Loading...
Resolution 1997-4528 RESOLUTION NO. 97 A RESOLI~flON O1~ THE BOARD O~ COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AUTHORIZING A NEW AGREEMENT FOR AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY. WHEREAS, Collier County has recognized and attempted to address thc lack of adequate and affordable housing for Iow and very low income households in Collier County and the need for creative and innovative programs to assist thc provision of such housing by including several l~oviaions in thc Collier County Growth Management Plan, including Objective 1.4, Policy 1,4.1; Objective 1.5, Policy 1.5.2, Policy 1.5.3, Policy 1.5.4, Policy 1.5.5, Policy 1.5.6; Objective 1.6, Policy 1.6.3; Objective 2.1, Policy 2.1.1, Policy 2.1.2, Policy 2.1.3, Policy 2.1.5, and Policy 2.1.6 of the Housing Element; and WHERf_,AS, Collier County Ordinance No. 90-89, the Collier County Affordable Housing Density Bonus Ordinance provides for bonuses in density for ownership and rental affordable housing; and WHEREAS, thc Saddlebrook Village PUD Ordinance 91-55 adopted on .Iune 25, 1991 is subject to thc provisions of the Agreemcm Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property therein adopted; and WHEREAS, thc PUD was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, thc Board of County Commissioner has reviewed the PUD and has determined that a new Affordable Housing Agreement must be part of the conditions required to extend the current PUD zoning until December 9, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property dated December 9, 1997 (the "New Agreement") by and between CEI/Kensington, Ltd., Colonial Equities, Inc. and Outreach Housing Corporation (singularly, or collectively, the Developer) a~td the Collier County Board of County Commissioners (the Commissioner) shall supersede the Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property dated June 25, 1991 p~ovided thc Developer closes on either or both (as defined in the "New Agreement") within 120 days of the date of this Resolution. The Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Peal Property dated lune 25, 1991 is hereby terminated. In the eveBt Developer fails to close on one or both portions of the property, then staff will return to the Board of County Commissioners with a new affordable housing agreement as to either or both portions of the property that failed to close. This Resolution adopted after motion, second and majority vote favoring same. D^T -D: BOARD OF COUNTY COMMISSIONERS, 'LOR; A . Approved as to form and legal Heidi F. Ashton Assistant County Attorney Consented to this lIth day of December BY OWNER: ,~/James Colosimo, Individually and as Trustee · of Exit 15/1-75 Land Trust ,1997. 8 AGa~.~m, rr AUTHOR~Zr~6 Am:O~ABt, E HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the ~3~ ~ day of ,0/"./~z~'f' 199'/, by and between CEllKen,~ington, Ltd., a Florida Limited Patlner~hip, and Colonial Equities, Inc. and Oulmach Housing Corporation and the Collier County Board of County Commissioners (the "Commission"). RECITALS: A. The Developer is the Owner or contract purchaser of a tract or' real property descn'bed as (complete legal de~.-'~'iption) the West ½ of the Southeast ¼ of Section 34, Township 49 South, P,~nge 26 ~ Collie~r Cotmty, Florida lying South of I-7:S; less and except the following: the South 50 feet for Radio Road right-of-way and the East 726.00 fcet of the Wes~ V~ o/' the Southeast ¼ of said Section 34 (The "Propen'y"). The legal and equitable owncrs include James R., Trustee. It is the Developer's intent to construct a maximum of four hundred thirty- eight (438) residential units (the "Units") at a density of thirteen (13) units per gross acre on the Property. The gross acreage of Property is +_.33.79 acres. The number of affordable Units constructed by Developer shall be two hundred two (202), representing forty-six percent (46%) of the total number of ~esidential 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 conslmction of two hundred and two (202) bonus Units on the Property, if the Devcleper agrees to construct affo~ble Units as specified in ds Agreement and the Developer covenants and agrees to usc the affordable units only as rental prope,~. NOW, THEREFORE, in consideration of the approval and granling of the density bonus of six (6) units ~ acr~ requested by the Developer and the benefits conferred thereby on the Prol:~-ty, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above recitals are hue and correct and are incorporated herein by 2. Developer Agreements. The Developer hereby agrees that it shall construct two hundred and two (202) affordable Units which Units shall be rented in accordance with thc terms and conditions of this Agreement and as specified by the attached Appendix A, Exhibit A and Exhibit B, which Appendix is incorporated by reference herein and constitutes a part of this Agreement. Units at the Property which are not an affordable Unit ("Market-Rate Units") shall oc exempt fi.om thc provisions of this Agreement and may be leased or rented by Ihe Developer on terms and conditions acceptable to the Developer in its sole discretion. Within forty-five (45) days from the date that notice is received from the Commission, thc Developer shall provide on-site management to assure appropriate security, maintenance and appearance of the development and the dwelling Units. a. Thc following provisions shall be applicable to the affordable Units: (I) Definitions. Any and all definitions provided by Ordinance No. 90-89, as amended, are hereby incorporated by reference. Phtsing shall mean (a) thc phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site developmem plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Base Rent. The monthly base rent for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Exhibit A. The monthly rent may be increased each' year from the date of this Agreement as long as the rent does not exceed one-twelfth (i/12) of 30 percent of an amount which represents 50 percent (for very Iow income), and 60 percent (for Iow income) of the then 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 nmi charged for an affordable housing unit rented to a Iow income or very low income family shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or similar development. (3) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then cunznt median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that an: authorized by HUD or any successor agency. In the event ttm HUD ceases to publish an established median income as aforesaid, the parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (4) Eligibility and Qualification of Tenant. Family income eligibility is a three-step process: I) submittal of an application by a pmepecfive tenant; 2) verification of family income; and 3) execution of an income certification form. All three steps shall be 8 accomp!ished prior to a tenant being qualified as an eligible family lo rent and occupy an affordable ho~ing 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 accepting applications from tenants, verifying income and obtaining income certification for all affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Housing and Urban improvement Director. Qualification by the Developer of any tenant as an eligible tenant family shall be subject to review and approval in accordance with thc monitoring and enfomement program created and adopted by Resolution of'thc Commission. (a) Application. A potential tenant shall apply to the developer, owner, manager, or agent to qualify as a low or very low income family for thc purpose of renting and occupying an affordable housing rental unit pursuant to the affordable housing density bonus program. The Preliminary Application for Affordable Housing Unit shall be provided by the llousing and Urban Improvement Director as shown in Appendix B, Exhibit A, attached to this Agreerhent and incorporated by refenmce 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 re-'rifled and certified in accordance with this Agreement and Ordinance No. 90-89, as amended, as a Iow or very Iow income family. Tenant income verification and certification shall be repeated annually to assure continued eligibility. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax retm'n for the potential occupants (including the entire household) may be used for the purpose of income verification, if aRached 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 ,,hall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated ~-oa~ thc original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable }lousing Applicant Income Verification form shall be provided by the Housing and Urban Improvement Director as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. 8 A2 (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require that an income certification form shall be executed by the potential tenant (including the entire household) prior to rental and occupancy o£ the affordable housing unit by the tenant. Income certification shall assure that the potential occupant has a Iow or very Iow 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 Agreement and incorporated by reference herein. (e) Rental Agreement. At a minimum, the rental agreement shall include the following: (i) name, add.ess, and telephone numlxn' of the head of household and ali other occupants; (ii) a description of the unit to be rented; (iii) the term of the lease; (iv) the rental amount; (v) the use ofthe premises; (vi) moniloring and enforcement provisions, including disqualification of tenant; and (vii) the rights and obligations of the pm'ties. Random inspection of flies containing required documenta, tion to verily occupancy in accordance with this Agreement and Ordinance No. 90-89, as amended, may be conducted by the Housing and Urban Improvement Director. (5) Disqualification of Tenant. In the event that tenant qualification is not subsequently confirmed by the Housing and Urban Improvement Director or his design~, then such tenant shall be required to vacate the affordable unit. [f tenant vacation of' the affordable unit is the testat of an error, omission or misrepresentation made by Developer, tenant shall vacate the affordable unit within thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. Ift~nant vacation of the affordable unit is the result ora misrepresentation made by the tenant, tenant shall vacate the affordable unit within I$ days and shall pay penalties as provided by the monitoring and enforcement program. Such eventuality shall be expteasly detailed in the leaae 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 th,Ar construction, rental and occupancy. The annual progreas and monitoring report shall, at a minimum, provide any information reasonably required to insure compliance with Ordinance No. 90-89 or subsequent a'nendments thereto. The retx~t shall be filed on or before September 30 of each year and thc report shall be submitted by thc Developer to the Housing and Urban Improvement Director. Failure to complete and submit the monitoring report to the Housing and Urban Improvement Director within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) da), submission deadline. No more Ihan one such extension may be granted in a single year. The progress and monitoring report shall be in a t'orm provided by the Housing and Urban Improvement Director. (7) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be oecup:ed by thc Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of seven (7) units per acre, and is therefore granted a density bonus of six (6) density bonus units per acre. for a total (total ~ density bonus units per acre X gross acreage) of 202 density bonus units, pursuant to Collier County Affordable Housing Density Bonus Ordinance No. 90-89. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum'number of 438 units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this A~eement, the Commission acting through the l-lousing 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. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and the Collier County Affordable Housing Density Bonus Ordinance to prat, sell or occupy, or attempt to rent, sell or occupy, an affordable housing rental unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Housing and Urban Improvement Director or by any other persons pursuant to the authority which L~ delegated to them by the Ordinance. Collier County or its designee shall have full power to enforce the terms of this Agreement. Thc method of enforcement for a breach or violation of this Agreement shall be at thc option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. 8 A2 b. Notice of Violation for Code Enforcement Board Proceedings. Whenever it ia determined that there is a violation of this Agreement that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be i,~sued and sent by the ltousing and Urban Improvement Director by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation of the Ordinance. The Notice of Violation shall be in writing, shall be signed and dated by the Housing and Urban Improvement Director or such other County porsonnel as may be authorized by lhe Board of County Commissioners, shall specify the violation or violations, shall state that said violations(s) shall be corrected within ten (!0) days of the date of the Notice or' Violation, and shall slate 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, Sec~on of this Agreement or of Ordinance No. 90-89 or subsequent amendments thereto violated, n,~ne of the Housing and Urban Development Director, and date and time when Ihe violator shall appear before the Code Enforcement Board. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreemen! or with Ordinance No. 90-89, as amended, at the optioh of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire projeci is in full compliance with this Agreement and with Ordinance No. 90-89, as amended. 6. Assigrunent by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Prop~ty provided that it gives the Develol~r ~rty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express writIen consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Prol:~Xy without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of coml~ent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall r,~naln 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 l~'rsonally delivered or shall be sent by mail, postage prepaid, to the parties at the following addresses: To thc Commission: Housing & Urban Improvement Dept. 2800 N. Horseshoe Drive Naples, Florida 34104 To the Develope~. Richard Shaw, President Colonial Equities, Inc. 16200 Dallas Parkway, Suite 190 Dallas, Tx. 7524g Any party may change the address to which notices are to be sent by notifying the other party of such new address in the manner set forth above. 9. Authority to Monitor. The parties hereto acknowledge 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. 10. lndemni~. The Developer hereby agrees to protect, clef'end, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable a,omey's tees and all costs of litigation and judgments arising out of any claim, willful misconduct o~t negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. ! !. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time tu 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, Developt'r shall have no furtht'r obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recording. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13, Entire AgreemenL The parties hereto agree that this Agreement cormitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (Iow or very low income) designat~ in accordance with this Agreement for at least fifteen (15) years fi'om the date of issuance of a " 8 Certificate of Occupancy for such unit. After fifteen (15) years this A!p'ccmcnt may terrninatc upon a date mutually agreed upon by the parties and stated in writing. ! 5. Modification. This Agreement shall be modified or amended only by the written agreement of both parties. 16. Discrimination. a. Thc Developer agrees that neither it nor its agents shall discriminate against any tenant or potential tenant because of said tenants race, color, religion, sex, national origin, familial ~, or handicap. b. When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, sell, and maintain thc same in a non-discriminatory man,~er mad shall make available any relevant information to any person who is interested in renting or purchasing such affordable housing unit. c. Thc Developer agrees to be responsible for payment of any real estate commissions and fees assessed in the rental or purchase of affordable units. d. Thc affordable housing units in the development shall bc identifie:l on all building plans submitted to thc County and described in thc Developer Application for Affordable Housing Dhasity Bonus. e. The affordable housing units shall be intermixed with, and not segregated from, thc mazkct rate dwelling units in the development. f. Thc square footage, construction and design of thc affordable housing units shall be the same as market rate dwelling units in thc development. AIl physical amenities in the dwelling units, as described in item number seven (7) of thc Developer Application for Affordable Housing Density Bonus shall be thc same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be thc same in both the market rate units and thc affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units arc thc same within each phase and provided tl~ in no event may a market rate unit or affordable unit in any phase contain physical amenities less th~n those described in the Developer Application. 17. Phasing. This development is being built in two phases, each having separate financing sources. The legal description of Phase I is a~achcd as Appendix D, with Phase Fl being the remainder of the property. Howcvcr, thc second phase (298 units - northern portion of the site) will commence constzuction following ma ~pproval of an amended PUD. Phase I will consist of 140 units 80% low income at 60% of thc arcs median income and 20% at very Iow income at 50*/,, of median income (southern portion of the development). Phase II will consist of 298 units with 62 affordable units (60 units at 50% of the area median income) and two (2) units at 60% of area median income. This agreement will become effective as to Phase I concurrent with Developer's closing on the purchaze of the southern portion of thc Property, and will further become cf:ectivc as to Phase fl conotrrcnt with Developer's subsequent closing on the northern portion of the Property. In the event Developer fails to close on one or both portious of the Property, then staffwill mum to the Board of County Commissioners with a new affordable housing agreement as to either or both portions of the Pnaperty that failed to close. However, this agreement will supersede any previous Affordable Housing Density Bonus Agreement approved for this parcel. 18. Disclosure. The developer shall not disclose to persons, other than the potential tenant, buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with thc Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. 20. Affordable Housing Density Bonus Development Agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Stat. (1989) and as amended. 21. Prcepplication. Developer has executed and submitted to the Development Sendces Director the Developer Application for Affordable housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Gov~ning Law. This Agr~.-ment shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The parties hert~ shall execute and deliver, in rccordable form if necessary, any and all documents, certific~es, instruments, and agreements which may be r~sonably required in order to effectuato the intent of this Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has temainnted in accordance with the provisions of paragraph 14 above. 1N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. 8 A2 (2): (2): Witne~ (2): BOARD O12 COUNTY COMMISSIONERS COLLrER COUNTY, FLORIDA TIMOTHY L. HANCOCK, Chairman / DEVELOPER CEI/KENSINGTON. LTD. by: COLONIAL EQUITIES, INC., its Geaer~ Pmner By: Richard Slu~, Pr~idcnt COLONIAL EQUITIES, INC. By:.. Richard Shaw, Pre~id~ t HOUSING OUTREACH CORPORATION (Print Name) CPrint Titlo) Approved u to form ~d legal suffieiaacy: H~idi F. A~h~m STATE OF ) )~. COUNTY OF ) Thc foregoing Agreement Authorizing Affordable Housing Doasity Bonus And Imposing Covcn~ls And ResUiction~ On ~ ~ wu acknowled~d befor~ me by Richard Shaw, Prcsident of Colonial Equities, Inc., Gmeral partner of CtR/Kcnsington, Inc. on half of the Corporation. He is pet~mally known to me or has produced ns identification. WITNF.~S my haad ~nd official ~ this ~ day of ,1997 My Commission Expires: Notary Public lO STATE OF ) COUt'tT~ O~ ) The foregoing Agreement Authorizing Affordable Housing De~ity Bonus And Imposing Covenants And Res~icfions On Real Property was acknowledged befor~ me by Richard Shaw, President of Colonial Equities, Inc., on halfof~he Corporation. He is personally known to me or has produced as identification. WTT~ESS my hand and official seal this _ day of_ _, 1997. Notnry Public My Commission Expir~: STATE OF )as. COUNTY OF ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged befor~ me by Richard Shaw, President of Housing Outreach Co~porafion on half of the Corporation, Ha is personally known to me or has produced as identification. WITNF_3S my hand and official seal this .... day of ,1997. My Commission Expires: Notary Public 11 ' RENTAL Appendix A, E~hibit A _NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY-~/~ NUMBER OF UNITS BASE RENT Single Multi single Family Family ' Family Multi Family LOW INCOME Efficiency 0 0 i Bedroom 0 0 __ 0 2 Bedroom 0 9S _ 0 _ 3 Bedroom 0 ...... 16 _ 0 4 Bedroom 0 0 0 _ TOTAL 0 703 v~ LOW INCOME 0 Efficiency 0 0 i Bedroom 0 2 Bedroom ' 0 3& 0 3 Bedroom 0 8 0 4 Bedroom 0 .0 0 TOTAL 0 88 (1) Base residential density allowed in this development 7 units/acre. (2) Gross acreage +33.7.__~9 . (3) ~aximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 ordinance 90-89. 6 units/acres. (4) Grom~ residenti&l density of this development (including affordable housing density bonus units) 13 units/acre. (5) Percentage of affordable units pledged by the d~veloper (as a percsnt of the total number units in the development) %% %. *Rents are net of u~li~y allowances. Water and sewer utilities provided in listed rent levels. . Page 1 of 4 AppenOlx A, £X~LDLU ~ ~FFORDABLE ~OUSING DENSITY BON~B RATI~ SYST~ Section 7, Ordinance No. 90-89, 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 used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the 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, as shown in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the a~fordable housing density bo~us rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of 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 densit~y 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 4 ! LEVEL }U~giBEROF B~DROOMS/UNIT OF HOUSEHOLD EFFICIENCY 2 3 OR MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR HULTI- FAMILY) VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE- FAMILY OR MULTI- ~AM~LY) 1' 1' 3 4 4 5 *For cluster housing developments in the Urban Coastal Fringe, add i density bonus to obtain 2. ~]%DDZTZOB~L ~NI%Z~gL~ DIFELLIN~ UNITS AFFORDABLE HOUSIN~ DENSITY BONUS RATING % OF AFFORDABLE HOUSING UNITS 19A 2o% ig~ 4o% I 0 0 i 2 2 0 i 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Please caloulate your density bonus in the spaoe provided below. lttaoh additional pages if necessary. Density Bonus was previously calculated a~ the time of approval of Saddlebrook Villass PUD. Page 3 of 4 . $51,300 Pursuant to t.he Affordable Housing Density Bonus Ordinance, No. 90-89, moderate income is 81% to 100% of the median income, iow income is 51% to 80% of the median income and very low income is less than 50% of median income. Pursuant to the Impact Fee Ordinances, adopted by tho Board of County Commissioners, Dec~mber 16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the median income and ve~'y iow income is less than 50% of the median income. MEDIAN INCOME 1997 Napl~, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 1 2 3 4 5 6 7 8 100% 35,900 41,000 46,200 51,300 55,300 59,500 63,600 67,700 80% 28,750 32,850 36,950 41,060 44,300 47,600 60,900 54,150 60% 21,540 24,600 27,720 30,780 33,240 35,700 38,160 40,620 50% 17,950 20,500 23,100 25,650 27,700 29,750 31,800 33,850 RECOMMENDED RENTAL RATES The Florida Housing Finance Agency (FI-IFA) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Low-Income Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 1997 data from FI-IFA. Utility costs'are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED Obl 30% FAMILY INCOME ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM UNIT UNIT UNIT UNIT 100% 962 1,155 1,334 1,487 80% 770 924 1,067 1,190 60% 577 693 800 893 50% 481 578 667 744 UTILITY ALLOWANCE 52 95 137 162 100% 8O% 60% 50% l~viscd 2/97 f/density bonus ALLOWABLE RENT WITH UTILITIES DEDUCTED ONE BEDROOM TWO BEDROOM THREE BEDROOM FOUR BEDROOM 910 1,060 1,197 1,325 718 829 930 1,028 525 598 663 731 429 483 530 582 Page4 of 4 ~DIX C Developer Application For Affordable Housing Density Bonus Appendix C Developer Application For Affordable ~ousing Density Bonus Pursuant to the requirements of the C~llier County Affordable Housing Density BonUs ordinance No. 90-89, Section 6.4, please complete this form and submit it with any accomParrying documenta- tion to the Development SerVices Director, 2800 North Horseshoe DriVe, Naples, Florida 3&10&. A copy must also be provided to the 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; Fx~scing zonin~ Co be retained, ~addlebrook ~- with the affordable housing density bonus? Yes' IX No If yes, state date of application request has been approved, state the ordinance number Has an application for rezoning been requested in conjunction and if the Gross density of the proposed development. 13 units/acre. Gross acreage of the proposed development. 33.79 _ acres. 4. Are affordable housing density bonus unite 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. 5. Name of applicant Coloni~l Equities, Inc. Name of land developer if not the same as applicant Phase I, Applicant; Phase II, Outreach Houoins Corpora:ion. Page i of 3 DeVelOper lpplication For lffordable Rousing Density Bonus 6. Please complete the following tables as they ~ppl¥ to the progosed develogment. Tote1 ~,~er of Units in Development Owner 0 - Efficiency 0 - 0 _ One Bedroom ~3o -- 0 _ Two Bedroom 242 - 0 _ Three Bedroom 66 - Other Bedroom -0- 0 _ TO~L 438 _ 0 .. T~BLB II MODERATE INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL ~m~er of affordable H~usina unit~ Total Number of Proposed Use for Affordable Units Density Bonus Units ' in Development Owner B~* Owner 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 0 0 0 0 ' o 0 0 0 0 0 0 N 98 0 ~iR 0 16 0 703 0 0 0 0 11~ 0 0 LOW INCOME Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL ~et of utilities. rant levels. Water and sewer utilities provided in listed Page 2 of 3 Developer ~pplication Fo~ Affo=dable Rousing Density Bonus (Continued) Total Number of Affordable Units in Development Owner Proposed Use for Density Bonus Units ~ , owner LOW INCOME EfficiencY 0 _ __ 0 _ - 0 0 ~ -- 1 Bedroom ~6 _ _ -- 0 2 Bedroom 34_ _ 0 _ _~15 _ -- 0 3 Bedroom _ - 0 Other .0 _ 0 _ _ - -- 0 TOT~%L 88 _ 0 . _ -- -- 7. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor coverings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages. * Net of utilities. Water a~d sewer utilities provided in listed rent levels. Page 3 of 3 SADDLEBROOK AFFORDABLE UNITS Response to Item//7 of Appendix C, Physical Description PHA~'~E I No. of Units Type Square Footage Rent 20 2 Bedroom/1 Bath 750 $515 60 2 Bedwom/2 Bath 880 $618 36 ' 2 Bedroom/2 Bath 900 $618 8 3 Bedroom/2 Bath 1040 $570 16 3 Bedroom/2 Bath 1040 $703 No. of Units Type Square Footage Rent* 46 I Bedwom/l Bath 600 $448 14 2 Bedroom/1 Bath 750 $515 2 2 Bedroom/1 Bath 850 $618 All of the units will be carpeted tlu'oug~t with the exception of kitchens and baths, which will have vinyl flooring. Every bedroom and living area will have a ceiling fan with a light kit. The kitchens will include dishwasher, drop-in range, disposal and a refrigerator with an icemaker. A utility room will contain full size washer/dryer connections and an individual electric hot water heater. Ali units will have electric central air conditioning/heating units. * Rents are net of utilities. FAX 'i'RANSMISSION DATE: ~ NUMBER OF PAQES:~ F .,~,; NUMBER: COMMENTS: CONFIDENTIALITY NO'liCE Trail Non. h, -%ira .VAS · r,4aplo~. Florida .15940 · ~1.~6~.,~34 ,* F.,~ 94!-Z~-&~;' P.O1 HU! 9416438331 l't. lU~lt)l IU: ;~ Y~8,U Ff:F'I. ES TO Wilbm p. & NmI~ C. ~whei6 Teust C.J. Lee IUI 4~32331 p.~1.4~ 8 A 2 ~ A. & dem~ M. M~hr, erJ';m~ 401K I~0 m.A FgO JMn M. MMmlr~m Wilbm MM? MAIM( Tms~ Murray DIV~ A. Aa.mb Wigim"n P.. Salines fleger L. Terry & llna~ P, Ter,'Y ,Jetta ~ L. Tm'~ ~ 20g-44-g~ PA, Pen,~en J(~'J'emn~ whh Full ~ M Mer~ M. Maw W~r~ A ~ W~rz Tm' L Y~U I, FF~ES TO Acme Inve~mem Cc.. p. ,~.~.-'04 S~.kIfk~ CJ~ ~ Acct. ~91572 CmnealN., Co-Tm~C~ee OB,'ClYN ef Lima. C~mtJ:m~an~f/~.ql~,m,y N. Cmml:d~M ,Jot~ £.Oqjkra, ~. l'mlml~ M Cammen Mi,. Fr~t~ M. ~lie & ~ Mm'y Emi Te,~n~ i'n C. gmm~ Oem~ W. & Llr,~m ~ T~u tn Cc,tunturi HaMe