Backup Documents 09/25/2018 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
�` TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 01
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Susan Golden Community and Human .}L , 9/20/18
Services
2. Jennifer Belpedio County Attorney Office „ (Z Ct I a s I i
`
3. BCC Office Board of County i)\,'>\( •
Commissioners V 7"/ <k\...2- V1
4. Minutes and Records Clerk of Court's Office --1-C n it) f,:t
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Susan Golden/CHS Phone Number 252-2336
Contact/ Department
Agenda Date Item was 09/25/2018 Agenda Item Number 16.D.1
Approved by the BCC
Type of Document Amended and Restated Agreement— Number of Original 1
Attached Affordable Housing Density Bonus Documents Attached
PO numberd orc account
ent is 001 - 1 Iv �.i� 03D
number if document is - j�l,
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? 54-. SG
2. Does the document need to be sent to another agency for additional signature's? If yes, NA
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC 09/25/2018 and all changes made during the .
meeting have been incorporated in the attached document. The County Attorney's o
Office has reviewed the changes,if applicable. q
9. Initials of attorney verifying that the attached document is the version approved by the �S�i +
BCC, all changes directed by the BCC have been made, and the document is ready for the �\�► ' ,-1:49-.te
Chairman's signature.
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I:Forms/County Forms/BCC Forms/Original Documents Routing Slip wWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 to=' '
16D1
INSTR 5617318 OR 5556 PG 2327
RECORDED 9/26/2018 2:07 PM PAGES 32
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$273.50
This space for recording
AMENDED AND RESTATED
AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY
BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON
REAL PROPERTY
THIS AGREEMENT is made as of the 0 5 day of atftcemikk 2018, by and
between Florida Non-Profit Services, Inc. and Brookwood Residential, LLC (the
"Developers") and the Collier County Board of County Commissioners (the "Commission"),
collectively, the "Parties" and replaces the prior, original Agreement in its entirety."
RECITALS:
A. On June 10, 2008, Developer and Commission entered into Agreement
Authorizing Affordable-Workforce Housing Density Bonus and Imposing Covenants and
Restrictions on Real Property.
B. This Agreement is to amend and restate development commitments related
to the Developer owned 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
159 residential units (the "Units") at a density of 5.03± units per gross acre on the Property.
The gross acreage of Property is 31.63± acres. The number of affordable housing.units
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constructed by Developer shall be 46, representing 29 percent of the total number of
residential Units approved in the development, or 70 percent of the approved bonus units.
C. 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 amended, 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.
D. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 33 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 grant of the density bonus
of 1.03 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 to amend and restate the commitments 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 he shall construct
up to 46 units, not to exceed 29 percent of the approved residential density as affordable
housing units, which Units shall be leased in accordance with the terms and conditions of
this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, and C,
and Appendix C, and attached hereto.
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
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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 Tenant. Family income eligibility is a three-
step process: 1) submittal of an application by a prospective Tenant; 2)verification of family
housing unit provided under the affordable housing density bonus program prior to being
qualified at the appropriate level of income (very low, low, moderate, or gap income) in
accordance with this Section; 3) certification of eligible Tenant by the Community and
Human Services Division.
The Developer shall be responsible for qualifying Tenants by accepting applications,
verifying income and obtaining income certification for all affordable units in the subject
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development. All applications, forms and other documentation required by this Agreement
shall be provided to Community and Human Services Division. Qualification by the
Developer of any persons as an eligible Tenant 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 tenant shall apply to the developer, owner, manager,
or agent to qualify as a very low, low, moderate, or gap income family for the purpose of
occupying an affordable housing unit pursuant to the affordable housing density bonus
program. The Preliminary Application for affordable housing unit shall be provided to Collier
County Housing and Human Services 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 leased 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
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form shall be provided to the Community and Human Services Division 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 an
affordable housing unit and Applicant Income Verification form, the Developer shall require
that 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 eligible 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 Community and Human Services Division 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 Housing and Human Services Department upon reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
Housing and Human Services 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 Community and Human
Services Division. Failure to complete and submit the monitoring report to the Community
and Human Services Division 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
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(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 4 units per acre, and is therefore granted a density bonus of 1.03
density bonus units per acre, for a total density (total = density bonus units per acre X gross
acreage) of 5.03 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 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 Community and Human Services Division 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 Community and Human Services Division 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.
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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 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
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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 Community and Human Services
Division
3339 East Tamiami Trail
Building H, Room 211
Naples, Florida 34112
To the Developer: Florida Non-Profit Services, Inc
PO Box 343529
Florida City, FL 33034
Brookwood Residential, LLC
P.O. Box 343529
Florida City, FL 33034
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
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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 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 or gap housing unit shall be restricted to remain
and be maintained as the required affordable and gap 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 tenant or potential tenant because of said tenants' race, color, religion, sex,
national origin, familial status, or handicap.
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b. When the Developer advertises, leases or maintains the affordable
housing unit, it must advertise, lease, and maintain the same in a non-discriminatory
manner and shall make available any relevant information to any person who is interested
in leasing 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 lease of affordable-workforce 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 and gap
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, Appendix C, 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, Appendix C,
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 and gap 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 the first phase of the development on the Property. Developer
commits to 29 percent affordable housing units for this project.
18. Disclosure. The developer shall not disclose to persons, other than the
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potential leasee 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. Pre-application. 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 Amended and Restated
16D1
Agreement to be executed as of the day and year first above written.
ATTEST: CRYSTAL K. KINZEL, BOARD OF UNTY COMMI TONERS
CLERK COLLIE OU , FLO
141.1k -- • eck-VUND/SIC___ •
Attest as to haim�a r SUTY CLERK B . A DY SOLIS, CHAIRMAN
signature only..
Approved as to form and legality:
'%fr %
Jennifer A. Belpedirsistant County Attorney
FLORIDA NON-PROFIT SERVICES, INC.
Witnesses:
v J��J�G+xI By: �t
fitness e Kirk, President
Printed Name 4/.S0 Z i' v'/e/
Witness
Printed Name f;def;i l 0 I J
STATE OF FLORIDA )
COUNTY OF COLLIER )
I'age 12 or32
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The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was acknowledged before me by
Skreti dt#.4- as f 'i,rs,crfrr/ who is zersonal _known to me or has
produced as identification.
WITNESS my hand and official seal this 41 day of Aeifr.t , 2018.
Notary Public
My Comi
,.•,,scr FABIOLAVIDALES
4°.- :* Notary Publk-State of Flaida
•: �' • Corr,misslon P GG 126429
5fq,,�*. My Comm.Expires Jul 26.2021
„',,, Horded throuyl•hahoral holary Assn.
BROOKWOOD RESIDENTIAL, LLC:
Witnesses:
SE" CCLAAJD By:
Witness
Printed Name //SA 110.404/
( AL.44410, By: N 1-A
Witness I�► /
Printed Name r;d0/0 Y 044/
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
$4 i'w/l:-4t as f�ic�€ 7 who is personally_known to me or has
produced as identification. s
WITNESS my hand and official seal this Ise day of 9yi+✓/ , 2018.
1 6 0 1
Notary Public
My Co II_mission Expire :_ _ _
' FABIOLA ViDkES t;',. Notary Public-State of Florida
i• ‘a• •,; Commission=GG 26429
My Comm.Expires Jul 26.2021
Boded througi,Nacral Rotary Assn.
16D1
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1
OR 4242 PG 2471
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WEST 264.70 FEET OF THE EAST 1058.10 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, LESS THE SOUTH 30.00 FEET THEREOF FOR ROAD RIGHT-OF-
WAY. CONTAINING
7.90 ACRES,PLUS OR MINUS.
TOGETHER WITH
PARCEL 2
OR 4242 PG 2470
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH,
RANGE 29 EAST,ALL LYING AND BEING IN COLLIER COUNTY, FLORIDA, LESS AND
EXCEPT THE EAST 1,058.80 FEET THEREOF AND THE SOUTH 30.00 FEET FOR ROAD
RIGHT OF WAY, CONTAINING 7.92 ACRES,MORE OR LESS.
TOGETHER WITH
PARCEL 3
OR 1596 PG 43
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WEST 264.70 FEET OF THE EAST 794.10 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, LESS THE SOUTH 30.00 FEET THEREOF FOR ROAD RIGHT-OF-
WAY. CONTAINING
7.90 ACRES,PLUS OR MINUS.
TOGETHER WITH
PARCEL 4
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OR 1007 PG 1558
THE WEST 264.70' OF THE EAST 529.40' OF THE SE 1/4 OF THE SW 1/4 OF SECTION
32, TOWNSHIP 46 SOUTH, RANGE 29 EAST ALL LYING AND BEING IN COLLIER
COUNTY, FLORIDA, LESS THE SOUTH 30.00' FOR ROAD R/W, CONTAINING 7.90
ACRES, MORE OR LESS.
BEING MORE PARTICULARLY DESCRIBED AS:
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE
29 EAST, COLLIER COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 32, TOWNSHIP 46
SOUTH, RANGE 29 EAST THENCE RUN NORTH 89°15'36" EAST ALONG THE
SOUTH LINE OF SAID SECTION 32, ALSO BEING THE CENTERLINE OF
IMMOKALEE ROAD (60' RIGHT-OF-WAY), FOR A DISTANCE OF 1323.92 FEET;
THENCE RUN NORTH 00°44'24" WEST FOR A DISTANCE OF 30.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, THE
SAME BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
IMMOKALEE DRIVE; THENCE RUN NORTH 00°51'21" WEST ALONG THE WEST
LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32,FOR
A DISTANCE OF 1,299.83 FEET;THENCE RUN NORTH 89°16'27" EAST, FOR A
DISTANCE OF 1,060.74 FEET; THENCE RUN SOUTH 00°47'35" EAST,FOR A
DISTANCE OF 1299.57 FEET TO A POINT ON THE SAID NORTHERLY RIGHT-OF-
WAY LINE OF IMMOKALEE DRIVE; THENCE RUN SOUTH 89°15'35" WEST
ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 1059.31 FEET TO THE
POINT OF BEGINNING, CONTAINING 31.63 ACRES,MORE OR LESS
Page 16 of 32
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APPENDIX A,EXHIBIT A
NUMBER OF AFFORDABLE-WORKFORCE
HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT (NET RENT)
Single Multi Single Multi
Family Family Family Family
GAP INCOME
(81-150% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL 0 0
WORKFORCE INCOME
(61-80%MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom _
4 Bedroom
TOTAL 0 0
LOW INCOME
(51%-60% MI)
Efficiency
1 Bedroom 3 $534
2 Bedroom 15 $624
3 Bedroom 18 $684
Page 17 of 32
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4 Bedroom
TOTAL 0 36
VERY LOW INCOME
(50% OR LESS MI)
Efficiency
1 Bedroom 1 $434
2 Bedroom 4 $524
3 Bedroom 5 $584
4 Bedroom
TOTAL 0 10
(1) Base residential density allowed in this development: 4 units/acre
(2) Gross acreage: 31.63±acres
(3) Maximum number of affordable-workforce-gap housing density bonus units allowed in
this development pursuant to LDC Section 2.06.00: 7 units
(4) Gross residential density of this development(including affordable-workforce-gap
housing density bonus units): 5.03 units/acre
(5) Percentage of affordable-workforce housing units pledged by the developer(as a
percent of the total number units in the development):_29%
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APPENDIX A, EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable-workforce-gap 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 very low, low, workforce,
and gap income households in Collier County.
The affordable-workforce housing density bonus rating system shall be used to determine
the amount of the affordable-workforce housing density bonuses which may be granted for a
development based on household income level and percentage of affordable, workforce, and gap
housing units in the development. To use the affordable-workforce housing density bonus rating
system, Table A, below, shall be used. Table A 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 (very low, low, workforce, or gap) of the
affordable-workforce housing unit(s) proposed in the development, as shown in Table A. Next,
determine the percent of that type of affordable-workforce housing unit(s) proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table A 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-
workforce housing density bonus (AWHDB) available to that development. Developments with
percentages of affordable-workforce housing units which fall in between the percentages shown on
Table A shall receive an affordable-workforce 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-workforce housing rental units in the development. For
example, a development which has 24% of its total residential dwelling units as affordable-
workforce housing units, and which has an affordable housing density bonus rating of"four" will
receive an affordable-workforce housing density bonus(AWHDB)of 4.4 residential dwelling units
per gross acre for the development.
In no event shall the affordable-workforce housing density bonus exceed eight (8) dwelling
units per gross acre.
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C5Y
APPENDIX A,EXHIBIT B
AFFORDABLE-WORKFORCE HOUSING
DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE-WORKFORCE
HOUSING DENSITY BONUS RATING
MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT
DESIGNATED AS AFFORDABLE-WORKFORCE HOUSING
Household
Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
(%median)
81-150%
Gap MI* ** 1 2 3 4 5 6 6 6 6 n/a
(Gap)
61-80%
Workforce MI* 2 3 5 8 8 8 8 8 8 8
51-60%
Low MI 3 4 6 8 8 8 8 8 8 8
50%
Very Low or less 4 5 7 8 8 8 8 8 8 8
MI
*Owner-occupied only
**May only be used in conjunction with at least 10%at or below 80%MI
Total Maximum Allowable Density=Base Density+Affordable-Workforce Housing Density
Bonus,
In no event shall the maximum gross density allowed exceed 16 units per acre.
Base Density=4 units per acre
23% Workforce=+3.3 units per acre
6.28% Low Income=+ 1.5 units per acre
Total Bonus Density=+8 units per acre(maximum permitted)
Total Allowable Density= 12 units per acre
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APPENDIX A,EXHIBIT C
2018 INCOME AND RENT LIMITS
(income and rent limits are subject to yearly update if applicable)
Effective: 4/1/2018
Percentage Income Limit by Number of Persons In Household
County(Metro) Category 1 2 3 4 5 6 7 8 9 10
Collier County 25% 13,125 15,000 16,875 18,750 20,250 21,750 23,250 24,750 26,250 27,750
(Naples-Marco Island MSA) 28% 14,700 16,800 18,900 21,000 22,680 24,360 26,040 27,720 29,400 31,080
30% 15,750 18,000 20,250 22,500 24,300 26,100 27,900 29,700 31,500 33,300
33% 17,325 19,800 22,275 24,750 26,730 28,710 30,690 32,670 34,650 36,630
35% 18,375 21,000 23,625 26,250 28,350 30,450 32,550 34,650 36,750 38,850
40% 21,000 24,000 27,000 30,000 32,400 34,800 37,200 39,600 42,000 44,400
45% 23,625 27,000 30,375 33,750 36,450 39,150 41,850 44,550 47,250 49,950
50% 26,250 30,000 33,750 37,500 40,500 43,500 46,500 49,500 52,500 55,500
60% 31,500 36,000 40,500 45,000 48,600 52,200 55,800 59,400 63,000 66,600
Median: 75,000 80% 42,000 48,000 54,000 60,000 64,800 69,600 74,400 79200 84,000 88,800
120% 63,000 72,000 81,000 90,000 97,200 104,400 111,600 118,800 126,000 133,200
140% 73,500 84,000 94,500 105,000 113,400 121,800 130,200 138,600 147,000 155,400
Effective: 411/2018
Percentage Rent Limit by Number of Bedrooms In Unit
County(Metro) Category 0 1 2 3 4 5
•
Collier County 25% 328 351 421 487 543 600
(Naples-Marco Island MSA) 28% 367 393 472 546 609 672
30% 393 421 506 585 652 720
33% 433 464 556 643 717 792
35% 459 492 590 682 761 840
40% 525 562 675 780 870 960
45% 590 632 759 877 978 1,080
50% 656 703 843 975 1,087 1,200
_ 60% 787 843 1,012 1,170 1,305 1,440
Median: 75,000 80% 1,050 1,125 1,350 1,560 1,740 1,920
120% 1,575 1,687 2,025 2,340 2,610 2,880
140% 1,837 1,968 2,362 2,730 3,045 3,360
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Utility costs are provided from the County's Section 8 Rental Assistance Program which is
administered by the Collier County Housing Authority.
ESTIMATED 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.
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APPENDIX B, EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE 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
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1601
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:
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APPENDIX B, EXHIBIT B
AFFORDABLE-WORKFORCE 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, workforce, or gap 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 $ $
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16D1
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, WORKFORCE, OR GAP HOUSING 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,WORKFORCE,OR GAP HOUSING UNIT.
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APPENDIX B, EXHIBIT C
AFFORDABLE-WORKFORCE 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 ,20 .
(notary seal)
Notary Public
My Commission Expires:
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1 6 D1 '
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate of 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 , 20 .
(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-WORKFORCE-GAP HOUSING UNIT,
Page 28 of 32
16D1
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE-WORKFORCE
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 Collier County Housing
and Human Services 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; Residential Planned Unit Development; 31.63±acres.
2. Has an application for rezoning been requested in conjunction with the affordable, workforce
and gap housing Density bonus?
X Yes No
If yes, state date of application and if the request has been approved, state the Ordinance
number 2008-28.
3. Gross density of the proposed development. 5.03 units per acre
Gross acreage of the proposed development._31.63± acres
4. Are affordable-workforce-gap 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.
_peranza Place RPUD; 2702 and 2210 Immokalee Drive, Immokalee,FL
5. Name of applicant Florida Non-Profit Services, Inc. and Empowerment Alliance of
Southwest Florida Community Development Corporation
Name of land developer if not the same as Applicant:
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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 3
Two Bedroom 15
Three Bedroom 18
Other Bedroom 60* 63*
TOTAL 96 63
*Bedroom size not known until design and permitting
TABLE II Number of Affordable-Workforce Housing Units
Total Number of Proposed Use for
Affordable-Work- Density Bonus Units
force Units
in Development
Owner Owner
Rental Occupied Rental Occupied
GAP INCOME
81-150% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL 0
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16D1
WORKFORCE INCOME
61-80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL 0
LOW INCOME
51-60%MI
Efficiency
1 Bedroom 3 3
2 Bedroom 15 15
3 Bedroom 18 18
Other
TOTAL 36 0 36 0
VERY LOW INCOME
50% OR LESS MI
Efficiency
1 Bedroom 1 1
2 Bedroom 4 4
3 Bedroom 5 5
Other
TOTAL 10 0 10 ` 0
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7. Please provide a physical description of the affordable-workforce units by type of unit (very low
income,low income,workforce income, gap 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.
The proposed dwelling units have not been designed at this time and therefore this
information is not yet available.
8. Please supply any other information which would reasonably be needed to address this request for •
an affordable, workforce, and gap housing density bonus for this development. Attach additional
pages if needed.
The co-applicants are partnering in their development efforts to ensure the highest level of
efficiency during the entitlement phase for these organizations. If approved, this
development will provide housing to aid in meeting the large demand for affordable housing
in Collier County.
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