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Resolution 1998-099 16A 1 RESOLUTION NO. 98- ~ RESOLUTION AUTHORIZING FINAL ACCEPT ANCE OF THOSE ROADWAY. DRAINAGE, WATER AND SEWER IMPROVEMENTS IN MAJESTIC PINES. RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIAILlTY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE UOMEOWNERS ASSOCIA TION. WHEREAS. the Board of County Commissioners or Collier County, Florida, on I"ovember 1 J, 1992, approved the plat of Majestic Pines for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage. water and sewer improvements in accordance wilh the approved plans and specifications and as required by Ihe Land Development Code (Collier County Ordinance No. l) I_I 02. as amended); and Ihe Utililies Standards and Procedures Ordinance (Collier County Ordinance No. 97- 17). and WHEREAS. the developer has now requested final acceptance of the roadway. drainage. water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Sen'ices D~..partment has inspected the roadway, drainage. water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY (,O~fMISSIOI"ERS OF COLLIER COUNTY, FLORIDA, thai final acceptance be !:;rantcd for those roadway, drainage, water and scwer improvements in Majestic Pines, Hlld authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance lInd other allendant costs for the roadway. drainage. water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted aOer motion. second and majority vote favoring same. . , '. /" DATE: 7';':"''':''/ ,.I ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . '/ -,.:... 9" ,.?h~ . II L ,,,;. '-<,,: ;-.' ~~,. . . / r " !,tt~;tI~:'I to Chllfraan', !:: gf'iL: t:;r~ on lJ. Approved as to form and legal sufficiency: /1 BY:&.~~ ~ __ BAR RA B. B'ERR~et - ' Heidi F. Ashton Assislanl Collier County Attorney , , 'I. 16A 2 PERPORMANCE AGREEMENT Rental Rehabilitation Program THIS PERFORMANCE AGREEMENT, made and entered into this 4th day of March, 1998, by and hp-!:wf?en Community Housi.ng Partnership of Collier County, Inc., (Developer), its successors and assigns, party of the first part, and Collier County, a political sub- division of the state of Florida, party of the second part, WITNESSETH: \'lHEREAS, the party of the first part, has applied for and received a Rental Rehabilitation Loan through the Department of Housing and Urban Improvement, Collier County, Florida; and, WHEREAS, t~e proceeds of said loan shall be applied toward the rehabilitation of certain improvements located in Collier County, Florida, more particularly described below, which property shall be used for residential rental purposes under the terms and conditions described herein; and, WHEREAS, the purpose of the above-mentioned loan, as evidenced by th~ promissory note and mortgage executed this date, and the restrictions and covenants set forth herein is to rehabilitate property in Collier County, Florida which will provide decent, safe, and sanitary housing, principally for the benefit of low to moderate income persons, in a nondiscriminatory manner, and therefore; the party of the first part recognizes, covenants and agrees that the restrictions set forth herein shall be adhered to during the stated term regardless of the satisfaction of the promissory note and mortgage and note executed herewith or any other liability which the party of the first part may have the party of the second part. NOW, THEREFOR, the party of the first part does hereby acknowledge the facts and purposes under which these restrictions are executed as described in the preamble hereinabove set forth and does furthermore incorporate said facts and conditions as if set forth herein in full; FURTHERMORE, the party of the first part additionally acknowledge, covenant and agree, 1 does for hereby himsel f . 1 6A - 2 hers~lf, or itself, his, hers, or its h~irs, succeSS0rs and assigns, to the conditions and restrlctions set forth as follows: 1. The De'feloper shall not for a period of fifteen (IS) years, beginnir.g on the date which the rehabilitation of the units in the project is completed, discriminate against prospective tenants on the basis of their children or eligibility for housing assistance. In the event that such discrimination does occur, the party of the first part shall be subject to repayment of the entire unpaid Rental Rehabilitation Loan amount, and payment of all attorney's fees and court costs incurred by the party of the second part for collection of the same. 2. The Developer agrees that it shall not sell any of the individual rental units rehabilitated with Rental Rehabilitation Loan funds for at least (15) years beginning on the date on which the rehabilitat:on of the units in the project is completed. In the event of su=h a sale, the party of the first part shall be subject to repayment of the entire unpaid Rental Rehabilitation Loan amount, and payment of all attorneys fees and court costs incurred by the party of the second part for collection of same. 3. The Developer agrees that it shall designate the (12) unit apartment tuilding as very low income. 4. The monthly base rent for the affordable units may be increased each year from the date of this Agreement as long as the rent does not exceed one-twelfth (1/12) of 30 percent of an amount which represents 50 percent (for very low income), of the applicable median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development for the area defined as the Naples Metropolitan Statistical area (MSA). The foregoing notwithstanding, any rent charged for an affordable housing unit rented to a very low income family shall not exceed 90 percent of the rent charged for a comparable m~rket rate dwelling in the same or similar development. 5. 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 2 16A 2 Naples Met~opolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit A, which shall be adjusted from time to t.ime in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publ ish 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. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and certified in accordance with this Agreement as a very low income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. 7. The developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (ine! uding the entire household) may be used for the purpose of income verification, which includes a statement of release information, tenant verification of the return, and a signature block with the date of application, The verification shall be valid for 90 days, 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. 8. At a minimum, the rental agreement shall include the following: (i) (ii) (iii) (iv) (v) name, address, and telephone number of the head of household and all other occupants; a description of the unit to be rented: the term of the lease: the rental amount; the use of the premises; 3 16A' 2 (vi) monitoring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the parties. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement may be conducted by the Housing and Urban Improvement Director. 9. The party of the first part shall provide the Housing and Urban Improvement Director an annual progress and monitoring report regarding the delivery of affordable housing rental units throughout the period of their construction, rental and occupancy. The report shall be filed on or before September 30 of each year and the report shall submitted by the Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monit~ring report to the Housing and Urban Improvement within sixty (60) days from the due date shall result in penalty of up to ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) submission deadline. No more than one extension may be granted in a single year. The progress and monitoring report shall be in a form provided by the Housing and Urban Improvement Director. 10. No affordable Unit in any building or structure on the property shall b~ occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 11. The Developer hereto acknowledges that the Director of Collier County Housing and Urban Improvement or his designee shall have the authority to monitor and enforce Developer'S obligations hereunder. 12. These Performance Agreement Covenants and restrictions shall run with the land for a term of fifteen (IS) years as stated herein above from the date ?f completion of rehabilitation of all units in the project and the purpose of this paragraph is to insure that all subsequent purchasers and/or assignees are bound by these restrictions unless the promissory note and mortgage executed herewith are fully satisfied. 4 13, Provisions of this ~erformance Agreement shall be enforceable by the party of the second part by injunctiv~ and/or other appropria~e relief. 14. The pr~perties against which this Perform~nce Agreement shall apply is 3ddressed as 4948 Biscayne Drive, Naples, Florida and is particularly described as follows: NAPLES SOUTH UNIT BLK 16 LOTS 11 & 12 OR 826 PAGE 1552 AND TPOPIr:AL IolANOR r:OflDO APT fl1 OR 826 PAGE 1552 AriD TROPICAL IolAr/O?, COIIDO APT 10.2 'JP. ~L(J E'AGE 652 AND TROPI<:AL I1AllOR CONDO APT Bl OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT B2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT C1 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT C2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT 01 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT 02 OR 826 PAGE 652 AND TROPICAL MANOP. COllDO APT E1 OR 826 PAGE 652 AND TROPICAL MANOR APT E2 OR 826 PAGE 652. IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. 5 16A 2 : ':, :~ 'r .. 11/ ,v 1/4./1-01 jJ~", State of Florida County of Collier 16A ? )~. Vanessa Fitz, Pr i ent, Community Housi Partnership of Collier County, Inc. The foregoing Performance Agreement was acknowledged before me by Vanessa Fitz, President, Community Housing Partnership of Collier County, Inc. ~rr.!._P_Y Krl:C?wo to me or who produced as identification. """/1/ WITNESS my hand and official seal this /09"'- day of --1.1' 14.1 L'.J.-. , 1998. (affix notary seal) '1'"' JOHN.....-.oN ".,~~7 * *............. ~,. ,- ~ __IlFHAl .., .. ..;;t lIOOo422.'_ / DATED: j//}j{1t' ATTEST: Dwight E. Brock, Clerk d,./#-.~_ .Y:~_ ,>' II "';r/ . / ;' 'tt..~t ~~ ~~ r~~~rmJn'$ s t gni.1ture .:..~ 1;; . Notary Public +~ ,.f p!/,.JJ;#--- My commission"-i~Pires: ~~;~' )..1)1~~' BOARD OF COUNTY COMMiSSIONERS COLLIER COUNTY, FLORIDA .y,~,~.~ Bar ra 8, 8er:;1~ Ch . 6 2 , . 16A 2 Exhibi t "A" Leqal Addres:;: NAPLES SOUTH UNIT BLK16 LOTS 11 & 12 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT A1 OR 826 PAGE 652 AND TROPICAL MANOR CONDO ART A2. OR 826 AND TROPICAL MANOR CONDO APT 81 OR 626 PAGE 652 AND TROPICAL MANOR CONDO APT B2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT C1 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT C2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT 01 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT D2 OR 826 PAGE 652 AND TROPICAL MANOR CONDO APT E1 OR 826 PAGE 652 AND TROPICAL MANO.B CONDO APT E2 OR 826 PAGE 652. 7