Agenda 03/14/2023 Item #16A 4 (Terminate the Agreement with Summer Lakes Apartments II)16.A.4
03/14/2023
EXECUTIVE SUMMARY
Recommendation to approve a Termination of Agreement Authorizing Affordable Housing Density Bonus
and Imposing Covenants and Restrictions on Real Property for Summer Lakes Apartments II that has
satisfied the terms of its affordability period.
OBJECTIVE: To terminate the Agreement with Summer Lakes Apartments II which was authorized for
Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property that have satisfied
the terms of its affordability period.
CONSIDERATIONS: To support the affordability of housing in Collier County and administer requirements of
the Land Development Code, in 2004 the Collier County Board of County Commissioners (Board) approved an
Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real
Property for the Summer Lakes Apartments II affordable rental development. The Agreement granted a density
bonus of eight (8) units per acre, for a total resulting gross density of 15 units per acre and 303 apartment units. The
Agreement carried a 15-year restriction requiring 100% of the units to be rented at rates affordable to low and very -
low -income households.
The final certificate of occupancy for the development was issued on March 12, 2007, and the developer has now
met and completed the terms of its agreement. At this time, it is appropriate for the County to terminate this
agreement.
The Summer Lakes development's current affordability restriction with the Florida Housing Finance Corporation is
not set to expire until 2037. So, while the terms of the County's restriction may have run their course, the state's
restrictions will ensure that this development remains affordable for at least another fifteen (15) years.
Approval of this item will authorize the Chairman to sign the Termination Agreement and the executed document
shall be recorded in the Public Records of Collier County, Florida.
FISCAL IMPACT: There is a recording fee of $27.00 at the expense of the developer as stated in the agreement.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board
approval. -DDP
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign a Termination of Agreement
Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property for
Summer Lakes Apartments II that has satisfied the terms of its affordability period.
Prepared By: Chris Montolio Operations Support Specialist II, Economic Development and Housing Division.
ATTACHMENT(S)
1. termination agreement.affordable housing density bonus (PDF)
2. SummerLakes_DensityBonus_Agreement (PDF)
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16.A.4
03/14/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.4
Doc ID: 24546
Item Summary: Recommendation to approve a Termination of Agreement Authorizing Affordable Housing
Density Bonus and Imposing Covenants and Restrictions on Real Property for Summer Lakes Apartments II that
has satisfied the terms of its affordability period.
Meeting Date: 03/14/2023
Prepared by:
Title: — Growth Management Development Review
Name: Chris Montolio
02/01/2023 8:57 AM
Submitted by:
Title: Environmental Specialist — Growth Management Department
Name: Jaime Cook
02/01/2023 8:57 AM
Approved By:
Review:
Growth Management Department Diane Lynch Growth Management Department
Growth Management Development Review Cormac Giblin
Growth Management Department Jaime Cook Division Director
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell
Zoning
Growth Management Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
County Manager's Office
Board of County Commissioners
Mike Bosi
Additional Reviewer
James C French
Growth Management
Derek D. Perry
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Laura Zautcke
Additional Reviewer
Ed Finn
CMO Completed
Geoffrey Willig
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed 02/01/2023 11:05 AM
Additional Reviewer Completed
02/01/2023 11:35 AM
Completed 02/03/2023 1:38 PM
Additional Reviewer Completed
02/17/2023 8:43 AM
Completed 02/22/2023 1:20 PM
Completed 02/23/2023 5:33 PM
Completed 03/02/2023 9:01 AM
Completed 03/02/2023 9:22 AM
Completed 03/02/2023 1:22 PM
Completed 03/02/2023 6:55 PM
03/05/2023 6:27 PM
Completed 03/06/2023 9:31 AM
03/14/2023 9:00 AM
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16.A.4. a
Prepared by and Return to:
Yisell Rodriguez, Esq.
Nelson Mullins Riley & Scarborough LLP
390 North Orange Avenue, Suite 1400
Orlando, FL 32801
TERMINATION OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL
PROPERTY
This TERMINATION OF AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL
PROPERTY (this "Termination") is entered into as of the 1 Oth day of August 2022 (the "Effective
Date"), by COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a political
subdivision of the State of Florida (the "Coup ").
WITNESSETH:
WHEREAS, SUMMER LAKES APARTMENTS II, LTD., a Florida limited partnership
(the "Owner"), is the owner of that certain multi -family affordable housing development known
as the Summer Lakes Apartments II (the "Improvements"), which is located on the land legally
described in Exhibit "A" attached to and made a part of this Termination (the "Land"). The Owner
holds fee title to the Land and the Improvements. The Land and the Improvements constructed
thereon are collectively referred to in this Termination as the "Project".
WHEREAS, the County and Benderson 85-1 Trust, WR-1 Associates, Ltd., and RB-3
Associates (prior owners of the Land) previously entered into that certain Agreement Authorizing
Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property
(the "Covenant Agreement'), which Covenant Agreement encumbers the Land and the
Improvements.
WHEREAS, the Covenant Agreement has terminated by its terms, but it requires a written
agreement of termination by the County.
NOW, THEREFORE, for and in consideration of the foregoing Recitals and other good
and valuable consideration, the receipt of which is hereby acknowledged, the County does hereby
terminate the Covenant Agreement and deem it of no further force and effect.
[22-GRC-01367/ 1763746/2]
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16.A.4.a
IN WITNESS WHEREOF, County has executed this Termination as of the date and year
first above written on this 28th day of February 2023.
ATTEST:
CRYSTAL K. KINZEL, Clerk
Deputy Clerk
Approved as to form and sufficiency:
Derek D. Perry
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Rick LoCastro, Chairman
[22-GRC-01367/ 1763746/2]
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16.A.4. a
EXHIBIT "A"
Legal Description
The West One-half (1/2) of the Southwest quarter (1/4) of the
Northeast quarter (1/4) of Section 30, Township 48 South, Range 26
East, Collier County, Florida.
[22-GRC-0 1367/1763746/21
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AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT Is made as of the day of 2004, by and
between Benderson 85-1 Trust, WR-I Associates, Ltd, R13-3 Associates, and/or their
successors (the "Developer") and the Collier County Board of County Commissioners
(the "Commission"), collectively, the 'Parties."
RECITALS:
A. The Developer is the owner of a tract of real property described as (See
attached Legal Description) in Collier County, Florida (The 'Property") The legal and
equitable owners include Benderson 85-1 Trust, WR-I Associates, Ltd., and RB-3
Associates . It is the Developers Intent to construct a maximum of up to 303 residential
units (the "Units") at a density of 15 units per gross acre on the Property. The gross
acreage of Property is 20.23 acres. The number of affordable Units constructed by
Developer shall be up to 303, representing 100 percent of the total number of
residential Units in the development. However, the developer in accordance with
Section 7.6 of the Bosley PUD Ordinance may construct a lesser number of dwelling
units provided the same percentage of low income, very low income, and very -very low
Income housing units are developed.
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
Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as
Land Development Code (LDC) § 2.7.7., 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 162 bonus Units on the Property, If the Developer
agrees to construct affordable Units as specified in this Agreement and the Developer
covenants and agrees to use the affordable units only as rental property.
NOW, THEREFORE, In consideration of the approval and granting of the density
bonus of 8.0 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:
i'I u61iclPau3ckIP6WA$rtemi Exhibit "B"
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1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements. 'rhe Developer hereby agrees that it shall
construct up to 303 affordable Units which Units shall be rented in accordance with the
terms and conditions of this Agreement and as specified by the attached Appendix A,
Exhibits A, l3, and C, which Appendix is incorporated by reference herein and
constitutes a part of this Agreement.
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
appfying or interpreting this Agreement. In addition to these defined terms and the
applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as shown on a PUD master plan,
subdivision masterplan or site development plan; or (h) 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) Base Rent. The monthly base rent for the affordable Units shall be in
accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly
rent may be Increased each year from the date of this Agreement as long as the rent
does not exceed one -twelfth (1112) of 30 percent of an amount which represents 50
percent (for very low income), and 60 percent (for low income) of the then 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 low income or very low income family
shall not exceed 90 percent of the rent charged for a comparable market rate dwelling
in the same or similar development.
(3) 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
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agree to another reasonable and comparable method of computing adjustments in
median income.
(4) 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 rtnit provided under the affordable housing density bonus program
prior to being qualified at the appropriate level of income (low or very low income) in
accordance with this Section.
The Developer shall be responsible for qualifying tenants by accepting
applications from tenants, 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 the Housing and Urban
Improvement Director. Qualification by the Developer of any tenant as an eligible tenant
family shall be subject to review and approval in accordance with the monitoring and
enforcement program created and adopted by Resolution of the Commission in LDC §§
2.7,7.5. and 2.7.7.6., respectively.
(a) Application. A potential tenant shall apply to the developer, owner,
manager, or agent to qualify as a low or very low income family for the purpose of
renting and occupying an affordable housing rental unit pursuant to the affordable
housing density bonus program. The Preliminary Application for Affordable Housing
Unit shall be provided by the Housing and Urban Improvement Director 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 rented to a tenant whose household income has not been verified
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and certified in accordance with this Agreement and Ordinance No. 90-89, as
amended, as a low or very low income family. Tenant income verification and
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certification shall be repeated annually to assure continued eligibility.
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(c) Income Verification, The Developer shall obtain written verification from
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the potential occupant (including the entire household) to verify all regular sources of
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Income (including the entire household). The most recent year's federal Income tax
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return for the potential occupants (including the entire household) may be used for the
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purpose of Income verification, if attached to the Affordable Housing Applicant Income
Verification form, which includes a statement to release information, tenant verification
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of the return, and a signature block with the date of application. The verification shall be
valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period,
the information may be vernally updated from the original sources for an additional 30
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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 by the Housing and Urban
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Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement
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and incorporated by reference herein. a
(d) Income Certification. Upon receipt of the Preliminary Application for w
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Affordable Housing Unit and"Affordable Housing Applicant Income Verification form, the cc
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Developer shall require than an income certification form be executed by the potential m
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tenant (including the entire household) prior to rental and occupancy of the affordable E
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housing unit by the tenant. Income certification shall assure that the'potential occupant y
has a low or very low household income which qualifies the potential occupant as an E
eligible family to rent and occupy an affordable housing unit under the affordable
housing density bonus program. The Affordable Housing Applicant Income Certification
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form shall be provided by the Housing and Urban Improvement Director as shown in
Appendix B, Exhibit C, attached to this Agreement and incorporated by reference £
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herein. 4)
(e) Rental Agreement. At a minimum, the rental agreement shall include the
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following:
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(i) name, address, and telephone number of the head of household and all
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other occupants;
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(li) a description of the unit to be rented;
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(ill) the term of the lease;
(iv) the rental amount;
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(v) the use of the premises;
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(vi) monitoring and enforcement provisions, including disqualification of
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tenant; and
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(Vii) the rights and obligations of the parties.
Random inspection of files containing required documentation to verify
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occupancy in accordance with this Agreement and Ordinance No.90-89, as amended,
may be conducted by the Housing and Urban Improvement Director.
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(5) Disqualification of Tenant, In the event that tenant qualification is not
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subsequently confirmed by the Housing and Urban Improvement Director or his
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designee, then such tenant shall be required to vacate the affordable unit. If tenant
vacation of the affordable unit Is the result of an error, omission or misrepresentation
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made by Developer, tenant shall vacate the affordable unit within thirty (30) days and
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Developer shall pay penalties as provided by the monitoring and enforcement program.
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If tenant vacation of the affordable unit is the result of a misrepresentation made by the
tenant, tenant shall vacate the affordable unit within 15 days and shall pay penalties as
provided by the monitoring and enforcement program. Such eventuality shall be
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expressly detailed in the lease agreement between Developer and tenant.
(6) Annual Progress and Monitoring Report. The Developer 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 annual progress and monitoring report shall,
at a minimum, provide any information reasonably required to insure compliance with
Ordinance No. 90-89 or subsequent amendments thereto. The report shalf be filed on
or before September 30 of each year and the report shall be submitted. by the
Developer to the Housing and Urban Improvement Director. Failure to complete and
submit the monitoring report to the Housing and Urban Improvement Director 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.
(7) 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 7 units per acre, and is therefore granted a density
bonus of 8 density bonus units per acre, for a total (total = density bonus units per acre
X gross acreage) of 162 density bonus units, pursuant to Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, The Commission further agrees that the
Developer may construct thereon, in the aggregate a maximum number of up to 303
units on the Property provided the Developer is able to secure building permit(s) from
Coiner County.
4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Housing and Urban Improvement Department 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 the Collier
County Affordable Housing (Density Bonus Ordinance to rent, sell or occupy, or attempt
to rent, sell or occupy, an affordable housing rental unit Provided under the affordable
housing density bonus program except as specifically permitted by the terms of this
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Agreement; or to knowingly give false or misleading information with respect to any
information required or requested by the Housing and urban Improvement Director or
by any other persons pursuant to the authority which is delegated to them by tho
Ordinance.
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 allgwed by
law.
b. Notice of Violation for Code Enforcement Hoard Proceedings.
Whenever it is determined that there is a violation of this Agreement that should be
enforced before the Code Enforcement Board, then a Notice of Violation shall be
issued and sent by the Housing and Urban Improvement Director by certified return -
receipt requested U.S. Mail, or hand -delivery to the person or developer in violation of
the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by
the Housing and Urban Improvement Director or such other County personnel as may
be authorized by the Board of County Commissioners, shall specify the violation or
violation, Section of this Agreement or of Ordinance No. 90-89 or subsequent
amendments thereto violated, name of the Housing and Urban Development Director,
and date and time when the violator shall appear before the Code Enforcement Board.
C. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units in accordance with this Agreement or with Ordinance No.
90-89, 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 Ordinance No. 90-89, as amended.
6. Assignment by Commission. The Director of the Collier County
Department of Financial Administration and Housing may assign all or part of its E
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obligations under this Agreement to any other public agency having jurisdiction over the
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Property provided that It gives the Developer thirty (30) days advance written notice
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thereof. The Developer may not assign, delegate or otherwise transfer all or part of its E
duties, obligations, or promises under this Agreement to any successor in interest to the ;g
Property without the express written consent of the Director of the Collier County Q
Department of Financial Administration and Housing, 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
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written consent of the Director of the Collier County. Department of Financial
Administration and Housing as required by this Section shall be void ab irutio.
7. Severability. If any section, phrase, sentence or portion of this Agreement
is for any reason hold 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.
B. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shah be sent ay mail,
Postage prepaid, to the parties at the following addresses:
To the Commission: Housing & Urban Improvement Dept.
280C N. Horseshoe Drive
Naples, Florida 34104
To the Developer: Benderson 854 Trust
RB-3 Associates
WR-1 Associates, Ltd.
8441 Cooper Creek Boulevard
University Park, Florida 34201
Any party may change the address to which notices are to be sent by notifying the other m
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party of such new address in the manner set forth above.
9. Authority to Monitor. The parties hereto acknowledge that the Director of
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Collier County Housing and Urban Improvement or his designee, shall have the
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authority to monitor and enforce the Developer's obligations hereunder. m
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10. Indemnify. The Developer hereby agrees to protect, defend, Indemnify
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and hold Coliier County and its officers, employees, and agents harmless from and rnl
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against any and all claims, penalties, damages, losses and expenses, professional o
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fees, including, without limitation, reasonable attorneys fees and all costs of litigation r
and judgments arising out of any claim, willful misconduct or negligent act, error or
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omission, or iiabllity of any kind made by Developer, its agents or employees, arising yl
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out of or incidental to the performance of this Agreement.
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11, Covenants. The Developer agrees that all of its obligations hereunder m
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shall constitute covenants, restrictions, and conditions which shall run with the land and E
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shall be binding upon the Property and against every person then having any
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ownership Interest at any time and from time to time until this Agreement is terminated. m
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in accordance with Section 14 below. However, the parties agree that If Developer e
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transfers or conveys the Property to another person or entity, leveloper shall have no Q
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
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12. Recording. This Agreement shall be recorded at Developer's expense in
the official recerds 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 type of affordable housing rental unit (low or very low income)
designated in accordance with this Agreement for at least fifteen (15) years from the
date of issuance of a Certificate of Occupancy for such unit. After fifteen (15) years this
Agreement may terminate upon a date mutually agreed upon by the parties and stated
in writing.
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.
b. When the Developer advertises, rents, sells or maintains the co�
affordable housing unit, it must advertise, rent, sell, and maintain the same in a non- _
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discriminatory manner and shall make available any relevant information to any person aE)
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who is interested in renting or purchasing such affordable housing unit.
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G. The Developer agrees to be responsible for payment of any real
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estate commissions and fees assessed in the rental or purchase of affordable units. °
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e. The affordable housing units shall be intermixed with, and not N
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segregated from, the market rate dwelling units in the development.
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f. The square footage, construction and design of the affordable W
housing units shall be the same as market rate dwelling units in the development. At(
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physical amenities in the dwelling units, as described in item number seven (7) of the E
Developer Application for Affordable Housing Density Bonus shall be the same for
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market rate units and affordable units. For developments where construction takes
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place in more than one phase, ail physical amenities as described in item number E
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seven (7) of the Developer Application for Affordable Housing Density Bonus shall be r
the same in both the market rate units and the affordable units in each phase, units in Q
a subsequent phase may contain different amenities t? an units In a prevlous 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
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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 sha€I 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 as built consisting of affordable units.
18. Disclosure. The developer shall not disclose to persons, other than the
potential tenant, 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 Chapter 163.3220, Fla. Stat. (19B9) and as amended.
21. Preapplication. Developer has executed and submitted to the
Development Services Director 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 ❑aveloper to exhibit that this Agreement has terminated in
accordance with the provisions of paragraph 14 above.
Pago 9 of 23
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16.A.4. b
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST:
DW GHT Ct
Ufa.'''.' ;
BOARD OF COUNTY COMMISSIONERS
COLLIER C NTY, FLORID
pep Cler':r
v t Ura
8y: DO IA , Chairman'
provedas to form and legal sufficiency:
Patrick G. White
Assistant County Attorney
DEVELOPER: Benderson 85-1 Trust, RB-3 Associates, and WR-I Associates, Ltd.
By.
-T��SS E OF 6t.1tfERbo,-i 8�•-k '�
+w?.-T,(UL of -K3 1•or_i ALS.St`
Witnesses: tPRINT ND SIGN NAMES BELOW)
4L-(-C fl
4)A4
STATE OF FLOR A 1
COUNTY OF 6@L-L-IE)
mPrrl R*
w rn. ae�
Est T of
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing
Covenants And Restrictions On Real Property was
tnacknowledged before me -by
1�r11�1C!{�L1��j�AiCScs�7U>� nr(_ ►SAL �[d,.,/��.-Li�.U.S7'}--.F��'1�-O(�.
_AIM -- wwr4E' on, A [tale nd 12*,0AN:f d QB __T--A-S)C.
WITNESS my hand and official seal this 1-1� day of
2404,
My Commission Expires:
Notary Public
.Qr A
►N Ca„na:.:on t
or n ElOms WwCh 71 2WT
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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
LOW INCOME. (60% MI)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
VERY LOW INCOME (50% MI)
Efficiency
1 Bedroom
Max Rent Utility Allow. Net Rent
69 ($942.00 - $82.00 = $860.00)
68 ($1089.00 - $ I 19,00 = $970.00)
137
2 Bedroom 76 ($785.00- $82.00 = $703.00)
3 Bedroom 75 ($907.00 - $119.00 = $788.00)
4 Bedroom
TOTAL 151
VERY-VLRY LOW INCOME (40% MI)
Efficiency
1 Bedroom
2 Bedroom in
3 Bedroom 5 ($628.00 - $82.00 -
$546.00)
4 Bedroom ($726,00 - 3119.00 =
$607.00)
TOTAL 15
(1) Base residential density allowed in this development 7 units/acre.
(2) Gross acreage 20.23.
(3) Maximum number of affordable housing density bonus units allowed in this
development pursuant to Section 7 Ordinance 90-89, 162 units/acres,
(4) Gross residential density of this development (including afi'ordable housing density
bonus units) 15 units/acre.
(5) Percentage of affordable units pledged by the developer (as a percent of the total
number units in the development) 100 %.
Page 11 of 22
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APPENDIX A EXHIRIT B
AFFORDABLE HOCJ$ING DENSITY BONUS RATING SYSTEM
Section 7, Ordinance No. 90-89, 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 low and very low income
households in Collier County.
The affordable housing density bonus rating system shall be used to determine the amount
of the affordable housing density bonus which may be granted for a development' based on
household income level, number of bedrooms per affordable housing unit, type of affordable
housing units (owner -occupied or rental, single-family or multi -family) and percentage of
affordable housing units in the development. To use the affordable housing density bonus rating
system, Tables A and B, below, shall be used, Tables A and B shall be reviewed and updated if
necessary on an annual basis by the Hoard of County Commissioners or its designea,
First, choose the household income level (moderate, low, or very low) of the affordable
housing unit(s) proposed in the development, and the type of affordable housing units
(owner -occupied or rental, single-family or multi -family, where applicable) to be provided, as
shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for
the affordable housing unit(s). An affordable housing density bonus rating based on the household
income level and the number of bedrooms is shown in Table A.
After the affordable housing density bonus rating has been determined in Table A, locate it
in Table B, and determine the percent of that type of affordable housing unit proposed in the
development compared to the total number of dwelling units in the development. From this
determination, Table B 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 B 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 (Al-IbB) of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on level of income and
number of bedrooms shown in Table A) is proposed for a development, the affordable housing
density bonus for each type shall be calculated separately in Table B. Alter the affordable housing
density bonus calculations for each type of affordable housing unit have been completed in Table
B, the affordable housing density bonus for each type of unit shall be added to those for the other
type(s) to determine the maximum affordable housing density bonus available 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, EXIIIBIT 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
LEVEL NUMBER OF BEDROOMS/UN1T
OF HOUSEHOLD ^
INCOME EFFICIENCY 2 3 OR
AND I _ MORE
MODERATE (OWNER -OCCUPIED, 0 1 * 1
SINGLE,FAMILY)
LOW (OWNER -OCCUPIED OR RENTAL 2
SINGLE-FAMILY OR MULTI-
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-FAMILY OR
MULTI -FAMILY) 3 5
*For cluster housing developments in the Urban Coastal Fringe, add I density bonus to obtain 2.
TABLE B: AFFORDABLE HOUSING DENSITY 130NUS
(ADDITIONAL., AVAILABLE DWELLING UNITS PER GROSS ACRE)
AFFORDABLE HOUSING %_OF AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING
10%
20%
30%
440%
0
0
l
2
2
0
1
2
3
3
2
3
4
5
4
3
4
5
?
5
4
5
7
g
Density Honus: 3:3 for 69 two -bedroom units 4:2 for 68 three -bedroom units, 4:8 for 86 very
low two -bedroom units, and 5:6 for 80 three -bedroom units. Total bonus density of 17.9
equates to a density bonus of 8 dwelling units per acre.
Page 13 of 22
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16.A.4. b
APPENDIX A EXHIBIT C
INCOME AND RENT LEVELS FOR TILE LOW AND MODERATE INCOME.
Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners,
December 16, 1992, 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.
MEDIAN INCOME, 2001
$65,000 Naples, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
l 2 3 4 5 b 7. 8
100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800
80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650
60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 5t,500
50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900
35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030
25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450
RECOMMENDED RENTAL RATES
The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low�lncome 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 30016 FAMILY INCOME
ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM
UNIT UNIT UNIT UNIT
100%
1,218
1,462
1,690
1,884
80%
975
1,170
1,351
1,507
60%
731
877
1,014
1,131
500/c
609
731
845
942
35%
426
511
591
659
25%
304
365
422
471
UTILITY ALLOWANCES
ONE DIR TWO BIR
THREE LI/R
FOUR D/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 I06.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS
fldensltybonusllnc&rent rev.4f0i
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APPENDIX B, EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired:. Date of Application: Amt. Of See. Deposit: -
Your Name: Race/National Origin: Handicap: Yes _ No
Co -Tenant Name Race/National Origin: I landicap: Yes_ No_
Present Address:
Street City State Zip Telephone No.
Name of Landlord _ I low Long at this Address:
Landlord's Address:
Street City State 'lip 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 S Weekly $ Every 2 Weeks S Monthly $__
SOciel Security Number Birth Date ---_
Previous Employers Name
Address and Telephone
Na.
How long with Previous Employer Job Title
CO -TENANT:
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
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I
How Iong with Previous Employer . Job Titic
NAMFSOFALL WHOWILL. QCCIIPYAPARTMENT AIRTHDAU SEX Agg SOCIALSE .UHITI'
1.
2
3.
PERSONAL REFERENCES of Relatives
1. game: Address: H6w Long Known:
2. Name; _ , Address: How Gong Known:
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APPENDIX BL_EXHIBTT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Nantes. Social Security Number
Co -Tenant's Name:: Social Security Number
Present Address:
Street City State Zip 'Telephone No.
I hereby make application for an apartment at Apartments.
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 infonnation is for the purpose of computing my annual income to
determine my qualification to rent/buy an affordable 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 -Tenant
--r-
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
$
$
$ T
$
Widows Benefits
$
$_
$
$
Union Pension
$ _
$
$
$
Self -Employment Business,
_
Silent Partner, etc.
$
$
$
$
Private Insurance Pension
$
$
$
$
TOTAL. ANNUAL INCOME
$
$
THE VERIFICATION HERS 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 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 HOUSING UNIT.
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APPENDIX B. EXHIBIT H
AFFORDABLE HOUSING APPLICANT INCOMEVERIFICATION
APPLICANT;
Present Employer; Job Title: _
Address;
Street City State Zip
hereby authorize the release of information requested
(Applicant)
on this verification form.
STATE OF FLORIDA )
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this
My Commission Expires:
Signature of Applicant
day of , 20DI
Notary Public
EMPLOYER VERIFICATION
Applicant's Gross Annual Income or Rate or Pay: S
Number of Hours Worked (Weekly): . Frequency of Pay:
Amount of Bonuses, Tips, or other Compensation Received: $ $
Monthly
STATE OF FLORIDA } Supervisor
) ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Witness my hand and official seal this day of
My Commission Expires: Notary Public
�rrr�r�
2001.
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 UNIT.
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16.A.4.b
APPENDIX C
DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS
Pursuant to the requirements of the Collier County Affordable Housing Density Bonus Ordinance No.
90-89, Section 6.4, please complete this form and submit it with any accompanying documentation to
the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy
must also be provided to the Housing and Urban improvement Director.
All items requested must be provided,
Please state what zoning districts are proposed by the applicant, if any, on the property and the
acreage of each;
_20.23 acres of PUD zoning is proposed on now agricultural zoned property
2. Has an application for rezoning been requested in conjunction with the affordable housing
Density bonus?
XX Yes No
If yes, state date of application ju1y/2003 and if the request has been approved, slate the Ordinance
number
3. Gross density of the proposed development. IS units/acre.
Gross acreage of the proposed development. 20.23 acres.
4. Are affordable housing density bonus units sought in conjunction with an application for a
planned unit development (PUD)? —XX_ Yes No.
If yes, please state name and location of the PUD and any other identifying information.
The BosIcY PUD is propdsed for a multi-Lamily affordable housi roiect located south of
Immokalee Road and west of 1-75 Section 30. Range 26 East and Township 48
5. Name of applicant ]3enderson 85-1 Trust. RB-3 Associates and WR I Associates,
_Ltd.
Name of land developer if not the same as Applicant: Benderson 13 -I Trust 1tB-3
Associates and 1VR-I Associates, Ltd.
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6. Please complete the following tables as they apply to the proposed development.
TABLE I Total Number of Units in Develonment
Type of
Owner
Unit
Rental Occupied
Efficiency
One Bedroom
Two Bedroom
155
Three Bedroom
148
Other Bedroom
TOTAL.
303
TABLE II
Number of fford ble 14ousin nits
Total Number of Proposed Use for
'Affordable units Density Bonus Units
in Development
Owner Owner
Rental Oceu ie Rental Occupied
MODERATE; INCOMP, (80% MI)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
LOW INCOME (60% MI)
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
68
Other
TOTAL��
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Total Number of Proposed Use for
Affordable Units Density Bonus
in Development Units
Rental Owner Rental Owner
Occupied O. ecUpied
VERY LOW INCOME (50% MI)
Efficiency
1 Bedroom
2 Bedroom 76 _
3 Bedroom 7
Other
TOTAL
151
Total Number of
Proposed Use for
Affordable Units
Density bonus
in Development
Units
Rental Owner
Rental Owner
Occu iced
Occupied
VERY -VERY LOW INCOME
(40% MI)
Efficiency
l Bedroom
2 Bedroom
10
3 Bedroom
5
Other
TOTAL
15
7. Please provide a physical description of the affordable units by type of unit (moderate, low,
very low 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, (See attachment,) .
8. Please supply any Other information which would reasonably be needed to address this request for
an affordable housing density bonus for this development. Attach additional pages,
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16.A.4.b
Summer Cakes Apartment Phase Il and III
The proposed development will incorporate a variety of design features and physical amenities
that will ensure that the residents will be.provided a safe, comfortable and energy efficient living
environment. The design features and physical amenities will contribute to an enhanced and
improved quality of life for all those who choose to call Summer Lakes their home. In addition,
the community will meet all building codes, Fair Housing Act and Americans with bisabilities
Act Requirements.
The proposed development will consist of a newly constructed apartment community, The
development will consist of up to 303 apartment homes constructed in either one or two phases
on approximately 20 acres. The property location is at the southwest comer of the intersection of
Immokalee Road and I-75 in Napes, FL. The buildings will be a maximum height of four stories
or 45 feet garden style. One building will house the clubhouse, which will include our
management office, resident service coordinator, resident activities, and community services,
with recreational amenities and a pool.
Project amenities will include a custom designed outdoor pool, volleyball court, tot
lot/playground, gazebo/picnic area, exercise room with appropriate equipment, computer room,
adequate parking and attractive landscaping.
Unit amenities will include wail -to -wall carpet, mini blinds, ceiling fans in all living and
bedroom areas, full si7.e range, dishwasher, refrigerator, garbage disposal, cable TV hookup and
central air. The apartments will also have adequate space and hook-ups for full size washer and
dryers. The apartment homes are spacious as the two bedrooms are approximately 1,073 square
feet and the three bedrooms are approximately 1,250 square feet. All units will have two full
baths.
It is anticipated that the community will offer several social services at no charge to the resident
Page 22 of 22
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