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Ordinance 94-11 oRoINANCg NO. XX ~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 T~E COLY.,IER COUNTY LAND '~ DEVEI, OI:~ENT CODE W11IC~ INCLUDES Tdg us COMPREHENSIVE ZONING REGULATIONS FOR T~g ~'~ UNINCORPORATED AREA OF COLLIER COUNTY, ATLAS MAP NUMBER 0606N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "LAUREN PINES PUD" AND "LEAWOOD LAKES PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LEAWOOD LAKES FOR A MAXIMUM OF 207 SINGLE m FAMILY HOUSING UNITS OF WHICH 20 PERCENT WILL BE FOR AFFORDABLE HOUSING FOR PROPERTY LOCATED ON THE SOUTH SIDE OF RADIO ROAD IN SECTION 6, TOWNSHIP 50 SOUTh, RANGE 26 EAST, COLLIER COUNTY, .... FLORIDA, CONSISTING OF 34.07i ACRES PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER S6-70 AS AMENDED, AND ORDINANCE NUMBER 91-9, AS AMENDED$ AND BY PROVIDIN AN EFFECTIVE DATE. WHEREAS, Keyin McVlcker of Gulfcoast Design Associates, Inc., representing Leawood lakes Development, petitioned the Board of County Commissioners to change the zoning Gj: classification of the herein described real property$ "' NOW, THEREFORE BE IT ORDAINED by the Board of County ~ Commissioners of Collier County, Florida: The Zoning Classification of the herein described real property located inSection 6, Township 50 South, Range 26 East, Collier County, Florida, is changed from wLauren Pines PUD" and wLeawood lakes PUDw to "PUD" Planned Unit Development to be known as Learcod lakes and to be developed in accordance with the Leawood Lakes PUD Document, attached hereto as Exhibit NAe and incorporated by reference herein. The Official Zoning Atlas Hap Number 0606N, as described in Ordinance Number 91-102, the Collier County land Development Code, is hereby amended accordingly. ~ Ordinance Number S6-70, as amended. known as the Lauren Pines PUD, adopted on July 21, 1992 b~ the Board i, ,oo, 1285- ,140 -x- ,,'. o£ County Commissioners o£ Collier County is hereby repealed ,.! in its entirety, and Ordinance Number 91-9# as amended, known al the Leawood Lakes I~JD, adopted on January 29, 1991 by the Board of County Commissioners oZ Collier County is hereby repealed in its entirety. This Ordi~ance shall become e£fec~ive upon receipt of notice from the Secretary of State that this Ordinance has been filed vith the PASSED ~ DULY ADOPTED by the Board Commissioners of Collier County, · ,- I E . '.:..'; .. , :',. ~O~l M, ~ ,, ~93-10 O~a ~/10713 ~ ~ ~ ~ ~ ,, fi ,~, · , . . . ,o0. 065--141 , , -2- ,, PLA~ED tNIT D2VELOPP~ D~~ ~U~ TO ~OVISXO~ PREPPED FOR: L~D ~ DEVE~ NAPLU. F~RIDA 339~2 ,.'~ :.~;, .. ' :.. . , ~- ~ P~P~ED BY: ,; 2170 S~A ~B~ BL~. . ~. F~RIDA 33999 DA~ REYZSED ~ ORDI~ ~ER ~-// ~" ~IBrr wA'* PHD i~ PLAN !, g~BIT '*B" AFFORDABLF, HOUSING A~'REEI~m~T TABLg I LAND USg SCHgDULg The devalo;xment of approxlmately 3~.07 acre· of property in Co111er County, as · Plarmed Unit Development to be known as Leawood Lelel wI11 be in compileace with the plannlnS goals end objectives o~ Coillet County as set forth in the Growth l~anagemnt Plan. The residenile1 and recreatlo~al ~acillt{es oE Leawood Lake· will be conelatent with the growth pollclea, land development regularlone, and applicable comershah·lye plannlng-objectlves off each of the elements of the Grouch Kanagesent Plan top the following reasons: ,. 1. T~e subject property is within the Urban Residential Fend Usa Designation as ideatilled on the Future Fend Use I~p as required in Objective 1, Policy end Policy 5.3 off the Future Fend Use 2. The subject property's location in relation to existinS or proposed community facilities and sanices ~er~dts the daveloi~ent's residential density as required in Objective 2 off the Future ~and Use Elseeat. 3.The project developlen~ is compatible end complesentary to existins end future surroundinS land uses as required in Policy 5.& of the Future Lend Use glesen~. &. The project development: will result in an elfIciest and economical extension of community [acllitles and serylces as required in Policies 3.1.R and t of the Future F. snd Use Element. 5. The bess density for this area is four (A) dwelling units per acre. The future Lend Use Elseeat provides for s bonus up to eight additional dwelling unil:s per acre. The msoun~: of boous units for the provision of 20 percen~ affordable housin2 allows for 2.1 additional units per acre for s total of 6.1 dwellinS units per acre. Therefore, the project density o[ six (6) units per acre is in compliance with the Future Lend Usa Element of the Kanagement Plan. ~ 6. All final local development orders SoP this project are subject to the Collier County Adequate Public Facilities Ordlnanea, as It my be encoded ~ from tim to ,.:., f j, ,' ',: ' ~OOK P~Cr- :i-...,'. xv " .. f,F. AWO~D I,AKF..'I P,I/,D, IX~JI~J~ ~F, OTTON 1 The i~zrpoee of the Section ie to ne.t forth the lob. atlas nnd m. nprnhip of the · property, sad to describe the exlatlne condltiona ,f the prnp, rc.~ r.n be developed under the project name of Leatm<xl Lekc:s. Part of the Northseat 1/4 of section 6. TownshEp 50 South. Range 26 Collier County Florida. Co,senclng at the t/arch 1/4 corner/;i~ section 6. Township SO South, Range 26 gas:: Thence run SOO A4 25" R 50.02 [~et to the South Rich: of ~/ay llne of Radio Road: Thence aZnng said South Right of R 86 50 50" S ll0.Ol £eet: Thence SOO 44 25" R 25.02 Lo the point of betlnnin;: Thence continue alone said South Riaht of ~ay N86 S0 50" ~- 550.92 feet: Thence S 00 62 55 W 2679.35 feet to the North line of the pl-~t of .~oon Lake Unit on as recorded in Plat Book IA. paces I03 thru 106 Collier County, Florida records: Thence alone said North line S 88 A5 25 H($ 88 t,l 55: Plat) 5~9,28 feet to the East line of a 100' Florida Power aml Light sniPmeet am recorded Jn OR I~ok 513, page 583: Thence along the East rifle of said easenmnt N O0 44 25' ~ 2660,97 feet. to the point of bellnnie, 1,3 !~oP!grrT The property is currend/owned by Leawood Lakes DovelopmenZ, Inc. ., 1.4 4X~T~tAL A. The project alte ia Zon~ and farrows approxlmtel~ 550' by 2.690'. Zt is located ,~ the South side oE Radio Road, ~usC Bmsc o~ the Florida Po~er sad LtSht transmission llne which forms the East boundary of Fox Firs Subdivision. B. ~onine elmssince:los oE the property la ourrenCZy/.auras Pines and Leewood Lakes IV P.t/.D. The propert~ lles ia area C st the Collier County Water/Sewer District° and within County Water Kmna~ment DistrlcL 1o5 J~J~S~CAL DL~CRII~FZON Elevations o~ the property renew from 8.5 to 9.4 feet above m~n sea level. the mite bee never been elmsred, with the exceptJan of m sRmll aro;a in the northern part o~ the site. The site contains approx|mtely 22.6 ~eren or Pine flatwood, 5.4 acres of forest. Past dralnale improvements in the area . have altered the historic hydroperlod of the Rice. The trend evident today is toward a drier system with increased invasion by exotics. The extent of Nelaluca and Brazillien Pepper are jncreonjm, on Rite, and in som~ Dream. the site ia dominated by those exotic npncies. Natural dralnaSs ~rom the property is 5outhNoaterly. Water management the planned project will be of the lake and retention LYI~, wlch no off site discharge. Soil types on the alto are Arz~ll fine snnd, St,nnyland fine sand, Oldsear fine sand, and Pinode fine ,oo 065 146 1-! 1.6 IsROJZ&'T D~,CP~P11011 ~he project Is a alelie family residential develolxnent sonstating units on 3~.07 metes. Xn addition, twenty (20%) peteeric of the units wiXl be for affordable houslnl. This Ordinance shall be known and sited as the eLanwood Lakes Planned Unit Development Ot'dlnanee". " . ~'... SFIlrTON T[ PROj'F~ DEVELOrlqlg~ 2.1 ~ The purpose of this Section is to delineate and generally deacrlbe the project plan of development. general relationships to appllcahl,; County Ordlnancea. and the respectlye land uses of the t. rnets inel,ded ;n tile project. A. Development of thla project shall be I~overne~l by the eontent. s of document and applicable seeaLone of the Collier (*~nty Land D~velopm. nt Code (LDC). 9. Unless ethandes noted, the definitions of all term shall be the sam as the definitions set forth in the Co/liar County Land Development Code, C. All conditions imposed and at1 graphics1 mterJaZ presented dopictlng reatrlctions ~or the development oE Lea~xl Lakes [~rO shall become pert of the telelations that Io~ern the manner in which the PUD site ,my be dave loped. D. 'Unless epeclftc·ll7 wai~ed or excepted b7 this ~ the proviaions of the Collier County Land hvelol~ent Code where applieshie shaI1 remain In full force sad effect with respect to the alevale;meat of the lsnd ~hlch com~rlsee this Be hvelolament permitted by the approval of this petition will be subject to · concurrency review under the provision· of Division 3.15 of the Collier County Land hvslo;xaent Code (the adequate hblic ?acillties Ragelations) It final SOP approval, final plat approval, or building permit issuance applicable to this develo~aent. 2.3 A. ~he project development plan ia graphically indicated b~ Exhibit "A' the P.U.D. Easter Plan. The plan indicates building lots, right-of-~a7, open apace, and water management. Roe tdent is1 207 17.1 Tract 'R' Right-oJ~-~ay N/A 6.37 Cennon/Reeraation area N/A Tract Conservation areae N/A 7.22 Drainage Easement N/A ' 1.83 Littoral Shelf N/A !.27 ,0. 065 · Ovjes not inelud~ rpcreatlonal or clubhouse ,rPan their my be leeart.! within the common/retreat form I tracts. 2-1 · I, ~ In addition to the plan elements shown on Exhibl~ 'A~, such camemeats end right-o£-we3' shell be established within or adjacent to the project alto as · -~ m3' be natoscar/or desirable for the eorvlee, function. or convenience ot the project. ,,, C. Hlnor changes and variations in deelgn end acreage eh81I be permitted at Preliminary Subdlvlelon Plat (PAP) approval in accordance with Soctlon 3.2.7.1 o~ the LDC to accomodate topography, vegetation, and other site eondltlona. , ~. No more than · maximum o~ 207 single family dwelllng units shall be ~' constructed in the 3~.07 acre total project area. Gross project density l.j. shall not exceed 6.1 unite per acre. 2,5 F/LA~D IvROa'ECT ~ APPROVAL ~ A, Prior to the recording ot · Record fiat, and/or Condominium Plot ~or 811 or pert ol the PUD ~inal plane o~ 811 required Improvements ehall receive approve1 ot Che appropriate Collier Count3' Governmental Agent3' to tnaure compliance with the PUD NanCar Plan, the County Subdivision Code end the platting lmwe ot the State o~ Plorida. B. Exhibit ~A', PUD Nmeter Plea, constitutes the required PUD Development Plan. Sub4equenC Co or concurrent with PUD approve1, a prellmlnary Subdlviefon PInt, t~ applicable, shall be cubsliCed for the entire area covered b3' the PUD Neetar Plan. Any divialon o~ property and the ; development o~ the had eha11 be in compileace with the Subdivision Repletions, end the platting lmws o~ the State o~ Plorlda. C, The provisions o~ Daylatch 3.3 ot the Co111ar County Land Development Code when appllcable shall app13' to the development o~ 811 platted tracts, or percale o~ hnd el provided in aeld Divlaion prior to the .issuance o~ · bulldlng permit or other development order, D, The development o~ an3' tract or parcel epproved ~or residential development contemplating ~ee elmple ownership ot lane tot each dwelling unit eha11 be required to cubatit and receive approval ot · Preltndnar,/ Subdivielon Plat in eo~tormmnce with the requiremonte o~ Divlelon 3.2 o~ the Collier Count7 Land Development Coda prior to the eulxaittel o{ construction plane ·nd plat ~or an3' portion ot the tract or parcel, E. Appropriate instruments will be provided et the time ot tntraetructure Improvements reprdlng any dedicucions and method ~or providing porpetual maintenance o~ common hcilittea. ~, The pro~acC le cubJeer to the provieione o~ Section 2.7.3.~ ot the Collier Count7 Land Development Code to eat time lieice ~or approved PUD to c~nce development. . A, Amendmentm ina.r be made to the Ptrl) ms prorJdecl Jn the ColJler CmJnf..r rand ~;,r'. Derelopwent Code, Section 2,7,3,5, ~:"' 2.7 ASSOCXATXON OF FR01'ERTY ~ FOR C0fq40g AREA /.,~: ~he~erer the developer elects to create land arem and/or recreation meenltiea ~hoee ownership and maintenance responalbillty is a eo~on ~ interest to ell of the aubeequent purchasere of property ~ith~n development in Nhleh the earomen interest ie located, that developer nntity ehaZl provide appropriate legal Inatrumente for the establlehment · ' Property Ownere AasoejetZon whose function ahmll inelu~e'provlelone for the ~" perpettml cars end mintshence oE all eomon facilities and open spnee ~'~ subject furthaP to the provisions of the Co|/{er Co~mty Land Develof~ent · ~'~ Code, Section 2.2.20o3.~. ,~ 2.8 NODL~ ~ ~ ~ALLq FACTLITTF~S l&xle% hews/model home centers, including salem centers, shall be permitted tn conJunc~io, with the promotion of the development. cubJeer to Section 2,6,33o&J at the Collier Co~mt7 Land Derelcpment 065,, :1.50 3,1 ~ ~e ~se o~ this Seetl~ Js to set forth the develops: standards m~licmble to the project l~Icat~ ~ Exhlbi~ "As, the ~ ~ster Plan, 3.2 ~ ~ ~lldlng or armature, or part thereo~, s~11 ~ erectS, sitered or ~, or la~ use, in ale or p~r~, ~or other t~n t~e to11~ing: A. ~inctpal Uses: 1. Detach~ single ~a~ly ~e111ng ~its. B, Aecesso~ Uses: 1. Aeeesso~ uses a~ st~etures custs~ in residential ~oJe.ts, lnel~lnl reefeagles1 Eaellltles, 2, Project sales a~ a~nistrattve o~fiees subject to the r~.lr~nts of Sectl~ 2,6.33,5 of the ~llter ~nty ~ Develo~nt ~e. 3. SI~Ie as ,~tt~ in Dlvlst~ 2.5 of ~11ier ~ty ~vel~nt ~e in eftact at the tim oe ~lldlng ~it Polling Places: ~rs~nt to Secti~ 2.6.~ o~ the ~lller ~nty ~ Develo~nt ~e as aNndad. provision s~11 ~ sde for the future use of ~lldtng space within c~ areas for the ot acc~ttng the f~ctlon ot an electors1 ~111,S place. 3.3 A mxlu o~ 207 ~lllnS ~tts my ~ c~st~ct~ In this ~ acre project 3.~.1 ~ ~1 yards, sec~eks, e~e. s~ll ~ in relazl~ to the t~tvtd~l lo~ ~rles. 3-I ;'~" A. front Vsrd,* 20feet. B. Side YaH: 0 or 7.5 feet. ~; C. Rear Ta~: ~5 ~eet. * For ~ero lot line ~llinBs, the side ~ard set~ck is g fpet a~ 15 ~eet on the r~ining side ys~. ~e distance ~t~en principal 1,~ sq~re feet. 3,i,& ,:?, ~. ~ngth 80 feet :~' 3.&.6 OF~ P~ ~ ~ r~u~t~ b7 Division 2,3 oE the ~Jer ~nt7 ~ De~elo~nt ~e in effect at the t~m o~ ~ldjng ~Lt n~l~eat~, 3,&,7 ~ ~rLneJpsl $t~eture: 2 storLes, 3.&.8 ELn{u ls~sespjnl r~irmntl shell has p~tt~ or r~ujred by DLvLsj~ 2,& o~ the ~111er ~ty bnd Develo~nt ~e in e~fect at the 3.&.9 Z~O ~ L~n S~S F~LY D~A~D R~R~ 1. ~e zero loC llne ~rcion of the dwelling uniC shall ~ void of d~rs where such ~11 is conci~s co adjoining line. Wind~s my be ~mttCed on the zero 1o~ line watl. ,,,.' 3.6,10 COtW~0R AR~ TRE~ 1. The mrehlteetural style el the dwelllag units/structures shall compatible in desi~ and c~l~nca~ in the use of mcerials and eelor. 2.~e reaidential project s~11 ~ve a s{pture ~trancway. entrane~y deslp and i~rovmnt elmate s~11 include s~ or o[ the foll~ing: the use of landscape mterials, gazed st~cture, wacer leacures, sculpture, and o~mntal parent surfaces. 3. Street mterlals, s/figs, l~tlng ,~11 h c~lmnta~ the projec~'s accessaye. 6. ~ere the uture of the c~,t~ccJ~ of a residence ~e ~ovided ~or zero (0) aide ~N, f~t/ngs t~ r~f over~nl ~e~ac~nts my ,mLtt~ ~to the adjoinInS lot. A r~f drainate lystm shlZl ~t in piece to prevent r~f draL~le fr~ lailinl onto the pro~rty ~JlClnt the wells of the residence with the zero (0) side yard tolerance. Furtheirs, prov/sJ~ ihaZZ h mde for a three f~t (3') eumnt ~ the a~ttJnl ~rty, Ihll h record~ ~n~nf with the la~ with the residence enj~Lnl the zero (0) lot side ys~ Eor m/nt~snce ~ses, 5. ~f ~erhngs shll h proh~bjC~ ~er saJscsnt pro~rty l~nes ~less s rscoN~ restrictive covesat erest{aS the r~uisJts essmnt interest for sncrosc~nt, mintssacs snd repsjr of the h{lding overhag is a~ elmriO of t~ project. ~e deveZopc shll cout~ct s fence in scco~nce with 'Sect~ 2.6.11 el the ~11{sr ~ty ~nd Develo~nt ~e to h locst~ sl~l the g~th s~ hst ~roprty l~nes ~jscen~ to rssid~tisl ls~ use. COt~qO!6 ARP. A/RgCRKATIOfqAI, AR~A · he purpose of this section is Lo set forth the developme. at plan and development standards far the areas dealSnared as tract G en the PUD Plan, Exhibit "A". The primary function end purpose of these tracts frill be to provide aesthetieally pleasing green, op.n areas and recreational facilities, except in areas for water impoundmeat. A. Principal Uses ".-. 2, Open spice/nature preserve ;.~: 3, Pedestrian and bike pitha constructed for' access or "/; passage through commmn srees, ~ 6, Smell docks constructed for purposes of lake recrestlon for residents of the project, 5. Shuffleboard courts, tennis courts, swimmini pools, sad other facilities intended for outdoor recreation, 6. Clubhouse .;. B, Accessory Uses: l, Accessory uses and etrueturee eustomerily are amenelated with principal uses. A.3 Dgvr,.OPtaucr REGULATIGI~J A. Overall sloe design shall be harmonious in terns of landeeaplngo enclosure of structures, location of aceego Effects and parking areas -- and leealton and treatment of tmffer areas, B.Buildings shall be setback · minimum of 25 feet abetting residential districts and maintained landscaped buff. ers shall be provided. tiebring fscllltles shall be arran$~d in a mnner to protect roadways and neighbaring properties from direct glare, D. Deslea end construction of all improvements shall be subject to compliance with the appropriate preyis|one of the Collier County lend Development Code, Division 3.2, and this PLrD, 1. Principal structure twenty five (25) feet. 2. Accessory structure fifteen (15) feet. , Aa required b~ Division 2,3 ~f the lend Development Code of the time of · building permit application, "' o65 .: : · .,..: - ,. ,,.. Co~aervatlon/Preaerve Area vegetatio~ and naturally functionlug habitat such as wetlands natural state. These occur 5.2 1Io buildtnl or structure or parl~ thereof, shall b, erected or altered or used, or lied used, in ~le or In part, for other than the Eollowtnl, subject to regional, state, and federal p~rmits whet required. A. Principal Uses: 1. OV~ spices/nature preserves, 2. Small docks, piers or other such facilities eonatructsd for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. 3. Boardwalks subject to appropriate approvals by pmrmitting agencies. &. Nulched paths and bridges to provide access irma the uplands. B. Aeeessory Uses: 1. Accessory uses and structures ~Cmrily assetlaCed with the principst uses, 2. Section V related Conservation Preserve Area in the Collier County Land DmvelolaMnt Gxle. C. Environmental Review: Any and all building, mice alteration, or ocher activity within the preserve area Division.of Collier Cmznty. '".-', 065 155 ~, lO0lPAGE ·, '.: ~.. The purpose of this Section is to let forth the development commitments for the development of the project, >? All facilities shall be constructed in accordance with Final Site : Daveleast FInns or Final Construction Fleas, as spplicablel. and all Scats and local la~s, codes, Except where specifically noted or stated otherq~lse. the stemlards and Ipecifieations ot the LDC Divisions 2 and 3 shall apply ~. to thil project Ivan if the land within the PUt) is not to bo platted. The · developer. his successor and assigns shall be responsible for the '~ cornailments outlined Jn this document. A, Exhibit A, PUD Heater Development Plan iljustrates the proposed developseat sad is conceptual in nature, Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed Co be final sad my be vsrledo iE deeemed insubstsntlsl, at any subsequent " approval phase st the time of Sits Development Plan or final subdivision ~' plat application. '~'~': B. All necessary sssmaents, dedications, or other instruments shall be granted to insure the eontinued operation and maintermnce off all service utilities and all em areas in the project. All signs shall be Ln aeeordanee with Division 2.5 Collier County Land Development Code in effect at the tim o~ building pecmit application. ,. .0t 6-1 The de~elol~eal~ of this PUD PLaster Plan shall be tubjest to ~nd ~ovorned by the following transportation candlelens: *~' A. The Road Impact Pet shall be'ms set forth in Ordlnanco 92-22, · amended, and shall be paid when building permits are issued unless otherwise approved by the Board of County Co~nlssloners. B, Assess Improvements, as specified In Ordlnenes No, 93-64, shall not be subject to impact fee credits sad shall be in place before any Cartlittoral of Occupancy ere made. .i C, There Ihail be s provision made for emergency seeeta only between ~raet : E, and the development to the east.' 6.6 A. A detailed water management plan end supporting esleulations signed and ; sealed by · Proffessional Engineer shall be pro~ided prior to final Sits ,~ Development Plan approval or final subdivision plat approval. B. An sxeavatlon permit will be required for the proposed lake is) in accordance with Division 3,5 of the Collier County Land Development Code, and South Florida Water I~ansgement District (SFI~D) rules. *~ C. ~n meterdanes with South Plotida Water F. anagement District rules, the water management system shall bleed down the first one half inch project runoff in 2~ hours. D, A copy of SPI/~D Psrm/t or Early Work Persalt with staff report is ~.~ required prior to eonstruetion plan approval, T~o development of this PUD ~aster Plan shall be subject to end governed by the following eonditions: A. Connection to the sx{stinl water facilities within Radio Road r/lht-of-~ay are required and must be completely Iljustrated on the final sits plans and supporting engineering construeties drnwlngs as to location, configuration, and sLzo. · ~ B, The axistinS off-tits wet. mr factilttas of the Dietriot must be eveheated for ~'~'* hydrsull, esps~tC~ to serve this project and retn~ore~ as r~ulred, if - provide a sufficient ~,ntlt7 of water to me~ the antJeJpnt~ d~ of the ~ojecC s~ th Dintricc's exlstlnS c~[tted cap, city. Prior ~o [;nal ~DP e~rova[ doc~nte~i~n shaft be provided sh~jng ~hat ad~,nr.~ ~table wnt. er dm~ plum fire ft~ exJat a~ t~t i~ is ~amt on a~:tunl [l~ data provt,l~ ~ the loea~ Fire D~atriet. C. ~e ut{ttty e~nt~etJon decants Ear the project', s~ernge ,ysta shall ~ pre~r~ to contain the deslp a~ e~st~etion of the ~ slteforce sin / ~ch will e~neet the project to'the centra] setaSs Eac;llt~es o~ the D[str~ct. D. ~s{~ s~ c~st~et~ De these feelilt{so met ~ Ln e~lLanee with Ordlnsncs 88-76, ss E.~ ~rtlficstss of 0ee~pancy ~;~ ~ $ssu~ ~tiZ the reS;~aZ set senices o[ the ~lller ~nty ~stsr~eNer District mrs ~n ~lsce sad ~. A~1 austere e~neetinS to the ~stsr dJstri~tt~ s~ seals eoHeetion facilities to N eonst~eted ~ be austere o[ the ~nty sM -JZZ ~ blil~ by the ~ty in seeordsnee ,[th the ~nty*s established rates. G. ~nneetion to the sxlst~nS ~ster ~sel~lties ~lthjn bn bke Drive rl;ht-oe- ,my are rs~ir~ s~ rest N c~letely tZjustrst~ on the ~{nsZ sits plsns s~ supStrial enl~neerinl eonst~etion drs,lnls ss to location. e~[i~rstion, s~ sJxe. ~. ~e exlst{n8 of[-s{te s~Se trsns~ss;~ [seilities o[ the District mat b :"' . svsl~t~ ~or hydrsulle capacity to se~s this p~ject s~ i~rov~ as r~ir~ ~tslde the projects ~ to provide sd~te capacity to trsns~rt the additional ~sst~ster 8enerst~ ,it~t adverse i~sct to the exlsttnS trsnsmlsslon fscilltles. ~smnts ~or underlr~ utllltles such ss ~er. telephone, ~, cable. ~st~stsr collection s~ trsnsprt, water dlstri~ti~ lines and other similar utilities netssam, for the service of the project s~11 N loest~ ss r~ulr~ sad lrsnt~ for t~ss ~ses. ~e developer o{ this ~ ~stsr Plan eMIl b subject to and 8ovsrn~ by · '~ the foll~inl 'condltl~s: '~ . A. ~e applicant shll b subject to all enviro~ntal ordinances in sireat ~. st the ti~ of all [lest developer order approvals. B. Retorts approval does not absolve the applicant fra s,~lyin8 necessary inio~t lon as r~ssir~ for subn~,snt sits plan ~rovsl ( i .e. ~1 !dl ire surveys, jurt~letlonsl ,stla~ infection. a~ appropriate mittSatlas). 6-3 C, All mitigation for impacted wetlands shall comply with the ration and requirements of Appendix 7 of the South Florida Water Ptonsr. m~nt Olatrlct rules and may cc~sist of wetland creation or upland campsemetics for wildlife, Mitigation areas shall be surveyed prior to Final Site Plan/Ccmstruction Plan approval and designated es e conservation easement and/or tract with protective covenants pursuant to Florida Statutes, Chapter 704.06. D. Preservesloe and mlr. lgmtion areas shell be deslgnsted ss pr,eervstion tracts and/or conservation easements on all subsequent site plans and shall be recorded on the plat subject to the uses and limitations Chapter 70~.06 of the Florida Statutes. E, Preservation areas shall be field verified and approved by Collier Project Plan Review Environmetal Staff, These areas shall retain the existing natural canopy, u~derstory and grotmdcover vegetation ned shall be maintained free of axoties in perpetuity, A. Detailed paving, Iradial, mite drainate, and utility plans shall be submitted to Project Review Services for roytown No construeties peru{is shall be issued unless and until approval of the proposed ao~struotion in accordance with thesubmitted plans is granted by ProJesS Review Services, B, All requirements of Division 3.2 of the Collier County Land Development Code must be mat since no substitutions were requested. C, The project shall be platted in aecordance with Collier County Land Developmn~ Coda. D, This project shall be required to meet all County Ordinanees in elfeel the time final construction documents are sulmltted for developmeo~ approval. 6.11 AFPORDABLg MI"NG ACREEMENT A. The Leawood Lakes project shall be operated in accordance with the tam of an executed Affordable Housing AZreemen~ between the project owner and the Collier County Board of Camismioners. LEAW00D LAKES AGREEMENT AGRE~IerRNT AUT~ORIZIN~ AFFORDABL~ ROUSING DENSITY BONUS AND IMPOSING COVENANTS AND RES~ICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the Y~ day of .~//n~c,~- , X994, by and between LEAWOOD LAKES DEVELOPMENT, INC., a Delaware Corlxn:atton (the wDeveloperw) and Collier County by' and through the Collier County Board of County Commissioners (the "Cosmission" ) · RECITALS t A. The Developer ovns a tract of real property described asI TRACT T. BEING T~TE W~ST 1/2 OF TH~ W=~T 1/2 OF T~E NORTHEAST 1/4 OF SECTION 6. TOI4NSI~Its S0 SOUTH. RANGE 2g F/ST. LRSS F/ST 212 FEET. LESS W~ST 110 FFET LESS N25.02 FEET FOR RIG~{T-OF-WAY C0NTATNIN~ 2O~S ACRESf T]~ACT II. T~E F/ST 212 tPLrE'I' OF T}TE WEST 1/2 OF q~{E' W~ST 1/2 OF T~rg N0JVFP[EAST 1/4 OF SECTION 6. TOWNSHIP ~0 ~,TTH. RANGE 26 F/ST. LESS NORT~ 25.02 FEET FOR RIGHT-OF-WAY CONTAI~TENG 13.17 ACRES (the wPropertyw) for a total of 34.07 acres. The legal and equitable ovners of the Property include L~AWOOD LAKES DEVELOPMENT CORPORATION. It is the Developer's intent to construct a maximum of 207 residential units (the wUnttsw) at a density of 6.1 units per gross acre on the Property. The gross acreage of Property is 24.07 acres. The number of affordable Units constructed by the Developer shall be 42, representing twenty percent (20%) of the total number of residential Units in the development. B. In order to construct the Unite, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinanoe 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 construction of 72 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 Exhibit ~, ~~, In c~slderation of the a~r~al and ganti~ of ~e density ~nus of ~ units per a~e re~estsd ~ ~e Devel~er and ~e hnefits c~fe~ed there~ on the ~~, a~ f~ ~er g~ and valuable consideration, the rece~ and sufficienq of ~ich are here~ ac~ledged, hvel~r and ~e C~ission here~ c~enant and ages as fo11~s ~ 1. Reel~ls. ~e a~e facials are ~e ~d co~e~ and ~e inc~ated herein ~ reference. 2. Dffel~er ~eaen~s. ~e D~l~er here~ agees that it s~11 c~stm~ ~ affordable ~lts ~ich Units shall sold in ac~dance wl~ ~e te~s a~ conditions of this Age~en~ and as s~clf~ ~ the attach~ A~ndix A, Mlbit A and Mlbit B, ~ich Appendix is lnco~ated ~ reference herein and mt~tutes a p~ of ~is Age~ent. ~l~ at ~e ~ich ~e n~ ~ affable ~it (~ket-hte ~its~) s~11 ~ fr~ ~e ~isions of ~ls Age~ent ~ ~y h sold ~e ~el~r on tern a~ conditions a~e~ble to ~e D~el~r h l~ sole dis~etion. ~e DayslUr shall proida, w~in -i f~-five (45) days fr~ ~e date ~at ~e n~ice Is received ~e ~lssion, on-site ~nag~ent to assure a~ropriate sanity, ~inte~nce and a~earance of ~e d~el~ent and a. ~e foll~lng ~isions shall ~ a~licable to ~e allowable ~ltsx (1) Definitions. F~ the ~ose of Agenent and as pr~ided ~ ~dinance No. 90-89, as amended$ (a) Lease with ~tion t~ ~chse shall ~an affordhie housing in ~e fo~ of an affordable housing ~er~pied unit where all or pa~ of lease or rental pa~ents are contra~ually applied to ~e ~rchase price. In r~ard, ~ the lease or rental pa~ents and the ulttmte p~chase price of the ~tt shall meet ~e definition of affordable housing. H~ever, ~e unit shall o~e~se ~ treated ,oo, O65,,d6 -3 - OWNE~-.OCr~PZ~) ~s sam as an s~dabls h~s~ng ~er-~pled unit. (b) ~s~ed~ied ~lt shall mean a~f~d- ~ls h~si~ in ~s f~ o~ a residen~ial dvsllln~ unit solely ~ mpan~ and fee s1~ls ~ershlp ~ a l~ or vs~ ~c~e h~sehold ~der ~s ~tstons o~ ~e A~dable H~stn9 Co) ~,Xnf shall mean (a) ~e phased ~t~on of ~ld~ngs ~ st~u~ss In saparate and d~s~in~ s~gss as sh~ on a ~ ~stsr plan, ~v~sion ~ster plan I~ts d~sl~nt planX or (b) ~n d~sl~snts ~srs phased mt~~ ~s n~ dsp~sd on a ~ ~stsr plan, ~ivision Msts~ plan ff s~ts d~sl~snt plan, the const~ion ~ildl~s ff st~ss ~n s clearly defined ssr~es of s~s and finishes ~at are separate and distin~ within the d~elo~snt. (d) ~ and all ~s~ ds~n~t~ons ~idsd ~ ~d~m~ No. 90-89, as ~snded, are hers~ ~nco~ratsd ref~lncs. (2) ~t~gs ~a~snt. ~s non~ly ~ss rent ~a~s pa~snt ~or ~s affordable Units shall ~ ~n accordance wi~ ~s pa~n~ ~c~f~sd ~n ~s atechad A~sndix A, A. Said pa~ent ~y ~ in~sased each year ~r~ the date o~ ~susnt as lon~ as ~e rent does not exceed ons-twsl~ of 30 ~rcent o~ an ~nt ~ch represents 50 percent (for 1~ lnc~e) or 80 percent (~or I~ inc~s) of ~s ~sn a~licabls ssdian adjusted ~oss a~ual ~nc~m for ~s h~sshold as ~lishsd a~ually ~ ~s U.S. Depa~snt o~ H~s~ng and Dsvsl~en~ for ~s area ds~lnsd as ~s Naples Metrc~litan S~t~stical ~sa (~A). ~s fors~oin~ not~l~stand~n~, any rent char~ed for an affordable hcusin~ unit rented to a 1~ lnc~s ve~ 1~ ~nc~s ~amlly shall not exceed 90 ~rcsnt o~ ~s rent char~ for a c~arabls ~rket rate dwellin~ In the same or shllar developant. (3) Mod~ lnc~s. For ~e ~ses o~ A~oennt, ~s median income o~ the area as defined ~ the Depa~ent o~ g~stng and Urhn Developeat (~) shall h the LEAWOOD LAXES AGREEMENT OWNEg-OCCDTI~D then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published An the Federal Register, as adjusted for family size as shown the tables attached hereto as Al~endix A, Mlbit 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 com~uttng adjustments An median income. {4) IligibllitT and {~llliflOltiOn Of BF/er· family Income eligibility is a three-step procelsl 1) submittal family Income~ and 3) execution of an tn~ome certif~catto. form. All three steps shall be accoapltshed Frlor to a ~uyer being qualified as an eligible family to buy and occuFy an affordable hausihg tulit Nursuant to the affordable housing density bonus Frogram. !fo person shall occuFy an affordable housing provided under the affordable housing density bonus Frogram prior to bellN qualified at the appropriate level of income (low or very low income) in accordance with this The Developer shall be responsible for qualifying buyers by accepting applications from buyers, verifying income and obtaining the Income certification for al1 affordable units the subJec~ develolment. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban Improvement DIreCtor. ~ualtflcatton by the Developer of any buyer as an eligible buyer family shall be subJe~: to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission · (a) application. A potential buyer shall apply to the Developer, c~ner, manager, or agen~ to quali~y as a moderate, lo~ or very lo~ income family for tho purpose o~ buying and ocoup~/ing an aZZordable housing owner-occupied unit pursuant ,o,,, 1365,, d64 -4 - to the affordable housin~ density bonus program. The Preliminary Application for Affordable Housing Unit form shall be provided by the Rousing and Urban Improvement Director as shown in Appendix B, Exhibit ~, attached to this ~rsement and incorporated by reference heroin. (b) Xnccae Verification and Certification, No affordable housing unit that is to be sold, leased with option to purchase, or otherwise conveyed in the development shall be sold, leased with option to purchase, or otherwise conveyed to a buyer whole household income has not been verified and certified in accordance with this ~graement as a moderate, low# or very low inca family. Buyer income verification and certification shall be repeated annually to assure continued eligibility, my person who buys an affordable housing unit ~ust agree, An a lien instrument to be recorded with the Clerk of the Circuit Court of collier county, Florida, that If he sells the property (including the land and/or the unit) within fifteen (15) years after his original purchase at a sales price in excess of 5 percent per year of hal original purchase price that he will pay to the County an amount equal to one-half (1/2) of the sales price An excess of 5 percent increase per year, The lien instrument may be subordinated to a qualifying first mortgage, The Developer shall notify buyers in their lease or purchase contract of buyerrs duties and responsibilities with regard to said lien, ~.. For example, a person originally buys a designated affordable residential unit for 860,000 and sells it after five (5) years for 880,000. A 5 percent increase per year for 5 years viII give a value of 876,577. Deducting this amount from the sales price of 880,000 gives a difference of $3,423. The seller would.then owe the County 81,711.50 (1/2 of 83,423). Payment of ithis amount would release the first owner from the recorded lien against the Property. Such payment shall be maintained in a segregated fund, established by the County solely for affordable housing purposes, and such money shall be used solely to ~,' LEAWOODLAXESAGREEXENT OWNER-OCCUPIED enc~xrage, provide for, or promote aff0rdahle housing in Collier County. (c) Income Verification. The Developer shall obtain written verification from the potential buyer to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, if attached to the Affordable Housing Applicant Income Verification form,- which includes a e~atement to release information, tenant verification of the return, and a si~nature block with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the ninety day period, the information may be verbelly updated from the original sources for an additional thirty (30) days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Housing and Urban Xmprovement Director as shown An Appendix B, Mibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certifiea~ion. D~on receipt of the Preliminary Application for Affordable Housing Unit and the Affordable Housing Applicant Income Verification form, the Developer shall require that an income certification form shall be executed by the potential buyer (including the entire household) prior to purchase and occupancy of the affordable housing unit by the buyer. Income certification shall assure that the potential buyer has a low or very low hcusehold income which qualifies the potential buyer as an eligible family to buy and occupy an affordable housing unit under the affordable housing density bunus 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 thi~;Agreement and incorporated by reference herein. - ~ ..... LEAWOOD LA. KE,.q A~ OWZt'ER-.OCCUPZED (s) mayer A~z'eaens-,,, At a minimum, the lease ~r sales contract shall include the foll~lng~ (i) name, address, and telephone mmber of the head of household and all other occupantsl (li) a description of the unit to be purchasedy (ili) the term of the lease/option, If applicabley (iv) the purchase amountl (v) the monthly rental payment and the portion of that payment applied to the purchase prices (vi) the use of the premises~ (vii) monitoring and enforcement provisions, including disqualification of buyer; and (viii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and Ordinance No. 90-89, as amended, may be conducted b~ the litusing and Urban Improvement Director. (5) Disqualification of ~r~e~. In the event that buyer qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his\_designee, then such buyer shall be required to vacate the affordable unit. If buyer vacation of the affordable unit is the result of an error, omission or misrepresentation made by Developer, buyer shall vacate the affordable unit within thirty {30) days and Developer shall pay penalties as provided by the monitcrin~ and enforcement program. If buyer vacation of the affordable unit ~s the result of a misrepresentation made by the buyer, buyer shall vacate the affordable unit within fifteen (15) days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be expressly detailed in the purchase agreement between Developer and buyer. (6) Annual Progress and Mon~toring Report. The Developer shall provide to the Housing and Urban Director an annual progress and monitoring report regarding the delivery of affordable housing owner-occupied units throughout the period of their construction, purchase and occupancy for each of the Developer's developments which involve the affordable housing density bonus program. The annual Progress and Monitoring Report shall, at a minimum, provide any information -'7- LEAWOOD LAKES AGRE'E!aNT OWNER. OCCUPIED vl~h Ordinance No. 90-89 or subsequent amendments thereto. ~he report shall be £11sd on or before September 20 of each year and the report shall be submittsd b~ the Developer to the ltousing and Urban Improvement Director or his designse. Failure to complete and submit the Progress and Honitoring Report to the Housing and Urban Zmprovemsnt Director within sixty (60) days from the due date shall result in a penalty of up to Fifty Dollars (~50.00) per day per incident or occurrence unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (S0) day submission deadline. No lore than ons such extension ~ay be grantsd in a single year. The pro~rsss and monitoring report shall be in a form provided by ths Rousing and Urban I~provement Director, (7) Oe~anor Restrictions. No affordable Unit in any building or structure on the Propstry shall be occupied the Developer, an~ person related to or affiliated with the Developer# or by a resident manager. 3. Density Ionus. 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 4 units per acre, and Is therefore granted a density bonus 2.1 density bonus units per acre, for a total of _ZZ_ density bonus units (total - density bonus unite per acre X gross acreage) # pursuant to the Collier County AfZordable Housing DansAty Bonus Ordinance No. 90-89. The CommAssion further agrses that the Developer may construct thereon, In the aggregate a maxin number of 207 units on the Property provided the Developer is able to secure building permit(s) Zrom Collier County. 4. Colmission Agteemen~. During the term of this Agreement# the Commission acting through the ltcusing and Urban Improvement Department or its successor(s) covenants and agrees tO prepare and to make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. -8 - LEAWOOD LAKES AGREEMENT OWNER-OCCUPIED S. Violations a~d Enforcement. a · VIolations · It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordlnancs to rent, sell or occupy, or attempt to rent, sell or occul~, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreements or to knowingly give false or misleading information with respect to any information required or requested by the Rousing and Urban Improvement Director or by any other persons pursuant to the authority which Is delegated to them by the Ordinance. Collier County or its desiqnee shell have full power to enforce the terms of this A~reement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. b. Notice of Violation for Code Enforcement 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. Mat1, or hand-delivery to the person or Developer in violation of the Affordable Housing Density Bonus Ordinance. 'The Notice of VIolation shall be in writing, shall be signed and dated by the Housing and Urban Zmprovement Director or such other County personnel as may be authorized by the Board of County Commissioners, shall specify the violation or violations, shall state that said violations(s) shall be corrected within ten (10) days of the date of the Notice of VIolation, and shall state 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, Section of lOOK rAG -9 - LEAWOOD LAKES ACREEMENT OWNER-OCCUPZED this Agreelant o~ of Ordinance No. 90-89 olT 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 Oo~u~ancT. 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 ~ithheld for an~ future planned or otherwise approved unit located or to be located upon the Property until the entire project ~s in full compliance with this A~reement and with Ordinance No. 90-S9, as amended. ~. assignment br Cc~mission. The Commission may assign all or part of its obligations under this A~reement 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 no~ assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or premises under this , A~reement 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 7. severabilit=. 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 prov~sions shall remain effective and binding on the parties. S. Notice. Any notice desired or required to be given under this Agreement shall be in writing and shall either be porsonally delivered or shall be sent by mall, postage prepaid, · LEAWOOD latKES AGREEMENT OWNER-OCCtrPIED To the Commissions Housing & Urban Improvement Dept. .,.' 3050 N. Horseshoe Dr., Suite 158 :~ Naples, Florida 33942 To the Developerx Leawood Lakes Development, Inc. ~ 959 North 2Sth Avenue :, Naples, Florida 33942 Arry party may change the address to which notices are to be sent by notifying the other party of such new address in the manner let forth above. 9. autheritr 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 hersunder. 10. Andesnilr. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employ/see, and agents harmless from and against any and all olaJas#, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and Judgments arising ou~: 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 incidents1 to the performance of this A~remnt. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon .the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. Bowever, 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. 12 · Recording. This Agreement shall be recorded at Developer#s expense in the official records of Collier County, · Florida within thirty (30) days of approval by the Board of IOI~K LEAWOOD LA~ES OWNER-OCCUPIED County Consissionere and a copy transmitted to the BousinV and Urban Improvement Department vithin five (5) days oZ racordation, Upon failure to record this A~rsement vithin said thirty (30) ~" days, this A~reenent shall be void ab initio. ~j!: 13. ~ntire 7~Jreaent. The parties hereto ag'ree that this AVreement constitutes the entire Agreement between the parties hereto and shall inure to and be bindin~ upon their respective · heirs, successors, and assigns. 14. Termination. Each af£ordable housin~ unit shall be restricted to remain and be maintained as the type o£ affordable ~ housing cvner-ocoupiad unit (lov or very low income) designated ~'~ An accordance vith this AVraement for at least fifteen (15) years ~71 from the date of issuance oZ a Cartl£1cats of Occupancy for such unit. XZter £1fteen (15) years this A~reenent may terminate upon · , a date mutually agreed upon by the parties and stated in writing. ,,:, 15, JXodiftcation, This A~reement shall be modified or '=,~ amended only by the written agreement of both parties. '~' 16. Disczimination. a. The Developer agrees that neither it nor its agents ;j shall disoriainate against any buyer or potential b~er because of said buyers race, color, religion, sex, national origin, familial status, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, ~ sell, and maintain the same in a non-discriminatory manner and ~I.~ shall make available any relevant information to any person who is interested in rentin~ or purchasing such affordable housing unit. ~,~I o. The Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or ~, purchase of affordable units. d. The af£ordable housing units in the development shall be identified on all building plane submitted to the County and described in the Developer Application for Affordable Housing D...lty -o.u.. 1'72 BOOK ~ LEAWOOD LAKES AGREEMENT e. The affordable housing units shall be intermixed with, and no~ segregated from, the market rate dwelling unite in the development. ~'... f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units In the develolment. All physical amenities In the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus 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 An item number seven (7) of the Developer Application for Affordable Housing Density Boous shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phasc may contain different amenities than units in a previous phase so long as the emenities for market rate units and affcrdable units are the same within each phase and provided that In no event may a market rate unit or affordable unit in an~ phase contain physical amanities less than those described An the Developer Application. g. The Developer ks prohibited from buying back any affordable housing units sold to eligible individuals at a discounted price for the future resale at the market rate. 17. Phasing. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to twenty percent [20~% affordable housing units for this project, with twenty uercent [20%} of the units in each phase as built consisting of affordable units. 18. DlsalosK~e. The Developer shall not disclose to persons, other than the potential buyer or lender of the partioulsr affordable housing unit or unite, which units in the develolment are designated as affordable housing units. 19. Consisten~y. This Agreement and authorized development shall be consistent with the Growth Management Plan and land develolment re.gulations of Collier County that are in effect at · · the time of develolment. Subsequently adopted laws and policies shalt apply to this )~rssment and the devslopmen]~ to the ext;ent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus apprc~,ed for the development. 20. affordable wousing Density Donus Develol~aent/tgreemsnt. This Agremnt is a distinct and separate agreement from develclment agreements as defined by Chapter 163.3220, Fla. Star. (1989), and as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Director the Developer Application for Affordable H~using Density Bonus, a copy of which is attached to this A~Teement as Appendix C and incorporated by reference hersin. 22. ~verning 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 do~nnents, certificates, J~qstruments, and agreements Which may be r~asonably required in order to effectuate the intent of this '.A~/r/;i~eemsnt.~, Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. Iff WITNESS WHEREOF, the parties hereto have caused this ..~...A~s.e;,,,.w,.T.m~.q~/~ .be executed as of the day and year first above ~repared Approvsd as to form and ~artha L, ~bels'lek .E~qu..im legal sufficiency= Office of the Co~ A~torne~ Saphs F10rJda 33962 Assistant County Attorney ~;~3) 714-84~ - 14 - The forqoin~ A~reement Autho~lsin~;A£fordable ~oueln~ hns~ty ~l ~ l~s~ng C~enants ~nd Reltr~onl On Real ;~b, ~~y was a ckn~ 1 edge d ~ fore me ~S ~ ha~ a~ o~lcial seal this . ~' day o~ ~~ , 1994. ~ CsissXon . .. Appendix A, lxhibi~ A OWNER-OCCUPIED NUMBER OF AFFORDABLE HOUSING UNITS/MONTIILY BASE RENTS MONTHLY '~.~/ NU~ER OF UNITS MORTGAGE PAYMENT -. ---'~. Single Multi Single Total " ~j'( Family Family Family Sales l~ice In U.S. Dollars LOW INCOME E£ficiency :. '.. 2 Bedroom · · ,. :3 Bedroom ~1 ?40.6:] e8.800 ~,: - Lake£ront J' 3 Bedroom 21 _704.~S 84.800 :, TOTX~ 42 . VZ~Y LOW IllCOME E££1clency · 3 Bedroom .~. ~.. (1) Base residential density alleyed In this development 4 units/acre, (2) Gross acreage 34,07, ~/ (3) Maximum number of affordable housing density bonus units ; alleyed in this development pursuant to Section 7 Ordinance 90-89, . 4 units/acre, (4) Gross residential density of this developmen~ (including affordable housing density bonus units) units/acre, (S) Percentage o~ af£o~ab~e units pledged the developer (as a percent oZ the total number unitB~n the development) tventv ~e~cent NARK~T RATE UNITS .~ NUMBER OF SINGLE FAMILY UNITS= 83 (lakefront) .'i' 82 .,, HONT~LY !tOUSING PXYMENTS (P.I.T.I. Est.)l 900.70 (lakefront) '862.27 TOTAL SALES PRICE: $111,000 (lake[rent) $106,000 Apper~lx A, Exhibit B OWNER-OCCUPIED Se~ion 7~ ~di~nce No. 90-89~ pr~ides for cal~la~ion of a density ~ for devel~er8 pled~inq ~o cons~ affordable ~l~s wi~ln ~heir deyelo~en~. Included In ~his Exhibi~ B are insertions for and ~ ~ables wl~h vhich ~o cal~la~e density ~ for a pa~i~lar pro~e~. ~ibi~ C contains ~en~ s~ian inc~e and acceptable ren~s for 1~ and ve~ 1~ lnc~e h~seholds in Collier ~e affordable h~sinq ~ensi~7 ~nus ra~in~ sys~a shall used ~o de~e~lne Lhe amoun~ of ~e affordable housinq ~ens~y ~s~i~my~an~ed for a develo~en~ ~sed on household of afE~dab~e h~sinq units (~er-oc~pied or sinVIe-family or~l~i-Zamily) and percen~aqe of affordable h~sinq unl~s ~n ~he developend. To use ~he affordable housin~ density ~nus ra~inq sTs~a, Tables A and B~ ~1~, shall ~ used. T~bles A and B shall ~ revi~ed and u~a~ed if necessa~ on an a~ual ~sls ~ ~he Board of C~n~y C~lssionera or l~s desires. First, ch~se~e h~seho~d inc~e level (m~sra~e~ 1~ or ve~ 1~) of ~ affordable h~sinq uni~(s) pr~osed in d~ol~en~, and ~ho ~ of affordable h~sin~ units (~er-oc~pied or ren~al~ sinVIe-family or~l~i-family~ where s~li~able) ~o ~ pr~lded~ as sh~ in Table A. ~en, a~ain ~o Table A~ choose ~e n~r of ~dro~ ~oposed for afford~le housin~ uni~(s). ~ affordable h~sinq densi~y ra~i~ ~sed on ~he household income level and ~ n~r of ~~ Is sh~ ~n Table A. ~er ~e affordable h~sin~ ~ensi~y ~nus ra~lng has ~en de~e~ln~ In Table A, ~e i~ In Tab~e B, and de~e~ine ~e ~r~n~ of ~a~ ~e of affordable housinq uni~ proposed in deve~en~ co~ared ~o~e ~o~al-n~ of dvellinq units inca ~x~ n~r of residen~ial dvellinq units peeress acre ~ha~ my~ added ~o ~ base density. ~ese additional residen~ial ~ellin~ ~l~s per ~oss a~e are ~he ~xi~ affordable h~sinq densi~y~nus (~B) available ~o ~ha~ develo~en~. Develo~en~s vl~ percentages of affordable h~sin~ units vhich fall in be~veen ~ percentages sh~ on TabOo B sha~ receive an affordable h~sinq density ~nus e~al ~he l~er of ~he ~o percentages lies ~veen plus X/10~ of a residential dvelling uni~ ps~ ~oss a~e for each addi~ional percen~aqo of affordable h~sin rental units in ~e develo~en~. For example~ a d~olo~en~ ~h~ch has 24t of l~s ~o~al residen~ial dwelling units as affordable units, and~ich has an affordable housin~ density ~nus ra~in~ wZourw viii receive an affordable housing densi~y ~nus (~B) 4.4 residen~ial d~elling units per ~oss a~e for ~ developend. ~ere more ~an one ~e of a~ordable h~sing~i~ (based on level of inc~e and n~r of ~o~s sh~ in Table A) is proposed for a develo~en~, ~he affordable h~sing density ~nus for each ~e shall ~ cal~la~ed separately In Table B. After ~e affordable h~sin density ~nus cal~la~iona Zo~ each ~e affordable housinq un~ have ~en c~p~e~ed in Table B~ affordable h~sinq density ~nus foF each ~ of uni~ shall be added ~o~ose for ~ha o~er ~e(s) ~o de~e~ine ~ho affordable housin~ density ~nus available fo~ ~he developend. In no even~ shall ~he a~Zordable housinq density ~nus exceed ei~h~ (8) dvel~lng units pe~ ~oss acre. Page 2 of 4 Appendix A, Zxhibit B OWWER-OCCUPIED OF HOUS~O~ ', ~D~ (~~l~, 0 1* 1* ' B~-~) ~ (~~Z~ ~ ~ 2 3 4 F~LY OR F~ LY eF~ ojust~ h~sl~ d~sl entl ~n add 1 density ~us to o~ 2. IXDDZTIOII'AL XVX3:LM!I,i DW~LLI:M(~ 1:FirITS IZR GROg/ AFFORDXBLE HOUSING t Olt AFFORDABLE ~TOUSZ~G UIffTS DEffSZTY BON~S RA'IrZNG 2 0 I 2 3 3 2 3 4 4 3 4 5 7 5 4 5 7 limaso calculate youz' denmitt bonus in the spasm provided below. attach additional pages iZ neceesarro The Developer proposes to build 207 three bedroom units which will be on single family lots, Twenty percent (20%) or 42 units are to be sold to low income families whose income is between 51% and 80t oZ the median income for the Naples Statistical Area, The density bonus rating is 2.1 since twenty percent oZ the units will be developed as affordable units. The density bonus rating added to the base density or 4 units per acre equals a total oZ 6.1 units per acre. The 207 unite will be built on 34,07 acres oZ land at a density or 6.1 units/acre. only 2.1 units per acre density bonus will be used. ,o. 065 ,,,E 1 Page 3 of 4 ':~: ' - ,' Appendix A, Zxhlbt~ C OWlrER-.OCCUPZED ~rRnt ~ the Affordable H~stng Density Bonus ~dtnance~ No. 90-89, m~erate lncne is S1% to 100% of median tnc~e, 1~ income is 51% to 80% of median tnc~e and ve~ l~-lnc~e Is less than 50% of Median Znc~e. ..: )'/::EDIA/( I'NCOME 1993 .' $43,000 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FA.MILY I 2 3 4 5 6 7 8 100% 30,100 34,400 38,700 43,000 46,450 49,900 53,300 56,750 80% 24,100 27,500 30,950 34,400 37,150 39,900 42,650 45,400 60% 18,050 20.650 23,200 25,800 27,850 29,950 32.000 34,050 50% 15,050 17,200 19.350 21,500 23,200 24,950 26,650 28.400 eased on an average of one and tvo ~n~Ze 1lying In a one bedroom unit, U~ree and four peo~Ze 11vlng a tvo bed=oom unlt. five and six ~e le ltvlr~ in · t~tee bedroom unit. and seven and eight people In a fou= bedtoo, unit. t~e a11ovabZe housing costs are shorn on t~e c~az~ belov. Housing costs are based on 30% of t~e family income. Nouetng costs are defined as rent an~ utilities for rental units · HOUSING COSTS BASr-D ON 30% OF FAMILY INCOKg ON~ BEDROOM 'l~O BEDROOM ~ BEDRO0~ FO~ BEDROOM UNIT UNIT UNIT UNIT 100% 805 1,020 1,205 1,375 80% 645 815 960 1,100 60% 485 610 720 825 50% 405 510 600 685 "; ALLOWMICE · 55 75 90 110 ALZ, oW~Ug must w*zr~ 'm'zuTzzs D~cr~o 100% 750 945 11115 1,265 80% 590 740 870 990 · 60% 430 535 630 715 50% :350 435 510 575 Page 4 of 4 . AppendLx I, fxhLbLt. k .~m o~ ~Z~s R~ ~ I~ this ~dtesss : ,~ ~1o~'1 ~sss . ~ ~ he ~sLd~ st y~l ~ssen~ address Zess than 3 ~a:s, Flesse s~a~e FrffL~s add:ssss Stree~ CLgy Irate Zip TeZephone # Preyions LandZ~d's Jim, Address, Telephones · ' Prose ~Z~'s nm, ~d:ess, b ~ with Prs~ ~Z~erm ~ob fLtZem g~ss Isl~l h~ly t , WekZy $ ~ 2 ~ks $ ,, ~nthly l .... ~iaZ ~tty ~rf 81~h da~sf P~ss~ ~l~'s Mm, ~sss, ~eZ~h~s b ~ v/th ~ssen~ kp1~rs ~ob fitlea :'.. Gross Isl~l hrly l, WekXy S ~e~ 2 Wekl J, ~thXy $. ' l~tal Sorrily ~rs St~h dates b ~ng with hffi~s ~l~rs ~ob fitlos 2, 3. 4. S, ~ ~~s (N~ Relatives1 ~" 1, N~f ~dreoas R~ ~ngs · ' 2. Nee ~ssss Hw ~ngs. Y~: Sa~s ~an Savings ..... Checking. ~ Lia~ blw 3 ~di~Lonal CredL~ b~erencess ~ 2. DUO~ ~UdFA~ CLtys ~ 3, CLtys Page I of ? Iq~?lLo~r~'e 1Ires Io~Lal ~e~rL~y X~rs ,~ ~ess: g~ Cl~ STA~ ZIP TE~PHONE I M~ ~1~ ~ ~al all of ~ s~r~e of X m m t~t ~ lea~ ~, mt~ or fail to r~ ~ ass~s or fo~s of tncs fr~ ~s~s, ~D, ~e, real ~y ren~, sale or ~ership is a fraudulen~ a~ ~ntshable ~ ~. ~1~ falsifyi~ info~tl~ ~ this fen is cause fog refusal of Z ~e~ ae~ify t~ ~his will ~ ~ ~mnent residence and the= I have no ~her assis~ ~Z ~R~ t~t ~tl/nf~ is for the ~le of ~tng ~ an~aX ~~ ~ ~aILfLoB~L~ to ~ an affo~Ze ~stng untO. Z u~eretand tha~ Z ~ ~Lr~ to ~rr~r ~ ~rlhtp or rLghte or ela~ ;fly, ~nlLonm or eapLtaX giLAIt a~lLcant ~n~ r~ ~n~ rr~en~ ~ce/~ of p~ ~ei~ of W~s/lal~ $. S $ $ W~'l ~nsat/~ I. t I, $. , Welf~ S I t. $ ~: ~tal S~rtty OLeOfifty $ $. t lu~lwtal SsZ $. I $ rmtly ~s/stance I. $ $. lelf-~l~n~ hathsee, *"*~ PrLva~e Insurance Pension $ I S Please a~ach Xts~ of aXX ~her e~rces of Lncm fo~ enttre ~ee~Xd. T~ VX~TFICaTIOa SIRS ax~rgsT~ MaY TAXI DZB~ZFZ~TX~ ~R ~ IN AF~ABLE HOUSING UNIT. .o. 065'..181 Page 2 of 7 ~111 ~ ~ It~ C~ty Irate Z~p ~ '- ~., .. . ' Z ~e~ augho~Lse the welesee ef Ln~om~Lon ~;e~ ~ .. ~ ~ ~a ) " ~1 ~ ~ ~ offLoLal meal thle day of ,~ 1993, ,~l~e~ Ve~L~at~s " ~A~Le~'I ~le ~a~ Z~ o~ ~te Of tayt S ~hly ~aZly lu~nLsoV :' ~S ~ ~ a~ official seal this , day O~ , 1993. ~ ~o~a~ PaVe 3 of 7 hereb~ vettry that the federal tnc~x~e tax rgu~n ~ ~ . A~ltc~t '~ m LB a ~ ~ ~ ~ of t~ ~u~ fLl~ ~ m f~ . ~ ( Year ~~ ) ) me. ~ ~ m R~I~ Nform m ~ . ~-~l ~ ~ ~ o~f~c~al meal th~m , day of ~'~ ~.. ~" ~ ~ -,, It~ cLty State lip. '- Z ~re~ aut~Lze t~ ~Xeaee of LnEo~tL~ a~lican~ ~~mm) ~, ~l ~ ~ m~ o~LoLal meal thLs , day of , 1993. ~ Cmms.tss.!.~m/x'plress ~.,. ~. ,, A~ILo~'B O~ss ~al Z~ or hie of Payt I. ~t of ~s, TL~, or ~her ~nsmt/~ hceiv~s t. t. ,,, . ~hly ~slly '~ :~'~'_-_~ :-+ ) ,,.. ~ll ~ hand and o~lolll lea1 this day of ~ 1993. Not~ hbllo ' ;' lave 5 ol 7 Appendix l, ZxhJ. bLt a _AFrCmOABLE !.TOf~S:rN(] APPL:CAN'F YNCOME TAZ ~ IPOR BACH OCC~FPANT WHO HAl TZLID AIID WILZ, OCCUP~ 'IHB AI'J'OJ~ABLB UNZT. ;! ~: Z hereby vefi~y tha~ the fede:aX An~xm tax ~eturn · . ' Co-f chant: *me LI · ·rut and correc~ copy of the re~urn ILIad by me re: · ~ ran oF FLDi1:DA ) ) as. ' 'TBB/OJlX0OZJlO ,s ,~1~ ~fore m ...... · ~1 ~ ~ m~ offLa~ml oo81 thLe , d~ of ; 1993, , :~' .,. .. 065 185 ',, ,' Page 6 Al~:,endLx I, IxhLbLt C f~ ~ ~t ~Lf~at~. I ce~Lfy ~ha~ the Lnfo~ton pr~td~ tn the ~el~i~ a~ltcatt~ f~ Xffor~le ~,tng gnt~ a~ In the AlloWable R~si~ ~ltcan~ Z~ Vfftftca~ ts the a~ ~l~e eo the ~s~ of ~ ~Z~ge and ~ltef. udffst~ that tf Z fu~tsh false ov tnc~lete tnfo~tt~ ~ ~ a~ltcatt~, tncm ~",:Lftcat~ ~ ~ ee~tf/cat/~ fom that Florida 1~ and ~lltev ~nty Ordinance ~o. 9~S9 ~t~ fff a f~ of ~ eo tS~-O0 pf violate, or ~tsomnt up to SO days. o= ~h, ~ t~t Z will ~ v~tv~ to vacate t~ allowable untO. undet~ tha~ changes tn ~ tncm ~tch uy aff~ ~ ~altftca~ton am a tenant elLg~le an affable v~tal unit tn this d~el~nt met ~ ~ ~ the pa~y ve~ns~le u~fna~ t~t ~ ~m msz M ,ftft~ a~ c~tft~ each pat u~ ~nwal of ~ lease that fitlu~ ~ a~1~0 an~al tn~ ,rtftaatt~ a~ tn~ ce~tttaatt~ vAIl re~tre vaaatt~ ot t~ a~otd~la unto. TZlMIT Da~e ) ~.Z- ' . !~ .~ ' WITIgll my hand and offLctal seal thtl day of , 1993, ~. +:. . .... . ~'.  " ' 'Date ' ' .'~ .~ ) me · TIll fOIIIQOZI~ warn m¢~%~9~ ~o:m ~ ~ . ;:, ~l ~ ~ ~ o~ftcLal meal thLm day of , 1993. Page 7 of 7 Ai;~sndix C De~elq~ex: Application ro= A~o:d~le ~sZn~ Density Bonus , ~r~an~ to the forefronts of the Collier C~nty A~f~dable R~sLng Density Bonus ~dtnance No. 90-89, Beaten 6.4, please '~ c~l~e ~ls fo~ and ~i~ i~ with any acc~anying do~menta- tl~ to ~e D~el~enC Se~ices Dire~or, 2800 Noah Horseshoe ~lve, Naples, Florida 33942. A co~ ~st also ~ provided to the 1. Pl~se s~te ~at z~ng d~str~s are pro~sed ~ the a~l~t, ~f a~, on the prope~y and ~e a~eage of each~ unl~s/a~e. ~a~ ~. ~a~o~ ~kes ~. 4 dwellin~ units/a~e. 2. ~s an a~l~cat~on f~ rezon~ng ~en re~ested ~n conJun~on w~ ~e affable h~ density If yes, s~te date of a~l~cat~on W~. 2. 1~93 and ~f ~e r~est has ~en a~, s~te ~e ~dt~nce mr , 3.~ross densit~ of ~e prosed devel~ent. ~ ~s/a~e. Gross a~eage of ~e ~osed d~el~ent. ~ a~es. 4. ~e aff~dable h~s~ng density ~s ~ts s~ght ~n ~J~on w~th an a~l~cat~on for a pla~ed ~t devel~ent (~) ? X Yes No. ~ D~~ ~ If yes, please s~te name and l~ati~ of ~e ~ and any o~er once f~ side of Marie Roa~ aDDroxima~elv ~-~/2 miles West Santa Bar~ra Boulevard. 5. Nue of applicant L~W~D ~S D~~,. Name of lan~ developer i[ not the same as a~licant ~. Jaek ~ee~n. PresiQe~ Develope~ Xppl~eation Fez X£~ozdable !Xous~nf Density Bonue 6, PI~R ~l~e ~e foll~n~ ~bles as ~sed d~el~nt, ~ ~ee h~ 207 :~' ':* ~ , 207 ~ XZ hhet Of Xffotdabls ~s~n~ To~l ~r o~ ~sed Use A~dable ~its Density ~s in D~el~ent . L 3 Sedr~ 42 Appendix C Developer X~plication For XZror~able !rousing Density Bonus TABLB lZ Coontinned) T~I X~r o~ ~sed Use ~or AZZ~hblo Units Density Bonus In ~vel~ent Units ZZZicien~ 3 ~~ 7. Please provide a physical description o£ the a£Zordable units by type of unit (low or very low income) and by rambar of bedrooms. Include in your description, for example, the square Zoorage each type of unit, floor coverings used throughout the unit (carpetira/# tile, vinyl flooring)~ window treatments~ appliances provided such as washer/dryer, dishwasher, stove, reZrigerator~ bathroom amenAtlas, such as ceiling exhaust fausy and any other mnities 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 develolment. Attach additional pages. FOR ITINS 7 AND 8, P~ZXSv- BEE ATTACHED ';, Page 3 of 3 COr~ OF COLLTER ) X, ~Z6HT ~. BROC~, Clerk o~ C~rtm in and ~oP the ~ntie~h ~udAcial Circle, Collier C~ty, Florida, do here~ certify ~hm~ ~he ~oregoing is a t~e c~ o~ OrdJn~ce No. 94-11 ~ich ~m adopted ~ ~he ~mrd o~ C~W Copiesloners on the 8~h day o~ March, 1994, during Xe~la~ Session. ~S5 ~ h~d ~d the o~icial fieel o~ ~he Board C~W Couissioners of Collier Co~ty, Florida, this 14~h ~ o~ ~rch, 1994. ;, 191 '