Agenda 01/26/2016 Item #16D11 1/26/2016 16.D.11 .
EXEcUTIVE st'NI NIA RN.
Recommendation to approve the Termination of the Affordable Ilousing Density Bonus Agreement
for the Saddlebrook Village Apartments located on Davis Boulevard, based on the fulfillment of
obligations within the Affordable Housing Density Bonus Agreement for this project.
OBJECTIVE: to release and terminate the AlThrdable Housing Density Bonus Agreement for
the Saddlebrook Village Apartment project.
CONSIDERATIONS: In 1990, the Commission, pursuant to the Comprehensive Plan and its
authorizing statutes, enacted Ordinance 90-89, entitled the Collier County Affordable Housing
Density Bonus Ordinance (the "Ordinance"). In 1997, the Commission and CH/Kensington,
along with another entity, entered into an Affordable Housing Density Bonus Agreement dated
as of December 9, 1997 and recorded in the Official Records of Collier County, Florida at
Official Records Book 2374, Page 2544. The Density Bonus Agreement applies to a 33.79 acre
site legally described in the Density Bonus Agreement upon wvhich was planned to be
constructed a multifamily housing project in two Phases. Phase I being a 140-unit development
known as Saddlebrook Village (hereinafter the "Project"), with Phase Il being the remainder of
the property. CH/Kensington owned only the Phase I portion of the property.
On February 26, 2013. the Commission adopted Resolution 2013-44, approving the assignment
of the Density Bonus Agreement by authorizing the execution and recording of an Assignment
and Assumption of Density Bonus Agreement, which assigned the duties and obligations of the
Density Bonus Agreement to the Current Owner. and, among other things. required the Current
to cure the then-existing County Code violations. The sale of the Project to the Current Owner
was completed on March 8, 2014
The Density Bonus Agreement requires that 80% of the units be rented to persons or families
with income of 60% or less of Area Median Income (AMI) and 20% be rented to persons or
families with income of 50% or less of AMI. The Project received an allocation of low income
housing tax credits from the Florida Housing Finance Corporation ("Florida Housing") and as a
result, compliance with these rental limitations has been continually monitored by Florida
Housing's monitoring agent. A check of the monitoring agent's records indicates the Project is in
compliance with these standards.
The current owner has been able to fulfill all of the required obligations within the Affordable
Housing Density Bonus Agreement which were fully satisfied on March 24. 2015. Therefore the
Affordable housing Density Bonus Agreement is ready for termination.
FISCAL IMPACT: There is no cost to the County for this action. By its terms, the Owner is
responsible for all costs, if any, associated with this transaction. If any expenses are incurred by
the County in processing this transaction, they should be invoiced and forwarded to the Owner.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires
majority vote for approval. -JAB
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GROWTH M %NACI:\IENT IMPACT: Acceptance and implementation of this amendment
will further the Goals, Objectives and Policies %kithin the !lousing Element of the Growth
Management Plan.
RECCOMUIENDATION: That the Board authorizes the Chairman to sign the Termination of
the Affordable housing Density Bonus Agreement attached hereto.
Prepared By Gino Santabarbara. Senior Grant and Housing Coordinator; Community and
human Services
Attachments:
I) Proposed Termination Agreement
2)Original Affordable Housing Density Bonus Agreement
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C OLLTER COUNTY
Baarc' Gr .JJ"`E' Cc m-nt 3icine7s
Item Number: 16.16.D.16.D.11.
Item Summary: Recommendation to approve the Termination of the Affordable Housing
Density Bonus Agreement for the Saddlebrook Village Apartments located on Davis Boulevard,
based on the fulfillment of obligations within the Affordable Housing Density Bonus Agreement
for this project.
Meeting Date: 1/26/2016
Prepared By
Name: SantabarbaraGino
Title: Senior Grants and Housing Coordinator, Community&Human Services
12/29/2015 5:13:53 PM
Submitted by
Title: Senior Grants and Housing Coordinator,Community &Human Services
Name: SantabarbaraGino
12/29/2015 5:13:54 PM
Approved By
Name: KushiEdmond
Title: Accountant, Community &Human Services
Date: 1/5/2016 9:05:48 AM
Name: GrantKimberley
Title: Division Director-Cmnty &Human Svc, Community &Human Services
Date: 1/6/2016 5:18:25 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 1/7/2016 11:34:46 AM
Name: RobinsonErica
Title:Accountant, Senior, Grants Management Office
Date: 1/7/2016 3:42:38 PM
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.1,/
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 1/12/2016 11:56:40 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 1/13/2016 12:00:01 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/15/2016 11:31:26 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 1/15/2016 2:41:14 PM
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renared n aria a e
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TERMINATION OF AFFORDABLE HOUSING
DENSITY BONUS AGREEMENT
This Termination of Affordable Housing Density Bonus Agreement is executed as of
, 2016 by the Board of County Commissioners of Collier County, Florida (the
"Commission") and Saddlebrook Seven LLC, Rach Saddlebrook LLC, and DAFR Saddlebrook
LLC, each a Florida limited liability company, (collectively the "Current Owner").
WHEREAS, the Current Owner is the assignee of that certain Affordable Housing
Density Bonus Agreement dated as of December 9, 1997 as recorded in Official Records Book
2374, Page 2544, as subsequently assigned in Official Records Book 4894, Page 1193, and as
subsequently assigned in Official Records Book 5032, Page 273, all of the Public Records of
Collier County, Florida(the "Affordable Housing Density Bonus Agreement"); and
WHEREAS, the Current Owner, by its execution hereof certifies, represents and
warrants to the Commission that:
a. The teen of the Affordable Housing Density Bonus Agreement as defined therein
ended on March 24, 2015 and all conditions precedent to the Termination of the Affordable
Housing Density Bonus Agreement have been fulfilled.
b. All payments of any amounts due under the Affordable Housing Density Bonus
Agreement are fully paid and all obligations thereunder have been met. There is currently no
default under the Affordable Housing Density Bonus Agreement.
WHEREAS, the Commission has authorized the execution and delivery of this
Termination of Affordable Housing Density Bonus Agreement; and
WHEREAS, by execution of this Termination of Affordable Housing Density Bonus
Agreement by both parties, the Affordable Housing Density Bonus Agreement will be
terminated as of the date of its recording in the Official Records of Collier County, Florida
IN WITNESS WHEREOF, Commission and the Current Owner hereby agree to
terminate the Affordable Housing Density Bonus Agreement.
Page 1 of 5
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[SEAL]
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk , Chairman
Printed Name:
Approved as to form and legality:
Jennifer A. Belpedio o\\
Assistant County Attorney <�
Page 2 of 5
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T - 1
20U.,T_PJ >t`' ,IG N Tr L C. _1)7.-_:i r._ Y.i,
Signed. sealed and delivered SADDLEBROOK SEVEN LLC. a Florida limited
in our presence as witnesses: liability company
Print Name: By:
Name: Soleiman Rabanipour
Title: Manager
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2015, by Soleiman Rabanipour, as Manager of SADDLEBROOK
SEVEN LLC, a Florida limited liability company, on behalf of the company, who ( ) is
personally known to me or ( ) has produced as identification.
Note: If a form of identification is not inserted in the foregoing blank, then the person is
personally known to me.
NOTARY PUBLIC— STATE OF FLORIDA
Print Name:
My Commission Expires:
Page 3 of 5
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Signed, sealed and delivered RACH SADDLEBROOK LLC, a Florida limited
in our presence as witnesses: liability company
Print Name: By:
Name: David Shweky
Title: Manager
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2015, by David Shweky, as Manager of RACH SADDLEBROOK LLC,
a Florida limited liability company, on behalf of the company, who ( ) is personally known to
me or ( ) has produced as identification. Note: If a form of
identification is not inserted in the foregoing blank, then the person is personally known to me.
NOTARY PUBLIC—STATE OF FLORIDA
Print Name:
My Commission Expires:
Page4of5
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7 SIGNATURE PL, r E r. LLC
Signed, sealed and delivered DAFR SADDLEBROOK LLC, a Florida limited
in our presence as witnesses: liability company
Print Name: By:
Name: David Shweky
Title: Manager
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2015, by David Shweky, as Manager of DAFR SADDLEBROOK LLC,
a Florida limited liability company, on behalf of the company, who ( ) is personally known to
me or ( ) has produced as identification. Note: If a form of
identification is not inserted in the foregoing blank, then the person is personally known to me.
NOTARY PUBLIC— STATE OF FLORIDA
Print Name:
My Commission Expires:
Page 5 of 5
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MME 2262326 OE,f 2374 , he'd corm -et
ri4Lt RACOON!) in the OFFICIAL IAMBS of COLLI1t COi!? , Ft KIT: 1,0(
`tICL 01 11/24/97 at 03:17141 DWIGHT 1. 110CE, CLRE
^aR EWM NTT AUTHORIZING tl'Ft 1RDABLE E OUSJNf1
r ,T,S17`7 BONUS LLND IMPOSIN . VENA ""c AN1,,
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THIS- f.S-xf=hi :: , nr s_ L' .
trtweerG CEI/Kenstngtor. Lt k Fiords tiriite' F°ar,.nershif, enc Tion1L Equitie., inc ant
Outreach Housing Corporation and the Collier Coon y Board of County Commissions ;the
"Commission").
RECITALS:
A. The Developer is the Owner or contri'ct purchaser of a tract of real property
described as(complete legal description)the West'/ oi'the Southeast 't/ of Section 34,Township
49 South, Range 26 East, Collier County, Florida lying South of 1-75; less and except the
following: the South 50 feet for Radio Road right-of-vs ay and the East 726.00 feet of the West V
of the Southeast 1/4 of said Section 34(The"Property"`,. The legal and equitable owners include
James R. ,Trustee. It is the Developer's intent to construct a maximum of four hundred thirty-
eight(438)residential units(the"Units")mot-a-density rfthirteen(13) units per gross acre on the
Property. The gross acreage of Prppexty-te 33. 4a es. The number of affordable Units
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constructed by Developer shall see"wo hundred two(202j;,representing forty-six percent (46%)
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t,r of the total number of residential Units in ihe,developrilent.
B. In order to construct the Units, the Developer must obtain a density bonus from the
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" Commission for the Propertyyas provided or in tfr,Colliertqunty Affordable Housing Density
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Bonus Ordinance No. 90 89„which density bonus e i only be`granted by the Commission in
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' accordance with the strict limitahons'o.f said Ordinance ., ,
A Cl
Z C, The Commission is vwiliingto giant a'di-nsity bonus to the Developer authorizing
the construction of two hundred and two (202) bonus Units on the Property, if the Developer
agrees to construct affordable Units as specified in thi; Agreement and the Developer covenants
and agrees to use the affordable units only as rental property.
NOW,THEREFORE, in consideration of the approval and granting of the density bonus
of six(6)units per acre requested by the Developer anti..the benefits conferred thereby on the
Property,and for other good and valuable consideratiou, 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 aid correct and are incorporated herein by
reference.
2. Developer Agreements. The Developt r hereby agrees that it shall construct two
hundred and two(202)affordable Units which Units si:all be rented in accordance with the terms
and conditions of this Agreement and as specified by the attached Appendix A. Exhibit A and
Exhibit B, which Appendix is incorporated by reference herein and constitutes a part of this
Agreement. Units at the Property which are not an affordable Unit("Market-Rate Units")shall
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f-ron- tat nmvistom C tittL 4.47.reement Erg- rontr:L
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on-site management managemi t ass= sttourw mlunttrtarm ari app.:tut:no,.
development and the dwelling Units.
a. The following provisions shall be applicable to the affordable Units:
(1) Definitions. Any and all definitions provided by Ordinance No.
90-89,as amended,are hereby incorporated by reference.
Phrsing shall mean (a)the phasrd construction of buildings or structures
in separate and distinct stages as shown on a PUD nuster 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.
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(2) BaseNkentnotithlY*Se'yent for the affordable Units shall he
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in accordance with the rentaispecified-io_the attached Appendix'A, Exhibit A. The monthly tent
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may be increased each year froth Agreement as long as the rent does not exceed
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one-twelfth (1/12) of 30 percent of an iuriotintili.en represents 50 percent (for very low
income), and 60 percent (fen'loiirincorrieTof h hei al5plicattic inedian adjusted gross annual
income for the household aniublished annually by:41-,-; l4epartment of Housing and Urban
Development f o r the area defin4Cas,the Naples Itt,.etioNlitan Statistical Area (MSAl. The
foregoing notwithstanding, any rerit-charged:foi:laiii-affordable housing unit rented to a low
income or very tow income family shall not exceed 90 percent of the rent charged for a
comparable market rate dwelling in the same or similar development.
(3) Median Income. For thi, 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 fo, 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 Appel dix A, Exhibit C, which Exhibit shall be
adjusted from time to time in accordance with any i.djustments 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 snother reasonable and comparable method
of computing adjustments in median income.
(4) Eligibility and Qualifir.ation of Tenant. Family income eligibility
is a three-step process: 1) submittal of an application by a prospective tenant; 2) verification of
family income; and 3) execution of an income certification form. All three steps shall be
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shall occupy an affordable housink urn, rroviaee untie; Lilt iorruvi: h.cl,usH4 ueres:; noctu
proms.^, prior to being qualified at ine: appropriate ievt 1 of income (tow or very iov,w income; ir;
accordance with this Section,
The Developer shall be responsible for qualifying tenants by accepting applications from
tenants,verifying income and obtaining income certification for all affordable units in the subject
development. All applications,forms and other documentation required by this Agreement shall
be provided to the Housing and Urban Improvement Director. Qualification by the Developer of
any tenant as an eligible tenant family shall be subject to review and approval in accordance with
the monitoring and enforcement program created and t:dopted by Resolution of the Commission.
(a) Application. A potential tenant shall apply to the developer,
owner, manager, or agent to qualify as a low or very low income family for the purpose of
renting and occupying an affordable.housnsg,rpntaLunit pursuant to the affordable housing
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density bonus program. ThePrel3r�inary Appltcatrin''1i�rg Affordable Housing Unit shall be
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provided by the Housing and`UrbanJmpravement Diector'as shown in Appendix B, Exhibit A. .,L`'_,
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attached to this Agreementland 4nco.rporad-by referene herein. I .d
(b) i Income 'Nerrrfcdtiop and Certification. No affordable N
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housing Unit in the developtnenf`s"hall be rented=Io.,a tenant Whose household income has not .sa
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been verified and certified in`accordance with this Agrcemeitrand Ordinance No 90-89, as
amended,as a low or very low i cbnie-family. Tenart.incomeverifcation and certification shall
be repeated annually to assure continfied.e1igibilit}?':;_---
(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, if attached to the Affordable Housing Applicant Income Verification form,
which includes a statement to release information, tenant verification of the return, and a
signature block with the date of application. The verification shall be valid for up to ninety(90)
days prior to occupancy. Upon expiration of the 90 day period,the information may be verbally
updated from the original sources for an additional "i0 days,provided it has been documented by
the person preparing the original verification. After this time, a new verification form must be
completed. The Affordable Housing Applicant income Verification form shall be provided by
the Housing and Urban Improvement Director as sisown in Appendix B, Exhibit B, attached to
this Agreement and incorporated by reference herein.
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pntentiLl tenan! tinciudirT tit entire nousthoid; prier- r rcntai and occupancy c tn afiORiatt.
housing unit by the tenant. Income certification shall assure that the potential occupant has a low
or very low household income which qualifies the potential occupant as an eligible family to rent
and occupy an affordable housing unit under the affordable housing density bonus program. The
Affordable Housing Applicant Income Certification form shall be provided by the Housing and
Urban Improvement Director as shown in Appendix 3, Exhibit C, attached to this Agreement
and incorporated by reference herein.
(e) Rental Agreement. At a minimum, the rental agreement
shall include the following:
(i) name, address, and telephone numbei of the head of household and all other
occupants;
(ii) a description of the unit to_bo-rentod.
(iii) the term of the lease;
(iv) the rental
(v) the use of the premise ;
(vi) monitoring and enforgedidfitprovisiont;including disqualification of tenant;and
(vii) the rights and obl'igado.ris'bithe-parties •-es
Random inspection for Ales_efiritairmw required ocLimat tion to verify occupancy in %J.+
accordance with this Agreenietitand Ordinance No.9:0;89, s atriended,may be conducted by the
Housing and Urban Improvenient Director.
(5) Disqualification-of Teitant-_,Irr the event that tenant qualification is
not subsequently confirmed by the Housing aiiii-Oroan Improvement Director or his designee,
then such tenant shall be required to vacate the dfordable unit. If tenant vacation of the
affordable unit is the result of an error,omission or nisrepresentation made by Developer, tenant
shall vacate the affordable unit within thirty (30) 'lays and Developer shall pay penalties as
provided by the monitoring and enforcement program. If tenant vacation of the affordable unit is
the result of a misrepresentation made by the tenant,tenant shall vacate the affordable unit within
15 days and shall pay penalties as provided by the monitoring and enforcement program. Such
eventuality shall be expressly detailed in the lease agreement between Developer and tenant.
(6) Annual Progress and Monitoring Report. The Developer shall
provide the Housing and Urban Improvement Director an annual progress and monitoring report
regarding the delivery of affordable housing n ntal units throughout the period of their
construction, rental and occupancy. The annual progress and monitoring report shall, at a
minimum, provide any information reasonably required to insure compliance with Ordinance
No.90-89 or subsequent imendments thereto. The report shall be filed on or before September
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jroa mp ;t[e_..r rF 7./re..l.. wit. >t Cs i G£;. it ... .i:. (.at srLL1 resin .
up tc fifty dollar:, (5,56.00) free day uniess r written c+:tenstor no to exceed thirty 30? days
requested prior to expiration of the sixty(60)day submission deadline. No more than one such
extension may be granted in a single year. The progress,and monitoring report shall be in a form
provided by the Housing and Urban Improvement Director.
• (7) Occupancy Restrictions. No Affordable snit in any building or structure on the
Property shall be occup'ed 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 seven (7) units per acre, and is therefore granted a density bonus of six (6) density
bonus units per acre, for a total (tot/al .density honos units per acre X gross acreage) of 202
p.it,... \ ••
density bonus units, pursuant to C1lier-
o� Cb"unty AffoAabf,Dousing Density Bonus Ordinance
No, 90-89, The Commission fu,r er_agr es that the Developer,,may construct thereon, in the as.
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aggregate a maximum number/off 438 ututs on the ProperttproVided the Developer is able to
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secure building permit(s)fromCo'llier aunty ! ``2 "'
4. Commissiot Agreement. Dunng the term;of tlftsAgreement, the Commission
acting through the Housing and` Jrban lmprovemeri('pepartment or its successor(s) covenants
and agrees to prepare and make- m- ailable to the Developer any general information that it
possesses regarding income limttattoris-:and restittcItvns which are applicable to the affordable
Unit.
5. Violations and Enforcement
a. Violations. It shall be a violation of this Agreement and the Collier
County Affordable Housing Density Bonus Ordinance to rent,sell or occupy,or attempt to rent,
sell or occupy, art affordable housing rental unit provided under the affordable housing density
bonus program except as specifically permitted by ttte terms of this Agreement;or to knowingly
give false or misleading information with respect to:toy information required or requested by the
Housing and Urban Improvement Director or by any other persons pursuant to the authority
which is delegated to them by the Ordinance.
Collier County or its 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.
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i-1.Tc:crzfi:rter, tn:n L
Urban irrioravernen-,E)irt-,cter eentfied ret-urri-reetip recitieste:: Mail.the person person or developer in violation of the Ordinan,-e, The Notice of Violation shall be in
writing, shall be signed and dated by the Housing and Urban Improvement Director or such
other County personnel as may be authorized by the Board of County Commissioners, shall
specify the violation or violations,shall state that said violations(s)shall be corrected within ten
(10)days of the date of the Notice of Violation,and shell state that if said violation(sl is/are not
corrected by the specified date in the Notice of Violation,the Housing and Urban Improvement
Director shall issue a citation which shall state the dare and time of issuance, name and address
of the person in violation,date of the violation, Section of this Agreement or of Ordinance No.
90-89 or subsequent amendments thereto violated,naive of the Housing and Urban Development
Director,and date and time when theviolatortsnall aPpekbefore the Code Enforcement Board.
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c. CertificateiOr )Ccupancy. In tl:e 'eVent,that the Developer fails to maintain
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the affordable units in accordancelcwith this—Agrecnnent or with Ordinance No. 90-89, as
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amended, at the option of theirtiniistitiri, ldininirs'nr certificates of occupancy, as
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applicable, may be withheld-fcrtsany.ititure_plartneitor otherwise4pproved unit located or to be
located upon the Property untii.the entire project is 70;full icompliance with this Agreement and
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with Ordinance No.90-89,as amended. • mei
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6. Assignment by COrntittitsiati:::-The;torninisSion may assign all or part of as
••-•
obligations under this Agreement to any Other nublic agency having jurisdiction over the
Property provided that it gives the Developer (30) days advance wrinen notice thereof
The Developer may not assign,delegate or otherwise transfer all or part of its duties,°Meg-Awns.
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 uhatsoever
Any attempt to assign the duties,obligations,or promises under this Agreement to any successor
in interest to the Property without the express writ Len consent of the Commission as required by
this Section shall he 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:
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1;26x20 1 1 r::) 1 1 .
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'1 o the Developer: Richard Shaw,Presid•n',
Colonial Equities, Inc.
16200 Dallas Parkwa'.,Suite 190
Dallas,Tx.75248
Any party may change the address to which notices arc to be sent by notifying the other party of
such new address in the manner set forth above.
9. Authority to Monitor.The parties hereto acknowledge that the Director of Collier
County Housing and Urban Improvement or his designee shall have the authority to monitor and
enforce Developer's obligations hereunder.
10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold
Collier County and its officers, empleyees;Ta i 'agents harmless from and against any and all Vy
claims,penalties,damages, losses(andY.expenses,profe.Tsfbyldl�,�fees, including, without limitation, -
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reasonable attorney's fees and all,,costs--of litigation rud Judgments arising out of any claim,
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willful misconduct or negligent._act, eQr'or omisiaon or; liability of any kind made by
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Developer, its agents or employees ;arising io,tl or,,ut tdental; to the performance of this Cat
Agreement. i a
11. Covenants The`Developer agrees that Ill of its obligations hereunder shall
constitute covenants, restrictions, arid.conditions which shall run with the land and shall he
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 tcrminated in accordance with Section 14
below. However,the parties agree that if Developer tc'ansfers 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 I)eveiope's successor in interest for the
pesforn ee of said obligations.
12. Recording. This Agreement shall be recorded at Developer'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 type of affordable housing rental unit (low or very low income) designated in
accordance with this Agreement for at least fifteen (15) years front the date of issuance of a
Packet Page -784-
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.E _et
ecr
agreement Coon;partie...
16, Discrimination.
a. The Developer agrees that neither it nor its agents shall discriminate
against any tenant or potential tenant because of said tenants race, color, religion, sex, national
origin,familial status,or handicap.
b. When the Developer advertises, rents, sells or maintains the affordable
housing unit,it must advertise, rent,sell,and maintain:the same in a non-discriminatory manner
and shall make available any relevant information to any person who is interested in renting or
purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real estate
commissions and fees assessed in the rentalurbptlreh-zse.of affordable units.
z O i ---
d. The affordable°housing units n tte'�levelopment shall he identified on all
• building plans submitted to the County.,and de:,criheeyn the Developer Application for
Affordable Housing Density
e. The affo dable housing tivits*tan,eintenniXed with,and not segregated
GI
from,the market rate dwelling units in the development. ' "
f. The squtre,,footage, construction and cosign of the affordable housing
units shall be the same as market rate dwelling unit in the development. All physical amenities
f r
in the dwelling units, as described initerrf r►umbesevin(7) of the Developer Application for
Affordable Housing Density Bonus shall be the sane for market rate units and affordable units.
For developments where construction takes place in more than one phase, all physical amenities
as described in item number seven (7) of the Developer Application for Affordable Housing
Density Bonus shall be 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 mark et rate unit or affordable unit in any phase
contain physical amenities less than those describe('in the Developer Application.
17. Phasing. This development is being built in two phases, each having
separate financing sources. The legal description of Phase t is attached as
Appendix D, with Phase II being the remainder of the property. However, the
second phase (298 units - nortitem portion of the site) will commence
construction following an approval of an amended PUD. Phase I will consist of
140 units 80% low income at 60 11r..of the area median income and 20% at very
Packet Page -785-
rcYi
Tr.... R'l::a e"OOLI,F., &itc .rt':. ,.,, F,rft., Ft .r.`ic Ci c.,,,
agreemere will 'oecorn efiective a r Pilaw.. I concurrent with Eievcioner
closing on the purchase of the souther' portion of the Property, and a ill further
become ef:ective as to Phase II concurrent with Developer's subsequent closing
on the northern portion of the Property. In the event Developer fails to close on
one or both portions of the Property,th::n staff will return to the Board of County
Commissioners with a new affordable housing agreement as to either or both
portions of the Property that failed to close. However, this agreement will
supersede any previous Affordable Housing Density Bonus Agreement approved
for this parcel.
18. Disclosure, The developer shall not disclose to persons, other than the potential
tenant, buyer or lender of the particular aft r�ai housing unit or units, which units in the
is "i ,t� cyk` rr ..
development are designated as affoFflable"housing units: 'w ,, �o
19. Consistency./This'A-greement and :authorized development shall be consistent
with the Growth Management elan nd/land::de�velo mkt nt-regulations of Collier County that are `rP
f `a,r f \„././ .i V ••=,in effect at the time of developtnett. /Subsequently°id`opted;laws,and policies shall apply to this
L
Agreement and to the development to the extent tfi"at they are trot,;in conflict with the number,
an
type of affordable housing units and the amount of affiarable-}lousing density bonus approved
for the development.
20. Affordable Housing Density BonusI.'evelopment Agreement. This Agreement is
a distinct and separate agreement from development.agreements as defined by Chapter 163.3220,
Fla.Stat.(1989)and as amended.
21. Preapplication. Developer has executed and submitted to the Development
Services Director the Developer Application for Al fordable housing Density Bonus, a copy of
which is attached to this Agreement as Appendix C ar,d incorporated by reference herein.
1 22. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
23. Further Assurances. The parties hereto shall execute and deliver, in recordable
form if necessary, any and all documents, certificares, instruments, and agreements which may
be reasonably required in order to effectuate the int,.nt of this 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 pt ovisions of paragraph 14 above.
IN WITNESS WHEREOF,the parties hereto h,we caused this Agreement to be executed as
of the day and year first above written.
Packet Page -786-
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1/26/2016 16.17).1 I .
w
A:7'Es: - BOAS ;> O nE, ``OMMISSIONEE::
rii h F..■ "i7.11-,, -7:a-.. , v ..'1`�. Dt::D
i-, T
A � Y TIMOTHY L H..&,NCOCL, Chairman
/ � r/
DEVELOPER
Witnesses(2):
CEI/KENSINGTON,LTD.
by: COLONIAL EQUITIES, INC., its
General Partner
By:
Richard Shaw,President
Witnesses(2):
COLONIAL EQUITIES,INC.
By:— — —
__—__Richard Shaw,President _
{
IV
r `.,L..., HOUS4NG.OUTREACH CORPORATION .�'.a
/ . i .e,
t pl7t �- `«/" t y
! +in;Naine}�1t2�AQ� C. t2uSCN"■�'J ."'r.
w j`ti, J., .� Piint_ rte)=y;, '' w
} , 7120, P
Approved as to form and ,; --,
legal sufficiency: ,
Heidi F.Ashton
Assistant County Attorney
STATE OF )
i 8s.
COUNTY OF )
The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants
And Restrictions On Real Property was acknowledged before me by Richard Shaw,President of
Colonial Equities,Inc.,General partner of CEI/Kensington,Inc.on half of the Corporation. He is
personally known to me or has produced as identification.
WITNESS my hand and official seal this -_day of
, 1997
Notary Public
My Commission Expires:
Packet Page -787-
I 126120 I 6 I 6.D) .
Mt-iortgoinE 4-..grcerntri AutriortztnE .,,Ifortiarytt housrag Loertsir &'onur ktic impz,Etni_s.
Anti kesthcnon Cir kekl Property was acknowledged it..fort,wit Dy Ricnarc: Shay., President
Colonial Equities,inc.,on half of the Corporation. He s personally known to me or has produced
as ide—"ication.
WITNESS my hand and official seal this day of , 1997.
Notary Public
My Commission Expires:
STATE OF I igN/Az
)ss.
COUNTY 01;141,tA.t5 )
The foregoing Agreement Authorizing Affordable Hous;ng Density Bonus Ataosing Covenants
And Restrictions On Real Property was acknowledged before me by Richard Mident of
Housing Outreach Corporation on half of the Corporativn. He is personally known to me or has
produce'
c=>
/(st',‹ , ,
WITNESS my hand and otticial seal this day or, , 1997.
) -
Notary Public
,
My Commission Expires: \ IN-10
aft.
MINA NUM
0 UN coriesomeira
II
jcI/Vaaddlobrkptidenbottagr •1 Gabor 22.WI
Packet Page -788-
1 I 6 I f'-',,TT)
. .
' REYTX,L
'. 7L._......;—.4,..L:-,,,.::...,.-,:--L-...-;____L-....-,-.._ ___ ...,_,.-L.-,1.- r 44.4434,-.:,-.....Ateal.4■,',........■..-,,,v....,,-v:
..
NUMBEF CT UNITE aiSL REP':
Singla FACIt'.. Sint716 Mul*:.L
Family Family Family Family
LOW INCOME
Efficiency 0 0 ---9.---
-------
-______.
1 Bedroom 0 —0 --.Q _ _ _—
_
2 Bedroom 0 -___..IL_. 0 __60___
.
3 Bedroom 0 16 ___a___ 703
4 Bedroom 0 0 0 =____
-_—___
TOTAL 0 -119----..
VERY LOW INCOME
"------'1-":P CTFIT;"---, c,
P0
--..-=7 ._,
Efficiency _11 _:.:--,..,--- ___1:1-1-,,,';\ 0
r....)
N.,...--\ c....*
1 Bedroom / 07 , \
,., . 46 _ \ ,, 0
blab
if / La.---,, ---,)-\ \ \
s '
2 Bedroom i i 1
\, 0
V i V \ ' \ N sls N
3 Bedroom : ., of f8.--/ 0
i —4----7,\ t 1 . . —,,) i 1 - i------ ....rs
k - -- ___-- ....f.,....
4 Bedroom \r- ,0
.-----. .'0- _ ) , ,;,. ! 0
_____ _ cr.
...,.
TOTAL —
-_-
(1) Base residential denSity:41,1-owed in this development
7 units/acre. -----z-__,L,2,..:;_---
(2) Gross acreage
(3) Maximum number of affordablo housing density bonus units
allowed in this development pursuant to Section 7
Ordinance 90-89. 6 unitr./acres.
(4) Gross residential density of this development (including
affordable housing density bonus units) 13
units/acre.
(5) Percentage of affordable un'..ts pledged by the developer
(as a percent of the total number units in the
development) 46 %.
* Route are net of utility allowances. Water and sewer utilities
provided in listed rent levels.
•
Dams 1 nf 1
Packet Page -789-
........
,poems.'= k, E hifitt R t<
r, 4,
Y
density oo ,uc c:- developers fledging t. convtruc: affo e: 6
units within, tneir development. Inciu. ec yr. =is L.:-c
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 r. nts 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'shgwn 1_nlTable A. Then, referring
again to Table A, choose the, jr&ber f',edrooms proposed for the
affordable housing unit.(, An affoi-Aa)'e 'housing density bonus
rating based on the hongehbld income level-and the number of
bedrooms is shown in 'Table—A:- w
/ -ti I \ `\, �a
After the affor ableehouzAlif ldeR4ty, bonus, rating has been .�
determined in Table iA, ;��igcarte fit ';i{s�'Tabl,e` B;\and determine the 6�
percent of that type ,ot. affOrdablei r dsi/ng(unit; proposed in the
development compared t'o \thp .L^ ,ta-3:juiinbe4raf Oelling units in the
development. From this' determination, Table- 'will indicate the ,a%
maximum number of res ential dwellin4 unfits:'Mper gross acre that °i
may be added to the base.`density. These afl&itional residential
dwelling units per gross ,acre are the meat#.mini affordable housing
density bonus (AHDB) available--to that de 'e'lopmnnt. Developments
with percentages of affordhbleYhou ii hits 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 exampe, a development which has
24% of its total residential dwellinci units as affordable housing
{ units, and which has an affordable housing density bonus rating of
"four" will receive an affordable howling 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 ether 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.
n.... •f ..c A
• Packet Page -790-
1/26/2016 16.D. 11 .
kppendix A, Lxhiti4
?7FORDAPLZ HOUSING DENSITY Dc)NUA RATING SYSTEM
r r
E.D,°r3 =,. '4Ig
or Roust:Ho:4o
FT IMF 1.141— SCf�
MODERATE (OWNER-OCCUPIED,
0 l* 1*
SINGLE-FAMILY)
LOW (OWNER-OCCUPIED OR RENTAL 2 3 4
SINGLE-FAMILY OR MULTI-
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-
FAMILY OR MULTI- 3 4 5
FAMILY)
*For cluster housing developments in the Urban Coastal Fringe,
add 1 density bonus to obtain 2.
-.I CO/
TABLE Bt AFFORDABLE HOUBX G''DENSITY BONUS O
(ADDITIONAL AVAZXABLE DWELLING NITS PER GROSS ACRD Poi
\ \ w
AFFORDABLE HOUSING / / t Off` AFFORDABLE HOUSING UNITS
DENSITY BONUS RATING iti f""-„ ",�1 ,"'.'-,f) l` 77 x_
, , i 1 t LI / l e" i
\ t 2Q . t, i,µ$ms t�
1 0 0 ;-1 2 �.a
2 ��' 0 1 ,"2 O
3 `s ,2 3 4:-'; g
4 3`:. 4 .5 7
5 ek �.� 7 6
Please calculate your density bonus is the space provided below.
Attach additioaai pages if necessary.
Density Bogus was previously calculated at the time of approval of
Saddlebrook Village PUD.
nand 1 of d
Packet Page -791-
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i , k
Appendix A,Exhibit C
Ii-j-04,cr L T r)P c-I1,:- .7'7 ,,S- 7()P THE j,C)W L'1 I k 0 •
[
I t-,Y7-:-:',:,-, , t',7; -..:-..77L«<",,:'.. .'",;:..!.;:;•:i .'t.;7::-.: r --::31,2.1,.. .7.ii:; ,..:.:. . : '7'--L: 1-7..-..1^.7.i:-_- -.1:C.77:: :. ; '
I: ,.',, ar,...1 ,,t:-.
, irr.:orri:
i ICIF.;. tZ.4al, SO%a:medlar.iricomt
Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissionem,DecempeT
16, 1992,moderate income is 61%to 80%of the median icome,low income is 51%to 60%of the
median income and very low income is less than 50%of the median income.
MEDIAN INCOMI, 1997
$51,300 Naples,MSA.(Collier County)
NUMBER OF MEMBERS IN FAMILY
1 2 3 4 5 6 7 8
100% 35,900 41,000 46,200 51,300 55,300 59,500 63,600 67,700
80% 28,750 32,850 36,950 41,060 44,300 47,600 60,900 54,150
60% 21,540 24,600 27,720 30,780 33,240 35,700 38,160 40,620
50% 17,950 20,500 23,100 25,650 27,700 29,750 31,800 33,850
RECOMMENDED:RENO Al:RATES
/
C
A )
Pa
The Florida Housing Finance Agent-Y(FHFA)calculate rentsto Use in the State Apartment
Incentive Loan(SAIL)and the/Loiy=Itio_tpe-kental-liskiling Tax Credit(LIHTC)programs. The 1.4
c...)
rents given below are based on 1993,data frojn-FHFA. Utility cc4ts.are provided from the County's .--3
Section 8 Rental Assistance ProgrftintWIliciiiinsiniitt'red Y7tE Collier County Housing alaa
Authority. ; 1 1 1 j I ''
Ifl‘\.,\ 4\ \.-1 /
HOUSINGCOSTS BASED ON SO%F4,..."-thYINCOME Irs)
(-PI
4:30
ONE BEDROOM TWO-BEDROOM THREE-BEDROOM FOUR BEDROOM
UNIT ',4/Nr--- ----‹UNIT- UNIT
-'---Y-i•;- f :iX4,..L_ ---'
100% 962 1,155' ---------- 1,334 1,487
•
80% 770 924 1,067 1,190
60% 577 693 800 893
50% 481 578 667 744
UTILITY
ALLOWANCE 52 95 137 162
!..,
ALLOWABLE RENT WITH U DUTIES DEDUCTED
ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM
UNIT UNIT UNIT UNIT
100% 910 1,060 1,197 1,325
80% 718 - 829 930 1,028
60% 525 598 663 731
50% 429 483 530 582
Revised 2/97
fldensity bonus
Page 4 of 4
Packet Page -792-
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c=,
pa
■••••11
aloft
Uri
\
APPENDI X C
\ 6 \
7.77
DevelOpei Apriii6itior0 Fo.r\ Aptdrdable Housing Density Bonus
I .(
.- „
Packet Page -793-
m mv r,
1 P617 ,,
Appendix:
Dtrtr ty BOLUS
F,ous.-n.;. Dent.... . *ecn.a
LI
complete this form end submi.t it with ally mpa '-n:, o:u
ef.':Fc4..
tion to the Development Services Director, 2800 North Horseshoe
Drive, Naples, Florida 34104. A copy must also be provided to the
Housing and Urban Improvement Director.
All items requested must be provided.
1. Please state what zoning districts are proposed by the
applicant, if any, on the property and C.he acreage of each;
Existing zoning to be retained. Saddlebrook YUji,
0
Co
2. Has an a pplication./;.fOrzon
r eing lbesrequested in conjunction c..s
l, r ..a
with the affordable housing—density bonus?,. `,\
.s.
/
Yes . 1 G�
If yes, state date pf gpplicati}�r r t` 1 and if the
request has been approved, state thet0:-dinanceinumber
3. Gross density of the proposed development. 13 units/acre.
Gross acreage of the propose development. 33.79 acres.
4. Are affordable housing density bonus units sought in
conjunction with an application for a planned unit development
(PUD)? Yes X No.
If yes, please state name and location of the PUD and any other
identifying information. _
5. Name of applicant Colonial Equities, Inc.
Name of land developer if not the same as applicant Phase I,
Applicant; Phase II, Outreach Housing Corporar.:ion.
Packet Page -794-
rill .-
112612016 16.D.11 ,
' Appendix C
t .
DVVCI.OpV* AppliZeriOn For Xffordiale Housing Density Bonus
.-:-.-.J.n7 : c..A._ _ .:. : c. .. .. , :-; ,. ..
prvpvc:".. o.c.vd:_otmcn': ,
of - r - 1* DisveloDDSn
Type of Owner
Unit Rental 222=121
Efficiency o 0
One Bedroom 130 0
Two Bedroom 242 0
Three Bedroom 66 0
Other Bedroom -0- 0
TOTAL 438 0
C>
TABLE II IlladO.r-Of-AtfOrtg c
ahle aqua Units Iv
/i:".--,,z'
......)
Toar,4umber of \proposed Use for 4*.
Affordehle Units /- Bonus Units ..ms
in Devel41flent\ \ \
i /7-K1 I r;-\---r,,,..\‘
Rental, 0%,.tne . )!2_,) ',, '.'7 Rental* Owner tre
- crs
'''' \\.\----'\,„1089UoifBc3 `‘) i 1 L...„1 Occucieg e--•
MODERATE INCOME <
_.,,
Efficiency ',%0 ', 0 ,/, -,.., 0 0
1 Bedroom 0
, ----__-_-----
2 Bedroom 0 0
3 Bedroom 0 0 0
Other 0 0 0 0
TOTAL ' 0 0 0
LOW INCOME
Efficiency 0 0 _ 0
1 Bedroom 0 0 0
2 Bedroom 9t, 0 AIR 0
3 Bedroom 16 o 701 0
Other _-_____ o ----(1—
TOTAL 114 0 _-_ 0
_-_-
* Net of utilities. Water and sewer utilities provided in listed
rent levels.
in........ n Mr
Packet Page -795-
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t ‘, .- •-• 1/26/2016 I 6.D.I I .
. .
Appendix c
Developer kpplioation For luffordtb'.a Routing' Density Donut
1 *.:-n-,:.z.,1 )■ur.i.oe: :,: 7-r:opvtA..:.: 'A.1 fa:.-.'
in Developmemt
Jr
Rentl. owner / ente. t owner
Occupied occurieg.
VERY LOW INCOME
Efficiency 0 __-Q-___
1 Bedroom 46 0 -AO— 0
2 Bedroom 34 0 —Ili__ 0
____ _ _______
3 Bedroom 0 570 0
---
Other 0 0 0
TOTAL 88 0
7. Please provide a physical--descripAon of the affordable units
.-- --
c>
by type of unit (moderatake„ ryin.e/:income) and by number of Pro
0,`17 ..
. 1 \
bedrooms. Include in/Y6urdescription, fIlf.' example, the square IN.,
c.....
/ . „
/ '---_,ri \ \ alas
footage of each type/ of/ u r it-;-.41p th
or Coverings used throughout e
C7>
unit (carpeting, t4e,frvinYi flodrg) indOw 'treatments; ..
'0, l fl-----. li
r... 1.....,
Llre
appliances provided\aUCh-as ie/iSherfdryer *washer, stove, CT
i r..."
'•_,
refrigerator; bathroomemenities, suc*as cialing exhaust fans; and
any other amenities as 'apPl4cable. At:-..aCh-additional pages.
z--,'V-:'k,..• >''
8. Please supply any other infOrtalition which would reasonably be
needed to address this request for an affordable housing density
bonus for this development. Attach additional pages.
* Nat of utilities . Water and sewer uvilities provided in listed
rent levels.
Pacts 3 of 3
Packet Page -796-
AMMO
,.,..........
1126/2(.31 6 16.D.I 1
S.ADDLEBROOK
,t,FFORD.AST E, 7
',.(... lAtz, V c-.} A.r.ipts:;::, 7 ":-.'n -,1:,",i., r ::
PHASE I
110111111MMIN11111111, 4•1111111•1111111U1s 41111111111•11111111P IMIIIIINIMEr
No. of Units Type Square Footage Rent
20 2 Bedroom/1 Bath 750 $515
, .
60 2 Bedroom/2 Bath 880 $618
36 2 Bedroom/2 Bath 900 $618 ....]
8 3 Bedroom/2 Bath 1040 $570
.............16............ 3 edroom/2„)3,_ , ---„ 1040 $703
' \-
":\ ):, ---'\ ji("t VtialASEil
/
, , L,
.
/ \ ,
, i 1,,,, —---0--,: \
No. of Units l / Type-',„. ---- Scotare Footage Rent* 1.7
46 ,,---‘,. \ ...d-, ,„ , \ 1
3 13PdrPorifi Path 1 LL...) 'k, 1 ', $448
14 0 ‘ ,.. 1
\f-Bedinv iBathi:. ......,,, a750 I : ' $515
v..
■
2 Bdoo
2er
. xn/1 Bath J , ....%-::,......./.................i........1618 - -
\'-f---\ CAA
a,''N,,, \ ,-- sa.
' .,„,,,. /7,tr, ,-1,,-..,t-\.,,, ;,,,... \:,..../' •-ci
All of the units will be carpeted throueloucwith.the-el,ception of kitchens and baths, which will 4-1
..
have vinyl flooring. Every bedroom and living area will have a ceiling fan with a light kit. The it.....)
kitchens will include dishwasher, dmp-in range, disposal and a refrigerator with an icemaker. 4—TS
ccr,
A utility room will contain full size washer/dryer connections and an individual electric hot c.......,
water heater. All units will have electric central air conditioning/heating units.
* Rents are oct of utilities.
PcolotimoNsaddiebruffunk tab
44.
Packet Page -797-
,3. .
1/26/2016 16.DI 1 .
APPEND I X L'N
Patt 1 ef .' 1
7E1
F i.-1....Y.....,z
LZGAL DCSCRff'LION'
• , , A *col of .kW: in ¬ion 34, Toweslip 49 • Rause 26 East,
• 'toSer County,' ' :mon,partlatdarly dumbed u ,•771. •
, • i 7 r
• Commonnnet alit taultbditstoosnie otthe West 142 oftbe : • ,• • • 114 ofleotion
t '. .34,Tolvethip 41111ct hinge 26 East, mu N119°43P1S"W&idioms of 726.00
,
' • fbet;*tam rum , ;:594'W a distance of 50,00 feet to*tobit of&sirloin&
•
.thatIce hni)419143'11"9/ a *tame of 479.52 feet tb04 Ma 0'O1'1 LE a
, - *sons of 6s. s ifbitt io 1bn point of curvature of a 4-oebr Rime eentuve
• . :Sontinsectely, ....-, • nit 97.61 kat aim the am of said air*hiving a radius of
100.00 heti a -"'".'• aisle of 27'57'44", a chard disallows if 96.64 hat sad a
'chord beating at i413•57•41"W-10—tir----imint of tuieney;. thou nm
I ' • ,Ist27•56'33!'W i .' •-:oft31-.87 ‘444.4xavvatete '.of a curve mom.
;ticitheactelY; ', • , •:1114,96":12",helidortg the-troltsidd aim having a Esau of
/ (•_.•,...••/-
: 200.00 hes, a • . — ,AMOO/of 2763215", a cnorttcliiiance, of 95.20 het end a
) ' 'cbord bearing, I 14,41072:0WAYI-point_oftnaignooy;'thence Ma 1400•24'Irv/a
; . •
...(fsetatioe of316. • tissoae 'i4,00415'41"4s distance of 13.72 het;thence
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