Resolution 1997-4528
RESOLUTION NO. 97
A RESOLI~flON O1~ THE BOARD O~ COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA AUTHORIZING A NEW AGREEMENT
FOR AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING
COVENANTS AND RESTRICTIONS ON REAL PROPERTY.
WHEREAS, Collier County has recognized and attempted to address thc lack of adequate
and affordable housing for Iow and very low income households in Collier County and the need
for creative and innovative programs to assist thc provision of such housing by including several
l~oviaions in thc Collier County Growth Management Plan, including Objective 1.4, Policy
1,4.1; Objective 1.5, Policy 1.5.2, Policy 1.5.3, Policy 1.5.4, Policy 1.5.5, Policy 1.5.6;
Objective 1.6, Policy 1.6.3; Objective 2.1, Policy 2.1.1, Policy 2.1.2, Policy 2.1.3, Policy
2.1.5, and Policy 2.1.6 of the Housing Element; and
WHERf_,AS, Collier County Ordinance No. 90-89, the Collier County Affordable
Housing Density Bonus Ordinance provides for bonuses in density for ownership and rental
affordable housing; and
WHEREAS, thc Saddlebrook Village PUD Ordinance 91-55 adopted on .Iune 25, 1991
is subject to thc provisions of the Agreemcm Authorizing Affordable Housing Density Bonus and
Imposing Covenants and Restrictions on Real Property therein adopted; and
WHEREAS, thc PUD was adopted consistent with and under the provisions of the Collier
County Growth Management Plan; and
WHEREAS, thc Board of County Commissioner has reviewed the PUD and has
determined that a new Affordable Housing Agreement must be part of the conditions required
to extend the current PUD zoning until December 9, 1999.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Agreement Authorizing
Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property
dated December 9, 1997 (the "New Agreement") by and between CEI/Kensington, Ltd.,
Colonial Equities, Inc. and Outreach Housing Corporation (singularly, or collectively, the
Developer) a~td the Collier County Board of County Commissioners (the Commissioner) shall
supersede the Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property dated June 25, 1991 p~ovided thc Developer closes
on either or both (as defined in the "New Agreement") within 120 days of the date of this
Resolution. The Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Peal Property dated lune 25, 1991 is hereby terminated. In the
eveBt Developer fails to close on one or both portions of the property, then staff will return to
the Board of County Commissioners with a new affordable housing agreement as to either or
both portions of the property that failed to close.
This Resolution adopted after motion, second and majority vote favoring same.
D^T -D:
BOARD OF COUNTY COMMISSIONERS,
'LOR; A .
Approved as to form and
legal
Heidi F. Ashton
Assistant County Attorney
Consented to this lIth day of December
BY OWNER:
,~/James Colosimo, Individually and as Trustee
· of Exit 15/1-75 Land Trust
,1997.
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AGa~.~m, rr AUTHOR~Zr~6 Am:O~ABt, E HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT is made as of the ~3~ ~ day of ,0/"./~z~'f' 199'/, by and
between CEllKen,~ington, Ltd., a Florida Limited Patlner~hip, and Colonial Equities, Inc. and
Oulmach Housing Corporation and the Collier County Board of County Commissioners (the
"Commission").
RECITALS:
A. The Developer is the Owner or contract purchaser of a tract or' real property
descn'bed as (complete legal de~.-'~'iption) the West ½ of the Southeast ¼ of Section 34, Township
49 South, P,~nge 26 ~ Collie~r Cotmty, Florida lying South of I-7:S; less and except the
following: the South 50 feet for Radio Road right-of-way and the East 726.00 fcet of the Wes~ V~
o/' the Southeast ¼ of said Section 34 (The "Propen'y"). The legal and equitable owncrs include
James R., Trustee. It is the Developer's intent to construct a maximum of four hundred thirty-
eight (438) residential units (the "Units") at a density of thirteen (13) units per gross acre on the
Property. The gross acreage of Property is +_.33.79 acres. The number of affordable Units
constructed by Developer shall be two hundred two (202), representing forty-six percent (46%)
of the total number of ~esidential Units 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, which density bonus can only be granted by the Commission in
accordance with the strict limitations of said Ordinance.
C. The Commission is willing to grant a density bonus to the Developer authorizing
the conslmction of two hundred and two (202) bonus Units on the Property, if the Devcleper
agrees to construct affo~ble Units as specified in ds Agreement and the Developer covenants
and agrees to usc the affordable units only as rental prope,~.
NOW, THEREFORE, in consideration of the approval and granling of the density bonus
of six (6) units ~ acr~ requested by the Developer and the benefits conferred thereby on the
Prol:~-ty, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows:
1. Recitals. The above recitals are hue and correct and are incorporated herein by
2. Developer Agreements. The Developer hereby agrees that it shall construct two
hundred and two (202) affordable Units which Units shall be rented in accordance with thc terms
and conditions of this Agreement and as specified by the attached Appendix A, Exhibit A and
Exhibit B, which Appendix is incorporated by reference herein and constitutes a part of this
Agreement. Units at the Property which are not an affordable Unit ("Market-Rate Units") shall
oc exempt fi.om thc provisions of this Agreement and may be leased or rented by Ihe Developer
on terms and conditions acceptable to the Developer in its sole discretion. Within forty-five (45)
days from the date that notice is received from the Commission, thc Developer shall provide
on-site management to assure appropriate security, maintenance and appearance of the
development and the dwelling Units.
a. Thc following provisions shall be applicable to the affordable Units:
(I) Definitions. Any and all definitions provided by Ordinance No.
90-89, as amended, are hereby incorporated by reference.
Phtsing shall mean (a) thc phased construction of buildings or structures
in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site
developmem plan; or (b) in developments where phased construction is not depicted on a PUD
master plan, subdivision master plan or site development plan, the construction of buildings or
structures in a clearly defined series of starts and finishes that are separate and distinct within the
development.
(2) 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 (i/12) of 30 percent of an amount which represents 50 percent (for very Iow
income), and 60 percent (for Iow 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 nmi charged for an affordable housing unit rented to a Iow
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 cunznt 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 an: authorized by HUD or
any successor agency. In the event ttm 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.
(4) Eligibility and Qualification of Tenant. Family income eligibility
is a three-step process: I) submittal of an application by a pmepecfive tenant; 2) verification of
family income; and 3) execution of an income certification form. All three steps shall be
8
accomp!ished prior to a tenant being qualified as an eligible family lo rent and occupy an
affordable ho~ing unit pursuant to the affordable housing density bonus program. No person
shall occupy an affordable housing unit 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
thc monitoring and enfomement program created and adopted by Resolution of'thc Commission.
(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 thc 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 llousing and Urban Improvement Director as shown in Appendix B, Exhibit A,
attached to this Agreerhent and incorporated by refenmce 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 re-'rifled and certified in accordance with this Agreement and Ordinance No. 90-89, as
amended, as a Iow or very Iow income family. Tenant income verification and certification shall
be repeated annually to assure continued eligibility.
(c) Income Verification. The Developer shall obtain written
verification from the potential occupant (including the entire household) to verify all regular
sources of income (including the entire household). The most recent year's federal income tax
retm'n for the potential occupants (including the entire household) may be used for the purpose of
income verification, if aRached to the Affordable Housing Applicant Income Verification form,
which includes a statement to release information, tenant verification of the return, and a
signature block with the date of application. The verification ,,hall be valid for up to ninety (90)
days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally
updated ~-oa~ thc 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 }lousing Applicant Income Verification form shall be provided by
the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to
this Agreement and incorporated by reference herein.
8 A2
(d) Income Certification. Upon receipt of the Preliminary
Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification
form, the Developer shall require that an income certification form shall be executed by the
potential tenant (including the entire household) prior to rental and occupancy o£ the affordable
housing unit by the tenant. Income certification shall assure that the potential occupant has a Iow
or very Iow household income which qualifies the potential occupant as an eligible family to rent
and occupy an affordable housing unit under the affordable housing density bonus program. The
Affordable Housing Applicant Income Certification 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 herein.
(e) Rental Agreement. At a minimum, the rental agreement
shall include the following:
(i) name, add.ess, and telephone numlxn' of the head of household and ali other
occupants;
(ii) a description of the unit to be rented;
(iii) the term of the lease;
(iv) the rental amount;
(v) the use ofthe premises;
(vi) moniloring and enforcement provisions, including disqualification of tenant; and
(vii) the rights and obligations of the pm'ties.
Random inspection of flies containing required documenta, tion to verily occupancy in
accordance with this Agreement and Ordinance No. 90-89, as amended, may be conducted by the
Housing and Urban Improvement Director.
(5) Disqualification of Tenant. In the event that tenant qualification is
not subsequently confirmed by the Housing and Urban Improvement Director or his design~,
then such tenant shall be required to vacate the affordable unit. [f tenant vacation of' the
affordable unit is the testat of an error, omission or misrepresentation made by Developer, tenant
shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as
provided by the monitoring and enforcement program. Ift~nant vacation of the affordable unit is
the result ora misrepresentation made by the tenant, tenant shall vacate the affordable unit within
I$ days and shall pay penalties as provided by the monitoring and enforcement program. Such
eventuality shall be expteasly detailed in the leaae 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 th,Ar
construction, rental and occupancy. The annual progreas and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with Ordinance
No. 90-89 or subsequent a'nendments thereto. The retx~t shall be filed on or before September
30 of each year and thc report shall be submitted by thc 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) da), submission deadline. No more Ihan one such
extension may be granted in a single year. The progress and monitoring report shall be in a t'orm
provided by the Housing and Urban Improvement Director.
(7) Occupancy Restrictions. No Affordable Unit in any building or structure on the
Property shall be oecup:ed by thc 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 seven (7) units per acre, and is therefore granted a density bonus of six (6) density
bonus units per acre. for a total (total ~ density bonus units per acre X gross acreage) of 202
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 438 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 A~eement, the Commission
acting through the l-lousing 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 prat, 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 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 L~ delegated to them by the Ordinance.
Collier County or its designee shall have full power to enforce the terms of this
Agreement. Thc method of enforcement for a breach or violation of this Agreement shall be at
thc option of the Commission by criminal enforcement pursuant to the provisions of Section
125.69, Florida Statutes, or by civil enforcement as allowed by law.
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b. Notice of Violation for Code Enforcement Board Proceedings. Whenever
it ia 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 i,~sued and sent by the ltousing 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 porsonnel as may be authorized by lhe Board of County Commissioners, shall
specify the violation or violations, shall state that said violations(s) shall be corrected within ten
(!0) days of the date of the Notice or' Violation, and shall slate that if said violation(s) is/are not
corrected by the specified date in the Notice of Violation, the Housing and Urban Improvement
Director shall issue a citation which shall state the date and time of issuance, name and address
of the person in violation, date of the violation, Sec~on of this Agreement or of Ordinance No.
90-89 or subsequent amendments thereto violated, n,~ne of the Housing and Urban Development
Director, and date and time when Ihe 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 Agreemen! or with Ordinance No. 90-89, as
amended, at the optioh 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 projeci is in full compliance with this Agreement and
with Ordinance No. 90-89, as amended.
6. Assigrunent by Commission. The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Prop~ty provided that it gives the Develol~r ~rty (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
writIen consent of the Commission, which consent may be withheld for any reason whatsoever.
Any attempt to assign the duties, obligations, or promises under this Agreement to any successor
in interest to the Prol:~Xy without the express written consent of the Commission as required by
this Section shall be void ab initio.
7. Severability. If any section, phrase, sentence or portion of this Agreement is for
any reason held invalid or unconstitutional by any court of coml~ent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and all other provisions shall
r,~naln effective and binding on the parties.
8. Notice. Any notices desired or required to be given under this Agreement shall be
in writing and shall either be l~'rsonally delivered or shall be sent by mail, postage prepaid, to the
parties at the following addresses:
To thc Commission: Housing & Urban Improvement Dept.
2800 N. Horseshoe Drive
Naples, Florida 34104
To the Develope~.
Richard Shaw, President
Colonial Equities, Inc.
16200 Dallas Parkway, Suite 190
Dallas, Tx. 7524g
Any party may change the address to which notices are to be sent by notifying the other party of
such new address in the manner set forth above.
9. Authority to Monitor. The parties hereto acknowledge that the Director of Collier
County Housing and Urban Improvement or his designee shall have the authority to monitor and
enforce Developer's obligations hereunder.
10. lndemni~. The Developer hereby agrees to protect, clef'end, indemnify and hold
Collier County and its officers, employees, and agents harmless from and against any and all
claims, penalties, damages, losses and expenses, professional fees, including, without limitation,
reasonable a,omey's tees and all costs of litigation and judgments arising out of any claim,
willful misconduct o~t 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.
! !. 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 tu time until this Agreement is terminated in accordance with Section 14
below. However, the parties agree that if Developer transfers or conveys the Property to another
person or entity, Developt'r shall have no furtht'r obligation hereunder and any person seeking to
enforce the terms hereof shall look solely to Developer's successor in interest for the
performance of said obligations.
12. Recording. This Agreement shall be recorded at Developer's expense in the
official records of Collier County, Florida.
13, Entire AgreemenL The parties hereto agree that this Agreement cormitutes 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 (Iow or very low income) designat~ in
accordance with this Agreement for at least fifteen (15) years fi'om the date of issuance of a
" 8
Certificate of Occupancy for such unit. After fifteen (15) years this A!p'ccmcnt may terrninatc
upon a date mutually agreed upon by the parties and stated in writing.
! 5. Modification. This Agreement shall be modified or amended only by the written
agreement of both parties.
16. Discrimination.
a. Thc 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 ~, or handicap.
b. When the Developer advertises, rents, sells or maintains the affordable
housing unit, it must advertise, rent, sell, and maintain thc same in a non-discriminatory man,~er
mad shall make available any relevant information to any person who is interested in renting or
purchasing such affordable housing unit.
c. Thc Developer agrees to be responsible for payment of any real estate
commissions and fees assessed in the rental or purchase of affordable units.
d. Thc affordable housing units in the development shall bc identifie:l on all
building plans submitted to thc County and described in thc Developer Application for
Affordable Housing Dhasity Bonus.
e. The affordable housing units shall be intermixed with, and not segregated
from, thc mazkct rate dwelling units in the development.
f. Thc square footage, construction and design of thc affordable housing
units shall be the same as market rate dwelling units in thc development. AIl physical amenities
in the dwelling units, as described in item number seven (7) of thc Developer Application for
Affordable Housing Density Bonus shall be thc 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 shall be thc same in both the market rate units and thc affordable units in each
phase. Units in a subsequent phase may contain different amenities than units in a previous
phase so long as the amenities for market rate units and affordable units arc thc same within each
phase and provided tl~ in no event may a market rate unit or affordable unit in any phase
contain physical amenities less th~n those described in the Developer Application.
17. Phasing. This development is being built in two phases, each having
separate financing sources. The legal description of Phase I is a~achcd as
Appendix D, with Phase Fl being the remainder of the property. Howcvcr, thc
second phase (298 units - northern portion of the site) will commence
constzuction following ma ~pproval of an amended PUD. Phase I will consist of
140 units 80% low income at 60% of thc arcs median income and 20% at very
Iow income at 50*/,, of median income (southern portion of the development).
Phase II will consist of 298 units with 62 affordable units (60 units at 50% of the
area median income) and two (2) units at 60% of area median income. This
agreement will become effective as to Phase I concurrent with Developer's
closing on the purchaze of the southern portion of thc Property, and will further
become cf:ectivc as to Phase fl conotrrcnt with Developer's subsequent closing
on the northern portion of the Property. In the event Developer fails to close on
one or both portious of the Property, then staffwill mum to the Board of County
Commissioners with a new affordable housing agreement as to either or both
portions of the Pnaperty that failed to close. However, this agreement will
supersede any previous Affordable Housing Density Bonus Agreement approved
for this parcel.
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 thc 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. (1989) and as amended.
21. Prcepplication. Developer has executed and submitted to the Development
Sendces 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. Gov~ning Law. This Agr~.-ment shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The parties hert~ shall execute and deliver, in rccordable
form if necessary, any and all documents, certific~es, instruments, and agreements which may
be r~sonably required in order to effectuato the intent of this Agreement. Such documents shall
include but not be limited to any document requested by the Developer to exhibit that this
Agreement has temainnted in accordance with the provisions of paragraph 14 above.
1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of the day and year first above written.
8 A2
(2):
(2):
Witne~ (2):
BOARD O12 COUNTY COMMISSIONERS
COLLrER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
/
DEVELOPER
CEI/KENSINGTON. LTD.
by: COLONIAL EQUITIES, INC., its
Geaer~ Pmner
By:
Richard Slu~, Pr~idcnt
COLONIAL EQUITIES, INC.
By:..
Richard Shaw, Pre~id~ t
HOUSING OUTREACH CORPORATION
(Print Name)
CPrint Titlo)
Approved u to form ~d
legal suffieiaacy:
H~idi F. A~h~m
STATE OF )
)~.
COUNTY OF )
Thc foregoing Agreement Authorizing Affordable Housing Doasity Bonus And Imposing Covcn~ls
And ResUiction~ On ~ ~ wu acknowled~d befor~ me by Richard Shaw, Prcsident of
Colonial Equities, Inc., Gmeral partner of CtR/Kcnsington, Inc. on half of the Corporation. He is
pet~mally known to me or has produced ns identification.
WITNF.~S my haad ~nd official ~ this ~ day of ,1997
My Commission Expires:
Notary Public
lO
STATE OF )
COUt'tT~ O~ )
The foregoing Agreement Authorizing Affordable Housing De~ity Bonus And Imposing Covenants
And Res~icfions On Real Property was acknowledged befor~ me by Richard Shaw, President of
Colonial Equities, Inc., on halfof~he Corporation. He is personally known to me or has produced
as identification.
WTT~ESS my hand and official seal this _ day of_ _, 1997.
Notnry Public
My Commission Expir~:
STATE OF
)as.
COUNTY OF )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants
And Restrictions On Real Property was acknowledged befor~ me by Richard Shaw, President of
Housing Outreach Co~porafion on half of the Corporation, Ha is personally known to me or has
produced as identification.
WITNF_3S my hand and official seal this .... day of
,1997.
My Commission Expires:
Notary Public
11 '
RENTAL
Appendix A, E~hibit A
_NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY-~/~
NUMBER OF UNITS BASE RENT
Single Multi single
Family Family ' Family
Multi
Family
LOW INCOME
Efficiency 0 0
i Bedroom 0 0 __ 0
2 Bedroom 0 9S _ 0 _
3 Bedroom 0 ...... 16 _ 0
4 Bedroom 0 0 0 _
TOTAL 0
703
v~ LOW INCOME
0
Efficiency 0
0
i Bedroom 0
2 Bedroom ' 0 3& 0
3 Bedroom 0 8 0
4 Bedroom 0 .0 0
TOTAL 0 88
(1) Base residential density allowed in this development
7 units/acre.
(2) Gross acreage +33.7.__~9 .
(3) ~aximum number of affordable housing density bonus units
allowed in this development pursuant to Section 7
ordinance 90-89. 6 units/acres.
(4) Grom~ residenti&l density of this development (including
affordable housing density bonus units) 13
units/acre.
(5) Percentage of affordable units pledged by the d~veloper
(as a percsnt of the total number units in the
development) %% %.
*Rents are net of u~li~y allowances. Water and sewer utilities
provided in listed rent levels. .
Page 1 of 4
AppenOlx A, £X~LDLU ~
~FFORDABLE ~OUSING DENSITY BON~B RATI~ SYST~
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 Board of County Commissioners or its designee.
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 a~fordable housing density bo~us 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 (AHDB) 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 densit~y bonus
for each type shall be calculated separately in Table B. After
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.
Page 2 of 4
!
LEVEL }U~giBEROF B~DROOMS/UNIT
OF HOUSEHOLD
EFFICIENCY 2 3 OR
MODERATE (OWNER-OCCUPIED,
SINGLE-FAMILY)
LOW (OWNER-OCCUPIED OR RENTAL
SINGLE-FAMILY OR HULTI-
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-
FAMILY OR MULTI-
~AM~LY)
1' 1'
3 4
4 5
*For cluster housing developments in the Urban Coastal Fringe,
add i density bonus to obtain 2.
~]%DDZTZOB~L ~NI%Z~gL~ DIFELLIN~ UNITS
AFFORDABLE HOUSIN~
DENSITY BONUS RATING
% OF AFFORDABLE HOUSING UNITS
19A 2o% ig~ 4o%
I 0 0 i 2
2 0 i 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
Please caloulate your density bonus in the spaoe provided below.
lttaoh additional pages if necessary.
Density Bonus was previously calculated a~ the time of approval of
Saddlebrook Villass PUD.
Page 3 of 4 .
$51,300
Pursuant to t.he Affordable Housing Density Bonus Ordinance, No. 90-89, moderate income is 81%
to 100% of the median income, iow income is 51% to 80% of the median income and very low
income is less than 50% of median income.
Pursuant to the Impact Fee Ordinances, adopted by tho Board of County Commissioners, Dec~mber
16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the
median income and ve~'y iow income is less than 50% of the median income.
MEDIAN INCOME 1997
Napl~, MSA (Collier County)
NUMBER OF MEMBERS IN FAMILY
1 2 3 4
5 6 7 8
100% 35,900 41,000 46,200 51,300 55,300 59,500 63,600 67,700
80% 28,750 32,850 36,950 41,060 44,300 47,600 60,900 54,150
60% 21,540 24,600 27,720 30,780 33,240 35,700 38,160 40,620
50% 17,950 20,500 23,100 25,650 27,700 29,750 31,800 33,850
RECOMMENDED RENTAL RATES
The Florida Housing Finance Agency (FI-IFA) calculates rents to use in the State Apartment
Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The
rents given below are based on 1997 data from FI-IFA. 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 Obl 30% FAMILY INCOME
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
UNIT UNIT UNIT UNIT
100% 962 1,155 1,334 1,487
80% 770 924 1,067 1,190
60% 577 693 800 893
50% 481 578 667 744
UTILITY
ALLOWANCE 52 95 137 162
100%
8O%
60%
50%
l~viscd 2/97
f/density bonus
ALLOWABLE RENT WITH UTILITIES DEDUCTED
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
910 1,060 1,197 1,325
718 829 930 1,028
525 598 663 731
429 483 530 582
Page4 of 4
~DIX C
Developer Application For Affordable Housing Density Bonus
Appendix C
Developer Application For Affordable ~ousing Density Bonus
Pursuant to the requirements of the C~llier County Affordable
Housing Density BonUs ordinance No. 90-89, Section 6.4, please
complete this form and submit it with any accomParrying documenta-
tion to the Development SerVices Director, 2800 North Horseshoe
DriVe, Naples, Florida 3&10&. A copy must also be provided to the
Housing and Urban Improvement Director.
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;
Fx~scing zonin~ Co be retained, ~addlebrook ~-
with the affordable housing density bonus?
Yes' IX No
If yes, state date of application
request has been approved, state the ordinance number
Has an application for rezoning been requested in conjunction
and if the
Gross density of the proposed development. 13 units/acre.
Gross acreage of the proposed development. 33.79 _ acres.
4. Are affordable housing density bonus unite sought in
conjunction with an application for a planned unit development
(PUD)? . Yes X No.
If yes, please state name and location of the PUD and any other
identifying information.
5. Name of applicant Coloni~l Equities, Inc.
Name of land developer if not the same as applicant Phase I,
Applicant; Phase II, Outreach Houoins Corpora:ion.
Page i of 3
DeVelOper lpplication For lffordable Rousing Density Bonus
6. Please complete the following tables as they ~ppl¥ to the
progosed develogment.
Tote1 ~,~er of Units in Development
Owner
0 -
Efficiency 0 -
0 _
One Bedroom ~3o --
0 _
Two Bedroom 242 -
0 _
Three Bedroom 66 -
Other Bedroom -0- 0 _
TO~L 438 _ 0 ..
T~BLB II
MODERATE INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
~m~er of affordable H~usina unit~
Total Number of Proposed Use for
Affordable Units Density Bonus Units
' in Development
Owner B~* Owner
0 0 0 0
0 0 0
Q 0 0
0 0 0
0 0 0 0
0 0 0
' o
0 0 0
0
0 0 N
98 0 ~iR 0
16 0 703 0
0 0 0
11~ 0 0
LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
~et of utilities.
rant levels.
Water and sewer utilities provided in listed
Page 2 of 3
Developer ~pplication Fo~ Affo=dable Rousing Density Bonus
(Continued)
Total Number of
Affordable Units
in Development
Owner
Proposed Use for
Density Bonus
Units
~ , owner
LOW INCOME
EfficiencY 0 _ __ 0 _ -
0
0 ~ --
1 Bedroom ~6 _ _ --
0
2 Bedroom 34_ _ 0 _ _~15 _ --
0
3 Bedroom _ -
0
Other .0 _ 0 _ _ - --
0
TOT~%L 88 _ 0 . _ -- --
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.
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.
* Net of utilities. Water a~d sewer utilities provided in listed
rent levels.
Page 3 of 3
SADDLEBROOK
AFFORDABLE UNITS
Response to Item//7 of Appendix C, Physical Description
PHA~'~E I
No. of Units Type Square Footage Rent
20 2 Bedroom/1 Bath 750 $515
60 2 Bedwom/2 Bath 880 $618
36 ' 2 Bedroom/2 Bath 900 $618
8 3 Bedroom/2 Bath 1040 $570
16 3 Bedroom/2 Bath 1040 $703
No. of Units Type Square Footage Rent*
46 I Bedwom/l Bath 600 $448
14 2 Bedroom/1 Bath 750 $515
2 2 Bedroom/1 Bath 850 $618
All of the units will be carpeted tlu'oug~t with the exception of kitchens and baths, which will
have vinyl flooring. Every bedroom and living area will have a ceiling fan with a light kit. The
kitchens will include dishwasher, drop-in range, disposal and a refrigerator with an icemaker.
A utility room will contain full size washer/dryer connections and an individual electric hot
water heater. Ali units will have electric central air conditioning/heating units.
* Rents are net of utilities.
FAX
'i'RANSMISSION
DATE: ~ NUMBER OF PAQES:~
F .,~,; NUMBER:
COMMENTS:
CONFIDENTIALITY NO'liCE
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