Resolution 1998-099
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RESOLUTION NO. 98- ~
RESOLUTION AUTHORIZING FINAL
ACCEPT ANCE OF THOSE ROADWAY.
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN MAJESTIC PINES. RELEASE
OF THE MAINTENANCE SECURITY, AND
ACCEPTING THE MAINTENANCE
RESPONSIAILlTY FOR THE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE UOMEOWNERS
ASSOCIA TION.
WHEREAS. the Board of County Commissioners or Collier County, Florida, on
I"ovember 1 J, 1992, approved the plat of Majestic Pines for recording; and
WHEREAS, the developer has constructed and maintained the roadway, drainage.
water and sewer improvements in accordance wilh the approved plans and specifications
and as required by Ihe Land Development Code (Collier County Ordinance No. l) I_I 02.
as amended); and Ihe Utililies Standards and Procedures Ordinance (Collier County
Ordinance No. 97- 17). and
WHEREAS. the developer has now requested final acceptance of the roadway.
drainage. water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Sen'ices
D~..partment has inspected the roadway, drainage. water and sewer improvements and is
recommending acceptance of said facilities.
NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY
(,O~fMISSIOI"ERS OF COLLIER COUNTY, FLORIDA, thai final acceptance be
!:;rantcd for those roadway, drainage, water and scwer improvements in Majestic Pines,
Hlld authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance lInd other allendant costs for the roadway. drainage. water and sewer
improvements that are not required to be maintained by the homeowners association.
This Resolution adopted aOer motion. second and majority vote favoring same.
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DATE: 7';':"''':''/ ,.I
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Approved as to form and legal
sufficiency:
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BY:&.~~ ~ __
BAR RA B. B'ERR~et
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Heidi F. Ashton
Assislanl Collier County Attorney
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PERPORMANCE AGREEMENT
Rental Rehabilitation Program
THIS PERFORMANCE AGREEMENT, made and entered into this 4th
day of March, 1998, by and hp-!:wf?en Community Housi.ng Partnership
of Collier County, Inc., (Developer), its successors and assigns,
party of the first part, and Collier County, a political sub-
division of the state of Florida, party of the second part,
WITNESSETH: \'lHEREAS, the party of the first part, has
applied for and received a Rental Rehabilitation Loan through the
Department of Housing and Urban Improvement, Collier County,
Florida; and,
WHEREAS, t~e proceeds of said loan shall be applied toward
the rehabilitation of certain improvements located in Collier
County, Florida, more particularly described below, which
property shall be used for residential rental purposes under the
terms and conditions described herein; and,
WHEREAS, the purpose of the above-mentioned loan, as
evidenced by th~ promissory note and mortgage executed this date,
and the restrictions and covenants set forth herein is to
rehabilitate property in Collier County, Florida which will
provide decent, safe, and sanitary housing, principally for the
benefit of low to moderate income persons, in a nondiscriminatory
manner, and therefore; the party of the first part recognizes,
covenants and agrees that the restrictions set forth herein shall
be adhered to during the stated term regardless of the
satisfaction of the promissory note and mortgage and note
executed herewith or any other liability which the party of the
first part may have the party of the second part.
NOW, THEREFOR, the party of the first part does hereby
acknowledge the facts and purposes under which these restrictions
are executed as described in the preamble hereinabove set forth
and does furthermore incorporate said facts and conditions as if
set forth herein in full;
FURTHERMORE, the party of the first part
additionally acknowledge, covenant and agree,
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does
for
hereby
himsel f .
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hers~lf, or itself, his, hers, or its h~irs, succeSS0rs and
assigns, to the conditions and restrlctions set forth as follows:
1. The De'feloper shall not for a period of fifteen (IS)
years, beginnir.g on the date which the rehabilitation of the
units in the project is completed, discriminate against
prospective tenants on the basis of their children or eligibility
for housing assistance. In the event that such discrimination
does occur, the party of the first part shall be subject to
repayment of the entire unpaid Rental Rehabilitation Loan amount,
and payment of all attorney's fees and court costs incurred by
the party of the second part for collection of the same.
2. The Developer agrees that it shall not sell any of the
individual rental units rehabilitated with Rental Rehabilitation
Loan funds for at least (15) years beginning on the date on which
the rehabilitat:on of the units in the project is completed. In
the event of su=h a sale, the party of the first part shall be
subject to repayment of the entire unpaid Rental Rehabilitation
Loan amount, and payment of all attorneys fees and court costs
incurred by the party of the second part for collection of same.
3. The Developer agrees that it shall designate the (12)
unit apartment tuilding as very low income.
4. The monthly base rent for the affordable units may be
increased each year from the date of this Agreement as long as
the rent does not exceed one-twelfth (1/12) of 30 percent of an
amount which represents 50 percent (for very low income), of the
applicable median adjusted gross annual income for the household
as published annually by the U.S. Department of Housing and Urban
Development for the area defined as the Naples Metropolitan
Statistical area (MSA). The foregoing notwithstanding, any rent
charged for an affordable housing unit rented to a very low
income family shall not exceed 90 percent of the rent charged for
a comparable m~rket rate dwelling in the same or similar
development.
5. 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
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Naples Met~opolitan 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 A, which shall be adjusted from time to t.ime in
accordance with any adjustments that are authorized by HUD or any
successor agency. In the event that HUD ceases to publ ish an
established median income as aforesaid, the parties hereto shall
mutually agree to another reasonable and comparable method of
computing adjustments in median income.
6. No affordable housing Unit in the development shall be
rented to a tenant whose household income has not been verified
and certified in accordance with this Agreement as a very low
income family. Tenant income verification and certification shall
be repeated annually to assure continued eligibility.
7. 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 (ine! uding the entire household) may be used for the
purpose of income verification, which includes a statement of
release information, tenant verification of the return, and a
signature block with the date of application, The verification
shall be valid for 90 days, 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.
8. At a minimum, the rental agreement shall include the
following:
(i)
(ii)
(iii)
(iv)
(v)
name, address, and telephone number of the head
of household and all other occupants;
a description of the unit to be rented:
the term of the lease:
the rental amount;
the use of the premises;
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(vi) monitoring and enforcement provisions, including
disqualification of tenant; and
(vii) the rights and obligations of the parties.
Random inspection of files containing required documentation to
verify occupancy in accordance with this Agreement may be
conducted by the Housing and Urban Improvement Director.
9. The party of the first part shall provide the Housing and
Urban Improvement Director an annual progress and monitoring
report regarding the delivery of affordable housing rental units
throughout the period of their construction, rental and
occupancy. The report shall be filed on or before September 30 of
each year and the report shall submitted by the Developer to the
Housing and Urban Improvement Director. Failure to complete and
submit the monit~ring report to the Housing and Urban Improvement
within sixty (60) days from the due date shall result in penalty
of up to ($50.00) per day unless a written extension not to
exceed thirty (30) days is requested prior to expiration of the
sixty (60) submission deadline. No more than one extension may be
granted in a single year. The progress and monitoring report
shall be in a form provided by the Housing and Urban Improvement
Director.
10. No affordable Unit in any building or structure on the
property shall b~ occupied by the Developer, any person related
to or affiliated with the Developer, or by a resident manager.
11. The Developer hereto acknowledges that the Director of
Collier County Housing and Urban Improvement or his designee
shall have the authority to monitor and enforce Developer'S
obligations hereunder.
12. These Performance Agreement Covenants and restrictions
shall run with the land for a term of fifteen (IS) years as
stated herein above from the date ?f completion of rehabilitation
of all units in the project and the purpose of this paragraph is
to insure that all subsequent purchasers and/or assignees are
bound by these restrictions unless the promissory note and
mortgage executed herewith are fully satisfied.
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13, Provisions of this ~erformance Agreement shall be
enforceable by the party of the second part by injunctiv~ and/or
other appropria~e relief.
14. The pr~perties against which this Perform~nce Agreement
shall apply is 3ddressed as 4948 Biscayne Drive, Naples, Florida
and is particularly described as follows: NAPLES SOUTH UNIT BLK
16 LOTS 11 & 12 OR 826 PAGE 1552 AND TPOPIr:AL IolANOR r:OflDO APT fl1
OR 826 PAGE 1552 AriD TROPICAL IolAr/O?, COIIDO APT 10.2 'JP. ~L(J E'AGE 652
AND TROPI<:AL I1AllOR CONDO APT Bl OR 826 PAGE 652 AND TROPICAL
MANOR CONDO APT B2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT
C1 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT C2 OR 826 PAGE
652 AND TROPICAL MANOR CONDO APT 01 OR 826 PAGE 652 AND TROPICAL
MANOR CONDO APT 02 OR 826 PAGE 652 AND TROPICAL MANOP. COllDO APT
E1 OR 826 PAGE 652 AND TROPICAL MANOR APT E2 OR 826 PAGE 652.
IN WITNESS WHEREOF, the parties have executed this agreement
on the date and year first written above.
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State of Florida
County of Collier
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Vanessa Fitz, Pr i ent,
Community Housi Partnership
of Collier County, Inc.
The foregoing Performance Agreement was acknowledged
before me by Vanessa Fitz, President, Community Housing
Partnership of Collier County, Inc. ~rr.!._P_Y Krl:C?wo to me or who
produced as identification.
"""/1/ WITNESS my hand and official seal this /09"'- day of
--1.1' 14.1 L'.J.-. , 1998.
(affix notary seal)
'1'"' JOHN.....-.oN
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DATED: j//}j{1t'
ATTEST:
Dwight E. Brock, Clerk
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My commission"-i~Pires:
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BOARD OF COUNTY COMMiSSIONERS
COLLIER COUNTY, FLORIDA
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Bar ra 8, 8er:;1~ Ch .
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Exhibi t "A"
Leqal Addres:;: NAPLES SOUTH UNIT BLK16 LOTS 11 & 12 OR 826 PAGE 652
AND TROPICAL MANOR CONDO APT A1 OR 826 PAGE 652 AND TROPICAL
MANOR CONDO ART A2. OR 826 AND TROPICAL MANOR CONDO APT 81 OR 626
PAGE 652 AND TROPICAL MANOR CONDO APT B2 OR 826 PAGE 652 AND
TROPICAL MANOR CONDO APT C1 OR 826 PAGE 652 AND TROPICAL MANOR
CONDO APT C2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT 01 OR
826 PAGE 652 AND TROPICAL MANOR CONDO APT D2 OR 826 PAGE 652 AND
TROPICAL MANOR CONDO APT E1 OR 826 PAGE 652 AND TROPICAL MANO.B
CONDO APT E2 OR 826 PAGE 652.
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