Backup Documents 10/13/2015 Item #11A ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j A
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Jennifer A. Belpedio, ACA County Attorney Office
2. BCC Office Board of County
Commissioners /k/ �a �S
3. Minutes and Records Clerk of Court's Office
f� (q12?-f c5 3'18pM
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Gino Santabar ara Phone Number 239-252-2399 /
Contact/ Department
Agenda Date Item was 10.13.15 • Agenda Item Number ^
Approved by the BCC ` 1�t
Type of Document Affordable Housing Agreement Number of Original 3
Attached Documents Attached
PO number or account \ca,S e. c c G�‘r\o cor'
number if document is ���\ � ` �-
to be recorded Kce SL)hr� c> b'p ,r +17
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. itial) Applicable)
1. Does the document require the chairman's original signatur 9 Si4%1M 1 d�4
2. Does the document need to be sent to another agency for additio signatures? If yes N/A
provide the Contact Information(Name;Agency;Address;Phone)on-an-attached-Meet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be GS
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's Cy,
Office and all other parties except the BCC Chairman and the Clerk to the Board �J,
5. The Chairman's signature line date has been entered as the date of BCC approval of the GS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's GS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip GS
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10.13.15 and all changes made during GS
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
4 V" of,La 1-"1 a c f
%Ct---13
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 1 A
MEMORANDUM
Date: December 28, 2015
To: in
G o Santabarbara, Grants Coordinator
Public Services Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: An Agreement between Lord's Way Apartments, LLC and Collier
County Board of County Commissioners providing that a certain
number of housing units constructed on Lord's Way RPUD property,
located 1/2 mile north of Rattlesnake Hammock Road on Collier
Boulevard, will be made available to Essential Services Personnel
Attached you will find two (2) copies of the agreement referenced above, (Item #11A)
approved by the Board of County Commissioners on October 13, 2015.
The original agreement, recorded in OR Book 5224 on Pages 3246-3266, will be held
in the Minutes and Records Department for the Board's Official Record.
If you have any questions please feel free to contact me at 252-8406.
Thank you.
Attachment (2)
INSTR 5207835 OR 5224 PG 3246 1 1 A
RECORDED 12/17/2015 4:38 PM PAGES 21
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$180.00
AGREEMENT CONFIRMING ESP HOUSING
DENSITY BONUS AND IMPOSING COVENANTS
AND RESTRICTIONS ON REAL PROPERTY e
This AGREEMENT is made of the 1 3 }1' day of f c,- -L 2015 by and
between Lord's Way Apartments, LLC (the "Developer") and the Collier County Board of
County Commissioners (the "Commission"), collectively, the "Parties".
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a
maximum of 296 multi-family units on the Property.
B. The Property is located within Collier Boulevard Community Facility Sub-district
within the Future Land Use Element of the Growth Management Plan (the "GMP").
C. Pursuant to Collier County Ordinance No. 08-41, the Property is zoned First
Assembly Ministries Education and Rehabilitation Campus MPUD (the "PUD").
D. This Agreement is not intended to supersede or otherwise replace the PUD terms.
NOW, THEREFORE, in consideration of the approval and grant of the density set forth
in the GMP and PUD, 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. The above Recitals are true and correct and are incorporated herein by reference.
2. The Developer agrees that a minimum of 147 ESP housing units will be
constructed within the project and as they become available will be offered for rent first to
Essential Service Personnel (ESP) persons involved in providing essential services in Collier
County, as defined as follows: Those individuals employed in the community as teachers,
educators, other school district employees, community college and university employees, police
and fire personnel, health care personnel, skilled building trades personnel (as listed in the U.S.
Department of Labor, General Decision No. FL 150012, dated 3/20/2015, for building
construction in Collier County, Florida, identified as Exhibit "B" as may be amended or
superseded from time to time), and government employees. A minimum of 35 of the 147 units
shall be offered for those earning no more than 150% of the median income of Collier County
and a minimum of 25 of the 147 units shall be offered for those earning no more than 80% of the
[15-G RC-00429/1209651/1]
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median income of Collier County. The remaining 87 ESP units may be provided for those
earning any level of income. The minimum timeframe for rental lease agreements for all unit
types shall be seven months.
3. In an effort to attract ESP renters, the Developer will provide written notification
at a minimum to Collier County and its Constitutional Officers, the Collier County School
District, all local hospitals, City of Naples City of Marco Island, Everglades City„ and all
independent fire districts that ESP units are available to be rented and will be set aside for the
applicable period described below. Any printed advertising for the development shall identify
the project prioritizes units for ESP.
4. The period of time that the rental unit will be reserved and advertised first for ESP
persons or persons within the income categories identified in Exhibit "C" will be a minimum of
45 days from the date the unit is first advertised for rent and 30 days thereafter when a unit is
offered for rent due to a projected or actual vacancy. If an ESP or income qualified renter is not
committed to a lease within the initial 45 day, or subsequent 30 day period, the unit may be
offered for rent to a non ESP renter. The Developer will notify the Community and Human
Services Division 45 days prior to the initial availability of the units in order for Community and
Human Services to also contact the entities named in 3. above.
5. The restriction to provide units first to ESP renters shall remain in effect for 15
years. As units become available, the Developer shall first offer units to qualified renters, either
ESP or income restricted ESP, whichever applicable, until the number of units described in
paragraph 2 are maintained, in order to satisfy the terms of this Agreement.
6. The following provisions shall be applicable to the ESP Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
Land Development Code (LDC) or in Ordinance No. 08-41, the definitions of the LDC will
control when applying or interpreting this Agreement.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall
be the then current median income for the Naples Metropolitan Statistical Area, established
periodically by HUD and published in the Federal Register, as adjusted for family size as shown
on the tables attached hereto as Exhibit "C", which Exhibit shall be adjusted from time to time
in accordance with any adjustments that are authorized by HUD or any successor agency. In the
[15-GRC-00429/1209651/1]
11A
event that HUD ceases to publish an established median income as aforesaid, the Parties hereto
shall mutually agree to another reasonable and comparable method of computing adjustments in
median Income.
7. Qualification Process. The Developer shall be responsible for qualifying tenants
by accepting applications, verifying income and obtaining income certification for all income
restricted ESP units in the subject development per procedures approved by the County which
are described below.
(a) Application. A potential renter shall apply to the Developer, owner,
manager, or agent to qualify for the purpose of renting a unit and occupying a unit pursuant to
this Agreement. The Application form is Exhibit "D", attached to this Agreement and
incorporated by reference herein.
(b) Income Verification and Certification. No income restricted ESP housing
unit in the development shall be rented to an individual or family whose household income has
not been verified and certified in accordance with this Agreement.
(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 return for the
potential occupants (including the entire household) may be used for the purpose of income
verification, attached to the ESP Housing Applicant Income Verification form, including a
statement to release information, occupant verification of the return, and a signature block with
the date of application. The verification shall be valid for up to one hundred eighty (180) days
prior to occupancy. Upon expiration of the 180 day period, the information must be verbally
updated from the original sources for an additional 30 days, provided it has been documented in
writing by the person preparing the original verification. After this time, or if the person
preparing the original verification is no longer employed with the organization, a new
verification form must be completed. The ESP Housing Applicant Income Verification form is
Exhibit "E", attached to this Agreement and incorporated by reference herein.
(d) Income Certification. Upon receipt of the Preliminary Application for ESP
Housing Unit and ESP Housing Applicant Income Verification form, the Developer shall require
that an income certification form be executed by the potential occupant (including the entire
household) prior to occupancy of the ESP housing unit by the occupant. Income certification
[15-GRC-00429/1209651/1]
11A I
shall assure that the potential occupant has an appropriate household income which qualities the
potential occupant as an eligible family to occupy an income restricted ESP unit. The ESP
Housing Applicant Income Certification form is attached to this Agreement as Exhibit "F".
8. Inspection. Random inspection of files containing required documentation to
verify occupancy in accordance with this Agreement may be conducted by the Community and
Human Services Division upon reasonable notice.
9. Annual Progress and Monitoring Report. The Developer shall provide an annual
PUD Monitoring Report to the Community and Human Services Division regarding the rental of
units to ESPs throughout the period of their construction and occupancy. The annual progress
and monitoring report shall, at a minimum, provide any information reasonably required to
insure compliance with this Agreement. The report shall be filed on or before September 30 of
each year and the report shall be submitted by the Developer to the Community and Human
Services Division. Failure to complete and submit the monitoring report to the County within
sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day
unless a written extension not to exceed thirty (30) days is requested prior to expiration of the
sixty (60) day submission deadline. No more than one such extension may be granted in a single
year.
10. Occupancy Restrictions. No Affordable Workforce Unit in any building or
structure on the Property shall be occupied by the Developer, any person related to or affiliated
with the Developer, or by a resident manager.
11. Violations. It shall be a violation of this Agreement to rent or occupy, or
attempt to rent or occupy, an ESP unit except as specifically permitted by the terms of this
Agreement; or to knowingly give false or misleading information with respect to any information
required or requested by the Community and Human Services Division or by any other person(s)
within the County. Collier County or its designee shall have full power to enforce the terms of
this Agreement. The method of enforcement for a breach or violation of this Agreement shall be
at the option of the Commission by criminal enforcement pursuant to the provisions of Section
125.69,Florida Statutes, or by civil enforcement as allowed by law.
12. Certificate of Occupancy. In the event that the Developer fails to maintain the
ESP units in accordance with this Agreement, as amended, at the option of the Commission,
building permits or certificates of occupancy, as applicable, may be withheld for any future
[15-GRC-00429/1209651/1]
11A
planned or otherwise approved unit located or to be located upon the Property until the entire
project is in full compliance with this Agreement, as amended.
13. Assignment by Commission. The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Property provided that it gives the Developer thirty (30) days advance written notice thereof.
The Developer may 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. The Developer shall provide an executed Assignment of
Agreement Confirming ESP Housing Density Bonus and Imposing Covenants and Restrictions
on Real Property, in substantially the form attached to this Agreement as Exhibit "G", to the
County of the assignment to a successor in interest to the property and shall be relieved of any
further obligations under this Agreement. The written notice to the County shall include the
successor's acknowledgment that it is bound by the terms of this Agreement and is effective
when written notice is given to the County. Assignment of Agreement Confirming ESP Housing
Density Bonus and Imposing Covenants and Restrictions on Real Property shall be recorded at
Developer's expense in the official records of Collier County, Florida
14. Severability. If any section, phrase, sentence or portion of this Agreement is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and all other provisions shall
remain effective and binding on the Parties.
15. Notice. Any notices desired or required to be given under this Agreement shall be
in writing and shall either be personally delivered or shall be sent by email, mail, postage
prepaid, to the Parties at the following addresses:
a. Collier County Community and
Human Services Division
3339 Tamiami Trail East, Suite 211
Naples, Florida 34112
b. Lord's Way Apartments, LLC
c/o David E. Torres
7742 Alico Road
Ft. Myers, Florida 33912
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.
[15-G R C-00429/1209651/1
11A
16. Authority to Monitor. The Parties hereto acknowledge that the Collier County
Community and Human Services Division or its designee, shall have the authority to monitor
and enforce the Developer's obligations hereunder.
17. Indemnify. The Developer hereby agrees to protect, defend, 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 attorney's fees and all costs of litigation and judgments arising out of any
claim, willful misconduct or negligent act, error or omission, or liability of any kind by
Developer, its agents or employees, arising out of or incidental to the performance of this
Agreement.
18. 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 the date that is fifteen years from the date of issuance of the
Certificate of Occupancy for the 147th residential unit in the project. However, the Parties agree
that if Developer transfers or conveys the Property to another person or entity, Developer shall
have no further obligation hereunder and any person seeking to enforce the terms hereof shall
look solely to Developer's successor in interest for the performance of said obligations.
19. Recording. This Agreement shall be recorded at Developer's expense in the official
records of Collier County, Florida.
20. Entire Agreement. The Parties hereto agree that this Agreement constitutes the
entire Agreement between the Parties hereto and shall inure to and be binding upon their
respective heirs, successors, and assigns.
21. Termination. The minimum number of affordable ESP housing units for sale or
rent shall be deed restricted to remain and be maintained as the required affordable ESP housing
for a period of fifteen (15) years from the date of the last Certificate of Occupancy of the last
ESP unit constructed.
22. Modification. This Agreement shall be modified or amended only by the written
agreement of both Parties.
23. Discrimination.
[15-GRC-00429/1209651/11
11A
a. The Developer agrees that neither it nor its agents shall discriminate against any
renter or potential renter because of said owners race, color, religion, sex, national origin,
familial status, or handicap.
b. When the Developer advertises, rents or maintains the ESP housing units, it
must advertise sell, rent and maintain the same in a non-discriminatory manner and shall make
available any relevant information to any person who is interested in renting such ESP housing
unit.
c. The Developer agrees to be responsible for payment of any real estate
commissions and fees for which it is liable in the rental of ESP units.
d. The ESP housing units shall be intermixed with, and not segregated from, the
market rate dwelling units in the development.
e. The square footage, construction and design of the ESP housing units shall be
the same as market rate dwelling units in the development. All physical amenities in the
dwelling units shall be the same for market rate units and ESP units. For developments where
construction takes place in more than one phase, all physical amenities shall be the same in both
the market rate units and the 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 are the same within each and provided that in no event may a
market rate unit or affordable unit in any phase contain different physical amenities.
24. Phasing. No more than 57 market rate dwelling units shall be constructed prior
to the construction of all affordable-workforce housing dwelling units.
25. Disclosure. The developer shall not disclose to persons, other than the potential
renter of the particular ESP housing unit or units, which units in the development are
designated as ESP housing units.
26. ESP Housing Agreement. This Agreement is distinct and separate agreement
from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended.
27. Consistency. This Agreement and authorized development shall be consistent
with the Growth Management Plan and the Land Development Code Regulations of Collier
[15-GRC-00429/1209651/1]
11i
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 ESP housing units and the amount of ESP housing density bonus
approved for the development
28. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
29. Further Assurances. The Parties hereto shall execute and deliver, in recordable
form if necessary, any and all documents, certificates, instruments, and agreements which may
be reasonably required in order to effectuate the intent of the Agreement. Such documents shall
include but not be limited to any document requested by the Developer to exhibit that this
Agreement has terminated in accordance with the provisions of this Agreement.
30. Conflicts. To the extent this Agreement conflicts with the PUD, the PUD shall
control.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their appropriate officials, as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA
By i.1 1' B . i� �.....
• ���, l �� y'
Attest as : Mit', an'g Deputy ClerkTIM NANCE , Chairman
signature.only.,
WITNESSES -"
Lord's Way Apartments,, LLC
(- {- A Florida i te./ ia,i.rt CorP,y .tion
' ' t -1e: ��LC -.11C By: ..
Print e: ��\A tC�SA ,�t�.e
J
STATE OF FLORIDA
COUNTY OF fc e
1
[15-GRC-00429/1209651/1]
C'
I
11
The foregoing instrument was acknowledged before me this cg--?.g day of
C,-r-)fir,- , 2015, by ' Cf C 7 iY 'a r .r-r ,r of
_ _ _ Pt A. !.....a.; -L-C-, w0 e_ 's [�]personally knowir'to me, or [ ]
has produced driver's license no. as identification.
0,'kve. Notary Public State of Florida NO ' 'Y PUBLIC v
Maritza Aguiar �(SE L MCmiName: 1 tL S (,V1LIJaY
ray expires 12/06f201/ (Type or Print)
My Commission Expires: 1 2I S I t
Approved as to form and legality:
Jennife . Belpedio,Qsistant County Attorney �6)
05)
(15-G RC-00429/1209651/1)
1
EXHIBIT A
A parcel of land located in a p4rroot';ot'Sestlon14, btpSonth, Range 26 East, Collier
County,Florida,being more perticulhriy�dei; Sws.
Commence at the Northwest Corner of Section 14, Township 50 South, Range 26 East, Collier
County,Florida;thence run S.00°49112"W.,slang the West Line of the Northwest Quarter of said
Section 14, for a distance of 1,338.98 feet to a point on the North Line of the South Half of the
Northwest Quarter of said Section 14;thence run N.87°28'39"E.,along the North Line of the South
Half of the Northwest Quarter of said Section 14, for a distance of 1,593.26 feet to the Point of
Beginning of the Parcel of Land herein described;thence Sontinue N.87°2$'39"E., along the North
Line of the South Half of the Northwest Quarter of said Section 14,for a distance of 745.63 feet to a
point on the East Line of the West Half of the East Half of the Southeast Quarter of the Northwest
Quarter of said Section 14; thence run S.00°48'18"W., along the East Lint of the West Half of the
East Half of the Southeast Quarter of the Northwest Quarter of said Section 14,for a distance of
1,341.33,feet to a point on the South Line of the Northwest Quarter of said Section 14; thence run
S.87°31'147W., along the South Line of the Northwest Quarter of said Section 14,for a distance of
883.82 feet;thence run N.00°48'13"E.,fora distance of 213.59 feet;thence run N.22°19'04"W.,for a
distance of 94.95 feet; thence run N.00°18'59"e., for a distance of 216.38 feet; thence run
N.87°28'12" E,for a distance of 172.03 feet;thence run N.66°03'38"E.,for a distance of 117.91 feet,
thence run N.00°32'14"E.,for a distance of 441.42 feet;thence run 5.87°28'12"W.,for a distance of
8031 feet;thence run N.02°31'00"W.,for a distance of 335.86 feet,to the Point of Beginning.
Bearings shown hereon refer to the West line of the Northwest Quarter of Section 14,Township 50
South,Range 26 East,Collier County,Florida as being S.00°49'12"W.
Parcel Identification Number:00418400700
I I
_ _
Ute` '
EXHIBIT
11 A
General Decision Number: FL150012 03/20/2015 FL12
Superseded General Decision Number: FL20140012
State: Florida
Construction Type: Building
County: Collier County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories) .
Note: Executive Order (E0) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis-Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
1 01/09/2015
2 01/23/2015
3 03/06/2015
4 03/20/2015
ELEC0349-005 09/01/2014
Entire County except that portion due west of Broward County
and east of the south southwest corner of Hendry County
Rates Fringes
ELECTRICIAN $ 25.55 8.08
ELEC0728-005 03/01/2015
Remainder of County
Rates Fringes
ELECTRICIAN $ 28.50 10.65
ENG10487-007 07/01/2013
Rates Fringes
OPERATOR: Crane
All Tower Cranes Mobile,
Gw 1
11 ,4
Rail, Climbers, Static-
Mount; All Cranes with
Boom Length 150 Feet &
Over (With or without jib)
Friction, Hydro, Electric
or Otherwise; Cranes 150
Tons & Over; Cranes with 3
Drums (When 3rd drum is
rigged for work) ; Gantry &
Overhead Cranes; Hydro
Cranes Over 25 Tons but
not more than 50 Tons
(Without
Oiler/Apprentice) ;
Hydro/Friction Cranes
without Oiler/Apprentices
when Approved by Union; &
All Type of Flying Cranes;
Boom Truck $ 29.05 8.80
Cranes with Boom Length
Less than 150 Feet (With
or without jib) ; Hydro
Cranes 25 Tons & Under, &
Over 50 Tons (With
Oiler/Apprentice) ; Boom
Truck $ 28.32 8.80
OPERATOR: Mechanic $ 28.32 8.80
OPERATOR: Oiler $ 22.99 8.80
* 1R0N0272-003 02/01/2015
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING AND STRUCTURAL $ 23.76 7.78
PAIN0365-002 08/01/2014
Rates Fringes
PAINTER: Spray $ 15.75 7.88
PLUM0630-003 07/01/2013
Rates Fringes
PIPEFITTER (HVAC Pipe
Installation) $ 26.61 10.45
SHEE0032-003 12/01/2013
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation) $ 23.50 12.18
SUFL2009-008 05/22/2009
L't,r
11 A '�
Rates Fringes
BRICKLAYER $ 18.95 0.00
CARPENTER $ 16.23 3.70
CEMENT MASON/CONCRETE FINISHER $ 13.05 1.49
INSULATOR - PIPE & PIPEWRAPPER $ 13.13 3.03
LABORER: Asphalt Shoveler $ 7.88 0.00
LABORER: Common or General $ 11.79 2.03
LABORER: Concrete Saw (Hand
Held/Walk Behind) $ 12.63 0.00
LABORER: Mason Tender - Brick $ 13.00 0.00
LABORER: Mason Tender -
Cement/Concrete $ 12.83 1.90
LABORER: Pipelayer $ 12.31 1.19
LABORER: Roof Tearoff $ 8.44 0.00
LABORER: Landscape and
Irrigation $ 12.00 0.00
OPERATOR: Asphalt Spreader $ 11.41 0.00
OPERATOR: Backhoe/Excavator $ 11.00 0.00
OPERATOR: Bulldozer $ 15.01 0.00
OPERATOR: Distributor $ 12.37 0.00
OPERATOR: Forklift $ 14.00 0.00
OPERATOR: Grader/Blade $ 13.73 0.00
OPERATOR: Loader $ 13.80 1.79
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete) $ 11.69 0.00
OPERATOR: Pump $ 19.00 0.00
OPERATOR: Roller $ 10.68 0.00
OPERATOR: Screed $ 11.34 0.00
OPERATOR: Tractor $ 9.91 0.00
OPERATOR: Trencher $ 11.75 0.00
C^�
PAINTER: Brush and Roller $ 13.46 0.00
PIPEFITTER, Excludes HVAC
Pipe Installation $ 17.83 0.00
PLUMBER $ 13.58 0.00
ROOFER (Installation of Metal
Roofs Only) $ 14.26 0.59
•
ROOFER, Includes Built Up,
Hot Tar, Modified Bitumen,
Shake & Shingle, Single Ply,
Slate, & Tile Roofs (Excludes
Installation of Metal Roofs) $ 13.92 0.52
SHEET METAL WORKER, Excludes
HVAC Duct Installation $ 18.79 3.21
TILE SETTER $ 14.61 0.00
TRUCK DRIVER: Dump Truck $ 10.00 0.00
TRUCK DRIVER: Lowboy Truck $ 12.09 0.00
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii) ) .
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local) ,
a survey rate (weighted average rate) or a union average rate
(weighted union average rate) .
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
(.1.!!)
1 1 A
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014 .
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
`9
11 A
be:
' an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc. ) that the requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4 . ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
mac_.•
11A
EXHIBIT C
FY 2015 Income Limits Summary
' Median . Persons in Family
FY 2015 Income Income FY 2015 InC°nle
I Limit Area Limit Category 1 2 3 4 5 6 7
Very Low(50%)
Income Limits($) 23,300 26,600 29,950 33,250 35,950 38,600 41,250 43,900
xplathAtitm
Extremely Low
Naples-Marco
SA $66,500 Income Limits($)* 14,000 16,000 20,090 24,250 28,410 32,570 36,730 40,890
Island,FL M
Explanation
Low(80%)Income
Limits($) 37,250 42,600 47,900 53,200 57,500 61,750 66,000 70,250
Explanation
1 1 A
EXHIBIT D
APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired: Date of Application: Amt.of Sec.Deposit:
Your Name: Race/National Origin:Handicap: Yes No
Co-Tenant Name: Race/National Origin:Handicap: Yes_No
Present Address:
Street City State Zip Telephone No.
Name of Landlord: _ How Long at this Address:
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years,please state previous address:
Street City State Zip Telephone No.
APPLICANT:
Present Employers Name:
Address and Telephone No.:
How long with Present Employer: _ Job Title:
Gross Salary:Hourly$ Weekly$ Every 2 Weeks$ Monthly$
Social Security Number:
Previous Employers Name.
Address and Telephone No.:
How long with Previous Employer: Job Title:
CO-TENANT:
Present Employers Name:
Address and Telephone No.:
How long with Present Employer: Job Title:
Gross Salary:Hourly$ Weekly$ Every 2 Weeks$ Monthly$
Social Security Number:
Previous Employers Name:
Address and Telephone No.:
How long with Previous Employer: Job Title:
NAMES OF ALL WHO OCCUPY APARTMENT BIRTH DATE SEX AGE SOCIAL SECURITY
1.
2.
3,
PERSONAL REFERENCE(Not Relatives)
I. Name: Address: How Long Known:
2. Name: Address: How Long Known:
EXHIBIT E
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name: Social Security Number:
Co-Tenant's Name: Social Security Number:
Present Address:
Street City State Zip Telephone No.
I hereby make application for a single family unit at
1 hereby declare and reveal all of my sources of income.
I am aware that to leave out,omit,or fail to report my assets or forms of from income pensions,stocks,bonds,real property rent,sale,or
ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my permanent residence and that I have no other assisted housing.
I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing
unit.I understand that I am not required to surrender my ownership or rights or claimed property,pensions,or capital gains,etc.
Aoellcant Co-Occupant
Amount Frequency Amount Frequency
Received of Pay Received of Pay
Wages/Salary $ $ $ $
Bonuses $ $ $ $
Tips $ $ $ $
Commissions $ $ $ $
Interest Income $ $ $ $
Trust Fund Income $ $ $ $
Unemployment $ $ $ $
Workman's Compensation $ _ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Social Security Disability $ $ $ $
Supplemental SSI $ $ $ $_
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $_
Widows Benefits $ $ $ $
Union Pension $ $ S $
Self-Employment Business,
Silent Partner,etc. $ $ $ $
Private Insurance Pension $ $ _ S $
TOTAL ANNUAL INCOME S $
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN
FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL
HOUSEHOLD INCOME.FAILURE TO REPORT ALL SOURCES OF THE HOUSEHOLD INCOME WILL RESULT IN
DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT.
1 '
EXHIBIT F
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer Job Title:
Address:
Street City State Zip
,hereby authorize the release of the information requested on this certification form.
(Applicant)
Signature of Applicant
STATE OF FLORIDA )
)ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally know to me or has produced as identification.
Witness my hand and official seal this day of 20__
(notary seal)
Notary Public
My Commission Expires:
EMPLOYER CERTIFICATION
Applicant's Gross Annual Income or Rate or Pay:$
Number of Hours Worked(Weekly) . Frequency of Pay:
Amount of Bonuses,Tips,or other Compensation Received: $ $
Monthly Annually
Supervisor
STATE OF FLORIDA )
)ss
COUNTY OF COLLIER)
•
The foregoing was acknowledged before me by
Who is personally know to me or has produced as identification.
Witness my hand and official seal this day of ,20_
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN
FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT.
;f_jI 1
11A
EXHIBIT G
ASSIGNMENT OF AGREEMENT CONFIRMING ESP DENSITY BONUS AND
IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY
THIS Assignment of Agreement Confirming ESP Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property ("Assignment") is made and entered into as of this
day of , 20_, by and between Lord's Way Apartments, LLC ("Assignor")
and ("Assignee").
STATEMENT OF FACTS
A. Assignor heretofore entered into an Agreement Confirming ESP Housing Density Bonus
and Imposing Covenants and Restrictions on Real Property with Collier County on
("Contract"). Assignor wishes to assign the Contract to Assignee and the
parties have entered into this Assignment.
Now therefore, for good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereby agree as follows:
1. The above recitals are true and correct.
2. Assignor hereby sells, assigns, conveys, grants and sets over unto Assignee all of
I'I
Assignor's right,title and interest in and to the Contract.
3. Assignee hereby accepts this assignment of the Contract, and agrees to perform and keep
all terms, conditions, covenants, agreements, liabilities and obligations to be performed
by the Assignor under the Contract. Assignor shall be relieved of any further obligations
under the Contract.
4. This Assignment shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
5. This Assignment shall be governed by and construed under the laws of the State of
Florida.
IN WITNESS WHEREOF, Assignor and Assignee have caused this instrument to be
executed on the date reflected above.
Assignor: Assignee:
Lord's Way Apartments, LLC
By: By:
Print: Print:
Title: Title:
Date: Date: