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Agenda 04/26/2016 Item #16D14
4/26/2016 16.D.14. EXECUTIVE SUMMARY Recommendation to review staff's findings and recommendations regarding the Bristol Pines petition,render a decision regarding this petition, and ensure the request is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained; and specifically, (a) approve lien agreements with Bristol Pines, LLC. [Sobelco] (Developer) for deferral of Specified Collier County impact fees for 14 owner-occupied affordable housing units located at Bristol Pines II, Naples, Florida for affordable housing units already issued a permit, and (b) approve a settlement agreement confirming the number of affordable units required to be occupied in this development, and assigning the Affordable Housing Density Bonus Agreement to the Developer. OBJECTIVE: To review staff's findings and recommendations regarding the above referenced petition and render a decision regarding this petition and ensure that the community's interests are maintained CONSIDERATIONS: On February 24, 2004,the BCC approved the rezoning of+/- 22.77 acres of real property to a Residential Planned Unit Development, to allow for 159 dwelling units, for a project to be known as the Bristol Pines Residential Planned Unit Development (RPUD), by Ordinance 2004-10. As part of the BCC approval, the developer entered into an Affordable Housing Density Bonus Agreement (AHDBA), which authorized the developer to utilize affordable housing bonus density units, in the amount of 68 units, which included 16 designated affordable housing units to be sold to households at or below 60% of the Area Median Income. On November 15, 2005, the BCC approved the rezoning of additional property, amended the Bristol Pines RPUD to a total of+/-42.61 acres, and increased the maximum number from 159 to 292 dwelling units. As part of the approval, the AHDBA was revised, increasing the number of affordable housing bonus density units from 68 to 121, of which 29 units are required to be designated affordable housing units to be sold to households at or below 60% of the Area Median Income. On September 13, 2013, Bristol Pines, LLC, purchased from a bank foreclosure Phase II of the Bristol Pines PUD,becoming successor to the original developer of Bristol Pines,Waterways Joint Venture IV. Staff met twice with the developer (Sobelco) and/or their attorney R. Bruce Anderson in October and November, 2015 wherein the developer expressed concerns over their inability to sell homes to the target group in the AHDBA. Staff was able to provide some alternative options available that might allow the Developer to meet the obligations of the Affordable Housing Density Bonus agreement. Some of these options include: - Having potential homebuyers, within the target income range of 60% or below, apply for SHIP down payment assistance through the Community and Human Services Division, which now can provide up to $50,000 dollars towards the purchase of home(at the time this was $20,000). - Having the developer utilize the impact fee deferral program, if funding is available,to be able to lower the cost of homes,to be able to reach an affordability level for potential homebuyers within the target income range of 60% or below. If utilized, these two options could reduce the price of the homes by as much as an estimated $59,000, which should make it more feasible for prospective homebuyers at this income level. However, the new SHIP guidelines only allow a maximum of$30,000.00 for low income applicants, those who earn more than 50% of Area Median Income. Bristol Pines density bonus was based on these low income purchases. Packet Page -1747- 4/26/2016 16.D.14. Significant discussion points: - The current code for impact fee deferrals requires that an application for deferral shall be filed prior to receiving a building permit. The developer or attorney could send in a letter requesting the reservation for specific properties if they would like to participate in the Impact Fee Deferral Program. If the developer was interested, staff offered to take an exception request to the BCC to provide for the deferrals to be available, even though the code requires that they be applied for prior to receiving a building permit. Some units had already been permitted, or had their certificate of occupancy. This was offered as a remedy for the developer to assist in meeting the requirements. As such, the developer was asked to send in a report of which properties were at what status, so this material could be developed for presentation to the BCC. - The Developer and Staff agreed that while the above information was being gathered, all remaining permits and certificates of occupancy for this development would be placed on hold. This was expected to be a short period of time, and was to minimize the exception request; and allow time for the developer to provide the formal breakdown of the permit or construction status of the affordable housing units. - Staff also requested that an affordable housing annual monitoring report be completed and submitted as part of the developer's obligation under the affordable housing density bonus agreement. - Staff noted to the Developer's attorney that a provision of the AHDBA associated with the ownership transfer had not been met, and could be remedied when taking the IFD exception to the BCC (see staff finding below for more details) After the meeting, staff sent material promised to the developer's attorney, and sent a reminder on the monitoring report, and as of the date of the BCC Housing Workshop, March 1, 2016, staff had not received the information anticipated to have been provided by the developer. On March 1, 2016, the developer's attorney spoke at the workshop, and subsequently submitted a letter with various requests (to be discussed later in this executive summary). As part of Staff's review of the compliance status of the Affordable Housing Density Bonus Agreement, the following are findings that were identified and will require Board review and action: Staff Finding: According to the AHDBA, Section 6—Assignment by Commission: "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 promise under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. " When the property was purchased by the new owner, approval for the transfer of the AHDBA was not sought nor has it otherwise been granted from the Board of County Commissioners; as required by Section 6 of the AHDB,mentioned above. Staff Report/Recommendation: Packet Page -1748- 4/26/2016 16.D.14. Approve the transfer of the ownership along with the specified terms and obligations that must be met within the PUD and the AHDBA, in concert with the terms of the Settlement Agreement (please see 2nd request below). On March 2, 2016 a letter was received from R. Bruce Anderson, Attorney for the Developer, addressed to the County Manager, requesting the following items be considered by the Board of County Commissioner: 1St Request: The developer has requested a waiver from Collier County Code of Ordinance Sec.74-401 (a)(2): "Any person seeking an affordable housing deferral for proposed development shall file with the county manager an application for deferral.prior to receiving a building permit for the proposed development. " The petitioner has provided a list of certificate of occupancy and building permits that have been issued for the buildings which contain unsold affordable units for which the deferrals are requested. As specified, in the letter from R. Bruce Anderson, Attorney for the Developer, this request is being requested as a result of"... difficulty in finding qualified purchasers for its affordable units." Staff Report/Recommendation: First, approve a waiver to permit the Developer to be able to submit 14 Impact Fee Deferral Applications for the unsold affordable Housing Units, as an exception for this specific request and any request for Impact Fee Deferrals for any units where the building permit was approved after June 23, 2015, the date the BCC reinstated the Impact Fee Deferral Program for owner occupied units. Also allow this exception for any developer. Second, accept the Developer Agreements and 14 Impact Fee Deferrals associated with this waiver. Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for developers who are building qualified affordable housing and will sell the units to an income qualified applicant. This program was suspended for owner occupied units until the BCC voted to reestablish the program at its June 23,2015 meeting(Item 11D). Sobelco,Inc. will sell the units to persons whose legal status will be verified, documented and kept on file at the office of Community and Human Services. If the builder/developer fails to comply with the terms of the agreements, or are not sold to residents as specified above, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. The properties are all located at the Bristol Pines, Phase II Development in Naples, Florida, and are listed in the attached "Updated List of Dwelling Units". The ordinance requires that a lien agreement be entered into with the developer/applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. In keeping with direction by the Board,the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Agenda for the Board's review, approval and Chair's signature. Third, staff requests direction to bring back an Ordinance Amendment for the Impact Fee Deferral program language in the Code of Laws and Ordinances accordingly. Packet Page -1749- 4/26/2016 16.D.14. Please Note: Impact Fee Deferrals may only be granted if sufficient funds remain available and must be approved by the Board of County Commissioners. As part of this request, the applicant has identified 14 units to be included in the Impact Fee Deferral Program. The following is a breakdown of the proposed impact fee deferral amounts: TYPE OF IMPACT FEE TOTAL EMS $1,225.50 Government Buildings $5,438.72 Jail $3,441.53 Law Enforcement $3,385.90 Libraries $2,243.92 Community Parks $6,415.90 ROAD $60,825.00 Regional Parks $14,587.58 School $23,405.76 TOTAL $120,969.81 The following is a breakdown of the proposed refund the developer would receive, since some of the units had impact fees paid in advance of this proposal: TYPE OF IMPACT FEE TOTAL EMS $348.04 Government Buildings $1,553.92 Jail $988.33 Law Enforcement $967.40 Libraries $641.12 Community Parks $2,141.70 ROAD $8,511.40 Regional Parks $4,167.88 School $6,687.36 TOTAL $26,007.15 In addition,pursuant to Section 74-302(h) of the Code of Laws and Ordinances, Road impact fees that are paid for issuance of a Certificate of Adequate Public Facilities and approval of a Site Development Plan are non-refundable. Therefore, credits that were applied to six of the building permits, totaling $25,534.20, from the fees paid for approval of the Site Development Plan for Bristol Pines Phase 2 will not be refunded but will be returned to their account. The funds will subsequently be applied to building permits that do not have a deferral. 2°d Request(was 3`a request in letter,but 2"a request was withdrawn): The developer has requested that the six (6) carryover Affordable Housing Units from Phase I not be included as part of the terms and conditions for Phase II of the Bristol Pines PUD. The developer believes that only the Phase II obligations should apply since the current developer, successor to the original developer of Bristol Pines,purchased only Phase II of the development. Staff Report/Recommendation: The developer and staff are recommending a settlement agreement whereby three (3) of the disputed units will be made affordable by the developer because a better result is not anticipated if this issue were litigated. This settlement agreement also allows impact fee deferral applications for the units to be Packet Page-1750- 4/26/2016 16.D.14. accepted and processed for affordable housing units already issued a permit and assigns the Affordable Housing Density Bonus Agreement to the developer. FISCAL IMPACT: The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level of Service (LOS) for public facilities. The attached agreements defer $120,969.81 in impact fees. Although it is expected that the County will ultimately collect these deferred fees(generally upon sale of the residence),there is no guarantee as to if,or when,this would occur. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this will further the Goals, Objectives, and Policies of the Housing Element of the Growth Management Plan RECOMMENDATION: That the Board of County Commissioners: (1) Approve assignment of the AHDBA to the current developer as part of the settlement agreement (2) Approve a waiver of impact fee deferral application timing in order to permit the Developer to receive Impact Fee Deferrals for the unsold affordable Housing Units as attached in "Updated List of Dwelling Units", as an exception for this specific request (3) Approve any request for Impact Fee Deferrals for any units where the building permit was approved after June 23, 2015; the date the BCC reinstated the Impact Fee Deferral Program for owner occupied units (note,may be placed on waiting list depending on the funding available). (4) Direct staff to revise the Impact Fee Deferral program language to allow this waiver for all eligible developers and bring back for BCC approval (5) Approve the attached Lien Agreement with Developer for Deferral of Specified Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling United for property located at Bristol Pines II,Naples,Florida (6) Approve a settlement agreement Prepared By: Kim Grant,Director,Community and Human Services Attachments: 1)March 2, 2016 R.Bruce Anderson Letter; 2)Updated List of Dwelling Units submitted by Developer (Two addresses corrected in deferral agreements), 3) Ordinance 05-64, includes revised AHDB Agreement; 4) Ordinance 04-10,includes AHDB Agreement, 5) 14 Developer Agreements for IFD [one document], 6) Settlement Agreement Packet Page -1751- 4/26/2016 16.D.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.14. Item Summary: Recommendation to review staff's findings and recommendations regarding the Bristol Pines petition, render a decision regarding this petition, and ensure the request is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained; and specifically, (a) approve lien agreements with Bristol Pines, LLC. [Sobelco] (Developer)for deferral of Specified Collier County impact fees for 14 owner-occupied affordable housing units located at Bristol Pines II, Naples, Florida for affordable housing units already issued a permit, and (b) approve a settlement agreement confirming the number of affordable units required to be occupied in this development, and assigning the Affordable Housing Density Bonus Agreement to the Developer. Meeting Date: 4/26/2016 Prepared By Approved By Name: GrantKimberley Title: Division Director-Cmnty &Human Svc, Community&Human Services Date: 4/20/2016 10:45:28 AM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 4/20/2016 10:46:46 AM Name: PattersonAmy Title: Division Director-IF, CPP &PM, Capital Project Planning,Impact Fees and Program Management Date: 4/20/2016 12:37:24 PM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 4/20/2016 12:58:38 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Packet Page -1752- 4/26/2016 16.D.14. Date: 4/20/2016 1:07:55 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/20/2016 2:23:37 PM Name: IsacksonMark Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget Date: 4/20/2016 3:17:44 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/20/2016 3:41:07 PM Packet Page-1753- 4/26/2016 16.D.14.1 CHEFFY PASSIDOMO ATTORNEYS AT LAW EDWARD K.CHEFFY 821 Fifth Avenue South ANDREW H.REISS BOARD CERTIFIED CIVIL TRIAL LAWYER Na Naples,Florida 34102 BOARD CERTIFIED BUSINESS LITIGATION LAWYER BOARD CERTIFIED BUSINESS LITIGATION LAWYER p WILLIAM J.DEMPSEY JOHN M.PASSIDOMO Telephone:(239)261-9300 BOARD CERTIFIED REAL ESTATE LAWYER BOARD CERTIFIED REAL ESTATE LAWYER wwwnapleslawcom R.BRUCE ANDERSON JOHN D.KEHOE NICHOLAS P.MIZELL BOARD CERTIFIED CIVIL TRIAL LAWYER DEBBIE SINES CROCI�TT LOUIS D.D PE BOARD CERTIFIED APPELLATE PRACTICE LAWYER BRIAN J.THANASIU DAVID A.ZULIAN MARIA VIGILANTE BOARD CERTIFIED CONSTRUCTION LAWYER CLAY BROOK OF COUNSEL: ER GEORGE L.VARNADOE BOARD CERTIFIED CITY,COUNTY AND LOCAL GOVERNMENT LAWYER March 2,2016 Via US Mail and Via Email: leoochsCicolliergov.net Leo Ochs County Manager 3299 E.Tamiami Trail Naples,Florida 34112 RE:Bristol Pines Phase 2,Impact Fee Deferral Application Dear Mr. Ochs: I represent Sobelco,Inc.,the developer of Phase 2 of the Bristol Pines PUD,whose address is 2385 NW Executive Center Drive, Suite 370,Boca Raton,Florida 33431. A copy of the legal description for Phase 2 is attached as Exhibit"A". In follow up to our meeting on November 18, 2015,please accept this letter as an application for Impact Fee Deferrals. As you know,my client has had difficulty finding qualified purchasers for its affordable units. In 16 months of marketing, only 2 people have qualified. Deferral should enable more purchasers to qualify for a mortgage and meet the income requirements. On my client's behalf, we would request a waiver of the requirement that an application for deferral be filed prior to receiving a building permit. Attached as Exhibit `B" is a list of certificates of occupancy and building permits that have been issued for the buildings which contain the unsold affordable units for which the deferrals are requested. Also separately listed on Exhibit `B" are the building permit applications which certificates of occupancy are presently pending but have not been issued. My client is the successor to the original developer of Bristol Pines who lost the property during the recent recession. The original developer entered into an Affordable Housing Density Bonus Agreement("AHDBA")with the County which requires that 10% of the dwelling units in the PUD be set aside for sale to those families who earn 60%or less of the Naples MSA median income. LDC Section 2.06.04.E and the AHDBA require that 10%of the units in each phase shall be affordable units. In Phase 1 a total of 156 dwelling units were constructed which requires that [12137-0001/2440416/1] Packet Page -1754- 4/26/2016 16.D.14. Leo Ochs,County Manager March 2,2016 Page 2 16 of these dwelling units shall consist of affordable units. In Phase 2, a total of 133 dwelling units will be constructed which requires that 13 of these dwelling units shall consist of affordable units. Please let me know if there is any additional information that you require at this time to begin processing the deferral application. We would like to bring this, along with other matters attendant to Bristol Pines such as approval of the assignment of AHDBA to Sobelco,Inc., to the Board at the earliest possible date. Thank you for your attention to this matter. We look forward to working with you and your colleagues. Sincerely, R.Bruce Anderson Cheffy Passidomo,P.A. CC: Amy Patterson,w/attachments via email Kim Grant, w/attachments via email Gino Santabarbara,w/attachments via email [12137-0001/2440416/1] Packet Page -1755- 4/26/2016 16.D.14. Leo Ochs, County Manager March 2,2016 Page 3 Exhibit"A" Phase 2 Legal Description Plat of Bristol Pines,Phase II recorded in Plat Book 46,Pages 67-70,Official Records of Collier County,Florida. [12137-0001/2440416/11 Packet Page-1756- 4/26/2016 16.D.14. Leo Ochs,County Manager March 2,2016 Page 4 &M it"B" AHDBA Under construction unsold Bldg 39 7821 Bristol Cir Permit 20150306522 7844 Bristol Cir Permit 20150306520 Bldg 49 • 7834 Bristol Cir Permit 20150409975 7842 Bristol Cir Permit 20150409971 Bldg51 7884 Bristol Cir Permit 20150620091 AHI)BA Have CIO unsold • Bldg 42 7749 Bristol Cir Permit 20150102156 7737 Bristol Cir Permit 20150102152 ABDBA Sale Pending 2016 Bldg 43 7733 Bristol Cir Permit 2014030721772 ARUBA Sold 2015 Bldg 44 7717 Bristol Cir Permit 20140307008 • AHDBA C/O Pending and not being issued unsold Bldg 40 7817 Bristol Cir Permit 20150306917 7789 Bristol Cir Permit 20150306916 Bldg 41 7781 Bristol Cir Permit 20150306739 7753 Bristol Cir Permit 20150306738 fu1Br-oOm/x 1sl11 Packet Page -1757- 4/26/2016 16.D.14. Bristol Pines, Phase 2 Updated List of Dwelling Units For Which Impact Fee Deferrals Are Requested Bldg 35 7981 Bristol Cir Permit 20150621373 8001 Bristol Cir Permit 20150621364 Bldg 36 7947 Bristol Cir Permit 20150621397 Bldg 39 7821 Bristol Cir Permit 20150306522 7844 Bristol Cir Permit 20150306520 Bldg 49 7834 Bristol Cir Permit 20150409975 7842 Bristol Cir Permit 20150409971 Bldg Si 7884 Bristol Cir Permit 20150620091 Bldg 42 7749 Bristol Cir Permit 20150102156 7737 Bristol Cir Permit 20150102152 Bldg 40 7817 Bristol Cir Permit 20150306917 7789 Bristol Cir Permit 20150306916 Bldg 41 7781 Bristol Cir Permit 20150306739 7753 Bristol Cir Permit 20150306738 [12137-0001/2470169/1] Packet Page 4758- 4/26/2016 16.D.14. ( 2Z29 2°� tTt o f stilNia Gov ORDINANCE NO.05- 64 `4`<IBLSIf►f.£tl'� � AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS AMENDING ORDINANCE NUM- BER 2004-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPRO- PRIATE ZONING ATLAS MAP OR MAPS BY CHANG- ING THE ZONING CLASSIFICATION OF TIIE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL (A) AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO RPUD PLANNED UNIT DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE BRISTOL PINES RPUD, CONSISTING OF 298 RESIDENTIAL UNITS THAT — WILL INCLUDE A MAXIMUM OF 30 UNITS DESIG- . NATED AS AFFORDXBLE HOUSING UNITS WITH A CORRESPONDING DENSITY OF 3.0 UNITS PER ACRE FOR PROPERTY LOCATED ON THE EAST , SIDE OF COLLIER BOULEVARD (CR-951) AND AP- PROXIMATELY ONE MILE SOUTH OF IMMOKALEE ROAD (CR-846). IN SECTION 35, TOWNSHIP 48 • SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLOR- IDA, CONSISTING OF 42.61 + ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 04-10, AS AMENDED, THE FORMER BRISTOL PINES PHD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of RWA, INC., representing Waterways Joint Venture IV, petitioned the Board of County Commissioners, in Petition Number PUDZ-A-2004-AR-6084, to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East,Collier County, Florida, is changed from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Develop- ment(RPUD)in accordance with the RPUD Document,attached hereto as Exhibit"A" which is incorporated herein and by reference made part hereof The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41,the Collier County Land Development Code, is/are hereby amended accordingly. Packet Page -1759- 4/26/2016 16.D.14. SECTION TWO: Ordinance Number 04-10, known as the Bristol Pines PUD, adopted on February 24, 2004 by the Board of County Commissioners of Collier County, is hereby repealed in its en- tirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this �� day of /V°c,'erri&'Q7,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA f`' — 'a --� •.c. BY: -11- J .1 FRED W.COYLE,CHAI AN ttIst a*- ,.-` tram's sitinatm;.Nta I. Approved as to Form and Legal Sufficiency Marj r. ie M.Student-Stirling Assistant County Attorney PUDZ-A-2004-AR-6084 This ordinance fl,^r4 with the aetary of,States tfico the a day otN 1eekLC r 1i65 and acknowledgemen pf_that filin. receiv-d this -C'l do of`■ i. OS Byt1TL1 (• e1 Packet Page -1760- 4/26/2016 16.D.14. BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES, FLORIDA 34120 PREPARED BY: pw-ANc CONSULTING � L V V L S 6610 WILLOW PARK DRIVE SUITE 200 NAPLES, FLORIDA 34109 And GOODLETTE COLEMAN&JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC November 15, 2005 ORDINANCE NUMBER 2005-64 AMENDMENTS AND REPEAL Repeals 2004-10 "EXHIBIT A" Packet Page-1761- Bristol Pines PUDZ-A-2004-AR-6084 'Approves vuu aocument 11-15-05 4/26/2016 16.D.14. TABLE OF CONTENTS List of Exhibits, Tables and Appendix Statement of Compliance ii Section I Property Ownership and Legal Description I-1 Section II Project Development Requirements II-1 Section III Residential Development Standards III-1 Section IV Recreation Area IV-1 Section V Preserve Area V-I Section VI Development Commitments VI-1 Appendix "A" Typical Cross Sections A-1 Packet Page-1762- ::oi Pines PUDZ-A-2004-AR-6084 i pprovea ruu aocument 11-15-05 4/26/2016 16.D.14. LIST OF EXHIBITS, TABLES AND APPENDIX EXHIBIT"A" RPUD MASTER PLAN APPENDIX "A" TYPICAL CROSS SECTIONS EXHIBIT"B" BOUNDARY SURVEY TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS Bristol Pines PUDZ-A-2004-AR-6084 Packet Prauu'Document ent 11-15-05 4/26/2016 16.D.14. STATEMENT OF COMPLIANCE The development of approximately 42.6 acres of property in Collier County, Florida as a Planned Unit Development to be known as the Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: 1. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE) of the GMP, and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use District, as identified on the Future Land Use Map from the FLUE, of the Collier County GMP. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable housing" as outlined by Section 2.06.00 as defined in the Collier County Land Development Code (LDC). The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.85 units per gross acre, which is provided for by the FLUE Density Rating System, and is therefore consistent with the FLUE, Policy 5.1. of the Collier County GMP. 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available. 5. The project will implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the FLUE. 8. The Bristol Pines RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. ii Packet Page -1764- Bristol Pines PUDZ- 2004-AR-6084 ApprovedPUD document u_ 4/26/2016 16.D.14. 9. The native vegetation provisions of the Bristol Pines RPUD implement Policy 6.1.1 of the Conservation and Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. By virtue that the project must comply with the provisions of Chapters 6.02.00. and 10.02.07. of the LDC, it will implement, and further Objective 8 of the Transportation Element. Packet Page -1765- Bristol Pines PUDZ-A-2004-AR-6084 Approvea ruu document 11-15-05 4/26/2016 16.D.14. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION 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. AND: 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. AND: 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. AND: 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. AND: 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: I-1 Packet Page -1766- _nsiol Pines PUDZ-A-2004-AR-6084 __ . __ _ _... nt 11-15-05 4/26/2016 16.D.14. COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35, N.89°58'25"E., A DISTANCE OF 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT AS 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., A DISTANCE OF 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30 FOOT WIDE ROAD RIGHT-OF-WAY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, 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; 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 THE SAID PLATTED BOUNDARY LINE S.89°58'02"W. A DISTANCE OF 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02°14'43"W. A DISTANCE OF 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 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 42.61 ACRES MORE OR LESS. 1-2 Bristol Pines PUDZ A-2004-AR-6084 Packet Page -1767- I „UVwu ICI it 11-15-05 4/26/2016 16.D.14. 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 NORTH 89°5825" EAST. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folios: 00205560002, 00205480001, 00205520000, 00205760006, and 00205600001) 1.4 DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV. All reference to the "developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than sixty percent of the proposed project site has been cleared and utilized for agricultural purposes. Three single-family homes and associated improvements are located on the project site that will eventually be eliminated with the development of the proposed subdivision. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 12.5 feet to 16.3 feet above mean sea level. The water management system consists of approximately 4.4 acres of water management areas that will receive run-off from structures and parking areas. Run-off is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal right-of-way. Allowable discharge rates shall be in accordance with Collier County Ordinance Number 90-10, as amended. 1.6 PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development consisting of attached single- family housing in a townhouse configured, multi-unit building. Each unit is intended to be sold in fee simple, including the platted lot upon which the residential unit is located. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property shall be from Tree Farm Road. I-3 Packet Page -1768- - ,I Pines PUDZ-A-2004-AR-6084 Appruvea ruu aocument 11-15-05 4/26/2016 16.D.14. That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in the fourth quarter of 2005, with completion programmed in the third quarter of 2007 (Capital Road Project#65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance". I-4 Packet Page -1769- h Bristol Pines PUDZ A-2004-AR 6084 NNsvvvu rvu uuGUanent 11-15-05 4/26/2016 16.D.14. • SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this Document, the RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. This RPUD Document and attendant RPUD Master Plan is tailored to provide specific development standards for the residential product proposed by the developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the LDC, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of this petition shall be subject to a concurrency review under the provisions of Chapters 6.02.00. and 10.02.07., Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit"A", RPUD Master Plan. II-1 Packet Page -1770- - =:oi Pines PUDZ-A-2004-AR-6084 t- p uveu ruv uoeument 11-15-05 4/26/2016 16.D.14. TABLE I • PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE± TRACT"R" RESIDENTIAL 292 34.8 TRACT"RA" RECREATION AREA 0 2.7 TRACT"P" PRESERVE 0 5.08 TOTAL 292 42.6 B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 10.02.05. and 10.02.03. respectively, of the Collier County LDC, or as otherwise permitted by this RPUD Document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 292 residential dwelling units may be constructed in the total project area. The gross project area is approximately 42.6 acres. The gross project density, therefore, will be a maximum of 6.85 dwelling units per acre. A density of more than 4.0 units per acre shall be developed in accordance with an approved Affordable Housing Density Bonus Agreement(AHDBA). 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to final local development order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County LDC. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD development plan. Any division of property and the development of the land shall be in compliance with Chapter 10.02.04. of the Collier County LDC, and the platting laws of the State of Florida. C. The provisions of Chapter 10.02.03. of the Collier County LDC, when applicable, shall apply to the development of all platted tracts of land as provided by said Chapter prior to the issuance of a building permit or other development order. II-2 Packet Page-1771- Bristol Pines PUDZ-A-2004-AR 6084 A { r. . �.,I vv Vvt,unIcnt 11-15-05 4/26/2016 16.D.14. • D. Common area maintenance shall be provided by a property owners' association to be established by the developer, whose functions shall include the provision for perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving the Bristol Pines RPUD, in accordance with the provisions of Collier County Ordinances, together with any applicable permits from the South Florida Water Management District. E. Single-family attached units shall be constructed following the development standards set forth in Table II of this Document. Each unit may be on a separate platted lot. The developer shall submit additional pages to the Improvement Plans required by Section 10.02.05. of the LDC to show typical lots, and typical footprints of the proposed attached single-family residences, including any anticipated accessory structures. 2.6 LAKE SETBACK AND EXCAVATIONS A. Lakes shall conform with the requirements of Section 22-122(a) of the Collier County Code of Laws and Ordinances for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 22-112(c) of the Collier County Code of Laws and Ordinances. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards) of the total volume unless a commercial excavation permit is received. 2.7 RIGHTS-OF-WAY A. All platted project streets shall have a minimum 50-foot right-of-way. A deviation from Section 6.06.01(0). of the LDC, for cul-de-sac and local streets, LDC Appendix B-2 and B-3 for cul-de-sac and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisons C.13.e. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66, which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan). The internal project streets shall be private, and shall be classified as local streets. B. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. II-3 Packet Page 4772- ,1 Pines PUDZ-A-2004-AR-6084 _ . __ it 11-15-05 4/26/2016 16.D.14. C. Tangents between reverse curves are not required for any local street design in this RPUD. A deviation from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 10.02.13.E. of the Collier County LDC. Minor changes and refinements as described in Subsection 6.3.C. of this RPUD Document may be made in connection with any type of development or permit application required by the Collier County LDC. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACILITIES Easements shall be provided for and depicted on subdivision plats and SDPs for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of the Ordinance establishing the Bristol Pines RPUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the developer shall provide appropriate legal instruments for the establishment of a property owners' association, or master condominium association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 10.02.13.L. of the Collier County LDC. 2.10 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Section 5.04.04. of the Collier County LDC. B. Temporary use permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary use permit applications, and associated site development plan application(s) for residential models, may be submitted together, and approved pursuant to Section 5.04.04.B.5.c. of the LDC, with applications for improvement plans and final subdivision plats, so as to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. II-4 Packet Page-1773- Bristol Pines PUDZ A-2004-AR-6084 �f.pnwou r-vv wL.uniailt 11-15-05 4/26/2016 16.D.14. C. The existing single-family principal structures may be used for temporary sales centers, and construction operation/management offices, and may be served by the existing well and septic systems. Such use of the existing single-family structures shall be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but not to exceed the project build-out date of December 31, 2007. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross-sections, shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than five feet over residential development areas that are depicted on an approved site development plan, or approved subdivision improvement plans, no fencing is required. D. Soil erosion control shall be provided in accordance with Section 10.02.02.C. of the LDC. E. Fill storage shall not be permitted in Preserve Areas. F. Fill may be stored on site for the maximum length of time of twenty-four (24) months. This period may be extended through the written permission of the Planning Services Director. II-5 Packet Page -1774- , :--DI Pines PUDZ-A-2004-AR-6084 Hpprovea vuu aocument 11-15-05 4/26/2016 16.D.14. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, and Section 3.05.07. of the Collier County LDC, a minimum of 5.08 acres (25% of the native vegetation on site) shall be retained or replanted. This is due to the fact that of the 42.6-acre project site, only 20.3±acres of the site is "native",by definition. The two preserves, Tract "P", contain a total of 5.08 acres. For the purposes of this RPUD, the preserve tracts fully satisfy the native vegetation requirements of Collier County. The combined southwesterly and northwesterly preserve tracts will have approximately 1.96 acres of native vegetation re-created, and approximately 0.94 acres of enhancement to an existing oak canopy. Native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic species. The RPUD Master Plan depicts two preserve areas that will be platted as a native preserve tract. These preserve areas shall consist of retained native vegetation and replanted vegetation. Native preserves shall have an average fifty-foot (50') width, but be no less than twenty feet (20') in width. The design, area, and configuration of the native preserves may be modified. However, the remaining native preserves shall not be less than 5.08 acres in total area. Refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract "P", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 10.02.13.C. of the LDC, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document become a part of the LDC and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the Bristol Pines RPUD District on the Official Zoning Atlas Maps shall be governed by the adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions of the LDC. II-6 Packet Page -1775- � Bristol Pines PUDZ A-2004-AR-6o84 YNivvcu rUL.,uuLuiuent 11-15-05 4/26/2016 16.D.14. SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, as well as project signage, will occur within this Tract "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall not exceed 292 dwelling units and shall be established at the time of development plan review. Those dwelling units classified as affordable housing shall be developed consistent with the project's Affordable Housing Density Bonus Agreement. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses derived from the RMF-6 Zoning District in effect as of the date of the adoption of this RPUD: A. Principal Uses: 1) Single-family attached dwellings (including townhouses intended for fee simple ownership including the platted lot associated with the residence). 2) Single-family detached dwellings. B. Accessory Uses: 1) Customary accessory uses and structures including, but not limited to, private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model homes (See Section 2.10 of this RPUD Document); Project sales and administrative offices, which may occur in residential, and/or in temporary buildings (See Section 2.10 of this RPUD Document). 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Homeowners' association boundaries shall not be utilized for determining development standards. III-1 Packet Page -1776 Pines PUDZ-A-2004-AR-6084 HF1F11 VVCU rvv uuc:urnent 11-15-05 4/26/2016 16.D.14. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07.of the Collier County LDC in effect at the time of building permit application. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE/ STANDARDS FAMILY FAMILY RECREATION DETACHED ATTACHED BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10,000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 20 FEET 20 FEET N/A MIN SIDE YARD 7.5 FEET 0 FEET or N/A 6 FEET MIN REAR YARD 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 15 FEET or N/A '/2 BH whichever is greater MAX.BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S 1/2 BH REAR (ATTACHED) 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MIN.DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of 15 feet or '/2 BH whichever is greater MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET •35 FEET S.P.S.: Same as Principal Structures. BH: Building Height III-2 Bristol Pines PUDZ A-2004-AR-6084 Packet Page -1777- Hpprovea ruu aocument 11-15-05 4/26/2016 16.D.14. Notes: 1) The location of structures proposed adjacent to the lake may have no setback from the lake maintenance easement. 2) No structures shall be permitted in the required, 20-foot lake maintenance easement. 3) To ensure compatibility with the existing single-family residence on lands (Collier County Folio Number 00206600000) lying south of the Bristol Pines property, only a single-story residential structure may be located adjacent to that residence. If said single-family land use is discontinued, this condition shall no longer apply. 4) A 15-foot wide setback shall be maintained from any residential structure to any project perimeter property line. 5) For all residential units, garages shall be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage, except for side-loaded garages, wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being parked across a portion, or all of the sidewalk. 6) To ensure compatibility with the Vanderbilt Country Club PUD, a modular concrete, 100% opaque, wall/fence shall be installed along the south boundary of the Bristol Pines RPUD, adjacent to the boundary of the Vanderbilt Country Club PUD. III-3 Packet Page -1778- stoi Pines PUDZ-A-2004-AR-6084 11-15-05 4/26/2016 16.D.14. SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as community swimming pools, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use. B. Accessory Uses: 1) Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.3 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this Document. B. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. C. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Sections 4.05.04. and 4.05.07. of the Collier County LDC in effect at the time of building permit application. IV-1 Bristol Pines PUDZ-A-2004-AR-6084 Ar Packet Page -1779- 11-15-05 4/26/2016 16.D.14. SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, state and federal permits, when required: A. Principal Uses: Nature preserves. B. Accessory Uses: I) Water management structures. 2) Mitigation areas. 3) Passive recreational uses such as pervious nature trails, shelters or boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation. These uses shall be subject to approval by the appropriate permitting agencies. V-1 ;i Pines PUDZ-A-2004-AR-6084 Ai Packet Page -1780- 11-15-05 4/26/2016 16.D.14. SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with site development plans, final subdivision plats (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Section III, Exhibit "A", Design Requirements for Subdivisions of the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66 shall apply to this project, even if the land within the RPUD is not to be platted. The developer, its successors and assigns, shall be responsible for the commitments outlined in this Document. These commitments shall be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions shall be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignees, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignees in title to the developer are bound by any commitments within this Document. These commitments may be assigned or delegated to a homeowners' association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Subsection 10.02.13.E. of the LDC, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the developer. VI-1 Bristol Pines PUDZ-A-2004-AR-6084 AF Packet Page -1781- 11-15-05 4/26/2016 16.D.14. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County GMP and the Bristol Pines RPUD Document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 10.02.13.E. of the Collier County LDC. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 10.02.13.E. of the LDC: a. Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in preserve area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into preserve area, except as provided for in Paragraph 6.3.C.2.)a. above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County ordinances and regulations in effect at the time of the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for subdivision(if required), or site development plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 ;!s;ol Pines PUDZ-A-2004-AR-6084 AF Packet Page -1782- 11-15-05 4/26/2016 16.D.14. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Section 10.02.13.D. of the LDC. B. An annual RPUD monitoring report shall be submitted pursuant to Section 10.02.13.F. of the LDC and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in two phases, to be completed in early 2006. Recreation, including playground facilities, and clubhouse facilities shall be constructed simultaneously with the development of the residential product. A proportionate amount of the recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy(CO). D. The 138 dwelling units approved above the original 159 units approved via Ordinance Number 04-10 shall not receive a Certificate of Occupancy until January 1, 2007 and will be released at a number not to exceed twenty(20)per month. 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all development access points. Access lighting shall be in place prior to the issuance of the first CO. C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Chapters 6.02.00., and 10.02.07. of the LDC, as it may be amended. E. All work within Collier County rights-of-way or public ingress or egress easements shall require a right-of-way permit. VI-3 Bristol Pines PUDZ-A-2004-AR-6084 AF Packet Page -1783- 11-15-05 4/26/2016 16.D.14. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County rights-of- way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the opinion of Collier County Transportation Division, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right- of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. This project and all adjacent developments shall be encouraged to provide shared access or interconnections. The developer, or assigns, of this project, shall assure that any such shared access or interconnection will be utilized. The developer shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or on the plats. L. The developer shall provide a 10-foot wide shared use path along either the east or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. M. The developer, its successors and/or assigns, shall be responsible for mitigation for noise abatement, if and when it becomes warranted. Prior to turnover to the homeowners' association the developer shall notify the future homeowners' association of the obligation and shall be responsible to provide a warrant study if the development is located on a County arterial or facility which is anticipated to be improved as shown on the Transportation Division's Long Range Plan. VI-4 Pines PUDZ-A-2004-AR-6084 Ar packet Page-1784- 11-15-05 4/26/2016 16.D.14. N. On January 11, 2005, the Board of County Commissioners adopted a Developer's Contribution Agreement pertaining to the Developer's participation in the future improvement of Phase One of Tree Farm Road from Collier Boulevard to the intersection of Davila Street. O. The developer shall be responsible for the design cost of the proposed improvements to Phase Two of Tree Farm Road, from the Davila Street intersection to the intended intersection at Massey Road, not to exceed $150,000.00. 6.7 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County LDC and South Florida Water Management District Rules. C. The project shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance Number 04-51, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities shall be considered to be customers of the County, and shall be billed by the County in accordance with the County's established rates. C. The development shall be subject to application for and conditions associated with a water and sewer availability letter from the Collier County Utilities Division. D. Sewer availability is subject to construction and placement into service by the County of a proposed 16 inch force main along Collier Boulevard. VI-5 Bristol Pines PUDZ-A-2004-AR-6084 A Packet Page 4785- 11-15-05 4/26/2016 16.D.14. • 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation/preservation areas shall be designated as preserve tracts subject to a conservation easement on all construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 7.04.06 of the Florida Statutes. Preserve tracts shall be dedicated on the plat to the project homeowners' association or like entity for ownership and maintenance responsibilities and the conservation easement shall be dedicated to Collier County with no responsibility for maintenance. In the event the project does not require platting all conservation/preserve areas shall be recorded as conservation easements in favor of the project's homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. D. The development shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a habitat management plan for those protected species, and/or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be the responsibility of the homeowners' association. F. The RPUD shall be consistent with the Environmental Sections of the Collier County GMP, and the Collier County LDC in effect at the time of final development order approval. VI-6 cl Pines PUDZ-A-2004-AR-6084 Ai Packet Page-1786- 11-15-05 4/26/2016 16.D.14. G. All approved agency (SFWMD, ACOE, FFWCC)permits shall be submitted prior to final plat/construction plan approval. H. A Preserve Area Management Plan shall be provided to Environmental Services Staff for approval prior to site/construction plan approval identifying methods to address treatment of invasive exotic species, fire management, and maintenance. I. A 30-inch elliptical pipe shall be placed under the project's spine road to connect the two preserves for the purposes of a faunal crossing. It should be noted that this is not a water management structure, merely a small wildlife crossing. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, construction operation/management office and model center which may be constructed after zoning approval of this RPUD rezone. 6.11 SIGNS All signs shall be in accordance with Chapter 5.06.00. of Collier County's LDC in effect at the time of site development plan approval. 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls shall be generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. Retaining wall and buffer wall maximum height: The retaining wall shall not exceed 24 inches, and the total of retaining wall and fence shall not exceed 8 feet in height as measured from the finished grade. Deviation from LDC Sections 5.03.02.A.9. and 5.03.02.B. to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road unless the wall is constructed on a perimeter landscape berm. C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. • 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Subsection 4.06.03.B. of the Collier County LDC in effect at the time of building permit application. VI-7 Bristol Pines PUDZ-A-2004-AR-6084 Al packet Page -1787- 11-15-05 4/26/2016 16.D.14. 6.14 POLLING PLACES Pursuant to Sections 2.01.04. and 4.07.06. of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County. Such agreement shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. V1-8 stogy Pines PUDZ-A-2004-AR-6084 AF Packet Page-1788- 11-15-05 4/26/2016 16.0.14. - • , , ii H. .. 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Prepared by: Patrick G.White Ass't.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, a 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 29, 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(1211 bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. Page 1 of 22 Rev 7/8/2005 Packet Page -1793- 'H 4/26/2016 16.D.14. 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 (30) 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) Eligibility 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 Packet Page -1794- f„I 4/26/2016 16.D.14. 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 Packet Page -1795- 4/26/2016 16.D.14. 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. Packet Page -1796- Y"� 4/26/2016 16.D.14. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) 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. Mail, 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. Assignment 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 Packet Page -1797- jn'l 4/26/2016 16.D.14. express written consent of the Commission as required by this Section shall be void ab inifio. 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 Deveioper, its agents or employees, arising out of or incidental to the performance of this Agreement. Packet Page -1798- r`"�� 4/26/2016 16.D.14. 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 Packet Page -1799- to 4/26/2016 16.D.14. 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 10 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. Packet Page -1800- 4/26/2016 16.D.14. 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: ;/; . l / ''s • Patrick G. White Assistant County Attorney Packet Page -1801- 10 I 4/26/2016 16.D.14. DEVELOPER: WATERWAYS JOINT VENTURE IV, A Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership its general partner Witnesses: _f� By: Waterways Development, Inc. a Florida corporation Witness its General Partner Printed Name n.� // / 4(,(A).a/Yt,C By: j Witness Richard Davenport, President Printed Name Me Itssa 7•rn`Far(anf 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 cf.- 7 day of � �— , 2005. -12,4CUW 0_,Oc0A, Notary Public My Commission Expires: ''V""'•. STEPHANIE KEENEY MY COMMISSION Y DD 283174 . EXPIRES:January 21,2008 rt.r¢` 9ondad Thn Namy Pu6x u ,nan Packet Page -1802- 4/26/2016 16.D.14. 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; Packet Page -1803- 4/26/2016 16.D.14. 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. Packet Page -1804- I..0 4/26/2016 16.D.14. 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 4 units/acre. (2) Gross acreage 416. (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) 10%. Packet Page -1805- 4/26/2016 16.D.14. 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 op 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. Packet Page -1806- 'T1 4/26/2016 16.D.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 I* I* 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% 40% 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 Packet Page -1807- 1;,.\ 4/26/2016 16.D.14. APPENDIX A,EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME., Pursuant Chapter 74,Section 74-402(a)(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 3 4 5 6 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 $506 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. Packet Page -1808- 11 4/26/2016 16.D.14. APPENDIX B,EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt.Of Sec.Deposit: Your Name: Race/National Origin:Handicap:Yes_ No_ Co-Tenant Name Race/National Origin:Handicap:Yes No Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years,please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly$ Weekly$ Every 2 Weeks$ 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$ Weekly$ Every 2 Weeks$ Monthly$ 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 SEX AGE SOCIAL SECURITY 1. 2. 3. PERSONAL REFERENCES(Not Relatives2 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 17 of 22 Rev 7/8/2005 Packet Page -1809- l 4/26/2016 16.D.14. 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 $ $ $ $ Self-Employment Business, 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. Packet Page -1810- ifil 4/26/2016 16.D.14. 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. Packet Page -1811- 1;11. 4/26/2016 16.D.14. APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING 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 Occupied Efficiency One Bedroom Two Bedroom Three Bedroom 292 Other Bedroom TOTAL 292 Packet Page -1812- , 4/26/2016 16.D.14. 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 1 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 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Other 0 TOTAL 0 Packet Page -1813- i`,c 4/26/2016 16.D.14. 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,including a'microwave 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 Packet Page -1814- l � 4/26/2016 16.D.14. 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 Board County Commissions '; •- --,;Y By: Ann Jennej obi, Deputy ...... ■ J ,YG3, Packet Page-1815- 4/26/2016 16.D.14. ORDINANCE NO.04- 10 AN ORDINANCE AMENDING ORDINANCE NUMBER I y678970 91-102, THE COLLIER COUNTY LAND 4 �4 DEVELOPMENT CODE, WHICH INCLUDES THE 'CI COMPREHENSIVE ZONING REGULATIONS FOR i , W am J t THE UNINCORPORATED AREA OF COLLIER I el, g COUNTY, FLORIDA BY AMENDING THE OFFICIAL �� ZONING ATLAS MAP NUMBERED 8635N; BY 44 CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" ��lZ��'dt' "1'O A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) DISTRICT FOR A PROJECT TO BE KNOWN AS BRISTOL PINES RPUD TO ALLOW FOR A MAXIMUM OF 159 DWELLING , UNITS, TO CONSIST OF ANY COMBINATION OF SINGLE-FAMILY ATTACHED, ZERO LOT LINE, OR SINGLE-FAMILY DETACHED UNIT TYPE CONSTRUCTION; THAT WILL BE DESIGNED TO PROVIDE SIXTEEN (16) AFFORDABLE HOUSING 1, UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 68 UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT LOCATED ON THE EAST SIDE OF THE ROAD, APPROXIMATELY 1 MILE SOUTH OF IMMOKALEE ROAD, AND '/4 MILE NORTH OF WOLFE ROAD, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.77+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight H. Nadeau,of RWA,Inc.,representing Waterways Joint Venture IV, petitioned the Board of County Commissioners, in Petition Number PUDZ-2003-AR- 3542,to change the zoning classification of the herein described real property and to approve the affordable housing density bonus agreement authorizing a density bonus of 2.98 units per acre for a total of no more than 68 density bonus units. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,THAT: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural zoning district to "RPUD" Residential Planned Unit Development in accordance with the "Bristol Pines" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein.The Official Zoning Atlas Map numbered 8635N,as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: The Affordable Housing Density Bonus agreement, attached hereto as Exhibit "B," authorizing a density bonus of 2.98 units per acre for a total of no more than 68 density bonus units is hereby approved and adopted as if fully set forth herein. Packet Page -1816- 4/26/2016 16.D.14. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida,this 7 day of ..A1.1-te.ca tom, ,2004. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA '1 t O]fg1 Yl C�.': v: BY: P. :Y,-•e•r._2.i Cam, & WIPI a" ` = DONNA ALA, CHAIRJ✓IAN Approved ds Pp rv`, J\ . pp `!QS t'il This ordinance filed with the and Legal Su f` ec to ry of State's Office t e_ day o _ and acknowiedgem t,nf that fiiin received t is C� doy of / , a.• De. Ie,k Xit►_WA AA%) Patrick .White Assistant County Attorney G/Admi n/PUDZ-2002-AR-3542/sp Attachments: Exhibit A,PUD Document Exhibit B,Affordable Housing Density Bonus Agreement I:ani# 8 .. F?�::,'a 5 O T rt Packet Page -1817- 4/26/2016 16.D.14. BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES REUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COL'I TY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES, FLORIDA 34120 PREPARED BY: pivANc. CONSULTING _— t- ► ► 1 Z 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 And GOODLEI-IE COLEMAN& JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES,FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER a00y - /0 AMENDMENTS AND REPEAL A/,inn.S 91-IO L Packet Page -1818- GACurrentlDeselemlPUD RezoneslBristol Pines PUDZ-2 s1PUD document final version 2-27-04.doc 4/26/2016 16.D.14. TABLE OF CONTENTS List of Exhibits, Tables and Appendix Statement of Compliance ii Section 1 Property Ownership and Legal Description I-1 Section 11 Project Development Requirements II-1 Section Ill Residential Development Standards III-1 Section IV Recreation Area IV-1 Section V Preserve Area V-1 Section VI Development Commitments VI-1 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-Packet Paget/1819- ts\PUD document final version 2-27-04.doc 4/26/2016 16.D.14. LIST OF EXHIBITS,TABLES AND APPENDIX EXHIBIT"A" RPUD MASTER PLAN APPENDIX"A" TYPICAL CROSS SECTIONS EXHIBIT`B" BOUNDARY SURVEY EXHIBIT"C" VICINITY MAP EXHIBIT"D" PUFL;C FACILITIES MAP TABLE I PROJECT LAND USE TRACTS TABLE II DEVELOPMENT STANDARDS Packet Page -1820- G:\Cunent\DeselemOPUD Rezones\Bristol Pines ....ts\PUD document final version 2-27-04.doc 4/26/2016 16.D.14. STATEMENT OF COMPLIANCE The development of approximately 22.77 acres of property in Collier County, Florida as a Planned Unit Development to be known as Bristol Pines RPUD will be in compliance with the goals. objectives and policies of Collier County as set forth in the Growth Management Plan. The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property for d.°-"elopment is within the Urban Mixed Use District/Urbar Residential Subdistrict as ,d on the Future Land Use Map as provided for Objective 1 of the Future I al 3 Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use L istrict, as identified on the Future Land Use Map from the Future Land Use Element (FLUE), of the Collier County Growth Management Plan. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affordable housing". The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.98 units per gross acre, which is less than what is provided for by the FLUE Density Rating System, and is therefore consistent with the Future Land Use Element, Policy 5.1. of the Collier County Growth Management Plan. 3. The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier County, within the proposed master planned development. 4. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where planned infrastructure and services will be available; 5. The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. 6. The development will be compatible with and complementary to existing and planned surrounding land uses. 7. The development of the Bristol Pines RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.g. of the Future Land Use Element. 8. The Bristol Pines RPUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will provide useable open space, or lands reserved for conservation purposes. ii Packet Page e-1821_,ts\PUD document final version 2-27-04.doc G:`,CurrentlDeselemlPUD Rezones\Bristol Pines PUDZ-_ __. _. ._ 4/26/2016 16.D.14. 9. The native vegetation provisions of the Bristol Pines RPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorporated into the project design. 10. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. 11. By virtue that the project must comply with the provisions of Division 3.15. of the Land Development Code, it will implement, and further Objective 8 of the Transportation Element. • G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2 Packet Page 4822-s\PUD document final version 2-27-04.doc 4/26/2016 16.D.14. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the t:xisting conditions of the property proposed to be developed under the project name of Bristol Pines RPUD. 1.2 LEGAL DESCR..P PION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH. RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89°56'57" E. FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02°16'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89°56'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02°16'25" E FOR 639.48 FEET; THENCE SOUTH 89°56'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE NEST LINE OF SAID SECTION 35, N 02°16'29" W FOR 639.67 FEET TO THE POINT OF BEGINNLNG OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 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 NORTH 89°56'57" EAST. 1.3 PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folio: 00205560002, 00205480001, 00205520000) Waterways Joint Venture IV (Folio: 00205760006) I-I G:\Cu rent\Deselem\PUD Rezones Bristol Pines PUDZ-2 Packet Page -1823 s\PUD document final version 2-27-04.doc 4/26/2016 16.D.14. 1.4 DEVELOPER The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV, all reference to the "Developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. 1.5 PHYSICAL DESCRIPTION The development property is located in the northwest .calf of Section 35, Township 48 South, Range 26 East. More than eighty percent of the proposed project site has been cleared, and utilized for agricultural purposes. The easterly 4.77 acres has an existing single-family home and associated improvement. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 13.1' to 14.8' above mean sea level. The water management system consists of approximately 2.68 acres of water management areas that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal Right-of-Way. Allowable discharge rates will be in accordance with Collier County Ordinance No. 90-10, as amended. 1.6 PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from Collier Boulevard (C.R. 951), approximately 330 feet south of Tree Farm Road. That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in 2005 (Capital Road Project #65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric `power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance". I-2 G:1Current1Desetem\PUD RezonesABristol Pines PUDZ Packet Page -1824-ts\PUD document final version 2-27-04.doc 4/26/2016 16.D.14. SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this document, the RPUD-Planned Unit Development District art i other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. This RPUD Document and attendant RPUD Master Plan is generally tailored to provide specific development standards for the residential product proposed by the Developer. C. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. D. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. E. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. F. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Land Development Code, at the earliest or next-to-occur of either Final Site Development Plan approval, or Final Plat approval, or building permit issuance applicable to this development. II-1 G:1Current■DeselemlPUD Rezones lBristol Pines PUDZ-2 Packet Page-1825- ����„<<,s\PUD document final version 2-27-04.doc 4/26/2016 16.D.14. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "A", RPUD Master Plan. TABLE I PROJECT LAND USE TRACTS TYPE UNITS/Fi. ACREAGE± TRACT"R" RESIDENTIAL 159 19.8 TRACT"RA" RECREATION AREA 0 2.0 TRACT"P" PRESERVE 0 1.0 B. Areas illustrated as Iakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this RPUD document. C. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY A maximum of 159 residential dwelling units may be constructed in the total project area. The gross project area is approximately 22.77 acres. The gross project density, therefore, will be a maximum of 6.98 dwelling units per acre. A density of more than 4.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). II-2 Packet Page -1826- G:1CurrentlDeselem\PUD Rezones\Bristol Pines PUDZ-2 _. __ _ ... ...s1PUD document final version 2-27-04.doc 4/26/2016 16.D.14. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to Final Local Development Order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County Land Development Code. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier C)unty Land Development Code, when applicable, shall apply to the development of all platted tracts of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. E. Prior to the development of a zero lot line product, or single-family attached units following the development standards set forth in Table II of this document, in which each unit is on a separate platted lot, the Developer shall submit either a Preliminary Subdivision Plat, or plan as a part of the construction plan set showing the building envelope on all of the lots intended for zero lot line construction to the Department of Zoning and Land Development Review for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. No side-yards are required between units where multiple units, intended for fee simple conveyance, are contained in a single principal structure. The Preliminary Subdivision Plat, or plan as a part of the construction plan set, shall also show typical lots, and the footprints of the proposed residences. 2.6 LAKE SETBACK AND EXCAVATIONS Lakes shall conform with the requirements of Division 3.5. of the Land Development Code for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume. II-3 Packet Page G:\Curjent\Deselem\Pt:D Rezones Bristol Pines PUDZ-2� e �1S27s1PUD document final version 2-27-04.doc 4/26/2016 16.D.14. 2.7 RIGHTS-OF-WAY All platted project streets shall have a minimum 50-foot right-of-way, a deviation from Appendix B,Typical Street Section, B-4 and B-5 which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), and shall be private, and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.8 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor t.hanges and refinements as described in Section 6.3.C. of this RPUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Bristol Pines RPUD. Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the Developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or Master Condominium Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.10 MODEL, SALES,AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Division 2.3, Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. 11-4 Packet Page -1828- G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ----- \PUD document final version 2-27-04.doc 4/26/2016 16.D.14. B. Temporary Use Permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Section 2.6.33.4.1.5. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. C. The existing single-family principal structures may be used for temporary sales centers, and construction operation/rianagement offices, and may be served by the existing well and septic system.). Such use of the existing single-family structure must be in compliance with all applicable federal, state and local codes and permitting procedures. D. Temporary uses for sales centers may be serviced by temporary well and septic systems. E. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Bristol Pines RPUD. The temporary sales facility use must cease when the project is released to the control of the homeowners' association. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvals. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but not to exceed the project buildout date of December 31, 2006. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: II-5 Packet Page-1829 G:\Cucrent\Deselem\PUD Rezones\Bristol Pines PUDZ-= s\PUD document final version 2-27-04.doc 4/26/2016 16.D.14. A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage shall not be permitted in Preserve Areas. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Develops- shall obtain such permits prior to final development o d°r approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of tae Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 0.94 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic species. The RPUD Master Plan depicts one Preserve that will be platted as a Native Preserve tract. The one-acre Preserve depicted will be retained native vegetation. This is due to the fact that of the 22.77-acre project site, only 3.78 acres of the site is "native", by definition. Native Preserves shall have an average fifty-foot (50') width, but be no less than twenty feet (20'). The design, area, and configuration of the Native Preserves may be modified. However, the remaining Native Preserves shall not go below 0.94 acres in total area. Please refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract "P", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD document become a part of the Land Development Code and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the BRISTOL PINES RPUD District on the Official Zoning Atlas shall be governed by the .adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions of the Land Development Code. I1-6 Packet Page -1830- G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ- .--.--•-- _ ..,.,.,....,,..ts1PUD document final version 2-27-04.doc 4/26/2016 16.D.14. SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, sign:/ye, as well as project recreational/social facilities will occur within this Tract "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of develop nent plan review, but shall not exceed 159 dwelling units and be developed consistent with the project's AHDB agreement. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses derived from RMF-6: A. Principal Uses: 1) Single-family attached dwellings (including townhouses intended for fee simple conveyance) 2) zero lot line dwellings 3) single-family detached dwellings B. Accessory Uses: Customary accessory uses and structures including, but not limited to private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model Homes (See Section 2.10 of this RPUD Document). 3.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. III-1 G:'\Current■Deselem1PUD Rezones\Bristol Pines PUDZ-2 Packet Page-1831 s\PUD document final version 2- 27-04.doc 4/26/2016 16.D.14. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT SINGLE- SINGLE- CLUBHOUSE/ STANDARDS FAMILY FAMILY RECREATION DETACHED ATTACHED BUILDINGS ZERO-LOT LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. 10.000 S.F. MINIMUM LOT WIDTH 40 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F. N/A MIN FRONT YARD 23 FEET 23 FEET N/A From sidewalk from sidewalk MIN SIDE YARD 7.5 FEET 0 FEET or N/A 6 FEET MIN REAR YARD 15 FEET 15 FEET N/A MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 15 FEET or N/A ' BH whichever is greater MAX.BLDG.HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S Y BH REAR (ATTACHED) 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET I0 FEET 10 FEET MIN.DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of 15 feet or 1/2 BH whichever is greater MAX.BLDG.HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. BH: Building Height Notes: I) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. 2) _ No structures are permitted in the required,20 foot lake maintenance easement. 3) To ensure compatibility with the existing single-family residence lying south of the Bristol Pines property, only a single-story residential structure may be located adjacent to that residence. 4) A 15 foot wide setback must be maintained from any structure to any project perimeter property line. III-2 Packet Page -1832- G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-:,,.,_ .,,,,.,,,,,,,,,ts\PUD document final version 2-27-04.doc 4/26/2016 16.D.14. SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure .)r part thereof, shall be erected altered or used, or land Used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features; 3) Any other principal use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC at the time of the request for such use. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.4 DEVELOPMENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this document. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. B. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the CoIIier County Land Development Code in effect at the time of building permit application. IV-1 G.\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-20C Packet Page_1833-'UD document final version 2-27-04.doc 4/26/2016 16.D.14. SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "F", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands,including upland buffers,in their natural, and/or enha aced state. 5.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: Open spaces/Nature preserves. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. V-1 G:\Current\DeselemlPUD Rezones\Bristol Pines PUDZ-200 Packet Page-1834-PUD document final version 2-27-04.doc 4/26/2016 16.D.14. SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivisii n Plans (if required), and all applicable State and local :aws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply to this project, even if the land within the RPUD is not to be platted. The Developer, its uccessors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium/ homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.E of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee. shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the Developer. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan (GMP), and the Bristol Pines RPUD document. VI-1 G1CurrentDeselem\PUD Rezones\Bnstol Pines PUDZ-2(Packet Page-1835- 1PUD document final version 2-27-04.doc 4/26/2016 16.D.14. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.E of the Collier County Land Development Code. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the RPUD boundaries. 2) The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C.1) of this document: a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water conservation/preservation areas are affected, or otherwise provided for. d. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. V I-2 G:1Current\Deselem\PUD Rezones'Biistol Pines PUDZ-20 Packet Page 1536 PUD document final version 2-27-04.doc 4/26/2016 16.D.14. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This RPUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An annual RPUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code and be in the form of an affidavit by the property owner or designated agent. C. The project will be developed in one phase, and is anticipated to impact public facilities with permanent occupancy dwellings in late ;'all of 2004. Recreation, including playground facilities, and clubhouse facilities will be constructed simultaneously with the development of the residentia' product. A proportionate amount of recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy. 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria must be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements must be consistent with and as required by the Collier county Land Development code (LDC) B. Arterial level street lighting must be provided at all development access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements must be in place and available to the public prior to the issuance of the first CO. D. Road impact fees must be paid in accordance with Code of Laws, Chapter 74, as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights-of-way or public ingress or egress easements shall require a Right-of-way Permit. F. All proposed median opening locations must be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications must be based on, but are not limited to, safety, operational circulation, and roadway capacity. Vi-3 G.\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-20(Packet Page _1837 °UD document final version 2-27-04.doc 4/26/2016 16.D.14. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments must be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane impro"m:ent requires the use of existing County right-of- way or easement, compensating right-of-way must be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. This project and all adjacent developments will be encouraged to provide shared access or interconnections. Specifically, but not limited to, this project must be designed to provide interconnection to the property located to the southeast of this site because it is controlled by the same property owner. The developer, or assigns of this project, must assure that any such shared access or interconnection will be utilized and accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plats. L. The developer shall provide a 10-foot wide shared use path along either the east, or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. M. This project must, within the time frame set forth below, utilize a local street commonly referred to as Tree Farm Road for its sole access point, when: 1) the developer acquires legal ownership or access to the right-of-way of Tree Farm Road, and the County acquires the 40 feet the ROW acquisition for Tree Farm Road required by the Nicaea Academy PUD, and then the developer alone or with others thereafter immediately constructs Tree Farm Road,; or 2) Tree Farm Road is constructed to the project's/development's proposed access point as set forth on the PUD Master Plan on Tree Farm Road, and is lawfully available for use by the project/development. • Within six months of the Tree Farm Road access opening, the developer must commence removal of any access or bridge connection to CR 951 at no cost to Collier County, and any access onto Collier Boulevard other than Tree Farm Road must be closed and abandoned. VI-4 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-20 Packet Page -1838-SPUD document final version 2-27-04.doc 4/26/2016 16.D.14. This project's access is subject to additional limitations for any direct access to Collier Boulevard as part of site plan approval. Access along Tree Farm Road will not require compensating right-of-way for an eastbound right turn lane at the future access point. Furthermore, Transportation Staff will support a full median opening at the intersection of CR 951 and Tree Farm Road, or nearby alternate location provided the adjoining property owners agree to dedicate the necessary right-of-way and construct Tree Farm Road in accordance with County standards. This access requirement is consistent with the 40-foot dedication from the Nicaea Academy PUD project that will be dedicated by that project for the entire length of the southern line of the Nicaea Academy PUD property. 6:1 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. • C. The project must obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development plan approval. 6.8 UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. D. Sewer availability is subject to construction and placement into service of a proposed 16' force main along Collier Boulevard. VI-5 G.1Current\Deselem\PUD Rezones\Bristol Pines PUDZ-20 Packet Page 1839 PUD document final version 2-27-04.doc 4/26/2016 16.D.14. 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts u- easements on all constru ctiDn plans, and shall be recorded on the plat with protecti-ve covenants per, or similar to, those found in Section 704.06, of the Florida Statutes Conservation areas sha.i be dedicated on the plat to the project's homeowner' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. C. Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. D. Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. F. The RPUD shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. G. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Plat/Construction Plan approval. 6.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for the clubhouse facilities, a construction operation/management office, and model center, which may be constructed after zoning approval. VI-6 G:1Cu rent\Deselem\PUD Rezones\Bristol Pines PUDZ-2(Packet Page 1840 BUD document final version 2-27-04.doc 4/26/2016 16.D.14. 6.11 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval. 6.12 LANDSCAPE BUFFERS,BERMS,FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms may have the for,wing maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 B. Retaining wall and buffer wall maxi num height: The retaining wall must not exceed 24 inches, and the total of retaining wall and fence cannot exceed 8 feet in height as measured from the finished grade, a deviation from LDC Section 2.6.11.6., to allow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the wall is constructed on a perimeter landscape berm C. Landscape buffer plantings must be placed outside of the wall locations, a deviation from LDC Sections 2.6.11.4.2. and 2.6.11.5. that require fences in all zoning districts to be screened from view. Chain link fencing is prohibited; the developer must provide perimeter walls. D. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. 6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.14 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. 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Na ! 4/26/2016 16.D.14. 4 O ce 2 P. 2 2 UsIo j-MOKALEE ROAD (R. 846) NAPLES-IMMOK AE ROAD (CR. 846) LAUREL OAK GULF COAST ELEMENTARY SCHOOL HIGH 'GI.JOL ,r, NORTH COUNTY REGIONAL/ ® , WATER TREATMENT FACILTTY i o C DAK RIDGE MIDDLE SCHOOL i 2:7: BRISTOL � ti PINES _ A O PROJECT DISTRICT p1, R LOCATION 'ATM NAPLES o VARIATION VANDERBILT BEACHAD EXT. VANDERBI 7 BEACH ROAD C%T. w J N m o to ... Q > GOLDEN GATE FIRE oo g CONTROL & RESCUE re DISTRICT STATION 71 .§ S GOLDEN GATE BOULEVARD i K 4 q S 2 J C ZI U _2 PINE RIDGE ROAD C.R. 896) PINE RIDGE ROAD EXT.(C.R. 896) WHITE BOULEVARD I T_. 1 d Jm m 4V GREEN BOULEVARD w N m .4... < C V O J < 11 m r� _ 'w DISTRICT #2 a A . GATE le o vl m ®SUBSTATION 5 .z <,..........).7. 9 I L to. 4. . .., g (C.R. 886 G o rlD GATE PARKWAY U N 3 ®COLLIER COUNTY WATER-SEWER DISTRICT 2 SOUTH WATER TREATMENT FACILITY a O INTERSTATE - 7^"� wS a O S COLLIER COUNTY v a LANDFILL ARP % RADIO ROAD (C.R. 858 ��`�� Feb 05. 2003 - 09:30:18 P:\20C2 Projects\02-0151.01 Bristol Pines PUD\0003 Rezoning Applicotion Support\Public Facilities\20151X02.dreg DATE FEB„ 2003 CLIENT: RwiAnqc. BRISTOL PINES PUD Engineers, SCALE T Surveyors&Mappers, N.T.S. _ .Z ON V V 1 .�1 Planners,Project Managers D�"�" BY: TITLE: PUBLIC FACILITIES MAP 3050 North Horseshoe Dnve,Suite 270 CHECKED BY: EXHIBIT E Naples.Flerida 34104 D.H.N. Phone:(239)649-1509 SEC: TYP: ROE: PROJECT r• i SHEET 1 FI_E 20151 r FAX:(239)649-7056 35 48S 26E NUMB_..:'-' .O NUMBER: OF I I NJMBER XOL Packet Page -1848- • • 4/26/2016 16.D.14. AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2004, by and between Waterways Joint Venture IV, a 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 Developer's intent to construct a maximum of one hundred fifty nine (159) residential units (the "Units") at a density of 6.98 units per gross acre on the Property. The gross acreage of Property is 22.77 acres. The number of affordable Units constructed by Developer shall be 16, representing 10.06 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 93-89, § 3, as Land Development Code (LDC) § 2.7.7. 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 sixty eight (68) bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of three (3) 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 sixteen (16) 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. Page 1 of 20 Packet Page -1849- 4/26/2016 16.D.14. 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 § 2.7.7.4.5., "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) Eligibility 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 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 created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., 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 Page 2 of 20 Packet Page-1850- 4/26/2016 16.D.14. 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 §2.7.7.5.2. (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 or 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 appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable housing unit under the affordable housing density bolus 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 § 21.7., 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 Paae 3 of 20 Packet Page -1851- 4/26/2016 16.D.14. minimum, provide any information reasonably required to insure compliance with LDC § 2.7.7., 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 three (3)density bonus units per acre, for a total density (total= density bonus units per acre X gross acreage) of seven (7) units/ac, pursuant to LDC § 2.7.7. The Commission further agrees that the Developer may construct thereon, in the aggrenr,te a maximum number of one hundred fifty nine (159) units on the Property provided the Developer is able to secure building permit(s)from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) 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 § 2.7.7. 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 § 2.7.7. 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. Page 4 of 20 Packet Page -1852- 4/26/2016 16.D.14. b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC §2.7.7., 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. Mail, 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 § 2.7.7., 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 § 2.7.7., as amended. 6. Assignment 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 express written consent of the Commission as required by this Section shall be void ab inifio. 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, Florida 34120 Attention: Richard Davenport Page 5 of 20 Packet Page -1853- 4/26/2016 16.D.14. With copy to: Richard D. Yovanovich, Esquire Goodlette, Coleman &Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, Florida 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. 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 Developer'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 §2.7.7.4.1.9. 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. Page 6 of 20 Packet Page-1854- 4/26/2016 16.D.14. 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. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. 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 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 10 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. Packet Page -1855- 4/26/2016 16.D.14. 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. 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS p COLLIER UNTY, FLORI A 6414 £n. Ci.'f-kr,Ltip, i,•L Deputy Clerk ,' 4., Attot,Rk f50 Chiir l`Y By Do na Fiala, Chairman s ignatuO, :di+f,x,;, App ove s to form and legal sufficiency: f � Patr ck ' 'White Assistant County Attorney i.L 1 1. py ;' 1 R. '.,, —:1-oy h Packet Page -1856- 4/26/2016 16.D.14. DEVELOPER: WATERWAYS JOINT VENTURE IV, a Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership Witnesses: its general partner By: Waterways Development, Inc. Witness a Florida corporation Printed Name its General Partner By: Witness Richard Davenport, President Printed Name 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 day of 2004. Notary Public My Commission Expires: Packet Page -1857- 4/26/2016 16.D.14. 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 IN('OMil'; (60% Nil) Efficiency 1 Bedroom • 2 Bedroom 3 Bedroom — 16 —— — 4 Bedroom — —__-- ------ —.._. TOTAL -_ 16 VERY LOW INCOME (50%MI) 1-fliciency — — I 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 (I) Base residential density allowed in this development 4 units/acre. (2) Gross acreage 22.77 . (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 3 units/acres. (4) Gross residential density of this development(including affordable housing density bonus units) 6.98 units/acre. (5)Percentage of affordable units pledged by the developer(as a percent of the total number units in the development) 10.06 %. (6)The initial sales price and any subsequent sales price within these fifteen(15)years for any affordable housing unit may not exceed the maximum home sales price set by the Florida Housing Finance Corporation and adopted by the Collier County Board of County Commissioners in the Collier County Local Housing Assistance Plan. Packet Page-1858- 4/26/2016 16.D.14. APPENDIX A,EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LUC § 2.7.7.3., 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 liar 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-lamily) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, fables A and B, below, shall be used. "fables A and [3 shall he 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 'fable 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 fable 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, 'fable 13 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 (Al 11)13) 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(AI IDB)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 13. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in "fable 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. Packet Page -1859- 4/26/2016 16.D.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 TOLD INCOME EFFICIENCY 2 3 OR AND I MORE MODERATE(OWNER-OCCUPIED. 0 I* I* SINGLE-FAMILY) LOW(OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE FAMILY OR MULTI- FAMILY) 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% 40% 1 0 0 1 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Packet Page-1860- 4/26/2016 16.D.14. APPENDIX A,EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances,adopted by the Board 01-County Commissioners, December 16, I 992, moderate income is 61':%to 8(14• of the median income,In income is 51% to 60%of the median income and very low income is less than 50%of the median income. MEDIAN INCOME 2001 565,000 Naples, MSA(Collier County) NUMBER OF MEMBERS IN FAMILY 2 3 4 S 6 7 8 • 100% 45,500 52.000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36.400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27.300 31.200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26.000 29,250 32.500 35,100 37,700 40,300 42,900 7.).'/ 15,925 18,200 20,475 72,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14.625 16,250 17,550 18,850 20,150 21,450 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 I lousing Tax Credit(LIH 1'C)programs. The rents given below are based on 2001 data from FI IFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County !lousing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 1,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 UTILITY ALLOWANCES ONE B/R TWO B/R THREE B/R 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. f/c'�nsitybonus/inc&rent rev.4/ Packet Page -1861- 4/26/2016 16.D.14. • APPENDIX B,EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt. Of Sec. Deposit: Yutu Name: Race/National Origin: Iandicap: Yes.---- No ._-- Co-Tenant Name Race/National Origin: Handicap: Yes No Present Address: -- Street City State Zip Telephone No. Name of Landlord Tlow Long at this Address:_- Landlord's Address: ——---- Street City State Zip telephone e No. I l 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: I lourly $ Weekly $ Every 2 Weeks$ Monthly$ Social Security Number Birth Date --- Pr.""ious Employers Name Address and Telephone No. 1-low 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$ Weekly$ Every 2 Weeks$ Monthly$ 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 SEX AGE SOCIAL SECURITY 1. 2. 3. PERSONAL REFERENCES(Not Relatives? 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Packet Page -1862- 4/26/2016 16.D.14. 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 S $ $ $ Welfare $ $ $ _ $ Food Stamps $ - $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self-Employment Business, 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. Packet Page -1863- 4/26/2016 16.D.14. APPENDIX B,EXHIBIT C AFFORDABLE HOUSING A1'PLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Title: Address: --_ — Street City State Zip ,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 i, entif ication. Witness my hand and official seal this day of ,2004. (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 ,2004. (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 AFFnRDABLE UNIT. Packet Page -1864- 4/26/2016 16.D.14. APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to I DC § 2.7.7.2.4., 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 Housing and Urban Improvement 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 22.77 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 December 20.2002, and if the request has been approved,state the Ordinance number 3. Gross density of the proposed development. 6.98 units/acre. Gross acreage of the proposed development. 22.77 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a plrnned unit development(PUD)? X Yes No. If yes,please state name and location of the PUD and any other identifying information. Bristol Pines PUD 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 Occupied Efficiency One Bedroom Two Bedroom • Three Bedroom - 159 Other Bedroom • TOTAL 159 Packet Page -1865- 4/26/2016 16.D.14. TABLE 11 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 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL LOW INCOME 6V/0 M Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 16 16 Other 0 TOTAL 0 VERY LOW INCOME 50%MI Efficiency 0 1 Bedroom J0 2 Bedroom 0 3 Bedroom 0 Other 0 TOTAL 0 Packet Page -1866- 4/26/2016 16.D.14. 7. Please provide a physical description of the affordable units by type of unit (moderate, low, 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-l9 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,including a microwave 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 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 lee 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.-None. • Packet Page-1867- • 4/26/2016 16.D.14. EXHIBIT"A" BRISTOL PINES LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH,RANGE 26 EAST,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89°56'57"E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02°16'29"E,FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT,ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35,TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY,ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35,N 89°56'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02°16'25"E FOR 639.48 FEE I'; ; THENCE SOUTH 89°56'32"W FOR 1552.27 FEET TO A POINT ON TIME EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT,BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35,N 02°16'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 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 NORTH 89°56'57"EAST. Packet Page -1868- 4/26/2016 16.D.14. 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 2004-10 Which was adopted by the Board of County Commissioners on the 24th day of February, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of March, 2004 . DWIGHT E. BROCK , of Courts40710S1 k:. Ex-officio to;�' at of ''�° County Commis` 0a' 6' `$ ';': 44tota) 'Nati JJj.�' ti ,9b . By: Linda A. 'inv?.ilt, '��t`, ',� C • � t;ty lerk,"L ; v�� Dep Packet Page -1869- 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL 34112 File# FY16-053-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B,"the amount of the deferred impact fees is Eight Thousand Eight Hundred Thirty-One dollars and 17/100 ($8,831.17). 5. The deferred impact fees shall be a lien on the properties described in Exhibit"A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [1 6-SOC-00688/1251202/1] 1 Packet Page -1870- 4/26/2016 16.D.14. mortgage or other security interest, this Iien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-S0C-00688/1251202/1] 2 Packet Page -1871- 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or has produced as identification. .[NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: C,.9>c& Jennifer A. Belpedio Kimberley Grant Assistant County Attorney Director—Housing and Human Services bc [16-S0C-00688/1251202/1] 3 Packet Page -1872- 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 162, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778005300 STREET ADDRESS 7981 Bristol Circle,Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,567.00 H. Regional Parks $1,041.97 1. School $1,671.84 TOTAL IMPACT FEES $8,831.17 [16-SOC-00688/1251202/1] 4 Packet Page -1873- 0 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL 34112 File# FY16-054-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines. LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand Eight Hundred Thirty-Eight dollars and 53/100 ($8,838.53). 5. The deferred impact fees shall be a lien on the properties described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-SOC-00688/1251200/1] 1 Packet Page -1874- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-SOC-00688/1251200/1] 2 Packet Page -1875- , 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio Kimberley Grant Assistant County Attorney 0~' Director—Housing and Human Services [16-SOC-00688/1.251200/1] 3 Packet Page -1876- �,' 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 170, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778005465 STREET ADDRESS 7947 Bristol Circle, Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $94.37 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,567.00 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,838.53 [16-SOC-00688/1251200/1] 4 Packet Page-1877- 4/26/2016 16.D.14. Return to Division of Community and Iluman Services 3339 E Tamiami Trail Naples,FL 34112 File# FY16-055-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged,the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand Seven Hundred Thirty-Five dollars and 88/100 ($8,735.88). 5. The deferred impact fees shall be a lien on the properties described in Exhibit"A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall teiiiiinate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-SOC-00688/1251171/1] 1 Packet Page -1878- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8, This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-SOC-00688/1251171/1] 2 Packet Page-1879- • 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of ,20 , by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio ( , \IL0 Kimberley Grant Assistant County Attorney Director—Housing and Human Services [16-SOC-00688/1251.171/1] 3 Packet Page 4880- 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 214, BRISTOL PINES, PHASE 11, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778006341 STREET ADDRESS 7737 Bristol Circle,Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $643.43 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,735.88 [16-SOC-00688/1251171/1] 4 Packet Page -1881- 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL 34112 File# FY16-056-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit"B," the amount of the deferred impact fees is Eight Thousand Seven Hundred Forty-Two dollars and 93/100 ($8,742.93). 5. The deferred impact fees shall be a lien on the properties described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-S0C-00688/1251180/1] 1 Packet Page -1882- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-SOC-00688/1251180/1] 2 Packet Page -1883- 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio Kimberley Grant Assistant County Attorney � �c, Director—Housing and Human Services [16-SOC-0068811 251180/1] 3 PA Packet Page -1884 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 211, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778006286 STREET ADDRESS 7749 Bristol Circle,Naples,FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $252.37 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $643.43 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,742.93 [16-S0C-00688/1251180/1] 4 Packet Page -1885- 11) 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339£Tamiami Trail Naples,FL 34112 File# FY16-057-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the"Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B,"the amount of the deferred impact fees is Eight Thousand Five Hundred Nineteen dollars and 87/100 ($8,519.87). 5. The deferred impact fees shall be a lien on the properties described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-SOC-00688/1251181/1] 1 Packet Page -1886- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman {16-SOC-00688/1251181/1] 2 Ovj Packet Page-1887- 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20 , by ., who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio 1p Kimberley Grant tiN Assistant County Attorney Director—Housing and Human Services [16-SOC-00688/12511.81/1] 3 Packet Page -1888- (E) 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 210, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778006260 STREET ADDRESS 7753 Bristol Circle,Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,519.87 [16-SOC-00688/1251181/1] 4 Packet Page -1889- � � 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Trail Naples,FL 34112 File# FYI6-058-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit"B," the amount of the deferred impact fees is Eight Thousand Five Hundred Nineteen dollars and 87/100 ($8,519.87). 5. The deferred impact fees shall be a lien on the properties described in Exhibit"A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-S0C-00688/1251185/1] 1 Packet Page -1890- CI) 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its•sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-S0C-00688/1251 1 85/1] 2 Packet Page -1891- 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20 , by who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio Kimberley Grant Assistant County Attorney 0),-)7 Director—Housing and Human Services [16-S0C-00688/1251185/1] 3 Packet Page -1892- 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 203, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778006121 STREET ADDRESS 7781 Bristol Circle, Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,519.87 [16-S0C-00688/1 25 1 1 85/I] 4 Packet Page -1893- '� 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL 34112 File# FY16-059-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand Five Hundred Nineteen dollars and 87/100 ($8,519.87). 5. The deferred impact fees shall be a lien on the properties described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-S0C-00688/1251186/1] 1 Packet Page -1894- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-SOC-00688/1251186/1] 2 Packet Page-1895- 'o 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of ,20_, by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio Kimberley Grant Assistant County Attorney U`' G,..`', Director—Housing and Human Services [l6-SOC-00688/1251 l86/l] 3 Packet Page -1896- 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 202, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778006105 STREET ADDRESS 7789 Bristol Circle, Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,519.87 [16-S0C-00688/1251186/1] 4 Packet Page -1897- 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL 34112 File# FY16-060-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand Five Hundred Nineteen dollars and 87/100 ($8,519.87). 5. The deferred impact fees shall be a lien on the properties described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-SOC-00688/1251187/1] 1 Packet Page -1898- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-SOC-00688/1251187/1] 2 Packet Page -1899- 60° 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20_, by ,who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: 45"/ ' - tk 3-,1_,(c,,,,,(3,-,:::,, Jennifer A. Belpedio _ P Kimberley Grant Assistant County Attorney -.�,`;-' Director—Housing and Human Services [16-SOC-00688/1251187/I] 3 Packet Page -1900- Oil 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 195, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778005960 STREET ADDRESS 7817 Bristol Circle, Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I, School $1,671.84 TOTAL IMPACT FEES $8,519.87 [16-S0C-00688/1251 187/1 J 4 Packet Page -1901- 451 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL.34112 File#FY16-061-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B,"the amount of the deferred impact fees is Eight Thousand Five Hundred Nineteen dollars and 87/100 ($8,519.87). 5. The deferred impact fees shall be a lien on the properties described in Exhibit"A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-S0C-00688/1251188/1] 1 Packet Page 4902- CR 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-SOC-00688/1251188/1] 2 Packet Page -1903- ® 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: - (J C Jennifer A. Belpedio \\\° Kimberley Grant Assistant County Attorney y i Director—Housing and Human Services [16-SOC-00688/1251188/1] 3 Packet Page-1904- 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 194, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778005944 STREET ADDRESS 7821 Bristol Circle, Naples, FL 34120 EXHIBIT"B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,519.87 [16-S0C-00688/1251188/1] 4 Packet Page -1905- � � 4/26/2016 16.D.14. Return to Division of Community and[Inman Services 3339 ETamiami Trail Naples,FL 34112 Fite# FY16-062-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged,the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand Five Hundred Nineteen dollars and 87/100 ($8,519.87). 5. The deferred impact fees shall be a lien on the properties described in Exhibit"A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-S0C-00688/1251189/1] 1 Packet Page -1906- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services, If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman {16-S0C-00688/1251189/1] 2 Packet Page -1907- 0.0 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio , , Kimberley Grant Assistant County Attorney Director—Housing and Human Services [16-SOC-00688/1251189/1] 3 00 Packet Page-1908- 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION A portion of Lot 260 in favor of Lot 257 as shown on Exhibit "1" and Exhibit"2" attached hereto and made a part hereof. Parcel No. 24778007201 STREET ADDRESS 7834 Bristol Circle, Naples, FL 34120 EXHIBIT"B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,519,87 [16-SOC-00688/1251189/1] 4 Packet Page-1909- 4/26/2016 16.D.14. OR 5198 PG 3420 Pi 1 iii g :ii —1 6 m'�e r os.�amn A Al Ott E L ii; g i il t- I ' love x as.to.00s I 0 1 I o i-':., h 4 ♦ \ .. ;'.,;R —4-- _ t.. Cpl ! ��J E I I � / - *1.L-'-'-- --' -7---- 77', 7\7 i 1 -F, .ii T-rnT1)--) `t ' ■� ;� ), \��.,/ ,_„__/ c.— :. LAY—"-Z/7, i ii ti 1 ii" t -, t ,E).t.„ 5 0 lari; IX zili pi = 1 4 i i:x! 1 Q gi 2. tit Ell 1 k ;0 R irli C P a 6g, a1 i egva 5 �a" b� o m6 OR F-2 E 3 11 P.°1.-;^ 0 P P:i 1 I a S 73.:1-4;" i n n 1 K i , R • 'frib;r2' [16-SOC-00688/1251189/1] 5 Packet Page -1910- 4/26/2016 16.D.14. *** oR 5198 PG 3421 *** C R 1E4 1 ., 1 . LASTCIR.Y WC Or • TRACT 1-1'(CARL OL) Si i 1 C,— ' N cm r t r. gA ° Ey • in I >N n E _W NT m iO m N ® N H P i s cfl :0 _fi . 1 : ,m, — _ _ 3 g _( EW. AUL>_��5T1RLY R.O.W.USE n }r " l BRI� Mal TR r_.) (,( .,:.:( () )j)1 ,.\\/(_ ). 1 . 44A, jA it `.�'�ff % u IiI' i' h Y F s p Y a� aR PF ink :q xhi S E i-Lro a ?P y i --G E J K o k r -Q 8 R A qP Ili!n ro � > s n Eg: 5.,:. Qg ga sg<' F 4 & Iliiii19. [7t S: Re.ipt y a mEn Y; R13Rm, SW /1 V14= 0 i C4tesh« A g� B fi sM S (1 yp� p:y R 2 t1� O 11 x y v X:4„ F>, �o P g�7 m Q PI^-,,... A' R . 4 R L o eaibif 2• • [16-SOC-00688/1251189/1] 6 Packet Page -1911- 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL,34112 File#FY16-063-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand Five Hundred Nineteen dollars and 87/100 ($8,519.87). 5. The deferred impact fees shall be a lien on the properties described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-SOC-00688/125 l 190/1] 1 Packet Page -1912- 4/26/2016 16.D.14. mortgage or other security interest, this Iien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-S0C-00688/1251190/1] 2 Packet Page-1913- 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: 1 Jennifer A. Belpedio j Kimberley Grant Assistant County Attorney Director—Housing and Human Services [16-S0C-00688/1251190/1] 3 ovD Packet Page -1914- 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION A portion of Lot 260 in favor of Lot 259 as shown on Exhibit"1" and Exhibit"2"attached hereto and made a part hereof Parcel No. 24778007243 STREET ADDRESS 7842 Bristol Circle,Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,519.87 [16-SOC-00688/1251190/1] 4 Packet Page -1915- 4/26/2016 16.D.14. OR 5198 PG 3432 I ` ` , EX I .1 P a I a eevroo — • 'mA N r inz u nl 1.7t- ',It, I Ny n Vh'i„4 N e l ; �q-� U I y1 N• Env".. n -- ..n i I Nm g \+ o N YQ ^no �., ,6D'66 M°BS�10.00N ry��„ N 228 N - .1 0 V r,9C O D V rQ g m v .f§ �S' nz Ijn g "o DC^,,oT L .t1 • l x°�rn ei .69'06 3.66ti4Z0S h. ` V ,2 ▪ z �£ o °z il I,.. (''Cl(0) 1 p_.)\ V-7 , I .... 0 ) --1------ LLA–P L2015000104 9 /=)9 0 II 1' -, REV: 1 �. _ m ,11-' Q� H ee q�� a 1- . p i 1 ,AAAP.F,g4 va,m arZ 51^ . _"� i,7 _ ,B s� A r 1`' $ t9'' ' A rq° G g AX 9,PRI $4, g o 6E vpp "yam 4 m •y —c.v. n Or go: v O •tl Sy �H GI. p$Py ' e ay to t• �, '�i, A • -.. , . :c„ " " m # m t" tl8 ° g ": N o GP c \i0 •-- g 2 m le 2 i N-ao "o T m°9xeR5'2 n I A o n co▪ "' g 2, . [16-S0C-00688/1251190/1] 5 OVD Packet Page -1916- 4/26/2016 16.D.14. p14 OR S198 PG 3433 *** �'A OP , EASTERLY UKE OF A TRACT Y-t•(LAKE,D.C.) N8 p -- - cz i — o I -' "{ z I • p b f "r_I — S N En rf g U� °a a" I ; I c RAR g i MA 03 I0 g.n 9 i .N N rn Z v C N ' ( � ' N ",V. N CO m H — — 1-1'.. d N wag • n N RI, o H '�H _ r'l yyid� my AmN y G0 —�_' vmo ,'',. 14 i 11 ' I o o Ai -R.p A7 . O o v BRISTOL CI OLE'7ACT•%-S' •.W„A. D.E. C.U.E.k P.U.E.) WY(•p7, c- to te�e, y t t �i� �0 ° ) —Z---��� INN!mt ,/. ' Ff,./..-.) > f•� n,•fixQ Yi ( N - › 9 `/ - A rg g, Iy�IZ oQL22 y9 -� >, � t�.. - �< ,, y m B f�Z fyjR"pYp pRAR PA Q Z'1 61�. -' On Y� ZAvC �> Q gqaT Nf m I�'� 4p T 8 pNp 041e2,2 l.,oom i EZv. 1 - 9 1O S �y ,, a - �A P p nnvp o C E1(y(7 v a P. Z g'Z Z? m 0 � Ay y IF°ygt(�yo ? o a gci °c o nQ ° 6� w 7Y O o 0 $fti 4 Y, 2° ngX Pa o P� �Q M C do g j g6d roU ZzQ �j1 P7-' N y4 $ylri PN ^ R 1.M "P.41,3 M o $ Y �4G $m o 05,m!'d 3 i Q� ph 0 grn Q °trill . - ',,;,g,,,,, t=j 1 0.. Rg RA T ig.. 1pgr, tA A B: . R..HAR * 0 a m x • 8 li c E v :�1 _ R c ,, e, o $ ? tv W c j [16-SOC-00688/1251190/1] 6 Packet Page -1917- 01/3 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL 34112 File# FY16-064-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016,. between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B,"the amount of the deferred impact fees is Eight Thousand Five Hundred Nineteen dollars and 87/100 ($8,519.87). 5. The deferred impact fees shall be a lien on the properties described in Exhibit"A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first {16-S0C-00688/1251196/1] 1 Packet Page -1918- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-S0C-00688/1251196/1] 2 Packet Page -1919- 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20 , by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio Kimberley Grant Assistant County Attorney vp Director—Housing and Human Services 0. [16-SOC-00688/1251196/1] 3 Packet Page -1920- 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 187, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778005805 STREET ADDRESS 7849 Bristol Circle,Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,255.70 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,519.87 [16-SOC-00688/1251196/1] 4 Packet Page-1921- c' ., 4/26/2016 16.D.14. Return to Division of Community and Human Services 3339 E Tamiami Trail Naples,FL 34112 File#FY16-065-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and `Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 1 The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand Eight hundred Thirty-One dollars and 17/100 ($8,831.17). 5. The deferred impact fees shall be a lien on the properties described in Exhibit"A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first [16-S0C-00688/1251198/1] 1 Packet Page -1922- 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-SOC-00688/1251198/1] 2 Packet Page -1923- 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or has produced as identification. [NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio Kimberley Grant Assistant County Attorney Director—Housing and Human Services [16-SOC-00688/1251198/1] 3 Packet Page-1924- fib 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION A portion of Lot 266 in favor of Lot 265 as shown on Exhibit "1"and Exhibit"2"attached hereto and made a part hereof. Parcel No. 24778007382 STREET ADDRESS 7884 Bristol Circle, Naples, FL 34120 EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. Community Parks $427.42 G. ROAD $4,567.00 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,831.17 [16-S0C-00688/1251198/1] 4 Packet Page -1925- COW 4/26/2016 16.D.14. OR 5198 PG 3438 O roriaG, 02 ^' / m g EASTERLY UNE Of to TRACT'L-r(LAKE,D.E.) , <6 �zzz ,rp GO \ _...._..-__... e wR NP I o 1 .. e2 i0 3� � r N �s�: � U --r �f�I CO _�_ —T —"-- �R Nga4A _ IWI - �1 N P4 °I � -_ I u ti .7 I L. ._. �_..._... - • N N 1 1 n9 v O1 N f N J I oD b Ol QI O =O7 uQ N u 8 w ii 4 - im m c m 1, 9 I I N ^z'g . SE'S "c n S r^ ,y I _ - _ sm c°. -m I ' mss:._. a n o / S1t8LY 8.0.W.1)N -- —' . SRI OL CIRCLE TRACT'K-3' v --\ f R.O.,-A.E. D.E..C.O.E,8 P.U.E.) UM;VQ A LC �m r Q r f'lIP i . h 9q444iXn6r4 ax\ 2 gg). 4 A aE s 08u1Vwt. 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J ® . 11 P — o , M T SY6B 3.6l,YLZOS //� __ / ® y U -- YEsTatLY ROW UNE.-- m p A Z Z - J.,-7-7,-,z----_, BRISSOL CIRCLE TRACT'X-J' Z ; �`-f C RDW.A.E.O.EC.U.E B P .0.E) o / � J, � n - _ ._ . .. _.-_- rpno „p 4 .r N _ J r pAe, \J +j PO ' )1- ; `� f gfl (7i. E" °vI� am GO gl C11 -* b Ol ITi§ my 9 ft2 tun? >X Ql2 ° P.> N 1 fAM $a.,5 SQ tun hl ° r�l M r " S ,';4i 43 ly^ p 6s a �yy�yy ..2 r"o''D '.O p N Rm g 2° in P 2° ° Fp €P5g � ^yu o m . o ms., 9, ?N• M R' °NO Pi R °AP 9:: R o ou ' . -a o Yllrf - r'!ILttt0Pfff..rte.r�,' r0 N" a °z8 R C k J-z W.,, hl ov Apo yp 0 1 "n 9 V 6 13Rf Cm if Q n a ;n°b z 2 °gi p i ' - _ a�ZC,,, S 11 1 ! rr 1 u r 1 ^o p 1 [16—SOC-00688/1251198/1] 6 Packet Page -1927- CI : 4/26/2016 16.D.14. Return to Division of Community and Duman Services 3339 E Tamiami Ti.ail Naples,FL 34112 File# FY16-067-CWIF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of , 2016, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bristol Pines, LLC" (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged,the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from execution of this Agreement by the Board of County Commissioners until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Eight Thousand Eight Hundred Thirty-One dollars and 17/100 ($8,831.17). 5. The deferred impact fees shall be a lien on the properties described in Exhibit"A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the Iand, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first {16-SOC-00688/1251203/1] 1 Packet Page-1928- �� 4/26/2016 16.D.14. mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Donna Fiala, Chairman [16-S0C-00688/1251203/1] 2 Packet Page -1929- 4/26/2016 16.D.14. DEVELOPER: BY: WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of , 20_, by , who is personally known to me or has produced as identification. NOTARIAL SEAL] Signature of Notary Public Print Name of Notary Public Approved as to form and legality: Recommended Approval: Jennifer A. Belpedio Kimberley Grant Assistant County Attorney Director—Housing and Human Services o,. \' [16-S0C-00688/1251.203/1] 3 Packet Page -1930- 0 4/26/2016 16.D.14. EXHIBIT "A" LEGAL DESCRIPTION LOT 157, BRISTOL PINES, PHASE II, according to the plat thereof, as recorded in Plat Book 46, Page 67, of the Public Records of Collier County, Florida. Parcel No. 24778005203 STREET ADDRESS 8001 Bristol Circle, Naples, FL 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $87.01 B. Government Buildings $388.48 C. Jail $245.32 D. Law Enforcement $241.85 E. Libraries $160.28 F. SFD Community Parks $427.42 G. ROAD $4,567.00 H. Regional Parks $1,041.97 I. School $1,671.84 TOTAL IMPACT FEES $8,831.17 [16-S0C-00688/1251203/1] 4 Packet Page -1931- 4/26/2016 16.D.14. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is entered into and made on this 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 1 p Packet Page -1932- 4/26/2016 16.D.14. 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, 2 Packet Page -1933- 4/26/2016 16.D.14. 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 3 Packet Page -1934- 4/26/2016 16.D.14. 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 4 Packet Page -1935- e 4/26/2016 16.D.14. 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. 5 e Packet Page -1936- 4/26/2016 16.D.14. AS TO COUNTY: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legality: Jennifer A. Belpedio (� Assistant County Attorney ot\. AS TO DEVELOPER: By: STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me this day of , 2016, by , who is ( ) personally known to me or ( ) produced as identification. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) Commissioner Expires 6 Packet Page -1937- 4/26/2016 16.D.14. EXHIBIT Prepared by Patrick G.Whit Asst.Collier County Att'y. 3301 Tamiaml 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. a 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 29, 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. Page 1 of 22 Rev 7/8/2005 Packet Page -1938- 4/26/2016 16.D.14. 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 (30) 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) Eligibility 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 Page 2 of 22 / w Packet Page -1939- 4/26/2016 16.D.14. 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 Page 3 of 22 Packet Page-1940- 4/26/2016 16.D.14. 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 (41 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 (2921 units on the Property provided the Developer is able to secure building permits)from Collier County. Page 4of22 f7�� Packet Page -1941- 4/26/2016 16.D.14. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) 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. Mail, 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. Assignment 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 Page 5 of 22 rj1 Packet Page-1942- 4/26/2016 16.D.14. 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 Deveioper, its agents or employees, arising out of or incidental to the performance of this Agreement. Page 6 of 22 . -- . . _ .- Packet Page -1943- 4/26/2016 16.D.14. 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 Page 7 of 22 �f Packet Page -1944- 4/26/2016 16.D.14. 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 10 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. Page8of22 11"1 Packet Page -1945- 4/26/2016 16.D.14. 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: Patrick G,white Assistant County Attorney Page 9 of 22 in� Packet Page -1946- 4/26/2016 16.D.14. DEVELOPER: WATERWAYS JOINT VENTURE IV, A Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership its general partner Witnesses: By: Waterways Development, Inc. a Florida corporation Witness its General Partner Printed Name n.)J// /.): i'. , '41A t,4,4a.V-m`46t.t)ain e. By: ;''' '. Witness Richard Davenport, President Printed Name Me IISSG 1•M`Fa✓Iarne 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 (9 7 day of )tr- , 2005. Notary Public My Commission Expires: STEPHANIE KEENEY �.; a NY COMMISSION It DD 2&9174 EXPIRES:Januery 21,2008 • ' &d.d1NU Nadry i,bk tkihrMln Page 10 of 22 Packet Page -1947- 4/26/2016 16.D.14. 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 ' Packet Page -1948- 4/26/2016 16.D.14. 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 NORTHWE§T 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 12of22 �•'f Packet Page -1949- 4/26/2016 16.D.14. 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 4 units/acre. (2) Gross acreage 4.1¢ (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)JQ,%. Page 13 of 22 Packet Page-1950- 4/26/2016 16.D.14. 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 rr` Packet Page -1951- 4/26/2016 16.D.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 1 � M 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 I 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% 40% 1 0 0 1 2 2 0 I 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 15 of 22 1,Y\ Packet Page -1952- 4/26/2016 16.D.14. APPENDIX A.EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74,Section 74-402(a)(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 2 3 4 5 6 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 $506 UTILITY ALLOWANCES • ONE B/R TWO B/R THREE B/R FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of' Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS, Page 18 of 22 Packet Page-1953- 4/26/2016 16.D.14. APPENDIX B.EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt.Of Sec.Deposit: Your Name: Race/National Origin:Handicap:Yes No_ Co-Tenant Name Race/National Origin:Handicap:Yes No_ Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years,please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly$ Weekly$ 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$ Every 2 Weeks$ Monthly$ 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 SEX AGE SOCIAL SECURITY. 1. — — 2. —3. — — PERSONAL REFERENCES(Not Relativesl: 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 17 of 22 Rev 7(8/2005 Packet Page -1954- 4/26/2016 16.D.14. 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 $ $ $ $ Self-Employment Business, 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 H Packet Page-1955- 4/26/2016 16.D.14. 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. it 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 Packet Page -1956- 4/26/2016 16.D.14. APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING 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 Occupied Efficiency One Bedroom Two Bedroom Three Bedroom 292 Other Bedroom TOTAL 292 Page 20 of 22 Packet Page -1957- 4/26/2016 16.D.14. TABLE II )slumber 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 1 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%M1 • Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 0 Other 0 TOTAL —Q— Page 21o(22 Packet Page -1958- 4/26/2016 16.D.14. 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,including amicrowave 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 ln� Packet Page -1959- 4/26/2016 16.D.14. 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 Board.• 7„.,' County Commissional 7y;' • 1)1'11104 By: Ann Jenne W F'is , NS 7� •' .4.; � Deputy Clerk: -.2.7, --- —Packet Page -1960-