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Agenda 10/13/2015 Item #11A. 10/13/2015 11.A. EXECUTIVE SUMMARY Recommendation to approve an Agreement Confirming ESP (Essential Services Personnel) Housing Density Bonus and Imposing Covenants and Restrictions on Real Property between Lord's Way Apartments, LLC and the Collier County Board of County Commissioners. This item is a companion to Item 9B. OBJECTIVE: To have the Board of County Commissioners (Board) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced agreement and render a decision regarding the agreement; and ensure the agreement is in harmony with all the applicable codes and regulations in order to ensure the community's interests are maintained. CONSIDERATIONS: The petitioner is requesting an amendment to the First Assembly Ministries Education & Rehabilitation Campus MPUD, which was approved by Ordinance Number 08-41 on July 2, 2008. This item is being presented as a companion item to the MPUD amendment. As background, Ordinance 08-41, Exhibit F (2A) [Affordable Housing GMP Commitments], requires that a minimum of 147 of the 296 affordable- workforce and market rate housing units, as they become available, will be ordered first to persons involved in providing essential services personnel (ESP) as defined in the County's Local Housing Assistance Plan (LHAP). The period of time, specific to rental units, will be reserved for persons providing .essential services will be a minimum of 14 days from the date of issuance of a certificate of occupancy for the initial offering and 14 days from the date a unit is offered thereafter. In the companion item, the time limits are proposed to be reduced from 60 to 14 days in the PUD and the ESP Housing Agreement as a result of the change of the intended use to rental. Exhibit F further states that the developer shall comply with the following affordable housing commitments upon approval of the SDP for Tract G, the multi - family tract. Exhibit F, 2B provided three options to the developer to comply with the affordable housing commitments. The first two are briefly stated, and the third one was selected by the developer: i) utilize the Affordable- Workforce Housing Density Bonus provisions, ii) utilize the State of Florida Community Workforce Housing Innovation Program (CWHIP) Project, or iii) The developer shall enter into an agreement with Collier county assuring that no fewer than 147 affordable- workforce and market rate housing units are constructed and, as they become available, will be offered first to ESP, persons involved in providing essential services in Collier County. Such agreement shall be in effect for not less than 15 years. Such an agreement shall provide that a minimum of 35 dwelling units shall be provided for those earning no more than 150% of the median income of Collier County, and a minimum of 25 dwelling units shall be provided for those earning no more than 80% of the median income of Collier County. It is important to note that this option (and the recommended agreement) provides two separate sets of criteria; those for Essential Services Personnel and also those for persons at the specified income levels. As such, the developer and their representatives worked with the Community and Human Services Division staff, staff from the Growth Management Department and the County Attorney's Office to develop the attached agreement. The agreement was presented at the August 6, 2015 Collier County Planning Commission (CCPC). The CCPC, by a vote of 7 to 0 it was recommended to forward the agreement to the Board for approval, Packet Page -306- 10/13/2015 11.A. subject to the stipulation to revise the definition of Essential Services Personnel to "Those individuals employed in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel, health care personnel, skilled building trades personnel (as listed in the U.S. Department of Labor, General Decision No. FL 150012, dated 3/20/2015, for building construction in Collier County, Florida, as may be amended or superseded from time to time), and government employees." It should also be noted that there was not an existing template or form for an Essential Services Personnel Density Bonus Agreement. To comply with the developer selection of an agreement, CHS has reviewed Section 2.06 — Affordable Housing Density Bonus Section of the Land Development Code (LDC). CHS recognizes the developer is not applying for an affordable housing density bonus and will not be executing an Affordable Housing Density Bonus Agreement. However, in order to construct an ESP agreement, Section 2.06 of the LDC provides the closest criteria and template for development of an Essential Services Personnel Density Bonus Agreement. The agreement is referenced in the companion item PUDA for consistency, and the language in the agreement is consistent with the recommended PUDA changes. Staff has prepared an Agreement Confirming ESP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property that reflects the analysis above. This agreement will be recorded in the Public Records, at the developer's cost, and is a separate and distinct agreement from "development agreements" as defined by Section 163.3220, Florida Statutes, as amended. FISCAL IMPACT: There is no new fiscal impact with the approval of this item. GROWTH MANAGEMENT IMPACT: Comprehensive Planning staff finds the proposed companion item PUD amendment consistent with the Future Land Use Element. Community and Human Services staff finds this agreement furthers the affordable- workforce housing goals of the Housing Element of the GMP. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote. - JAB RECOMMENDATIONS: Approve and authorize the Chairman to sign an Agreement Confirming ESP (Essential Services Personnel) Housing Density Bonus and Imposing Covenants and Restrictions on Real Property between Lord's Way Apartments, LLC and the Collier County Board of County Commissioners. Prepared by: Gino Santabarbara, Senior Grant and Housing Coordinator, Community and Human Services Attachments: ESP Agreement with Exhibits Packet Page -307- 10/13/2015 11.A. COLLIER COUNTY Board of County Commissioners Item Number: 11.11.A. Item Summary: Recommendation to approve an Agreement Confirming ESP (Essential Services Personnel) Housing Density Bonus and Imposing Covenants and Restrictions on Real Property between Lord's Way Apartments, LLC and the Collier County Board of County Commissioners. This item is a companion to Item 9C. If the companion item is not approved, this item will be continued or withdrawn. Meeting Date: 10/13/2015 Prepared By Name: SantabarbaraGino Title: Grants and Housing Coordinator, Senior, Public Services Department 9/18/2015 4:44:47 PM n Submitted by Title: Grants and Housing Coordinator, Senior, Public Services Department Name: SantabarbaraGino 9/18/2015 4:44:48 PM Approved By Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Public Services Department Date: 9/18/2015 5:42:20 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Public Services Department Date: 9/21/2015 12:06:15 PM Name: Bendisa Marku Title: Supervisor - Accounting, Public Services Department Date: 9/21/2015 1:42:22 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Packet Page -308- Date: 9/22/2015 11:15:44 AM 10/13/2015 11.A. Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/24/2015 10:38:25 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/24/2015 11:17:27 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 9/30/2015 3:00:44 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/2/2015 8:39:17 AM Packet Page -309- ^' AGREEMENT CONFIRMING ESP HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY 10/13/2015 11.A. This AGREEMENT is made of the day of , 2015 by and between Lord's Way Apartments, LLC (the "Developer ") and the Collier County Board of County Commissioners (the "Commission "), collectively, the "Parties ". RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (the "Property "). It is the Developer's intent to construct a maximum of 296 multi - family units on the Property. B. The Property is located within Collier Boulevard Community Facility Sub - district within the Future Land Use Element of the Growth Management Plan (the "GMP "). C. Pursuant to Collier County Ordinance No. 08 -41, the Property is zoned First Assembly Ministries Education and Rehabilitation Campus MPUD (the "PUD ") D. This Agreement is not intended to supersede or otherwise replace the PUD terms. 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: 1. The above Recitals are true and correct and are incorporated herein by reference. 2. The Developer agrees that a minimum of 147 ESP housing units will be constructed within the project and as they become available will be offered for rent first to Essential Service Personnel (ESP) persons involved in providing essential services in Collier County, as defined as follows: Those individuals employed in the community as teachers, educators, other school district employees, community college and university employees, police and fire personnel, health care personnel, skilled building trades personnel (as listed in the U.S. Department of Labor, General Decision No. FL 150012, dated 3/20/2015, for building construction in Collier County, Florida, identified as Exhibit "B", as may be amended or superseded from time to time), and government employees. A minimum of 35 of the 147 units n shall be offered for those earning no more than 150% of the median income of Collier County [15- GRC- 00429/1209651/1] Packet Page -310- cq 10/13/2015 11.A. and a minimum of 25 of the 147 units shall be offered for those earning no more than 80% of the median income of Collier County. The remaining 87 ESP units may be provided for those earning any level of income. The minimum timeframe for rental lease agreements for all unit types shall be seven months. 3. In an effort to attract ESP renters, the Developer will provide written notification at a minimum to Collier County, the Collier County School District, all local hospitals, City of Naples, and all independent fire districts that ESP 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 prioritizes units for ESP. 4. The period of time that the rental unit will be reserved and advertised first for ESP persons within the income categories identified in Exhibit "C" will be a minimum of 14 days from the date the unit is first advertised for rent and 14 days thereafter when a unit is offered for rent due to a projected or actual vacancy. If an ESP renter is not committed to a lease within the 14 day period, the unit may be offered for rent to a non ESP renter. 5. The restriction to provide units first to ESP renters shall remain in effect for 15 years. As units become available, the Developer shall first offer units to qualified renters, either ESP or income restricted ESP, whichever applicable, until the number of units described in paragraph 2 are maintained, in order to satisfy the terms of this Agreement. 6. The following provisions shall be applicable to the ESP 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 "C ", which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median Income. [ 15 -6 RC -004 2 9/ 1 2 09 65 1/11 Packet Page -311- 9 10/13/2015 11.A. ^' 7. Qualification Process. The Developer shall be responsible for qualifying tenants by accepting applications, verifying income and obtaining income certification for all income restricted ESP units in the subject development per procedures approved by the County which are described below. (a) Application. A potential renter shall apply to the Developer, owner, manager, or agent to qualify for the purpose of renting a unit and occupying a 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 ESP 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 venticanon from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the ESP 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 ESP Housing Applicant Income Verification form is Exhibit "E ", attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for ESP Housing Unit and ESP Housing Applicant Income Verification form, the Developer shall require that an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the ESP 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 ESP unit. The ESP n Housing Applicant Income Certification form is attached to this Agreement as Exhibit "F ". [15 -GRC- 00429/1209651/1] Packet Page -312- �'9 10/13/2015 11.A. 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 ESPs 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 fled 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 Affordable Workforce 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, an ESP 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 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 ESP 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. [ 15 -G RC-00429/120965 1/11 Packet Page -313- y 10/13/2015 11.A. ^` 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 without the express written consent of the Commission. The Developer shall provide an executed Assignment of Agreement Confirming ESP 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 ESP 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 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. Lord's Way Apartments, LLC c/o David E. Torres 7742 Alico Road Ft. Myers, Florida 33912 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. [15 -GRC- 00429/1209651/1] Packet Page - 314 - '�' 10/13/2015 11.A 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 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 147`h residential unit in the project. 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. 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 affordable ESP housing units for sale or rent shall be deed restricted to remain and be maintained as the required affordable ESP housing for a period of fifteen (15) years from the date of the last Certificate of Occupancy of the last ESP unit constructed. 22. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 23. Discrimination. (15 -GRC- 00429/1209651/1] Packet Page -315- � 10/13/2015 11.A 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 ESP 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 renting such ESP 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 ESP units. d. The ESP 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 ESP 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 ESP units. For developments where construction takes place in more than one phase, all physical amenities 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 and provided that in no event may a market rate unit or affordable unit in any phase contain different physical amenities. 24. Phasing. No more than 57 market rate dwelling units shall be constructed prior to the construction of all affordable - workforce housing dwelling units. 25. Disclosure. The developer shall not disclose to persons, other than the potential renter of the particular ESP housing unit or units, which units in the development are designated as ESP housing units. 26. ESP Housing Agreement. This Agreement is distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 27. Consistency. This Agreement and authorized development shall be consistent n with the Growth Management Plan and the Land Development Code Regulations of Collier [15- GRC- 00429/1209651/1) Packet Page -316- `� 10/13/2015 11.A. 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 ESP housing units and the amount of ESP housing density bonus approved for the development 28. Governing LLaw. 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. 30. Conflicts. To the extent this Agreement conflicts with the PUD, the PUD shall control. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk , Chairman WITNESSES: Lord's Way Apartments, LLC A Florida Limited Liability Corporation Print Name: By: Print Name: STATE OF FLORIDA COUNTY OF [15- GRC- 00429/1209651/11 Din Packet Page -317- 10/13/2015 11.A. The foregoing instrument was acknowledged before me this day of , 2015, by , as of has produced driver's license no. who is [ ] personally known to me, or [ ] as identification. NOTARY PUBLIC (SEAL) Name: (Type or Print) My Commission Expires: Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney A [ 15 -G R C-00429/1209651/ 1j Packet Page -318- c 10/13/2015 11.A. EXHIBIT A A parcel of land located in a pd e�Z `Set #on 14 lr g ti' Sontlz, Range 26 East, Calker County, Florida, being more pardcuiikhj��&*I sew as Vtl�/ Commence at the Northwest Corner of Section 14, Township 50 South, Range 26 East, Collier County, Florida; thence run S. 00°49'12 "W., along the West tine of the Northwest Quarter of said Section 14, for a distance of 1,338.98 feet to a point an the North Line of the South Hair of the Northwest Quarter of said Section 14; thence run N .87°28'39 "E., along the North Line of the South Half of the Northwest Quarter of said Section 14, for a distance of 1,593.26 feet to the Paint of Beginning of the Parcel of Land herein described; thence pontinue N.87 °28139 "E., along the North Line of the South Half of the Northwest Quarter of said Section 14, for a distance of 745.63 feet to a point on the East Line of the West Half of the East Hail' of the Southeast Quarter of the Northwest Quarter of said Section 14; thence run S.00 °48'18 "W., along the East Line of the West Half of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 14, for a distance of I,341.33,feet to a point on the South Line of the Northwest Quarter of said Section 14; thence run 5.87°31'14 7W., along the South Line of the Northwest Quarter of said Section 14, for a distance of 883.82 feet; thence run N.00 °48113 "E., for a distance of 213.59 feet; thence run N.22 019104 "W., for a distance of 94.95 feet; thence run N.00118'59 "e., for a distance of 216..38 feet; thence run N.87 028112" E, for a distance of 172.03 feet; thence run N.66%3138 "E., for a distance of 117.91 feet, thence run N. 00 °32'14 "E., for a distance of 441.42 feet; thence run S.MS'12 "W., for a distance of 8031 feet; thence run N.02031 100"W., for a distance of 335.86 feet, to the Point of Beginning. Bearings shown hereon refer to the West line of the Northwest Quarter of Section 14, Township 50 South, Range 26 East, Collier County, Florida as being S.00 049112 "W. Parcel Identification Number. 00418400700 Packet Page -319 -� U EXHIBIT i General Decision Number: FL150012 03/20/2015 FL12 Superseded General Decision Number: FL20140012 State: Florida Construction Type: Building County: Collier County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov /whd /govcontracts. Modification Number Publication Date 0 01/02/2015 1 01/09/2015 2 01/23/2015 3 03/06/2015 4 03/20/2015 ELEC0349 -005 09/01/2014 Entire County except that portion due west of Broward County and east of the south southwest corner of Hendry County Rates Fringes ELECTRICIAN ......................$ 25.55 8.08 ---------------------------------------------------------------- ELEC0728 -005 03/01/2015 Remainder of County Rates Fringes ELECTRICIAN ......................$ 28.50 10.65 ----------------------------------------------------------- ENGI0487 -007 07/01/2013 OPERATOR: Crane All Tower Cranes Mobile, Rates Fringes 10/13/2015 11.A. Packet Page -320- ko 10/13/2015 11.A. Rail, Climbers, Static - Mount; All Cranes with Boom Length 150 Feet & Over (With or without jib) Friction, Hydro, Electric or Otherwise; Cranes 150 Tons & Over; Cranes with 3 Drums (When 3rd drum is rigged for work); Gantry & Overhead Cranes; Hydro Cranes Over 25 Tons but not more than 50 Tons (Without Oiler /Apprentice); Hydro /Friction Cranes without Oiler /Apprentices when Approved by Union; & All Type of Flying Cranes; Boom Truck ..................$ 29.05 8.80 Cranes with Boom Length Less than 150 Feet (With or without jib); Hydro Cranes 25 Tons & Under, & Over 50 Tons (With Oiler /Apprentice); Boom Truck .......................$ 28.32 8.80 OPERATOR: Mechanic ..............$ 28.32 8.80 OPERATOR: Oiler .................$ 22.99 8.80 * IRON0272 -003 02/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL, REINFORCING AND STRUCTURAL ....... $ 23.76 7.78 ---------------------------------------------------------------- PAIN0365 -002 08/01/2014 Rates Fringes PAINTER: Spray ..................$ 15.75 7.88 ---------------------------------------------------------------- PLUM0630 -003 07/01/2013 Rates Fringes PIPEFITTER (HVAC Pipe Installation ) ....................$ 26.61 10.45 ---------------------------------------------------------------- SHEE0032 -003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation ) ....................$ 23.50 12.18 ---------------------------------------------------------------- SUFL2009 -008 0512212009 r� Packet Page -321- ; r,r 10/13/2015 11.A. Packet Page -322- C Rates Fringes BRICKLAYER .......................$ 18.95 0.00 CARPENTER ........................$ 16.23 3.70 CEMENT MASON /CONCRETE FINISHER ... $ 13.05 1.49 INSULATOR - PIPE & PIPEWRAPPER ... $ 13.13 3.03 LABORER: Asphalt Shoveler ....... $ 7.88 0.00 LABORER: Common or General ...... $ 11.79 2.03 LABORER: Concrete Saw (Hand Held /Walk Behind) ................$ 12.63 0.00 LABORER: Mason Tender - Brick ... $ 13.00 0.00 LABORER: Mason Tender - Cement /Concrete ..................$ 12.83 1.90 LABORER: Pipelayer ..............$ 12.31 1.19 LABORER: Roof Tearoff ........... $ 8.44 0.00 LABORER: Landscape and Irrigation .......................$ 12.00 0.00 OPERATOR: Asphalt Spreader ...... $ 11.41 0.00 OPERATOR: Backhoe /Excavator ..... $ 11.00 0.00 OPERATOR: Bulldozer ............. $ 15.01 0.00 OPERATOR: Distributor ........... $ 12.37 0.00 OPERATOR: Forklift ..............$ 14.00 0.00 OPERATOR: Grader/Blade .......... $ 13.73 0.00 OPERATOR: Loader ................$ 13.80 1.79 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) ......... $ 11.69 0.00 OPERATOR: Pump ..................$ 19.00 0.00 OPERATOR: Roller ................$ 10.68 0.00 OPERATOR: Screed ................$ 11.34 0.00 OPERATOR: Tractor ...............$ 9.91 0.00 OPERATOR: Trencher ..............$ 11.75 0.00 Packet Page -322- C 10/13/2015 11.A. PAINTER: Brush and Roller ....... $ 13.46 0.00 PIPEFITTER, Excludes HVAC 14.61 0.00 Pipe Installation ................$ 17.83 0.00 PLUMBER ..........................$ 13.58 0.00 ROOFER (Installation of Metal Roofs Only) ......................$ 14.26 0.59 ROOFER, Includes Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply, Slate, & Tile Roofs (Excludes Installation of Metal Roofs) ..... $ 13.92 0.52 SHEET METAL WORKER, Excludes HVAC Duct Installation ........... $ 18.79 3.21 TILE SETTER ......................$ 14.61 0.00 TRUCK DRIVER: Dump Truck ........ $ 10.00 0.00 TRUCK DRIVER: Lowboy Truck ...... ---------------------------------------------------------- $ 12.09 0.00 - - - - -- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198 -005 07/01/2014. PLUM is an abbreviation identifier of n Packet Page -323- (]A) 10/13/2015 11.A. the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012 -007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG -OH -0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated /CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1-­" 1.) Has there been an initial decision in the matter? This can Packet Page -324- L be: 10/13/2015 11.A. • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Packet Page - 325 - �`� /01*111 �N EXHIBIT C FY 2015 Income Limits Summary Income it Area 10/13/2015 11.A. Very Low (50%) Income Limits ($) 23,300 26,600 29,950 33,250 35,950 38,600 41,250 43,900 . ........ ..... . .. ......... ... . .. .......................... . . ....... .. . . . . .......... . ....... . . . .... Extremely Low Naples-Marco 0 i Income Limits $66,50 14,000 16,000 20,090 24,250 28,410 32,570 36,730 40,890 i Island, FL MSA ... . . ... . ..... .. ...... . .... . .......... ... ..... . ....... ............. ------ - ........... Low (800k) Income Limits ($) 37,250 42,600 47,900 53,200 57,SOO 61,750 66,000 70,250 Packet Page -326- Date Occupancy Desired: Your Name: Co- Tenant Name: Present Address: EXHIBIT D APPLICATION FOR AFFORDABLE HOUSING UNIT Date of Application: Amt. of Sec. Deposit: Race/National Origin: Handicap: Yes _ No Race/National Origin: Handicap: Yes _ No _ Street City State Zip 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: Telephone No. 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: CO- TENANT: Present Employers Name: Address and Telephone No.: How long with Present Employer: Job Title: Gross Salary: Hourly $ Weekly $ Every 2 Weeks $ Monthly $ Social Security Number: Previous Employers Name: Address and Telephone No.: How long with Previous Employer: Job Title: NAMES OF ALL WHO OCCUPY APARTMENT BIRTH DATE 1. 2. 3. PERSONAL REFERENCE (Not Relatives) L Name: Address: 2. Name: Address: 10/13/2015 11.A. SEX AGE SOCIAL SECURITY How Long Known: How Long Known: Packet Page -327- 4 4 � /01*N 10/13/2015 11.A. Date: Applicant's Name: Co- Tenant's Name: EXHIBIT E AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Social Security Number: 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 from income pensions, stocks, bonds, real property rent, sale, or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions, or capital gains, etc. TOTAL ANNUAL INCOME 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 THE HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Packet Page - 328 - �_.' Applicant Co- Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages /Salary $ $ $ $ Bonuses $ $ $ $ Tips $ $ $ $ Commissions $ $ $ $ Interest Income $ $ $ $ Trust Fund Income $ $ $ $ Unemployment $ $ $ $ Workman's Compensation $ $ $ $ Welfare $ $ $ $ Food Stamps $ $ $ $ Social Security $ $ $ $ Social Security Disability $ $ $ $ Supplemental SSI $ $ $ $ Family Assistance $ $ $ $ Child Support $ $ $ $ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self- Employment Business, Silent Partner, etc. $ $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME 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 THE HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY IN AFFORDABLE HOUSING UNIT. Packet Page - 328 - �_.' 10/13/2015 11.A. EXHIBIT F AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street City State Zip 1, hereby authorize the release of the information requested on this certification form. (Applicant) Signature of Applicant STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally know to me or has produced as identification. Witness my hand and official seal this day of 120 _ (notary seal) Notary Public My Commission Expires: EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly) . Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally; know to me or has produced as identification. Witness my hand and official seal this day of 120 (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. Packet Page -329- j 10/13/2015 11.A. EXHIBIT G ASSIGNMENT OF AGREEMENT CONFIRMING ESP DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS Assignment of Agreement Confirming ESP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property ( "Assignment ") is made and entered into as of this day of , 20l, by and between Lord's Way Apartments, LLC ( "Assignor ") and ( "Assignee "). STATEMENT OF FACTS A. Assignor heretofore entered into an Agreement Confirming ESP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property with Collier County on ( "Contract "). Assignor wishes to assign the Contract to Assignee and the parties have entered into this Assignment. Now therefore, for good and valuable consideration, receipt of which is hereby 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: Lord's Way Apartments, LLC By: By:_ Print: Print: Title: Title: Date: Date: Packet Page -330- ��