Backup Documents 10/23/2018 Item #11E -.---- 1-6 RecCr ��L' L0112&Ir
ORIGINAL DOCUMENTS CHECKLIST & ROL TING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 Ini ial Date
1. Susan Golden Community and Human 10/17/18
Services
2. Jennifer Belpedio County Attorney Office �^ I0/a y t`�
3. BCC Office Board of County 'RS )
Commissioners 47 L4`ZSl0.
4. Minutes and Records Clerk of Court's Office irA 10(25h6 2'44
frn
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 10/23/18 Agenda Item Number " 16.V. l\
Approved by the BCC C/
Type of Document Affordable Housing Density Bonus Number of Original
Attached Agreement Documents Attached 1
nu number or account ' I 1 _ iW.-6qt
121-4-q0N)number if document is t
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? S 0 K. ---
2. Does the document need to be sent to another agency for additional signatures. 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 10/23/2018 and all changes made during the SG NIA is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. I is line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for tr- n option for
Chairman's signature. this line.
1 ;4-
4g\.\--A
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip \WS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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Exhibit E
AHDBA-Parcel B
INS'/R 5630549 OR 5566 PG 3059
RECORDED 10130/2018 8'.21 AM PAGES 28
l LERK Or Ht l IRcut T cOUR T AND COMP T RVLLER
COLLIER COUNTY FLORIDA
REC$239.50
This space for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the , day of OeW0(24-) , 2018,
by and between Habitat for Humanity of Collier County, Inc., Mr. Nick Kouloheras,
President (the "Developer") and the Collier County Board of County Commissioners
(the "Commission"), collectively, the "Parties".
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A"
attached hereto and incorporated herein (The "Property"). It is the Developer's intent to
construct a maximum of 116 residential units (the "Units") at a density of 5 units per
gross acre on the Property. The gross acreage of Property is 23.15 acres. The number
of affordable Units constructed by Developer shall be 116, representing 100 percent of
the total number of residential Units approved in the development.
B. In order to construct the Units, the Developer must obtain a density bonus
from the Commission for the Property as provided for in the Collier County Affordable
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Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as
Land Development Code (LDC) § 2.06.00 et seq., which density bonus can only be
granted by the Commission and utilized by the Developer in accordance with the strict
limitations and applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of 46 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 2 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Developer and the Commission
hereby covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. The Developer hereby agrees that he shall
construct 116 affordable Units which Units shall be sold in accordance with the terms
and conditions of this Agreement and as specified by the attached Appendices A & B,
Exhibits A, B, 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 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
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of starts and finishes that are separate and distinct within the development.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development
(HUD) shall be the then current median income for the Naples Metropolitan Statistical
Area, established periodically by HUD and published in the Federal Register, as
adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit
C, which Exhibit shall be adjusted from time to time in accordance with any adjustments
that are authorized by HUD or any successor agency. In the event that HUD ceases to
publish an established median income as aforesaid, the Parties hereto shall mutually
agree to another reasonable and comparable method of computing adjustments in
median income.
(3) Eligibility and Qualification of Owner. Family income eligibility is a
three-step process: 1) submittal of an application by a prospective Owner; 2)
verification of family housing unit provided under the affordable density bonus program
prior to being qualified at the appropriate level of income (low or moderate income) in
accordance with this Section; 3) certification of eligible Owner by the Community and
Human Services Division.
The Developer shall be responsible for qualifying Owners by accepting
applications, verifying income and obtaining income certification for all affordable units
in the subject development. All applications, forms and other documentation required
by this Agreement shall be provided to Community and Human Services Division.
Qualification by the Developer of any persons as an eligible Owner family shall be
subject to review and approval in accordance with the monitoring and enforcement
program in LDC §§ 2.06.05 and 2.06.06, respectively.
(a) Application. A potential owner shall apply to the developer, owner,
manager, or agent to qualify as a very low, low, or moderate income family for the
purpose of owning and occupying an affordable housing unit pursuant to the affordable
0
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housing density bonus program. The Preliminary Application for affordable housing
unit shall be provided by Collier County Community and Human Services Division as
shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by
reference herein.
(b) Income Verification and Certification. No affordable housing unit in the
development shall be sold whose household income has not been verified and certified
in accordance with this Agreement and LDC § 2.06.05.
(c) Income Verification. The Developer shall obtain written verification from
the potential occupant (including the entire household) to verify all regular sources of
income (including the entire household). The most recent year's federal income tax
return for the potential occupants (including the entire household) may be used for the
purpose of income verification, attached to the Affordable Housing Applicant Income
Verification form, including a statement to release information, occupant verification of
the return, and a signature block with the date of application. The verification shall be
valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the
180-day period, the information may be verbally updated from the original sources for
an additional 30 days, provided it has been documented by the person preparing the
original verification. After this time, a new verification form must be completed. The
Affordable Housing Applicant Income Verification form shall be provided 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
Cq
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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 Community and Human Services Division upon reasonable notice.
(4) Annual Progress and Monitoring Report. The Developer shall provide the
Community and Human Services Division 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 (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 3 units per acre, and is therefore granted a density
bonus of 2 density bonus units per acre, for a total density (total = density bonus units
•
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per acre X gross acreage) of 5 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 116 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. 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.
CA
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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 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:
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To the Commission: Collier County Community and Human
Services
3339 E Tamiami Trail
Building H, Suite 211
Naples, Florida 34112
To the Developer: Habitat for Humanity of Collier County, Inc
11145 Tamiami Trail E.
Naples, FL 34113
Attn: Mr. Nick Kouloheras
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 Community and Human Services Division or its designee, shall have the
authority to monitor and enforce the Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify
and hold Collier County and its officers, employees, and agents harmless from and
against any and all claims, penalties, damages, losses and expenses, professional
fees, including, without limitation, reasonable attorney's fees and all costs of litigation
and judgments arising out of any claim, willful misconduct or negligent act, error or
omission, or liability of any kind made by Developer, its agents or employees, arising
out of or incidental to the performance of this Agreement.
11. Covenants. The Developer agrees that all of its obligations hereunder
shall constitute covenants, restrictions, and conditions which shall run with the land and
shall be binding upon the Property and against every person then having any
ownership interest at any time and from time to time until this Agreement is terminated
in accordance with Section 14 below. However, the Parties agree that if Developer
transfers or conveys the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall
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look solely to Developer's successor in interest for the performance of said obligations.
12. Recording. This Agreement shall be recorded at County's expense in the
official records of Collier County, Florida.
13. Entire Agreement. The Parties hereto agree that this Agreement
constitutes the entire Agreement between the Parties hereto and shall inure to and be
binding upon their respective heirs, successors, and assigns.
14. Termination. Each affordable housing unit shall be restricted to remain
and be maintained as the required affordable housing as provided in the LDC §2.06.04.
15. Modification. This Agreement shall be modified or amended only by the
written agreement of both Parties.
16. Discrimination.
a. The Developer agrees that neither it nor its agents shall
discriminate against any owner or potential owner because of said owners race, color,
religion, sex, national origin, familial status, or handicap.
b. When the Developer advertises, sells or maintains the affordable
housing unit, it must advertise sell, and maintain the same in a non-discriminatory
manner and shall make available any relevant information to any person who is
interested in purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable in the purchase and sale of affordable
units.
d. The affordable housing units shall be intermixed with, and not
segregated from, the market rate dwelling units in the development.
e. The square footage, construction and design of the affordable,
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
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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 units are the same within each phase and provided that in no event may
a market rate unit or affordable unit in any phase contain physical amenities less than
those described in the Developer Application.
17. Phasing. The percentage of affordable housing units to which the
Developer has committed for the total development shall be maintained in each phase
and shall be constructed as part of each phase of the development on the Property.
Developer commits to 100 percent affordable housing units for this project, with 100
percent of the units in each phase consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential buyer or lender of the particular affordable housing unit or units, which units in
the development are designated as affordable housing units.
19. Consistency. This Agreement and authorized development shall be
consistent with the Growth Management Plan and land development regulations of
Collier County that are in effect at the time of development. Subsequently adopted laws
and policies shall apply to this Agreement and to the development to the extent that
they are not in conflict with the number, type of affordable housing units and the
amount of affordable housing density bonus approved for the development.
20. Affordable Housing Density Bonus Development Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220, Fla. Stat., as amended.
21. Preapplication. Developer has executed and submitted to the
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1
Development Services Department the Developer Application for Affordable Housing
Density Bonus, a copy of which is attached to this Agreement as Appendix C and
incorporated by reference herein.
22. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The Parties hereto shall execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required in order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document
requested by the Developer to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST: BOARD OF C•UNTY COMMISSIONERS
CRYSTAL IC,KIN2EV,i, Clerk COLLIER t •U , FLO: •r
i °
C .kU > r.A.
,`I EPU7 CLERK By: DY SOLIS, CHAIRMAN
Attest as to G •Irnran's
signature only.
Approved as to form and legal y:
Jennifer A. Belpedio sistant County Attorney (---N ��
� ttLm# I
Agenda n
Date
Date td 0 8
QYV-� A
D puty CI: IF
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DEVELOPER: Habitat for Humanity of
Collier County, Inc
Witnesses:
By:
� T
Itness Nick Kouloheras
Prin -• Name
(
0 - -- - #r
pIt -ss
Printf• Name .I i eaz_
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
IN.K uadid,P as /r2striPdtwho is personal) known to me or has
produced as identification.
WITNESS my hand and official seal this day of AL,J,L) ,)
2018. t'lr NORMA LALIBERTE
,., :. MY COMMISSION#GG 212836
'"' EXPIRES:August29,2022
^iN _a� 71xu Ndery Pubic Indent s
°!' wiled'•.?osis;.•• -------
N rc
My Commission Expires:
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL A
PARCEL No.00737760008&00741080606
(ORB 3959,PG 3581)
THE WEST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 12,TOWNSHIP 51 SOUTH,RANGE 26 EAST,
EXCEPTING THE NORTH 30 FEET THEREOF,WHICH IS RESERVED FOR ROAD
PURPOSES,AND THE EAST 1/2 OF THE EAST 1/2 OF THE EAST 1/2 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH,
RANGE 26 EAST,EXCEPTING THE NORTH 30 FEET THEREOF,
WHICH IS RESERVED FOR ROAD PURPOSES,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
PARCEL B
PARCEL No. 00738280008
(ORB 4467,PG 1397)
NORTH 1/2 OF THE SW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF THE NE 1/4 OF
SECTION 12, TRACT 51 SOUTH,RANGE 26 E. PROPERTY ACQUIRED BY TAX DEED
OFFICIAL RECORDS BOOK 875, PAGE 445, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
PARCEL No.00737720006
(ORB 5083, PG 657)
THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4
OF SECTION 12,TOWNSHIP 51 SOUTH,RANGE 26 EAST, CONTAINING TEN(10)
ACRES,MORE OR LESS,EXCEPTING THE NORTH 30 FEET THEREOF,WHICH IS
RESERVED FOR ROAD PURPOSES.
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
PARCEL No. 00741100104
(ORB 5441, PG 1850)
(PER TITLE COMMITMENT)
THE NORTH 30 FEET OF THE NORTHWEST 1/4(NW 1/4)OF THE NORTHEAST 1/4(NE
1/4)OF SECTION 12,TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER COUNTY,
FLORIDA, LESS AND EXCEPTION THAT PORTION LYING IN THE WEST 1/2 OF THE
WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4.
ALSO BEING DESCRIBED AS FOLLOWS:
THE EAST 1,018.64 FEET OF THE NORTH 30 FEET OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 51 SOUTH,RANGE 26 EAST,COLLIER
COUNTY,FLORIDA.
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APPENDIX A, EXHIBIT A
NUMBER OF AFFORDABLE
HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
GAP INCOME
(81-150% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
LOW TO MODERATE INCOME
(60-80% MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom 116 _
4 Bedroom
TOTAL 116
LOW INCOME
(51%-60% MI)
Efficiency
1 Bedroom
2 Bedroom
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3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME
(50% OR LESS MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(1) Base residential density allowed in this development 3 units/acre.
(2) Gross acreage 23.15.
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00 185 units.
(4) Gross residential density of this development (including affordable housing density
bonus units) 5 units/acre.
(5) Percentage of affordable housing units pledged by the developer(as a percent of the
total number units in the development) 100%.
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APPENDIX A, EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for
and the tables with which to calculate the density bonus for a particular project. Exhibit C
contains the current median income and acceptable rents for very low, low, moderate, and gap
income households in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonuses which may be granted for a development based on
household income level, type of affordable housing units (owner-occupied or rental, single-family
or multi-family, where applicable and percentage of affordable housing units in the development.
To use the affordable 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, or moderate) of the affordable
housing unit(s) proposed in the development, as shown in Table A. Next, determine the percent of
that type of affordable 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
housing density bonus (AHDB) available to that development. Developments with percentages of
affordable housing units which fall in between the percentages shown on Table A shall receive an
affordable housing density bonus equal the lower of the two percentages it lies between plus
1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable
housing rental units in the development. For example, a development which has 24% of its total
residential dwelling units as affordable housing units, and which has an affordable housing density
bonus rating of"four" will receive an affordable housing density bonus (AHDB) of 4.4 residential
dwelling units per gross acre for the development.
In no event shall the affordable housing density bonus exceed eight (8) dwelling units per
gross acre.
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APPENDIX A, EXHIBIT B
AFFORDABLE HOUSING
DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages if
necessary.
TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING
MAXIMUM ALLOWABLE DENSITY BONUS BY PERCENT OF DEVELOPMENT
DESIGNATED AS AFFORDABLE 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 Housing Density Bonus.
In no event shall the maximum gross density allowed exceed 16 units per acre.
Calculations:
Moderate Income Household—3 bedroom units = 1
AHDB @ 100%Affordable Units = 8 Units/Acre
8 du/ac x 23.15 acres = 185 dwelling units
Requested Bonus Density = 46.30 dwelling units
Existing Base Density = 69.45 dwelling units
Total Proposed Density =115.75=116 dwelling units
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APPENDIX A, EXHIBIT C
INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME.
Pursuant Chapter 74, Section 74-402 (a)(1); Collier County Code of Laws and Ordinances,
moderate income is 61%to 80% of the median income, low income is 51%to 60% of the
median income and very low income is less than 50% of the median income.
COLLIER COUNTY MEDIAN INCOME 2018
Effective: 411/2018
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 79,200 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
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation(FHFC) calculates rents to use in the State Apartment
Incentive Loan(SAIL) and the Low-Income Rental Housing Tax Credit(LIHTC)programs. The
rents given below are based on 2001 data from FHFC. Utility costs are provided from the
County's Section 8 Rental Assistance Program which is administered by the Collier County
Housing Authority.
HOUSING COSTS BASED ON 30% FAMILY INCOME
ONE TWO THREE FOUR
BEDROOM BEDROOM BEDROOM BEDROOM
UNIT UNIT UNIT UNIT
150% $1,961 $2,355 $2,720 $3,034
80% $1,046 $1,256 $1,451 $1,618
60% $785 $942 $1,089 $1,215
50% $654 $785 $907 $1,012
35% $458 $549 $635 $708
25% $327 $392 $453 $506
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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 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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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 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 $ $ $ $
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Union Pension $ $ $ $
Self-Employment Business,
Silent Partner, etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT
YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL
OCCUPY THE AFFORDABLE, WORKFORCE,OR GAP 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 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 , 2018.
(notary seal)
Notary Public
My Commission Expires:
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EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay: $
Number of Hours Worked (Weekly): . Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ $
Monthly Annually
Supervisor
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced as
identification.
Witness my hand and official seal this day of ,2018.
(notary seal)
Notary Public
My Commission Expires:
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APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Collier County
Community 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; Parcel B of the Regal Acres RPUD is 23.15 acres
2. Has an application for rezoning been requested in conjunction with the affordable housing
density bonus process?
X Yes No
If yes, state date of application October 20,2017 and if the request has been approved, state the
Ordinance number
3. Gross density of the proposed development. 5
Gross acreage of the proposed development. 23.15
4. Are affordable-workforce 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.
Regal Acres RPUD Development Parcel B; Located on the west side of Greenway Road,
approximately 3 '/2 miles east of Collier Blvd (C.R. 951) and approximately one mile north of U.S.
41. Property ID# 00737760008, 00741080606, 00738280008, 00737720006, 00741100104
5. Name of applicant: Habitat for Humanity of Collier County, Inc.
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
Two Bedroom
Three Bedroom 116
Other Bedroom
TOTAL 116
TABLE II Number of Affordable-Workforce Housing Units
Total Number of Proposed Use for
Affordable Units Density Bonus Units
in Development
Owner Owner
Rental Occupied Rental Occupied
LOW-MODERATE INCOME
60-80% MI
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom 116 46
Other
TOTAL 116
In accordance with LDC Section 2.06.03.D.—All owner occupied
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7. Please provide a physical description of the affordable units by type of unit (very low income, low
income, moderate 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.
Parcel B of Regal Acres RPUD will be designed and developed with single family homes,
although the developer may construct duplex or multi-family homes. Single family units will be
owner occupied and will have less than or equal to 1,400 square feet of living area. Alternate
two-family or multi-family dwelling units would be the same floor area. All of the units will have
at least 3 bedrooms and 1 bath. The homes will be designed for low and moderate-income
families.
The dwelling units will be designed with vinyl tile flooring and have window blinds, a washer
and dryer, kitchen range with oven, refrigerator, bathroom exhaust fans, and central air
conditioning.
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 project qualifies for up to 8 units per acre of additional affordable housing bonus density in
addition to the three (3) base density units per acre. The petitioner is only requesting 2 units per
acre from the eligible additional density bonus, resulting in gross development density of 5 units
per acre for a total of 116 dwelling units on Parcel B, with the entire RPUD accommodating 300
units. All units will be designed as affordable housing. Additionally, Parcel B will contain
common recreation space, preserves, pathways and a lake. It will meet new discharge standards
to provide ample control of flooding both for the project and the surrounding area. Adequate
access will be provided through the RPUD's loop road system, with two access points from
Greenway Road. This request is consistent with the County's Growth Management Plan policies,
especially those addressing affordable housing.
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