfers or conveys the
Property to another person or entity, Developer shall have no further obligation hereunder
and any person seeking to enforce the terms hereof shall look solely to Developer's
successor in interest for the performance of said obligations.
12. Recording. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Agreement. The Parties hereto agree that this Agreement constitutes
the entire Agreement between the Parties hereto and shall inure to and be binding upon
their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain and
be maintained as the required affordable housing as provided in the LDC§2.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall discriminate
against any owner or potential owner because of said owners race, color, religion, sex,
national origin,familial status,or handicap.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner
and shall make available any relevant information to any person who is interested in
purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it Is liable in the purchase and sale of affordable
units.
d. The affordable housing units shall be intermixed with, and not
segregated from,the market rate dwelling units in the development.
e. The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same for market
rate units and affordable units. For developments where construction takes place in more
than one phase, all physical amenities as described in Item number seven (7) of the
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Developer Application for Affordable Housing Density Bonus shall be the same in both the
market rate units and the affordable units in each phase. Units in a subsequent phase
may contain different amenities than units in a previous phase so long as the amenities for
market rate units and affordable units are the same within each phase and provided that in
no event may a market rate unit or affordable unit in any phase contain physical amenities
less than those described in the Developer Application.
17. Phasing.The percentage of affordable housing units to which the Developer
has committed for the total development shall be maintained in each phase and shall be
constructed as part of each phase of the development on the Property. Developer
commits to 10 percent affordable housing units for this project,with IQ percent of the units
in each phase as built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable housing unit or units, which units in
the development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development shall be consistent
with the Growth Management Plan and land development regulations of Collier County
that are in effect at the time of development. Subsequently adopted laws and policies shall
apply to this Agreement and to the development to the extent that they are not in conflict
with the number, type of affordable housing units and the amount of affordable housing
density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla.Stat.,as amended.
21. Preapplication. Developer has executed and submitted to the Development
Services Department the Developer Application for Affordable Housing Density Bonus, a
copy of which is attached to this Agreement as Appendix C and incorporated by reference
herein.
22. Governing Law, This Agreement shall be governed by and construed in •
accordance with the laws of the State of Florida.
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23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document requested
by the Developer to exhibit that this Agreement has terminated in accordance with the
provisions of paragraph 14 above.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA
Deputy Clerk By: FRED W.COYLE,CHAIRMAN
Approved as to form and legal sufficiency:
I
Patrick G.White
Assistant County Attorney
Pogo 9 of 22 I",
16014
DEVELOPER:
WATERWAYS JOINT VENTURE IV,
A Florida general partnership
By: Waterways at Hibiscus, Ltd.,
a Florida limited partnership
its general partner
Witnesses: •
1 1�
By: Waterways Development, Inc.
a Florida corporation
Witnessits General Partner
Printed Name ).`r;f
" toeia `fl 46wt.curie_ By: ,� ''
Witness , Richard Davenport, President
Printed Name Me CISSA 1.M`Fa✓Iann
STATE OF FLORIDA )
COUNTY OF COLLIER )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by Richard
Davenport as President of Waterways Development, Inc. general partner of Waterways at
Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is personally known to
me or has produced as identification.
WITNESS my hand and official seal this a-) day of ,)0...11-x— , 2005.
ttp-ka KEG
Notary Public
My Commission Expires:
srEPtWA 1E IEENEY
•%, MY COMMISSION1002E3174
• EXP
j.1 IRES January 21.2005
;,.r 9aW.d 7luu WINN RI*UtlwiEM
Page 10 of 22
16014
EXHIBIT A
BRISTOL PINES
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48
SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND
DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY.
TOGETHER WITH:
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS tHE WEST 100 FEET THEREOF FOR CANAL
BORROW AND DRAINAGE.
TOGETHER WITH:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL
BORROW AND DRAINAGE.
TOGETHER WITH:
THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST
1/4,OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,
FLORIDA, EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET
THEREOF FOR ROAD RIGHT OF WAY.
TOGETHER WITH:
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,
TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,LESS THE
EAST 30 FEET THEREOF.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 35,TOWNSHIP 48
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35,
N.89°58'25"E. FOR 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST
LINE OF A 100 FOOT WIDE CANAL EASEMENT,RECORDED IN OFFICIAL RECORDS
BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT,S.02°14'59"E. FOR
30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30.00
FOOT WIDE ROAD RIGHT-OF-WAY,RECORDED IN OFFICIAL RECORDS BOOK
2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,SAID
INTERSECTION ALSO BEING THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY,ALSO BEING
PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID
NORTHWEST 1/4 N.89°58'25"E, FOR 1552.22 FEET TO A POINT OF INTERSECTION
WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35;
Page 11 of 22
16014
THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,S.02°15'20"E.FOR 639.40 FEET TO
THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 35;
THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 N.89°59'05"E.FOR 330.76 FEET TO THE PLATTED
SOUTHWEST CORNER OF GREEN HERON ACRES,AS RECORDED IN PLAT BOOK
22,PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES
N.89'58'27"E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT
WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35;
THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT
OFFSET LINE S.02°14`19"E. FOR 669.28 FEET TO A PLATTED CORNER OF
VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42
THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE ALONG A PLATTED LINE OF SAID VANDERBILT COUNTRY CLUB 2,
S.89°58'02"W.FOR 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT
COUNTRY CLUB 2;
THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02°14'43"W. FOR 669.46
FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF
THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID
SECTION 35;
THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF
THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S.89°57'59"W.
FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF A
100 FOOT WIDE CANAL EASEMENT;
THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT
N.02°14'59"W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED.
CONTAINING 1,856,282 SQUARE FEET OR 42.6 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35,TOWNSHIP 48
SOUTH,RANGE 26 EAST,AS BEING N.89°58'25"E.
Page 12 of 22 i
16014 ,
APPENDIX A.EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
LOW INCOME
(60%MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom 29
4 Bedroom
TOTAL 29'
VERY LOW INCOME
(50%MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY-VERY LOW INCOME
(25%-50%MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(1) Base residential density allowed in this development units/acre.
(2) Gross acreage 42,¢.
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 2.85 units.
(4)Gross residential density of this development(including affordable housing density
bonus units) 6.85 units/acre.
(5)Percentage of affordable units pledged by the developer(as a percent of the total number
units in the development)J.Q%.
Page 13 of 22
lei
16011!
APPENDIX A,EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for
and the tables with which to calculate the density bonus for a particular project. Exhibit C contains
the current median income and acceptable rents for low and very low income households in Collier
County.
The affordable housing density bonus rating system shall be used to determine the amount of
the affordable housing density bonus which may be granted for a development based on household
income level, number of bedrooms per affordable housing unit, type of affordable housing units
(owner-occupied or rental,single-family or multi-family)and percentage of affordable housing units
in the development. To use the affordable housing density bonus rating system, Tables A and B,
below,shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis
by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or very low) of the affordable
housing unit(s) proposed in the development, and the type of affordable housing units
(owner-occupied or rental,single-family or multi-family,where applicable)to be provided,as shown
in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the
affordable housing unit(s). An affordable housing density bonus rating based on the household
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A,locate it in
Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
determination,Table B will indicate the maximum number of residential dwelling units per gross acre
that may be added to the base density. These additional residential dwelling units per gross acre are
the maximum affordable housing density bonus (AHDB) available to that development.
Developments with percentages of affordable housing units which fall in between the percentages
shown on Table B shall receive an affordable housing density bonus equal the lower of the two
percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional
percentage of affordable housing rental units in the development. For example,a development which
has 24% of its total residential dwelling units as affordable housing units, and which has an
affordable housing density bonus rating of"four" will receive an affordable housing density bonus
(AHDB)of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit(based on level of income and number
of bedrooms shown in Table A)is proposed for a development,the affordable housing density bonus
for each type shall be calculated separately in Table B. After the affordable housing density bonus
calculations for each type of affordable housing unit have been completed in Table B,the affordable
housing density bonus for each type of unit shall be added to those for the other type(s)to determine
the maximum affordable housing density bonus available for the development. In no event shall the
affordable housing density bonus exceed eight(8)dwelling units per gross acre.
Page 14 of 22 rt{
I I
160 14
APPENDIX A,EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A:AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL NUMBER OF BEDROOMS/UNIT
OF HOUSEHOLD
INCOME EFFICIENCY 2 3 OR
AND I _ MORE
80%MI=MODERATE(OWNER-OCCUPIED, 0 1* 1•
SINGLE-FAMILY)
60%MI=LOW(OWNER-OCCUPIED OR RENTAL 2 3 4
SINGLE-FAMILY OR MULTI-
FAMILY)
50%MI=VERY LOW(OWNER OCCUPIED OR
RENTAL,SINGLE-FAMILY OR
MULTI-FAMILY) 3 4 5
*For cluster housing developments in the Urban Coastal Fringe,add 1 density bonus to obtain 2.
TABLE B:AFFORDABLE HOUSING DENSITY BONUS
(ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING %OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10% 20% 30°/Q 026
1 0 0 1 2
2 0 1 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Page 15 of 22 i;v'
16 0 1 4
APPENDIX A.EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74,Section 74-402(ax 1);Collier County Code of Laws and Ordinances,
moderate income is 61%to 80%of the median income,low income is 51%to 60%of the median
income and very low income is less than 50%of the median income.
MEDIAN INCOME 2005
$63,300 Naples,MSA(Collier County)
NUMBER OF MEMBERS IN FAMILY
1 2 4 ¢ 7_ 8_
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260
50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050
35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235
25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation(FHFC)calculates rents to use in the State Apartment
Incentive Loan(SAIL)and the Low-Income Rental Housing Tax Credit(LIHTC)programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's
Section 8 Rental Assistance Program which is administered by the Collier County Housing
Authority.
HOUSING COSTS BASED ON 30%FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
80% $1,046 $1,256 $1,451 $1,618
60% $785 $942 $1,089 $1,215
^50% $654 $785 $907 $1,012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
UTILITY ALLOWANCES
ONE B/R TWO B/R THREE BIR FOUR B/R
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS,
Page 16 of 22
16014
APPENDIX B.EXHIBIT A.
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired: Date of Application: Amt.Of Sec.Deposit:
Your Name: Race/National Origin:Handicap:Yes_ No_
Co-Tenant Name Race/National Origin:Handicap:Yes_ No
Present Address:
Street City State Zip Telephone No.
Name of Landlord How Long at this Address:
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years,please state previous address:
Street City State Zip Telephone No.
Name of Previous Landlord
Street City State Zip Telephone No.
APPLICANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly$ Weekly S Every 2 Weeks S Monthly$
Social Security Number Birth Date --
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
CO-TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly S Weekly S Every 2 Weeks$ Monthly S
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE M( AGE ,SOCIAL
SECURITY
1.
2.
3.
PERSONAL REFERENCES(Nat Relatives)
1. Name: Address: How Long Known:
2. Name: Address: How Long Known:
Page 17 of 22
Rev 7/8/2005
16014
APPENDIX B. EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name: Social Security Number
Co-Tenant's Name:: Social Security Number
Present Address:
Street City State Zip Telephone No.
I hereby make application for a single family unit at .
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted housing.
I understand that this information is for the purpose of computing my annual income to determine
my qualification to buy an affordable housing unit. I understand that I am not required to surrender
my ownership or rights or claimed property,pensions or capital gains,etc.
Applicant Co-Occupant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $ •
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $ 1
Self-Employment Business, 1
Silent Partner,etc. $ $ $ $ •
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES
OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN
AFFORDABLE HOUSING UNIT.
Page 18 of 22 1141
16014
APPENDIX B,EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer: Job Title:
Address:
Street City State Zip
I, ,hereby authorize the release of information requested
(Applicant)
on this certification form.
Signature of Applicant
•
STATE OF FLORIDA )
)ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced as identification.
Witness my hand and official seal this day of ,2005.
(notary seal)
Notary Public
My Commission Expires:
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked(Weekly): . Frequency of Pay: .
Amount of Bonuses,Tips,or other Compensation Received: $ $
Monthly Annually
Supervisor
STATE OF FLORIDA )
•
)ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
•
Who is personally known to me or has produced as
identification.
Witness my hand and official seal this day of ,2005.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE
UNIT.
Page 19 of 22
',1
160 1 4
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE ROUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive,Naples,Florida 34104. A copy must also be provided to the Financial Administration
and Housing Department.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant,if any,on the property and the
acreage of each;
The Developer has made application to rezone the 42.6 acre parcel to Planned Unit Development.
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
X Yes No
If yes,state date of application May 28,2004, and if the request has been approved,state the Ordinance
number
3. Gross density of the proposed development. 6.85 units/acre.
Gross acreage of the proposed development. 42.6 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development(PUD)? X Yes No.
If yes,please state name and location of the PUD and any other identifying information.
Bristol Pines RPUD
5. Name of applicant Waterways Joint Venture IV
Name of land developer if not the same as Applicant:
6. Please complete the following tables as they apply to the proposed development.
TABLE I Total Number of Units in Development .
Type of Owner
Unit Rental Occup
Efficiency
One Bedroom
Two Bedroom
Three Bedroom 292
Other Bedroom
TOTAL 292
Page 20of22 141
16014
TABLE II Number of Affordable Housing Units
Total Number of Proposed Use for
Affordable Units Density Bonus Units
in Development
Owner Owner
Rental Occupied Rental Occupied
MODERATE INCOME
80%MI
Efficiency 0
I Bedroom 0
2 Bedroom 0
3 Bedroom 0
Other 0
TOTAL 0
LOW INCOME
60%MI
Efficiency 0
1 Bedroom 0
2 Bedroom 0
3 Bedroom 29 29
Other 0
TOTAL 0
VERY LOW INCOME
50%MI
Efficiency __IL_
I Bedroom 0
2 Bedroom
3 Bedroom 0
Other 0
TOTAL _
Page 21 of 22 111
16014
7. Please provide a physical description of the affordable units by type of unit(moderate,low,very
low income)and by number of bedrooms. Include in your description,for example,the square footage
of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window
treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom
amenities, such as ceiling exhaust fans;and any other amenities as applicable. Attach additional pages
as Exhibit"D"if needed.
All homes in Bristol Pines,including the homes reserved for moderate income purchasers,will
share many common features:
*Solid concrete block construction.
*Durable compressed concrete tile roofs.
•Desirable concrete paver driveways,walks and entries.
*R-19 fiberglass insulation in all attics;R4.2 in exterior walls.
*Ceramic tile flooring in all kitchens,baths,and laundry areas.
•Carpet over hypoallergenic pads in living and bedroom areas.
•European style kitchen cabinets with fully adjustable shelves
*Complete kitchen appliances,includingµwave oven,range,refrigerator and disposal
*High efficiency air conditioning with strip heat.
*Fully landscaped private yards.
*Dual sinks in the master bath.
*Enclosed toilet/tub in the master bath.
*Walk in closet for the master bedroom.
*Aluminum framed windows and sliding glass doors.
*Metal clad entry door with dead bolt lock.
*Strong steel hurricane shutters.
*Pre-wiring for cable television,telephone and a digital perimeter security alarm system.
The homes reserved for low income purchasers will all be three bedroom,two bath units in four,
five and eight unit buildings of one story. The interior units will offer 1,241 square feet of living
area and the end units are just slightly larger at 1,253 square feet of air conditioned area. Each home
will be owned in fee simple by the purchaser.
All of the Bristol Pine town homes will have complete yard service and periodic exterior painting
provided for by the Bristol Pines Community Association.The monthly homeowner's fee will also cover
the cost of basic cable television service,alarm system monitoring,maintaining the gated entry,common
areas and a community clubhouse where residents and guests may swim,play tennis,volleyball,or just
relax. The monthly fee has not yet been finally determined,but is anticipated to be approximately$150
per month.
8. Please supply any other information which would reasonably be needed to address this request for an
affordable housing density bonus for this development. Attach additional pages if needed.
None
Page 22 of 22 IM�
160 1 4
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-64
Which was adopted by the Board of County Commissioners
on the 15th day of November, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of November, 2005 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boarda, .00.3
County Commissiongrs,..•••••••. zr„\
•
0_,W44.7211-1: :' .:.:,,„
By: •
Ann Jenne ��_ ;••ter 1
jO ri,' z�
Deputy Clerk'J_ '•.r. ,��• _