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Agenda 02/13/2018 Item #16D1402/13/2018 EXECUTIVE SUMMARY Recommendation to approve a Termination of Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property for Whistlers Cove Apartments that has satisfied the terms of its affordability period. OBJECTIVE: To support the affordability of housing in Collier County and administer requirements of the Land Development Code. CONSIDERATIONS: In 1997, the Collier County Board of County Commissioners (Board) approved an Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property for the Whistlers Cove affordable rental development. The Agreement granted a density bonus of seven (7) units per acre, for a total resulting gross density of ten (10) units per acre and 240 apartment units. The Agreement carried a 15-year restriction requiring 100% of the units to be rented at rates affordable to low and very-low income households. The final certificate of occupancy for the development was issued on March 17, 2000, and development has now met and completed the terms of its agreement. At this time, it is appropriate for the County to terminate this agreement. For the Board’s further information, the Whistler’s Cove Apartment development is a participant i n the State of Florida’s Housing Tax Credit program. The Housing Tax Credit Program carries with it rental restrictions lasting 30-50 years. The Whistlers Cove development’s current affordability restriction with the Florida Housing Finance Corporation is not set to expire until 2028. So, while the terms of the County’s restriction may have run their course, the state’s restrictions will ensure that this development remains affordable for at least another ten (10) years. Approval of this item will authorize the Chairman to sign the Termination Agreement and the executed document shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB STAFF RECOMMENDATION: To approve and authorize the Chairman to sign a Termination of Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property for Whistlers Cove Apartments that has satisfied the terms of its affordability period. Prepared By: Cormac J. Giblin, AICP Housing and Grant Development Manager, Community & Human Services Division ATTACHMENT(S) 1. Whistlers Cove Request Letter (PDF) 2. Whistler's Cove AHDB Original 1997 (PDF) 3. Termination Whistler's Cove (PDF) 16.D.14 Packet Pg. 898 02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.14 Doc ID: 4664 Item Summary: Recommendation to approve a Termination of Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property for Whistlers Cove Apartments that has satisfied the terms of its affordability period. Meeting Date: 02/13/2018 Prepared by: Title: – Community & Human Services Name: Cormac Giblin 01/24/2018 12:01 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 01/24/2018 12:01 PM Approved By: Review: Public Services Department Kimberley Grant Additional Reviewer Completed 01/24/2018 1:28 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 01/24/2018 4:08 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/26/2018 7:44 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/26/2018 10:41 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/26/2018 1:01 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/26/2018 2:31 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/26/2018 4:32 PM Budget and Management Office Ed Finn Additional Reviewer Completed 01/29/2018 2:27 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 01/31/2018 11:38 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 16.D.14 Packet Pg. 899 16.D.14.a Packet Pg. 900 Attachment: Whistlers Cove Request Letter (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.a Packet Pg. 901 Attachment: Whistlers Cove Request Letter (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 902 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 903 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 904 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 905 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 906 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 907 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 908 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 909 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 910 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 911 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 912 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 913 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.b Packet Pg. 914 Attachment: Whistler's Cove AHDB Original 1997 (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.c Packet Pg. 915 Attachment: Termination Whistler's Cove (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.c Packet Pg. 916 Attachment: Termination Whistler's Cove (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.c Packet Pg. 917 Attachment: Termination Whistler's Cove (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.c Packet Pg. 918 Attachment: Termination Whistler's Cove (4664 : Whistlers Cove Density Bonus Termination) 16.D.14.c Packet Pg. 919 Attachment: Termination Whistler's Cove (4664 : Whistlers Cove Density Bonus Termination)