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Backup Documents 04/08/2025 Item #17A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ' 7 A 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 Attorn y Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP ReCeAtal Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alrea y co fete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners iy /ON Y/I7/Z5 5. Minutes and Records Clerk of Court's Office 1 {C croatit. Akk) 4 t 11[202)5 PRIMARY CONTACT INFORMATIO 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 Nancy Gundlach Phone Number (239)252-2484 Contact/ Department Agenda Date Item was April 8,2025 Agenda Item Number 17.A. Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account 131-138326-649030-00000 number if document is 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? N.G. 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 signed by the Chairman,with the exception of most letters,must be reviewed and signed N.G. by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A 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 N.G. 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 N.G. signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N.G. 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 on April 8,2025 (date)and all changes ( N/A is not made during the meeting have been incorporated in the attached document. The (�® an option for County Attorney's Office has reviewed the changes,if applicable. V this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the OOP an option for Chairman's signature. this line. \I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 7 A INSTR 6673670 OR 6462 PG 96 RECORDED 4/25/2025 4.39 PM PAGES 27 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$231 00 /This space jor recording/ AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS BY RIGHT AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as this Pi day of A P R I L. 2025 by and between Casa San Juan Diego, Ltd., a Florida Limited Partnership (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 80 residential units(the "Units") at a density of 8 units per gross acre on the Property. The gross acreage of Property is 10 acres. The number of affordable Units constructed by Developer shall be 80, representing 100% percent of the total number of 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 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 40 bonus Units on the Property, if the Developer agrees to construct affordable, workforce,and gap Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 4 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: [24-TRN-00354/1894389/1] Page 1 of 23 CAO 17A l. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees to provide the following affordable housing units in accordance with this Agreement and as specified in Exhibits A through G attached hereto and incorporated herein. a. One hundred percent (100%) of the 80 units will be provided for those earning 80 percent or less of Collier County's area median income(AMI). b. All affordable units will be rentals. c. The units will include multi-family units with a variety of bedroom types. d. No affordable housing unit in the development shall be rented to a tenant whose income has not been verified and certified in accordance with this section as a low-income household. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or designee for approval. Tenant income verification and certification shall be repeated annually to assure continued eligibility. If, upon annual recertification, a household's income is determined to exceed 80% of AMI, that unit will no longer qualify as an affordable unit and the developer shall hold the next vacant designated market rate unit for a qualified household to meet the required minimum of eighty(80)affordable units. e. Any rent charged for an affordable housing unit rented to a low-income household will not exceed the amount published by the Florida Housing Finance Corporation for Collier County adjusted by income level, family size, and number of bedrooms as updated annually. f. The following provisions shall be applicable to the affordable units: i. Defined terms. For the purposes of this Agreement, "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or(b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct [24-TRN-00354/1894389/1] Page 2 of 23 a 1 7 A within the development. ii. 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 household members as shown on the tables attached hereto as 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. iii. Eligibility and Qualification of Renter. Household income eligibility is a three- step process: 1) submittal of an application by a prospective Renter; 2) verification of family housing unit provided under the affordable, workforce,and gap housing density bonus program prior to being qualified at the appropriate level of income (very low, low, workforce, or gap income) in accordance with this Section; 3) certification of eligible Renter shall be provided to the Community and Human Services Division. The Developer shall be responsible for qualifying Renters 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 Renter 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. (1) Application. A potential renter shall apply to the developer, owner, manager, or agent to qualify as a low-income family for the purpose of renting and occupying an affordable-workforce housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for affordable [24-TRN-00354/1894389/1] Page 3 of 23 �90 1 7 A housing unit shall be provided to Collier County Community and Human Services Division as shown in Exhibit D, attached to this Agreement and incorporated by reference herein. (2) Income Verification and Certification. No affordable housing unit in the development shall be rented whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.06.05. (3) Income Verification. The Developer shall obtain written verification from the potential occupant(s) (including all household members)to verify all regular sources of income(including all household members).The most recent year's federal income tax return for the potential occupants (including all household members) may be used for the purpose of income verification, attached to the affordable-workforce 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 ofthe 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-workforce housing Applicant Income Verification form shall be provided to the Community and Human Services Division as shown in Exhibit F, attached to this Agreement and incorporated by reference herein. (4) 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 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 [24-TRN-00354/1894389/1] Page 4 of 23 n `Y� 1 7 A eligible to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Community and Human Services Division as shown in Exhibit F, 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. iv. 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 ensure 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 granted prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. v. 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, other than by a resident manager. 3. Density Bonus.The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of 4 units per acre, and is therefore granted a density bonus of 4 density bonus units per acre, for a total density [24-TRN-00354/1894389/1] Page 5 of 23 Ci 0 1TA (total = density bonus units per acre X gross acreage) of 8 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 80 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 on a timely basis any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Units. 5. Violations and Enforcement. It shall be a violation of this Agreement and LDC§ 2.06.00 to sell, rent, or occupy, an affordable housing unit provided under the affordable-workforce 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 willful breach or violation of this Agreement for the purpose of committing fraud shall be at the option of the Commission or its designee by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. 6. Certificate of Occupancy. In the event that the Developer intentionally 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. 7. 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 [24-TRN-00354/1894389/l] Page 6 of 23 0 17A 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. 8. 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. 9. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail,postage prepaid,to the Parties at the following addresses: To the Commission: Collier County Community and Human Services 3339 E Tamiami Trail, Building H, Suite 211 Naples, FL 34112 To the Developer: Casa San Juan Deigo, Ltd. 12629 New Brittany Boulevard Building 16 Ft. Myers, Florida 33907 With copies to: NDC Asset Management, LLC 1001 3rd Avenue West, Suite 200 Bradenton,Florida 34205 National Development of America, Inc. 12629 New Brittany Boulevard Building 16 Ft. Myers, Florida 33907 Attention: Eric Miller Nelson Mullins Riley& Scarbourgh LLP 390 North Orange Avenue,Suite 1400 Orlando, Florida 32801 Attention: Roman Petra 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. 10. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or their designee shall have the authority to monitor and enforce the Developer's obligations hereunder. 11. Indemnify. The Developer hereby agrees to protect. defend. indemnify and hold Collier County [24-TRN-00354/1894389/1] Page 7 of 23 0 1 7 A and its officers, employees, and agents harmless from and against any and all actual claims, penalties, damages, losses and expenses, reasonable 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. 12. 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 15 below. However,the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 13. Recording.This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 14. 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. 15. Termination. Each affordable or gap housing unit shall be restricted to remain and be maintained as the required affordable,workforce,and gap housing as provided in the LDC §2.06.04. 16. Modification.This Agreement shall be modified or amended only by the written agreement of both Parties. In connection with the financing for construction of the Units on the Property, in the event any potential institutional or governmental investor or lender of Developer requests an amendment to this Agreement, then the Commission agrees to reasonably consider such requested amendment to facilitate financing for construction of the Units. 17. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner/renters or potential owner/renters because of said owners/renters' race, color, religion,sex,national origin, familial status,or handicap. b. When the Developer advertises, rents or maintains the affordable housing unit, it must [24-TRN-00354/1894389/1] Page 8 of 23 17A advertise rent, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in renting such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions of its agent and fees for which it is liable in the purchase and sale or rental of affordable- workforce units. d. The affordable housing units shall be intermixed with,and not segregated from,the market rate dwelling units in the development. e. The square footage, construction and design of the affordable, and gap housing units shall be the same as market rate dwelling units in the development.All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus, Exhibit G,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,Exhibit G,shall be the same in both the market rate units and the affordable-workforce 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,workforce,and gap units are the same within each phase and provided that in no event may a market rate unit or affordable-workforce unit in any phase contain physical amenities less than those described in the Developer Application. 18. 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 one hundred percent affordable housing units for this project, with 100%percent of the units in each phase consisting of affordable units. 19. Development Standards. The site is currently zoned RMF-6 and the project shall satisfy the development standards applicable to the RMF-6 Zoning District. 20. 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 [24-TRN-00354/1894389/1] Page 9 of 23 .a� 0 1 7 A to the extent that they are not in conflict with the number, type of affordable-workforce housing units and the amount of affordable-workforce housing density bonus approved for the development. 21. 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. 22. Preapplication.Developer has executed and submitted to Collier County the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Exhibit G and incorporated by reference herein. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 24. 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 15 above. IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed as of the day and year first above written. WITNESSES: AS TO THE DEVELOPER: 44/// ,. CASA SAN JUAN DIEGO, Ltd., itnes ignature a Florida limited partnership I 1 By:Casa San Juan Diego Housing of Collier,LLC n 1 V I a Florida limited liability company,its Partner Witness#PrintedName 09 Ye—G��� ) -C(9ie 2 By:Casa San Juan Diego Housing, Inc., a Florida not-for-profit corporation, its Sole Witness#1 Post Address 337P1 Member ZLs#2signatJ By: Most Rev. Fra . De ane, President YY1a-I4. l L 13. S-i e Witness#2 Printed Name c)12o Cep,4 4-I coon S-e -c —j, Witness#2 Post Address [24-TRN-00354/1894389/l] Page 10 of 23 1 7 A STATE OF A COUNTY OF ghC The foregoing was acknowledged before me by Most Rev. Frank J. Dewane,as President of Casa San Juan Diego Housing, Inc., Sole Member of Casa San Juan Diego Housing of Collier, LLC, Partner of Casa San Juan Diego, Ltd., by means of physical presence, whois personally known to me or ❑ has produced as identification. Witness my hand and official seal this I day of fV1 24( 2025. ota b is S' ture 01PGB JOSEPHA.DMTO � Y � � flotary Public Printed Name �` Commission#HH 527627 FOF Osa ExPir"Julia 25,2028 My Commission Expires: ,‹ W ? ;;.;:. . AS TO COMMISSION: ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL.CI ERK COLLIER COUNTY, FLORIDA By. By: YtocharrnnDeputy lerk signature only urt L. Saunders,Chairman Approved as to form and legality 041/LJt- /° 1 f.*° Derek D. Perry 7 ` 5 Assistant County Attorney , b Prepared by: Derek D. Perry, Esq. Collier County Attorney's Office 3299 Tamiami Trail East, Suite 800 Naples, FL 34112 Attachments: Exhibit A—Legal Description Exhibit B—Affordable Housing Units/Base Monthly Rents Exhibit C—Income and Rent Level Exhibit D—Preliminary Application for Affordable Housing Unit Exhibit E—Applicant Income Verification Exhibit F—Applicant Income Certification Exhibit G—Developer Application for Affordable Housing Density Bonus [24-TRN-00354/I894389/1] Page 11 of 23 407 1 7 A EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N89'40'00"E ALONG THE NORTH LINE OF THE SOUTHWEST 1/4, OF SAID SECTION 4 FOR A DISTANCE OF 1319.50 FEET, TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 4; THENCE RUN SOD'22'49"E ALONG THE WEST LINE OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SECTION 4 FOR A DISTANCE OF 662.38 FEET, TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SECTION 4; THENCE RUN N89'40'31"E ALONG THE NORTH LINE OF THE NORTH 1/2, OF THE SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SECTION 4 FOR A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE N89'40'31"E ALONG SAID NORTH LINE FOR A DISTANCE OF 630.61 FEET TO THE INTERSECTION OF THE WEST AND NORTH LINE OF THE SOUTHEAST 1/4, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 4; THENCE LEAVING SAID WEST LINE, RUN N89'40'22"E ALONG SAID NORTH LINE FOR A DISTANCE OF 630.61 FEET; THENCE LEAVING SAID NORTH LINE, RUN SO0'31'46"E FOR A DISTANCE OF 30.00 FEET; THENCE RUN 589'40'22"W FOR A DISTANCE OF 630.65 FEET TO A POINT ON THE SAID WEST LINE OF SOUTHEAST 1/4, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SECTION 4; THENCE RUN SOO'27'18"E ALONG SAID WEST LINE FOR A DISTANCE OF 632.45 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTH 1/2, OF THE SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF THE SOUTHWEST 1/4, OF SAID SECTION 4; THENCE RUN S89'40'54"W ALONG SAID SOUTH LINE FOR A DISTANCE OF 631.47 FEET; THENCE RUN N00'22'49"W FOR A DISTANCE OF 662.38 FEET, TO THE POINT OF BEGINNING. [24-TRN-00354/1894389/1] Page 12 of 23 1 7 A EXHIBIT B NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family VERY LOW INCOME (50% OR LESS MI) Efficiency 1 Bedroom _ $978 2 Bedroom $1,173 3 Bedroom $1,356 4 Bedroom $1,512 TOTAL LOW INCOME (50%-80% MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development±4units/acre. (2) Gross acreage: 10 (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00,4 units. (4) Gross residential density of this development (including affordable housing density bonus units) 8 units/acre. (5) Percentage of affordable housing units pledged by the developer (as a percent of the total number units in the development) 100%. [24-TRN-00354/1894389/1] Page 13 of 23 o` 0 1 7 A EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME Pursuant to LDC Section 1.08.02.,moderate income is 80%to 120%of the median income, low income is 50%to 80%of the median income and very low income is less than 50%of the median income. Collier County 2024 Median Income-$104,300 Number of Members in Household 1 2 3 4 5 6 7 8 50% 36,550 41,750 46,950 52,150 56,350 60,500 64,700 68,850 80% 58,480 66,800 75,120 83,440 90,160 96,800 103,520 110,160 120% 87,720 100,200 112,680 125,160 135,240 145,200 155,280 165,240 140% 102,340 116,900 131,460 146,020 157,780 169,400 181,160 192,780 Rental Rates based on# Bedrooms ONE BEDROOM TWO THREE FOUR BEDROOM UNIT BEDROOM BEDROOM UNIT UNIT UNIT 50% $978 $1,173 $1,356 $1,512 80% $1,566 $1,878 $2,170 $2,420 120% $2,349 $2,817 $3,255 $3,630 140% $2,740 $3,286 $3,797 $4,235 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. [24-TRN-00354/1894389/1] Page 14 of 23 0ar 1 7 A EXHIBIT D PRELIMINARY APPLICATION FOR AFFORDABLE-WORKFORCE HOUSING UNIT Date Occupancy Desired: Date of Application: Amount 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 Gross Salary: Hourly $ Weekly$ Every 2 Weeks$ Monthly$ Social Security Number Birth Date Previous Employers Name Address and Telephone No. [24-TRN-00354/1894389/1] Page 15 of 23 �d2 1 7 A 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: [24-TRN-00354/1894389/1] Page 16 of 23 1 ? A EXHIBIT E 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 $ $ $ $ Union Pension $ $ $ $ Self-Employment Business, Silent Partner,etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ [24-TRN-00354/1894389/1] Page 17 of 23 17A 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. [24-TRN-00354/1894389/1] Page 18 of 23 OVO 17A EXHIBIT F AFFORDABLE-WORKFORCE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, , hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me by ,by means of physical presence or online notarization, who is personally known to me or has produced as identification. Witness my hand and official seal this day of , 20 . (notary seal) Notary Public Print Name My Commission Expires: 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 [24-TRN-00354/1894389/1] Page 19 of 23 OVD 1 7 A STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me by ,by means of physical presence or online notarization, who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,20 . (notary seal) Notary Public Print Name My Commission Expires: THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE-WORKFORCE UNIT. [24-TRN-00354/1894389/1] Page 20 of 23 OVD 17A EXHIBIT G 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 Collier County. 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; 2. Has an application for rezoning been requested in conjunction with the affordable, workforce and gap housing Density bonus? Yes No If yes, state date of application and if the request has been approved, state the Ordinance number N/A. 3. Gross density of the proposed development. Gross acreage of the proposed development. ac. 4. Are affordable-workforce housing density bonus units sought in conjunction with an application for a planned unit development(PUD)?T Yes No. If yes,please state name and location of the PUD and any other identifying information. 5. Name of applicant Name of land developer if not the same as Applicant:N/A 6. Please complete the following tables as they apply to the proposed development. [24-TRN-00354/1894389/1] Page 21 of 23 0 V3 1 7 A TABLE I Total Number of Units in Development Type of Owner Unit Rental Occupied Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom (Four) TOTAL TABLE Ill Number of Affordable Housing Units Total Number of Proposed Use for Affordable-Work- Density Bonus Units force Units in Development Owner Owner Rental Occupied Rental Occupied LOW INCOME 50-80% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL [24-TRN-00354/1894389/1] Page 22 of 23 0V3 1 7A VERY LOW INCOME 50% OR LESS MI Efficiency 1 Bedroom $978 2 Bedroom $1,173 3 Bedroom $1,356 Other(4 bedroom) $1,512 TOTAL 7. Please provide a physical description of the affordable units by type of unit (very low income, 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 as Exhibit"D" if needed. 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. [24-TRN-00354/18943 89/1] Page 23 of 23 Op3 17A SMG SELTZER MANAGEMENT GROUP,INC. 17633 Ashley Drive Panama City Beach,FL 32413 CERTIFIED STATEMENT OF MULTIFAMILY OWNERSHIP AND LOAN HISTORY I (meaning each of the individuals, corporations, partnership, or other parties listed below)hereby certify that all of the statements made by me in the Certification,and all of the information provided on the attached Schedules A and B are true,complete and correct to the best of my knowledge and belief,and are hereby made or provided by me in good faith as follows: 1. Schedule A contains a listing of the multifamily projects in which I am now,or have been a principal during the last ten(10)years. 2 Except as shown by me on Schedule B no delinquencies, bankruptcies (historical or current), defaults, foreclosures, or deeds-in-lieu of foreclo- sure have occurred: (a) on any property, including any property for which the Mort- gage was purchased by Fannie Mae; and (b) during the past ten years on any loan obligating me in any manner,irrespective of the loan purpose or loan collateral(i.e., not just multifamily loans). a I have not been suspended,debarred,or otherwise restricted by any de- partment or agency of the Federal Government,or of a State Government, from doing business with such department or agency. rtttlNK Ot_Witwe 1°Fes;den 1 Q/` ; Name Of Principal Or • iliate Role&%Of Ownership Interest In The Pro'ect ►. I - nature an.� .f Signatory Date J 00.0915-SMG-23.2 OVj 1 7 A �- SMG SELTZER MANAGEMENT GROUP, INC. 17633 Ashley Drive Panama City Beach,FL 32413 INSTRUCTIONS FOR PREPARATION OF CERTIFIED STATEMENT OF MULTIFAMILY OWNERSHIP AND LOAN HISTORY WHO SHOULD SIGN& FILE: The Certified Multifamily Ownership and Loan History Statement should be signed and filed with Seltzer Management Group,Inc.by the Borrower and all principals participating in the proposed loan request.The Borrower's statement must be certified by the managing general partner or the chief operating officer,as applicable,and all statements must be certified as true,correct and complete.These statements may not be dated more than 30 days prior to application date and must be updated using either a new statement or a statement of no change filed within 30 days of the Loan Commitment date. Separate statements for each individual or entity are acceptable. Principals include all individuals, joint ventures, partner- ships, corporations, trusts, or other public or private entities that will participate in the ownership of the project that is the subject of the loan request. In the case of a partnership, all general part- ners (regardless of their percentage interest) and limited partners having a 25 percent(25%) or more interest in the partnership are considered principals. In the case of a public or private corpora- tion, principals include the President, Vice President, Secretary, Treasurer and all other executive officers who are directly respon- sible to the Board of Directors,or any equivalent governing body, as well as all directors and each stockholder having a ten percent (10%) or more interest in the corporation. 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