Agenda 02/10/2015 Item #16D2 2/10/2015 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve a release acknowledging completion of the requirements set forth in
the Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and
Restrictions on Real Property for the Somerset Palm Apartments.
OBJECTIVE: To satisfy the Affordable Housing Density Bonus and release the Lien placed on the
Somerset Palms Apartments.
CONSIDERATIONS: On September 19, 1997 Collier County entered into an Affordable Housing
Density Bonus Agreement (AHDB) with CJ Communities, Inc. for Somerset Palms Apartments. The
Agreement authorized the construction of 101 bonus units on the subject property, for a total of 168 rental
units in the Project. The units were required to be rented under specified affordability guidelines for the
term of the Agreement.
The term was specified as follows:
14. Termination. Each affordable housing unit shall be restricted to remain and be maintained
as the type of affordable housing rental unit (low or very low income) designated in accordance
with this Agreement for at least fifteen (15)years from the date of the issuance of a Certificate of
Occupancy for such unit. After fifteen years this Agreement may terminate upon a date mutually
agreed upon by the parties and stated in writing.
The specified units received Certificates of Occupancy between October 11, 1999 and December 23,
1999. Therefore,the term of the Agreement concluded (by date) on December 24, 2014.
Staff has reviewed all documentation provided by the owner/agent/property management company for the
apartment complex to ensure and verify affordable qualifications were met. Specifically, the proper
documentation is in place indicating the identified apartment units were rented to those
individuals/families that qualified as affordable clients as identified by the HUD regulations over the last
fifteen years. The current property owner is requesting the lien be released since they have met all the
County's requirements. Staff agrees that the terms of the Agreement have been met and concluded that a
Release of Agreement should be recorded.
FISCAL IMPACT: The proposed action described in this executive summary will not have a fiscal
impact to the General Fund. Funds to record the lien release are budgeted in the Affordable Housing
Trust Fund (AHTF),Fund and Cost Center(111-138759).
GROWTH MANAGEMENT IMPACT: The release of the AHDB Agreement will continue to support
the goals, objectives and policies of the Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority
vote for Board approval. -JAB
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RECOMMENDATION: That the Board of County Commissioners approves a Release of Agreement
authorizing the completion of all requirements outlined in the Affordable Housing Density Bonus and
Imposing Covenants and Restrictions on Real Property document for the Somerset Palms Apartments.
Prepared by: Elly Soto McKuen, Senior Grant and Housing Coordinator and Amy Patterson, Impact Fees
and Economic Development Manager
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2.
Item Summary: Recommendation to approve a release acknowledging completion of the
requirements set forth in the Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property for the Somerset Palm Apartments.
Meeting Date: 2/10/2015
Prepared By
Name: ellymckuen
Title: Grants and Housing Coordinator, Senior, Community&Human Services
Approved By
Name: KimberleyGrant
Title: Director-Community and Human Services, Community&Human Services
Date: 01/26/2015 03:52:41 PM
Name: townsendamanda
Title: Director-Operations Support, Public Services Department
Date: 01/28/2015 08:53:59 AM
Name: BendisaMarku
Title: Supervisor-Accounting, Community&Human Services
Date: 01/28/2015 09:52:59 AM
Name: mesa_n
Title: Accountant, Community &Human Services
Date: 01/28/2015 10:12:11 AM
Name: patterson_a
Title: Manager-Impact Fees&EDC, Business Management&Budget Office
Date: 01/28/2015 04:59:26 PM
Name: ericarobinson
Title: Accountant, Senior, Grants Management Office
Date: 01/29/2015 08:36:17 AM
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Name:jenniferbelpedio
Title: Assistant County Attorney, CAO General Services
Date: 01/29/2015 02:44:57 PM
Name: carnell_s
Title: Administrator-Public Services, Public Services Department
Date: 01/29/2015 03:53:41 PM
Name: klatzkowjeff
Title: County Attorney,
Date: 01/30/2015 10:15:52 AM
Name: ThereseStanley
Title: Manager-Grants Compliance, Grants Management Office
Date: 02/03/2015 08:56:14 AM
Name: ochs_l
Title: County Manager, County Managers Office
Date: 02/03/2015 02:24:19 PM
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RELEASE OF "AGREEMENT AUTHORIZING AFFORDABLE
HOUSING DENSITY BONUS AND IMPOSING
RESTRICTIONS ON REAL PROPERTY"
KNOWN ALL MEN BY THESE PRESENTS That COLLIER COUNTY, whose post office
address is 3299 Tamiami Trail East, Naples, Florida, 34112, the owner(s) and holder(s) of a
certain Agreement Authorizing Affordable Housing Density Bonus and Imposing Restrictions on
Real Property, entered into by John Jassy, Trustee o/b/o CJ Communities, Inc., recorded on
May 22, 1990, in Official Records Book 1530, Page 1671 and December 30, 1997, in Official
Records Book 2375, Page 1365, respectively, of the Public Records of Collier County, Florida
hereby cancels and terminates said agreement. The premises conveyed by said agreement is more
particularly described as follows:
REAL PROPERTY DESCRIBED IN EXHIBIT A
ATTACHED HERETO AND MADE A PART HEREOF
The undersigned is authorized to and does hereby release the agreement with respect to the above named
property and consents to the agreement being forever discharged of record with respect to said property.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form
and legality:
.4
Jennifer A. Belpedio aN
Assistant County Attorney
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EXHIBIT A
Legal Description
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SECTION 10,
TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA;THENCE RUN SOUTH
02°13'14"EAST, ALONG THE WEST LINE OF THE NORTHEAST'A OF SAID SECTION 10,FOR
A DISTANCE OF 660.34 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREIN DESCRIBED; THEN RUN NORTH 89°39'16"EAST FOR A DISTANCE OF 1326.21 FEET
TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY ROAD 887, STATE ROAD
45 (OLD U.S.41),A 150.00 FOOT RIGHT OF WAY;THENCE RUN SOUTH 31°16'22"WEST,
ALONG SAID WESTERLY RIGHT OF WAY LINE,FOR A DISTANCE OF 1127.88 FEET; THENCE
RUN SOUTH 89°41'32"WEST,FORA DISTANCE OF 703.48 FEET,TO A POINT ON THE WEST
LINE OF THE NORTHEAST 'A OF SAID SECTION 10 AND A POINT ON THE EAST LINE OF
STERLING OAKS, ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 23,
PAGES 5 THROUGH 20, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; THEN RUN NORTH 02°13'14" WEST FOR A DISTANCE OF 960.51 FEET TO THE
POINT OF BEGINNING.
III
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•
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the 19 day of September 1997, by and between C J
Communities, Inc. (the"Developer") and the Collier County Board of Commissioners(the
"Commission")
RECITALS:
Z Z A. The Developer owns a tract of real property described as (complete legal
description) the North 300 feet of the North '/2 of the North '/2 of the
Southwest 'A of the Northeast 'A of Section 10, Township 48 South, Range 25
East, Collier County, Florida, lying West of the Tamiami Trail (State Road
B Ei No.45), and also the South '/2 of the North 1'2 of the Northeast 'A lying West of
NO Old US 41 in Section 10, Township 48 South, Range 25 East, Collier County,
Florida. (The "Property". 1e`'a1-and equitable owners include Tortuga
C pe t
Investments, LTD�3s�ht o � c'�t�tt to construct a maximum of 168
w residential unitse"`its") at a density fl.52 units per gross acre on the
,;,�,� Property. The gros�ro a of the Property is 22.36 acres. The number of
affordable Units constructed by-the-Developer shall be 168, representing 100
2 percent of the total.number."f residenkttaLUntts;,in the development. 100% of
the units' rent levels alt i?t exceed the low' incoine (60% median income)
° rental rate. 75�/ of the units ahal,b reserved for households who's income
N .: levels are at; i below t`t olio inctrtte lit fits:F 20% of units @ 50% of
tt ■ 1 i : f
•• 6i median income,'40% of units @ %of median income, 15% of units @80%
0 d 5 of median inct me. 25% of the unitstshall riot bee restricted as to household
v+ " income. "l ,�!_ 1
N : B. In order to construct-they Units eveloper must obtain a density bonus
c� a = from the Commission for the property as provided for in the Collier County
Affordable Housing Density Bonus Ordinance No. 90-89, which density bonus
can only be granted by the Commission in accordance with the strict limitations
of said Ordinance.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 101 bonus Units on the Property, if the
I • Developer agrees to construct affordable Units as specified in this Agreement
and the Developer covenants and agrees to use the affordable units only as
6 el rental property.
a
Eil NOW, THEREFORE, in consideration of the approval and granting of the density
bonus of 4.52 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:
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• ' OR: 2375 PG: 1366
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
168 Units which 20% of the Units' rents shall not exceed the very low income
(50% median income) and 80% of the units' rents shall not exceed the low
income (60% of median income) rent calculations and shall be rented in
accordance with the terms and conditions of this Agreement and as specified
by the attached Appendix A, Exhibit A, Exhibit B and Exhibit C, which
Appendix is incorporated by reference herein and constitutes a part of this
Agreement. Appendix A, Exhibits A, B and C reflect that 75% of the units will
be reserved for households who's incomes do not exceed the following income
limits: 20% of the units @ 50% of median income, 40% of the units @ 60% of
median income, 15% of the units @ 80% of median income. 25% of the units
will not be restricted as to household income. The Developer shall provide on
- site management to assure appropriate security, maintenance and appearance
of the development and the dwelling Units.
a. The following provision;bappl able to the affordable Units:
Definitions. A y and all definition "prc 'ided by Ordinance No. 90-89, as
amended/are hereby--incorporated by reference
(1) Phasing -sha3b me r (a the hased-k construction of buildings or
structures in separate avnd saes as shown on a PUD master
•
plane subdivision en I Plan o��siite '/development plan; or (b) in
developments where phase ;constructions not depicted on a PUD
master� lan, subdivision male plan o 'site development plan, the
construction of buildings or structures -try a clearly defined series of
starts and finishes that are separate a c ;distinct within the development.
(2) Base Rent. Thee monthly b rent for the affordable Units shall be in
accordance with the rents specified in the attached Appendix A,
Exhibit A. The monthly rent may be increased each year from the date
of this agreement as long as the rent does not exceed one-twelfth
(1/12) of 30 percent of an amount which represents 50 percent (for
very low income) and 60 percent (for low income) of the then
applicable median adjusted gross annual income for the household as
published annually by the U.S. Department of Housing and Urban
Development for the area defined as the Naples Metropolitan Statistical
Area(MSA).
(3) 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 shown on the
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calculations 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.
(4) Eligibility and Qualification of Tenant. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective
tenant; 2)verification of family income; and 3)execution of an income
certification form. All three steps shall be accomplished prior to a
tenant being qualified as an eligible family to rent and occupy an
affordable housing unit pursuant to the affordable housing density
bonus program. No person shall occupy an affordable housing
reserved unit provided under this affordable housing density bonus
agreement prior to being qualified at the appropriate level of income
(low or very low income) in accordance with this Section.
The Developer shall. spo s ble�for qualifying tenants by accepting
applications from tenants, verifying.-4 icome-and-`oat wining income certification for all
affordable reserved units in/L subject developmen ll applications, forms and other
documentation required/b'y this-Agreement shall he prdvided,to the Housing and Urban
Improvement Director. .'Qualification,hy t�' eloper ofeany�tenant as an eligible tenant
family shall be subject/to r p i9val—i�.,aecor-dance,with the monitoring and
enforcement program reated and ad�ed y Resolutio oaf'he Commission. g
(a) Application. A potential tenant s a 4Opiyi apply to the developer, owner,
manage�,, as`pr agent to qualify s low or very low income family for the
purpose c f renting and occupying anAtlerdable housing reserved rental
unit putsuan to the affordable/`housing density program. The
-mot- '�,-�:,.. °�e
Preliminary-A l cation-for Affords k Housing Reserved Unit shall be
provided by th -1 s ng.a�d" rban Improvement Director as shown in
Appendix B, Exhibit A, attached to this Agreement and incorporated
by reference herein.
(b) Income Verification and Certification. No affordable housing
reserved Unit in the development shall be rented to a tenant whose
household income has not been verified and certified in accordance
with this Agreement and Ordinance No. 90-89,as amended, as a low or
very low income family. Tenant income verification and certification
shall be repeated annually to assure continued eligibility.
(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, if attached to the Affordable Housing Applicant Income
Verification form, which includes a statement to release information,
tenant verification of the return, and a signature block with the date of
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. OR: Cara cu: LJOe
application. The verification shall be valid for up to ninety (90) days
prior to occupancy. Upon expiration of the 90 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 Housing and Urban
Improvement Director 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 that an income
certification form shall be executed by the potential tenant (including
the entire household) prior to rental and occupancy of the affordable
housing reserved unit by the tenant. Income certification shall assure
that the potential occupant has a moderate, low or very low household
income which qualifies the potential occupant as an eligible family to
rent and oecup ar affordable housing reserved unit under the
affordabl sing-densitp d'z nd
ro„gram. The Affordable Housing
A lime Certification shall be provided by the Housing
PPs Appendix Exhibit C,
and �rbap`Improvement Director a rho . in A die B,
attached''to this= greertt�etif and incorporated by reference herein.
(e) Rental A en 'f t mum, the rental agreement shall include
the following ( ) \\ I
I��i�,;�t�attle�'.�tdd,�ress,�`at)d�etephne�nujr of the head of household
v and all other occupants;
(ii)`a description of the unit to be rented
(irit*e,term of the lease Y\-,41,..//,'%.„'..1//
(ivy)the rental amount ,
(v) the,*of fthe-premise , '�"
(vi) monitorin and‘, ,.:enforcement provisions, including
disqualification of tenant; and
(vii)the rights and obligations of the parties.
Random inspection of files containing required documentation to verify occupancy in
accordance with this Agreement and Ordinance No. 90-89, as amended, may be
conducted by the Housing and Urban Improvement Director.
(5) Disqualification of Tenant. In the event that tenant qualification is
not subsequently confirmed by the Housing and Urban Improvement
Director or his designee; then such tenant shall be required to vacate
the affordable unit. If tenant vacation of the affordable unit is the result
of an error, omission or misrepresentation made by the Developer,
tenant shall vacate the affordable unit within thirty (30) days and
Developer shall pay penalties as provided by the monitoring and
enforcement program. If tenant vacation of the affordable unit is the
result of a misrepresentation made by the tenant, tenant shall vacate the
A
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• OR; G,►IJ rvi IJOY
affordable unit within 15 days and shall pay penalties as provided by the
monitoring and enforcement program. Such eventuality shall be
expressly detailed in the lease agreement.
(6) Annual Progress and Monitoring Report. The Developer shall
provide the Housing and Urban Improvement Director an annual
progress and monitoring report regarding the delivery of affordable
housing rental units throughout the period of their construction, rental
and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure
compliance with Ordinance No. 90-89 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 Housing
and Urban Improvement Director, Failure to complete and submit the
monitoring report to the Housing and Urban Improvement Director
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)relay is equested prior to expiration of the sixty (60)
day submission ea . r,than one such extension may be
granted in a`Vsinngle year. The progress and monitoring report shall be in
a formfproded by the Housing and Improvement Director.
(7) Occupancy Restrictions.--No.A ffordable Reserved Unit in any building
or structure on theproperty shall be�occupie°d by,the Developer, any person
related to orafi liated v th th velo� r4by a resident manager
a F .
3. Density Bonus � Comr isston ereb -aekno vledges that the Developer
has met all required conditions to quaif! for a density bonus, in addition to the
base residential density of 3 units perr icre! and Is/therefore granted a density
bonus of 4.52Ed. 's t bonus units per ace, fora{total (total = density bonus
units per acre x gros cr-eage) of 101---c ensiit bonus units, pursuant to Collier
County Affordable Housing-Densio onus Ordinance No. 90-89. The
Commission further agre s that-the"Developer may construct thereon, in the
aggregate a maximum number of 168 units on the Property provided the
Developer is able to secure building permits(s) from Collier County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Housing and Urban Improvement 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 the Collier
County Affordable Housing Density Bonus Ordinance to rent, sell or
occupy, or attempt to rent, sell or occupy, an affordable housing rental
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 Housing and Urban
c
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OR: iii5 PG: 1370
Improvement Director or by any other persons pursuant to the
authority which is delegated to them by the Ordinance.
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 allowed by law.
b. Notice of Violation for Code Enforcement Board Proceedings.
Whenever it is determined that there is a violation of this Agreement
that should be enforced before the Code Enforcement Board, then a
Notice of Violation shall be issued and sent by the Housing and Urban
Improvement Director by certified return-receipt requested U.S. Mail,
or hand-delivery to the person or developer in violation of the
Ordinance. The Notice of Violation shall be in writing, shall be signed
and dated by the Housing and Urban Improvement Director or such
other County per onne ash -be authorized by the Board of County
Commissioner shat it the'iolations, shall state that said
violations)�ss,`lia -be corrected withit (10) days of the date of the
Notice of Violtion, and shall state at if said violation(s) is/are not
corrected by the eci"fted-date.ir the I 'otice of Violation, the Housing
and Urbatn,lavetttent`Director,shall issue icitation which shall state
the date land" ian6 °f•issuance tame? tai address of the person in
violation date f h vt la tali, n , this Agreement or of
Ordinance r- segue ,n menis thereto violated,
name\ , the Housing and Urba Improverne t Director, and date and
iii �1
time when' the violator shall`°spur ..fieore the Code Enforcement
Board. "`.'" (,..,/
c. Certificate of Occupann In the eye%t= at,,the Developer fails to maintain
the affordable units in ac phi=Agreement or with Ordinance No.
90-89, as amended, at th'e opt o�"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 Ordinance No.
90-89, 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 off 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 initio.
A
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r a v • 101 i V/ a
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: Housing and Urban Improvement Department
2800 N Horseshoe Drive
Naples, Florida 34104
To the Developer: C J Communities, Inc.
3645 Bonita Beach Road Suite 3
Bonita Springs, Florida 34134
Any party may change the address o` whi t�no ices are to be sent by notifying the
other party of such new address an- a manner set it 1\above.
9. Authority to Monito 1 'he parties hereto ackno e. ge that the Director of Collier
County Housing andtUrban';Improvementt oribis des' ee�.shall have the authority to
monitor and enforce Develope's obligations he eg. under.
10. Indemnify. The Developer'her a °"a ` 'toT rot t defend, indemnify and hold
it 1 harmless from and a
Collier County and its officers, employ eses, a ears against any
and all claims, penafties; atria dosses and exiertsesi Apr fessional fees, including,
without limitation, reasonable attorney's fees and ail costae litigation and judgements
arising out of any c willful misconduct� r negligent'fact, error or omission, or
liability of any kind made'byy Developer, its a4ennts'for employees, arising out of or
incidental to the performance of this Agreement.-
11.Covenants. The Developer'agrees t C of its obligations hereunder shall constitute
covenants, restrictions, and conditions' ccr 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 type of affordable housing rental unit designated in accordance
with this Agreement for at least fifteen (15)years from the date of issuance of a
Certificate of Occupancy for such unit.
-7
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OR: c.'r, rcis 1372
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
tenant or potential tenant because of said tenant's race, color, religion, sex,
national origin, familial status, or handicap.
b. When the Developer advertises, rents, sells or maintains the affordable housing
unit, it must advertise, rent, sell, and maintain the same in a non-discriminatory
manner and shall make available any relevant information to any person who is
interested in renting or purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real estate
commissions and fees assessed in the rental or purchase of affordable units.
d. The affordable housing units in the development shall be described in the
Developer Application for Affordable Housing Density Bonus.
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-dw ding units in the development. All physical
amenities in the dwelling ni ' s esvribetd in item number seven (7) of the
Developer Applicationo Affordable Housing ensity Bonus shall be the same for
market rate units and afl`ordable units. For developments where construction takes
place in more than spite;use, all-physical amenities ass described in item number
seven (7) of the Developer Application for Affordable Housing Density Bonus
shall be the same is both, ar cet� ate unitss and the affordable units in each
phase. Units in a subseequent,phaase a.�-con aint different amenities than units in a
previous phase so long--as the amenities for market/rya,el units and affordable units
am;
are the same within each phase and provided that d in nv event may a market rate
unit or affordable•u it in any phase cots l physical amenities less than those
described in the Developer Application.
17. Phasing. The percentage f affordable housing. i tuts to which the Developer has
committed for the total develop me b imaiintained in each phase and shall be
constructed as part of each phase ofthe-develiopment on the Property.
18. Disclosure. The Developer shall not disclose to persons, other than the potential
tenant, 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 the 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 Chapter
163.3220, Florida Statutes(1989)and as amended
21. Preapplication. Developer has executed and submitted to the Development Services
Director the Developer Application for Affordable Housing Density Bonus, a copy of
which is attached to this Agreement as Appendix C and incorporated by reference
v
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OR.
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. V�. 2 ,I,r ru. 1J 1J
herein.
22. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws and the State of Florida.
23, Further Assurances. The parties hereto shall execute and deliver, in recordable form
if necessary, any and all documents, certifications, instruments, and agreements which
may be reasonably required in order to effectuate the intent of this 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.
w'Aitii`jf BOARD OF COUNTY COMMISSIONERS
DWIQII T�I`C ROCK, Clerk COLLIER
yy�COUNTY, FLORIDA
44.4rakevir,t
0„,,V
. --- —~– . ' iiptt y L. Hancock , Chairman
'►, t� DEVELOPER\ 7
Z / T,tatu... \---_,,,,n, / \\\\ \
11/ f '` vtr: :. _- -t.�
0 AI,�: • . C$� C J Comma nities,:'Inc.
/ f By: C:' rtes Al rdman,Jr., President
Approved as to form and legal su iciency: ”
th. \I • i / \\.,,,,,›Heidi F. Ashton
Assistant County Attorney
STATE OF FLORIDA )
) ss.
COUNTY OF LEE )
The foregoing Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property was acknowledged before me by Charles J.
Erdman,Jr. ‘4E
WI I S my hand and official seal this 19 day of September 1997.
I Y►4, CHRIS1Y DAil1DSO I
A . i i i I S� ,g ,.. re,co„►a� SIGN#cc,esrab
LA
PUbh ` o(wars MAY 14*Me
0 app p/ aomow
BONDING a Ifl Co..1NC
My Commission Expires:
o
l( �d✓. it d . .cr�t•.�_ c I.,,h. ., ,., (. , (.i .,,.. t,4r'•1 ,..;t.•�
per i r ticr cL(<K Packet Page -359
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OR: ?413 rv: 1JI'!
Appendix A, Exhibit A RENTAL
61 Jul: ..1. s i ; s L.10 . • h. .1k, T Au • Jul.. = : :. AM
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
LOW INCOME
Efficiency 0 0 N/A N/A
1 Bedroom 0 0 N/A N/A
2 Bedroom-60% 0 76 N/A 675*
3 Bedroom-60% 0 48 N/A 756*
4 Bedroom-60% 0 10 N/A 792*
TOTAL 0 134
VERY LOW INCOME ,�°
Efficiency �,,, . �_ �� `'N N/A N/A
1 Bedroom �' �0` -�`" 0 N/A N/A
2 Bedroom-50% % 0_ 20 ■/A 546*
3 Bedroom-50%7 04-- -. N/A 607*
4 Bedroom-50%` f',,..„0„.. 2�-. ...--- N/A 633*
TOTAL ;.....,,; \0.)\ L �; f,
(I) Base residential density densirof allowed in this development!3 unitiper acre.
(2) Gross Acreage 22.36.\#' ,. I �/
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to section 71 Ordinance- 8 8 unnt`s/acres.
(4) Gross residential density of thi's-development affordable housing units) 7.52
units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number of units in the development). 100% of all unit rent levels will not exceed the low
income (60% median income) rent calculations. 75% of the units will be reserved for
households whose income levels are at or below the following income limits: 20% of the
units( 50% of median income, 40% of the units cQ 60%o of median income, 15% of the
units (d3 80% of median income. 25% of the units will not have household income
restrictions.
* Plus applicable utility allowances.
in
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OR: ; 2/10/2015 16.D.2.
Appendix A, Exhibit B
, ' i pi.: , ! ► _ � ; I N S M!► 11
• , ;ii&'RD•_ ;LE I I $ENI TY :,I ► .: , I
LEVEL OF NUMBER l)F BEDROOMS/UNIT
HOUSEHOLD Efficiency 2 3 or
INCOME p1 ___
Moderate(Owner Occupied, Single Family 0 1* 1*
Low(Owner Occupied or Rental Single
Family or Multi-Family) 2 3 4
Very Low(Owner Occupied or Rental, Single
Family or Multi-Family) 3 4 5
* For cluster housing developments in the Urban Coastal Fringe,add 1 density bonus
to obtain 2.
TABLE B: AFFOIR E(H ?SING DENSIT BONUS
Affordable Housing // c, %-.of Affordable H sing Units
Density Bonus Rating /�
1 f d `01 �` l " 2
2
3 2 3\7, 4 /.
4 ` 3 4
5 4 5 -$
Please calculate your density k onus jnr hespace rav d.ed(below. Attach additional pages
of necessary.
2 BR 20% 55% Score
Very Low 4 4.0
Low 3 45
8.5 X 22.36 X 57% = 108 Units
3 BR
Very Low 5 5.0
Low 4 885
13.5 X 22.36 X 36%= 109 Units
4BR
Vey Low 5 5.0
Low 4 8_5
13.5X22.36X7%= 21 Units
Total Bonus Units 238 Units
Maximum Bonus Units Allowable 22.36 X 8= 178 Units
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Appendix A, Exhibit C D} !j►T 2/10/2015 16.D.2.
Olio f•WI •v• ♦J/p
Arbor View Apartments
Rent Calculations
Median Income Limits are based upon figures provided by th United States Department of
Housing and Urban Development and subject to periodic change.
TWO BEDROOM UNITS(Based on a 4 person household)
50% Median Income
$25,650 x 30% = 7,695
+ 12 months = 641
Less: Utility Allowance
Monthly Rent Lat
alillitdkialicsat
$30,780 x 30% = 9,234
+ 12 months = 770
Less: Utility Allowance _25
Monthly Rent ,.-. s
THREE BEDROOM UNITS(Bo ad on a 6 person hs nahoidk
\------,r—\ \
$29,750x3($ ' .--�� 4925
+ 1E2 months 7 z\ - 744 i \
i C-�`
Less: Utility Allows t A ��;;�� ) Lj> t
Monthly : ' ■
\� , j f '�%
\ ,°; ,
535,700 x 30•/x. °' = 10,710' /
+ 12 month �""-..e__=_--.--.-! ,893
Less: Utility Allowance � =4 i (. '7.117
Monthly Rent
FOUR BEDROOM UNITS(Based on a 7 person household)
leftliedisalocamt
$31,800 x 30% = 9;540
+ 12 months = 795
Less: Utility Allowance 162
Monthly Rent Lal
0%Median Income
$38,160 x 30% = 11,448
+ 12 months = 954
Less: Utility Allowance _ 162
Monthly Rent
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• ••■••go a V. 1 J 1 I
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
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Appendix C
Developer Application For Affordable Housing Density Bonus
Pursuant to the requirements of the Collier County Affordable Housing Density BMus
Ordinance No. 90-89, Section 6.4, please complete this form and submit it with any
accompanying documentation to the Development Services Director, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing
and Urban Improvement Director.
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;
2. Has an application for rezoning been requested in conjunction with the affordable
housing density bonus? X Yeses___rlo
i7 `�
If yes, state date of applicatio ��`10/97, and if`t - equest has been approved, state
the Ordinance 90-37,Resolttton number 97-03.
3. Gross density of the:�propos deveTopment.7 52 uni s,/acre.
Gross Acreage of the proposed develcipment 236 acres.
4. Are affordable housing'den city bon s urn u onlunCtion with an application
for a planned unit aeve opment(PUD)? — � in Yes I 1 No.
If yes, please state) ai i& kutziocati4 of the-.:PUl) and any other identifying
information. Arbor= !iew PUD Sec. 10, T48 ,;R25E, O1d1JS 41, Collier County,FL.
5. Name of applicant: \.',,,;p\\,Arbor View Apartments/ //1.(T,/
Name of land developer°af not the same as applicant' J Communities, Inc.
1a
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OR: 2375 PG: 1379
Appendix C
Developer Application For Affordable Housing Density Bonus
6. Please complete the following tables as they apply to the proposed development.
Note: This table is an estimate of the unit mix of the affordable reserved units. The actual
units 2 BR, 3 BR, 4 BR mix of affordable reserved units may vary. In any event, the
number of units which will meet the affordable housing density bonus requirements will be
168 total units. 75% of the units(126)will be reserved for households with the following
income: 20% of the units @ 50% of median income, 40% of the units @ 60% of median
income, 15% of the units @ 80% of median income. 25% of the units (42) will not be
restricted as to household income.
TABLE I Total Number of Units Aiming=
Type of Unit �,,,..-761.-`-C ital Owner Occupied
Efficiency A' . .. , `N, 0
One Bedroom /,--NN,:„.--
. '- 0---'-.,P1-1\:\ 0
Two Bedroom i `/7-------, 96 '� 0
Three Bedroom i h, 60-. 0
Four Bedroom r ''.---' °'x..,.12 \ 0
Total ;1 `�� @� , 0
- ti -\ i rr +1.1 4 °me
TABLE II ' - ' -�... ` .�_
j��mber�nf=A,f�'o�dable Housing Unit
\::'''''''.44 *Total Number of Affordable 1 Proposed Use for
nits in Development/ Density f Densi Bonus Units
.� '-Q4er Owner
Rent O`ccui Rental Occupied
LOW INCOME - 80%Median
I Efficiency 0 0 0 0
1 Bedroom 0 0 0 0
2 Bedroom 14 0 14 0
3 Bedroom 9 0 9 0
4 Bedroom 2 0 2 0
Total 25 0 25 0
LOW INCOME •60%Median
Efficiency 0 0 0 0
1 Bedroom 0 0 0 0
2 Bedroom 38 0 38 0
3 Bedroom 24 0 24 0
4 Bedroom 5 0 5 0
Total 67 0 67 0
I 1A
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Appendix C
Developer Application for Affordable Housing Density Bonus
TABLE II(Continued)
Total Number of
Affordable Units Proposed Use for
in Development Density Bonus Units
Owner Owner
Rental Occupied Boni Skermitzi
VERY LOW INCOME
Efficiency 0 - ` 0 0
1 Bedroom `",�;0 ..-—" --U� , r., 0 0
2 Bedroom OP^,,, 0 .11\ 20 0
3 Bedroom 7 12 0 12 0
4 Bedroom ' —` ' �` 2\ 0
Total 1 .34\ [1\\ ( , ` 4°34 \ 0
it
\L--)9 IL, L7--,)
7. Please provide a physical description of the affordable funits by type of unit (low, very
low income) and by number of bedrooms. include,in-your description, for example,
the square footage of each type.„of unit, floor,,.caveri gs used throughout the unit
(carpeting, tile, vinyl flooring); ow-treatm s; appliances provided such as
washer/dryer, dishwasher, stov ileri or;bathroom amenities, such as ceiling
exhaust fans; and any other amenities as applicable. Attach additional pages.
8. Please supply any other information which would reasonably be needs:to address this
request for an affordable housing density bonus for this development. Attach
additional pages.
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H.........--.7,--.. ___________
t** AD, , 2/10/2015 16.D.2.
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Physical Description of the Affordable Units
The project is comprised of 168 garden apartment units housed in 7 buildings of wood
construction with exterior vinyl siding. The building design will reflect a Cape Cod
appearance. The unit mix and square footages are listed below. Amenities in each unit
include a dishwasher, disposal, self cleaning range/oven, frost free refrigerator with ice
maker, vinyl flooring in the kitchen and bath areas and wall to wall carpet in all other
areas, washer/dryer hookups and mini blinds. Community amenities will include a large
pool, workout room with equipment, and playground.
# of Unit Unit Size Sq.Fly
96 2 BR/2BA 920
60 3 BR/2BA 1125
12 4 BR/2BA 1250
°QA. ;1 , 0 : -ti,
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14
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