Agenda 10/27/2020 Item #16D11 (Release of Lien & Termination Agreement)10/27/2020
EXECUTIVE SUMMARY
Recommendation to approve: (a) Release of Lien, and (b) Termination of Agreement Authorizing
Affordable Housing Density Bonus and Restrictions on Real Property as a result of full payment of
fees and satisfaction of the affordability period for Oakhaven Apartments.
OBJECTIVE: To release a lien and terminate an Agreement Authorizing Affordable Housing Density
Bonus and Restrictions on Real Property for an affordable housing project that has met its long-term and
financial obligation.
CONSIDERATIONS: Pursuant to the "Consolidated Impact Fee Ordinance," the County may defer
impact fees for new owner -occupied or rental dwelling units qualifying as affordable housing.
An Agreement for Waiver or Deferral of Collier County Impact Fees was executed September 21, 1993,
between Collier County and B&B Properties to defer impact fees in the amount of $189,224.31 for a 15-
year period for the Oakhaven Apartments (Oakhaven). On September 27, 2005, an Addendum extending
the deferral period to September 27, 2020, and correcting the owner to Oakhaven Apartments Ltd was
executed.
The impact fees deferred for the construction of the residential dwelling units have been paid in full and a
release of lien is needed. The following table sets forth the details:
Name
Property
Payoff Amount
Official Record
B&B Properties/
580 Oakhaven Circle,
$189,224.31
Agreement: OR Book 1872 PG 1724
Oakhaven Apartments
Immokalee, FL 34142
Addendum: OR Book 3900 PG 3284
Ltd.
Also, in 1993 the Board of County Commissioners (Board) approved an Agreement Authorizing
Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property for
Oakhaven (the Agreement). On July 27, 1993, the Agreement was recorded in OR Book 1849 PG 700, of
the Official Records.
The Agreement granted a density bonus of 7.93 units per acres, for a total resulting gross density of 14
units per acre and a maximum of 160 units. Section C.2.b.14 of the Agreement provides for a 15-year
restriction requiring 99.375% (159) of the units to be rented at rates affordable to low- and very low-
income households. The Developer met the requirements and in fact exceeded the term by thirteen (13)
years.
The terms of its Agreement have been completed and it is, therefore, necessary for the County to
terminate the Agreement. Approval of this Item will authorize the Chairman to sign the two documents
presented which will be recorded in the Official Records of Collier County, Florida.
FISCAL IMPACT: The applicable Impact Fee Funds were paid from the Unincorporated Areas General
Fund MSTU Fund (111) at the time of deferral. Therefore, the $189,224.31 has been deposited into Fund
(111).
LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote
for Board action. -JAB
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
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16.D.11
10/27/2020
recommendation.
RECOMMENDATION: To approve: (a) Release of Lien, and (b) Termination of Agreement for Waiver
or Deferral of Collier County Impact Fees as a result of full payment of fees and satisfaction of the
affordability period for Oakhaven Apartments.
Prepared By: Hilary Halford, Sr. Grant & Housing Coordinator, Community and Human Services
Division
ATTACHMENT(S)
1.Oakhaven Agreement density bonus 7.27.1993 OR 1849 page 700 (PDF)
2. Termination of Agreement OAKHAVEN stamped (PDF)
3. Addendum to Agreement for Waiver or Deferral of Collier County Impact Fees (PDF)
4. Agreement for Waiver or Deferral of Collier County Impact Fees (PDF)
5.Oakhaven Cashier's Check (PDF)
6. Satisfaction and Release of Lien Oakhaven (PDF)
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16.D.11
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.11
Doe ID: 13716
Item Summary: Recommendation to approve: (a) Release of Lien, and (b) Termination of
Agreement Authorizing Affordable Housing Density Bonus and Restrictions on Real Property as a result
of full payment of fees and satisfaction of the affordability period for Oakhaven Apartments.
Meeting Date: 10/27/2020
Prepared by:
Title: — Community & Human Services
Name: Hilary Halford
09/30/2020 9:19 AM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
09/30/2020 9:19 AM
Approved By:
Review:
Community & Human Services
Cormac Giblin
Additional Reviewer
Community & Human Services
Kristi Sonntag
CHS Review
Community & Human Services
Maggie Lopez
Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Level 1 Reviewer
Capital Project Planning, Impact Fees, and Program Management
Amy Patterson
Public Services Department
Todd Henry
Level 1 Division Reviewer
Public Services Department
Steve Carnell
Level 2 Division Administrator Review
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Budget and Management Office
Ed Finn
Additional Reviewer
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
10/02/2020 11:16 AM
Completed
10/03/2020 11:09 AM
Completed
10/05/2020 6:07 PM
Completed
10/06/2020 4:42 PM
Additional Reviewer Completed
Completed
10/13/2020 9:00 AM
Completed
10/13/2020 11:57 AM
Completed
10/19/2020 8:49 AM
Completed
10/19/2020 8:56 AM
Completed
10/20/2020 10:22 AM
Completed
10/20/2020 11:03 AM
Completed
10/20/2020 12:00 PM
10/27/2020 9:00 AM
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16.D.11.a
COLLIER COUNTY
REC )33-co
PRM oD a VVrWFNT AUTHORIZING AFFORDABLE HOUSING
DOC PENSTTY BONUS AND IMPOSING COVENANTS AND
INT RESTRICTIONS ON REAL PROPERTY
1ND —'
THIS AGREEMENT is made as of the l _ day of ,
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1993, by and between B & PROPERTIES OF SOUTH FLOR D!�INby
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its duly authorized undersigned officer (the "Developer") and the o
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Collier County Board of County Commissioners (the "Commission").
RECITALS:
1W ,iDl. 27 N9 0 29
RECORDED
MAY 3, 1993
OAKHAVEN AGREEMENT
A. The Developer owns a tract of real property described
as (complete legal description) THE S.E. 1 L OF THE N.W. 1/4 OF
S E V4 SECTION 4 TOWNSHIP 47 SOUTH, RANGE 29 EAST. AND
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BEGINNING AT THE S.W. CORNER OF THE N.E. 114 OF THE S.E. 1/4, -D `
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SECTION 4 TOWNSHIP 47 SOUTH, RANGE 29 EAST: THENCE EAST 198 FEET; G-)
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Tteo mn TT7LUTTP A 11A A Cf-IM I C`
FLORIDA (The
include B_ & B
Developer"s int
units (the "Unii
on the Property
The number of a
one hundred fi
, The
gross acreage
)le Units con.,
equitable owners
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It is the
\IIN,C.
�160
0
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residential
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nits per gross acre
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a
is 11.49 acres.
a)
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Developer shall be
g ninety-nine and
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three hundred seventy- u i io s ls'(99.375%) percent of the
total number of residential Units in the development.
B. In order to construct the Units, the Developer must
obtain a density bonus from the Commission for the Property as
provided for in the Collier County Affordable Housing Density
Bonus Ordinance No. 90-89, which density bonus can only be
granted by the Commission in accordance with the strict
limitations of said Ordinance.
C. The .Commission is willing to grant a density bonus to
the Developer authorizing the construction of 91 bonus Units
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on the Property, if the Developer agrees to construct affordable
J1 Units as specified in this Agreement and the Developer covenants
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4
MAY 3, 1993
OAKHAVEN AGREEMENT
and agrees to use the affordable units only as rental property.
Now, THEREFORE, in consideration of the approval and
granting of the density bonus of 7.93 units per acre
requested by the Developer and the benefits conferred thereby on C2u
the Property, and for other good and valuable consideration, the c;
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receipt and sufficiency of which are hereby acknowledged, the
Developer and the commission hereby covenant and agree as
follows:
1. Recitals. The above recitals are true and correct and
are incorporated herein by reference.
2. Developer Agreements. The Developer hereby agrees that
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it shall construct one hundred fifty-nine (159) affordable Units G-)
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which Units shall be rented --in accordance with the terms and
conditions of this ea ified by the attached
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Appendix A, Exhb;�f and Exhibit -"a, hwhich Appendix is
incorporated by "fei ice herein and_ constitutes a part of this
Agreement. Units ,a �e m �ey��a not an affordable
(+� �' � + Arm the provisions of
Unit Market -Rate; U its) shl b t'`
this Agreement', rei�t,6d3 ,the Developer on
terms and condo 'qs acceptable to he, D6VOIMper in its sole
discretion. withtorty-five (45)� from the date that
notice is received come„ Copitlsia, the Developer shall
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provide on -site manage en M satire appropriate security,
maintenance and appearance of the development and the dwelling
Units.
a. The following provisions shall be applicable to
the affordable Units:
(1) Definitions. Any and all definitions
provided by Ordinance No. 90-89, as amended, are hereby
incorporated by reference.
Phasing shall mean (a) the phased construction of
buildings or structures in separate and distinct stages as shown
on a PUD master plan, subdivision master plan or site development
plan; or (b) in developments where phased construction is not
depicted on a PUD master plan, subdivision master plan or site
Page 2 of 15
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MAY 3, 1993
OAKHAVEN AGREEMENT
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development plan, the construction of buildings or structures in
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a clearly defined series of starts and finishes that are separate
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and distinct within the development. u_
(2) Base Rent. The monthly base rent for the Q
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affordable Units shall be in accordance with the rents specified Q _
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in the attached Appendix A, Exhibit A. The monthly rent may be t >
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increased each year from the date of the Agreement as long as the M
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increase does not exceed the annual increase in the Consumer c
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Price Index (CPI) or five (5%) percent, whichever is less. At no 0
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time shall the rent exceed one -twelfth (1J12th) of thirty (30%) r
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percent of an amount which represents fifty (50%) percent (for c
very low income) , and eighty (80%) percent (for low income) of D t c
the then applicable median adjusted gross annual income for the y
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household as published n u 1 �t e t�S,� Department of Housing m
and Urban Develop► 'for the are Y�d ed as the Naples
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Metropolitan Sato ai Area (MSA The foregoing M
notwithstandingi an4� c Yge , or an a_f ordable housing unit
o r oa rented to a low m y~Qnoe mlyshall not exceedmlyshall not exceed
ninety (90%) pe 'S_641:6'f� t ent c�Lrg"r comparable market M
rate dwelling ina same or similar' evelo
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(3 ' *adian Income. e purposes of this
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Agreement, the media bmg_of thq defined by the U.S. M
Department of Housing anAJ_U_] u oprent (HUD) shall be the
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then current median income for the Naples Metropolitan ti
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Statistical Area, established periodically by HUD and published
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in the Federal Register, as adjusted for family size as shown on
the tables attached hereto as Appendix ?+, Exhibit C, which �
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Exhibit shall be adjusted from time to time in accordance with
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any adjustments that are authorized by HUD or any successor
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agency. In the event that HUD ceases to publish an established L
median income as aforesaid, the parties hereto shall mutually r_
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agree to another reasonable and comparable method of computing >
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adjustments in median income. c
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(4) Eligibility and QualifiCation of Tenant.
0 Family income eligibility is a three -step process: 1) submittal E
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16.D.11.a
MAY 3, 1993
OAKHAVEN AGREEMENT
of an application by a prospective tenant; 2) verification of
family income; and 3) execution of an income certification form.
All three steps shall be accomplished prior to a tenant being
qualified as an eligible family to rent and occupy an affordable p '
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housing unit pursuant to the affordable housing density bonus
program. No person shall occupy an affordable housing unit
provided under the affordable housing density bonus program prior
to being qualified at the appropriate level of income (low or
very low income) in accordance with this Section.
The Developer shall be responsible for qualifying tenants by
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accepting applications from tenants, verifying income and
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obtaining income certification for all affordable units in the
subject development.
documentation require
Housing and Urban;°� loo
Developer of anyf M tgna
subject to review jr�d--j
and enforcement pr var
Commission.
(a)
apply to the deve i e`i-
low or very low inch
pplipations, forms and other
W � ti 1 1 be provided to the
Directo alification by the
eligfle t Want family shall be
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h the monitoring
v� a
I resolution of the
tenant shall
owner, manager,-'r gent to qualify as a
of renting and
occupying an affordable'"fi&� al unit pursuant to the
affordable housing density bonus program. The Preliminary
Application for Affordable Housing Unit shall be provided by the
Housing and Urban Improvement Director as shown in Appendix B,
Exhibit A, attached to this Agreement and incorporated by
reference herein.
(b) Income verification and Certification.
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 and ordinance No.
90-89, as amended, as a low or very low income family. Tenant
income verification and certification shall be repeated annually
to assure continued eligibility.
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16.D 11.a
MAY 3, 1993
OAKHAVEH AGREEMENT
(c) Ineoso verification. The Developer
shall obtain written verification from the potential occupant
(including the entire household) to verify all regular sources of o
income (including the entire household). The most recent year's ur;
federal income tax return for the potential occupants (including x
the entire household) may be used for the purpose of income
verification, if attached to the Affordable Housing Applicant
Income verification form, which includes a statement to release
information, tenant verification of the return, and a signature
block with the date of application. The verification shall be
valid for up to ninety (90) days prior to occupancy. Upon D
expiration of the 90 day period, the information may be verbally
updated from the original sources for an additional 30 days,
provided it has bee,�r person preparing the
original verifica il:;.'°'After this tiie w verification form
must be completed,, e A�fsa��ab�1� Housing\ Applicant Income
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Verification fx)rm/ r� ' �e Dousing and Urban
Improvement Direco as shw�tr n�i*43
, Exhibit B, attached
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to this Agreem� i rat d : y rafj=epere, Herein.
(d) Income ceztAfigat�2o#�/ Upon receipt of
the Preliminary`'°ication for A Housing Unit and
Affordable Housin � �c nt Inrc®nt iification form, the
Developer shall require ZI'I i ote certification form shall
be executed by the potential tenant (including the entire
household) prior to rental and occupancy of the affordable
housing unit by the tenant. Income certification shall assure
that the potential occupant has a low or very low household
income which qualifies the potential occupant as an eligible
family to rent and occupy an affordable housing unit under the
affordable housing density bonus program. The Affordable Housing
Applicant income Certification form shall be provided by the
Housing and Urban Improvement Director as shown in Appendix B,
Exhibit C, attached to this Agree«enit and incorporated by
reference herein.
Page 5 of 15
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16.D.11.a
MAY 3, 1993
OAKHAVEN AGREEMENT
(e) Rentai Agraa=ent. At a minimum, the
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rental agreement shall include the following:
(i) 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;
(iv) the rental amount;
(v) the use of the premises;
(vi) monitoring and enforcement provisions, including
disqualification of tenant; and
(vii) the rights and obligations of the parties.
Random inspection of files containing required documenta-
tion to verify occupancy in accordance with this Agreement and -D
D-
Ordinance No. 90-89, as amended, may be conducted by the Housing m
and Urban Improvement Director.
(5) Disqualification of Tenant. In the event
that tenant qualification is not subsequently confirmed by the
Housing and Urban Improti his designee, then such
tenant shall be pd to vacate °;affordable unit. If
tenant vacation f t)f"ffarable unit is1 he 'result of an error,
omission or misrepresenta ipxa"" ade �y De loser, tenant shall
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vacate the aff6rd#1 7u,4vt(w t in' h r y 30�) days and Developer
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shall pay Pena �a s ide b the orate ` ri'9 and enforcement
program. If te�t vacation of the ffo�da��� nit is the result
of a misreprese a iqn made by the "i 'kenant shall vacate
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the affordable un n 15 da s,,_4 all pay penalties as
provided by the monittriii (al enforcement program. such
eventuality shall be expressly detailed in the lease agreement
between Developer and tenant.
(6) Annual Progress and Monitoring Report. The
Developer 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 annual progress
and monitoring report shall, at a minimum, provide any informal-
tion reasonably required to insure compliance with Ordinance No.
90-89 or subsequent -amendments thereto. The report shall be
filed on or before September 30 of each year and the report shall
be submitted by the Developer to the Housing and Urban Improve -
Page 6 of 15
Packet Pg. 1272 ;
i[:1lINEW
MAY 3, 1993
OAKHAVEN AGREEMENT
ment Director. Failure to complete and submit the monitoring
report to the Housing and Urban Improvement Director within sixty :Z; -
(60) days from the due date shall result in a penalty of up to CD
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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. The progress and
monitoring report shall be in a form provided by the Housing and
Urban Improvement Director. .n <
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(7) Occupancy Restrictions. No Affordable Unit c,)
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in any building or structure on the Property shall be occupied by <
the Developer, any person related to or affiliated with the
Developer, or by a resident manager.
3. Density Bonus hereby acknowledges that
the Developer has , I required c th ns to qualify for a
density bonus, in tien-a.,to the base eslential density of
6 units perf act and �t2 refor granted 4 density bonus of
7.93 densitybou ulisabeV� total (total =
a fl
density bonuses ,. gBs s rga#jof 91 density
bonus units, uant to Collie Cont fordable Housing
Density Bonus Or Lace No. 90-a9. *1sion further agrees
that the Develope construct in the aggregate a
maximum number of i60r1 e Property provided the
Developer is able to secure building permit(s) from Collier
County.
4. Commission Agreement. During the term of this
Agreement, the Commission acting through the Housing and Urban
Improvement Department or its successor(s) covenants and agrees
to prepare and make available to the Developer any general
information that it possesses regarding income limitations and
restrictions which are applicable to the affordable Unit.
S. Violations and Enforcement
a. Violations. It shall be a violation of this
Agreement and the Collier county Affordable Housing Density Bonus
Ordinance to rent, sell or occupy, or attempt to rent, sell or
Page 7 of 15
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%_" I Packet Pg. 1273
16.D.11.a
MAY 3, 1993
OAKHAVEN AGREEMENT
occupy, an affordable housing rental unit provided under the
affordable housing density bonus program except as specifically
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permitted by the terms of this Agreement; or to knowingly gives;
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false or misleading information with respect to any informationD
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required or requested by the Housing and Urban Improvement?`
Director or by any other persons pursuant to the authority which
is delegated to them by the ordinance.
Collier County or its designee shall have full power to
enforce the terms of this Agreement. The method of enforcement
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for a breach or violation of this Agreement shall be at the c
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option of the Commission by criminal enforcement pursuant to they
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provisions of Section 125.69, Florida Statutes, or by civil
enforcement as allowed by law.
b. Notioe tif�
Proceedings. When,
gr,
of this Agreeme�nt
Enforcement Board,�
sent by the Hcousi
3
return -receipt 1'.r
person or Bevel .
Violation shall
Housing and Urban
A""It is determii
4tat--sheuld be
hen a N.tkc of
`" µ� fan g Urbn I��
in violation of
L'rk writing, shal
f�or,,,Code Enforcement Board
e14 -,there is a violation
enf'ced before the Code
olatio'p shall be issued and
er'Dretor by certified
i
rL h�i d`delivery to the
� f
e Lard% a e. The Notice of
ld'no and dated by the
st"o `S,'°`or such other County
personnel as may bea? the Board of County
Commissioners, shall specify the violation or violations, shall
state that said violations(s) shall be corrected within ten (10)
days of the date of the Notice of Violation, and shall state that
if said violation(s) is/are not corrected by the specified date
in the Notice of Violation, the Housing and Urban Improvement
Director shall issue a citation which shall state the date and
time of issuance, name and address of the person in violation,
date of the violation, Section of this Agreement or of Ordinance
No. 90-89 or subsequent amendments thereto violated, name of the
Housing and Urban Development Director, and date and time when
the violator shall appear before the Code Enforcement Board.
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16.D.11.a
HAY 3, 1993
OAKHAVEN AGREEMENT
C. Certificate of occupancy.. In the event that the
Developer fails to maintain the affordable units in accordance
with this Agreement or with Ordinance No. 90-89, as amended, at o
the option of the Commission, building permits or certificates of rs c,
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occupancy, as applicable, may be withheld for any future planned CD �s
or otherwise approved unit located or to be located upon the
Property until the entire project is in full compliance with this
Agreement and with Ordinance No. 90-89, as amended.
6. Assignment by Commission. The commission may assign
all or part of its obligations under this Agreement to any other =
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public agency having jurisdiction over the Property provided that
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it gives the Developer thirty (30) days advance written notice -M r
thereof. The Developer may not „\assign, delegate or otherwise
transfer all or part opligations, or promises
71
under this Agreemenny successorirest to the Property
without the express!/ consent o thetCommission, which
consent may be1,withheld fo'X- reason wha�soeiver. Any attempt
to assi n the � $ s ' b i o / 'rom�ses under this
g� 9 "
Agreement to aey trest t } 'Property without
the express wriv� consent of the isic2x,? required by this
Section shall b e°vab initio.
�. Severabili8 wTf any s ^°phrase, sentence or
a
441
portion of this Agreemezn reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent
provision, and all other provisions shall remain effective and
binding on the parties.
8. Notice. Any notices desired or required to be given
under this Agreement shall be in writing and shall either be
personally delivered or shall be sent by mail, postage prepaid,
to the parties at the following addresses:
To the commission: HOUSING & URBAN IMPROVEMENT DEPT.
3050 N. HORSESHOE DR., SUITE 158
NAPLES, FLORIDA 33942
Page 9 of 15
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16.D.11.a
MAY 3, 1993 m
OAKHAVEN AGREEMENT
cc
'To the Developer: B 6 B PROPERTIES OF SOUTH FLORIDA, INC. 0
4750 MCWILLIE DR., i108-A Q
JACKSONVILLE, MISSISSIPPI 39206-5606
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and d
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To the Developer's 0
Registered Agent: R. SCOTT PRICE, ESQ. m
4501 TAMIAMI TRAIL N., SUITE 400 G. li
NAPLES, FLORIDA 33942 z
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Any party may change the address to which notices are to be sent C�)
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by notifying the other party of such new address in the manner m
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set forth above. Y
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9. Authority to Monitor. The parties hereto acknowledge o
that the Director of Collier County Housing and Urban Improvement o
or his designee shall have the authority to monitor and enforce c,
Developer's obligations hereunder. b y>
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10. Indemnify. The Dev;o hereby agrees to protect,
defend, indemnify 310} Co1'�, my and its officers, d
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employees, and :actits harmless from~dgainst any and all
claims, penalhies4 ges; Wloss6 and exp$nses, professional
fees, includiglg, w l u a i�i oni T ` ab'le attorney's fees
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and all costA iitlga�isnlan u nt1 wising out of any
claim, willfu�,: 56b duct-ok n0-gT ent-Wd-t, or or omission, or
liability of annd made by Deve F,j ry agents or employees,
arising out o poi\,, incidental to ierformance of this
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Agreement.
11. Covenants. The e rp agrees that all of its
obligations hereunder shall constitute covenants, restrictions,
and conditions which shall run with the land and shall be binding
upon the Property and against every person then having any
ownership interest at any time and from time to time until this
Agreement is terminated in accordance with Section 14 below.
However, the parties agree that if Developer transfers or conveys
the Property to another person or entity, Developer shall have no
further obligation hereunder and any person seeking to enforce
the terms hereof shall look solely to Developer's successor in
interest for the performance of said obligations.
Page 10 of 15
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MAY 3, 1993
OAKHAVEN AGREEMENT
12. 3teaording. This Agreement shall be recorded at
Developer's expense in the official records of Collier County,
Florida within thirty (30) days of approval of said Agreement by -C:�,
the Commission. Proof of recordation shall be submitted to the
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County Attorney within 15 days of recordation. Failure to record
this agreement, as prescribed herein, shall render this Agreement
null and void.
13. 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
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heirs, successors, and assigns.
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14. Termination. Each affordable housing unit shall be
restricted to remain and be maintained as the type of affordable
housing rental unite income) designated in
accordance with by Agreement for at eft fifteen (15) years
from the date of/issuatnce-wof, a Certificat . of Occupancy for such
unit. After f 4teefn J15) y his A�qreeme t ay terminate upon
a date mutually a*eed� � �y e nSi�i sated in writing.
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15. Modi �!��%#ceme L0be modified or
amended only by �� written agreemet ,of bop rties.
16. Discritton.
a. The eir er agree neither it nor its
agents shall discriminat .., rk rtenant or potential tenant
because of said tenants race, color, religion, sex, national
origin, familial status, or handicap.
b. When the Developer advertises, rents, sells or
maintains the affordable housing unit, it must advertise, rent,
sell, and maintain the same in a non-discriminatory manner and
shall make available any relevant information to any person who
is interested in renting or purchasing such affordable housing
unit.
C. The Developer agrees to be responsible for payment
of any real estate commissions and fees assessed in the rental or
purchase of affordable units.
Page 11 of ib
Of
Packet Pg. 1277
� �3Tfi�.�Y+GGL_'TI.l�4'u�lTlL'tC+3C(!.Z'YE� A9i9•cwiw.S�+.G�'.rti_c-v.>v i-. c. ... __ ...... ......
J w �
MAY 3, 1993
OAKHAVEN AGREEMENT
d. The affordable housing units in the development
shall be identified on all building plans submitted to the County
and described in the Developer Application for Affordable HousingUp
';
Density Bonus.
o ^-
t. The affordable housing units shall be intermixed
with, and not segregated from, the market rate dwelling units in
the development.
f. The square footage, construction and design of the
affordable housing units shall be the same as market rate
dwelling units in the development. All physical amenities in the r
� c
dwelling units, as described in item number seven (7) of the
M _
Developer Application for Affordable Housing Density Bonus shall'
be the same for market rate units and affordable units. For
developments where c9zn ct n _ es -Place in more than one
phase, all physicalt`-Tl`ties as desc en item number seven
(7) of the Developep, ,Tpplication for Affordabkle Housing Density
Bonus shall be /thef same ih.bbf the\marked r to units and the
affordable units iW ac��p clef t* ubsequent phase may
contain er� at ._ nit devious phase so
long as the ame '' s for market raft unit t}ci affordable units
are the same withch phase and piV4cedliat in no event may
a market rate uni _
,w-,atfordable uji ,,.zn any phase contain
es
physical amenities ls ed in the Developer
t 3 describ
Application.
17. Phasing. The percentage of affordable housing units to
which the Developer has committed for the total development shall
be maintained in each phase and shall be constructed as part of
each phase of the development on the Property. Developer commits
to ninety-nine and three hundred seventy-five thousandths
(99.375%) percent affordable housing units for this project, with
ninety nine and three hundred seventy-five thousandths (99.375%)
percent of the units in each phase as built consisting of
affordable units.
18. Disclosure. The developer shall not disclose to
persons, other than the potential tenant, buyer or lender of the
Page 12 of 15
Packet Pg. 1278
16.D.11.a
MAY 3, 1993
oAKHAVEN AGREEMENT
particular affordable housing unit or units, which units in the
a�
development are designated as affordable housing units.
d
19. Consistency. This Agreement and authorized development _U Li
shall be consistent with the Growth Management Plan and land o C) a
development regulations of Collier County that are in effect at
c �
c
m
the time of development. Subsequently adopted laws and policies >
c�
t
shall apply to this Agreement and to the development to the
O
extent that they are not in conflict with the number, type of o
affordable housing units and the amount of affordable housing co
m
density bonus approved for the development.
`v E
20. Affordable Housing Density Bonus Development Agreement. ice-)
m
This Agreement is a distinct and separate agreement from
m
development agreements as defi,ned._,bX Chapter 163.3220, Fla. Stat. y
(1989) and as amended`
r
21. Preapplic:�n.N Developer h$ cuted and submitted
�r t0
to the Development 's-I Directpp theDe' loper Application r-
F fiw a
for Affordable houoi ens B nus 'a_ co of \which is attached
to this Agreementa Appedx ncnrorated by reference
g jif d
herein.
22. Gower Law. This Agreent shl,f a governed by and
00
construed in acco a with the laws' e Mate of Florida.
fs O
23. Further The. .hereto shall execute ch
and deliver, it recorda �-� i ?� ar necessary, any and all �
documents, certificates, instruments, and agreements which may be
N
reasonably required in order to effectuate the intent of this
0
Agreement. such documents shall include but not be limited to
r
any document requested by the Developer to exhibit that this y
c
m
Agreement has terminated in accordance with the provisions of M
c
m
paragraph 14 above. E
Page 13 of 15
r
r
Packet Pg. 1279
J a3 t
16.D.11.a
MAY 3, 1993
OAKHAVEN AGREEMENT
R
IN WITNESS WHEREOF, the parties hereto have caused this
m
Agreement to be executed as of the day and year first above
m
a�
written. u_
R
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK', CLERK COLLIER COUNTY, FLORIDA CCE
j CD d
_ By:
d�c�us— T L. SAUNDERS, Chairman Y
0
0
C✓ DEVELOPER:
WitTle B & B PROPERTIES OF SOUTH FLORIDA, o
INC.
L
By:
curt C. StigbhYng, President -v ,
4750 McWillie Dr., #108-A D �;
Jackson, Mississippi 39206-5606 m d.
Approved as to form
legal sufficiency:
`/�1a/brI(ac, � • ���'j� ���. e: �" ,�, 'tee°� {
Assistant County At,o—'',>
111,61
Page 14 of 15
Packet Pg. 1280
16.D.11.a
MAY 31 1993
OAMVEN AGREEMENT
STATE of
ss.
COUNTY OF C
CJ
�J
The foregoing Agreement Authorizing Affordable Housing
U
Density Bonus And Imposing Covenants And Restrictions on Real o
Property was acknowledged before me this '�
%'- day
of , 199_a, by Curtis C. Busching,` President of B
& B Properties of South Florida, Inc., a '� , 'V
corporation, on behalf of the corporation. He is personally
known to me or has produced
as identification and did (did not) take an oath. D
G7
rn
, -�-rincea or
" F A6
erial Number, any)
NO.
df/2619
Page 15 of 15
Packet Pg. 1281
16.D.1 1.a
Appendix A, Exhibit A
RENTAL
NUMBER OF AFFORDABLE
HOUSING UNITS/MONTHLY
SASE RENTS
NUMBER OF
UNITS
BASE RENT
Single
multi
Single multi
Family
Family
Family Family 9
LOW INCOME
CZ)
Efficiency
1 Bedroom
2 Bedroom 40 355 14
3 Bedroom 119 405
4 Bedroom
TOTAL 159
VERY LOW INCOME
M
Efficiency
I Bedroom
2 Bedroom
3 Bedroom
4 Bedroom
TOTAL
C
ot 0
Baser tial density his development
(1) ty a
6 un s re.•
(2) Gross acre
C
(3) Maximum number o e housing density bonus units 11
allowed in this development pursuant to Section 7
Ordinance 90-89. 7.93 units/acres.
(4) Gross residential density of this development (including
affordable housing density bonus units) 13.23
units/acre.
(5) Percentage of affordable units pledged by the developer
(as a percent of the total number units in the
development) 99.375%.
Page 1 of 5
Packet Pg. 1282
T
Appendix A, Exhibit B
A77ORDABLE HOUSING DENSITY BONUS MING SYSTEM
Section 7, Ordinance No. go-89, provides for calculation of a
density bonus for developers pledging to construct affordable
units within their development. Included in this Exhibit B are
instructions for and the tables with which to calculate the
density bonus for a particular project. Exhibit C contains the
current median income and acceptable rents for low and very low
income households in Collier County.
The affordable housing density bonus rating system shall be c
used to determine the amount of the affordable housing density
bonus which may be granted for a development based on household cc
income level, number of bedrooms per affordable housing unit, type a
of affordable housing units (owner -occupied or rental,
single-family or multi -family) and percentage of affordable
housing units in the development. To use the affordable housing
density bonus rating system, Tables A and B. below, shall be used.
Tables A and B shall be reviewed and updated if necessary on an
annual basis by the Board of County Commissioners or its designee.
First, choose the household income level (moderate, low, or
very low) of the affordable housing unit(s) proposed in the
development, and the type of affordable housing units
(owner -occupied or rental, single„ -family or multi -family, where
applicable) to be provided', a s s`iay Table A. Then, referring
again to Table A, choos0 iW &e �fr bdrooms proposed for the D
affordable housing uni I"s `�An affdre 5 � ousing density bonus M
rating based on the 'h sehold income lev bland the number of m
bedrooms is shown ink gable A. x
After the affordable -]lousing 'deli ity bonus\rating has been
determined in Table A, locate zt in Ta le B, ,,anddetermine the
percent of that/ typ5e of ,N f ¢7 p J 0 i � l it proposed in the
development compar4d to h tbt l mt"e d elling units in the
development. Froms�tk s ,., eter.. i ton, able will indicate the
maximum number 7of '. d ng �?� Pei ;gross acre that
may be added to th base density. ese 4addi al residential
dwelling units p* , ross acre are the maximum q� fordable housing
density bonus (AHD)\,available to thaw devilment. Developments
with percentages E affordable housinEli►;tfiich fall in between
the percentages shin Table B shall rde'e an affordable
housing density bon uhl, the lower~tithe two percentages it
lies between plus 1/16th 0 f?a.,re
5 fl al `dwelling unit per gross
acre for each additional° prin ;Caf affordable housing rental
units in the development. For example, a development which has
24% of its total residential dwelling units as affordable housing
units, and which has an affordable housing density bonus rating of
"four" will receive an affordable housing density bonus (AHDB) of
4.4 residential dwelling units per gross acre for the development.
Where more than one type of affordable housing unit (based on
level of income and number of bedrooms shown in Table A) is
proposed for a development, the affordable housing density bonus
for each type shall be calculated separately in Table B. After
the affordable housing density bonus calculations for each type of
affordable housing unit have been completed in Table B, the
affordable housing density bonus for each type of unit shall be
added to those for the other type(s) to determine the maximum
affordable housing density bonus available for the development.
In no event shall the affordable housing density bonus exceed
eight (8) dwelling units per gross acre.
Page 2 of 5
3 f Packet Pg. 9283
t - r � to
i
t
Appendix A, Exhibit B
AFEORDABLZ HOUSING DZVOITY BONUS RATING SYSTEI[
TABLE A Arro1DABLZ HoUSINo
DENSITY BONUS RATING
LEVEL
NOBER OF BEDROOMSIUNIT
OF HOUSEHOLD
o
INCOME
EFFICIENCY 2 3 OR
AND--! MORE
-
I
o
o
�
MODERATE (OWNER -OCCUPIED,
0
SINGLE-FAMILY)
LOW (OWNER -OCCUPIED OR RENTAL
2 3 4
SINGLE-FAMILY OR MULTI-
FAMILY)
VERY LOW (OWNER OCCUPIED OR
RENTAL, SINGLE-
FAMILY OR MULTI-
`
FAMILY)
3 4 5
-p
<
D
` F
G7
�
*For cluster housing developments in the Urban Coastal Fringe,
add 1 density bonus to obtain 2.
`t _A
TA3LE B AFL►R ABLLmmHOUSi
DENSITY BONUS
AFFORDABLE
2 0 1 2r
3 \ 2 3 5- r
4 3 4
5 € 4 5Tip
'� t r
.'
please calculate your density bonus in the space provided below.
Attach additional pages if necessary.
Page 3 of 5
Packet Pg. 1284
S A�!
G: Sidi
}
Appendix A, Exhibit B
"FORDABLE HOUB !ice pzwl ATT100 SYBTBM
• :•0•`• •
160
40 TWO -BEDROOMS
THREE -BEDROOM CALCULATION
159
x 74.375%
119 THREE -BEDROOMS
TOTAL = 160 UNITS SET ASIDE UNDER THE DENSITY BONUS AGREEMENT.
7D
THE RENTS OF $355/MONTH FOR A TWO -BEDROOM AND $405/MONTH FOR A U)
THREE -BEDROOM, QUALIFIES AS UNITS AFFORDABLE TO VERY LOW-INCOME O
FAMILIES, HOWEVER THE DEVELOPER IS REQUESTING TO PROVIDE HOUSING CD
FOR LOW-INCOME FAMILIES.
TABLE "A" FOR 2-BEDROOM UNITS FOR LOW-INCOME FAMILIES GIVES A
DENSITY BONUS RATING OF 3. IN TABLE "B" A DENSITY BONUS RATING OF
3 FOR 25% OF THE UNITS ENTITLES A BONUS OF 3.5 UNITS PER ACRES.
TABLE "A" FOR 3-BEDROOM UNITS FOR LOW-INCOME FAMILIES GIVES A
DENSITY BONUS RATING OF 4. IN TABLE "B" A DENSITY BONUS RATING OF
4 FOR 40% ENTITLES A BONUS OF 7 PER ACRES.
MAXIMUM ALLOWABLE DENS
UNITS/ACRE. ONLY 7.9j
DEVELOPMENT. e
0$ NUS
VERY LOW-INCOME, 2 BEDROOM UNITS 3.5
VERY LOW-INCOME, 3 BEDROOM UNITS 7_0 D
G7
TOTAL BONUS DENSITY (UNITS/ACRE) 10.5 Tt1
CE NO. 90-89, 8
BE AWARDED FOR THE
M
A c.
(n
0
M
0)
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ti
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N
3
C
O
C
C
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0
C
Page 4 of 5
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I Packet Pg. 1285 L
16.D.11.a
Appendix A, Exhibit C
a2
INCOME 71lTII �tENT Iij�VELB POR 1[ODERA4`E INC014E,
LOW INCOME AND VERY LOW INCO)w 7MILIVF_8 �
O
Pursuant to the Affordable Housing Density Bonus Ordinance, No. 90-89
moderate income is 81% of Median Income, low income is 51% to SO of L
Median Income and very low-income is less than 50% of Median Income. w
a�
G
m
MEDIAN INCOME 2992 C li
$41,900 Naples, MSA (Collier County) J -
CM
NUMBER OF MEMBERS IN FAMILY � £
1 2 3 4 5 6 7 8 W
d
100% 29,300 33,500 37,700 41,900 45,300 48,600 52,000 55,300 t
sot 23,450 26,800 30,150 33,500 36,200 38,900 41,550 44,250 R
60% 17,600 20,100 22,600 25,150 27,200 29,150 31,200 33,200 O
50% 14,650 16,750 1$,850 20,950 22,650 24,300 26,000 27,650 0
c
O
W
C
tr F
Based on an average of t5ie�i Q ie living in a one bedroom
unit, three and fourf o� v n` bedroom unit, five and si m
people living in a �� bedroom unit' ven and eight people m
living in a four }%tea m unit, the allow le ousing costs are shown
on the chart below. i3ousing,,,costs are ba d 30% of the family �
income. Housing( co tsl def ed-6 rent nd \,utilities for rental
units.
;,r
ONE
UN
a
100% 995
80% 6' 795
502% 39 495
UTILITY M
ALLOWANCE 55
AM�ILY INCOME
�E t ROOM FOUR BEDROOM
.Mr.
c
j IT
UNIT
f 175
005
1,340
1,070
a
fF, 585
670
�
90
120
O
ALLOWABLE RENT WITH UTILITIES DEDUCTED
80% 570 720
50% 335 420
Page 5 of 5
1,085 1,220
495 550
Packet Pg. 1286
000720
l►pa»di6c`"8, fthilbit A
PACE
$AELIlIINARY AP
i
O FOI2 AFFORDABLE HOUSING UNIT
�
L
Date Occupancy Desired: Date of Application:_ Amt of
Sec. Deposit:
O
Q
Your Name: Race/National origin:
Handicap: Yes No
i
Co -Tenant Name: Race/National Origin:____
Handicap: Yes_ No^
L
d
Present Address:
d
Street City State Zip
Telephone #
LLL
Name of Landlord: How Long at this Address:
O_
Landlord's Address:
E
Street City State Zip
Telephone #
_
m
I£ you have resided at your present address less than 3 years, please
state previous address s
Y
f3
Street City State Zip
Telephone #
C
C
Previous Landlord's Name, Address, Telephone:
r
m
C
Applicant
£
L
Present Employer's Name, Address, Telephone:
d
�
How Long with Present Employer:`. Job Title:
Gross Salary: Hourly
$ p $' Ever s $
Monthly $
Social Security Number: Birt dat
d
Previous Employer's Name, Aldre s, Telep no*
co
How Long with Previous Employee
Co -Tenant
Present Employer's Name, AdYeTelephone:_
t.
How Long with Present Employ
Gross Salary: Hourly $ a%
Social Security Number:
ti
Previous Employer's Name, Address, Telephone:
How Long with Previous Employer:
NAMES OF ALL WHO WILL OCCUPY APARTMENT
1.
2.
3.
Q.
5.
PERSONAL REFERENCES(Not
1. Name: Address:
2. Name: Address:
CREDIT REFERENCES
Your Bank- Loan
List Below 3 Additional Credit References:
1.
itle:
s $ Monthly $
h date:
Job Title:
BIRTH DATE SEX
Page 1 of 7
Savings
City:
City:
City;
AGE SOCIAL SECURI7
Now Long:
How Long:
Checking
Packet Pg. 1287
v� 16I D.11.a
000721
"'Ilgpenaix 8, Exhibit 8OR BOOK, PAGE,
AFFORDASK&F HOUSING APPLICANT INCOME VERIFICATION
Date:
Applicant's Name:
co -Tenant's Name:
Present Address:
Social Security Humbert.
Social Security Humbert
STREET CITY STATE ZIP TELEPHONE #
I hereby make application for an apartment at apartments.
I hereby declare and reveal all of my sources of income.
I am aware that to leave out, omit or fail to report my assets or forms of income from
pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable
by law. Knowingly falsifying information on this form is cause for refusal of occupancy.
I hereby certify that this will be my 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 rent/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.
Received
Wages/Salary
Bonuses
Tips
S
Commissions
Interest Income
Trust Fund income
f /$7N "
( $
° $
Unemployment
r,
Workman's Compensation
$
Welfare
S
Food Stamps°
$
Social Security
$
ft�
Social Security
Disabi $
Supplemental SSI
P
Family Assistance
Child Support
Veterans Benefits
Widows Benefits
Union Benefits
Union Pension
Self -Employment Business,
Silent Partner, etc.
Private Insurance Pension
S S
S S
5 5
S 5
Co -Tenant
Amount
Frequency
Received
of pay
$
$ I
S
S ,
S
S '
S
S
S
S
S
S
S
S
S
S
S
I
$ i
S
S
S
S
S
S
S
S I
S
S
S
S
S
S
$
S _
TOTAL ANNUAL INCOME $5-
Please attach list of all other sources of income for entire household.
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S FEDERAL INCOMi
TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILT. OCCUPY THE AFFORDABLE UNIT.
THE SAME RUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAI
HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT II,
DISQUALIFICATION FOR TENANCY IN AFFORDABLE HO(TSING UNIT.
Page 2 of 7
Packet Pg. 1288
_ .i ri�r.r' �t'P,r` y�,T-i•fJ '. •mac-i.:Lr �„-t.:�:.-, .tJr' .�_rs. '.
5-
`7►ppindi
41 Exhibit 8
AFFORDABLE H4USING APPLICANT INCOME VERIFICATION
APPLICANT
present Employers Job Title:
Address
Street City State Zip 1
Supervisor: Telephone Number:
I hereby authorize the release of information requested ono
Applicant X
this verification form. C
CD
STATE OF FLORIDA )
) as.
COUNTY OF COLLIER )
THE FOREGOING was acknowledged before me by
WITNESS my hand and official seal this
My Commission Expires: r
Employer verification:
t
Applicant's Gross Annual Inn
Number Of Hours Worked (We
Frequency of Pay:
Amount of Bonuses, Tips, or
Applicant
day of 1991.
Public
i#
mpensation Receivcd�
�f1th]
Supervisor
$ Annually j
STATE OF FLORIDA )
) as.
COUNTY OF COLLIER )
fiHE FOREGOING was acknowledged before me by
WITNESS my hand and official seal this day of 1991
Notary Public
My Commission Expires;
THE VERIFICATION HERE REQUESTED MAY TARE THE FORM OF THE MOST RECENT YEAR'S FEDERAL INCOME
TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT.
Page 3 of 7
Packet Pg. 1289
�=� ?ram � ^'yi L� � •: �`i � -.s�: ;'a � :.� : �✓�: -sift°"� �
's
'llppiiladix S, Exhibit B
AFFORD IX HOUSING APPLICANT INCOME VERIFICATION
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE HOST RECENT YEAR'S FEDERAL INCOME
TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT.
I hereby verify that the federal income tax return supplied
Applicant
!
by me is a true and correct copy of the return filed by me for CO !
(Year) Z !
Q j
CD J
STATE OF FLORIDA } 7C
) 89.
COUNTY OF COLLIER )
THE FOREGOING was acknowledged before me by
WITNESS my hand and official seal this
day of 1991.
Notary Public
My Commission Expires:
THE SAME MUST BE EXECUTED FOR` EACH OTgU NT OF"THE u EHOLD O
HOUSEHOLD INCOME. FAILURE TO REPORT ALIUR�ES OF HO EHOLD N(Y
DISQUALIFICATION FOR TENANCY IN ;AFFORDAB .Z- it �'
{Nj ) V
) !
r
Page 4 of 7
M
to
RIBUTED TO THE ANNUAL CO)
WILL RESULT IN
Packet Pg. 1290
{77
16.D.11.a
4'�!;`Jlg±ppdii't 8, "afchibit $
AFFORnA$LE HOUSING APPLICANT INCOME VERIFICATION
CO -TENANT
Present Employer: Job Title:
Address:
Street City State Zip
Supervisor: Telephone Number:
x
Cc -Tenant
this verification form.
hereby authorize the release of information requested on
C�
C�
O
Applicant
STATE OF FLORIDA )
) 58,
COUNTY OF COLLIER )
THE FOREGOING was acknowledged before me by
WITNESS my hand and official seal hi
1�
My Commission Expires:
Employer Verification: s
Applicant's Gross Annual In.�
Number Of Hours Worked (Weekly)4
Frequency of Pay: 3
Amount of Bonuses, Tips, or other
STATE OF FLORIDA )
) as.
COUNTY OF COLLIER )
I
THE FOREGOING was acknowledged before me by
WITNESS my hand and official seal this
1991.
r D 0
tak'y Pu is M
Monthly Annually
Supervisor
day of 1991.
My Commission Expires:
THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S FEDERAL INCOME
1AX RETUM. FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT.
Page S of 7
.I
I I
Packet Pg. 1291
16.D.11.a
AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION
THE VERIFICATION HERE REQUESTED MAY TARE THE FORM OF THE HOST RECENT YEAR'S FEDERAL INCOME
TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT.
I hereby verify that the federal income tax return supplied
Co -Tenant
C:
by me is a true and correct copy of the return filed by me for
(Year) O
CD
STATE OF FLORIDA )
as.
COUNTY OF COLLIER )
THE FOREGOING was acknowledged before me by
WITNESS my hand and official seal this day of , 1991.
D
Notary Public CIS
My Commission Expires: "' w M
THE .SAME MUST BE EXECUTED
HOUSEHOLD INCOME. FAILURE
DISQUALIFICATION FOR TENAN
'RIBUTED TO THE ANNUAL
WILL RESULT IN
Page 6 of 7
Packet Pg. 1292
t
r � Y� • V 4 V I 2 Y
yip six No Exhibit C OR BOOK PAGE..
AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION
Date:
Tenant Name:
Co -Tenant Name:
Address of Unit to be Rented:
16.D.11.a
Tenant and Co -Tenant Certification. I certify that the information provided in the
Preliminary Application for Affordable Housing Unit and in the Affordable Housing Applicant
Income verification is true and complete to the best of my knowledge and belief.
I understand that if I furnish false or incomplete information on my application, income
verification or income certification form that Florida law and Collier County Ordinance No.
90-89 provide for a fine of up to $500.00 per violation, or imprisonment up to 60 days, or
both, and that I will be required to vacate the affordable unit.
I understand that changes in my income which may affect my qualification as a tenant eligible
for an affordable rental unit in this development must be reported to the party responsible
for executing my lease.
I understand that my income must be verified and certified each year upon renewal of my lease
and that failure to complete annual income verification and income certification will require
vacation of the affordable unit.
DO NOT SIGN THIS FORM UNTIL YOU HAVE _ �A �;O,,)t.STATEMENTS ABOVE. IF YOU DO NOT
UNDERSTAND ANY OF THE FOREGOING CER�LION STATEMLN,1'QUESTIONS BEFORE SIGNING BELOW.
TENANT
STATE OF FLORIDA )
) so.
COUNTY OF COLLIER )
THE FOREGOING was acknow
WITNESS my hand and off
My Commission Expires:
CO -TENANT
STATE OF FLORIDA )
) 99.
COUNTY OF COLLIER )
L before me by
csI this
THE FOREGOING was acknowledged before me by
WITNESS my hand and official seal this
My Commission Expires:
o �
IMF
iay����.r`� 1991.
�«---Notary Public
Date
day of , 1991.
Page 7 of 7
Notary Public
Packet Pg. 1293
16.D.11.a
1840 000727
OR BOOK PAGE;
.r.
APPP MIX C
Developer Appl aton For�fo able ousin De sity Bonus
r� J
Packet Pg. 1294
qti
,�2�
Appendix c
Developer Application For Affordable Housing Density Bonus
Pursuant to the requirements of the Collier County Affordable
Housing Density Bonus Ordinance No. 90-89, Section 6.4, please
complete this form and submit it with any accompanying documenta-
tion to the Development Services Director, 2800 North Horseshoe o
Drive, Naples, Florida 33942. A copy must also be provided to thecD
0
Housing and Urban Improvement Director.
All items requested must be provided.
1. Please state what zoning districts are proposed by the
applicant, if any, on the property and the acreage of each;
VILLAGE RESIDENTIA_ L MR)
'CJ
D
G�
�t
2. Has an applieatl 1Lorii etr.,requested in conjunction
� r"� ,T4
with the affordablL,.�cc ' tsing density b'n —
If yes, state date/o pl' i A t and if the
request has been Atap ove , J s gat-14L i ' n gge n�mber NIA
s
3. Gross dens, f the proposed da 'el pn 13.93 units/acre.
Gross acreage f-fhe proposed devei`tsme#it. 11.49 acres.
4. Are affordable housinib,-_1#46nsity'bonus units sought in
conjunction with an application for a planned unit development
(PUD)? Yes X No.
If yes, please state name and location of the PUD and any other
identifying information. _
S. Name of applicant B & B PROPERTIES OF SOUTH FLORIDA, INC.
Name of land developer if not the same as applicant
SAME AS APPLICANT
Page 1 of 5
Packet Pg. 1295
n �
Appendix C
Developer Application for Affordable rousing Density Bonus
j 6. Please complete the following tables as they apply to the
proposed' development.
TABLE I Total NM&er of Vnits in DevelMent
Type of Owner
Unit Rental Occ_pied
Efficiency
One Bedroom
Two Bedroom 40
Three Bedroom 120
Other Bedroom
TOTAL
TABLE II
160
Number of
able Units
MODERATE INCOM )
Ef f iciency,�°� }
1 Bedroom '
2 Bedroom
3 Bedroom
Other
TOTAL
LOW
INCQME
Efficiency
1 Bedroom
2 Bedroom 40
3 Bedroom 119
Other
TOTAL159
Page 2 of 5
�sed Use for
ty Bonus Units*
� � f
Ll units are proposed
use as affordable
aiusina.
Packet Pg. 1296
L7777777
INCQME
Efficiency
1 Bedroom
2 Bedroom 40
3 Bedroom 119
Other
TOTAL159
Page 2 of 5
�sed Use for
ty Bonus Units*
� � f
Ll units are proposed
use as affordable
aiusina.
Packet Pg. 1296
L7777777
16.D.11.a
Appendix c OR BOOK PAGE.
Developer Application For affordable Housing Density Bonus
TABLE 11 (Continued)
Total Number of Proposed Use for
Affordable Units Density Bonus
in Development Units
Rental Owner Rental Owner
Occupied Occupied
VERY LOW INCOME
Efficiency
1 Bedroom
2 Bedroom
3 Bedroom
Other
TOTAL
7. Please provide a physical description of the affordable units
by type of unit (mode w income) and by number of
bedrooms. Inclu �f�m r descriptio :example, the square
footage of each yp ®unit, floor cover gused throughout the
unit car etin �n vi 1 orin •win ow reatments-
( p t, . �, g�, win,
ow
Arvid u ae d ri hw sher, stove,
d
refrigerator; o m ee , uch s ce `g exhaust fans; and
any other amen as applicable. 'gotta h d-4ifional pages.
7. PHYSICAt ESCRIPTION OF OAKHAV J,"ARTMENTS.
- NUMBER, (F Cf1M OOMS: 36; PLUS 4
HANDICAP PE F OF 40 UNITS.
- NUMBER OF LOW INCOME THREE BEDROOMS: 116; PLUS 4
HANDICAPPED UNITS FOR A TOTAL OF 120 UNITS.
- TOTAL NUMBER OF BEDROOMS: 440.
- TWO BEDROOM SQUARE FOOTAGE: 663 A.C., 718 TOTAL.
- THREE BEDROOM SQUARE FOOTAGE: 843 A.C., 887 TOTAL.
TYPE OF CONSTRUCTION: CONCRETE BLOCK.
- FLOOR COVERINGS: 12 X 12 VINYL COMPOSITION TILE.
- WINDOW TREATMENTS: CURTAINS, SCREENS.
- APPLIANCES: REFRIGERATOR, STOVE/RANGE COMBINATION.
- CEILING FANS: OUTLETS
- BATHROOM AMENITIES: CEILING EXHAUST FANS, SHOWER/TUB
COMBINATION.
Page 3 of 5
Packet Pg. 1297
16.D.11.a
nfi0731
Appendix C OR BOOK PAGE
Developer Application For Affordable Housing Density Bonus
OVERALL AMENITIES: CENTRAL AIR AND HEAT, TOT LOT,
DAY-CARE/PRESCHOOL, FENCING AROUND PERIMETER OF THE
COMMUNITY, OFFICE/LAUNDRY/MAINTENANCE BUILDING AND ALL
GROUND UNITS HANDICAPPED ACCESSIBLE.
S. Please supply any other information which would reasonably be
needed to address this request for an affordable housing density
bonus for this development. Attach additional pages.
PROaECT DESCRIPTION:
Oakhaven is a proposed new construction, two-story, garden
apartment complex and will consist of 40 two -bedroom units and 120
three -bedroom units (eight of these units will be handicapped
units). Each unit will have a range, refrigerator, drapes, tile
flooring and heating and air conditioning equipment. An accessory
building, containing the management office, maintenance area, and
laundry facilities, will be located near the site entrance. A day
care facility is also proposed to be developed in cooperation with
the Immokalee Child Care Center and will be located on a parcel
adjoining the project site. The oakhaven Project will be
professionally managed. Staffing will include a full-time manager,
a full-time maintenance superintendent, a part-time
custodian/groundsman, and -'a pia.-urity officer at the
project site entrance.,,'° e f
DESCRIPTION OF IMPROV�ERTS.
The improvements w I CO st--ctj- 60 r tat apartment units
(159 affordable unit an� o upit fora resident manager) and
common area amen*ti4!q 7e c fob 248 cars will be
provided. Land rot oret bu� Inc si rking will be sodded
and landscaped.,,n
There will ht, I(8) two -bedroom
units each, fift et,,,(15) buildings with eight ( J three -bedroom
units each. out - a twenty (20) din c ��^tne (1) two -bedroom
building and one �, hree-bedroom buito ing%Ai have four (4) each
handicapped units. 'The`re will also be aK o �:be/laundry/maintenance
building. The typic'a1:e nit floor plan a u,�des a living/dining
room, kitchen and full fat-i, Bch un �;hi have an open porch.
There is adequate closet p _SaudSh uftit has central heat/air.
Presented below, in outline form, is a description of the
materials according to the plans and specification.
ITEM MATERIALS
FOUNDATION REINFORCED CONCRETE FOOTINGS
FLOORS 4" REINFORCED CONCRETE (DOWN)
PRE -CAST HOLLOWCORE CONCRETE (UP)
EXTERIOR WALLS CONCRETE MASONRY UNIT
WITH PAINTED STUCCO FINISH
SMOKE WALLS TRUSS WITH 5/81t FIRE SHIELD
GYPSUM BOARD
ROOF WOOD TRUSSES, 24" O.C.,
1/2" PLYWOOD SHEATHING/ASPHALT SHINGLES
CEILINGS 5J81t FIRE SHIELD GYPSUM BOARD
r
c
d
Page 4 of 5 E
16I D 11 a
i849 900732
Appendix c OR BOOK PAGE,
Developer Application For Affordable Housing DensitY Bonus T
INTERIOR WALLS 1/2- STANDARD GYPSUM BOARD,
WOOD FURRING STRIPS, PAINT FINISH
FLOOR COVERINGS CARPETING AND VINYL COMPOSITION TILE
CLOSETS 3/4" PLYWOOD WITH 11' X 2"
SOLID NOSING/HANGING BAR
DOORS METAL CLAD EXTERIOR
HOLLOWCORE WOOD INTERIOR
WINDOWS ALUMINUM SINGLE HUNG
INSULATION R-19 BLOWN, ATTIC CEILINGS
ELECTRIC SERVICE INDIVIDUAL METERS WITH MINIMUM AMPERAGE
AS REQUIRED BY CODE
HVAC INDIVIDUAL CENTRAL AIR CONDITIONING AND
HEATING WITH A MINIMUM SEER RATING OF 9
PLUMBING EACH UNIT WILL HAVE A 3 FIXTURE BATHROOM
AND,. -A- 34--GALLON HOT WATER HEATER
APPLIANCES s§AT� lS�t REFRIGERATOR, RANGE AND
at1�NGE HOOD
CABINETS j , HARDWOOD PLYWOOD VEN ER (STAINED)
STAIRWAY EI, AN, C NCRET FILLED
i i
OLM ' S O D N� iAVtNG 1,759 SQUARE FEET
TEIB MST OF THREE OFFICES, TWO
BIT S P,� ¢ ALA IIRY
AREA. _ J
d
secordc3 ama Yerifim
in official Rcw& of
Page 5 Of 5 COLLIER COU4TY, FLORIDA
g rlwMHT f, gFaSG;, CLEM
Packet Pg. 1299
16.D.11.b
This instnmtent prepared by:
Christopher J. Thornton, Esquire
Thomlon Law Firm, PLLC
3080 Tamiami Trail E:nst
Naplcs, F'l. 341 12
239.649.4900
TERMINATION OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, that Collier County, whose post office address is 3299 E.
Tamiami Trail, Naples FL 34112, and 580 Oakhaven Circle, LLC, whose address is 1900-A Sunshine Blvd,
Naples FL 34116, do hereby terminate that certain Agreement Authorizing Affordable Housing Density Bonus
and Restrictions on Real Property dated January 26, 1993 and recorded July 27, 1993 in Official Records Book
1849, page 700, of the Public Records of Collier County, Florida. The parties acknowledge and confirm that all
conditions and requirements of the Agreement have been satisfied.
The Clerk of (lie Circuit Court is hereby directed to record this "Termination in the Official Records of Collier
County, Florida to acknowledge that the Agreement Authorizing Affordable Housing Density Bonus and
Restrictions on [teal Property is terminated and cancelled of record.
ATTEST:
CRYSTAL K, KINZEL, Clerk
By:
DEPUTY CLERK
Date:
Approved as to form and legality
Jennifer A. I3elpcdio � q\
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Date:
Burt L. Saunders, Chairman
WITNESSES: 580 OAKHAVEN CIRCLE, LLC,
a Florida limited liability company
Print: By: Henry Holzkamper
Manager
Print: Adcdress: 1900-A Sunshine Blvd
Naples, FL 34116
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of 0 physical presence or ❑ online
notarization_ day of , 2020, by Henry Holzkamper, as Manager for 580 OAKHAVEN CIRCLE,
LLC, a Florida limited liability company, on behalf of the limited liability company. Said person is personally
known to me or has produced a valid driver's license as identification.
[Affix Notary Seal] Notary Public; State of Florida
Print Name.
My Commission Expires:
d
E
s
0
M
Q
Packet Pg. 1300
16.D.11.c
ADDENDUM TO AGREEMENT FOR WAIVER OR
DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Addendum to Agreement for Waiver or Deferral of Collier County Impact
Fees ("Addendum") is entered into this 27th day of September, 2005, by and between the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as
"County", and Oakhaven Apartments, Limited Partnership, a duly registered limited
0
partnership under the laws of the State of Florida, hereinafter referred to as "Owner."
PQ
WITNESSETH:
P.
P.
WHEREAS, Owner and County entered into an agreement for waiver or deferral
of Collier County impact fees o lrl �,copy of which is attached hereto
c` CD.� Exhibit "A" ("Ageeme'dincoporated he this specific reference; and
Pq
aaa�o
a o WHEREAS, Co ty,.yon Janus_ y N , 1994 pursua t tResolution 93-28, under
va
Agenda Item 8.A.1, app ov t e e p n i 4. 1 =om General Fund I I I to
oPq Ce o pay for Library, Road, P4* , and EMS Impact Fe' "
WHEREAS, the �a� \.ti.ned Agreement;£, `l it A, was recorded in the
o
o public records of Collier County;"'
ounty; lff o 1993, at Official Records Book
1872, Page 1724, constituting a "lien" on certain property located in Collier County,
o_
o,
�o
Florida, as more particularly described in Exhibit "B" hereto ("Property"), for the re-
payment of impact fees that will be due and owing on the Property ("Impact Fees"); and
d
WHEREAS, the aforementioned Agreement incorrectly the
a
stated owner of the
m
PQ
property to be "B&B Properties, Inc.", when in fact the then correct owner was Oakhaven
ono
Apartments Ltd., is the Owner;
c a
which still and
4. Pq [-F
a4 a ac e4
OG U
1 of 6
Packet Pg. 1301
OR; 3900 PG; 32 16.D.11.c
WHEREAS, the County finds it to be in the best interest of its citizens to continue
to provide for affordable housing in Immokalee, Florida and has determined that o
affordable housing is still needed therein for the foreseeable future; and c
0
WHEREAS, the County has determined that an extension of the deferral period
E
L
for the Property, for fifteen years from the date of this Addendum is in the County's best
interests and is consistent with its continuing need for affordable housing, and, as such, y
a�
has approved an extension of the deferral period as embodied in this Addendum.
Now, therefore, in light of the mutual covenants set forth herein and other M
r
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and N
in light of the foregoing recitals'(tlt,prties covenar�r4gree as follows:
1. RECITAL
correct and shall be
2. The
recitals are true and
itions of the Agreement
to the extent consistent with pis Addendum and idicated, the following paragraphs:
A. Referer�� flpp Agreement, t Owner" shall be considered a
reference to Oakhaven Apartments, LimrtedarCnership.
B. The six recital paragraphs in the Agreement, each beginning with
the word "whereas" and beginning on page one and ending on page two, are hereby
recognized and ratified.
C. Paragraph 3 of the Agreement is amended by adding the
underlined text that follows and deleting that text which has been stmek thfough as
follows:
TERM. Owner agrees that the property shall remain
affordable housing and shall be offered for sale or rent as
2 of 6
Packet Pg. 1302
OR: 3900 PG: 32 16.D.11.c
the case may be in accordance with the standards set forth
in the .. to the l * Fn a
�rYc 41A �v the Article IV of
Chanter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee
Ordinance) for a period of fifteen years
i issued for- the dwelling
unit from the date of this Addendum (Extended Deferral
Period). Provided that the Property continues to be
maintained as affordable housing in accordance with the
provisions cited above any and all impact fees pertaining
to the property and due under the Agreement Addendum
or otherwise, are deferred and shall not be due and re -paid
until the end of the Extended Deferral Period i.e.
September 27, 2020.
by the following:
Paragraph 8 of the Agreement is deleted in its entirety and replaced
For rental unit
the COUNTY
of use of the
expiration / of
occurs firs. E
before theyen,
trigger
purchaser,
ratifies, assur
Addendum.
-impact fees deferred
Le -paid to
or on the
they Property
W Jshall not
yided the
;s
Property
pond by this
at any time
hereafter for any �,F* _ e r, chaser, assignee,
and/or transferee (as app ,are no longer bound by
the terms of the Agreement or this Addendum or otherwise
required to maintain the Property as affordable housing in
accordance with the standards set forth in the Collier
County Consolidated Impact Fee Ordinance.
and/or
otherwise
Fees
E. Paragraph 11 of the Agreement is deleted in its entirety and
replaced by the following:
RELEASE OF LIEN. Upon the re -payment of the Impact
Fees, the County shall, at the expense of the County, record
any necessary documentation evidencing same, including,
but not limited to, a release of lien.
3 of 6
Packet Pg. 1303
OR; 3900 PG; 32 16.D.11.c
F. Paragraph 12 of the Agreement is deleted in its entirety and
replaced by the following:
BINDING EFFECT. This Addendum shall be binding
upon the parties to this Addendum, their heirs, successors
and assigns. In the case of the sale, assignment, or transfer
of the Property, Owner shall no longer be liable and/or
responsible under the Agreement or Addendum for
repayment of any and all impact fees, provided the
purchaser, assignee, or transferee of the Property ratifies,
assumes, and/or otherwise agrees to be bound by the terms
of the Agreement and Addendum.
3. This Addendum shall be recorded by Owner at the expense of Owner in
the official Records of Collier County, Florida„within fifteen (15) days after execution of
this Addendum.
4. In case of, any/"co�r or4 ambiv be
Addendum, this
Agreement and this
4of6
Packet Pg. 1304
OR: 3900 PG-0 32
In Witness Whereof, the parties have executed this Addendum for deferral of
Impact Fees on the date and year first above written.
Witnesses:
Print Name 1-1,ea; Z,4,--4 7-171VIA.-V
Owner: Oakhaven Apartments, Limited
Partnership
By: National C
Inc., its general
Print NamV Set
By: National
Inc. IV, its gei
01y:
\Jeffh
STATE OF CALIFORNIA 5
q
COUNTY OF LOS ANdEL
Tax Credit,
or Vice eresident
yoorate Tax Credit,
Fat partnW
or Vice President
On September 27\,��',,2005 before me, Ti0-,Z6nqz4*bn, personally appeared
so�
Jeffrey H. Sussman, per' Ykto tdperson whose name is
subscribed known me .,
subscribed to the within instr n, t--a,nd acknowledge c ' to e that he executed the same
in his authorized capacity, and instrument the person, or theIn.
entity upon behalf of which the he instrument.
[NOTARIAL SEAL]
COMMO*M 0 IMM
Nok" h"D - caw=ft
to Angon Cw,#*
Signature of Person Taking Acknowledgment
Name of Acknowledger
IV07-,qAy fiW64-1c'-
Title or Rank
Serial Number, if any, or Date Commission Expires
0
0
E
(D
ti
5 of 6
I Packet Pg. 1305 1
*** OR; 3900 PG; 328 16.D.11.c
PASSED AND DULY ADOPTED by vote of a majority of the Board of County
Commissioners of Collier County, Florida, this a-x4,day of `iF1��Pn.,�r,e� , 2005.
ATTEST
DWIGHT E. BROCJ�, CLERK
a�
Dep -y Clerk
Attest AS L.o ChOrun's
signature only
BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By. lLck LA).
FRED W. COYLE, Chairman
Approved as to form and n_
Legal sufficiency: t_
Patrick G. White "
Assistant County Attom y /
mv
6 of 6
Packet Pg. 1306
- — 16.D.11.d
01748M W3OCT -7 VA3:48 1872 0017?4
COLLIER COUNTY RECORDED Utf BOW PAI_
AGREMUNT FOR WAIVER OR DEFERRAL OF
pni COLLIER COUNTY IMPACT FEES �
pC1C -�
IN7
This Agreement for the _2ZEZB8&L- of impact Fees entered Z
into this 21st. day of September , 199 3 , by and between
the Board of County Commissioners of Collier County, Florida,
ti
hereinafter referred to as "COUNTY• and BSB Properties. Inc. M
(insert name of property owner), hereinafter referred to as .�
N
"OWNER." 4%
Qa
W I T N E S S E T H: LL
WHEREAS, Collier Cody Q r �napge Na, BB 97, as amended, t�
y, M
the Collier County Li.. a�tm'`?a ee prdtnance; Collier
emu. �,A
r
County ordinance" 96, as amended, �eL 'i er county
F "
++
Parks and Rec�Ceat 1 Facilities Impact Fee ori�anceCollier �
County Ordinance + Nd 91 71, ",as amended, the Co Iier \County �
y O
`-v U
Emergency tiedic l Service ,SystNq Impact kFee ordi ance and L
t Qa
Collier Cpuntyz ,#�tdeO: y-2 .
County Read ijpaColier
et Fed 4 dit'an' t 1 m be fur her O
amended f c � h er in tft er ollect yelly r rrc�d to O
,cSn
as "Impac �F 'e\Ordinance", provide fo waiver"' ;or def aa1 of
xF
; z L
impact fee fir new owner -occupied orCeOtal dwelnc aFunits
� L
qualifying abordable housing; and
_\
WFIEREAS ig s applied for a E ERRP, "o ct fees L
G
as required by Fee ordinlac l3 y of said L
application being attke"ci-o�� Ted by reference >
herein; and
WHEREAS, the County Manager or his designee has reviewed LO
the OWNER's application and has found that it complies with the 4-
requirements for an affordable housing waiver or deferral of
C
impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver or deferral shall be
L
presented in lieu of payment of the requisite impact fees Q
subject to satisfaction of all criteria in the Impact Fee
Ordinance qualifying the project as eligible for an impact fee 0
waiver or deferral; and
V
M
a
Packet Pg. 1307
- - 16.D.11.d
1872 001725
OR BOOK PAGE:
.
c
WgUUMS, the COUNTY approved a deferral of impact fens for
c�
oakhaven Apartments, embodied in Resolution 93-28, at its
N
regular meeting of January 26, 1993; and
Z
HRF_QF S, the Impact Fee ordinance requires that the OWNER
enter into an Agreement with the COUNTY.
t0
NOW, TSEREFORB, in consideration of the foregoing recitals
ti
M
the parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are
N
true and correct and shall be incorporated by reference herein.
LL
2. LEGAL DESCRIPTION. „_,_The--=-1egal description of the
a
dwelling unit is "at, t�c r�o ibit 'A" and
Q
incorporated by re��.heYein.41
�a �
3. TERNS°' OWNS agrees that the proper remain
affordable grid sha l _ be,,- ofter�ed for sale or rent'- as case
i;
may be in accordanc 1*-jt� the Standar�is� set fo irk the
U
,I
appendix thef ; TmpaaF P {nan e tar,asL ,hod „o4 fi4een
Y
comi�encif j f orc e at a c r icate o cu anc is
O
years
t
issued fo to ?rreling3A nit.
'RhWaORRAI+Y
4. 16fFS, * F
he the owner fFx the
OWNER repr�� i' and warrants that
i
desc`rf +� in Exhibit *A" which 6Vk*r'AR0ct,�f194 An the
property
�a
$ dollars pursuant tip e . Imct Fee
Q
amount of „
the impact
ordinance. In r sto�,rthe waiver or def,al ?f,>s°O
ices owed by OWNER; �b►�nBQ �� fires rs° comply with
the affordable housingt,.,diver or deferral
M
qualification criteria detailed in the Impact Fee Ordinance.
i
5. Where an impact fee waiver or deferral is granted to
0
an OWNER who will be selling or renting the dwelling unit
subject to the impact fee waiver or deferral to a subsequent
purchaser or renter, the dwelling unit shall be sold or rented
L
only to households meeting the criteria set forth in the Impact
Q
Fee ordinance.
++
6. For owner -occupied dwelling units where impact fees
C
have been waived, the dwelling unit must be utilized for
! affordable housing for a fifteen year period after the
t�
M
- 2 -
Q
Packet Pg. 1308
16.D.11.d
Ig�2 001726
uR BOOK PAGE; �
certificate of occupancy is issued and if the dwelling unit
ca
ceases to be utilized for that purpose during such period, the
N
impact fees shall be repaid to the COUNTY. Even though the
impact fees have been repaid to the COUNTY because the dwelling
unit has not been utilized for affordable housing, the COUNTY CO
can require the owner to utilize the dwelling unit for M
r
affordable housing.
7. For owner -occupied dwelling units, the amount of N
impact fees deferred shall be repaid to the COUNTY upon the
LL
sale, refinancing or discontinuance -of upe of the dwelling unit V
for affordable housing,
" >hal�vo��.r� Q
e. For rend°; the impact fie,tcfid shall be
repaid to the' A upon the sale, r fi gl-ng ` or the
discontinuance of�euse-,-o, fie dwelling unit a of rdable
, O
housing, off` fit een `' +djifar, from the Ydke� of iss ' nce of a V
eertificat� of oc(a� , ?�h�ever,�cuf�� �*, Okthe event
a N
that afte' they ni ial Viftoe ly Ar de� rral t o rectal C
w. t on the V
units rema it, of ord e you -inch, t* OWNER ?�aY � F� � t
Board of Co`ititihYi sionehs;"at erelarlyulelic
O
o extension of the pay �t du date o the i
hearing, fr
,. uimpact
deferred izppLfevrs. OWNER agrees that `�' t'o ,
.,,
fees have best to to the COUNTY because .e rnie sells, Q
the use of the �" unit for O
refinances or di dtYe� � ...
"--------
"her to utilize
affordable housing, the OuO17canre�
fifteen years from
the dwelling unit for affoi"daOjho�usg
the date the certificate of occupancy was issued for the L
O
dwelling unit.
g. LIEN. The deferred and/or waived impact fees shall
be a lien upon the property which lien may be foreclosed upon E
O
in the event of non-compliance with the requirements of the O
Agreement. Q
10. ANNUAL REPORT. Annually, the OWNER of the dwelling
C
unit shall provide to the County Manager an affidavit of O
compliance with the affordable housing qualification criteria E
and standards set forth in the Impact Fee Ordinance. said
V
AW
a+
3 - Q
ac et Pg. 1309
16.D.11.d
1811 00 172 7
uR BOOK PACE.
affidavit must be filed within thirty days of the anniversary
ca
date of the issuance of the certificate of occupancy.
N
11. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements, or upon payment of the deferred or
waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing same, 1`
M
including, but not limited to, a release of lien.
12. BINDING EFFECT. This Agreement shall be binding upon y
the parties to this Agreement, their heirs, successors and
LL
assigns. In the case of ; ,or &,4nsfer by gift of the V
h` l ih ain liable for
subject property, thp,i"o�1gn:. Q
the impact fees ?ere deferred until"bsaic*Flt fees are
Impact +�+
l" the conditions set fort
paid in full ai
Fee ordinanc areat�ified�•\
O
recorb WNER V
13. RECORDING. I&I9 agreement shall i d d Y
�e _•.,,��grds o Copier
at the expense 4 .'pig tax.
Ne
County, llorii�.riti 5da airec }► f his O
C 1 o the B a d f Coun Commissioners.
Agreement , ;4 ; 0
14. [T T:`° `-C9WNER `sha*i*'_!be'1n" d fault ,"t» is 1 c e?�leent
¢¢''
F
(1) where t fails to sell or x t the prg in i
accordance
N_ the affordable h66sPmta�a§` and
qualif ication"ir'teA# established in the I Qt"F a Ordinance Q
a L
and thereafter f
$ p the impact fees duthin 30 days O
3
`e vl�t'es one of the
of said non-complian oar?e „ ar
affordable housing qualificatnsr°br`itraa" 1n the Impact Fee
Ordinance for a period of fifteen days after notice of the
violation. However, with respect to the Annual Report, OWNER 0
shall not be in default of this Agreement until a fifteen (15)
day grace period from the due date of the report has lapsed. E
O
15. REKEDIES. Should said property fail to comply with O
the said qualification criteria at any time during the fifteen
Q
year period or should OWNER violate any provisions Of this
�i
�
Agreement, the impact fees waived or deferred shall be paid in O
full by OWNER within 30 days of said non-compliance. OWNER i
agrees that the impact fees waived or deferred shall constitute
V
AW
4 - Q
T -
Packet Pa. 1310
--- -- --_ 16. D.11. d
1872 001728
Jk BOOK PAGE
a lien on the property commencing on the effective data of this
Agreement and continuing for a minimum of fifteen years or
until paid in the case of a deferral, unless extended, if OWNER
violates this Agreement. Such lien shall be superior and
paramount to the interest in the property of any owner, lessee,
tenant, mortgagee, or other person except the lien for county
Taxes and shall be on parity with the lien of any such County
taxes. Should the OWNER be in default of this Agreement, the
lien may be foreclosed or otherwise enforced by the COUNTY by
action or suit in equity as fob•-the.._„foreclosure of a mortgage
on real property. Thies r+9mdys �u�. with any other
right or remedy aYA1, y e�COUNTSt
IN W, ESb ,aWiEREOF, the parties ha 11 tinted this
,, r
Agreement fop, waiv?f1, , real of impact Fees on;the date and
year first above ,r rrit-t*ncvz }
Witnesses ` ,�_ x K �5:.,,�,,,-�,Yr�,,,u..s,:"r, tY
4*a r
`� `s
Print Name' fi
l+riny- nasa= a ,j
Print Name
BOA
DWIGHT E. BROCiC, C1erl[5 , e
Y/ C' BY:
Fprovggi•8s to form and
g leal sufficiency p
![artha N. well
Assistant County Attorney
OF
- 5 -
I
Packet Pg. 1311
�� :f
16.D.11.d
1872 001729
UR BOOK PAGES
STATE OF MISSISSIPPI )
COUNTY OF HINDS )
The foregoing instrument was acknowledged before me this
list. day of September , 199 3 , by Curt C. Buschingk
(name of person acnowledging), who is
personally known to me WV0P [abx=d (type of
identification) as Men ification. -
G
(NOTARIAL SEAL) S1 a of Person Taking Acknowledgment
Jeanie S. Pittman
Name of Acknowledger Typed. Printed or Stamped
Notar
Title or Rank
Coax
serTa
STATE OF
COUNTY OF :
The for tistr
day of/
Chairman, Surd o Cunt
Florida, orb`' behalf of h
Collier Conty,ilorida.
produced
identification) .��' ° y
[NOTARIAL SEALJ�, sigr►a ur
` Name of
� . t o
"I", N,
A S� alal N
MNWM7VJf
Ak
t ='
was acknowledged lore this
199a by BB t Launders,
ssioners o Collier` ountir,
d """ ssio rs o'
s tsonally .Down o e or ',,has
(tyre of
N r .
i e son ing bwl gmenIt
€ lk
;nawledge 'k,,!; yped, in e�,"'stam Pe<
� t` F
inky'
- 6 -
any
Packet Pg. 1312
16.D.11.d
1872
UR BOOK
EXHIBIT"A"
PROPERTY DESCRIBED As THELO E. 1/ INC.
CT[HE OWNS
� %4 p SOF REAL
1/4 SECTION 4TOWNSHIP 47 SOUTH, RANGE 29 EAST, AND
BEGINNING ,W THE S.W. CORNER OF THE N.E. 1/4 OF THE S.E. 1/4,
SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST_ THENCE EAST 198
FEET; THENCE NORTH 6345 FEET MORE OR LESS TO AVENUE B.
CARSON'S SUBDIVISION; THENCE WEST ALONG AVENUE B, 198 FEET;
THENCE SOUTH 634.5 FEET, MORE OR LESS TO THE BEGINNING,
COLLIER COUNTY, FLORIDA_
01130
PAGE:
CASHIER'S CHECI<CUSTOMI,RCOPY
16.D.11.e
RI?MI'I"1'ER
580 Oakhaven Circle, LLC
PAYEE,:
C.C. Board of County Commisson
AMOUNT:
189224,31
>= C. Fs:
0.00
SERIAL NUMBEIZ:
607102100
MEMO:
4
�
FIRST
RIVim ,
Remitter: 580 Oakhaven Circle, LLC
Pay to the Order of: C,C. Board of County Commisson
One hundred Eighty Nine Thousand Two Hundred Twenty Dour Dollars And 31/100 0
Memo:
1
DATF:
09/ 14/2020
TIME:
2:52 PM
CENTER:
6071
OPER ID:
99426
CASHBOX:
7078
CASHIER'S CHECK
Corporate Controller
,ImL t • 1
607102100
DATE,: 09/ l4/202()
1
Packet Pg. 1314
16.D.11.f
This instruntentprepared by:
ChristopherJ. Thomson, Esquire
"Ilromton Law Firm, PLLC
3080 Tatniarni Trail East
Naples, FL 34112
239-649-4900
SATISFACTION AND RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS, that Collier County, whose post office address is 3299 1;,
Tamiami Trail, Naples FL 34112, hereby acknowledges receipt of the full, complete and final payment for all
sums due and satisfaction of all conditions under that certain Agreement for Waiver or Deferral of Collier County
Impact Fees, dated September 21, 1993 and recorded October 7, 1993, in Official Records Book 1872, page 1724,
as modified by the Addendum recorded September 29, 2005 in Official Records Book 3900, page 3283, as
modified by Assumption recorded January 5, 2006 in Official Records Book 3960, page 2344, as modified by
Assumption recorded May 15, 2014 in Official Records Book 5037, page 3616, and as modified by Assumption
recorded October 31, 2016 in Official Records Book 5328, page 2528, all of the Public Records of Collier
County, Florida (collectively, the "Deferred impact Fee Agreement").
The Deferred Impact Fee Agreement was recorded as set forth above and imposed a lien in the amount of
$189,224.31 and certain obligations on the owner of the property described therein.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction and Release in the Official Records of
Collier County, Florida to acknowledge that the Deferred Impact Fee Agreement and the lien created thereby are
satisfied, released and cancelled,
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By:
DEPUTY CLERK
Date:
Approved as to form and legality
Jennifer A. Belpedio
Assistant County Attorney
III
Burt L, Saunders, Chairman
Date:
n"J,0
`O
Packet Pg. 1315