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Backup Documents 07/12/2016 Item #16D25 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Rd [ Dv v THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 1'1 Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Michelle Rubbo Community&Human (� Services 1 ' ► R -7 )1311L 2. Jennifer Belpedio County Attorney Office 1 114/` / 3. BCC Office Board of County 1 7 bL\ Commissioners \rt4 /5/ I IA.6 4. Minutes and Records Clerk of Court's Office -1-C- „1--ry i-/ Li(r 6 PRIMARY CONTACT INFORMATION J p Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kimberley Grant Phone Number (239)252-6 87 Contact/ Department Agenda Date Item was 06/28/16 Agenda Item Number 16D25 Approved by the BCC Type of Document Agreement Confirming GAP Housing Number of Original 1 Attached Density Bonus and Imposing Covenants and Documents Attached Restrictions on Real Property allowing for either sale or rent units in the Vincentian MPUD PO number or accou( 1.1749030 number if document y n ecO( C' to be recorded � INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A”in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? n K KG Stamp OK if t' l Original is NOT required 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be KG signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the KG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip KG should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/28/16 and all changes made during the KG meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made,and the document is ready for t Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05, evised 2.24.05;Revised 11/30/12 1 60 2 5 MEMORANDUM Date: July 21, 2016 To: Kim Grant, Director Community & Human Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Recorded Agreement confirming GAP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property allowing for either sale or rent units in the Vincentian MPUD Attached for your records is one (1) copy of the document referenced above, (Item #16D25) adopted by the Board of County Commissioners on Tuesday, June 28, 2016. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment INSTR 5289950 OR 5294 PG 1312 RECORDED 7/15/2016 10:22 AM PAGES 31 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$265.00 AGREEMENT CONFIRMING GAP HOUSING AND IMPOSING COVENANTS 1 6D 21 AND RESTRICTIONS ON REAL PROPERTY This AGREEMENT is made of the 2.q4-‘,-, day of--.1 c - , 2016 by and between Global Properties of Naples, LLC (the "Developer") and the Collier County Board of County Commissioners (the"Commission"), collectively, the"Parties". RECITALS: I) A. The Developer owns a tract of real property described in Exhibit "A" attached jl hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a maximum of 224 market rate and GAP residential units on the Property. B. The Property is located within Vincentian Mixed-Use Subdistrict within the Future Land Use Element of the Growth Management Plan(the"GMP"). C. Pursuant to Collier County Ordinance No. 15-35, the Property is zoned Vincentian Village MPUD (the"PUD"). NOW, THEREFORE, in consideration of the approval and grant of the density set forth in the GMP and PUD, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows for the Developer to select one or the other of Alternative A (Owner Occupied For Sale Units) or Alternative B (Rental Units) as outlined in this Agreement prior to the issuance of the first building permit for a residential unit. ALTERNATIVE A(Owner Occupied Units) 1. The above Recitals are true and correct and are incorporated herein by reference. 2. The Developer agrees that a minimum of 40%, as further described in Exhibit "C" Owner attached hereto of the dwelling units constructed above the allowable base density of 3 units per acre shall be offered first to persons who qualify for GAP Housing (persons earning between 81% and 150% of the Naples-Marco Island Metropolitan Statistical Area [MSA] annual median income at the time of income qualification). 3 16025 5 3. In lieu of an identified sales price for the GAP Housing units, a range of prices has been established, subject to the provisions in Exhibit "C" Owner; and the pricing shall be based upon the qualified buyer's income to spend no more than 30% of their qualified income for principal, interest, taxes and insurance at the time of purchase. The Developer shall designate the units it intends to offer to those qualifying for GAP Housing. 4. Initial Offering: The GAP Housing units shall be marketed for purchase by persons qualifying for GAP Housing for 2 years from the date of issuance of the certificate of !i occupancy (CO) for Gap Housing unit. In the event a qualified buyer for the unit has not signed a contract for purchase within the 2 year period, the developer may sell the unit to a non GAP Housing qualifying purchaser. 5. Resale: If a unit is initially sold to a person qualifying for GAP Housing, the above GAP Housing requirement to market the unit for purchase by persons qualifying for GAP Housing shall exist for a period of five years from the date of issuance of CO for that Gap Housing unit. 6. Hardship: In the case of resale of a designated GAP Housing unit,the requirement to market a unit for purchase by persons qualifying for GAP Housing for five years may be waived by the Board of County Commissioners in its sole discretion if one or more of the following hardship conditions exists: • The owner is transferred to, or otherwise obtains employment in, a location more than 50 miles from the Vincentian Village MPUD. • If a unit is listed for resale by person(s) qualifying for GAP Housing for a period of 365 days without the unit selling to a person qualifying for GAP Housing. The 365 day reservation period commences on the date the unit is offered for resale. • 50%or more reduction in employment hours or salary or earnings by 3 employer(not a result of owner's actions/requests). • Documented on-going loss of 50%or more of child support payment for more than 90 days. • Out of work due to medical for more than 90 days and without pay or 50% reduction in pay. 2 i6Q25 • Fire and or damage to 50%or more of the unit. • Active military deployment or transfer. • Family divorce • Unexpected financial loss due to burglary/cyber crime resulting in theft of more than 50%of the owners funds at the time of the loss. • Loss of 50% or more of the family income due to death of family member (spouse, domestic partner, father, mother, child, siblings, grandchild, grandparents). • Any additional hardship as approved by the Board of County Commissioners. A written request for hardship waiver from the requirement to reserve a unit for purchase by persons qualifying for GAP Housing for five years shall be submitted to the County Manager or designee by the unit owner. Such request shall indicate the nature of the hardship and provide reasonable evidence of such hardship as may be requested by the County Manager or designee. 7. Compliance: The Developer shall provide an annual written compliance report to Collier County Community and Human Services Division (CCHSD) commencing with the issuance of the first CO for a residential dwelling unit identified to be offered to those who qualify as GAP Housing. This requirement shall conclude when the required number of units have been purchased by persons qualifying for GAP Housing or are sold to others under the provisions herein, whichever occurs first. The report shall include a summary related to the sale of units to persons who qualify for GAP Housing, and the number of such units sold during the reporting period and in total. Conditions set forth herein related to the resale of such units shall be set forth in the purchase agreement or other legal document as may be acceptable to the County Attorney. Compliance related to resale of such units shall be the responsibility of the unit owner. CCHSD shall periodically monitor the developer to ensure proper gap housing availability and income certification procedures have been followed. The annual progress and monitoring report shall, at a minimum, require additional information reasonably helpful to ensure compliance with this section and provide information with regard to GAP Housing in Collier County. Failure to complete and submit the monitoring 3 160 2 5 report to the County Manager or his designee within 60 days from the due date will result in a penalty of up to $50.00 per day per incident or occurrence unless a written extension not to exceed 30 days is requested prior to expiration of the 60-day submission deadline. The Developer shall report annually to the BCC regarding the status of its compliance with this Agreement. 8. Income Verification and Certification: The determination of eligibility of GAP Income families, as determined by the developer or developer's agent, to buy and occupy GAP Housing units is as follows: (1) submittal of an application by a buyer (Exhibit "D"); (2) verification of family income (Exhibit "E", Parts 1. and 2); and (3) execution of an income certification (Exhibit "F"). All three shall be accomplished prior to a buyer being qualified as an eligible family to purchase and occupy a GAP Housing unit within the Development. No person shall occupy a GAP Housing unit prior to being income qualified by the Developer. • The Developer shall be responsible for accepting applications from buyers, verifying income and obtaining the income certification for its development and documentation must be provided to the County Manager or his designee prior to qualification of the buyer as a GAP Income family. The County Manager or his designee shall review all documentation provided, and may verify the information provided from time to time. Prior to occupancy by a qualified buyer,the developer shall provide to the County Manager or his designee, at a minimum, the application for GAP Housing qualification, including the income verification form and the income certification form, and the purchase contract for that qualified buyer. Random inspections to verify occupancy in accordance with this section may be conducted by the County Manager or his designee. • Application. A potential buyer shall apply to the Developer, owner, manager, or agent to qualify as GAP Income for the purpose of occupying a GAP Income unit. The application for GAP Housing qualification shall be in a form provided by the County Manager or his designee and may be a part of the income certification form. 4 16025 • Income verification. The Developer shall obtain written verification from the potential occupant(including the entire household)to verify all regular sources of income (including the entire household). The written verification form shall include, at a minimum, the purpose of the verification, a statement to release information, employer verification of gross annual income or rate of pay, number of hours worked, frequency of pay, bonuses, tips and commissions and a signature block with the date of application. The verification may take the.form of the most recent year's federal income tax return for the potential occupants (including the entire household), a statement to release information, and a signature block with the date of application. The verification shall be valid for up to 90 days prior to occupancy. Upon expiration of the 90-day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. • Income certification. Upon receipt of the application and verification of income, an income certification form shall be executed by the potential buyer (including the entire household) prior to sale and occupancy of the GAP Housing unit by the owner. Income certification that the potential occupant has a household income that qualifies the potential occupant as an eligible family to buy and occupy a GAP Housing unit. The income certification shall be in a form provided by the County Manager or his designee. • When the Developer advertises, sells or maintains the GAP Housing unit, it must advertise, sell, and maintain the same in a nondiscriminatory manner and make available any relevant information to any person who is interested in purchasing such gap housing unit. The Developer shall agree to be responsible for payment of any real estate commissions. The GAP Housing units in the development shall be identified on all building plans 5 16025 ' submitted to the County. The GAP Housing units can be re-designated throughout the development from time to time so long as the developer 1 notifies the County Manager or designee in writing. (1) The Developer shall not disclose to persons, other than the potential buyer, real estate agent, or lender of the particular gap housing unit or units, which units in the development are designated as GAP Housing units. The, construction and design of the GAP Housing units shall be the same as other market rate dwelling units in the development which have the same square footage. The GAP housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. (2) This Agreement shall constitute covenants, restrictions, and conditions which shall be a deed restriction on the unit until the requirement to release the restriction has been met whereby the deed restriction shall cease to exist. 9. The following provisions shall be applicable to the GAP Units: (1) Defined terms: In the event of a conflict between terms as defined in the Land Development Code (LDC) or in the PUD Ordinance, the definitions of the LDC will control when applying or interpreting this Agreement. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples-Marco Island MSA, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Exhibit"B", which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median Income. 6 1 6 Li 2 10. Occupancy Restrictions. No GAP Housing unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 11. Violations. It shall be a violation of this Agreement to sell, rent or occupy, or attempt to sell,rent or occupy, a GAP Housing unit except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Community and Human Services Department or by any other person(s)within the County. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69,Florida Statutes, or by civil enforcement as allowed by law. 12. Certificate of Occupancy. In the event that the Developer fails to maintain the GAP Housing units in accordance with this Agreement, as it may be amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement,as it may be amended. 13. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission. The Developer shall provide written notice to the County of the assignment to a successor in interest to the property and shall be relieved of any further obligations under this Agreement. The Developer shall provide an executed Assignment of Agreement Confirming GAP Housing and Imposing Covenants and Restrictions on Real Property, in substantially the form attached to this Agreement as Exhibit "G", to the County of the assignment to a successor in interest to the property and shall be relieved of any further obligations under this Agreement. The written notice to the County shall include the successor's acknowledgment that it is bound by the terms of this Agreement and is effective when written notice is given to the County. Assignment of Agreement Confirming GAP Housing and 7 I'" 1 60 2 5 Imposing Covenants and Restrictions on Real Property shall be recorded at Developer's expense in the official records of Collier County, Florida 14. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 15. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by email, mail, postage prepaid,to the Parties at the following addresses: a. Collier County Community and Human Services Department 3339 Tamiami Trail East, Suite 211 Naples,Florida 34112 b. Global Properties of Naples,LLC do Christopher Shucart 2614 Tamiami Trail North, Suite 615 Naples,FL 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 16. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of a claim, willful misconduct or negligent act, error or omission, or liability of any kind by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 17. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until the date that is five years from the date of issuance of the Certificate of Occupancy for the 1st residential unit in the PUD. However,the Parties agree that 8 1 602 5 if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations 18. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County,Florida. 19. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs,successors,and assigns. 20. Termination. The minimum number of GAP Housing units for sale or rent shall rt be deed restricted to remain and be maintained as the required Gap housing for a period of five (5) years from the date of issuance of the Certificate of Occupancy for the 1St residential unit in the PUD subject to the provisions contained herein. 21. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties, 22. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner, potential owner, renter or potential renter because of said owners race, color, religion, sex,national origin, familial status,or handicap. b. When the Developer advertises, sells, rents or maintains the GAP Housing units, it must advertise sell, rent and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing or renting such GAP Housing. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase, sale and rental of GAP Housing units. d. The GAP Housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. 23. Phasing. The percentage of Gap housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. 1' 9 1 60 2 5 24. Disclosure. The Developer shall not disclose to persons, other than the potential buyer or lender of the particular GAP Housing unit or units,which units in the development are designated as GAP Housing units. 25. GAP Housing Agreement. This Agreement is distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. This Agreement supercedes and replaces all prior Agreements confirming Gap Housing and Imposing Covenants and Restrictions on Real Property between the Parties. 26. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and the Land Development Code Regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number,type of GAP Housing units and the amount of GAP Housing approved for the development 27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 28. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of this Agreement. ALTERNATIVE B (Rental Units) RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (the "Property"). It is the Developer's intent to construct a maximum of 224 market rate and GAP residential units on the Property. 10 16025 B. The Property is located within Vincentian Mixed-Use Subdistrict within the Future Land Use Element of the Growth Management Plan(the"GMP"). C. Pursuant to Collier County Ordinance No. 15-33, the Property is zoned Vincentian Village MPUD (the"PUD"). NOW, THEREFORE, in consideration of the approval and grant of the density set forth in the GMP and PUD, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows for the Developer to select one or the other of Alternative A (Owner Occupied For Sale Units) or Alternative B (Rental Units) as outlined in this Agreement prior to the issuance of the first building permit for a residential unit. 1. The above Recitals are true and correct and are incorporated herein by reference. 2. The Developer agrees that a minimum of 40%, as further described in Exhibit "C" Rental attached hereto of the dwelling units constructed above the allowable base density of 3 units per acre shall be offered first to persons who qualify for GAP Housing(persons earning between 81% and 150% of the Naples-Marco Island Metropolitan Statistical Area [MSA] annual median income at the time of income qualification). 3. In lieu of an identified rental price for the GAP Housing units,the pricing shall be based upon the qualified renter and or renters income to spend no more than 30%of their qualified and or combined incomes for rent and utilities. Utilities are defined as gas, electric,water, and sewer. 4. In an effort to attract GAP renters, the Developer will provide written notification at a minimum to Collier County and its Constitutional Officers, the Collier County School District, all local hospitals, City of Naples City of Marco Island, Everglades City, and all independent fire districts that GAP units are available to be rented and will be set aside '• for the applicable period described below. Any printed advertising for the development shall identify the project prioritized units for GAP. 5. The period of time that the rental unit will be reserved and advertised first for GAP persons or persons within the income categories identified in Exhibit "B" will be a minimum of 45 days from the date the unit is first advertised for rent and 30 days 11 1 60 2 5 thereafter when a unit is offered for rent due to a projected or actual vacancy hereafter referred to as the "Offering Period". If a GAP income qualified renter is not committed to a lease within the initial 45 day Offering Period, or subsequent 30 day period Offering Period, the unit may be offered for rent to a non GAP renter. The restriction to provide units (with occupancy restrictions as further defined herein) first to GAP renters shall remain in effect for 15 years from the date of the last Certificate of Occupancy of the last GAP unit constructed. As units become available, the Developer shall first offer units to qualified GAP renters, until the number of units described in paragraph 2 are maintained, in order to satisfy the terms of this Agreement. 6. Occupancy restrictions for the entire residential project are as follows: a. One bedroom units—three occupants maximum b. Two bedroom units—five occupants maximum c. Three bedroom units—seven occupants maximum 7. One bedroom restrictions are as follows: a. The number of 1 bedroom units constructed shall be limited to no more than 40% of the total number of units constructed. 8. A minimum of 50 parking space requirement for the residential development shall be met via enclosed garages. 9. The following provisions shall be applicable to the GAP Units: (1) Defined terms: In the event of a conflict between terms as defined in the Land Development Code (LDC) or in Ordinance No. 08-41, the definitions of the LDC will control when applying or interpreting this Agreement. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Exhibit "B", which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median Income. 12 11. Qualification Process. The Developer shall be responsible for qualifying tenants by accepting applications, verifying income and obtaining income certification for all income restricted GAP units in the subject development per procedures approved by the County which are described below. In addition to the GAP income qualifications, developer will qualify all tenants based on their own established criteria for standard tenant requirements such as criminal background, credit, and payment history under current market standards, and will apply these standards equally for all tenants. (a) Application. A potential renter (or renters) shall apply to the Developer, owner, manager, or agent to qualify for the purpose of renting a GAP unit and occupying that GAP unit pursuant to this Agreement. The Application form is Exhibit "D", attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No income restricted GAP housing unit in the development shall be rented to an individual or family whose household income has not been verified and certified in accordance with this Agreement. (c) Income Verification. The Developer shall obtain written verification from the potential occupant(s) (including the entire household) to verify all regular sources of income (including the entire household). The term"occupant"herein shall refer to an individual occupant or occupants. The term household referenced herein shall refer to all individuals who will reside in the unit, to include all adults whose income will be used to determine income qualification, regardless of relationship. . The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the GAP Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information must be verbally updated from the original sources for an additional 30 days, provided it has been documented in writing by the person preparing the original verification. After this time, or if the person preparing the original verification is no longer employed with the organization, a new verification form must be completed. The GAP Housing Applicant Income Verification form is Exhibit "E",attached to this Agreement and incorporated by reference herein. 13 x. 60 (d) Income Certification. Upon receipt of the Preliminary Application for GAP Housing Unit and GAP Housing Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) and an employer certification for all income earning household members,prior to occupancy of the GAP housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualities the potential occupant as an eligible family to occupy an income restricted GAP unit. The GAP Housing Applicant Income Certification form is attached to this Agreement as Exhibit"F. (e) Exhibit's D, E, and F forms can be revised and amended if mutually agreed to in writing by County Manager (or their designee) and the Developer, as long as they are consistent with the program requirements as defined in the LDC. 8. Inspection. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement may be conducted by the Community and Human Services Division upon reasonable notice. 9. Annual Progress and Monitoring Report. The Developer shall provide an annual PUD Monitoring Report to the Community and Human Services Division regarding the rental of units to GAP income persons throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with this Agreement. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Community and Human Services Division. Failure to complete and submit the monitoring report to the County within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. 10. Occupancy Restrictions. No GAP Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 11. Violations. It shall be a violation of this Agreement to rent or occupy, or attempt to rent or occupy, a GAP unit except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information 14 16025 required or requested by the Community and Human Services Division or by any other person(s) within the County. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69,Florida Statutes, or by civil enforcement as allowed by law. 12. Certificate of Occupancy. In the event that the Developer fails to maintain the GAP units in accordance with this Agreement, as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable,may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement, as amended. Any non residential portions of this Property shall not be subject to this provision. The legal description of the Property subject to this provision shall be determined at the time of site development plan(SDP) approval. The Owner will record in the official records a notice of applicability of this Agreement within thirty days of the Owner's receipt of the SDP. 13. Assignment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property (or portion thereof) without the express written consent of the Commission. The Developer shall provide an executed Assignment of Agreement Confirming GAP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property, in substantially the form attached to this Agreement as Exhibit"G",to the County of the assignment to a successor in interest to the property and shall be relieved of any further obligations under this Agreement. The written notice to the County shall include the successor's acknowledgment that it is bound by the terms of this Agreement and is effective when written notice is given to the County. Assignment of Agreement Confirming GAP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property shall be recorded at Developer's expense in the official records of Collier County, Florida 15 _ 1 1 1602 14. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 15. Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by email, mail, postage prepaid,to the Parties at the following addresses: a. Collier County Community and Human Services Division 3339 Tamiami Trail East, Suite 211 Naples,Florida 34112 b. Global Properties of Naples,LLC c/o Christopher Shucart 2614 Tamiami Trail North, Suite 615 Naples,FL 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 16. Authority to Monitor. The Parties hereto acknowledge that the Collier County Community and Human Services Division or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 17. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 18. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land (subject to the provisions of paragraph 12 above) and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until the date that is fifteen years from the date of issuance of the Certificate of Occupancy for the last residential unit 16 �I' 16p2 above the base density of 3 units per acre. However,the Parties agree that if Developer transfers or conveys the Property (or portion thereof)to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 19. Recording.This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 20. Entire Agreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors,and assigns. 21. Termination. The minimum number of GAP housing units for rent shall be deed restricted to remain and be maintained as the required GAP housing for a period of fifteen (15) years from the date of the last Certificate of Occupancy of the last GAP unit constructed. 22. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 23. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any renter or potential renter because of said owners race, color, religion, sex, national origin, familial status,or handicap. b. When the Developer advertises, rents or maintains the GAP housing units, it must advertise, rent and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in renting such GAP housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the rental of GAP units. d. The GAP housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. e. The square footage construction and design of the GAP housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units shall be the same for market rate units and GAP units. For developments where construction takes place in more than one'phase, all physical amenities shall be the same in both 17 1 6 0 2 5 the market rate units and the Gap housing units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and Gap housing units are the same within each and provided that in no event may a market rate unit or Gap housing unit in any phase contain different physical amenities. 24. Phasing. The percentage of Gap housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. 25. Disclosure. The developer shall not disclose to persons, other than the potential renter of the particular GAP housing unit or units, which units in the development are designated as GAP housing units. 26. GAP Housing Agreement. This Agreement is distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. This Agreement supercedes and replaces all prior Agreements confirming Gap Housing and Imposing Covenants and Restrictions on Real Property between the Parties. 27. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and the Land Development Code Regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of GAP housing units and the amount of GAP housing density bonus approved for the development 28. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 29. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of this Agreement. . 18 16025 30. Conflicts. To the extent this Agreement conflicts with the PUD, the PUD shall control. • • yy� 3i 19 { 1 60 2 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials,as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, Clerk COLLIER COUNTY,FLORIDA • vivo 1 ,' >t By: aii4/4 `ems -Attest as to el • Deputy Clerk Donna Fiala, Chairman signature oniv WITNESSES: Global Properties of Naples,LLC Print Name:Ye k O. �eU' By: Print Name: ;L\. \ (Z...( STATE OF FLORIDA COUNTY OF C, q*.‘ ca The foregoing instrument was acknowledged before me this 13 th day of Tit , 2016, bkiv;,L S\nwcw-}-, as r %a Nays,,- of ho is [ ] personally known to me, or [ ] has produced dri er's license no. S.D6 3- X13 - I- -3 Cas identification. t. NOTARY PUBLIC "� �. YEKATERINA REWIS Name: 9e kQ'f Q ; \,k R Qw �s .4 Commission►#FF 906459 '"4 Expires August 4,2019 (Type or Print) or Bonded Thru Troy Fen Insurance 8C0.385-7019 My Commission Expires: Approved as to form and legality: 20 3 16025 EXHIBIT"A" ti VINCENTIAN VILLAGE HMO LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 02°48'46" WEST ALONG THE EAST LINE OF SAID SECTION 32, A DISTANCE OF 1718.03 FEET TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL) AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02°48'46'} WEST ALONG SAID EAST LINE OF SECTION 32, A DISTANCE OF 884.02 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 32 AND THE NORTH LINE OF LOTS FORMERLY IN TRAIL ACRES UNIT 3 AS RECORDED IN PLAT BOOK 3, PAGE 94 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (VACATE!) BY INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 189, PAGE 1 792), 1`IIENCE RUN NORTH 8790'18" WEST ALONG SAID FORMER NORTH LINE OF TRAIL ACRES UNIT 3 AND THE NORTH LINE OP TRAIL ACRES UNIT 4 AS RECORDED IN I'LAT BOOK 7, PAGE 103 OP SAID PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, A DISTANCE OF 69536 FEET; THENCE RUN NORTH 39°04'37" WEST ALONG SAID NORTH LINE OF TRAIL ACRES UNIT 4 AND THE NORTH LINE OF SAID TRAIL ACRES UNIT 3, A DISTANCE OF 1081.98 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF SOUTi I WEST BOULEVARD; THENCE RUN NORTH 50°56'59" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1007,85 FEET TO AN INTERSECTION WITH SAID SOUTHERLY RIGHT-OF-WAY LINE, OF U.S. HIGHWAY NO. 41 (TAMIAMI TRAIL); THENCE RUN SOUC'H 39`'O3'26" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.05 FEET TO THE POINT OF CURVATURE OF A CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 3210.55 FEET,A CENTRAL ANGLE OF 14°34'44" AND A CHORD BEARING AND DISTANCE OF SOUTH 46°20'49" EAST, 814.73 FEET, RESSPECTIVELY; THENCE RUN SOUTHEASTERLY ALONG SAID CURVE AND THE SOUTHERLY RIGHT-01-WAY LINE, AN ARC DISTANCE OF 816,93 FEET TO THE SAID POINT OF BEGINNING. Subject to easements,reservations or restrictions of record. 21 160 EXHIBIT"B" FY 2016 Income Limits Summary .. FY 2016 Median , Persons in Family FY 2016 Income Limit Income Umit income - Cateyory Area 1 2 3 4 5 6 7 8 Very Low(50%) Income Limits($) 23,000 26,300 29,600 32,850 35,500 38,150 40,750 43,400 Explanation Extremely Low Collier $65,700 Income Limits($)* 13,800 16,020 20,160 24,300 28,440 32,580 36,730 40,890 County Explanation Low(800/0)Income Limits ($) 36,800 42,050 47,300 52,550 56,800 61,000 65,200 69,400 Explanation 22 16D25 EXHIBIT"C"- Owner The Developer agrees that a minimum of 40%of the dwelling units constructed, above the base density of 3 units per acre,shall be offered first to persons qualifying for Gap Housing (persons earning between 81% and 150%of the MSA as further defined above) subject to the above conditions. The percent of Gap Housing dwelling units shall be marketed as follows during the Initial Offering period: 1) Group A: A minimum of 34%of the Gap Housing units built shall be reserved and priced for a qualified buyer(s) earning 81%to 99.9%of the MSA. 2) Group B: A minimum of 33%of the Gap Housing units built shall be reserved and priced for a qualified buyer(s) earning 100%to 119.9% of the MSA. 3) Group C: The developer may elect to sell more units in groups A and/or B than are required. A minimum of the remaining percentage of the total Gap Housing units built shall be reserved and priced for a qualified buyer(s)earning 120%to 150%of the MSA. By way of example: Example 1: A three person household earns a total household income of$ 50,000 annually Group A) and can therefore spend no more than$ 15, 000 annually on the above defined household expenses. Assuming the following: a down payment of 5%, a 4%interest rate,a 30 year amortization, $ 1,400 per year in property insurance, and$2,422 per year in property taxes, the qualified buyers could qualify to purchase a designated Gap Housing unit in the development at a sale price of$205, 300. Example 2: A four person household earns a total household income on 68, 000 annually( Group B)and can therefore spend no more than$ 20,400 annually on the above defined household expenses. Assuming the following: a down payment of 5%, a 4%interest rate,a 30 year amortization, $ 1,400 per year in property insurance, and$ 3, 385 per year in property taxes,the qualified buyers could qualify to purchase a designated Gap Housing unit in the development at a sale price of$286, 900. ii 23 1 60 2 5 EXHIBIT"C"-Rental The Developer agrees that a minimum of 40% of the dwelling units constructed, above the base density of 3 units per acre, shall be offered first to persons qualifying for Gap Housing(persons earning between 81% and 150%of the MSA as further defined above)subject to the above conditions. The percent of Gap Housing dwelling units shall be marketed as follows during the Offering Periods: 1) Group A: Renter(s)earning 81%to 99%of the MSA. 2) Group B: Renter(s)earning 100%to 119%of the MSA. 3) Group C: Renter(s) earning 120%to 150% of the MSA. 4) In lieu of an identified rental price for the GAP Housing units, the pricing shall be based upon the qualified renter and or renters income to spend no more than 30% of the gross household income for rent and utilities (subject to the conditions contained within the Agreement). 5) For those households meeting the GAP requirements,the minimum household occupancy per unit is as follows, and may be waived to a lower number of occupants by the owner/developer: a. One Bedroom: minimum household occupancy of 1 b. Two Bedroom:minimum household occupancy of 2 c. Three Bedroom: minimum household occupancy of 3 By way of example: Example 1: A one person household earns a total household income of$37,716 annually(Group A)and can therefore spend no more than$11,315 annually on the above defined household expenses. The maximum rental rate,including Utilities that can be charged to this household is $943/month. '' fi Example 2: A two person household and an additional one person household are co-tenants in a 2 bedroom rental unit. The co-tenants earn a combined qualified income of$60,000 annually (Group B) and can therefore spend no more than$18,000 annually on the above defined household expenses. The maximum rental rate,including Utilities that can be charged to this household(s)is $1,500/month. 24 16025 . EXHIBIT"D" APPLICATION FOR GAP HOUSING UNIT (If there are more than two income earning household members,please complete additional forms) Date Occupancy Desired: Date of Application: Amt.of Sec.Deposit: Your Name: Race/National Origin:Handicap: Yes No Co-Tenant Name: Race/National Origin:Handicap: Yes No Present Address: Street - City State Zip Telephone No. Name of Landlord: How Long at this Address: Landlord's Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years,please state previous address: Street City State Zip Telephone No. APPLICANT: Present Employers Name: Address and Telephone No.: How long with Present Employer: Job Title: Gross Salary:Hourly$ Weekly$ Every 2 Weeks$ Monthly Social Security Number: is Previous Employers Name: Address and Telephone No.: How long with Previous Employer: Job Title: 25 II 1 60 2 5 CO-TENANT: Present Employers Name: Address and Telephone No.: How long with Present Employer: Job Title: [{i Gross Salary: Hourly$ Weekly$ Every 2 Weeks$ Monthly Social Security Number: Previous Employers Name: Address and Telephone No.: How long with Previous Employer: Job Title: NAMES OF ALL WHO OCCUPY UNIT BIRTH DATE SEX AGE SOCIAL SECURITY I. 2. 3. PERSONAL REFERENCE(Not Relatives) I.Name: Address: How Long Known: 2.Name: Address: How Long Known: I Signature of Tenant/Applicant Date Signature of Co-Tenant/Applicant Date 26 I i6fl2 EXHIBIT"E",Part 1 GAP HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number: Co-Tenant's Name: Social Security Number: Present Address: Street City State Zip Telephone No. I hereby make application for a unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out,omit,or fail to report my assets or forms of from income pensions,stocks,bonds,real property rent, sale,or ownership is a fraudulent act punishable by law. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Comp $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Soc Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ l Self-Employment Business, Silent Partner,etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ 1 i 27 is ii I; 16025 Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit.I understand that I am not required to surrender my ownership or rights or claimed property,pensions,or capital gains,etc. I authorize release of income related information for the purposes of validating reported income. PLEASE ATTACH VERIFICATION OF EACH OF THE INCOME SOURCES CITED. THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE, WORKFORCE, OR GAP UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE, WORKFORCE, OR GAP HOUSING UNIT. Signature of Tenant/Applicant Date Signature of Co-Tenant/Applicant Date Signature of Co-Tenant/Applicant Date st 28 p • 3 1 60 2 5 EXHIBIT"E",Part 2 GAP HOUSING APPLICANT INCOME CERTIFICATION (FORM MUST BE COMPLETED BY EACH INCOME EARNING HOUSEHOLD MEMBER) APPLICANT: Present Employer: Job Title: Address: Street City State Zip II I, ,hereby authorize the release of the information requested on this certification form. (Applicant) is Signature of Applicant STATE OF FLORIDA ) )ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally know to me or has produced as identification. Witness my hand and official seal this day of 20 (notary seal) Notary Public My Commission Expires: 29 33 t .pwY .1 r-- 0 c. i 1 9 EXHIBIT"F" APPLICANT INCOME CERTIFICATION FORM-EMPLOYER CERTIFICATION (1 for each applicant with income) Business or Employer Name: Business or Employer Address: Business or Employer Phone Number: Name of person at business completing this form: Position of person completing this form(Le.supervisor,human resources) Applicant's Gross Annual Income or Rate of Pay: $ Number of Hours Worked(Weekly): . Frequency of Pay: . Amount of Bonuses,Tips,or other Compensation Received: $ $ Monthly Annually Supervisor/Information Provider Date STATE OF FLORIDA ) )ss COUNTY OF COLLIER) The foregoing was acknowledged before me by .Who is personally known to me or has produced as identification. Witness my hand and official seal this day of ,20_. (notary seal) Notary Public My Commission Expires: THE 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 GAP UNIT. • 30 1 60 2 5 EXHIBIT "G" ASSIGNMENT OF AGREEMENT CONFIRMING ESP DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS Assignment of Agreement Confirming GAP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property ("Assignment") is made and entered into as of this day of , 20 , by and between ("Assignor") and ("Assignee"). STATEMENT OF FACTS A. Assignor heretofore entered into an Agreement Confirming ESE Housing Density Bonus 11 and Imposing Covenants and Restrictions on Real Property with Collier County on ("Contract"). Assignor wishes to assign the Contract to Assignee and the parties have entered into this Assignment. Now therefore, for good and valuable consideration, receipt of which is hereby acknowledged,the parties hereby agree as follows: 1. The above recitals are true and correct. 2. Assignor hereby sells, assigns, conveys, grants and sets over unto Assignee all of Assignor's right,title and interest in and to the Contract. 3. Assignee hereby accepts this assignment of the Contract, and agrees to perform and keep all terms, conditions, covenants, agreements, liabilities and obligations to be performed by the Assignor under the Contract. Assignor shall be relieved of any further obligations under the Contract. 4. This Assignment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 5. This Assignment shall be governed by and construed under the laws of the State of Florida. IN WITNESS WHEREOF, Assignor and Assignee have caused this instrument to be executed on the date reflected above. Assignor: Assignee: Name of Entity By: By: Print: Print: Title: Title: Date: Date: 31