Agenda 06/28/2016 Item #16D25 6/28/2016 16.D.25.
EXECUTIVE SUMMARY
Recommendation to approve Agreement Confirming GAP Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property allowing either for sale or for rent units in the
Vincentian MPUD.
OBJECTIVE: To implement affordable housing programs.
CONSIDERATIONS: The Board of County Commissioners(BCC)approved an Agreement Confirming
GAP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property(Agreement)at
the June 9, 2015 BCC meeting (Item 9B) with Global Properties of Naples LLC for the Vincentian
Master Planned Unit Development (or MPUD). The Agreement allows properties to be developed with
sale units. The Developer recently requested the Agreement be modified to allow either for sale or for
rent units;with the unit type to be elected prior to the issuance of the first building permit for a residential
unit. Therefore,the attached Agreement includes Alternative A(Owner Occupied Units) and Alternative
B(Rental Units).
With just a few exceptions noted below, the terms are substantially identical between the two
Alternatives,with language differences to suit the for sale or for rent constructs; and they represent to the
extent practicable,the requirements in Section 2.06—the Affordable Housing Density Bonus Section of
the Land Development Code (LDC). As was noted at initial approval, CHS recognizes the developer is
not applying for an affordable housing density bonus now,but, will be executing an Affordable Housing
n Density Bonus Agreement. However, in order to evaluate the request, Section 2.06 of the LDC provides
the closest criteria for development of an affordable housing component in the MPUD.
As a reminder, the MPUD allows 224 units within the Vincentian MPUD. In order to achieve the
requested density, which is above the base density of 3 units per acre, the developer has agreed to the
following:
A minimum of 40%of the dwelling units constructed above the allowable base density of 3 units
per acre shall be offered to persons who qualify for GAP Housing, that is, persons earning
between 81% and 150% of the Naples-Marco Island Metropolitan Statistical Area(MSA) annual
median income at the time of income qualification.
The housing or rental price should be based on the buyer's income to spend no more than 30% of their
qualified income for principal, interest,taxes and insurance, or rent and utilities would be able to qualify
for the designed GAP Housing units at the time of purchase. This information more fully set forth in
Exhibit"C" [one for owned and one for rental].
One material difference between the Alternatives is the period of affordability. CHS and the BCC
stipulated to waive the requirement to a minimum of five (5) years for the for sale inventory at the time
the initial agreement was approved. However, if the rental Alternative is selected,the attached agreement
specifies the GAP housing units for rent shall be deed restricted to remain and be maintained as the
required GAP housing for a period of fifteen(15)years from the date of the last Certificate of Occupancy
of the last GAP unit constructed.
The other differences are that in the rental Alternative, a maximum number of residents/unit is specified
as follows: a. One bedroom units—three occupants maximum. b. Two bedroom units —five occupants'
maximum, c. Three bedroom units— seven occupants maximum. Also, a minimum of 50 parking space
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requirement for the residential development shall be met via enclosed garages and the number of 1
bedroom units constructed shall be limited to no more than 40%of the total number of units constructed.
Staff has prepared an Agreement Confirming GAP Housing Density Bonus and Imposing Covenants and
Restrictions on Real Property with the two Alternatives included, as well as the attached Exhibits. This
agreement will be recorded in the Public Records and is a separate and distinct agreement from
"development agreements" as defined by Section 163.3220, Florida Statutes, as amended. The proposed
agreement supersedes and replaces and all prior affordable housing density bonus agreements previously
approved by the Board.
FISCAL IMPACT: There is no fiscal impact with this item.
GROWTH MANAGEMENT IMPACT: This agreement assists in the implementation of the Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval.-JAB
RECOMMENDATION: That the Board of County Commissioners approves an Agreement Confirming
GAP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property providing for
either for sale or for rent units in the Vincentian MPUD.
Prepared by: Kim Grant,Director,Community and Human Services
Attachments:
1. Vincentian Owned and Rental Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.25.
Item Summary: Recommendation to approve Agreement Confirming GAP Housing
Density Bonus and Imposing Covenants and Restrictions on Real Property allowing either for
sale or for rent units in the Vincentian MPUD.
Meeting Date: 6/28/2016
Prepared By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
6/16/2016 10:04:09 AM
Approved By
Name: GrantKimberley
Title: Division Director-Cmnty&Human Svc,Community&Human Services
Date: 6/16/2016 1:39:17 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,CAO General Services
Date: 6/17/2016 8:06:14 AM
Name: CarnellSteve
Title:Department Head-Public Services,Public Services Department
Date: 6/17/2016 8:24:15 AM
Name: BelpedioJennifer
Title:Assistant County Attorney, CAO General Services
Date: 6/17/2016 9:28:10 AM
Name: FinnEd
Title:Management/Budget Analyst, Senior,Office of Management&Budget
Date: 6/17/2016 12:13:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/20/2016 8:20:41 AM
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Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 6/20/2016 11:00:59 AM
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AGREEMENT CONFIRMING GAP HOUSING
AND IMPOSING COVENANTS 1
AND RESTRICTIONS ON REAL PROPERTY
This AGREEMENT is made of the day of , 2016 by and
between Global Properties of Naples, LLC (the "Developer") and the Collier County Board of
County Commissioners (the"Commission"),collectively,the"Parties".
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a
maximum of 224 market rate and GAP residential units on the Property.
B. The Property is located within Vincentian Mixed-Use Subdistrict within the
Future Land Use Element of the Growth Management Plan(the"GMP").
C. Pursuant to Collier County Ordinance No. 15-35, the Property is zoned
Vincentian Village MPUD (the"PUD").
NOW, THEREFORE, in consideration of the approval and grant of the density set forth in the
GMP and PUD, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Developer and the Commission hereby covenant and agree
as follows for the Developer to select one or the other of Alternative A (Owner Occupied For
Sale Units) or Alternative B (Rental Units) as outlined in this Agreement prior to the issuance of
the first building permit for a residential unit.
ALTERNATIVE A(Owner Occupied Units)
{
1. The above Recitals are true and correct and are incorporated herein by reference.
2. The Developer agrees that a minimum of 40%, as further described in Exhibit "C" Owner
attached hereto of the dwelling units constructed above the allowable base density of 3 units
per acre shall be offered first to persons who qualify for GAP Housing (persons earning
between 81% and 150% of the Naples-Marco Island Metropolitan Statistical Area [MSA]
annual median income at the time of income qualification).
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3. In lieu of an identified sales price for the GAP Housing units, a range of prices has been
established, subject to the provisions in Exhibit "C" Owner; and the pricing shall be based
upon the qualified buyer's income to spend no more than 30% of their qualified income for
principal, interest, taxes and insurance at the time of purchase. The Developer shall
designate the units it intends to offer to those qualifying for GAP Housing.
4. Initial Offering: The GAP Housing units shall be marketed for purchase by persons
qualifying for GAP Housing for 2 years from the date of issuance of the certificate of
occupancy (CO) for Gap Housing unit. In the event a qualified buyer for the unit has not
signed a contract for purchase within the 2 year period, the developer may sell the unit to a
non GAP Housing qualifying purchaser.
5. Resale: If a unit is initially sold to a person qualifying for GAP Housing, the above GAP
Housing requirement to market the unit for purchase by persons qualifying for GAP Housing
shall exist for a period of five years from the date of issuance of CO for that Gap Housing
unit.
6. Hardship: In the case of resale of a designated GAP Housing unit, the requirement to market
a unit for purchase by persons qualifying for GAP Housing for five years may be waived by
the Board of County Commissioners in its sole discretion if one or more of the following
hardship conditions exists:
• The owner is transferred to, or otherwise obtains employment in, a
location more than 50 miles from the Vincentian Village MPUD. if
• If a unit is listed for resale by person(s) qualifying for GAP Housing for a
period of 365 days without the unit selling to a person qualifying for GAP
Housing. The 365 day reservation period commences on the date the unit
is offered for resale.
• 50%or more reduction in employment hours or salary or earnings by �I
employer(not a result of owner's actions/requests).
• Documented on-going loss of 50%or more of child support payment for
more than 90 days.
• Out of work due to medical for more than 90 days and without pay or 50%
reduction in pay.
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• Fire and or damage to 50%or more of the unit.
• Active military deployment or transfer.
• Family divorce
• Unexpected financial loss due to burglary/cyber crime resulting in theft of
more than 50%of the owners funds at the time of the loss.
• Loss of 50% or more of the family income due to death of family member
(spouse, domestic partner, father, mother, child, siblings, grandchild,
grandparents).
• Any additional hardship as approved by the Board of County
Commissioners.
A written request for hardship waiver from the requirement to reserve a unit for
purchasebypersons qualifying for GAP Housing for five years shall be submitted
to the County Manager or designee by the unit owner. Such request shall indicate
the nature of the hardship and provide reasonable evidence of such hardship as
may be requested by the County Manager or designee.
7. Compliance: The Developer shall provide an annual written compliance report to Collier
County Community and Human Services Division (CCHSD) commencing with the issuance
of the first CO for a residential dwelling unit identified to be offered to those who qualify as
GAP Housing. This requirement shall conclude when the required number of units have
been purchased by persons qualifying for GAP Housing or are sold to others under the
provisions herein, whichever occurs first. The report shall include a summary related to the
sale of units to persons who qualify for GAP Housing, and the number of such units sold
during the reporting period and in total. Conditions set forth herein related to the resale of
such units shall be set forth in the purchase agreement or other legal document as may be
acceptable to the County Attorney. Compliance related to resale of such units shall be the
responsibility of the unit owner. CCHSD shall periodically monitor the developer to ensure
proper gap housing availability and income certification procedures have been followed. The
annual progress and monitoring report shall, at a minimum, require additional information
reasonably helpful to ensure compliance with this section and provide information with
regard to GAP Housing in Collier County. Failure to complete and submit the monitoring
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report to the County Manager or his designee within 60 days from the due date will result in
a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to
exceed 30 days is requested prior to expiration of the 60-day submission deadline. The
Developer shall report annually to the BCC regarding the status of its compliance with this
Agreement.
8. Income Verification and Certification: The determination of eligibility of GAP Income
families, as determined by the developer or developer's agent, to buy and occupy GAP
Housing units is as follows: (1) submittal of an application by a buyer (Exhibit "D"); (2)
verification of family income (Exhibit "E", Parts 1 and 2); and (3) execution of an income
certification (Exhibit "F"). All three shall be accomplished prior to a buyer being qualified
as an eligible family to purchase and occupy a GAP Housing unit within the Development.
No person shall occupy a GAP Housing unit prior to being income qualified by the
Developer.
• The Developer shall be responsible for accepting applications from
buyers, verifying income and obtaining the income certification for its
development and documentation must be provided to the County Manager
or his designee prior to qualification of the buyer as a GAP Income family.
The County Manager or his designee shall review all documentation
provided, and may verify the information provided from time to time.
Prior to occupancy by a qualified buyer, the developer shall provide to the
County Manager or his designee, at a minimum, the application for GAP
Housing qualification, including the income verification form and the
income certification form, and the purchase contract for that qualified
buyer. Random inspections to verify occupancy in accordance with this
section may be conducted by the County Manager or his designee.
• Application. A potential buyer shall apply to the Developer, owner,
•
manager, or agent to qualify as GAP Income for the purpose of occupying
a GAP Income unit. The application for GAP Housing qualification shall
be in a form provided by the County Manager or his designee and may be
a part of the income certification form.
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• 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 written
verification form shall include, at a minimum, the purpose of the
verification, a statement to release information, employer verification of
gross annual income or rate of pay,number of hours worked, frequency of
pay, bonuses, tips and commissions and a signature block with the date of
application. The verification may take the form of the most recent year's
federal income tax return for the potential occupants (including the entire
household), a statement to release information, and a signature block with
the date of application. The verification shall be valid for up to 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 30
days, provided it has been documented by the person preparing the
original verification. After this time, a new verification form must be
completed.
• Income certification. Upon receipt of the application and verification of
income, an income certification form shall be executed by the potential
buyer (including the entire household) prior to sale and occupancy of the
GAP Housing unit by the owner. Income certification that the potential
occupant has a household income that qualifies the potential occupant as
an eligible family to buy and occupy a GAP Housing unit. The income
certification shall be in a form provided by the County Manager or his
designee.
• When the Developer advertises, sells or maintains the GAP Housing unit,
it must advertise, sell, and maintain the same in a nondiscriminatory
manner and make available any relevant information to any person who is
interested in purchasing such gap housing unit. The Developer shall agree
to be responsible for payment of any real estate commissions. The GAP
Housing units in the development shall be identified on all building plans
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submitted to the County. The GAP Housing units can be re-designated
throughout the development from time to time so long as the developer
notifies the County Manager or designee in writing.
(1) The Developer shall not disclose to persons, other than the potential
buyer, real estate agent, or lender of the particular gap housing unit
or units, which units in the development are designated as GAP
Housing units. The, construction and design of the GAP Housing
units shall be the same as other market rate dwelling units in the
development which have the same square footage. The GAP housing
units shall be intermixed with, and not segregated from, the market
rate dwelling units in the development.
(2) This Agreement shall constitute covenants, restrictions, and
conditions which shall be a deed restriction on the unit until the
requirement to release the restriction has been met whereby the deed
restriction shall cease to exist.
9. The following provisions shall be applicable to the GAP Units:
(I) Defined terms: In the event of a conflict between terms as defined in the
Land Development Code (LDC) or in the PUD Ordinance, the definitions of the LDC will
control when applying or interpreting this Agreement.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall
be the then current median income for the Naples-Marco Island MSA, established periodically
by HUD and published in the Federal Register, as adjusted for family size as shown on the tables
attached hereto as Exhibit"B", 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.
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10. Occupancy Restrictions. No GAP Housing unit in any building or structure on P
the Property shall be occupied by the Developer, any person related to or affiliated with the
Developer, or by a resident manager. 1
11. Violations. It shall be a violation of this Agreement to sell, rent or occupy, or
attempt to sell,rent or occupy, a GAP Housing unit except as specifically permitted by the terms
of this Agreement; or to knowingly give false or misleading information with respect to any
information required or requested by the Community and Human Services Department or by any
other person(s)within the County. Collier County or its designee shall have full power to enforce
the terms of this Agreement. The method of enforcement for a breach or violation of this
Agreement shall be at the option of the Commission by criminal enforcement pursuant to the
provisions of Section 125.69,Florida Statutes, or by civil enforcement as allowed by law.
12. Certificate of Occupancy. In the event that the Developer fails to maintain the
GAP Housing units in accordance with this Agreement, as it may be 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,as it may be amended.
13. Assignment by Commission. The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Property provided that it gives the Developer thirty (30) days advance written notice thereof.
The Developer may 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. The Developer shall provide written notice to the County of
the assignment to a successor in interest to the property and shall be relieved of any further
obligations under this Agreement. The Developer shall provide an executed Assignment of
Agreement Confirming GAP Housing and Imposing Covenants and Restrictions on Real
Property, in substantially the form attached to this Agreement as Exhibit "G", to the County of
the assignment to a successor in interest to the property and shall be relieved of any further
obligations under this Agreement. The written notice to the County shall include the successor's
acknowledgment that it is bound by the terms of this Agreement and is effective when written
notice is given to the County. Assignment of Agreement Confirming GAP Housing and y
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Imposing Covenants and Restrictions on Real Property shall be recorded at Developer's expense
in the official records of Collier County,Florida
14. Severability. If any section, phrase, sentence or portion of this Agreement is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and all other provisions shall
remain effective and binding on the Parties.
15. Notice. Any notices desired or required to be given under this Agreement shall be
in writing and shall either be personally delivered or shall be sent by email, mail, postage
prepaid,to the Parties at the following addresses:
a. Collier County Community and
Human Services Department
3339 Tamiami Trail East, Suite 211
Naples,Florida 34112
b. Global Properties of Naples,LLC
do Christopher Shucart
2614 Tamiami Trail North, Suite 615
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.
16. 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 a
claim, willful misconduct or negligent act, error or omission, or liability of any kind by
Developer, its agents or employees, arising out of or incidental to the performance of this
Agreement.
17. Covenants. The Developer agrees that all of its obligations hereunder shall
constitute covenants, restrictions, and conditions which shall run with the land and shall be
binding upon the Property and against every person then having any ownership interest at any
time and from time to time until the date that is five years from the date of issuance of the
Certificate of Occupancy for the 1st residential unit in the PUD. However,the Parties agree that
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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
18. Recording. This Agreement shall be recorded at Developer's expense in the
official records of Collier County,Florida.
19. 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.
20. Termination. The minimum number of GAP Housing units for sale or rent shall
be deed restricted to remain and be maintained as the required Gap housing for a period of five
(5) years from the date of issuance of the Certificate of Occupancy for the 1St residential unit in
the PUD subject to the provisions contained herein.
21. Modification. This Agreement shall be modified or amended only by the written
agreement of both Parties.
22. Discrimination.
a. The Developer agrees that neither it nor its agents shall discriminate against any
owner, potential owner, renter or potential renter because of said owners race, color, religion,
sex,national origin,familial status,or handicap.
b. When the Developer advertises, sells, rents or maintains the GAP Housing
units, it must advertise sell, rent and maintain the same in a non-discriminatory manner and shall
make available any relevant information to any person who is interested in purchasing or renting
such GAP Housing.
c. The Developer agrees to be responsible for payment of any real estate
commissions and fees for which it is liable in the purchase, sale and rental of GAP Housing
units.
d. The GAP Housing units shall be intermixed with, and not segregated from, the
market rate dwelling units in the development.
23. Phasing. The percentage of Gap 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.
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24. Disclosure. The Developer shall not disclose to persons, other than the potential
buyer or lender of the particular GAP Housing unit or units,which units in the development are
designated as GAP Housing units.
25. GAP Housing Agreement. This Agreement is distinct and separate agreement
from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. This
Agreement supercedes and replaces all prior Agreements confirming Gap Housing and
Imposing Covenants and Restrictions on Real Property between the Parties.
26. Consistency. This Agreement and authorized development shall be consistent
with the Growth Management Plan and the Land Development Code 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 GAP Housing units and the amount of GAP Housing approved for the
development
27. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
28. Further Assurances. The Parties hereto shall execute and deliver, in recordable
form if necessary, any and all documents, certificates, instruments, and agreements which may
be reasonably required in order to effectuate the intent of the Agreement. Such documents shall
include but not be limited to any document requested by the Developer to exhibit that this
Agreement has terminated in accordance with the provisions of this Agreement.
ALTERNATIVE B (Rental Units)
RECITALS:
A. The Developer owns a tract of real property described in Exhibit "A" attached
hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a
^l
maximum of 224 market rate and GAP residential units on the Property.
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B. The Property is located within Vincentian Mixed-Use Subdistrict within the
Future Land Use Element of the Growth Management Plan(the"GMP").
C. Pursuant to Collier County Ordinance No. 15-33, the Property is zoned
Vincentian Village MPUD (the"PUD").
NOW, THEREFORE, in consideration of the approval and grant of the density set forth in the
GMP and PUD, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Developer and the Commission hereby covenant and agree
as follows for the Developer to select one or the other of Alternative A (Owner Occupied For
Sale Units) or Alternative B (Rental Units) as outlined in this Agreement prior to the issuance of
the first building permit for a residential unit.
1. The above Recitals are true and correct and are incorporated herein by reference.
2. The Developer agrees that a minimum of 40%, as further described in Exhibit "C"
Rental attached hereto of the dwelling units constructed above the allowable base density
of 3 units per acre shall be offered first to persons who qualify for GAP Housing(persons
earning between 81% and 150% of the Naples-Marco Island Metropolitan Statistical
Area [MSA] annual median income at the time of income qualification).
3. In lieu of an identified rental price for the GAP Housing units,the pricing shall be based
upon the qualified renter and or renters income to spend no more than 30%of their
qualified and or combined incomes for rent and utilities. Utilities are defined as gas,
electric,water, and sewer.
4. In an effort to attract GAP renters, the Developer will provide written notification at a
minimum to Collier County and its Constitutional Officers, the Collier County School
District, all local hospitals, City of Naples City of Marco Island, Everglades City, and all
independent fire districts that GAP units are available to be rented and will be set aside
for the applicable period described below. Any printed advertising for the development
shall identify the project prioritized units for GAP.
5. The period of time that the rental unit will be reserved and advertised first for GAP
persons or persons within the income categories identified in Exhibit "B" will be a
minimum of 45 days from the date the unit is first advertised for rent and 30 days
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thereafter when a unit is offered for rent due to a projected or actual vacancy hereafter
referred to as the "Offering Period". If a GAP income qualified renter is not committed
to a lease within the initial 45 day Offering Period, or subsequent 30 day period Offering
Period, the unit may be offered for rent to a non GAP renter. The restriction to provide
units (with occupancy restrictions as further defined herein) first to GAP renters shall
remain in effect for 15 years from the date of the last Certificate of Occupancy of the last
GAP unit constructed. As units become available, the Developer shall first offer units to
qualified GAP renters, until the number of units described in paragraph 2 are maintained,
in order to satisfy the terms of this Agreement.
6. Occupancy restrictions for the entire residential project are as follows:
a. One bedroom units—three occupants maximum
b. Two bedroom units—five occupants maximum
c. Three bedroom units—seven occupants maximum
7. One bedroom restrictions are as follows:
a. The number of 1 bedroom units constructed shall be limited to no more than 40%
of the total number of units constructed.
8. A minimum of 50 parking space requirement for the residential development shall be met
via enclosed garages.
9. The following provisions shall be applicable to the GAP Units:
(1) Defined terms: In the event of a conflict between terms as defined in the
Land Development Code (LDC) or in Ordinance No. 08-41, the definitions of the LDC will
control when applying or interpreting this Agreement.
(2) Median Income. For the purposes of this Agreement, the median income
of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall
be the then current median income for the Naples Metropolitan Statistical Area, established
periodically by HUD and published in the Federal Register, as adjusted for family size as shown
on the tables attached hereto as Exhibit "B", 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 'II
median Income. -----t
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11. Qualification Process. The Developer shall be responsible for qualifying tenants by
accepting applications, verifying income and obtaining income certification for all income
restricted GAP units in the subject development per procedures approved by the County which
are described below. In addition to the GAP income qualifications, developer will qualify all
tenants based on their own established criteria for standard tenant requirements such as criminal
background, credit, and payment history under current market standards, and will apply these
standards equally for all tenants.
(a) Application. A potential renter (or renters) shall apply to the Developer,
owner, manager, or agent to qualify for the purpose of renting a GAP unit and occupying that
GAP unit pursuant to this Agreement. The Application form is Exhibit "D", attached to this
Agreement and incorporated by reference herein.
(b) Income Verification and Certification. No income restricted GAP housing
unit in the development shall be rented to an individual or family whose household income has
not been verified and certified in accordance with this Agreement.
(c) Income Verification. The Developer shall obtain written verification
from the potential occupant(s) (including the entire household) to verify all regular sources of
income(including the entire household). The term"occupant"herein shall refer to an individual
occupant or occupants. The term household referenced herein shall refer to all individuals who
will reside in the unit, to include all adults whose income will be used to determine income
qualification, regardless of relationship. . 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 GAP Housing Applicant Income Verification form, including a
statement to release information, occupant verification of the return, and a signature block with
the date of application. The verification shall be valid for up to one hundred eighty (180) days
prior to occupancy. Upon expiration of the 180 day period, the information must be verbally
updated from the original sources for an additional 30 days, provided it has been documented in
writing by the person preparing the original verification. After this time, or if the person
preparing the original verification is no longer employed with the organization, a new
verification form must be completed. The GAP Housing Applicant Income Verification form is
Exhibit"E",attached to this Agreement and incorporated by reference herein.
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(d) Income Certification. Upon receipt of the Preliminary Application for
GAP Housing Unit and GAP Housing Applicant Income Verification form, the Developer shall
require that an income certification form be executed bythepotential occupant (includingthe.
q P
entire household) and an employer certification for all income earning household members,prior
to occupancy of the GAP housing unit by the occupant. Income certification shall assure that the
potential occupant has an appropriate household income which qualities the potential occupant as
an eligible family to occupy an income restricted GAP unit. The GAP Housing Applicant
Income Certification form is attached to this Agreement as Exhibit"F.
(e) Exhibit's D, E, and F forms can be revised and amended if mutually
agreed to in writing by County Manager (or their designee) and the Developer, as long as they
are consistent with the program requirements as defined in the LDC.
8. Inspection. Random inspection of files containing required documentation to
verify occupancy in accordance with this Agreement may be conducted by the Community and
Human Services Division upon reasonable notice.
9. Annual Progress and Monitoring Report. The Developer shall provide an annual
PUD Monitoring Report to the Community and Human Services Division regarding the rental of
units to GAP income persons throughout the period of their construction and occupancy. The
annual progress and monitoring report shall, at a minimum, provide any information reasonably
required to insure compliance with this Agreement. The report shall be filed on or before
September 30 of each year and the report shall be submitted by the Developer to the Community
and Human Services Division. Failure to complete and submit the monitoring report to the
County within sixty (60) days from the due date shall result in a penalty of up to fifty dollars
($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to
expiration of the sixty (60) day submission deadline. No more than one such extension may be
granted in a single year.
10. Occupancy Restrictions. No GAP Unit in any building or structure on the
Property shall be occupied by the Developer, any person related to or affiliated with the
Developer, or by a resident manager.
11. Violations. It shall be a violation of this Agreement to rent or occupy, or
attempt to rent or occupy, a GAP unit except as specifically permitted by the terms of this
Agreement; or to knowingly give false or misleading information with respect to any information
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required or requested by the Community and Human Services Division or by any other person(s)
within the County. Collier County or its designee shall have full power to enforce the terms of
this Agreement. The method of enforcement for a breach or violation of this Agreement shall be
at the option of the Commission by criminal enforcement pursuant to the provisions of Section
125.69,Florida Statutes, or by civil enforcement as allowed by law.
12. Certificate of Occupancy. In the event that the Developer fails to maintain the GAP. w
units in accordance with this Agreement, as amended, at the option of the Commission,building
permits or certificates of occupancy, as applicable,may be withheld for any future planned or
fi
otherwise approved unit located or to be located upon the Property until the entire project is in
full compliance with this Agreement, as amended. Any non residential portions of this Property
shall not be subject to this provision. The legal description of the Property subject to this provision
shall be determined at the time of site development plan(SDP) approval. The Owner will record in
the official records a notice of applicability of this Agreement within thirty days of the Owner's
receipt of the SDP.
13. Assignment by Commission. The Commission may assign all or part of its
obligations under this Agreement to any other public agency having jurisdiction over the
Property provided that it gives the Developer thirty (30) days advance written notice thereof.
The Developer may assign, delegate or otherwise transfer all or part of its duties, obligations, or
promises under this Agreement to any successor in interest to the Property (or portion thereof)
without the express written consent of the Commission. The Developer shall provide an executed
Assignment of Agreement Confirming GAP Housing Density Bonus and Imposing Covenants
and Restrictions on Real Property, in substantially the form attached to this Agreement as
Exhibit"G",to the County of the assignment to a successor in interest to the property and shall
be relieved of any further obligations under this Agreement. The written notice to the County
shall include the successor's acknowledgment that it is bound by the terms of this Agreement
and is effective when written notice is given to the County. Assignment of Agreement
Confirming GAP Housing Density Bonus and Imposing Covenants and Restrictions on Real
Property shall be recorded at Developer's expense in the official records of Collier County,
Florida
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14. Severability. If any section, phrase, sentence or portion of this Agreement is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and all other provisions shall
remain effective and binding on the Parties.
15. Notice. Any notices desired or required to be given under this Agreement shall be
in writing and shall either be personally delivered or shall be sent by email, mail, postage
prepaid,to the Parties at the following addresses:
a. Collier County Community and
Human Services Division
3339 Tamiami Trail East, Suite 211
Naples,Florida 34112
b. Global Properties of Naples,LLC
do Christopher Shucart
2614 Tamiami Trail North, Suite 615
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.
16. Authority to Monitor. The Parties hereto acknowledge that the Collier County
Community and Human Services Division or its designee, shall have the authority to monitor
and enforce the Developer's obligations hereunder.
17. Indemnify. The Developer hereby agrees to protect, defend, indemnify and
hold Collier County and its officers, employees, and agents harmless from and against any and
all claims, penalties, damages, losses and expenses, professional fees, including, without
limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any
claim, willful misconduct or negligent act, error or omission, or liability of any kind by
Developer, its agents or employees, arising out of or incidental to the performance of this
Agreement.
18. Covenants. The Developer agrees that all of its obligations hereunder shall
constitute covenants, restrictions, and conditions which shall run with the land (subject to the
provisions of paragraph 12 above) and shall be binding upon the Property and against every
person then having any ownership interest at any time and from time to time until the date that is
fifteen years from the date of issuance of the Certificate of Occupancy for the last residential unit
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above the base density of 3 units per acre. However,the Parties agree that if Developer transfers
or conveys the Property (or portion thereof)to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce the terms hereof shall look solely
to Developer's successor in interest for the performance of said obligations.
19. Recording.This Agreement shall be recorded at Developer's expense in the official
records of Collier County,Florida.
20. Entire Agreement. The Parties hereto agree that this Agreement constitutes the
entire Agreement between the Parties hereto and shall inure to and be binding upon their
respective heirs,successors,and assigns.
21. Termination. The minimum number of GAP housing units for rent shall be deed
restricted to remain and be maintained as the required GAP housing for a period of fifteen (15)
years from the date of the last Certificate of Occupancy of the last GAP unit constructed.
22. Modification. This Agreement shall be modified or amended only by the written
agreement of both Parties.
23. Discrimination.
a. The Developer agrees that neither it nor its agents shall discriminate against any
renter or potential renter because of said owners race, color, religion, sex, national origin,
familial status,or handicap.
b. When the Developer advertises, rents or maintains the GAP housing units, it
must advertise, rent and maintain the same in a non-discriminatory manner and shall make
available any relevant information to any person who is interested in renting such GAP housing
unit.
c. The Developer agrees to be responsible for payment of any real estate
commissions and fees for which it is liable in the rental of GAP units.
d. The GAP 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 GAP housing units shall be
the same as market rate dwelling units in the development. All physical amenities in the
dwelling units shall be the same for market rate units and GAP units. For developments where
construction takes place in more than one'phase, all physical amenities shall be the same in both
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the market rate units and the Gap housing 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 Gap housing units are the same within each and provided that in no event may a
market rate unit or Gap housing unit in any phase contain different physical amenities.
24. Phasing. The percentage of Gap housing units to which the Developer has
committed for the total development shall be maintained in each phase and shall be constructed �I
as part of each phase of the development on the Property.
25. Disclosure. The developer shall not disclose to persons, other than the potential
renter of the particular GAP housing unit or units, which units in the development are
designated as GAP housing units.
26. GAP Housing Agreement. This Agreement is distinct and separate agreement
from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. This
Agreement supercedes and replaces all prior Agreements confirming Gap Housing and
Imposing Covenants and Restrictions on Real Property between the Parties.
27. Consistency. This Agreement and authorized development shall be consistent
with the Growth Management Plan and the Land Development Code 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 GAP housing units and the amount of GAP housing density bonus
approved for the development .
28. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
29. Further Assurances. The Parties hereto shall execute and deliver, in recordable
form if necessary, any and all documents, certificates, instruments, and agreements which may
be reasonably required in order to effectuate the intent of the Agreement. Such documents shall
include but not be limited to any document requested by the Developer to exhibit that this
Agreement has terminated in accordance with the provisions of this Agreement. .
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30. Conflicts. To the extent this Agreement conflicts with the PUD, the PUD shall
control.
n�n
Fl
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk COLLIER COUNTY,FLORIDA
By: By: 1
,Deputy Clerk Donna Fiala, Chairman
WITNESSES:
Global Properties of Naples,LLC
Print Name: By:
Print Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2015, by , as of
, who is [ ] personally known to me, or [ ]
has produced driver's license no. as identification.
NOTARY PUBLIC
(SEAL) Name:
(Type or Print)
My Commission Expires:
Approved as to form and legality:
CSP
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w i
EXHIBIT"A"
VINCENTEAN VILLAGE win)
LEGAL I EscRIPTION
A Parcel of land Ideated in Section 32, Township 50 South, Rupe 26 East, Collier County,
Florida,being more Particularly described as follows:
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED A.
FOLLOWS;
COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48`46" WEST
ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN
INTERSECTION WITH THE SOUTHERLY RIGHT.OF.WAY LINE OF U.S. HIGHWAY
NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH 02°48'46" WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF
884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE
NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT
BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
(VACATED BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE
792); THENCE RUN NOIt F I.117"'10°Ili" WEST AI,ONO SAW DORMER NORTH LINE OF
TRAIL ACRES IINIT 3 AND 'I'IlE NORTH LINE OP TRAIL ACRES UNIT 4 AS
RECORDED IN PLAT HOOK 7, PAQL 103 OP SAID PUBLIC RECORDS OF COLLIER
COUNTY,Y, FLORIDA, A DISTANCE 01 695,96 FEET; TI°IFNCC RUN NORM I 139°04'37"
WAST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE
OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION
WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTHWEST BOULEVARD;
THENCE RUN FORTH 50°5659" EAST ALONG SAID EASTERLY RIGHT-OF-WAY
INF;, A DISTANCE OF 1007.85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY
RIGHT-CW-WA'4 LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); TI4ENCE RUN
SOUTH 39`03'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET,A CENTRAL
ANGLE OF 14°34'44" AND A CHORD REARING AND DISTANCE OF SOUTH 46°2049"
EAST, 1814.73 FEET, RESPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID
CURVE AND THE SOUTHERLY RIGHT-01-WAY LINE, AN ARC DISTANCE OF 81693
FEET TO THE SAID POINT OF BEGINNING,
Subject to easements,reservations or restrictions of record.
is
— t
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EXHIBIT"B"
FY 2016 Income Limits Summary
FY 2016 Median
: Persons in Family
FY 2016 Income Umit
Income Limit ncome
•.' :
Area
, : • Category • .
Explanation - • • : 5 :: :
::; • ..; : , :
Very Low (50%)
Income Limits($) 23,000 26,300 29,600 32,850 35,500 38,150 40,750 43,400
Explanation
Extremely Low
Collier $65700 Income Limits($)* 13,800 16,020 20,160 24,300 28,440 32,580 36,730 40,890
County
Explanation
Low (80%)Income
Limits($) 36,800 42,050 47,300 52,550 56,800 61,000 65,200 69,400
Explanation
•
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EXHIBIT"C"-Owner
The Developer agrees that a minimum of 40%of the dwelling units constructed, above the base
density of 3 units per acre,shall be offered first to persons qualifying for Gap Housing (persons
earning between 81% and 150% of the MSA as further defined above) subject to the above
conditions. The percent of Gap Housing dwelling units shall be marketed as follows during the
Initial Offering period:
1) Group A: A minimum of 34%of the Gap Housing units built shall be reserved and
priced for a qualified buyer(s) earning 81%to 99.9%of the MSA.
2) Group B: A minimum of 33%of the Gap Housing units built shall be reserved and
priced for a qualified buyer(s) earning 100%to 119.9% of the MSA.
3) Group C: The developer may elect to sell more units in groups A and/or B than are
required. A minimum of the remaining percentage of the total Gap Housing units built
shall be reserved and priced for a qualified buyer(s)earning 120%to 150%of the MSA.
By way of example:
Example 1: A three person household earns a total household income of$ 50,000 annually
Group A) and can therefore spend no more than$ 15, 000 annually on the above defined
household expenses. Assuming the following: a down payment of 5%, a 4%interest rate,a 30
year amortization, $ 1,400 per year in property insurance, and$2,422 per year in property taxes,
the qualified buyers could qualify to purchase a designated Gap Housing unit in the development
at a sale price of$205, 300.
Example 2: A four person household earns a total household income on 68, 000 annually (
Group B)and can therefore spend no more than$ 20,400 annually on the above defined
household expenses. Assuming the following: a down payment of 5%, a 4%interest rate,a 30
year amortization, $ 1,400 per year in property insurance, and$ 3, 385 per year in property
taxes,the qualified buyers could qualify to purchase a designated Gap Housing unit in the
development at a sale price of$286, 900.
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J
EXHIBIT"C"-Rental
The Developer agrees that a minimum of 40% of the dwelling units constructed,above the base
density of 3 units per acre, shall be offered first to persons qualifying for Gap Housing(persons
earning between 81% and 150%of the MSA as further defined above)subject to the above
conditions. The percent of Gap Housing dwelling units shall be marketed as follows during the
Offering Periods:
1) Group A: Renter(s)earning 81%to 99%of the MSA.
2) Group B: Renter(s)earning 100%to 119%of the MSA.
3) Group C: Renter(s) earning 120%to 150% of the MSA.
4) In lieu of an identified rental price for the GAP Housing units, the pricing shall be
based upon the qualified renter and or renters income to spend no more than 30% of
the gross household income for rent and utilities (subject to the conditions contained
within the Agreement).
5) For those households meeting the GAP requirements,the minimum household
occupancy per unit is as follows, and may be waived to a lower number of occupants by
the owner/developer:
a. One Bedroom: minimum household occupancy of 1
b. Two Bedroom:minimum household occupancy of 2
c. Three Bedroom: minimum household occupancy of 3
By way of example:
Example 1: A one person household earns a total household income of$37,716 annually(Group
A)and can therefore spend no more than$11,315 annually on the above defined household
expenses. The maximum rental rate,including Utilities that can be charged to this household is
$943/month.
Example 2: A two person household and an additional one person household are co-tenants in a 2
bedroom rental unit. The co-tenants earn a combined qualified income of$60,000 annually
(Group B) and can therefore spend no more than$18,000 annually on the above defined
household expenses. The maximum rental rate,including Utilities that can be charged to this
household(s)is $1,500/month.
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EXHIBIT"D"
APPLICATION FOR GAP HOUSING UNIT
(If there are more than two income earning household members,please complete additional forms)
Date Occupancy Desired: Date of Application: Amt.of Sec.Deposit:
Your Name: Race/National Origin:Handicap: Yes No
Co-Tenant Name: Race/National Origin:Handicap: Yes No
Present Address:
Street City State Zip Telephone No.
Name of Landlord: How Long at this Address:
Landlord's Address: 11
11
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years,please state previous address:
Street City State Zip Telephone No.
r
APPLICANT:
Present Employers Name: �I
II
Address and Telephone No.:
How long with Present Employer: Job Title:
Gross Salary:Hourly$ Weekly$ Every 2 Weeks$ Monthly
$
Social Security Number:
Previous Employers Name:
Address and Telephone No.: .
How long with Previous Employer: Job Title:
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CO-TENANT:
Present Employers Name:
Address and Telephone No.:
How long with Present Employer: Job Title:
Gross Salary: Hourly$ Weekly$ Every 2 Weeks$ Monthly
Social Security Number:
Previous Employers Name:
Address and Telephone No.:
How long with Previous Employer: Job Title:
NAMES OF ALL WHO OCCUPY UNIT BIRTH DATE SEX AGE
SOCIAL SECURITY
1.
2.
3.
PERSONAL REFERENCE(Not Relatives)
1.Name: Address: How Long
Known:
2.Name: Address: How Long
Known:
Signature of Tenant/Applicant Date
Signature of Co-Tenant/Applicant Date
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/v
EXHIBIT"E",Part 1
GAP 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 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 from income pensions,stocks,bonds,real property rent, sale,or ownership is
a fraudulent act punishable by law.
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 Comp $ $ $ $
Welfare $ $ $ $
Food Stamps $ $ $ $
Social Security $ $ $ $
Soc Security Disability $ $ $ $
Supplemental SSI $ $ $ $
Family Assistance $ $ $ $
Child Support $ $ $ $
Veterans Benefits $ $ $ $
Widows Benefits $ $ $ $
Union Pension $ $ $ $
Self-Employment Business,
Silent Partner,etc. $ $ $ $
Private Insurance Pension $ $ $ $
TOTAL ANNUAL INCOME $ $
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Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this wilt 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. I authorize
release of income related information for the purposes of validating reported income.
PLEASE ATTACH VERIFICATION OF EACH OF THE INCOME SOURCES CITED. 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, WORKFORCE, OR
GAP 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, WORKFORCE, OR
GAP HOUSING UNIT.
Signature of Tenant/Applicant Date
Signature of Co-Tenant/Applicant Date
Signature of Co-Tenant/Applicant Date
1 i
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EXHIBIT"E",Part 2
GAP HOUSING APPLICANT INCOME CERTIFICATION
(FORM MUST BE COMPLETED BY EACH INCOME EARNING HOUSEHOLD MEMBER)
APPLICANT:
Present Employer: Job Title:
Address:
Street City State Zip
1, ,hereby authorize the release of the information requested
on this certification form.
(Applicant)
Signature of Applicant
STATE OF FLORIDA )
)ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally know to me or has produced as
identification.
Witness my hand and official seal this day of
20
(notary seal)
Notary Public
My Commission Expires:
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EXHIBIT"F"
APPLICANT INCOME CERTIFICATION FORM-EMPLOYER CERTIFICATION
(I for each applicant with income)
Business or Employer Name:
Business or Employer Address:
Business or Employer Phone Number:
Name of person at business completing this form:
Position of person completing this form(i.e.supervisor,human resources)
Applicant's Gross Annual Income or Rate of Pay: $
Number of Hours Worked(Weekly): . Frequency of Pay:
Amount of Bonuses,Tips,or other Compensation Received: $ $
Monthly Annually
Supervisor/Information Provider Date
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 ,20_.
(notary seal)
Notary Public
My Commission Expires:
THE CERI'II'ICATION 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 GAP UNIT.
•
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EXHIBIT"G"
ASSIGNMENT OF AGREEMENT CONFIRMING ESP DENSITY BONUS AND
IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY
THIS Assignment of Agreement Confirming GAP Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property ("Assignment") is made and entered into as of this
day of , 20_, by and between ("Assignor") and
("Assignee").
STATEMENT OF FACTS
A. Assignor heretofore entered into an Agreement Confirming ESP Housing Density Bonus
and Imposing Covenants and Restrictions on Real Property with Collier County on
("Contract"). Assignor wishes to assign the Contract to Assignee and the
parties have entered into this Assignment.
Now therefore, for good and valuable consideration, receipt of which is hereby yy
acknowledged,the parties hereby agree as follows: it
1. The above recitals are true and correct.
t over unto Assignee all of
2. Assignor hereby sells, assigns, conveys, grants and sets g
Assignor's right,title and interest in and to the Contract.
3. Assignee hereby accepts this assignment of the Contract, and agrees to perform and keep
all terms, conditions, covenants, agreements, liabilities and obligations to be performed
by the Assignor under the Contract. Assignor shall be relieved of any further obligations
under the Contract.
4. This Assignment shall inure to the benefit of and be binding upon the parties hereto and
their respective successors and assigns.
5. This Assignment shall be governed by and construed under the laws of the State of
Florida.
IN WITNESS WHEREOF, Assignor and Assignee have caused this instrument to be
executed on the date reflected above.
Assignor: Assignee:
Name of Entity
By: By:
Print: Print:
Title: Title:
Date: Date:
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