Agenda 07/12/2016 Item #16D12 7/12/2016 16.D.12.
EXECUTIVE SUMMARY
Recommendation to waive Affordable Housing Density Bonus Land Development Code Section
2.06.04 A.11 to allow for one otherwise qualified individual that may be considered to be affiliated
with the Developer to occupy an Affordable Housing Density Bonus unit.
OBJECTIVE: To implement Collier County affordable housing programs.
CONSIDERATIONS: Collier County has been presented with an applicant for the Affordable Housing
Density Bonus (AHDB) program that is otherwise qualified for the program, but may be considered an
affiliate of the Developer. In the AHDB language in the Land Development Code(LDC) Section 2.06.04,
A.11 states "No affordable housing unit in any building or structure in the development shall be occupied
by the developer, any person related to or affiliated with the developer, or resident manager."
In this instance, the applicant Gregory Kee is employed by a marketing firm hired by the developer to
market the homes. Absent a definition in this code section, or in the LDC, for the word "affiliated," an
opinion was requested from the County Attorney as to whether the specific situation presented was to be
considered an affiliated individual, or not. This was the opinion:
"It is our office's opinion that the developer's marketing firm's employee may apply for an affordable
housing unit at Bristol Pines. If determined to be eligible the employee may be selected if: 1) there are
vacant AHDB units due to the lack of qualified applicants and 2) the Board of County Commissioners
waives, by way of an agenda item, Land Development Section 2.06.04 A.11. In other instances where
there is a potential affiliation,this approach should also be used."
Staff has confirmed there are vacant units due to the lack of qualified applicants, and has confirmed the
applicant Gregory Kee would otherwise qualify.
Approval of this item confirms the Board's agreement to waive the Land Development Section 2.06.04
A.11 for this one applicant.
FISCAL IMPACT: The proposed action has no new fiscal impact.
GROWTHMANAGEMENTIMPACT: Acceptance and implementation of this recommendation will
further Goals, Objectives, and Policies within the Housing Element 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 waives Affordable Housing Density
Bonus Land Development Code Section 2.06.04 A.11 to allow for one otherwise qualified individual that may
be considered to be affiliated with the Developer to occupy an Affordable Housing Density Bonus unit.
Prepared by:Kim Grant,Director,Community and Human Services Division
Attachments:
1. Section 2.06 Of the LDC
2. Bristol Pines Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.12.
Item Summary: Recommendation to waive Affordable Housing Density Bonus Land
Development Code Section 2.06.04 A.11 to allow for one otherwise qualified individual that
may be considered to be affiliated with the Developer to occupy an Affordable Housing Density
Bonus unit.
Meeting Date: 7/12/2016
Prepared By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
6/23/2016 11:42:59 AM
Approved By
Name: GrantKimberley
Title: Division Director-Cmnty&Human Svc, Community&Human Services
Date: 6/24/2016 2:14:32 PM
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 6/26/2016 10:34:12 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 6/27/2016 11:44:25 AM
Name: LopezMaggie
Title: Supervisor-Accounting, Community &Human Services
Date: 6/27/2016 5:17:33 PM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 6/28/2016 12:38:25 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
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Date: 6/28/2016 2:41:45 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 6/30/2016 2:45:53 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/6/2016 7:54:15 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 7/6/2016 9:52:13 AM
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2.06.00-AFFORDABLE HOUSING DENSITY BONUS
2.06.01-Generally
A. Within most of the coastal urban designated areas identified on the future land use map of the Collier
County GMP, a base density of four (4) residential dwelling units per gross acre is permitted.
However, the base density may be adjusted depending on the characteristics of the development.
One characteristic of a housing development which would allow the addition of density bonuses in
order to increase the density over the base density is the provision of affordable housing in the
development. The provision of affordable housing units may add up to eight (8) dwelling units per
gross acre to the base density of four (4) residential dwelling units per gross acre, for a total of
twelve (12) residential dwelling units per gross acre, plus any other density bonuses available, and
minus any density reduction for traffic congestion area required, pursuant to the Collier County GMP.
The total eligible density must not exceed a total of sixteen (16) dwelling units per gross acre, except
as allowed through use of transfer of development rights, as provided for in the growth management
plan. The program to accomplish this increase to provide affordable housing is called the affordable
housing density Bonus (ADHB) program.
B. Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future
land use map of the growth management plan, base densities are four or six or eight residential
dwelling units per gross acre. However, the base density may be adjusted depending on the
characteristics of the development. One characteristic of a housing development that would allow the
addition of density bonuses is the provision of affordable housing in the development. The provision
of affordable housing units may add up to eight dwelling units per gross acre to the base density of
four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen
residential dwelling units per gross acre, plus any other density bonuses available. The total eligible
density must not exceed a total of 16 dwelling units per gross acre.
C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the
future land use map of the growth management plan, towns, villages, hamlets and compact rural
developments are allowed at a density range of one-half to four dwelling units per gross acre. The
allowed density may be adjusted depending on the characteristics of the development. One
characteristic of a housing development that would allow the addition of density bonuses is the
provision of affordable housing in the development. The provision of affordable housing units may
add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units
per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling units per
gross acre, plus any other density bonuses available.
D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the
AHDB from the County for a development in accordance with this section, especially in accordance
with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring
program, and the limitations on the AHDB.
1. Preapplication conference. Prior to submitting an application for AHDB, a preapplication
conference may be scheduled with the County Manager or his designee. If the proposed
development is to include affordable housing, the housing and urban improvement director must
participate in the preapplication conference. The preapplication conference provides an
opportunity to familiarize the applicant with the AHDB program and provides an opportunity for
the county staff to obtain a clear understanding of the proposed development. The AHDB rating
system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions,
standard forms, and other information will be discussed and made available to the applicant.
Depending on the type of development proposed, the application may be combined with an
application for a planned unit development(PUD), a rezone, or a Stewardship Receiving Area.
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2. Application. An application for AHDB for a development must be submitted to the County
Manager or his designee in the form established by the County Manager or his designee. One
additional copy of the application as otherwise required must be provided for the housing and
urban improvement director. The application must, at a minimum, include:
a. Zoning districts proposed by the applicant on the property and acreage of each;
b. The total number of residential dwelling units in the proposed development, categorized by
number of bedrooms and whether the unit is to be rented or owner-occupied;
c. The total number of AHDB units requested, categorized by number of bedrooms and
whether the unit is to be rented or owner-occupied;
d. Total number of affordable housing units proposed in the development categorized by level
of income, number of bedrooms, and rental units and owner-occupied units:
i. Moderate income households (one bedroom, two bedrooms, or three bedrooms or
more).
ii. Low income households (one bedroom, two bedrooms, or three bedrooms or more).
iii. Very low income households (one bedroom, two bedrooms, or three bedrooms or
more).
iv. Total affordable housing units (one bedroom, two bedrooms, or three bedrooms or
more).
e. Gross density of the proposed development;
f. Whether the AHDB is requested in conjunction with an application for a planned unit
development (PUD), an application for rezoning, an application for a Stewardship
Receiving Area, or a conditional use application for a Commercial Mixed Use project as
provided for within section 4.02.38 of the LDC; and
g. Any other information which would reasonably be needed to address the request for AHDB
for the development pursuant to the requirements set forth in this section.
3. Determination of completeness. After receipt of an application for AHDB, the housing and urban
improvement director shall determine whether the application submitted is complete. If he
determines that the application is not complete, the housing and urban improvement director
shall notify the applicant in writing of the deficiencies. The housing and urban improvement
director shall take no further steps to process the application until the deficiencies have been
remedied.
4. Review and recommendation by the County Manager or designee. After receipt of a completed
application for AHDB, the County Manager or designee must review and evaluate the
application in light of the AHDB rating system, the AHDB monitoring program and the
requirements of this section. The County Manager or designee must coordinate with the
development services director to schedule the AHDB application with the companion application
for rezoning, planned unit development or stewardship receiving area, and must recommend to
the planning commission and the BCC to deny, grant, or grant with conditions, the AHDB
application. The recommendation of the County Manager or designee must include a report in
support of recommendation.
5. Review and recommendation by the planning commission. Upon receipt by the planning
commission of the application for AHDB and the written recommendation and report of the
County Manager or designee, the planning commission must schedule and hold a properly
advertised and duly noticed public hearing on the application. If the application has been
submitted in conjunction with an application for a PUD, then the hearing must be consolidated
and made a part of the public hearing on the application for the PUD before the planning
commission, and the planning commission must consider the application for AHDB in
conjunction with the application for the PUD. If the application has been submitted in
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conjunction with an application for a rezoning, then the hearing must be consolidated and made
a part of the public hearing on the application for rezoning before the planning commission, and
the planning commission must consider the application for AHDB in conjunction with the
application for rezoning. If the application has been submitted in conjunction with an application
for a stewardship receiving area, then the hearing must be consolidated and made a part of the
public hearing on the application for stewardship receiving area before the planning
commission, and the planning commission must consider the application for AHDB in
conjunction with the application for stewardship receiving area. After the close of the public
hearing, the planning commission must review and evaluate the application in light of the
requirements of this section and the requirements for a rezoning, PUD rezoning, or stewardship
receiving area, as applicable, and must recommend to the BCC that the application be denied,
granted or granted with conditions.
6. Review and determination by Board of County Commissioners. Upon receipt by the BCC of the
application for AHDB and the written recommendation and report of the County Manager or
designee and recommendation of the planning commission, the BCC must schedule and hold a
properly advertised and duly noticed public hearing on the application. If the application has
been submitted in conjunction with an application for a planned unit development (PUD), then
the hearing must be consolidated and made a part of the public hearing on the application for
the planned unit development (PUD) before the BCC, and the BCC must consider the
application for AHDB in conjunction with the application for the planned unit development
(PUD). If the application has been submitted in conjunction with an application for a rezoning,
then the hearing must be consolidated and made a part of the public hearing on the application
for rezoning before the BCC, and the BCC must consider the application for AHDB in
conjunction with the application for rezoning. If the application has been submitted in
conjunction with an application for a stewardship receiving area, then the hearing must be
consolidated and made a part of the public hearing on the application for stewardship receiving
area before the BCC, and the BCC must consider the application for AHDB in conjunction with
the application for stewardship receiving area. After the close of the public hearing, the BCC
must review and evaluate the application in light of the requirements of this section and the
requirements for a rezoning, and must deny, grant, or grant with conditions, the application in
accordance with the AHDB rating system and the AHDB monitoring program.
E. The procedures to request approval of a density bonus are described in Chapter 10 of this LDC,
along with requirements for the developer's agreement to ensure compliance.
(Ord. No. 05-27, § 3.G; Ord. No. 06-63, § 3.K)
2.06.02-Purpose and Intent
A. Section 2.06.00 is intended to implement and be consistent with the GMP, § 163.3161 et seq. F.S,
Rule 9J-5, F.A.C., and the Stipulated Settlement Agreement in DOAH Case No. 89-1299 GM, by
providing for moderate, low, and very low income housing through the use of density bonuses which
allow an increase in the number of residential dwelling units per acre allowed on property proposed
for development, thereby decreasing the per unit cost of land and development.
B. This objective is accomplished by implementing an AHDB program which consists of an AHDB rating
system and an AHDB monitoring program. The purpose of the AHDB rating system is to provide
increased residential densities to developers who guarantee that a portion of their housing
development will be affordable by households of moderate, low, or very low income, thus expanding
housing opportunities for moderate, low, and very low income households throughout the county.
The purpose of the AHDB monitoring program is to provide assurance that the program is properly
implemented, monitored, and enforced, and that useful information on affordable housing may be
collected.
2.06.03-AHDB Rating System
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A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted
for a development, based on household income level, 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 AHDB rating system, Table A below, shall be used. Table A shall be
reviewed and updated, if necessary, on an annual basis by the BCC or its designee.
1. First, choose the household income level (50% of median income, 60% of median income, or
80% of median income) of the affordable housing unit(s) proposed in the development, and the
type of affordable housing units (owner-occupied or rental, single-family or multi-family, where
applicable) to be provided, as shown in Table A. An AHDB based on the household income
level is shown in Table A. Table A will indicate the maximum number of residential dwelling
units per gross acre that may be added to the base density. These additional residential
dwelling units per gross acre are the maximum AHDB available to that development.
Developments with percentages of affordable housing units which fall in between the
percentages shown on Table A shall receive an AHDB equal to the lower of the 2 percentages it
lies between, plus 1/10 of a residential dwelling unit per gross acre for each additional
percentage of affordable housing units in the development. For example, a development which
has 24 percent of its total residential dwelling units as affordable housing units, at the 80
percent MI level will receive an AHDB of 2.4 residential dwelling units per gross acre for the
development.
2. Where more than 1 type of affordable housing unit (based on level of income shown in Table A)
is proposed for a development, the AHDB for each type shall be calculated separately. After the
AHDB calculations for each type of affordable housing unit have been completed, the AHDB for
each type of unit shall be added to those for the other type(s) to determine the maximum AHDB
available for the development. In no event shall the AHDB exceed eight (8) dwelling units per
gross acre.
Table A. Affordable-Workforce-Gap Housing Density Bonus
(Additional Available Dwelling Units Per Gross Acre)
Maximum Allowable Density Bonus by Percent of Development Designated
as Affordable-Workforce-Gap Housing
Household
Product Income 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
(% median)
i
81-150%
Gap Ml* ** 1 2 3 4 5 6 6 6 6 n/a
Workforce 61-80%MI* 2 3 5 8 8 8 8 8 8 8
Low
51-60%
3 4 6 8 8 8 8 8 8 8
Very Low 50%or less 4 5 7 8 8 8 8 8 8 8
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MI
*Owner-occupied only
**May only be used in conjunction with at least 10% at or below 80% MI
Total Allowable Density = Base Density + Affordable-Workforce-Gap Housing Density Bonus
In no event shall the maximum gross density allowed exceed 16 units per acre.
B. The AHDB shall be available to a development only to the extent that it otherwise complies and is
consistent with the GMP and the land development regulations, including the procedures,
requirements, conditions, and criteria for"PUDs"and rezonings, where applicable.
C. The minimum number of affordable housing units that shall be provided in a development pursuant
to this section shall be ten (10) affordable housing units.
D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to the ratio of
the number of bedrooms per residential unit for the entire development.
(Ord. No. 05-27, § 3.H; Ord. No. 06-14, § 3.A)
2.06.04- Limitations on Affordable Housing Density Bonus
Anything to the contrary notwithstanding, the following limitations and conditions shall apply to all of
the AHDB for a development:
A. Affordable housing density bonus development agreement required. The AHDB shall be
available to a development only when an AHDB development agreement has been entered into
by the developer/ applicant and the BCC, and such agreement has been approved by the
county attorney and the BCC pursuant to the public hearing process established in this section
prior to execution. Amendments to such agreement shall be processed in the same manner as
the original agreement. The AHDB development agreement shall include, at a minimum, the
following provisions:
1. Legal description of the land subject to the agreement and the names of its legal and
equitable owners.
2. Total number of residential dwelling units in the development.
3. Minimum number of affordable housing units, categorized by level of household income,
type of unit (single-family or multifamily, owner-occupied or rental), and number of
bedrooms, required in the development.
4. Maximum number of AHDB dwelling units permitted in the development.
5. Gross residential density of the development.
6. Amount of monthly rent for rental units, or the price and conditions under which an owner-
occupied unit will be sold, for each type of affordable housing unit in accordance with the
definition for each type of affordable housing rental unit(moderate, low, and very low).
7. The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a
low or very low income family shall not exceed 90 percent of the rent charged for a
comparable market rate dwelling in the same or similar development. Comparable market
rate means the rental amount charged for the last market rate dwelling unit of comparable
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square footage, amenities, and number of bedrooms, to be rented in the same
development.
8. No affordable housing unit in the development shall be rented to a tenant whose household
income has not been verified and certified in accordance with this division as moderate,
low, or very low income family. Such verification and certification shall be the responsibility
of the developer and shall be submitted to the County Manager or his designee for
approval. Tenant income verification and certification shall be repeated annually to assure
continued eligibility.
9. No affordable housing unit that is to be sold, leased with option to purchase, or otherwise
conveyed in the development shall be sold, leased with option to purchase, or otherwise
conveyed to a buyer whose household income has not been verified and certified in
accordance with this section as moderate, low, or very low income family. Such verification
and certification shall be the responsibility of the developer and shall be submitted to the
County Manager or his designee for approval. It is the intent of this section to keep housing
affordable; therefore, any person who buys an affordable housing unit must agree, in a lien
instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that
if he sells the property (including the land and/or the unit) within 15 years after his original
purchase at a sales price in excess of five percent per year of his original purchase price
that he will pay to the county an amount equal to one-half of the sales price in excess of
five percent increase per year. The lien instrument may be subordinated to a qualifying first
mortgage.
10. For example, a person originally buys a designated affordable housing unit (a house) for
$60,000.00 and sells it after five years for $80,000.00. A five percent increase per year for
five years will give a value of $76,577.00. Deducting this amount from the sales price of
$80,000.00 gives a difference of $3,423.00. The seller would then owe the county
$1,711.50 (one-half of $3,423.00). Payment of this amount would release the first owner
from the recorded lien against the property. Such payment shall be maintained in a
segregated fund, established by the county solely for affordable housing purposes, and
such money shall be used solely to encourage, provide for, or promote affordable housing
in Collier County.
11. No affordable housing unit in any building or structure in the development shall be
occupied by the developer, any person related to or affiliated with the developer, or a
resident manager.
12. When the developer advertises, rents, sells or maintains the affordable housing unit, it
must advertise, rent, sell, and maintain the same in a nondiscriminatory manner and make
available any relevant information to any person who is interested in renting or purchasing
such affordable housing unit. The developer shall agree to be responsible for payment of
any real estate commissions and fees. The affordable housing units in the development
shall be identified on all building plans submitted to the county and described in the
application for AHDB.
13. The developer shall not disclose to persons, other than the potential tenant, buyer or
lender of the particular affordable housing unit or units, which units in the development are
designated as affordable housing units.
14. The square footage, construction and design of the affordable housing units shall be the
same as market rate dwelling units in the development.
15. The AHDB agreement and authorized development shall be consistent with the growth
management plan and land development regulations of Collier County that are in effect at
the time of development. Subsequently adopted laws and policies shall apply to the AHDB
agreement and the development to the extent that they are not in conflict with the number,
type of affordable housing units and the amount of AHDB approved for the development.
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16. The affordable housing units shall be intermixed with, and not segregated from, the market
rate dwelling units in the development.
17. The conditions contained in the AHDB development agreement shall constitute covenants,
restrictions, and conditions which shall run with the land and shall be binding upon the
property and every person having any interest therein at anytime and from time to time.
18. The AHDB development agreement shall be recorded in the official records of Collier
County, Florida, subsequent to the recordation of the grant deed pursuant to which the
developer acquires fee simple title to the property.
19. Each affordable housing unit shall be restricted to remain and be maintained as the type of
affordable housing rental unit (moderate, low or very low income) designated in
accordance with the AHDB development agreement for at least 15 years from the issuance
of a certificate of occupancy for such unit.
20. The developer and owner of the development shall provide on-site management to assure
appropriate security, maintenance and appearance of the development and the dwelling
units where these issues are a factor.
B. Compliance with growth management plan and land development regulations. The AHDB shall
be available to a development only to the extent that it otherwise complies and is consistent with
the GMP and the land development regulations, including the procedures, requirements,
conditions and criteria for planned unit developments (PUDs) and rezonings, where applicable.
C. Minimum number of affordable housing units. The minimum number of affordable housing units
that shall be provided in a development pursuant to this section shall be ten affordable housing
units.
D. Nontransferable. The AHDB is not transferrable between developments or properties.
E. Phasing. In the case where a development will occur in more than one phase, the percentage of
affordable housing units to which the developer has committed for the total development shall
be maintained in each phase and shall be constructed as part of each phase of the
development on the property. For example, if the total development's AHDB is based on the
provision of ten percent of the total dwelling units as affordable housing rental units for low
income households with two bedrooms per unit, then each phase must maintain that same
percentage (ten percent in this case) cumulatively.
(Ord. No. 04-72, § 3.H)
2.06.05-Affordable Housing Density Bonus Monitoring Program
A. Annual progress and monitoring report. The AHDB for a development shall be subject to the AHDB
monitoring program set forth in this section. The developer shall provide the County Manager or his
designee with an annual progress and monitoring report regarding the delivery of affordable housing
rental units throughout the period of their construction, rental and occupancy for each of the
developer's developments which involve the AHDB in a form developed by the County Manager or
his designee. The annual progress and monitoring report shall, at a minimum, require any
information reasonably helpful to ensure compliance with this section and provide information with
regard to affordable housing in Collier County. To the extent feasible, the County Manager or his
designee shall maintain public records of all dwelling units (AHDB and affordable housing units)
constructed pursuant to the AHDB program, all affordable housing units constructed pursuant to the
AHDB program, occupancy statistics of such dwelling units, complaints of violations of this section
which are alleged to have occurred, the disposition of all such complaints, a list of those persons
who have participated as tenants or buyers in the AHDB program, and such other records and
information as the County Manager or his designee believes may be necessary or desirable to
monitor the success of the AHDB program and the degree of compliance therewith. Failure to
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complete and submit the monitoring 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.
B. Income verification and certification.
1. Eligibility. The determination of eligibility of moderate, low, and very low income families to rent
or buy and occupy affordable housing units is the central component of the AHDB monitoring
program. Family income eligibility is a three-step process: (1) submittal of an application by a
buyer or tenant; (2) verification of family income; and (3) execution of an income certification. All
three shall be accomplished prior to a buyer or tenant being qualified as an eligible family to rent
or purchase and occupy an affordable housing unit pursuant to the AHDB program. No person
shall occupy an affordable housing unit provided under the AHDB program prior to being
qualified at the appropriate level of income (moderate, low or very low income).
2. The developer shall be responsible for accepting applications from buyers or tenants, verifying
income and obtaining the income certification for its development which involves AHDB, and all
forms and documentation must be provided to the County Manager or his designee prior to
qualification of the buyer or tenant as a moderate, low or very low 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 or tenant, the
developer shall provide to the County Manager or his designee, at a minimum, the application
for affordable housing qualification, including the income verification form and the income
certification form, and the purchase contract, lease, or rental agreement for that qualified buyer
or tenant. At a minimum, the lease shall include the name, address and telephone number of
the head of household and all other occupants, a description of the unit to be rented, the term of
the lease, the rental amount, the use of the premises, and the rights and obligations of the
parties. Random inspections to verify occupancy in accordance with this section may be
conducted by the County Manager or his designee.
3. Application. A potential buyer or tenant shall apply to the developer, owner, manager, or agent
to qualify as a moderate, low, or very low income family for the purpose of renting and
occupying an affordable housing rental unit pursuant to the AHDB program. The application for
affordable 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.
4. Income verification. The County Manager or his designee or the developer shall obtain written
verification from the potential occupant (including the entire household) to verify all regular
sources of income to the potential tenant (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, tenant verification of the return, 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.
5. Income certification. Upon receipt of the application and verification of income, an income
certification form shall be executed by the potential buyer or tenant (including the entire
household) prior to sale or rental and occupancy of the affordable housing unit by the owner or
tenant. Income certification that the potential occupant has a moderate, low, or very low
household income qualifies the potential occupant as an eligible family to buy or rent and
occupy an affordable housing unit under the AHDB program. The income certification shall be in
a form provided by the County Manager or his designee.
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(Ord. No. 04-72, § 3.I)
2.06.06-Violations and Enforcement
A. Violations. It is a violation of section 2.06.00 to rent, sell or occupy, or attempt to rent, sell or occupy,
an affordable housing rental unit provided under the AHDB program except as specifically permitted
by the terms of section 2.06.00, or to knowingly give false or misleading information with respect to
any information required or requested by the County Manager or his designee or by other persons
pursuant to the authority which is delegated to them by section 2.06.00.
B. Notice of violation. Whenever it is determined that there is a violation of section 2.06.00, a notice of
violation shall be issued and sent by the County Manager or his designee by certified return receipt
requested U.S. mail, or hand delivery to the person or developer in violation of section 2.06.00. The
notice of violation shall be in writing, shall be signed and dated by the County Manager or his
designee or such other county personnel as may be authorized by the BCC, shall specify the
violation or violations, shall state that said violation(s) shall be corrected within ten days of the date
of notice of violation, and shall state that if said violation(s) is not corrected by the specified date that
civil and/or criminal enforcement may be pursued. If said violation(s) is not corrected by the specified
date in the notice of violation, the County Manager or his designee shall issue a citation which shall
state the date and time of issuance, name and address of the person in violation, date of the
violation, section of these regulations, or subsequent amendments thereto, violated, name of the
County Manager or his designee, and date and time when the violator shall appear before the code
enforcement board.
C. Criminal enforcement. Any person who violates any provision of this section shall, upon conviction,
be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail for a
term not to exceed 60 days, or by both, pursuant to the provisions of F.S. § 125.69. Such person
also shall pay all costs, including reasonable attorneys fees, including those incurred on appeal,
involved in the case. Each day such violation continues, and each violation, shall be considered a
separate offense.
D. Civil enforcement. In addition to any criminal penalties which may be imposed pursuant to section
2.06.06 C. above, Collier County and the County Manager or his designee shall have full power to
enforce the terms of this section and any AHDB development agreements, rezoning conditions or
stipulations, and planned unit development(PUD) conditions and stipulations pursuant to this section
and the rights, privileges and conditions described herein, by action at law or equity. In the event that
it is determined that a violation has occurred and has not or will not be corrected within 60 days, the
certificate of occupancy for all AHDB units within the development shall be withdrawn and the
sanctions or penalties provided in the AHDB development agreement shall be pursued to the fullest
extent allowed by law.
(Ord. No. 04-72, § 3.J)
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INSTR 5262057 OR 5269 PG 3454 RECORDED 5/5/2016 3:28 PM PAGES 29
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA 7/12/2016 16.D.12.
REC $248.00
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
�1 .lh
entered into and made on this oe(D day of ,2016,by and between BRISTOL
PINES, LLC (hereinafter referred to as"Developer") and Collier County(hereinafter referred to
as the"County").
WITNESSETH:
WHEREAS, the Board of County Commissioners, pursuant to its authority under
Section 163.3161 Fla. Stat.,pl seq.(the, -I ... . i Q emment Comprehensive Planning and
c-,, '`A,
Land Development Regulation A'et) as enacted Ordinance..,„9049, entitled the Collier County
Affordable Housing Density Bonus O ' ce`(the Ofdi ance'� ;and
i 1/..----1 ,-----`,- ! tk. A .
WHEREAS,purpo a anti i f ('fir *cels�tarassist in providing very low, low,
¢ r1 Ir
and moderate income housi A bu h h o'f y l r►use4, ch allow an increase in the
\ ..� ,
,1, /,....),
number of residential dwelling* its per acre allow n ra proposed for development,
\-. ''; /
thereby decreasing the per unit cost
\'''''--4,V
`and and developm"r f�an`d
WHEREAS, the Ordinance establis es Affordable Housing Density Bonus Program
that provides the process by which a developer may apply for a density bonus and implements
this program by requiring that an affordable housing density bonus shall only be available to a
developer through an affordable housing density bonus agreement between the developer and
County;and
WHEREAS,the County and Waterways Joint Venture IV,a Florida general partnership,
by and through its general partner, Waterways Development, Inc., entered into that certain
agreement entitled "Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property" attached hereto as Exhibit "A" and hereafter,the
"Density Bonus Agreement");and
1
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WHEREAS, the Density Bonus Agreement applies to a 42.6 acre site legally described
in the Density Bonus Agreement upon which was planned to be constructed as a multifamily
housing project in two Phases with a maximum number of 292 residential units,known as Bristol
Pines, Planned Unit Development Ordinance No. 05-64, (hereinafter the "Project"), with 29
affordable housing units required to be constructed, representing 10 percent of the total number
of residential Units in the Project and within each phase;and
WHEREAS, on Phase I of the Property 156 residential units were constructed with 10
affordable units approved by the County- strl gdi f shortfall of 6 affordable units;and
WHEREAS, on September W,2013, Developer``acg tine' d title to Phase II of the Project
and intends to construct 136 a residentiaLLnits`and-ass a all o the rights and responsibilities set
l / \ - \
forth in the Density Bonus Ogre men~t;� n l� �r \,`
WHEREAS, a con ov$rsy-4ists` e en�Deve oiler;Saila/ County over whether the
County may require that the`short:fall of 6 affordab*7housinig3mits in Phase I be constructed
\\":::1-,N, �. —/
within Phase II in addition to those 3;'affprdable housing its required under the terms of the
Density Bonus Agreement;and
WHEREAS, Developer has requested a waiver from the Code of Laws and Ordinances
Section 74-401 (a)(2),that requires that an application for impact deferral for affordable housing
units be submitted prior to receiving a building permit;and
WHEREAS, Developer and the County, without either party admitting any liability or
fault, desires to settle the controversy and any and all disputes that arise from, relate or refer in
any way,whether directly or indirectly,known or unknown;and
WHEREAS, Developer and the County desire to reduce the settlement to a writing so
that it shall be binding upon both parties' respective owners, principals, elected officials,
2
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officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors,assigns,heirs and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideration set forth in this Agreement, and with the intent to be legally bound,Developer and
the County agree as follows:
1. Developer and the County adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas Clauses",by reference into this Agreement.
2. Developer must construct' ,using units within Phase II of the
Project. /7 ,
I/ \
The County w 'vetli= '-finent`�f C de of haw and Ordinances Section 74-
/ /` --� :1 ' i`— tc� ac e t andprocess impact fee
401 (a)(2)related to timing f aplitrati sou`tiro • d a r8�es P P
deferral applications for 14 a ord�a"b e ou"sing`urilts=withi brie 1If sufficient funding exists,
‘1,,,,,k 'mJ
the County further agrees that` wII accept and proces$ mpapt ode/deferrals for the remaining 2
affordable housing units for a magi otal of 16 i'dhhb 'housing units. Impact fees paid
for issuance of a Certificate of Adequate Public-Pacil ties and approval of a Site Development
Plan are non-refundable and will not be refunded but applied as a credit to Developer in
accordance with Section 74-302(h)of the Code of Laws and Ordinances.
4. Developer agrees as follows: (a)perform all obligations and liabilities in accordance
with the terms of the Density Bonus Agreement, whether now or hereafter existing, fixed or
contingent; and (b) to be bound by and comply with all covenants, agreements, conditions, 1
restrictions and limitations pursuant to the Density Bonus Agreement, and including the
representations and warranties set forth in the Density Bonus Agreement, including, without
limitation,the restrictions concerning the operation of the Project and the transferring of multifamily
units therein. The Developer hereby assumes all liabilities and other obligations of the Density
2
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Bonus Agreement and Bristol Pines,Planned Unit Development Ordinance No. 05-64, as it may
be amended or otherwise modified, except with respect to the number of affordable housing unit
as discussed in Paragraph 2 above,and agrees to comply with and be bound by all the covenants,
agreements, conditions, representations, warranties, restrictions and limitations contained in, the
Density Bonus Agreement. County agrees that the location and size of affordable units which have
been constructed in Phase II meet the requirements of the Density Bonus Agreement.
5. In consideration of the resolution of the controversy, and for other good and
valuable consideration, the receipt and eqtiiTyit•Prtich is hereby acknowledged, Developer,
on behalf its attorneys, agents,,repr sentatives, insure , e ,;successors and assigns, hereby
expressly releases and forever disc/
hargesp the-County;-,as well as its elected officials, officers,
" ,
� t \
employees, ex-employees, ageqts,tourneys, r ernas}jsuicces
sors, assigns, insurers and
affiliates from any and all CIO-4446M' f acttpns, damages, costs, liens, attorney's
fees,expenses and obligations`of any kind or nature wIrtsceverikat it has asserted related to the
Density Bonus Agreement.
6. Notwithstanding anything''-that_ y---be to the contrary in this Settlement
Agreement, Developer and the County agree that either of them(as well as any other persons or
entities intended to be bound) shall, in the event of any breach, retain the right to enforce the
terms and conditions of this Settlement Agreement.
7. Developer and the County acknowledge and agree that this Settlement Agreement
is intended to and shall be binding upon their respective owners, principals, officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns,
spouses,heirs,and affiliates.
8. Developer and the County recognize and acknowledge that this Agreement
memorializes and states a settlement of disputed claims and nothing in this Agreement shall be
4
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construed to be an admission of any kind,whether of fault, liability, or of a particular policy or
procedure,on the part of either Developer or the County.
9. Developer and the County acknowledge and agree that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement is to be construed against any party based upon a claim that the party drafted the
ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision or language.
10. This Agreement may b t d by
a written instrument specifically
At
referring to this Agreement and eu ed with the same fCn ies as this Agreement.
% r
11. In the event of anj/allq�ge breach-of-titi Agreement Developer and the County
1 ` ha been extinguished bythis
\e—,agree that all underlying causes�`� ctib}�� s�c►�' e� �r, gu
Agreement and that the sple'.\Z 'e&y a Kaci f tl\ii ..Skgr4inent shall be for specific
performance of its terms and ,on ions or any damag ing„' am the breach. In this regard,
Developer and the County further,gnee4hat the sole .enue fof any such action shall be in the
�..I F[
Twentieth Judicial Circuit in and for Coln fida in Naples,Florida.
12. This Agreement shall be governed by the laws of the State of Florida.
13. Developer shall be solely responsible for the cost of recording of this Settlement
Agreement.
IN WITNESS WHEREOF, Developer, and the County have signed and sealed this
Agreement and Release as set forth below.
5
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AS TO COUNTY:
^�nr"
ATTEST' (,r
DWI T.B,$RQOK'Clerk. BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA
iLLBy >1�_ By lac,
Attest
De.u DO A FIALA,Chairman
s natureonly.
Approved as to form and 1-_ality:
• —
Jenni er A.Belpedio ,&� t)
Assistant County Atto dx
AS TO DEVELOPER: �r` `� t--------t~i
Bristol Pines,LL,a Florida limited 10,1lit mpa,n �! , \
//'' �� /fit
By:Jeffrey E.Sobel Revocable,L ' g Trust� AD)iily2 ,19.8'as iam nded
Ixs Managi "` e, ser — - �, I,%.-1
w fr ni
effrey E.Sobel,Trustee \\:7-1- ,.4' '' f
ti
STATE OF FLORIDA � _? 1���,�.;'s,,
COUNTY OF Palm Beach r` s-,�;�� {,�'._=--'`
Sworn to (or affirmed) and subscribed before me thisc9 C day of April , 2016,
by Jeffrey E. Sobel , who is (x ) personally known to me or ( )
produced as identification. /
02 ''
• • • Public-S R'e of Florida)
Lourdes Lopez
(Print,Type,or Stamp
A 1
'".PDF s ,uF Commissioned Name of Notary Public)
N to {P.iui c '..la t c4 1-,c)
•\..,6. ..,..-:Mi Comm Aput,Nov 29 20'o
Loir�sion #EE 80241 Commissioner Expires
11/29/16
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EXHIBIT
Prepared by:
Petrie*G.Whit
Ass%CoWc County MYy.
3301 Tamlami Mel Eel
Maples.FL 34112
This epees for recording
AGREEMENT AUTHORIZING AFFORDABLE HOUSING
DENSITY BONUS AND IMPOSING COVENANTS AND
RESTRICTIONS ON REAL PROPERTY
THIS AGREEMENT/fs,trrad oCt �.. day of , 2005, by and
between Waterways Joinf tuJ _Ftorida'a rt r�rtnershie(the"Developer)and
Co
Nth h-"
the Collier County and of County Commissioners ( e "C fnmission"), collectively, the
�s.___—_�_._�
"Parties."
a..iT t
//1"—'—'1`\j/77TItitrrAL13: 7. /7\ \
A. The Def eloPerLUy hs �f-a _,prop destrib-et1 in Exhibit "A" attached
i
hereto and incorpo t ,ed herein(The"Property") Ait is i►re Dot'e)dpers intent to construct a
>
maximum of two hur r, ,ninety two (292)residet)al utty,�(4he "Units") at a density of
\ %
6.85 units per gross a2rp the Property. The grans ac ege of Property is 4 acres.
The number of affordable Units 1u ec 1De'.vetoper shall be 22, representing 10
percent of the total number of residentia n is in the development.
B. In order to construct the Units,the Developer must obtain a density bonus from
the Commission for the Property as provided for In the Collier County Affordable Housing
Density Bonus Ordinance No. 90-89, now codified by Ordinance 04-41, as Land
Development Code(LDC)§2.06.00 et seq.,which density bonus can only be granted by
the Commission and utilized by the Developer in accordance with the strict limitations and
applicability of said provisions.
C. The Commission is willing to grant a density bonus to the Developer
authorizing the construction of one hundred twenty one(1211 bonus Units on the Property,
if the Developer agrees to construct affordable Units as specified In this Agreement.
Pape 1 of 22
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NOW, THEREFORE, in consideration of the approval and grant of the density
bonus of 2.85 units per acre requested by the Developer and the benefits conferred
thereby on the Property, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged,the Developer and the Commission hereby
covenant and agree as follows:
1. Recitals. The above Recitals are true and correct and are incorporated
herein by reference.
2. Developer Agreements.The Developer hereby agrees that it shall construct
thirty (301 affordable Units which Units shall be sold in accordance with the terms and
conditions of this Agreement end as specified by the attached Appendices A&B,Exhibits
A, 8, &C,and Appendix C,whJch p d eincorporated by reference herein and
which constitute a part of cif/ '� nt. "'"` rT
a. The followrincpruvisions shall be applicable o the\affordable Units:
/t \ \
(1) Defined ten's:ga_ibe•eVent-of-a-do ict between\terms as defined in the
/LDC or in Ordinance f S , Idaho\
4tt the.LDC will control when
applying or interpretin this Ag eatt�5r�these defined terms and the
'n E f F
applicability of LD��'��..'1?�•(34'`' ng"=smean,,;(a) the�phased construction of
buildings or structur s<fn eparate and distinct stages as shownron a PUD master plan,
subdivision master pia ,ot lite development plan'oR{b)in, developments where phased
construction is not dept "R n-a,.,PUD� master,plaa)uu'bdivision master plan or site
development plan,the construction o�'fi ,bulldih ;'Orlstruc6ures in a dearly defined series of
starts and finishes that are separate and distinct within the development.
(2) Median Income, For the purposes of this Agreement,the median income of
the area as defined by the U.S. Department of Housing and Urban Development(HUD)
shall be the then current median income for the Naples Metropolitan Statistical Area,
established periodically by HUD and published in the Federal Register, as adjusted for
family size as shown on the tables attached hereto as Appendix A,Exhibit C,which Exhibit
shall be adjusted from time to time in accordance with any adjustments that are authorized •
by HUD or any successor agency.In the event that HUD ceases to publish an established
median Income as aforesaid, the Parties hereto shall mutually agree to another 1
i
reasonable and comparable method of computing adjustments In median Income.
(3) Elloibility and Qualification of Owner. Family Income eligibility Is a three-
step process: 1) submittal of an application by a prospective Owner; 2) verification of
family housing unit provided under the affordable housing density bonus program prior to
being qualified at the appropriate level of Income (moderate income)In accordance with
this Section;3)certification of eligible Owner by the Financial Administration and Housing
Page 2 of 22 PMt
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Department.
The Developer shall be responsible for qualifying Owners by accepting applications,
verifying income and obtaining income certification for all affordable units in the subject
development.All applications,forms and other documentation required by this Agreement
shall be provided to the Financial Administration and Housing Department.Qualification by
the Developer of any persons as an eligible Owner family shall be subject to review and
approval In accordance with the monitoring and enforcement program in LDC§§2.06.05
end 2.06.06,respectively.
(a) Application. A potential owner shall apply to the developer,owner,manager,
or agent to qualify as a low income family for the purpose of owning and occupying an
affordable housing unit pursue t- ,gircrd . sing density bonus program. The
Preliminary Application four Able Housing"tinct be provided by the Financial
P`,
Administration and Ho-sing sing''.apartment as shown in Ap endh B, Exhibit A, attached to
this Agreement and ihcorpbra y reference"hertiln.
(b) Incoie Verification,- i }} er abe housing Unit in the
development shall be sod oss h sehood m6 he t been 111 erified and certified in
this r �e� a d X2.005.
accordance withs § yam.
(c) income rl tion. The Developershail obta h.. ritte!!! n verification from the
\' `•`(xf. / /r)/
potential occupant(in tt no the entire household)`to verify�tl/egular sources of income
(including the entire househp'�.i)~The most rece ede I Income tax return for the
potential occupants (including"-th4'ltfre s«sstiok)- nay be used for the purpose of
income verification,attached to the Affordable Housing Applicant Income Verification form,
including a statement to release information, occupant verification of the return, and a
signature block with the date of application. The verification shall be valid for up to one
hundred eighty(180)days prior to occupancy.Upon expiration of the 180 day period,the
information may be verbally updated from the original sources for an additional 30 days,
provided it has been documented by the person preparing the original verification. After
this time, a new verification form must be completed. The Affordable Housing Applicant •
Income Verification form shall be provided by the Financial Administration and Housing
Department as shown In Appendix B, Exhibit B, attached to this Agreement and
incorporated by reference herein.
(d) Income Certification, Upon receipt of the Preliminary Application for
Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the
Developer shall require than an income certification form be executed by the potential
occupant(including the entire household)prior to occupancy of the affordable housing unit
by the occupant. Income certification shall assure that the potential occupant has an
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appropriate household income which qualifies the potential occupant as an eligible family
to occupy an affordable housing unit under the affordable housing density bonus program.
The Affordable Housing Applicant Income Certification form shall be provided by the
Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is
attached to this Agreement and is incorporated by reference herein.
Random inspection of files containing required documentation to verify
occupancy in accordance with this Agreement and LDC§2.06.00, may be conducted by
the Financial Administration and Housing Department upon reasonable notice.
(4) Annual Prowess and Monitoring Report. The Developer shall provide the
Financial Administration and Housing Department an annual progress and monitoring
report regarding the delivery of off a q'zc sing„units throughout the period of their
construction and oc cup nc T e2,'annuattprog 're and.,monitoring report shall, at a
minimum, provide any f f�natton reasonably requi �t iiirle compliance with LOC §
2.06.00, or subsequent armindments`kthereto.,� report\sha'l be filed on or before
September 30 of each a ar.-aqd t ai it by the Developer to the
Financial Administratio 1 ani Hoijp'si�ge ��F�BCu '4 q coriplete and submit the
t l A r►�iriisir a nd Haus ID&� ment within sixty(60)
monitoring report to,tfia' Financial d _. e__ �. 9: l
days from the due date:shall result in a penatt of up'to fiftollars ($50.00) per day
'r /-:•.,—/
unless a written extens not to exceed thirty(30)tla s ia�requysted prior to expiration of
the sixty(60)day submis�F r�tqadiine. No more than 2-- L•-)/ may be granted
in a single year. --,,P r- ,-112,C,,,..7
(5) Occupancy Restrictions,-NO able Unit in any building or structure on
the Property shall be occupied by the Developer, any person related to or affiliated with
the Developer,or by a resident manager.
3. Density Bonus,The Commission hereby acknowledges that the Developer
has met all required conditions to qualify for a density bonus, in addition to the base
residential density of four(41 units per acre, and is therefore granted a density bonus of
2.85 density bonus units per acre,for a total density(total=density bonus units per acre X
gross acreage) of §,,@$ units/ac, pursuant to LDC § 2.06.00 The Commission further
agrees that the Developer may construct thereon,in the aggregate a maximum number of
two hundred ninety two (2921 units on the Property provided the Developer Is able to
secure building permit(s)from Collier County.
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4. Commission Agreement. During the term of this Agreement, the
Commission acting through the Financial Administration and Housing Department or its
successor(s)covenants and agrees to prepare and make available to the Developer any
general information that it possesses regarding income limitations and restrictions which
are applicable to the affordable Unit.
5. Violations and Enforcement
a. Violations,It shall be a violation of this Agreement and LDC§2.06.00
to sell or occupy,or attempt to sell or occupy, an affordable housing unit provided under
the affordable housing density bonus program except as specificatly permitted by the
terms of this Agreement;or to knowingly give false or misleading Information with respect
to any information required orend b 'Firtancial Administration and Housing
Department or by any oth 1pu'rsuantf'tr .which is delegated to them
by LDC§2.06.00 Collie(Co or its designee shall havfull r to enforce the terms
of this Agreement.The method ..ado neforcement-fo a breach\r violation of this Agreement
shall be at the opition`'o •,,I . loi
I j orc �ment pursuant to the
provisions of Section 12,.6 ,Fionda'Statute ' e forc merit as allowed by law.
..71
b. \�lotice— f Ola'n f•i a..a , , ...-/L1—(..., ti Board Proceedings.
Whenever it is determirf that there is a violatiori4 this Ag ent or of LDC§2.06.00,
that should be enforc&1 re the Code Enforc me t�'l� len a Notice of Violation
shall be issued and se t(,� appropriate ops meat by certified return-receipt
requested U.S.Mall, or hand dietivenr` g veIoper in violation. The Notice
of Violation shall comply with the requirements for such Notices.
c. Certificate of Occupancy. In the event that the Developer fails to
maintain the affordable units In accordance with this Agreement or LDC § 2.06.00, as
amended,at the option of the Commission, building permits or certificates of occupancy,
as applicable, may be withheld for any future planned or otherwise approved unit located
or to be located upon the Property until the entire project is in full compliance with this
Agreement and with LDC§2.06.00,as amended. •
6. 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,which consent may be
withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or
promises under this Agreement to any successor In Interest to the Property without the
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express written consent of the Commission as required by this Section shall be void ab
initlo.
7. Severability.If any section, phrase,sentence or portion of this Agreement is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,such
portion shall be deemed a separate, distinct, and independent provision, and all other
provisions shall remain effective and binding on the Parties.
8. Notice. Any notices desired or required to be given under this Agreement
shall be in writing and shall either be personally delivered or shall be sent by mail,postage
prepaid,to the Parties at the following addresses:
To the Commis'fon„- , Collier Co al Administration and
C7-7 Housing Depar'1m N".
f _ 2800 North Horse`trhoe rive
/ '`J^.NNaplles, Jo da 34104
To the`Devol Watervvf+s �►/erAire
t r t l( 911 raid F epidt4�$oulevard
' € ,.,��SAAtt Ids t: 34Rich 2d
r�' �.. F.,,,� ebtl •Richard ave�tpert
',
oodfi
With co yto\ Richard D;; ovarj{ni
oavich Es,quire
; 46001 lettoerenhlalhSsuoe
3P0A0.
Naples,FL
A-L ",�
Any Party may change the add esstc iiotie
k es•sre to be sent by notifying the other
Party of such new address in the manner set forth above.
9. authority to Monitor.The Parties hereto acknowledge that the Collier County
Financial Administration and Housing Department or its designee,shall have the authority
to monitor and enforce the Developer's obligations hereunder.
10. indemnify. The Developer hereby agrees to protect, defend, indemnify and
hold Collier County and its officers,employees,and agents harmless from end against any
and all claims, penalties, damages, losses and expenses, professional fees, including,
without limitation, reasonable attorney's fees and all costs of litigation and Judgments
arising out of any claim,willful misconduct or negligent act,error or omission,or liability of
any kind made by Developer, Its agents or employees,arising out of or Incidental to the
performance of this Agreement.
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11. Covenants.The Developer agrees that all of its obligations hereunder shall
constitute covenants,restrictions,and conditions which shall run with the land and shall be
binding upon the Property and against every person then having any ownership interest at
any time and from time to time until this Agreement is terminated in accordance with
Section 14 below. However,the Parties agree that If Developer transfers or conveys the
Property to another person or entity,Developer shall have no further obligation hereunder
and any person seeking to enforce the terms hereof shall look solely to Developer's
successor In interest for the performance of said obligations.
12. Recording.,This Agreement shall be recorded at County's expense in the
official records of Collier County,Florida.
13. Entire Aareement.,The? ies-h to-agree that this Agreement constitutes
the entire Agreement betw,e h arttes hereto,sn'i,, $11,inure to and be binding upon
f d P
their respective heirs,
//sd Scl es rs,and assigns. `\
\ \
14. Termination/ a�rdabie-nous a unit shall be restricted to remain and
be maintained as t rel' d lI ``e :.,./..In the LDC§2.06.1)4.
15. Modi catir" . ° his n, er�t s I e , od/ieil or lamended only by the
(
written agreement of Wirt' s. .... ;
` ice•,
16. Discrl�inatlon ;F�
\`4` --7m-- ,i ,/,'—‘,...
,^",/
a. Tt e ) yeelloper agrees that neithe5 li ,or'lts agents shall discriminate
against any owner or po r\�. ;: ner because of said\hwners race, color, religion, sex,
national origin,familial status,t) hr:,,_an . : "g L....
b. When the Developer-advertises, sells or maintains the affordable
housing unit,it must advertise sell,and maintain the same in a non-discriminatory manner
and shall make available any relevant information to any person who is interested in
purchasing such affordable housing unit.
c. The Developer agrees to be responsible for payment of any real
estate commissions and fees for which it is liable In the purchase and sale of affordable
units. •
d. The affordable housing units shall be intermixed with, and not
segregated from,the market rate dwelling units In the development.
e. The square footage, construction and design of the affordable
housing units shall be the same as market rate dwelling units in the development. All
physical amenities in the dwelling units, as described in Item number seven (7) of the
Developer Application for Affordable Housing Density Bonus shall be the same for market
rate units and affordable units. For developments where construction takes place In more
than one phase, all physical amenities as described In item number seven (7) of the
Paps 7 o122 rr I
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Developer Application for Affordable Housing Density Bonus shall be the same in both the
market rate units and the affordable units in each phase. Units in a subsequent phase
may contain different amenities than units in a previous phase so long as the amenities for
market rate units and affordable units are the same within each phase and provided that in
no event may a market rate unit or affordable unit in any phase contain physical amenities
less than those described in the Developer Application.
17. Phasing.The percentage of affordable housing units to which the Developer
has committed for the total development shell be maintained in each phase and shall be
constructed as part of each phase of the development on the Property. Developer
commits to 10 percent affordable housing units for this project,with 1Q percent of the units
in each phase as built consist A 1 bie V' j l
18. pisdosure.,)1 eJ eysloper af( " disc osek to persons, other than the
potential buyer or lender of-the particular affordable horsing unit or units,which units in
the development are(idesignaf'ed_asaffordabte-ho g units
19. Consistbncv.Ttt a.• :• ••II };zed.dewitop ent shall be consistent
with the Growth Management Plan.and I= • r v.etopime ulatlons of Collier County
that are in effect at the tm�ev�ioptiseM~ ub7seque tt opted,flaws and policies shall
1� i f t
apply to this Agreemet and to the development to,the extetit tJ,iat they are not in conflict
with the number, type !
�aV`o�rdable housing units and !I}eampunt of affordable housing
density bonus approved ortthiedevelopment. ..--` N/
20. Rffordable Housinsff . errisity"IB rcug Development Agreement. This
Agreement is a distinct and separate agreement from "development agreements" as
defined by Section 163.3220,Fla.Stat.,as amended.
21. preaoolication. Developer has executed and submitted to the Development
Services Department the Developer Application for Affordable Housing Density Bonus, a
copy of which is attached to this Agreement as Appendix C and incorporated by reference
herein.
22. Govemina Law. This Agreement shall be governed by and construed in •
accordance with the laws of the State of Florida.
•
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23. Further Assurances. The Parties hereto shalt execute and deliver, in
recordable form if necessary, any and all documents, certificates, instruments, and
agreements which may be reasonably required In order to effectuate the intent of the
Agreement. Such documents shall include but not be limited to any document requested
by the Developer to exhibit that this Agreement has terminated in accordance with the
provisions of paragraph 14 above.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed as of the day and year first above written.
ATTEST: / T1p/ COJJNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk;' Lti d�IT�Y,FLORIDA
,
% \
Deputy Clerk— '133/!--FRED W.COYLE,CHAIRMAN
1/1(
)77
� �. r 1 1' 1
Approved as to form antd4gat.sufficiency:
•
j7::1111, rlo
Patrick G.White
Assistant County Attorney
•
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DEVELOPER:
WATERWAYS JOINT VENTURE IV,
A Florida general partnership
By: Waterways at Hibiscus,Ltd.,
a Florida limited partnership
its general partner
W itne/sses:
, y_. !,' By: Waterways Development,Inc.
a Florida corporation
Witnessits General Partner
i ll
Printed Name i ..,,S/, Id..,r,„,
"ma.0`rn`4cu,1c441<J-\. ' ' ``ti /i.:
Witness ,/,..c7)\-7-- , ch rd Davenport,President
:i
Printed Name McIISSG , •,jf "l, rdr!a,e ..-,N
/ i r _ '---•---• --k t
STATE OF FLORIDA /)
COUNTY OF COLLIER 1 Yf! ,�y- <' \
,t�' fid( '0 i f \� \
The foregoing Agreement-A'tltltorizing`-Affordable HotrSang,Density Bonus And Imposing
Covenants And Restndtiofrs On Real Property wa,,J,ackrrowttedged before me by Richard
Q'ti,'J 7C ft i /C /
Davenport as President'otWaterways Development,Inc...general partner of Waterways at
Hibiscus,Ltd.,general partner'of-Waterways Joint entre Iv,won
ho Is persallx known to
me or has produced ;, 11-1 w (-117,'„11/4-as identification .
WITNESS my hand and official seal this a-) day of J Lx.ia-.,,c - ,2005.
Lf
Notary Public
My Commission Expires:
;,;�,,. REPINET EY
HY COMM*f 00203174 1 ,
L‘41-,i 4: i
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EXHIBIT A
BRISTOL PINES
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 112 OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST
114 OF SECTION 35,TOWNSHIP 48 SOUTH,RANGE 28 EAST,COLLIER COUNTY,
FLORIDA,LESS THE WEST 100 FEET THEREOF FOR CANAL BORROW AND
DRAINAGE AND LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY.
TOGETHER WITH:
C. Car
THE NORTH 1/2 OF THE SOU
f Ffw12F)F••THE RT Iu1729F THE NORTHWEST 1/4
.L
OF THE NORTHWEST 1, TION 35,TOW IP118,SOUTH,RANGE 26 EAST,
COLLIER COUNTY,FLORLD A;LESS tHE WEST 100 FEET THEREOF FOR CANAL
BORROW AND DRAINAGE'
/ ._ 1
TOGETHER WITH:!
S�T}11/2 ", e
THE SOUTH 1/2 Or THE OU 112 OFTtiE EtlO TNA 1P,d�,OF;THE NORTHWEST 1/4
OF THE NORTHWEST It/4 F$EC ION 3 T( NSHIP!0.8 SOUTH,RANGE 26 EAST,
COLLIER COUNTY;'FLOM. 1:EST5 WEH3100EE.SJ EOF FOR CANAL
BORROW AND DRAINAGE. I / J
TOGETHER WITH:, ( /1..,1‘,‘;,
THE WEST 1/4 OF THE NOR F /2 OF THE NORTH ►SST,(4 OF THE NORTHWEST
1/4,OF SECTION 35,TOWNSHIP- ;8-SOLI.TH,RANGE 26 EAST,COLLIER COUNTY,
FLORIDA,EXCEPTING AND RES. F ING THE tEEFFRoM THE NORTH 30 FEET
THEREOF FOR ROAD RIGHT
TOGETHER WITH:
THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,
TOWNSHIP 48 SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA,LESS THE
EAST 30 FEET THEREOF.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 35,TOWNSHIP 48
SOUTH,RANGE 26 EAST,COLLIER COUNTY,FLORIDA;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 35,
N.89'5825"E.FOR 100.08 FEET TO A POINT OF INTERSECTION WITH THE EAST
LINE OF A 100 FOOT WIDE CANAL EASEMENT,RECORDED IN OFFICIAL RECORDS
BOOK 12,PAGE 353 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;
THENCE ALONG THE SAID EAST LINE OF CANAL EASEMENT,S.02'14'59"E.FOR
30.02 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF A 30.00
FOOT WIDE ROAD RIGHT-OF-WAY,RECORDED IN OFFICIAL RECORDS BOOK
2852,PAGE 3466 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA,SAID
INTERSECTION ALSO BEING THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
THENCE ALONG THE SAID SOUTH LINE OF A ROAD RIGHT-OF-WAY,ALSO BEING
PARALLEL AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE SAID
NORTHWEST 1/4 N.89'6825"E.FOR 1552.22 FEET TO A POINT OF INTERSECTION
WITH THE EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35;
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THENCE ALONG THE SAID EAST LINE OF THE WEST 1/4 OF THE NORTH 1/2 OF
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,S.02.1520"E.FOR 639.40 FEET TO
THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SAID SECTION 35;
THENCE ALONG THE SAID NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 N.89°59'05"E.FOR 330.76 FEET TO THE PLATTED
SOUTHWEST CORNER OF GREEN HERON ACRES,AS RECORDED IN PLAT BOOK
22,PAGE 70 OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA;
THENCE ALONG THE PLATTED SOUTH LINE OF SAID GREEN HERON ACRES
N.89'58'27"E.FOR 631.07 FEET TO A POINT ON A UNE WHICH IS A 30.00 FOOT
WEST OFFSET OF THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 35;
THENCE LEAVING SAID GREEN HERON ACRES AND ALONG SAID 30.00 FOOT
OFFSET LINE S.02'14'19"E.FOR 869.28 FEET TO A PLATTED CORNER OF
VANDERBILT COUNTRY CLUB 2 AS RECORDED IN PLAT BOOK 32,PAGES 42
THROUGH 55 OF THE PUBLIC RECORDS OF COWER COUNTY,FLORIDA;
THENCE ALONG A PLATTED LINE OF SAID VANDERBILT COUNTRY CLUB 2,
S.89°58'02"W.FOR 1292.21 FEET TO A PLATTED CORNER OF SAID VANDERBILT
COUNTRY CLUB 2;
THENCE LEAVING SAID PLA O u •--1/ 1NE,N.02'14'43"W.FOR 669.46
FEET TO THE SOUTHEASTFINl �G ' '• 1/2 OF THE SOUTH 1/2 OF
THE NORTH 1/2 OF THE'QR HWE§T 1/4 OF 'T WEST 1/4 OF SAID
SECTION 35; ,/(J/
THENCE ALONG THE SOt1THLINEQF THE SAID SOUTH 1/ 'QF THE SOUTH 1/2 OF
THE NORTH 1/2 OF/THE O} �ST 1N 4-0F-T iE NORTHWEST 1/4,S.89°5T59"W.
FOR 1221.81 FEET/TO POINT O N .E SECTI N WITH THEISAID EAST LINE OF A
10FOOWIDENp� \ i
THENCE ALONG THE SAID LIN •. �A 0 O IDE CANAL EASEMENT
N.02.14'59"W A DI, TARO OF 639'60fF • HE O.(NTIOF BEGINNING OF THE
PARCEL HEREIN pEr8�iED \'o., ,,,./
1
CONTAINING 1,856;282 SQUARE FEET OR 42. ACRES M613E/OR LESS.
,
SUBJECT TO EASEMENT AND RESTRICTIONS qO DS.
BEARINGS ARE BASED ON°[HE440FaiJJA„N. SE'G ION 35,TOWNSHIP 48
SOUTH,RANGE 26 EAST,A34F3 t t8>t•3 >
•
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APPENDIX A.EXHIBIT A
NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS
NUMBER OF UNITS BASE RENT
Single Multi Single Multi
Family Family Family Family
LOW INCOME
(60%MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom 29
4 Bedroom
TOTAL ; {" 29' `
/
VERY LOW INCOME / )
(50%MI)
Efficiency / --,^ –�
itt
1 Bedroom l( \1(7717\—\\/7 a I�
"")is tip`\ ✓ f �j j
2 Bedroom t ? /
3 Bedroom
4 Bedroom /
TOTAL vt
VERY-VERY LOW INCOME
(25%-50%MI)
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
(1) Base residential density allowed in this development L.units/sere.
(2) Gross acreage 42k.
(3)Maximum number of affordable housing density bonus units allowed in this
development pursuant to LDC Section 2.06.00. 2.85 units.
(4)Gross residential density of this development(including affordable housing density
bonus units) 6.85 units/acre.
(5)Percentage of affordable units pledged by the developer(as a percent of the total number
units in the development)J Q%.
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APPENDIX A.EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
LDC § 2.06.03, provides for calculation of a density bonus for developers pledging to
construct affordable units within their development. Included in this Exhibit B are instructions for
and the tables with which to calculate the density bonus for a particular project. Exhibit C contains
the current median income and acceptable rents for low and very low income households in Collier
County.
The affordable housing density bonus rating system shall be used to determine the amount of
the affordable housing density bonus which may be granted for a development based on household
income level, number of bedrooms per affordable housing unit, type of affordable housing units
(owner-occupied or rental,single-family or multi-family)and percentage of affordable housing units
in the development. To use the affordable housing density bonus rating system,Tables A and B,
below,shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis
by the Board of County Commissioners or its designee. •
First, choose the househpld Olevc moderate, low, or very low) of the affordable
housing unit(s) proposed in tbe�4 dfuelopment�-at d. 1.'type of affordable housing units
(owner-occupied or rental„singl f rt tly or multi-family,where sppticable)to be provided,as shown
in Table A. Then, referrinjoigiiin to Table A,choose thettiUmbo rof bedrooms proposed for the
affordable housing unitbalms s). fAr -affordable housing density bs rating based on the household
income level and the number of bedrooms A. \
/ t 1
After the affordableflto�r§�ienst-Ijt Ob nluup 'ttg`tuts - , • ,.ed in Table A,locate it in
Table B, and detertnine Hither percent E f the yp f afro M.lelhousing unit proposed in the
development compared•;;to\the total&n mi>a of drelling Timis in the!development. From this
determination,Table tit indicate the-maxlmurrrnt tuberdeutiaai dwelling units par gross acre
that may be added to'the,base density. These additional residentialtief dwelling units per gross acre arc
the maximum atfordab dousing density bonus.HI?B)/av''hiloble to that development.
Developments with pereenttages of affordable housing ttatwhtch.'l ll in between the percentages
shown on Table B shall receivesan affordable housing dle-iisty'bonus equal the lower of the two
percentages it lies between{flus 9Oth.o„f a residential dwelling brut per gross acre for each additional
percentage of affordable housing,tentsl n ts`itrth efopt:rent.For example,a development which
has 24% of its total residential dw ing'_iamts: ot+dable housing units, and which has an
affordable housing density bonus rating orfoii?”will receive an affordable housing density bonus
(AHDB)of 4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit(based on level of income and number
of bedrooms shown in Table A)is proposed for a development,the affordable housing density bonus
for each type shall be calculated separately in Table B. After the affordable housing density bonus
calculations for each type of affordable housing unit have been completed in Table B,the affordable
housing density bonus for each type of unit shall be added to those for the other type(s)to determine
the maximum affordable housing density bonus available for the development In no event shall the •
affordable housing density bonus exceed eight(8)dwelling units per gross acre.
•
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APPENDIX A.EXHIBIT B
AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM
Please calculate your density bonus in the space provided below. Attach additional pages II
necessary.
TABLE A:AFFORDABLE HOUSING DENSITY BONUS RATING
LEVEL NUMBER OF BEDROOMSIUMT
OF HOUSEHOLD
INCOME EFFICIENCY 2 3 OR
Ahal. _ SBM
80%MI=MODERATE(OWNER-OCCUPIED, 0 1• 1•
SINGLE-FAMILY)
60%MI$LOW(OWNER-OCCUPIEOR-RENTAL�- 3 4
SINGLE-FAMILY
AMILY OR MULTI.--rD . CO
FAMILY)
50%MI-VERY LOWW1 EWOCCUPIED OR
RENTAL,SINGLE-FAMII r0R---,
MULTI-FAMILY) \ 4\ 5
*For cluster housing(level, tneiitta gib Go'as al gi\aim Tr density bonus to obtain 2.
TABL t RDABL HOUSINGF E;NSl BONUS
fADDITIONA iki"A LARL OW Ir' IG UNITS PEI GROSS ACRE)
AFFORDABLE HOUSINGa,\ %OF AFFORDABLE HOUSING LITS
DENSITY BONUS RAT1I r^ t' J/C`' ,�`
\i \
\\CIS 2ovQ 3o ,f40%�Q
,.O r_0 1 j..--•" 2
2 0 I 2 3
3 2 3 4 5
4 3 4 5 7
5 4 5 7 8
•
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APPENDIX A,EXHIBIT C
INCOME ANI)RENT LEVELS FOR THE LOW AND MODERATE INCOME,
Pursuant Chapter 74,Section 74-402(ax1);Collier County Code of Laws and Ordinances,
moderate income is 61%to 80%of the median income,low income is 51%to 60%of the median
income and very low income is less than 50%of the median income.
MEDIAN INCOME 2005
S63,300 Naples,MSA(Collier County)
NUMBER OF MEMBERS IN FAMILY
1 2 1 4 2 ¢ 2 8
80% 39,100 44,650 50,250 55,850 60,300 64,750 69,250 73,700
60% 29,340 33,480 37,680 41, .,_0•.,48,600 51,960 55,260
50% 24,450 27,900 31,400"T li,3i . ,70J 5,00 43 ,300 46,050
35% 17,115 19,530 2Y, O ~24 430-2b;390,,2$.;3S0� 30,310 32,235
25% 12,225 13,950/1'5, 17,450 18,850 20,254:,,`21,650 23,025
f \ \
E:COMMENDED RE1AL RATES \
The Florida Housing Finance �Fn TFC_'.calcul a ts..19,use in the State Apartment
Incentive Loan(SAIL{)and,`}��e)',o��Incoin`e,R24
` > tdl yin Ts*Credit(LIHTC)programs. The
rents given below and based on 2001'idata from)a EIF Utllity,cds(s are provided from the County's
Section 8 Rental Assistance rbgrr m wcitilstered by the Collier County Housing
Authority. 1 t a4'
/'- r
HOVEL G COSTS BASED ON 3 FAMILY COME
ONE `a (;TWO THREEk `",.' FOUR
BEDROOM °$EbRQOMJIEDkOQM`' BEDROOM
UNIT UNIT ,-,,,UNI`I�-"•"` UNIT
80% 51,046 $1,256 $1,451 $1,618
60% $785 _5942 ,$1,089 $1,215
50% $654 S785 $907 $1,012
35% 5458 S549 $635 $708
25% 5327 $392 ,$453 $506
UTILITY ALLOWANCES
ONE B/R TWO B/R THREE B/R FOUR B/R
LOCATION UNIT UNIT UNIT UNIT
Naples and Coastal
Collier County 71.00 91.00 128.00 156.00
Immokalee and East of
Everglades Blvd. 67.00 106.00 148.00 173.00
Golden Gate 96.00 144.00 186.00 211.00
YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS,
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APPENDIX B.EXHIBIT A
PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT
Date Occupancy Desired: Date of Application: Amt.Of Sec.Deposit:
Your Name: Race/National Origin:Handicap:Yes^ No
Co-Tenant Name Rsce/National Origin:Handicap:Yes No_
Present Address:
Street City State Zip Telephone No.
Name of Landlord How Long at this Address:
Landlord's Address:
Street City State Zip Telephone No.
If you have resided at your present address less than 3 years,please state previous address:
Street City --
teZi Telephone No.
Name of Previous Landlord "tt ,�. CO
(2)/ " *y
/ f
Street Pity // cr . Sta'le–--`Zip lepho n No.
/
APPLICANT:
Present Employers Native (/ /'' r\ `a 1
Eu v
Address and Telephone No.1i
How long with PresentiEmployer.-- b Job T
Gross Salary: Hourly S1 Weekly$ Every 2 Wekick$ //h[onthly$
Social Security Number ‘,`''`#: Birth D*td /..( /
Previous Employers Name \ :.` �" f+
Address and Telephone No. /:�L :
How long with Previous Employer / lob
CO-TENANT:
Present Employers Name
Address and Telephone No.
How long with Present Employer: Job Title
Gross Salary: Hourly S Weekly S Every 2 Weeks S Monthly S
Social Security Number Birth Date
Previous Employers Name
Address and Telephone No.
How long with Previous Employer Job Title
NAMES OF ALL WHO WILL OCCUPY APARTMENT MIRTH DATE azx brig SO(IAL
SECURITY
1.
2. ..,
3. — _
PERSONAL REFERENCES(Not Relattves1
1, Name: _ Address: How Long Known:
2. Name: Address: How Long Known:
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APPENDIX B.EXHIBIT B
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
Date.
Applicant's Name: Social Security Number
Co-Tenant's Name:: Social Security Number
Present Address:
Street City State Zip Telephone No.
I hereby make application for a single family unit at .
I hereby declare and reveal all of my sources of income.
I am aware that to leave out,omit or fail to report my assets or forms of income from pensions,
stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law.
Knowingly falsifying information on this form is cause for refusal of occupancy. •
I hereby certify that this will be my,estitien,0-114_ that I have no other assisted housing.
I understand that this informadar)�'W U purpose`ofrooi tr ig my annual income to determine
my qualification to buy anfiffehlable housing unit. I tuuletilndlthat,I am not required to surrender
my ownership or rights or cl mad property,pensions or capital`gans,etc.
r
/ / =M
I 1--,„ ADDI cant \Cu-Occupant
;{ t---Fy*517R-77 Atntount Frequency
i V \I( Re-Fp'v`et of P / I Received of Pay
f: ,!��/E ( 1
Wages/Salary f
K. �`.,,,,S w s __ $
BonusesI S
....._.._.—
Tips � "N $ ,• $ 1. $ $
Commissions $ �' _ - f S S
Interest Income° S
Trust Fund Income , `)'\., $ 5 S $
Unemployment .\;—',4,"----..s .. $ •/ $ $
Workman's Compensation . - ^S r,1 , ;r $ S
Welfare5 .. __ - S S S
Food Stamps $ S S S
Social Security $ $ $ $
Social Security Disability $ S S S
Supplemental SSI S S S S
Family Assistance $ $ $ $
Child Support $ $ S $
Veterans Benefits $ $ $ S
Widows Benefits S $ S $
Union Pension $ S • $ S
Self-Employment Business,
Silent Partner,etc. $ S $ $ • •
Private Insurance Pension $ S S S
TOTAL ANNUAL INCOME S S
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE
AFFORDABLE UNIT.
THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO
CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES
OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN
AFFORDABLE HOUSING UNIT.
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APPENDIX&EXHIBIT C
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
APPLICANT:
Present Employer: Job Title:
Address:
Street City State Zip
I, ,hereby authorize the release of infonnation requested
(Applicant)
on this certification form.
. Signature of Applicant
• STATE OF FLORIDA )
)ss C �
COUNTY OF COLLIER)
The foregoing was ackno�Wledged before me by ``\ \
Who is personally knows to me or-hasproduced as identification.
Witness my hand an/official seaitn_isr–\ day of \ 1 ,2005.
(notary seal
1(—) v ' ,'ir6taiy Public
My Commission Expiry .1
; ^ /r
EMPLOYER CERTIFICATION•
Applicant's Gross Annual Income or Rate o7Paya-S-----1 •
Number of Hours Worked(Weekly): . Frequency of Pay:
Amount of Bonuses,Tips,or other Compensation Received: $ $
Monthly Annually
•
Supervisor
STATE OF FLORIDA )
)ss
COUNTY OF COLLIER)
The foregoing was acknowledged before me by
Who is personally known to me or has produced as
identification.
Witness my hand and official seal this day of ,2005.
(notary seal)
Notary Public
My Commission Expires:
THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S
INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE
UNIT.
Pape 19 of 22 J'l�
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OR 5269 PG 3479
7/12/2016 16.D.12.
APPENDIX C
DEVELOPER APPLICATION/VA AFFORDABLE HOUSING DENSITY BONUS
Pursuant to LDC § 2.06.01 please complete this form and submit it with any accompanying
documentation to the Community Development & Environmental Services Division, 2800 North
Horseshoe Drive,Naples,Florida 34104. A copy must also be provided to the Financial Administration
and Housing Department.
All items requested must be provided.
1. Please state what zoning districts are proposed by the applicant,if any,on the property and the
acreage of each;
The Developer has made avelicationto-rezone th 2Tracre_Parcel to Planned Unit Development,
2. Has an application f/7,e p eerrrisAUSted ,�u •etion •with the affordable housing
Density bonus? lr �'��
!,
X Yes /` No
If yes,state date of applicat(oott.MrrZquegt hasbeen approved,state the Ordinance
number . €!
m �. 5 teat
3. Gross densitytio`f�t te P[IlP4sed d4`'a QP ctrl, 8 ugt.,�.Viilr
Gross acreage oftthga'proposed development. 42;6 acres. /,; ,/
4. Arc affordable housing`density bonus units sought i cionjtnotion with an application for a
planned unit development( .?c Yes _ ,\sk
(RUM, ,,X,
If yes,please state name and location aofffhePUD d itiy o `identifying information.
Bristol Pines RPUD
5. Name of applicant Waterways Joint Venture IV
Name of land developer if not the same as Applicant:
6. Please complete the following tables as they apply to the proposed development.
TABLE I Total Number of Units in Development .
Type of Owner
Unit &nie! Skcallit
Efficiency
One Bedroom
Two Bedroom
Three Bedroom 292
Other Bedroom
TOTAL, 292
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OR 5269 PG 3480
7/12/2016 16.D.12.
TABLE H Number of Affordable Housing Units
Total Number of Proposed Use for
Affordable Units Density Bonus Units
in Development
Owner Owner
Bate Occupied RS411J Slcsamitd
MODERATE INCOME
80%MI
Efficiency
1 Bedroom
2 Bedroom 0
3 Bedroom ! _ "-, 0
TOTAL " O 0\
�t--"
LOW INCOME \rj, / k. A 60%MI
Efficiency " �1 `t 1/) F
' F
1 Bedroom
2 Bedroom d r•-
3 Bedroom —22_ 29
Other _0
TOTAL 0
VERY LOW INCOME
50%MI
•
Efficiency —2-
1 Bedroom
2 Bedroom --4--
3 Bedroom
Other 0
TOTAL
Pays 21 of 22 iii
• Packet Page-1157-
OR 5269 PG 3481 7/12/2016 16.D.12.
7. Please provide a physical description of the affordable units by type of unit(moderate,low,very
low income)and by number of bedrooms. Include in your description,for example,the square footage
of each type of unit,floor coverings used throughout the unit(carpeting,tile,vinyl flooring);window
treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator, bathroom
amenities,such as ceiling exhaust fans;and any other amenities as applicable. Attach additional pages
as Exhibit"D"if needed.
All homes in Bristol Pines,including the homes reserved for moderate income purchasers,will
share many common features:
•Solid concrete block construction.
*Durable compressed concrete tile roofs.
*Desirable concrete paver driveways,walks and entries.
•R-19 fiberglass insulation in all attics;R4.2 in exterior walls.
•Ceramic tile flooring in all kitchens.ba _ `tt :areas
•Carpet over hypoallergenic pads mil*ig anbd amas„
•European style kitchen cabintxa wrtrj rlly`ad'juctable des ,N .
•Complete kitchen applianc$lncn,lit'ding a microwave oven,`range refrigerator and disposal
•High efficiency air conditioning with strip heat. \ \
•Fully landscaped private yan;]s.k
•Dual sinks in the master bath. %� \
•Enclosed toilet/tub in thetnraster•bath,..-°--4 — _\
*Walk in closet for the ma er bedroo 'm � 1
Aluminum framed 4vindc1Ws and sliding glass doors .- 1 I
•Metal clad entry doorivitnud .b(31t Y.j /j ° I I I
•Strong steel hurricane4hutters. `f '/
•Pre-wiring for cable t levjsion,telephone and a digitat:perimeter security alarm system.
-t � "( / ,/ �r/`
The homes reserved for lawe,.income purchasers will all be three bedroom,two bath units in four,
five and eight unit buildings of onestory. The interior units wilicoffor 1,241 square feet of living
area and the end units are just sei ly rgeLat 1 53 squ feet ofair conditioned area. Each home
will be owned in fee simple by the purchaiseri ;
All of the Bristol Pine town homes will have complete yard service and periodic exterior painting
provided for by the Bristol Pines Community Association.The monthly homeowner's fee will also cover
the cost of basic cable television service,alarm system monitoring,maintaining the gated entry,common
areas and a community clubhouse where residents and guests may swim,play tennis,volleyball,or just
relax.The monthly fee has not yet been finally determined,but is anticipated to be approximately$150
per month.
8. Please supply any other information which would reasonably be needed to address this request for an
affordable housing density bonus for this development. Attach additional pages if needed.
None
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*** OR 5269 PG 3482 ***
7/12/2016 16.D.12.
•
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-64
Which was a opted by the Board (Di Cdunty Commissioners
on the 15th day/of/Novemkier„,.r-2005,\during Regular Session.
- \ '
177'1( 1 i y
WITNESS m (-h c ami th o ici '' see4' of the Board of
County Commiss2o1 e'rs of Collier . &unty,,=',: lorida, this 18th
/10/
day of November, 2811.5\-... , ?
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boarda1t1 ,���4�' •.
County Commissions, .•• •
wff •�'' Ear= ;���'y•' ,
_ `' ..;fir?�j
By: Ann Jennej c? i'y 'c•.
Deputy Clerk J; �.. .../$'
•
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