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Backup Documents 04/26/2016 Item #16D14 (Settlement Agreement) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 160 1 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorn y Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP k W6A S Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is alre4 complete with the exception of the Chairman's signature,draw a line through routing lines#I through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 4/26/16 4. BCC Office Board of County b Commissioners V�/5/ 514 k l 5. Minutes and Records Clerk of Court's Office T 3(14('( 31 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 Kim Grant,C munity and Human 252-6287 Contact/Department Services Agenda Date Item was 4/26/16 Agenda Item Number 16-D-14 f Approved by the BCC Type of Document Settlement Agreement-Bristol Pines Number of Original One Attached - Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signatur Stamp OK JAB 2. Does the document need to be sent to another agency for additiofiatsigtatares? If yes, JAB provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB 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 JAB Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB 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 JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAB 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 4/28/16 and all changes made during the JAB 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 -UM-3 . BCC,all changes directed by the BCC have been made,and the document is ready for e Chairman's signature. 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 16014. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is +h entered into and made on this oe(0 day of , 2016, by and between BRISTOL PINES, LLC (hereinafter referred to as "Developer") and Collier County (hereinafter referred to as the"County"). WITNESSETH: WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 163.3161 Fla. Stat., et, seq. (the Florida Local Government Comprehensive Planning and Land Development Regulation Act) has enacted Ordinance 90-89, entitled the Collier County Affordable Housing Density Bonus Ordinance (the"Ordinance"); and WHEREAS, purpose and intent of the Ordinance is to assist in providing very low, low, and moderate income housing through the use of density bonuses which allow an increase in the number of residential dwelling units per acre allowed on property proposed for development, thereby decreasing the per unit cost of land and development; and WHEREAS, the Ordinance establishes an Affordable Housing Density Bonus Program that provides the process by which a developer may apply for a density bonus and implements this program by requiring that an affordable housing density bonus shall only be available to a developer through an affordable housing density bonus agreement between the developer and County; and WHEREAS, the County and Waterways Joint Venture IV, a Florida general partnership, by and through its general partner, Waterways Development, Inc., entered into that certain agreement entitled "Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property" attached hereto as Exhibit "A" and hereafter, the "Density Bonus Agreement");and 1 INSTR 5262057 OR 5269 PG 3454 RECORDED 5/5/2016 3:28 PM PAGES 29 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$248.00 160 1 4 WHEREAS, the Density Bonus Agreement applies to a 42.6 acre site legally described in the Density Bonus Agreement upon which was planned to be constructed as a multifamily housing project in two Phases with a maximum number of 292 residential units,known as Bristol Pines, Planned Unit Development Ordinance No. 05-64, (hereinafter the "Project"), with 29 affordable housing units required to be constructed, representing 10 percent of the total number of residential Units in the Project and within each phase; and WHEREAS, on Phase I of the Property 156 residential units were constructed with 10 affordable units approved by the County resulting in a shortfall of 6 affordable units;and WHEREAS, on September 13, 2013, Developer acquired title to Phase II of the Project and intends to construct 136 residential units and assume all of the rights and responsibilities set forth in the Density Bonus Agreement; and WHEREAS, a controversy exists between Developer and County over whether the County may require that the short-fall of 6 affordable housing units in Phase I be constructed within Phase II in addition to those 13 affordable housing units required under the terms of the Density Bonus Agreement; and WHEREAS, Developer has requested a waiver from the Code of Laws and Ordinances Section 74-401 (a)(2), that requires that an application for impact deferral for affordable housing units be submitted prior to receiving a building permit; and WHEREAS, Developer and the County, without either party admitting any liability or fault, desires to settle the controversy and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly,known or unknown; and WHEREAS, Developer and the County desire to reduce the settlement to a writing so that it shall be binding upon both parties' respective owners, principals, elected officials, 2 16014 officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses, successors, assigns,heirs and affiliates. NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement, and with the intent to be legally bound, Developer and the County agree as follows: 1. Developer and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses",by reference into this Agreement. 2. Developer must construct 16 affordable housing units within Phase II of the Project. 3. The County waives the requirement of Code of Laws and Ordinances Section 74- 401 (a)(2) related to timing of application submittal and agrees to accept and process impact fee deferral applications for 14 affordable housing units within Phase II. If sufficient funding exists, the County further agrees that it will accept and process impact fee deferrals for the remaining 2 affordable housing units for a maximum total of 16 affordable housing units. Impact fees paid for issuance of a Certificate of Adequate Public Facilities and approval of a Site Development Plan are non-refundable and will not be refunded but applied as a credit to Developer in accordance with Section 74-302(h)of the Code of Laws and Ordinances. 4. Developer agrees as follows: (a)perform all obligations and liabilities in accordance with the terms of the Density Bonus Agreement, whether now or hereafter existing, fixed or contingent; and (b) to be bound by and comply with all covenants, agreements, conditions, restrictions and limitations pursuant to the Density Bonus Agreement, and including the representations and warranties set forth in the Density Bonus Agreement, including, without limitation,the restrictions concerning the operation of the Project and the transferring of multifamily units therein. The Developer hereby assumes all liabilities and other obligations of the Density 3 e 16014 : Bonus Agreement and Bristol Pines, Planned Unit Development Ordinance No. 05-64, as it may be amended or otherwise modified, except with respect to the number of affordable housing unit as discussed in Paragraph 2 above, and agrees to comply with and be bound by all the covenants, agreements, conditions, representations, warranties, restrictions and limitations contained in, the Density Bonus Agreement. County agrees that the location and size of affordable units which have been constructed in Phase II meet the requirements of the Density Bonus Agreement. 5. In consideration of the resolution of the controversy, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Developer, on behalf its attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, liens, attorney's fees, expenses and obligations of any kind or nature whatsoever that it has asserted related to the Density Bonus Agreement. 6. Notwithstanding anything that may be to the contrary in this Settlement Agreement, Developer and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Settlement Agreement. 7. Developer and the County acknowledge and agree that this Settlement Agreement is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs,and affiliates. 8. Developer and the County recognize and acknowledge that this Agreement memorializes and states a settlement of disputed claims and nothing in this Agreement shall be 4 16014 construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure,on the part of either Developer or the County. 9. Developer and the County acknowledge and agree that this Agreement is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party was intended to be benefited by the ambiguous provision or language. 10. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 11. In the event of an alleged breach of this Agreement, Developer and the County agree that all underlying causes of action or claims of Developer have been extinguished by this Agreement and that the sole remedy for breach of this Agreement shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Developer and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 12. This Agreement shall be governed by the laws of the State of Florida. 13. Developer shall be solely responsible for the cost of recording of this Settlement Agreement. IN WITNESS WHEREOF, Developer, and the County have signed and sealed this Agreement and Release as set forth below. 5 16014 . AS TO COUNTY: ATTES"i', "'. 1, ; DWIGHT E. BROCK;..Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA e B 1iaiT .--43\Att I, Attest Atte:Cha_iri an De`out DONNA FIALA, Chairman ignature only. Approved as to form and 1- .ality: �c 1 ' ..�.__._.._� Jennifer B 1pedio \C Assistant County Atto c25('" a AS TO DEVELOPER: Bristol Pines,I,LC.s,a Florida limited liability company By:Jeffrey E.Sobel Revocable Li g Trust UAD July 24, 1998,as amended Its:Managing Mg, ser .....) (By: effrey E.Sobel,Trustee /' STATE OF FLORIDA COUNTY OF Palm Beach Sworn to (or affirmed) and subscribed before me this day of April , 2016, by Jeffrey E. Sobel , who is (x ) personally known to me or ( ) produced as identification. / 2 ¶ . � .—r ` M; ► _ !'Public- S ee of Florida) Lourdes Lopez (Print, Type, or Stamp :,,unFs eaPEz Commissioned Name of Notary Public) A.,, .1 : Notary P,olic Sialy of Honda My Comrn Expires Nov 29,2016 , '"* ,, Commission # EE 850247 Commissioner Expires 11/29/16 6 ®' 160 1 4 EXHIBIT Prepared by: Patrick G.Whit Asst.Collier County Att'y. 3301 Tamiami Trial East Naples,FL 34112 This space for recording AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the day of , 2005, by and between Waterways Joint Venture IV, p Florida general partnership(the "Developer")and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein(The"Property"). It is the Developers intent to construct a maximum of two hundred ninety two (292) residential units (the "Units") at a density of 6.85 units per gross acre on the Property. The gross acreage of Property is 42.6 acres. The number of affordable Units constructed by Developer shall be 22, representing 10 percent of the total number of residential Units in the development. B. In order to construct the Units,the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land Development Code (LDC)§ 2.06.00 et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of one hundred twenty one (121)bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. Page 1 of 22 Rev 7/8/2005 oil 16014 NOW, THEREFORE, in consideration of the approval and grant of the density bonus of 2.85 units per acre requested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct thirty (301 affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A& B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.06.04 "Phasing" shall mean: (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (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 Appendix A,Exhibit C,which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized • by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eliaibllity and Qualification of Owner. Family Income eligibility is a three- step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of Income (moderate Income) in accordance with this Section; 3)certification of eligible Owner by the Financial Administration and Housing Page 2 of 22 j,µJ 16014 Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for all affordable units in the subject development. All applications,forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department.Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program in LDC §§ 2.06.05 and 2.06.06, respectively. (a) Application. A potential owner shall apply to the developer,owner, manager, or agent to qualify as a low income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC§2.06.05. (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 Affordable 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 may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification, Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an Income certification form be executed by the potential occupant(including the entire household)prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an Page 3 of 22 Ji 16014 appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.06.00, may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitoring Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with LDC § 2.06.00, or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department 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. (5) Occupancy Restrictions, No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer,or by a resident manager. 3. Density Bonus, The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of four(4) units per acre, and is therefore granted a density bonus of 2.85 density bonus units per acre,for a total density(total =density bonus units per acre X • gross acreage) of 6.85 units/ac, pursuant to LDC § 2.06.00 The Commission further agrees that the Developer may construct thereon, In the aggregate a maximum number of two hundred ninety two (292) units on the Property provided the Developer is able to secure building permit(s)from Collier County. Page 4 of 22 rryx 160 1 4 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successors)covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC§2.06.00 to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement: or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC §2.06.00 Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a 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 Board Proceedings. Whenever it is determined that there is a violation of this Agreement or of LDC§ 2.06.00, that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. Mall, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.06.00, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC§2.06.00,as amended. 6. Asslonment by Commission, The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that It gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor In interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in Interest to the Property without the Page 5 of 22 ti�,� 16 014 express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of 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. 8. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid,to the Parties at the following addresses: To the Commission: , Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples,Florida 34104 To the Developer: Waterways Joint Venture IV 914 Grand Rapids Boulevard Naples,FL 34120 Attention:Richard Davenport With copy to: Richard D.Yovanovich, Esquire Goodlette,Coleman&Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor.The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. 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 made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. Page 6 of 22 �`� 160 1 4 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. 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. 12. Recording. This Agreement shall be recorded at County's expense in the official records of Collier County, Florida. 13. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC§2.06.04. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin,familial status,or handicap. b. When the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable 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 purchase and sale of affordable units. d. The affordable housing units shall be intermixed with, and not segregated from,the market rate dwelling units in the development. e. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in Item number seven (7) of the Page 7 of 22 fl)'I 16014 . Developer Application for Affordable Housing Density Bonus 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 phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasing.The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 10 percent affordable housing units for this project,with IQ percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla.Stat.,as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law, This Agreement shall be governed by and construed in • accordance with the laws of the State of Florida. Page 8 of 22 �(�� 16014 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA Deputy Clerk By: FRED W.COYLE,CHAIRMAN Approved as to form and legal sufficiency: I Patrick G.White Assistant County Attorney Pogo 9 of 22 I", 16014 DEVELOPER: WATERWAYS JOINT VENTURE IV, A Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership its general partner Witnesses: • 1 1� By: Waterways Development, Inc. a Florida corporation Witnessits General Partner Printed Name ).`r;f " toeia `fl 46wt.curie_ By: ,� '' Witness , Richard Davenport, President Printed Name Me CISSA 1.M`Fa✓Iann STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Richard Davenport as President of Waterways Development, Inc. general partner of Waterways at Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is personally known to me or has produced as identification. WITNESS my hand and official seal this a-) day of ,)0...11-x— , 2005. ttp-ka KEG Notary Public My Commission Expires: srEPtWA 1E IEENEY •%, MY COMMISSION1002E3174 • EXP j.1 IRES January 21.2005 ;,.r 9aW.d 7luu WINN RI*UtlwiEM Page 10 of 22 16014 EXHIBIT A BRISTOL PINES LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. TOGETHER WITH: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS tHE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. TOGETHER WITH: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND DRAINAGE. TOGETHER WITH: THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA, EXCEPTING AND RESERVING THEREFROM THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY. TOGETHER WITH: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA,LESS THE EAST 30 FEET THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA; THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35, N.89°58'25"E. FOR 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT,RECORDED IN OFFICIAL RECORDS BOOK 12, PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT,S.02°14'59"E. FOR 30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30.00 FOOT WIDE ROAD RIGHT-OF-WAY,RECORDED IN OFFICIAL RECORDS BOOK 2852, PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,SAID INTERSECTION ALSO BEING THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY,ALSO BEING PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID NORTHWEST 1/4 N.89°58'25"E, FOR 1552.22 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; Page 11 of 22 16014 THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,S.02°15'20"E.FOR 639.40 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 N.89°59'05"E.FOR 330.76 FEET TO THE PLATTED SOUTHWEST CORNER OF GREEN HERON ACRES,AS RECORDED IN PLAT BOOK 22,PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES N.89'58'27"E. FOR 631.07 FEET TO A POINT ON A LINE WHICH IS A 30.00 FOOT WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35; THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT OFFSET LINE S.02°14`19"E. FOR 669.28 FEET TO A PLATTED CORNER OF VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32, PAGES 42 THROUGH 55 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE ALONG A PLATTED LINE OF SAID VANDERBILT COUNTRY CLUB 2, S.89°58'02"W.FOR 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT COUNTRY CLUB 2; THENCE LEAVING SAID PLATTED BOUNDARY LINE, N.02°14'43"W. FOR 669.46 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE ALONG THE SOUTH LINE OF THE SAID SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, S.89°57'59"W. FOR 1221.81 FEET TO A POINT OF INTERSECTION WITH THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT; THENCE ALONG THE SAID EAST LINE OF A 100 FOOT WIDE CANAL EASEMENT N.02°14'59"W A DISTANCE OF 639.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,856,282 SQUARE FEET OR 42.6 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 26 EAST,AS BEING N.89°58'25"E. Page 12 of 22 i 16014 , APPENDIX A.EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60%MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 29 4 Bedroom TOTAL 29' VERY LOW INCOME (50%MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY-VERY LOW INCOME (25%-50%MI) Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL (1) Base residential density allowed in this development units/acre. (2) Gross acreage 42,¢. (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to LDC Section 2.06.00. 2.85 units. (4)Gross residential density of this development(including affordable housing density bonus units) 6.85 units/acre. (5)Percentage of affordable units pledged by the developer(as a percent of the total number units in the development)J.Q%. Page 13 of 22 lei 16011! APPENDIX A,EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for low and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental,single-family or multi-family)and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below,shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very low) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental,single-family or multi-family,where applicable)to be provided,as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A,locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination,Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example,a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of"four" will receive an affordable housing density bonus (AHDB)of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit(based on level of income and number of bedrooms shown in Table A)is proposed for a development,the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B,the affordable housing density bonus for each type of unit shall be added to those for the other type(s)to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight(8)dwelling units per gross acre. Page 14 of 22 rt{ I I 160 14 APPENDIX A,EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A:AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL NUMBER OF BEDROOMS/UNIT OF HOUSEHOLD INCOME EFFICIENCY 2 3 OR AND I _ MORE 80%MI=MODERATE(OWNER-OCCUPIED, 0 1* 1• SINGLE-FAMILY) 60%MI=LOW(OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) 50%MI=VERY LOW(OWNER OCCUPIED OR RENTAL,SINGLE-FAMILY OR MULTI-FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe,add 1 density bonus to obtain 2. TABLE B:AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING %OF AFFORDABLE HOUSING UNITS DENSITY BONUS RATING 10% 20% 30°/Q 026 1 0 0 1 2 2 0 1 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 15 of 22 i;v' 16 0 1 4 APPENDIX A.EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant Chapter 74,Section 74-402(ax 1);Collier County Code of Laws and Ordinances, moderate income is 61%to 80%of the median income,low income is 51%to 60%of the median income and very low income is less than 50%of the median income. MEDIAN INCOME 2005 $63,300 Naples,MSA(Collier County) NUMBER OF MEMBERS IN FAMILY 1 2 4 ¢ 7_ 8_ 80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700 60% 29,340 33,480 37,680 41,880 45,240 48,600 51,960 55,260 50% 24,450 27,900 31,400 34,900 37,700 40,500 43,300 46,050 35% 17,115 19,530 21,980 24,430 26,390 28,350 30,310 32,235 25% 12,225 13,950 15,700 17,450 18,850 20,250 21,650 23,025 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation(FHFC)calculates rents to use in the State Apartment Incentive Loan(SAIL)and the Low-Income Rental Housing Tax Credit(LIHTC)programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30%FAMILY INCOME ONE TWO THREE FOUR BEDROOM BEDROOM BEDROOM BEDROOM UNIT UNIT UNIT UNIT 80% $1,046 $1,256 $1,451 $1,618 60% $785 $942 $1,089 $1,215 ^50% $654 $785 $907 $1,012 35% $458 $549 $635 $708 25% $327 $392 $453 $506 UTILITY ALLOWANCES ONE B/R TWO B/R THREE BIR FOUR B/R LOCATION UNIT UNIT UNIT UNIT Naples and Coastal Collier County 71.00 91.00 128.00 156.00 Immokalee and East of Everglades Blvd. 67.00 106.00 148.00 173.00 Golden Gate 96.00 144.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS, Page 16 of 22 16014 APPENDIX B.EXHIBIT A. PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: Date of Application: Amt.Of Sec.Deposit: Your Name: Race/National Origin:Handicap:Yes_ No_ Co-Tenant Name Race/National Origin:Handicap:Yes_ No Present Address: Street City State Zip Telephone No. Name of Landlord How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years,please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street City State Zip Telephone No. APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly$ Weekly S Every 2 Weeks S Monthly$ Social Security Number Birth Date -- Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Job Title Gross Salary: Hourly S Weekly S Every 2 Weeks$ Monthly S Social Security Number Birth Date Previous Employers Name Address and Telephone No. How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE M( AGE ,SOCIAL SECURITY 1. 2. 3. PERSONAL REFERENCES(Nat Relatives) 1. Name: Address: How Long Known: 2. Name: Address: How Long Known: Page 17 of 22 Rev 7/8/2005 16014 APPENDIX B. EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name:: Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for a single family unit at . I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property,pensions or capital gains,etc. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ • Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ 1 Self-Employment Business, 1 Silent Partner,etc. $ $ $ $ • Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ 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 HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Page 18 of 22 1141 16014 APPENDIX B,EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip I, ,hereby authorize the release of information requested (Applicant) on this certification form. Signature of Applicant • STATE OF FLORIDA ) )ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,2005. (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 known to me or has produced as identification. Witness my hand and official seal this day of ,2005. (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. Page 19 of 22 ',1 160 1 4 APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE ROUSING DENSITY BONUS Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive,Naples,Florida 34104. A copy must also be provided to the Financial Administration and Housing Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant,if any,on the property and the acreage of each; The Developer has made application to rezone the 42.6 acre parcel to Planned Unit Development. 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes No If yes,state date of application May 28,2004, and if the request has been approved,state the Ordinance number 3. Gross density of the proposed development. 6.85 units/acre. Gross acreage of the proposed development. 42.6 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development(PUD)? X Yes No. If yes,please state name and location of the PUD and any other identifying information. Bristol Pines RPUD 5. Name of applicant Waterways Joint Venture IV Name of land developer if not the same as Applicant: 6. Please complete the following tables as they apply to the proposed development. TABLE I Total Number of Units in Development . Type of Owner Unit Rental Occup Efficiency One Bedroom Two Bedroom Three Bedroom 292 Other Bedroom TOTAL 292 Page 20of22 141 16014 TABLE II Number of Affordable Housing Units Total Number of Proposed Use for Affordable Units Density Bonus Units in Development Owner Owner Rental Occupied Rental Occupied MODERATE INCOME 80%MI Efficiency 0 I Bedroom 0 2 Bedroom 0 3 Bedroom 0 Other 0 TOTAL 0 LOW INCOME 60%MI Efficiency 0 1 Bedroom 0 2 Bedroom 0 3 Bedroom 29 29 Other 0 TOTAL 0 VERY LOW INCOME 50%MI Efficiency __IL_ I Bedroom 0 2 Bedroom 3 Bedroom 0 Other 0 TOTAL _ Page 21 of 22 111 16014 7. Please provide a physical description of the affordable units by type of unit(moderate,low,very low income)and by number of bedrooms. Include in your description,for example,the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans;and any other amenities as applicable. Attach additional pages as Exhibit"D"if needed. All homes in Bristol Pines,including the homes reserved for moderate income purchasers,will share many common features: *Solid concrete block construction. *Durable compressed concrete tile roofs. •Desirable concrete paver driveways,walks and entries. *R-19 fiberglass insulation in all attics;R4.2 in exterior walls. *Ceramic tile flooring in all kitchens,baths,and laundry areas. •Carpet over hypoallergenic pads in living and bedroom areas. •European style kitchen cabinets with fully adjustable shelves *Complete kitchen appliances,including&microwave oven,range,refrigerator and disposal *High efficiency air conditioning with strip heat. *Fully landscaped private yards. *Dual sinks in the master bath. *Enclosed toilet/tub in the master bath. *Walk in closet for the master bedroom. *Aluminum framed windows and sliding glass doors. *Metal clad entry door with dead bolt lock. *Strong steel hurricane shutters. *Pre-wiring for cable television,telephone and a digital perimeter security alarm system. The homes reserved for low income purchasers will all be three bedroom,two bath units in four, five and eight unit buildings of one story. The interior units will offer 1,241 square feet of living area and the end units are just slightly larger at 1,253 square feet of air conditioned area. Each home will be owned in fee simple by the purchaser. All of the Bristol Pine town homes will have complete yard service and periodic exterior painting provided for by the Bristol Pines Community Association.The monthly homeowner's fee will also cover the cost of basic cable television service,alarm system monitoring,maintaining the gated entry,common areas and a community clubhouse where residents and guests may swim,play tennis,volleyball,or just relax. The monthly fee has not yet been finally determined,but is anticipated to be approximately$150 per month. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages if needed. None Page 22 of 22 IM� 160 1 4 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-64 Which was adopted by the Board of County Commissioners on the 15th day of November, 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of November, 2005 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Boarda, .00.3 County Commissiongrs,..•••••••. zr„\ • 0_,W44.7211-1: :' .:.:,,„ By: • Ann Jenne ��_ ;••ter 1 jO ri,' z� Deputy Clerk'J_ '•.r. ,��• _