Agenda 09/11/2018 Item #16D1109/11/2018
EXECUTIVE SUMMARY
Recommendation to approve a Resolution authorizing and approving a Release, Assignment, and
Assumption of Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property with the transferor, Tuscan Isle Community, Ltd., for
property located within the Saddlebrook PUD.
OBJECTIVE: To continue efforts that encourage long-term, affordable housing development and
maintenance through the Affordable Housing Density Bonus Program.
CONSIDERATIONS: In 1990, the Commission, pursuant to the Comprehensive Plan and its authorizing
statutes, enacted Ordinance 90-89, entitled the Collier County Affordable Housing Density Bonus
Ordinance (the “Ordinance”). The 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. 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 an affordable housing density bonus agreemen t between the
Commission and the developer. An Affordable Housing Density Bonus Agreement is valid for fifteen
(15) years from the date of the final Certificate of Occupancy of the final units.
The Tuscan Isle multi-family apartment community is Phase II of the Saddlebrook PUD. A Density
Bonus Agreement for Phase II was entered into on June 25, 2002, between Creative Choice Homes XIV,
Ltd and the Board of County Commissioners (Board). The Density Bonus Agreement requires that 80%
of the units be rented to persons or families with income of 60% or less of Area Median Income (AMI)
and 20% be rented to persons or families with income of 50% or less of AMI. The Tuscan Isle community
is monitored annually by the Florida Housing Finance Corporation in compliance with its rental
restrictions. Tuscan Isle is and has been, in compliance with the income set-aside standards of the County
and State programs.
One of the terms of the Density Bonus Agreement is that during the term of the agreement the developer
may not assign, delegate, or otherwise transfer all or part of its duties, obligations, or promises under the
agreement to any successor in interest to the property without the consent of the Commission.
Accordingly, on July 3, 2018, the current owner, Tuscan Isle Community, Ltd, f/k/a Creative Choice
Homes XIV, Ltd, requested the Board consent to the assignment of the owner’s rights and obligations
under the Density Bonus Agreement and the assumption of such rights and obligations by the transferee,
SREIT Tuscan Isle, LLC and releasing Tuscan Isle Community, Ltd.
Neither the Density Bonus Agreement nor the Ordinance contains any standards with respect to the
criteria to be used in determining whether to approve an assignment of a Density Bonus Agreement.
If the Board determines to permit the release, assignment, and assumption of the Affordable Housing
Density Bonus Agreement, the attached resolution authorizes the Chairman to execute the Release,
Assignment and Assumption Agreement, Exhibit 1 and it will be recorded at the closing of the transfer of
the property.
FISCAL IMPACT: There is no Fiscal impact to the County for this action. The Transferee is responsible
for all costs associated with this transaction. The Resolution and Assignment and Assumption Agree ment
will be recorded at the Transferee expense.
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GROWTH MANAGEMENT IMPACT: The Affordable Housing Density Bonus Program assists the
County in meeting the goals and objectives 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 action. -JAB
RECOMMENDATION: To approve and authorize the Chairman to sign the Resolution, Release,
Assignment, and Assumption of Agreement Authorizing Affordable Housing Density Bonus and
Imposing Covenants and Restrictions on Real Property as attached.
Prepared By: Susan Golden, Senior Grants and Housing Coordinator, Community and Human Services
Division
ATTACHMENT(S)
1. Resolution TUSCAN ISLES COMMUNITY CAO Stamped (PDF)
2. Signed stamped Exh 1 w signatures 82718 (PDF)
3. Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.11
Doc ID: 6461
Item Summary: Recommendation to approve a Resolution authorizing and approving a Release,
Assignment, and Assumption of Agreement Authorizing Affordable Housing Density Bonus and
Imposing Covenants and Restrictions on Real Property with the transferor, Tuscan Isle Community, Ltd.,
for property located within the Saddlebrook PUD.
Meeting Date: 09/11/2018
Prepared by:
Title: – Community & Human Services
Name: Susan Golden
08/20/2018 4:55 PM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
08/20/2018 4:55 PM
Approved By:
Review:
Community & Human Services Cormac Giblin Additional Reviewer Completed 08/21/2018 2:18 PM
Public Services Department Kimberley Grant Additional Reviewer Completed 08/21/2018 2:55 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 08/22/2018 4:38 PM
Community & Human Services Akiko Woods Additional Reviewer Completed 08/24/2018 3:13 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 08/24/2018 4:29 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 08/27/2018 11:00 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/27/2018 12:28 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/28/2018 2:06 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/28/2018 3:24 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/29/2018 2:18 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 08/29/2018 3:53 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/02/2018 3:35 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/11/2018 9:00 AM
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16.D.11.aPacket Pg. 1262Attachment: Resolution TUSCAN ISLES COMMUNITY CAO Stamped (6461 : Release, Assignment and Assumption of Affordable Housing
16.D.11.aPacket Pg. 1263Attachment: Resolution TUSCAN ISLES COMMUNITY CAO Stamped (6461 : Release, Assignment and Assumption of Affordable Housing
16.D.11.aPacket Pg. 1264Attachment: Resolution TUSCAN ISLES COMMUNITY CAO Stamped (6461 : Release, Assignment and Assumption of Affordable Housing
16.D.11.bPacket Pg. 1265Attachment: Signed stamped Exh 1 w signatures 82718 (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
16.D.11.bPacket Pg. 1266Attachment: Signed stamped Exh 1 w signatures 82718 (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
16.D.11.bPacket Pg. 1267Attachment: Signed stamped Exh 1 w signatures 82718 (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
16.D.11.bPacket Pg. 1268Attachment: Signed stamped Exh 1 w signatures 82718 (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
16.D.11.bPacket Pg. 1269Attachment: Signed stamped Exh 1 w signatures 82718 (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
16.D.11.bPacket Pg. 1270Attachment: Signed stamped Exh 1 w signatures 82718 (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
16.D.11.bPacket Pg. 1271Attachment: Signed stamped Exh 1 w signatures 82718 (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1272 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1273 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1274 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1275 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1276 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1277 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1278 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1279 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1280 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1281 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1282 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1283 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1284 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1285 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1286 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1287 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1288 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1289 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1290 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1291 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1292 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1293 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)
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Packet Pg. 1294 Attachment: Density Bonus Agreement -Creative Choice 20002 - Tuscan Isle (6461 : Release, Assignment and Assumption of Affordable Housing Density Bonus)