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Ordinance 94-23 . . I.;..~ ORDINANCE NO. 94-- 23 AN ORDINANCE AMENDING ORDINANCE NUMBER DEVELOI~ENT CODE WHICH INCLUDES T~E COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 6932N~ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A-M}IO" TO -- "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS  TIMBER RIDGE P~D, LOCATED AT THE ~_ SOUTHEAST CORNER OF EDEN AVENUE AND ~ ~ CARSON ROAD IN IMMOKALEE IN SECTION 32, __ 10.1~ ACRES~ AND BY PROVIDING AN __  ~o EFFECTIVE DATE. · WHEREAS, Bill Hoover, AIC9, of Butler Enginering, Inc., representing Immokalee Non-Profit Housing, Inc., petitioned the Board of County Commissioners to change the zoning classif~cation of the herein described real property$ NOW, THEREFORE BE IT ORDAINED b~ the Board of County ,.. Commissioners of Collier County, Florida: ~", The zoning classification of the herein described real " ~:' property located in Section 32, Township 46 South, Range 29 .= East, Collier County, Florida, is changed from sA-M~Os to ii' s~UDs Planned Unit Development in accordance with the Timber i~ Ridge PUD Document, attached hereto as Exhibit sAs and · . incorporated by reference herein. The Official Zoning Atlas Map Number 6932N, as described i~ Ordinance Number 91-Z02, · the Collier County Land Development Code, is hereby amended ;; accordingly. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has ,2~!. been filed with the Secretary of State. ~ ~" ";"' 065 462 :~ ~OOKpAGr.. · ;--' ,·~; :'J;: .~,. .1 PASSED AND DULY ADOPTED by tht Board of County Commissioners of Collier County, Florida, this _/,),, day of , 1994, , , " BOARD OF COUNTY COMMISSI~,~ · .,, COLLIER COUNTY, FLORI AN~ "' -.: >/,k'. ~Z m. ~D~ S ~/11032 TIMBER RIDGE ,.: A PLANNED UNIT DEVELOPMENT PREPARED FOR: IMMOKALEE NON-PROFTT HOUSING, INC, 2449 6ANDERS FINES CIRCLE IMMOKALEE, FLORIDA 33934 PREPARED i, BILL HOOVER, AICP ",:' BUTLER ENGINEERING, INC, · 1645 COLONIAL BOULEVARD FORT MYERS, FLORIDA 33907 '-' DATE BLED '*j2,:jj~e:~ ,.:;I DATE REVISED 4-12-94 , ~ ':~ .... DATE REVIEWED BY CCPC ~;:, ~ ~ ' DATE APPROVED BY BCC :" ExhFolt 'A" ORDINANCE NUMBER · · ' ' ""' .... ,~'. , '. o..;., , · .., .~.. '-';~.,::~..~' . ., . :.~...'o.' ..- ~':' '-,- TABLE OF CONTENTS ,. F_jLGE TABLE OF CONTENTS , I i" "LIST OF EXHIBITS ~I: . , STATEMENT OF COMPLIANCE 1 ~' SECTTON I PROPERTY OWNERSHIP AND DESCRIPTION 3 · " SECTION I! PROJECT DEVELOPMENT REQUIREMENTS 6 .'' SECTION Ill LOW DENSITY RESIDENTIAL GUIDELINES 11 ~/ SECTION IV MEDIUM DENSITY RESIDENTIAL GUIDELINES 14 "=' ~: SECTION V DEVELOPMENT COMMITMENTS 18 ,oo, 065,,, 465 · .. ,, :'..., ". '.~ , .. ~ ... ,....., ,..; .:'..." . . , ~:~, . . . , ~,~ ~;' '-. ~ .' ,', L' .....~,' -~ :- ..' ,' ':. ~' ,~' ;'~'~ ~"':, '~.-. ~.,'*'," ' :' ,'~ "'" ..'. :~'.i ' ' ................ ' ~ ' "* - :, ,;,,.,.'; , .' , .:: ,~.- '~ . *, · , ,;.-,., ~,'.;,!~!;.!-! ;~', ,~;..' ,::. '. ,.'~,~,~.~..:~.';:,,~,,. :.,'..;~!' .....- · · . ,.[,, ~. I~.;: ~,. - ~ ' '-; 't' ' : 'o "'/" ' ' ' "'~' ~;"~"' ': ~ "' !,! ,- ~.. ,.'...~-,: ','."~';:'.../-Z.-'... ....." ...'-,'.'..;..~.;,.-..,~.~,;..;;.. ~.;;;;~...'.. .. ,..' · ,,'.'..'..",';':.'~;Z-" ~/..:"-.', .'. '~.:":-:-~:~:;~;'.-.."".; :~,-~ .. :... · :"'~ '~ ; ', ~ I '- - ,~i,!~; LIST OF EXHIBITS ~ ~; EXHIBIT A PUD MASTER PLAN/WATER MANAGEMENT PLAN EXHIBIT B LOCATION MAP EXHIBIT C BOUNDARY SURVEY ~" EXHIBIT D EXISTING LAND USE/VEGETATION MAP · ' EXHIBIT E TOPOGRAFHIC/SOIL$ MAP ,- EXHIBIT F AERIAL PHOTOGRAPH :- EXHIBIT G SERVICES AND SHOPPING FACILITIES MAP STATEMENT OF COMPLIANCE The development of approxim~tely 10.1 acres of property In Collier County, es a Planned Unlt Development to be known as Timber Ridge PUD will be in compliance with the planning goals and objectives of Collier County as set forth In the Collier County Growth Management Plan and the [mmoka[ee Master Plan. The residential and recreational facilities arthe Timber Ridge PUD will be consistent wlth the growth policies, lend development regulations, and appficable comprehensive planning objectives for the following reasons: 1. The subject property Is within the Mixed Residential Land Use Designation as identified on the Immokalee Future Land Use Map as requrred in Objective I1.1, Policy I1.1.1 and the Designation and Description Section of the Immokalee Master Plan. 2. The subject property's location in relation to existlng or proposed community facilities and services permits the development's residential density as required in Objective fl.1 of the Immokafee Master Plan. 3. The project development will result In residential in-fill in areas served by sewer, water, schools and shopping as set forth in Policy If.2.2 of the Immokalee Master Plan. 4. The project development is planned to Incorporate natural systems for water management In accordance with their natural functions and capabilities as may be required in regulations required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element of the Growth Management Plan. 5. The projected maximum density of 7.92 dwelling units per acre is In compliance with the fmmokalee Master Plan based on the following relationships to required criteria: Base Density + 6 dwelling units/acre Affordable Housing Density Bonus +8 dwelllng units/acre Maximum Permitted Density 14 dwellTng units/acre 6. All final local development orders for this project ere subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy !1.1.2 and Policy VI1.1.1 of the Immokafee Master Plan. 7. Thls project will provide between 59 to 80 units of Affordable Housing, thus meeting the requirement of Objective 1,4 of the Housing Element of the Growth Management Plan, which requlros adequate sites for housing development to meet the needs of LM! persons. .. 065,,-467 1 -, :' ' 8. This pro}ect wffi provide between 59 to 80 units of AffOrdable Housing, thus meeting the requirement of Objective 1.5 of the Housing Element of the Growth Management Plan, which requires that the total number of Affordable Houslng units be Increased to meet the housing needs of all existlng and anticipated popufatlons of Collier County. ,. - ,, PROPE~ O~ERSHIP AND DESCRI~ON 1.1 PURPOSE ~e purpose of this Section is to set fo~h the location and o~ershtp of the prope~, and to describe the exlsting conditions of the prope~ proposed .- be developed under the project name of ~mber R~dge PUD. ,. 1.2 LEGAL DESCRI~0N ~e sub}e~ prope~ being 10.1 acres, and located in Section 32, To~shtp 46 So~h, and Range 29 East, Is described Tracts 5 and 6, Eden Park Subdivision, 1st Addition, as recorded in Plat Book 5, Page 3, Collier County, Florida. 1.3 PROPER~ OWNERSHIP .;. ~e $ubJe~ prope~ is under contra~ to purchase by lmmokalee Non-Profit ,,. Housing, Inc., 2~9 Sanders Rnes Circle, Immokalee, RotIda 33934. : 1.4 GENERAL DESCRI~ON OF PROPE~ AREA ~:~ A. ~e subject prope~ Is located at the somheast corner of Carson Road ~ and Eden Avenue in !mmokalee, Rorlda. B. ~e subject prope~ currently has an estate home with accompanying , swimming pool and large barn on the site. ~e site currently has A-MHO Zoning. ~e entire site is proposed to be rezoned to PUD. ~',. 1.5 P~SICAL DESCRI~ON ~e project site Is located ~thln the Lake Trafford Water Management Basin. SIte drainage Is to the northwest where existing CounW maintained drainage facilities pick up the runoff and rome dlscharges westward and finally southward to ~ke Trafford. Lake Trafford overflows into the Corkscrew Swamp and the Fakehatchee Strand. Water management will be accomplished by means of an on-site pond or dry retention area. Existing elevations on the site range from elevation 36.3 feet to elevation 38.6 feet. ~e site Is outside the FEMA defined flood zone as Is labeled Flood Zone D on the FEMA Map Index. , '*' There are three types of soils on the site. The soil on the approximate northern 15 percent of the site Is Urban Land Immokalee Oldsinai, limestone substratum complex. Just below this soil area along the western boundary of the site is :~ a small area of Immokalee fine sand which makes up 8bout 10 percent of the ~ entire site. The approximate remaining 75% of the site Is composed of Porealto fine sand. Data was based on the Environmental Assessment from Tropical .. Environmental Consultants dated October 4, 1993. ;,,¥ The existing site currently consists of numerous Slash Pine trees with nearly no ;i' understory and mowed lawn as the groundcover. :. 1.6 PROJECT DESCRIPTION ~.. The project is planned for a single-family detached Affordable Housing project -~.. comprised of e maxlmum of 69 unlts {Including the existlng home} with .... ' recreational arechilies. The exlstlng home may be converted to s child care ; facility or a child care facility may be constructed Instead of one of the units. "~ The residential unlts in Tract "A" ere planned as 3 end 4 bedroom owner- '. occupied homes, all of which meet the standards for Coillet County Affordable Housing. After the completion of the 24 single-family homes In Tract "A", other types of units may be constructed In Tract "B", pursuant to Section 2.7.4 of the i LDC, as follows: 58 rental units are proposed, 22 of these being two-bedroom ,- units end 34 three-bedroom units. These rental units would be constructed as dup/exes, two-family structures, end/or multi-ramify units, not to exceed 4 unlts per building. If rental units ere constructed, the existing home In Tract would be convened to one or more of the following uses: management office, recreation building, laundry or child care facility. Any child care facility would be limited to children living on the project, who have at least one parent living in the project, or other projects under the same ownership or management. ;: Proposed Is a Coillet County Affordable Houslng Project that would be .,½. developed over 3-phases with the house and swimming pool being retained and the barn being removed. Tract "A" Is composed of the entire first phase and Tract "B" Is composed of the second and third phases (see PUD Master Plan}. Proposed in Phase 1 ere 24 single-family homes, that are all Intended to be owner-occupied three and four-bedroom single-family Affords b/e Housing Units. These are expected to be completed in the second half of 1994. At this time, Phases 2 end 3 ere intended for an addltlona135 single-family detached homes, including the existing home, with completion of Phase 2 in late 1994 to early 1995 and Phase 3 In the middle of 1995. This would total 59 single-family .. dwellings. ,., 4 · . '. ~.,.. .:.'... . ., . i::. : ~ . .~.. ..... . .' ;.s........ .. · ' C~~' / ". ., . ~ ,., ... .. ' . ., ...~., :,... ,. ..: ',. ~ . .. ' :~' .~. .. · ': ,c ; ....... .. , .. ,. ,,.. I .. ,..,, .~ ~ ~ : '; ° ' ~d~' .. \. ... ...~...,: .... ,. Affordable Housing ProJecta, such financing programs may possibly dictate, by ~'. the time of Phases 2 and 3, that the remaining construction be in the form of multi-family units. To allow for this possibility, the last 2 phases ITract are also permitted to be developed as two-family units, duplexes, or multi- family units [not exceeding 4 units per bu~dlng|. !f the site Is developed in this manner, there would be 24 single-family owner-occupled homes in Tract '. 56 rental apartments constructed In Tract 'B', and the existing home would be converted to one or more of the followfng uses: management olflce, recreation bulldlng, laundry end/or chlrd care center, This would result in e total of 80 .:,. unltl, ,.4 This Ordinance shatl be known and cited as the "Timber RIdge Planned Unit Development Ordinance', :.. SECTION II PROJECT DEVELOPMEN'~ REQUIREMENTS .~e purpose of lhls Sect!on Is ~o delineate and generally describe the project ~ plan of development, relationships to app~cable Coun~ ordinances, ~he respective land uses of the trscls Included in ~e project, as well as other '- project relationships. ' A. Regulations for development of ~mber Ridge shall be in accordance wl~h the contents of this document, PUD-Planned Unit Development District and other applicable sections and pa~s of the Collier County Land Development Code in effect at the time of bulldlng permit applicatlon. Where these regulations fell ~o provide developmental s~andards, ~hen the provisions of the most similar dls~rlct in the County Land Development Code shell appWy. B. Unless otherlee no~ed, the deflni~ions of all terms shall be ~e same as the deflnitlons set forth In the Col,let County Land Development Code in effect at the ~me of building permit application. C. All condlzlons Imposed and graphic materlal presented depicting restrictions for the development of ~mber RIdge shall become par of ~he regulations which govern the manner in which the PUD site may be developed. D. Un,ess specifically ~ived through any variance or ~Iver provisions from any other applicable regulations, the provisions of those regulations not otherlee provided for In ~his PUO remain In fu~l force and effect. E. Development permitted by ~he approval of ~h~s petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Pub,lc Facffitles, of ~he Coffier County Land Developmen~ Code at the earliest, or next, ~o occur of either Final Site Development Plan approval, Final Plat approval, or bulWdlng permit issuance applicable to this development. 4 72 ,, ! 2.3 DESCRIFTiON OF PROJECT PLAN AND PROPOSED LAND USES A. The prolect Master Plan, Including layout of streets and use of land for '~:' the various tracts, Is Iljustrated graphically by Exhibit "A", PUD Master Plan. There shall be two land use tracts, which Include necessary water management steal, street rights-of.way, the general conflguratlon of which Is shown on Exhibit "A". The tracts are approximately broken- down as follows {figures are rounded): Tyoe Units Acreeq{ i'~ Tract "A" Single-Family 24 2.8 Tract "B" Singre-Family 35 ~!, of or Duplex, Two-Family, :~ and Multi-Family 56, 7.3 Total Prolect (Maximuml 80 10.1 · Subject to Conditional Use Approval B. Areas iljustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow depressions for water detention purposes. Such areas, lakes and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Lake depth, slde slopes and planted littoral zone areas ere subject to modification in order to conform to local, state and federal wetland permitting conditions. MInor modification to all areas, lakes or other bounderlee may be permitted at the time of Preliminary Subdivision Plat or Site Development Ran approval, subject to the provisions of Section ~..7.3.5.6 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. in addition to the various areas and specific Items shown in Exhibit "A", easements such as (utility, private, seml-publlc, etc.) shall be established within or along the various tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES Intended is a maximum of 59 singre-family detached homes, The alternative, pursuant to Section 2.7.4 of the LDC, is 80 units with 24 single-family homes In Tract "A", 56 rental apartments In Tract "B", and the existing home converted from a residence. The gross project area Is 10.1 acres. The gross project density, therefore, wlll be a maximum of 5.84, or 7.92 units per acre, depending upon the final project construction. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS ·/' A. Prior to the recording of a Record Plat and/or Condomlnium Plat for or part of the PUD, if applicable, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to Insure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, If applicable, shell be submltted for the entire area covered by the PUD Master Plan. Any allvision of property and the development of the lend shall be in compliance with Dlvlslon 3.2, Subdlvlslons, of the Lend Development Code, end the platting laws of ::~: the State Of Florida. C. The provisions of Division 3.3, Site Development Plans, of the Lend Development Code, when applicable, shall apply to the development of ell platted tracts, or parcels of land as provided In sald Division 3.3 prior to the Issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural Improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL AND SALES FACILITIES Model homes/model home centers, including one sales center, shall be permitted In conjunction with the promotion of the development subject to the following: a. One "wet" end 2 "dry models" may be constructed prior to recording of any plat. Location Is limited to future, platted single-family lots, All models must be applied for by project owner. b. The models permitted as 'dry models' must obtain a condltlonal certificate of occupancy for model purposes only. The "wet" model may not be occupied until e permanent certificate of occupancy is Issued. c. The model ('wet model") utlIIzed as 'sales offices" must obtain approval by and through the Site Development Plan (SDP} process. The SDP process shall not be required for "dry models" pursuant to this section. ,oo, 065 474 8 . .~!! ~ - ... ..:.:;, :'. ,.. .. ....~ d. Prior to recorded plats, metes and bounds legal descrlp~lons shall be provided to end accepted by Collier Coun~ as sufficient for building permit Issuance, Said metes and bounds legal descriptions must meeE proposed plat configurations and ell models construcEed pursuant hereto shall conform to applicable minimum square footages, seffiecks, end the llke as set forth hereln. e. Pedestrian access shell be provided to each "dry model' from lhe "'wet model". Access to the "wet model' shell be provided by e paved road or temporary driveway. f. Sales, marketing, adm{nis~radve, and offier ~unc~lons as perm~ed within ~his PUD Documen~ ere permitted wi:h}n s~ch 'we~ model'. . g. The "we~ model" may be se~ed by a Tempora~ u~iflty system subject .~. to the approval of the Collier CounW Publlc Health Unl~ and the !mmokalee Water~ewer District; uldmate connection shall be ~o the central system, h. interior fire pro~ectlon facill~ies In accordance with NFPA requirements are required unless · permanent ~fer system is available. A water management plan muse be provided which 8ccommodalel the runoff from ~e mdel home, parking, access road/drlve~y and other impe~ious area. I. ~e system shall be designed end consEruc~ed so ~hat i~ Is in~egrated wl~h ~he master system for the entire devefopment. 2.7 AMENDME~S TO PUD DOCUME~ OR PUD MASTER PLAN Amendments may be made to ~e PUD es provided In Section 2,7,3,5 of zhe Land Development Code, 2.8 PROVISION FOR OFF-SITE REMOVAL OF EA~HEN MATERIAL The excavation of eaRhen material and I~s s~ock piling in preparation of wa~er management faclli~ies or fo offierwise davetop water bodies may be allowed subject to review and approval in accordance with Division 3.5 of the Land Development Code. If there is a surplus of earthen material after consideration of fill activities on those buildable portions of the proJec~ site, then Its off-site disposal also may be allowed subjec~ to review and approval in accordance wi~h Division 3.5 of lhe Land Development Code subJec~ ~o the following conditions: 9 ~ 1. Excavation ect/vltles shaft comply with the definition of a 'development ':*': excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total calculated excavated volume to a maximum of 20,000 cubic yards, :, 2. All other provisions of Dlvls|on 3.5, Excavation, of the Land Development Code ere applicable. 476 ', .' ' .... ., .: ,..-;, . ..:.; ..,,.,;,:.;.,.,:,. "~' ' · · .",: - ...,. · ,, ~. · . ,}.;- ,, ·. . . :,'., ? ;:,' **.../, : .;: .. . · ',,. . ',~ :.. · ,, . ...; ..... ... ,' ...;~.. ..... ! ' SECTION III LOW DENSITY RESIDENTIAL GUIDELINES 3.1 PURPOSE The purpose of this Section Is to Identify specific development standards for areas designated on Exhlbll "A' as Tract *A' Low Density Residential, Tract 'A' is Intended to be developed under a Common Architectural Theme as noted in Section 2.6.27.4.6 of the LDC. 3.2 MAXIMUM DWELLING UNITS ' The maximum number of dwelling units within Tract *A* shall be twenty-four ',-, {24) units. 3.3 No bulldlng or structure or part thereof, shall be erected, altered or used, or land used, In whole or part, for other then the following: A. Princioal Uses: .~-,, i (1 } Single-family structures. (2) The exlstlng bern shown on Exhibit 'C" Boundary Survey shall be considered e principal structure until such time as houses ere constructed on the lots where the structure currently exists. During the Interim, such barn may be used for the temporary storage, repair end maintenance of on-site construction equipment/vehicles. B, Accessory Uies: (1)Customary accessory uses and structures Including, but not fimited to: carports, garages, utility buildings, and satellite dishes. (2) Child care faclfitles. 3.4 DEVELOPMENT STANDARDS A. General: All criteria listed below shall be understood to be in relation to respective individual lot lines or between buildings. .o, 065 477 11 : ; .... . .... · . .....,. ,,- , .: i ?~ ~. 8, Mlnlmum Lot Area: ' Four thousand five hundred (4,500) square feet. ::~' C. Minimum Lot ~dth: '; {1) ~f~-five (35) feet for cul-de-sac lots, (2) Fob-five (45) feet for Interior lots, (3) ~fW-~ve (55) feet for corner lots, '~ ~ ~, Minimum (1) Principal structures: Is) Front Yards - Twenty (20) feet, ../" (b) Side Yards - ~ve (SJ feet for one (1)-sto~ structures and s~en end one-half (7,5) feet for ~ (2)-sTo~ statures. (c) ~ear Yards - ~fteen (15) feet, (d) ~e existing barn shall not be required to meet minimum ~.. yards ~ife it exists on an interim basis, (2) Accesso~ Stru~ures: (a) Setbacks shall be as required by Division 2,6,2 of the Land Development Code in effect at time of building permit application. E. MInimum ~oor Area; :~. (1) Eight hundred fifW (850) square feet for the principal stru~ure, F. Maximum Helaht: (1) For principal structures, thi~y ~30) feet or TwO (2} stories above The minimum base flood elevation. 065 478 (2}For accessory structures, twenty (20| feet 8hove the minimum base flood elevation. (3) For fences end walls, six (6} feet above the existing grade or where the fence or well would be located over an existing grade that Is depressed, such as 8 swale, the fence or wall height shall be measured from the typical existlng elevation of nearby non- depressed 18rid. G. Off-Street Parklno end Loadino Reaulrements:' ~"' '- As required by Dlvlslon 2.3 of the Land Development Code In effect at ~:. the time of building permit application. H. Landsceoin0 and Bufferln_a Reauirements: As required In D!vislon 2.4 of the Land Development Code, except that Buffer "D" shall not be required 8long Eden Avenue nor Plum Street, as long as two {2} additional, eight {8} feet high shade trees that are at least one and one-half (1.5) Inches callper st twelve {12} Inches above the ground with · three {3} foot spread, are planted on each residential lot along Eden Avenue and Plum Street. These two {2l 8ddltional trees 8re exclusive of any other trees required by the Land Development Code, or other Collier County Ordinances. Furthermore, no buffer Is required along the thirty {30} feet drainage easement. · 13 SECTION IV MEDIUM DENSITY RESIDENTIAL GUIDELINES 4.1 The purpose of thi~ Section is to identify specific development standards for areas designated on Exhibit 'A" as Tract "B" Medium Density Residential. All of Tract "B" Is Intended to be developed under a Common Architectural Theme as defined in Sectlon 2.6.27.4.6 of the LDC. 4.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units within Tract "B" Medium Density Residential shall be thirty-five (35) units if single-family structures are constructed, or after approval pursuant to the provisions of Section 2.7.4 of the LDC, fifty-six (56) units for all other types of residential structures. If a mixture of slngle-famlly end other types of residential structures are constructed, then the density shall be prorated between the single-family component and the multi-family component of the project based on the acreage designated for each component. 4.3 No building or structure or part thereof, shall be erected, altered or used, or land used, In whole or part, for other than the following: A. Prlncioal Uses: ( 1 ) Single-family structures. (2) Child care facillty (limited to children who ere residents of or who have et least one parent residing In this project or pro]acts under the same non-profit ownership/management). (3) Recreatlonlmanagement/laundry facility for on-site residents and activitles only. (4) The existing house as shown on Exhibit "C" Boundary Survey may be used for a temporary sates office, contractor's or builder's office, and/or caretaker's residence until such time as the project is built-out or three (3) years from the initiation of such use, whlch.qver is earliest. .. 065,', :480 14 ~::j~: ' -B. AccessoN Uses: {1) Customary accessory uses end structures including, but not limited to: carports, garages, utlTlty buildings, and satellite dishes. ! ' (2) Recreational uses and facilities such as swimming pools, tennis courts, chlldren'e playground areas, and basketball/shuffle board courts. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. (3| Child care facilities, :. ;.. C. Conditional Uses: : ( 1 ) Duplex structures. ',: (2) Two-family structures. ~;: (31 Multi-family structures (not exceeding four (4| units per building). 4.4 DEVELOPMENT STANDARDS A. ~ All crlterla listed below shall be understood to be In relation to respective Individual parcels. All single-family structures shall be develope~l under the Development Standards for lots within Tract "A" '. ,:' and as set forth In Subsection 3.4 hereIn. B. Minimum Lot Area: Three thousand five hundred (3,500| square feet per dwelling unit. :~, ' C. Minimum Lot Width: :': (1) Third/(30) feet for two-family structures, and forty (40) feet for all other etructures on cul-de-sac lots. (2)Forty (40) feet for two-family structures, and fifty (50) feet for all other structures on Interior lots. (3) Fifty (50) feet for two-family structures, and sixty (60) feet for all other structures on corner lots. ' ,-, -: . J .. i"'. ...: ,~. :7 ' ' ,, D. Minimum Yards: ~.,~ (1) Principal structures: ~. [el Front Yards - Twenty (20l feet for structures that front on e publlo, or prlvate street, rights-of-ways, (hi Front setbacks from the edge of e perking facility shall be ten [10) feet, This shell not prohlblt the attachment of enclosed perking structures to the principal residential Itructures. ':!. (c) Side Yards - Rye (5) feet for one (l)-sto~y, and seven and one-half (7.5) feet for two (2)-story, single-family ': structures, duplexes and two (21-family structures. Seven and one-half 17.5) feet for one (1)-story, and ten (10) feet for two (2)-story, three (3) and four {4) unit structures. (d) Setbacks between principal structures shall be fifteen (15) feet, or one-half (1/2) the sum of their heights, whichever is greater, (el Rear Yards - Rfteen (15) feet for single-family structures, duplexes end two (2)-femiW structures, and twenty (20} feet for multi-family structures, (2) Accessory Structures: {el Carports located on an access driveway shall have no minimum required setback from the edge of such access driveway. (b} Other setbacks shall be as required by Dlvlsion 2,6.2 of the Land Development Code in effect at time of building permit application. E, Minimum Root Area: (1| Five hundred {500} square feet for one (1) bedroom dwelling units, ~:,!: (2} Seven hundred (700) square feet for two 12l bedroom dwelling ~..~, unitl;. ,o. 065-,:482 {3) Nine hundred {900) square feet for three (3} and four (4} bedroom ..~' dwelilng units, F, Maximum Height: -;;. (1) For principal structures, thirty {30) feet, or two [2) stories above /;./ the minimum base flood elevation. {2) For accessory structures, twenty 120) feet above the minimum : base flood elevation. {3) For fences end walls, six (6l feet above The existing grade or where the fence or wall would be located over an existing grade that Is depressed, such as a swale, the fence or wall height shall be measured from the Typical existing elevation of nearby non- depressed land. G. Off-Street Parkino end Loadin_a Raaulrements: As required by DIvision 2.3 of the Land Development Code in effect at the time of building permit application. H. Landscaoln_o and Bufferin_o Reauirements: As required in DIvision 2.4 of the Land Development Code {no buffer Is required along the thirty {30) teat dralnoge easement). .. U65,, 483 17 ,. ;.../ .... ,.~ ,. . ./ · .~.. . '/.. . ; ...... ': -...,....., · . : ~ ....· . . . .: -... ;.: :..:'!: ~j:: ..'. :!, .:.. ~: , · . ,,, .. ,. . ~t ,, ,, · -'~'.'. ..~ SECTION V " DEVELOPMENT COMMITMENTS The purpose of this Section Is to sat forth the regulations for the development [., of this project. 5.2 GENERAL All factlltles shall be constructed in strict accordance with Rnal SIte Development Plans, FInal Subdlvlsion Plans and all apprlcable State and local laws, codes, and regulations applicable to this PUD In effect el the time of the appropriate approval as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to thls proiect even If the land within the PUD Is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined In this document. The developer, hls successor or assignee shall agree to folrow the PUD Master Plan and the regulations of this PUD as adopted end any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey t~} any successor or assignee In title any commitments within thls agreement. 5.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan Iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other Instruments shall be granted to Insure the continued operation and maintenance of all service utilities and all common areas tn the project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A SIte Development Plan shall b~ submitted per County regulations in effect at time of site plan submittal, The project is proposed to be completed In three (3) phases. A.The landowners ihall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. B. Monitorin0 Report: An annual monltorlng report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 5.5 TRANSPORTATION A. Driveways extendlhg from corner lots shall be located five (5I feet from the abutting property line with the second lot from the corner. No driveway shall open directly onto Carson Road. B. Roadway pavement widths shell be Increased to twenty-four {24} feet for Eden Avenue and twenty {20) feet for Rum Street by the developer to meet current County standards {curbs and gutters not required}, including easement dedications, If necessary. Upgrading of Plum Street shall include sidewalksfolks paths In accordance with the Collier County Land Development Code. SFdewelks shall be provided along both existing roadways, on e lot by lot basis, prror to any Certificates of Occupancy being Issued on Such lots. Furthermore, no more than 50% of the lots in each phase may be built upon prior to completion of Infrastructural Improvements In such phase, including roadways and pavements but excluding sidewalks. Within sixty (60} days of request from Collier County, the developer, or property owners, shall provide a non-exclusive, permanent easement up to five (5} feet in width for right- of-way, drainage, utility and maintenance purposes to Collier County, · political subdlvislon of the State of Florida, which shall be free of all liens and encumbrances. C. Arterial level street fighting shall be installed by the developer at the intersection of any new street and Carson Road. in addition, street lighting shall be installed by the developer at the intersection of Plum Street and Eden Avenue. ~' D. The developer, or the property owners, shall be responsible for a fair share contribution to any traffic slgnallzatlon or Intersection Improvements deemed necessary by the County for the Intersection of Carson Road and Lake Trafford Road end the Intersection of Carson Road and Westclox Road. Any such signals shall be owned, operated, and ~,~ maintained by Collier County. E. If the development drainage outfalls Into the roadway drainage system, sufficient capacity Improvements within the public roadway system shall be completed by the developer so as not to further compound overall drainage conditions In the area nor to cause additional drainage problems. ': F. Impact fees shall be paid In accordance with the applicable Collier County Ordinances.unless otherwise approved by the Collier County Board of County Commissioners. G. Carson Road Is functioning as a collector roadway since the opening of the Westclox Road Extension. If Collier County determines that operational conditions, as evidenced by traffic count data, Indicate that left and right turn lanes are necessary at the Intersections of Carson Road and the two proposed streets {or access points, In the case of a multi-family development) and at either or both Carson Road and Lake Trafford Road or Carson Road end Westclox Road, the developer, or property owners, shall be responslble for the total cost of such turn lanes 8t its entrances and for a proportionate fair share of turn lanes at the other Iocotlons. Collier County shall be the contractor for these items except for turn lanes into the project that have been determined to be necessary prior to Preliminary Subdivision Plat approval or Final Site Development Plan approval, whichever Is appllcable. H. The sidewalk/bike path along Carson Road shall be upgraded to a full six (6} foot width to accommodate children traveling to and from school. If necessary, the developer shall grant an easement along Its frontage to provide for such upgrade. Within sixty (60} days of request from Collier County, the developer, or property owners, shall provide a non-exclusive, permanent easement up to six (6} feet in width for right-of-way, drainage, utility and maintenance purposes to Collier County, a political subdivision of the State of norIda, which shall be free of all liens and encumbrances. 486 5.6 WATER MANAGEMENTENGINEERING A. Design and construction of all improvements shall be subject to compliance wlth the appropriate provisions of Division 3.2 of the Collier County Land Development Code. B. This project shaft be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. C. In accordance with the rules of the South Florida Water Management DIstrict {SFWMD} Chapters 40E-4 end 40E-40, this project shell be designed for a storm event of 3-day duration and 25-year return frequency. 5.7 ~; ,. :! ! A. All off-site flow collection end routing facilities shall be reviewed and : approved by Collier County Project Plan Review prior to final subdivision plat and plans approval. B. Availability letters end construction plan approval from the Immokalee Water/Sewer District shall be provided prior to final subdivision plat and plans approval. 5.8 ENVIRONMENTAL A. This project shall comply with all environmental eectlons of the Colfter County Land Development Code and Coillet County Growth Management Plan - Conservation and Coastal Management Element at the time of final development order approval. B. This project Is located within Collier County Groundwater Protection Zone No. I and shall comply with the appropriate eectlons of the Groundwater Protection Ordinance No, 91-103 8t the time of final development order approval. 5.9 FIRE PROTECTION A. Fire hydrants shall be provided In accordance with NFPA 1141 and the Collier County Land Development Code. ,oo e65,, :487 B. Streets end cul-de-sscs shell be provided in accordance with NFPA 1141. 5.10 AFFORDABLE HOUSING AGREEMENT A. The Timber RIdge project shall be operated in accordance with the terms of an executed Affordable Housing Agreement between the project owner end the Collier County Board of County Commissioners. .o,c I ' .r~ North 2celes 1 inch m 2/3 mile Lake TreEford Rd. IHNOKALEE SubJect Site .. t.'. """ " ;....' .. ~. .:, ' ~'.j ".i ;.. ~ ~. ...~ ~.'; : ... . . . .: .~, ,~ .~...,..c'. ."': .....:' ': . . :.. .. ,- .... ~.,~... ....'...: '~ i:....-4....y-.- ... ... ~. ,...'.=. · -"..,.i..!',~'.' - ..- ... .. · -.. ~ .... .:. . .~;' Norl:,h ~cales I inch , 2/3 mile ,~? grr .~ [*ubltc Services pOs~ · .. 1 Tony Roebough P .:- 2 Lake Trafford 3 Zmsokilee Middle ~. ' 4 Zsssokalse High ~chool 5 Zmmokalee Yol. Fire 6 Eberif£*e Subetation 7 Lib~sry " · , · 8 Health Center .'~.~* 9 EmergeacT Medical Station !~' 10 8hertff'e 8~atton ~ She in Sen eem [] n-Dixie1 ) .*~, Engls PLaza , ~:,~ ~ 2 S~a~e Farmers' rarke~ Lake Trar-~ord Rdo Subject, lake l~i ~e W, Hain ,o, I]65..~495 DENSITY BO~S ~D IMPOSIN~ COVHANT8 AND RES~I~IONS ON R~L PROP~TY ~IS ~ iS ma~e as of the ]~ . day of ~, 199~, ~ and be~ee~ r~okalee Non-~ro~i~ ~ousin~. Zn~. ~ t~s duly undersi~ed o~ficer (hereinafter the "Developer") and the Collier C~nty Board of C~nty C~lestoners (herelnar~er the .-* w~isstonw) ~. ~e Devel~e~ ~e a ~ra~ of real ~e~y re~ordsd tn Pla~ Book S. Pa~e ~. COllier County. Florida (hareinafte: the w~e~y"). ~e legal and e~t~able ~ers in~lude: T~o~al~e Non-~[~ ~s~n~. T,~.. R~n~ Carl Euehner 2449 ~ndere Pines ~tTcle. I~okalee. Florida 3~934 B. I~ is the Devel~er's ~n~ent to const~ a maxim of ~t~htv ~80} residential ~its {heretnafter the "Units") density of ~ units per gosm m~m on ~e ~e~y. gose a~eage of ~ope~y is ~. ~a n~er affordable ~ ~tts ~st~ed ~ D~el~er shall f~[tv-st~ {~6~, ra~esenttng saven~ rT0~ paroan~ of ~a total n~r of rasiden~lml ~l~s tn the davml~en~. twe~tv-[ouT {24~ ~s wt~l ~ ~er-o~o~ed Units ~h~ch shall ba aDUrovad and o~emed ~ a seoars~e. ~ e~an~on. a[[~dable ~sing Density Bonus C. In order to ~onst~ the Units, ~ha Developer obtain a density ~nus fr~ the Cmissi~ for the ~opa~y as provided for in ~e Collie= C~n~y Affordable ~stng ~enst~y Bonus ~dinanue No. 90-89, ~l~h density ~s ~an only be gan~ad ~ the C~sston In a~danca wl~ the strl~ limitations of said ~dinanoe. D. ~a C~ission ~s willing to gan~ a density ~nus the Developer authorizing the constmction of t~entv ~201 ~nus Units on the ~ope~y, if the Developer ageas ~o affordable Units as ;tilted In this X~enent and the Dweller c~enants and a~eas to use the affordable units only as renal I~ ~~, in consideration o~ the a~l and ~anting o~ ~e density ~s of ~o f2~ ~lts per a~e re~ested Developer and the halfits con~e~ed there~ on the Prope~y, and for o~ar go~ and nluabls consideration, the receipt and suf~tcien~ o~ ~tch are here~ ackn~ledged, the Developer and the C~isst~ here~ c.snant and a~ee as foll~sx 1. $eeitals, ~e a~s reei~ls are t~e and co~e~ and are lacerated heroin ~'re~erence. 2. Developl~ X~laln~l. ~e D~lloper here~ a~les that it shall c~st~ ~ to fifty-six f561 rental a~ordable ~lch ~l~ shall ~ rented In accordance v~th the te~s and conditions o~ ~ls ~e~ent and as specified ~ ~e attached A~endlx A, ~tbtt X and ~lblt B, ~tch Xppendlx tnco~crated ~ re~erence hceln and constitutes a pa~ o~ this A~eaent. ~lts at the ~e~y which aro ~o~ an affordable Unit (~ket-hte ~bw) shall ~ exit fr~ ~e this Ageaent and may ~ leased or rented ~ the ~eveloper on te~s and cond~t~ons acc~able to the D~el~er In its sole d~s~et~on. W~n fo~y-f~ve (4S) days fr~ ~e date tha~ notice is received fr~ ~e C~ss~on, the D~eloper shall provide on-s~te management to as~re appropriate se~rity, maintenance and appearance of the daysilent and the dwelling units. a. ~e' foll~n~ pr~s~ons shall be applicable ~e affordable ~1) Delhifloes. ~y a.d all definitions provided ~ ~d~nance No. 90-89, as amended, are here~ inco~oraCed ~ reference. Phasing shall mean (a} the phased const~on of ~lldtngs or stmct,jres In separate and d~sttn~ stages as sh~ on n ~ ~ster plan, su~vts~on ~sCer plan or site developeat ,oo, 497 " plan; or {b) In d~el~en~s ~are phased c~st~lon is not d~t~ed on a ~ ~lter plan, su~tvlston mas~er plan or deval~ent plan, the const~ction o~ h~ldings or statures a clearly defined series o~ starts and ~nishes that are separate and d~sttn~ v~th[n the developant, (2) Bass ~snt. ~0 monthly bass rent ~or the aft~dable Units shall be in accordance with the rents specified in the attached A~endlx A, ~tbtt ~. ~e rent ma~ be tn~eased each year ~r~ the date o~ this ~eemen~ so long as the ren~ does not exceed one-twelfth (1}12} o~ 30 percent of an am~n~ ~lch represents f~fty (50} percent (for ve~ 1~ ~nc~e), or eight (S0} percent {for 1~ lnc~e) of the then applicable median adjusted ~olm annual ~nc~s for the household as ~bllshed annually ~ ~e g.2. Depa~en~ of H~lln9 and ~ban Developeat for the area defined as the Naples Hetropolltan Statistical (HSA). ~a ~oregoing notwithstanding, any rent charged ~or an a~ordable housing unit ranted to a 1~ $nccme or va~ low income ~am~ly shall not exceed ninety (90) percent of the ren~ charged for a c~arable ~rket rate dwelling In ~e same ~ s~m~lar developeat. (3) Median/nc~e. For the ~oses of th~s Ageuser, the median ~nc~e of the area as defined ~ the U.S. Depament of Rousing and Urban Developeat {~) shall be the then ~ent median ~nc~e for the Naples Metr~ol~tan Statistical ~ea, established per1~cally ~ ~ and published in ~he Federal Register, as adjusted for family s~ze as sh~ on the Ubles attached hereto as Appendix A, Exhibit C, which M~b~t shall h adjusted fr~ t~me to t~me In accordance w~th any adjusteats that are authorized ~ ~ or any successor agent. In the event ~at ~ 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 tnc~e. (4) Zlig~llitT and ~lificat~on of TenseS. ~1~4BE31 ot an a~liutton ~ a ~ospe~tve tenant; 2} fantZy tnc~e7 an~ 3) exertion ot an tnc~e ce~tflca~lon ~on, Al1 t~ee steps shall be acc~pltshe~ p=lo= to a tenant being ~all~le4 as an eZtglble family to Fent and oc~ an a~ordable h~stng unit ~an~ to the at~dabZe ~an, ~o pFson shaZl ~ an a~oFdabZe h~stng pr~tded under the affordable h~sing density ~nus pro~am prior to beln~ ~alifled at ~e a~roprlate level c~ inc.e (1~ or ve~ 1~ inc~e) in acc~ancs Mi~h this ~e Developer shall ~ responsible for ~all~ylnq tenants ecce~lnq a~llcations fr~ tenants, verifytn~ lnc~e and oRalnln~ lnc~e ce~lflcatlon for all affordable unles In the ~b~e~ d~el~ent. All a~licatlons, fo~s and other dmen~tlon retired ~ this A~enent shall be pr~tded to the R~stng and ~ban Z~r~ent Dlre~or. ~alt~lcatlon ~ the Developer of any tenant as an eligible tenant ~amlly shall be subject to revtev and a~r~l In accordance vl~ ~e monitoring and enforcement priam ~eated and ad~ted ~ Resolution o~ the C~lsslon. (I} JpplJeat~on. A ~tentlal tenant shall apply to the derelict, ~er, ~naqer, or s~en~ to ~alt~y as a lw or vs~ 1~ lnc~e family ~or the pu~se of renting and oc~pylng an affordable houslng rental unit ~rsuant to the affordable housing density ~nus priam. ~e Prel~mina~ Application for Affordable R~sing ~lt shall ~ provided ~ the H~sing and Urban' Implement Director as sh~ In A~endix B, Mibit A, attached to ~his A~e~ent end i~co~orated reference herein. (b) ln8~e Verification and Ce~lfieatlon. No affordable housing Unit in the development shall be rented to a tenant whose household income has not been verified and ce~f~ed in accordance with this Agreement and ~dinance No. 90-89, as amended, as a 1~ or ve~ low lncue family. Tenant -4 - 865 4 income vsrltication and certification shall be repeated annually to assure coatArmed eligibility. (c) Xacons Verification. The Developer shall obtain written verification from the potential occupant (including the entire hcusehold) to verify all regular sources of income (including the entire household). The ~ost recent year's federal income tax return for ~he potential occupants (including ~he entire household) may be used for the purpose of income verificaticu, if attached to the Affordable Housing Applicant Xncoms Verification form, which includes a statement to release information~ tenant verification of the return, and a signature bXock with the date of application. The verification shall be valid for up to ninety (90) days prior to occupancy. Upon expiration of the 90 day period, the information may be verbally updated from the original sources for an additional 30 days~ provided it has been documented by the person preparing the original verification. After this time, a new verification form ~ust be completed. The Affordable Rousing Applicant Xncoms Verification form shall be provided by the Housing and Urban rmprovsmsnt Director as shorn An Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Xaaose Csr~ification. Upon receipt of ~he Preliminary Application for Affordable Housing Unit and Affordable Housing ~pplicant 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 of the affordable housing unit by ~he tenant. Xncome certification shall assure that the potential occupant has a 1~ or very lo~ household income which qualifies the potential occupant as an eligible family to rent and occupy an affordable housing unit under the affordable housing density beaus program. The Affordable Housing Applicant xncome Certification form shall be provided by the Housing and Urban X~provement Director as shown in Appendix B~ · x~ibit C, attached to this Agreement and incorporated by reference hernia. (e) Rental XgTeement. At a minimum, the renal a~eaen~ shall include the (i) name, address, and ~elephono n~er o~ the head h~sehold an~ all o~her (ii) a des~ip~io. o~ ~e uni~ ~o ~ (iii) the tem o~ the leaner (iv) the rental amount7 (v) the use o~ the premises; c n~ c provisions, l~cl~din~ (vii) the rights and obligations of the parties. ~nd~ inspenmen o~ ~lles containing retired do~enta- tier to veri~y oc~pan~ An accordance with this A~eemen~ and ~dinance No. 90-89, as amended, may be conduPed ~ ~be Housing and ~ban Z~r~nent Dire~or. (5) Dis~alification o~ Tenant. In the event that tenant ~ali~icatlon is not subsetearly confined ~ the H~sinq and Urban l~r~ent Dire~or or his desires, then such tenant shall be retired to vacate the aZZordable unit. tenant vacation o~ ~e a~ordable unit is the result o~ an mission or misrepresenttieR made ~ Developer, tenant shall vacate the affordable unit vAthim thi~y (30) days and Developer shall pay penalties as pr~ided ~ the monitoring and anforcemen~ priam, If tenant vacation o~ the afZordabll unit is the result of a misrepresentation made ~ the tenant~ tenant shall vacate ~a a~ordable unit vl~in 15 days and shall pay penalties as provided ~ the monitoring and snZorcement priam. Such avantuality shall ~ e~ressly detailed in the lease a~eement between Developer and (6) ~nual ~rogress and Xonieoring Report. Developer shall provide the Rousin~ and ~ban X~r~ement Director an annual pr~esE and monit~Ang repo~ regarding the delive~ o~ affordable housing rental units thr~gh~t the peri~ oZ their constm~io~, rental and oc~pan~. ~e annual pr~ess and monitoring re~ shall, at a minion, proida any intoma- rion reasonably retired to insure c~lianca with ~dinance No. RENTJ~, 90-89 ~ ~Ee~en~ amendmen~E thereto. ~e ~epo~ ~lsd on or ~ors ~sp~sm~r 20 o~ each year and the rspo~ shall h su~l~ted ~ the DsvsZ~er ~o the H~sing and Urban Z~s- sen~ Dirs~or. Failure ~o c~plets and ~it the monitoring re~ ~o ~hs H~sing and ~ban Z~r~nsn~ Dlrs~ vi~ln si~y (60) ~ys Zr~ ~s due da~s shall rs~Z~ in a penalty fifty dollars (~50.00) par day unless a ~i~sn e~ansion no~ exceed thi~y (30) days is rs~estsd prior ~o s~iration o~ the slay (60) day ~ission deadline. No mors than one such s~snsion say ~ ~antsd in s single year. ~s pr~sss and sonit~ing r~o~ shall ~ In a to~ ~ovidsd ~ the H~sing and Urban Z~r~sn~ Dlre~or. (7) Oa~an~ Rsstr/ations. ~o Affordable Unl~ in any ~ildin~ or s~urs on ~hs ~ope~y shall be octpied · hs D~sloper, any person rsla~ed ~o or af~llia~sd vi~h ~hs Dsvslopsr~ or ~ a rssidsn~ manager. 3. Density ~onus. ~s C~iss~on hsrs~ ackn~lsdges ~ha~ ~he Developer has ms~ all retired conditions ~o ~alify rot a dens~y ~nus, in addition ~o ~hs bass residential dsns~y six [~ Units per a~s, and Is ~hersZors granted a density ~nus or ~wo [2} dsns~ ~nus ~i~s ~r a~s~ rot a ~o~al (~o~al - density ~nus Units per a~s X ~oss acreage) of twenty density ~nus ~its, ~r~ant to Collier C~nty Aff~aable H~sing Density Bonus ~dinance No. 90-89. ~e Cm~lsion fu~her ageel that the Developer may conerect thereon, In the aggregate a maxi~m n~r of ~ units off the ~ope~y provided the Devel'0per Is able ~0 se~re ~ld~ng petit(s) fr~ Collier C~nty. Develo~eT wi~l ~ild u~ to ~V~=~T ~er-oc~Died afroTdable ~lts in phase I and (561 rental affordable Units in subseteat phases. 4. Cou~llion Xgeemen~. bring the te~ of this Ageemen~, the C~ssion ac~ing through the Housing and Urban Improvemen~ Depa~.ment or ~ts successor(s) covenants and agees to prepare and =ak= available ~o the Devel~er any general information that It possesses regarding income limitations and restrictions vhich are a~licable to the a~tordable 5. Violations anti ~or~ent a. Violations. I~ shall be a violation oZ this X~eement and the Collier County XrEordable Housing Density Bonus ~d~nance to rent, sell or ~, or att~ ~o rent, sell or ~, an a~ordabls h~sin~ Unit provided under the a~rordable h~sin~ densl~ ~nus priam except as specifically petitted ~s ~e~s of this X~e~enty or to kn~in~ly ~lve false or misleadin~ in~o~tion vith respe~ to an~ ln~o~ation retired or re~ested ~ the H~sing and Urban I~rovement Director or an~ o~hsr persons ~rsuant to the authority vhich is delegated to thn ~ the ~dinance. Collier C~nt~ or l~s ~esl~es shall have ~ull p~er to enZorce the te~s oZ this A~eement. ~e meth~ o~ enZorcsmsnt rot a ~each or violation or this X~eemen~ shall ~ at the option o~ ~e C~ission ~ ~iminal enforcement pursuant to the pr~lsions o~ Section 125.69, Florida Statutes, or ~ civil enrorcemen~ as allied ~ lay. b. Notlee oZ Violation ~or Code ~Zor~emsnt Board · roosedings. ~en~er it is dste~lned tha~ there is a violation oZ this ~eement that sh~ld ~ enforced ~ore the ~Zorcnent Board, then a Notice o~ Violation shall ~ issued and sent ~ the Housing and ~ban Improvement D~rsctor ~ retun-recsipt re~estsd U.S. ~ail, or hand-dslive~ to the person or developer in violation oE the Ordinance. ~s Notice oZ Violation shall ~' In nixing, shall ~ signed and dated ~ the H~sing and ~n Z~r~nen~ Dlre~or or ~ch o~er C~nty personnel as ~y ~ authorized ~ the Board or C~nty Conissioners, shall speciZy the violat~on or violations, shall state that said violat~ons(s) shall be co~ec~ed vithin ten ~10) da~s o~ the date o~ the Notice oE V~olation, and shall s~ats that if said v~olation(s) is/are no~ corrected ~ the spec~Zied date in the Notice oZ Vl~lation, ~e Housing and ~n I~r~nent Director shall issue a citation vhich shall state the date and time o~ issuance, name and address o~ the person in violation, da~s oZ ~he violation, Ssc~cion o! ~ls ~ssmsn~ or o~ ~dinancs No, 90-S~ or ~bs~sn~ amsn~an~s ~ers~o v~o~a~ed~ name oZ the R~sing and ~ban D~sl~sn~ Dirs~or~ and da~s and time ~ vioZat~ shall a~tar h~e the C~e ~orcemen~ Board, c, cs~ifictts of OceanS, In ~hs sven~ tha~ the Dsvel~sr ~aiZs ~o ~in~ain ~ha a~ordabla units in accordance vi~h this ~snent or wl~h ~dinance Ho, 90-89~ as amended~ a~ ~ ~ion ot the Cmission~ hildlnV petite or cs~lrieatss ~psn~ as s~llesbls~ say be vithhsld for shy future planned or oths~lss a~td uni~ located or to bs located upon the ~s~ until ~s theirs ~oJs~ is In full c~1iancs v~h this ~sRsn~ and vith ~dinancs No, 90-89, as amended, 6, ~si~tn~ ~ dinlesion, ~e C~ission may assi~ all or pa~ o~ i~s obligations under ~his X~anen~ to any o~har ~bZic agan~ having ~urisdl~ion ~sr ~he ~opa~y provided i~ gives the Dsvel~er ~hl~y (30} days advance ~lt~sn no~ict therso~, ~s Developer may no~ assl~ delegate or o~hs~lss ~ransrsr all or pa~ o~ its duties, obligations, or praises ~dsr ~is ~snsn~ to any ~ccessor In in~srss~ to ~hs ~t~y vi~hou~ ~s e~sss ~i~sn conssn~ oZ ~he Co~lssion~ ~lch consan~ may h vi~sZd rot any reason ~a~sosver, Any attemp~ to assi~ the dutlss~ obligations, or praises under ~h~s A~snent to any ~ccsssor in lntsrss~ ~o the ~ops~y the s~rsss ~itttn conssn~ of the Cmission as retired ~ this Ss~ion shal~ be vbid ab ini~io, 7, Ifftr~ili~y, IZ any stc~ion~ phrast~ sentence or ~rtion or this A~ssssn~ Is ~or any reason held invalid or uncons~u~ional ~ any cou~ or co~stsn~ Jurisdt~ion~ potion shall be deemed a separate, dis~lnc~ and ~ndependsn~ provision~ and all o~har provisions shall remain e~ec~lvs and b~nd~ng on ~a pa~las, S, lotlee, ~ no~ices desired or retired ~o h given under ~his Agreement shaXl ~ Ln ~Ln~ and sha~ sl~hsr ~s ~rsona~y ds~iversd or shaX~ ~ ssn~ ~ nal~ pos~n~s ~ ~e patios a~ ~hs fo~l~in~ addrsssesx To ~e C~issionx H~sin~ ~ ~ban ~r~enen~ Dope. 30~0 M. Horseshoe Dr. ~ Su~e ~8 Naplest Fluids 33942 To ~he D,e~erz ~>' Any par~y may change the address to vhlch notlees are Co be sent · by notifying the other party of suoh hey address in the manner '~ set forth above. ::" 9. Authority to Xonitor. The parties hersto aoknovlsdgs that the Dirsc~cor of Collier County Rousing and Urban Zmprovsment or his dssignee shall hays ~he authority to monitor and enforce Developarts obligations hereunder. lO. ladsunify. The Developer hereby 8grass to protect, defend, indemnify and hold Collier County and its o~£icers, smploysss~ and a~snts hareless from and against any and all alaims~ penalties, damagss~ losses and expenses# professional fees, ~noZuding, vithout Zisitation, reasonable attornsyts fees and all costs of ~ltlgation and Judgments arising out of any olaim, villful misoonduc~ or negligen~ act, error or omission~ or liability of any kind made by Developer, its agents or employees, arising out of or inaidsntal to the performance of this - Agreement. II. CovenantS. The Developer agrees that all of its obligations hersunder shall constitute covenants, rsstric~cions, and oonditions vhi~h shall run vith the land and shall be binding upon the Proper~y and against every person then having any ovnership inCeres~ aC any ~ime and from ~ims to ~ms un~Z ~his Agreement is ts~sl~ted in accordance vith 8s~ion 14 bslov. Rovevet, the parties agree thaC if Developer transfers or conveys the Property to another person or sntityt Developer shall have no ,0. 065; 505, further obligation hereunder and any person seeking to enforce the terms hereof, shall look solely to Devsloper'e successor in interest for the performance of said obligations. 12. Itscordingo This Agreement shall be recorded at Developer's expense in the o£ficial records of Collier County, Florida within thirty (30) days of approval of said Agreement by the Commission. Proof of recordation shall be submitted to the County Attorney vithin fifteen (15) days of recordation. Failure to record this Agreement as prescribed heroin, shall render this Agreement null and void. 13. Entire Agreement. The parties hareto agree that this Agreement constitutes the entire Agreement between the parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. ~armination. Ench affordable housing unit shall be restricted to remain and be maintained as the type of affordable housing rental unit (lov or vary lov income} designated in accordance vith this Agreement for at least fifteen (15} years from the date of issuance of a Certificata of Occupancy for such unit. After firteen (15) years this Agreement may terminate upon a date mutually agreed upon by the parties and stated in 15. IXodifioation. This Agreement shall be modified or amended only by the written agreement of both par~les. 16. Discrimination. a. The 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 status, or handicap. bo When the Developer advertises, rents, sells or maintains the affordable housing unit, it must advertise, rent, ~ell, and maintain the same in a non-discriminatory manner and shall make avalla'ol~q any relevant information to any person who is ~nterested in renting or purchasing such affordable housing u. it. .. 506 - ll - ~;' ~. The Developer afrees to be responsible fez' payment · of any real estate emissions and fees assessed in the rental or purchase of affordable units. 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 Rousing !':[? Density Bonus. e. The affordable housing units shall be intermixed vith, and not segregated frc~t the market rate dvelllng units , the devslo~ent. fo The s~uara foetags, construction and design of the affordable housinq units shall be the same as market rate dwelling units in the development. All physical amanities in the dvelling units, as described in item number seven (7) of the Developer ~pplication for ^ffordable Rousing Density Bonus shall be the same for market rate units and affordable units. For developments vhere construction takes place in more than one phase, all physical amen~t~es as described ~n item number seven (7} of the Developer ~pplication for Affordable Rousing Density Bonus shall be the same in beth the market rate units and the affordable units in each phase. Units in a subsequent phase may ~, contain different amanitiel than units in a previous phase so long as the amenSties for market rate units and affordable units are the same v~thin each phase and provided that ~n no event may a market rats unit or affordable unit ~n any phase contain physical amenSties less than those described in the Developer Application. 17. ~asinf° The percentage of affordable housing units to which the Developer has consmUtted for the total development shall be maintained In each phase and shall be constructed as part each phase of the development on the Property. Developer commits to percent affordable housing units for this percent of the un~te ~n each phase as b~ilt consisting of affordable units. 10~ 065P'~5~7 - 12 - 1B · Dlsolosx=e. The developer shall no~ disolosl to persons, o~hsr ~han the potential ~enan~t ~ysr or lender o~ pa~l~lar a~forda~ls h~sinq uni~ or unl~s~ ~lch units In dsvsl~en~ mrs desi~a~ as a~fordabls h~sinq units. 19. Consistent. ~is ~e~sn~ and au~or~ed devel~sn~ shall M c~sis~sn~ v~h ~he Gr~h Eana~uen~ Plan and land d~sl~en~ re~la~ions of Collier C~nty ~at are in ef~e~ at the time o~ d~sl~ent. Subse~ently adopted laws and ~licies shall a~ly to this ~seent and to the devel~ent to the s~nt ~a~ they are n~ in confli~ vith the number, t~s affordable h~sin~ units and the anent of affordable h~sin~ dsnsl~ ~s a~sd for the d~sl~ent. 20. Affo=d~le Z~sin~ Density Bonus D~slo~snt A~eaent. ~is ~saent As a distin~ and separate a~s~ent d~sl~ent a~easnts as defined ~ ~aptor 163.3220, Fla. Star. (1989) and as amended. 21. ~sa~lieaticn. DayslUr has sxs~ted and ~ittsd to the DaYsilent Se~icss Dire~or the Devel~sr A~lication f~ Affordable h~sin~ Nnsi~ So~s, a co~ of ~ich is attached to ~is ~esmsnt as A~sndix C and inco~orated ~ reference hersin · 22 o~sn~ng Mw. ~is ~snsn~ shall ~s q~s~ed ~ and cons~ed In accordance v~eh ~hs la~ of ~hs B~a~s of ~lorida. 2~. ~hsr as~nnoss. ~s pa~lss hers~o shall and dsl~vsrt ~n recordable fo~ ~f nscsssa~t any and d~en~st ce~f~ca~sst ~ns~sn~st and s~s~en~s ~ch uy reasonably re~ira'd ~n order ~o effe~ua~s ~s ~n~sn~ o~ ~enen~. ~ch do~en~s shall ~nclude ~ no~ M l~n~sd ~o a~ d~en~ re~es~sd ~ ~e D~sl~r ~o exhible ~a~ ~e~sn~ hss ~en~na~sd ~n sccordancs vl~h ~hs pr~sions o~ para~aph 14 a~ve. ZR WZ~EBS Rlt2RZOY~ the parties herato have caused this ," Af. f0rdabls. Houslng Density Bonus Agreement to ths..day 'and',ysar first above vritten. ;~.~,:,,L...~- ,,.~,~., "~ - ': .' ,, -[I, ! · . ;: '.' .,..,.,: ¢ ;: Apptoved as to fern and ~;, ls~aI Bsistant County Attorney " .. 065 509 - s4 - The foregoing Agreement Authorizing Xffordable Rousing Density Bonus And I~posing Covenants And Restrictions On Real Property yes acknowledged before me by . WITNESS my hand and official seal this __ day of , 1992. My Commission Zxptrest · .. 1:]65,',,,: 510 - 15 - Appendix A, Zxhibit A RENTAL NUMBFR OF AFleORDABL! ROUSINg3 UNTTB/MONTRLY BAS~ RENTS . NIY~ER OF UNITS BASE RENT Faaily Family Faatly E£ftclency I Bsdroom 4 B~r~ Efficiency 2 Bedroom 22 e325 2 Bedroom 34 ~365 4 Bedroom fOrM, O (1} Bass residential density a11oved in this develoiment 6 units/acre o (2) Gros- acreage 10.1. (3) Maximm mmbsr of affordshis housing dsnelty bonum units allovsd in this development pursuant to Bec'cton 7 Ordinance 90-89. S (4) Gros- rs-tdsntlal density of this development (Including affordable housing den-try bonus units) units/acre. (5) Psrcentags of affordable units pledged the developer (am a p~rcsnt of ths total number unltm~n ths devslolment) loot, :'. Page I of 4 ,~ Section 7, Ordinance Re. 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, t~pe 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 X. 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 affordable housing density bonus 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 viii 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 percentayes shorn on Table B shall receive an affordable housing dens ty bonus equal the lower of the two percentages At lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental Unite in the development. For example, a development which has 24% of its total residential dwelling unite as affordable housing units, and which has an affordable housing density bonus rating of "fourw will receive an affordable housing density bonus (A~DB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (baled 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 hcusin density bonus calculations for each type of affordable housing unYt 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 (S) dwelling units per gross acre. ,oo 065,, 5i2 Page 2 of 4 AFFORDABLE HOUSING t OF AFFORDABLE HOUSING UNITS DXNglTY BONUg lot 20t 30t 40t I 0 0 1 2 2 0 I 2 3 3 2 3 4 S 4 3 4 S 5 4 5 7 8 (8) }lease calculate your density bonus in the space proTided baler. attach additional pages if necessary. Calculated bonus - 15 du/ac Maximum allowed bonus m 8 du/ac 40t o~ units are 2 bedroom units 60t of units are 3 bedroom units Pursuant to the Xttordabls Housing Density Bonus Ordinance, No. g0-Sg, moderate income is SIt to 100t o~ Median Income, lov income is SIt to 80t of median income and vary lov-incoms is less than S0t of median income. $40,000 Maples, NSX (Collier County) I 2 3 4 5 6 7 8 28p000 32,000 36p000 40~000 43~200 46p400 49~00 52F800 22~400 25~600 28p800 32p000 34p550 37p100 39~700 42~250 16p800 19~200 2lpg00 24p000 25,920 27~840 29~760 31p680 14p000 lap000 lap000 20p000 21p600 23~200 24p800 26~400 , Based on an average o£ one and tvo people living in m one bedroom unit, three and four people living in a two bedroom unit, Ziva and six people living in a three bed room unit, and seven and eight people living in a four bedroom unit, the alloyable housing costs are shorn on the chart below. Housing costs are based on the 30t of the family income. Housing costs are defined rent and utilities for rental units. HOUSING COSTS BASED ON 30t OF FJ~rlLY OIf~BEDR0(~ TWO BEDROOM THRL~BEDROO~ FOUR BEDROOH UIflT UNIT UNIT UNIT ~(' 100t 750 9~0 ~,120 1,220 '~ SOt 600 760 896 1,024 SOt 375 475 560 640 ~*' UTILITY : ALX,OWANC'~ 55 75 gO IX0 :. AX, X, OW3~LS P..D,'T WITH UTILITIES DEDUCTED 80~ 545 685 806 914 50l 320 400 470 530 ,' OG5 5i4 -,.' ~lO~ PaGE Page 4 of 4 ,, ~; Date 0ceupancy DeaLrods Date of Applications Amt of Bee, Deposits . Yo~r Names hoe/National Origins RandLeaps Tee_.. No_., '~ Co-Tenant rims Xaoe/Wattonal O~LgLnf RandLeaps Yes__ ; Street CLty State Zip Telephone Warn of Landlords Row Lor~ a4: this Addreset ' Landlord's AdgLresss :~.' Street City State Zip Telephone /**:.. .:~- Zf you h~e resided at your preoen~ address less than 3 years, please state previews addreset !~]' Street City State lip Provides Landlord'e We, Address, ApplLeant Prosefit gmplopr's Name, Address, How Long with Present Employers .7ob TLtlos~ Gross Salaryt Hourly $~ Weekly $~ Every 2 Weeks $. Xonthly $.__....__,. ,~, Ionhi Security Numbers Birth datel~' ,~ Previous Zmployer'e am, Address, Telephone: How Long with Prr~ioue Employers ~ob ~, Co-Tenant Present laiployer'e Manse, Address, Telephones Row Lon~ with Freeant Employers ~ob Titles · OWeSO Salerye Hourly l_______. Weekly I. Every 2 Weeks $ Monthly Joehi lecnrity Irmabars Birth dates :! PmLoul Bmployor'e Re, Address, Telepho~em~ Row Lon~ vLth Previous Employers ~Yob T/ties 1, 4, S, 1. Names Addregal How 2, alms Addreset Wow Longs Your Banks Loan lavLngs~ CheekL~.._._.._._. ,.,.t ..1,,,, , ,.,.,,t,.,..,. ,:re,,,t ,,.,.re..,,. 065" :515 1, CLtys~ 2 · City s~ 3 · City s ~ Page I of ? Data f XpplLcant'l less: leeLaX lec~tt, y WumberJ ~nt's Wmf I~tal le~:L~y ~f ~s~t ~ssf · ITATI lIP Z ~ ~ a~ltcatt~ ~o~ an a~ a~ a~ts, % ~ ~la~ a~ ~aZ all ot % ~ m~ that to lea~ ~w mLt ff fall ~o ~ ~ aws~s ff fo~s of in~ f~ ~sL~s, s~, ~s, lea% ~ %end, sale o~ ~ershLp Lsa fvaudulen~ a~ pnLsh~le ~ lw. ~L~Iy falsLfyLq ~fomeL~ ~ ehLs fo~ Ls cause fo% vefusal of ~qan~. % he:e~ ce~Lf% that thLs ell% ~ ~ p~anen~ ~sLdence and that % have no ~her assLs~ % .~f~a~ tha~ thLs infomtL~ Ls for the d~e~L~ ~ ~alLfLcaeL~ eo me~ an afrofriable ~sLnq .nLe, % .ndevsta~ that % ~ ~Lg~ eO SUffer ~ ~wlhLp o~ rLghtl of aimed ~y, ~nsL~s o~ aspLea% Va~E, ~a- A~XLGBn~ ~ant Wa~e/Sala~ I I I ,, Znte~st ln~ FmLIy Asst~an, I V~ans kne~Lte I I I , I. I~M knefLts I 1. ~n~ ~fLts I , I. I ,, DXI~XFI~TI~ ~ ~ XN I ~,a~e 2 of ? XFi~IC~T J~emen~ Elit~loyert ~ob TL~IOf X he~e~ i~ho~tge the rilesee of this mtf~at~ ~ ~N vie ao~l~ ~fofe m ~ ~e ~ ha~ aM offte~Z coax this , day of , 1t93, NoCm~ hblLa V~tfLoa~s r~enq of Pays /upervLeor STATE G'F FLORTD& ) ~/'01l~30X!09 vie a/~l~d ~fm m ~ · ~e ~ ~M a~ offLateX eea~ thte __ day of ~ 1913, Nota~ ~LLo ~ ~tem~ ~gm .o. 065- ,517 l, age 3 or 7 · wl /, Appe~dLx 8, rxhLbtt · ~ hereby verLfy that the redotel Lneoee tax return ~.~lLed A~p1LcsAt by Im LI · true and oorrect aolpy of the re~urn fLled by me ~or , ! ' ) t ;' ~/ORZOCFLIIO use ~l~ him m ~ . , ~MII ~ ha~ aM ofltoLl~ ee:~ thLe d:y of , 1993. - . ,ox 065 ~,~: 5 lave 4 of 7 /, Addreams · iuperviserm ~elmpl~Wumbm%s X hmroby authorAss the release of information rmquemtmdoa (~ this vmrLfL~atLo~ fom. ) so, ?Tr~ tORZ~OZJlQwmm moknoelod~md before me ~ . ~MSl ~ ~ a~ offLob% mea% ShAm day of , 1993. ~mz VmrifLoa~m X~liaan~'m O~mm ~al Znm ~ him of Pays I. ~ Of ~rm ~r~ (WmmkXy)s '~ ~nt Of ~MI, Tip, Or ~M ~oa~ ~L~I I ~thly ~numlly lu~lmoz ~ o1 ~DA ) ) me. ~~~ ) ~. ~ll ~ hM ~ elitehi seal this by of ,, , , 1993. N~ hblto Page s of 7 Jk~endJ, x Ip IxhLbLf, I ~ hereby ~e~Lfy that the federa:L Ln~xm ~ ~ ~ of t~ ~ f/ld ~ a for · (%m~) ) ham aM offtota% coax thts . d~ of ~ X~93. · ouant m~l ~t CaratfLoating. ! eertLfy that the infestion pr~ided in the P~l~Ln~ A~lLeat~ ~or A~fo~le ~mtng Unit and in the Af~d~le R~slnq A~lteant Zn~ Vert~iett~ La the and ~l~e to the M~ o~ ~ ~wl~9e and belief. X g~lr~ that if X fu~imh raise or inflate ~fo~tion ~ ~tLfLoat~ ~ Lnm oenLfL~atL~ fo~ that rlor~a Zav and ~ILor ~nty ~d~nan~e 9~89 ~ f~ 8 tins ot ~ ~ 0500.00 pr violatt~, or ~La~ ~ to 60 days, or ~h, a~ t~t Z wLll ~ ~Lr~ to vacate the alterable unit· Z u~ereta~ that e~e ~n ~ ~nm ~Leh my affe~ ~ ~alLfLeatL~ am a teunt el/g~le fff an arf~d~le ~al flit L~ this dml~t mR ~ r;~ to the p~y re~g~le fff u~L~ ~ lease. Z u~rRa~ t~t ~ Ln~ mat b urLfL~ and eenLfL~ eaeh year u~ renwal of ~ Zeaee" a~ that fatZu~ to ~lee an~al tn~ urtfteatt~ a~ tn~ oe~tftoat~ vtXl r~t~ vaoattH of t~ affo~ablo unit, · ~ Date ) me. THB FORRQ01~O m ao~l~ ~f~ m ~ . ~1 ~ ~ ~ offLohl seal this day of , 1~93. ixpLroes , · , · · Date FLOriDA ) COLLXIR ) rORZQ0111~ was aokno~ledged before me by hand and orfiniaX meal thLm day of , 1993. No~:ary i~bZLo My CcxnmLmmLon ZxpL~mm .so. 065 521 ,, I~age 7 or 7 Developer Xppli~atlon For Xffordabls ]~ousinq Bens~t~ Bonus : ~]65 522 , ~I)OKrxc/. easelsell Developez Application Foz ~£fordable Nousing Density }onus Pursuant to the requirements of the Collier County Affordable Rousing Density Bonus Ordinance No. 90-89, 2action 6.4, please complete this form and submit it with any accompanying documenta- tion to the Development Services Director, 2800 North Horseshoe Drive, Naples, Florida 33942. A copy must also be provided to the Housing and Urban Improvement Director. All items requested must be provided. 1. Please state vhat zoning districts are proposed by the applicant, if any, on the property and the acreage of each; The sub_~ect ~ro~er~v is ~rooosed to be fezchad to P.U.D. Within the P.U.D.. 24 sinale family lots yell be developed on 2.8 acres and SS sinaie or multi-familv units op 7.2 acre2, 2. Has an application for razoning been requested in conjunction vith the affordable housing density bonus? J Yes No (TO BE SUBHITTED LXTER} If yes, state date of application Da~embe~ i4. ~993 and If the request hal been approved, state the Ordinance number , 3. Gross density of the proposed development. 7.92 units/acre. Gross acreage of the proposed development. 10.1 acres. 4. Xre affordable housing density bonus units sought in conjunction vith an application for a planned unit development (PUD) ? X Yes If yes, lease state me and location of the PUD and any other identifyfJg inZormation. The PUD rill be Timber Ridae ~ located rmmokalee. 2. Name of applicant rnokalee Won-Profit 6. Please complete the folioring tables as they apply to the proposed development. h TX]LI I Total ~ er of Units in Development Type of Owner Unit Occupied Rental Efficiency One Bedroom Three Bedroom Other Bedroom l~aVe I of 2 Total ~mber of Proposed Use ~ff~hblt ~i~l Dens~ Bonus In D~sl~sn~ 2 ~ro~ 3 B~o~ ~Z IX {~ntinusd) Total ~r oZ ~ssd Use Xff~dabls ~its Density Bo~s In D~el~ent ~ ~er ~ ~er ~Y ~ ~ Zfficienq I Be~o~ 2 Bedr~ 22 3 BHro~ O~er 7. Please pr~de a physical des~pt~on of the ~ff~dable units ~ t~e of unit (1~ or ve~ 1~ ~nc~e) and ~ n~r of ~o~s. Include ~n y~ des~ption, f~ enable, ~e s~are f~age of each ~ of unit, floor c~er~ngs used ~r~gh~t the unit (catering, tile, v~n~l flooring) S w~nd~ treatmentsy a~liances prodded such as washer/~er, d~shwasher, refrigerators bathro~ amen~t~es, such as ceiling exhaus~ fansy and any other amen~t~ee as applicable. Attach addit~onal pages. ~e fl~r c~er~ngs ~n these homes w~11 ~ caret thr~ghou~ o~er ~an ~n the Mthro~ and k~tchen ~ch w~11 contain v~nyl flaring. W~nd~ treadants will be m~n~-bl~nds. ~e appliance package will ~nclude~ st~e~ refr~gerator~ and d~shwasher. Ceiling fans will be provided ~n the l~v~ng room and in each ~droom. Each home will ~nclude a s~n~le family car garage and e, ~lea~e ~ly an~' o~er tn~onatton ~hlch v~l~ ~ea=onably ne~ to ad~ess this re~est for an affordable h~stng density ~s for this devilment. At~ch additional pages. Page 2 of 2 AGREL~qX~I~ A~]T~ORTZ~NO AleleORDABL~ DEXRITY BONUS AND IMPOBTHG COVL~iANTS AND REBTR~CT~OHS ON REAT~ PROPERTY THIS AGREEMENT is made aa of the /~-- .. day of ~ · / 199~ by' and betveen rmmokalee Non-Profit Rousina. rno. by its duly authorized undersi~ned officer (hereinafter the eDeveloper") and the Collier County Board of County Commissioners (hereinafter the wCommieaione). i. The Developer o~ne 8 tract of real proper~y described El Treats 5 and S. F~en Park ~ubdivision. let Addition. recorded in Plat Book 5. Pace 3. Collier County. Florida (hereinafter the wPropertyw), The legal and equitable o~ers inolude Znokalee Non-Profit ]~ousina. me.. Attnt Carl ~Cuehner 2449 Sanders Pines Circle. Z~okalee. Florida 33934. B. It is the Developer·s intent to construct a maximum eiahtv fS01 residential units (hereinafter 'Units') at a density of eiaht [81 units per gross acre on the Property. The gross acreage of the property is ~. The number ~ affordable Units constructed by the Developer .' shall be tventv-~our [241, representing ~ percent the to'tal number of residential Units in the development. The remainina ~i~tv-six f561 a~rordabla Units viII be re~tal U~its vhioh shall be a~Droved and eover~ed by a separate. but companion. Xr~ordable ~tousina Density Bonus Xareement. C. 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 Xffordable Housing Density Bonus O~dinance Nb. 90-89· which density bonus can only be granted by the Commission in accordance with the strict limitations o~ said ordinance. D. The Commission is willing to grant a density bonus to the Developer authorizing the construction oZ twentv [201 bonus Units on the Prcpe~:y· if the Developer agrees to construct 065 ,,- 525 TDrBER RIDGE OWNER-OCCUPIED affordable Units as speoifisd in this Agreement and the Developer covenants and agrees to use the affordable Units only as owner-occupied Units. loW, TKZRZFORI, in consideration of the approval and granting of the density bonus of t~o f21 units per acre requested by the Developer and the benefits conferred thereby on the Property, and ~cr other good and valuable consideration, the receipt and sufficiency of ~hich are hereby acknowledged, the Developer and the Co~mission hereby covenant: and agree as fol lows x 1. Isoitalso Ths above recitals are true and correct and are incorporated heroin by reference. 2. Dlvlloplr emitsants. The Developer hireby agrees that it shall construct twenty-four f24~ ernst-occupied affordable Units which Units shall be sold in accordance with the terls and conditions of this Agreement and as specified by the attached Appendix A, Exhibit A and Exhibit B, which Appendix is incorporated by reference heroin and constitutes a part of this Agreement. Units at the Property which are not an affordable Unit {~arket-Rate Units'] shall be exempt from the provisions o~ this Agreement and may be sold by the Developer on terms and conditions acceptable to the Developer in its sole discretion. The Developer shall provide, within forty-five (45] days from the date that the notice is received by the Commission, on-site management to assure appropriate security, maintenance and appearance of the development and the dvelling Units. a. The following provisions shall be applicable to the affordable Unitsz (1) Definitions. For the purpose of this Agreement and as provided by Ordinance No. 90-89, as amendadz (a) Zease with Option to l~zohale shall mean aErordable housing An the Zorm of an aZfordable housing owner-occupied unl'.' where all or part oZ the lease or rental pa~ents are cantraCially applied to the purchase price. ~n this .- I]65 ,,c: 526 regard~ both the lease or rental payments and the ultimate purchase price of the unit shall meet the definition of affordable housing. Heyever, the unit shall othervise b~ treated the same as an affordable housing ernst-occupied unit. (b) Owner-Occupied gait shall mean able housing in the fern of a residential dwelling unit solely for occupancy and fee simple ovnership by a low or very income household under the provisions ~f the Affordable Housing Density Bonus Program, (e) Fhas~ng 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 planX or (b} in developments where phased construction is not depicted on a PUD master plan, subdivision xastsr plan or s its 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. (d) Xny and all other definitions provided by Ordinance No. 90-89, as amended, are hereby incorporated by reference. (2) Xortga~e raymeat. The monthly bass rent or mortgage payment for the affordable Units shall be in accordance with the rents specified in the attached Appendix A, Zxhibit The rent ~ay be lnoreassd each year from the date of this Xgrsement as long as the rent does not exceed ons-tvelfth of 30 percent of an amount which represents 50 percent (for very low income), or 80 percent (for low 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 ~rea (HSA). The foregoing notwithstanding', any rent charged for an affordable housing unit rented to a low income or very low income lastly shall not exceed 90 percent of the rent charged for a comparable market rate dwelling in the same or -3- i~' ' OWlq'ER-.OCCUP'rE'I) .- - similar development. (3) Ned/an Xnooms. rot the purposes of this Agreement, the median leoores of the area as defined by ths Department of Housing and Urban Development (HUD) shall bs the than ourrent median income for the ~aples ~stropolitan Statistical Arsaw established periodically by ~D and published in the redera1 Register, as adjusted for fanily size as sho~n on the tables attached hersto as Xppsndix Xw Exhibit C~ vhich Exhibit shall be adjusted from time to tins in ao~ordanos any adjustnears that are authorized by HUD or any sucosssor agency. In the svsnt that HUD ceases to publish an established median Income as aforssa/d~ the parties hersto shall mutually a~rss to another reasonable and comparable nethod of oomputing adJustnsnts in median inaome. (4) lligi~/1Lty sad Quslif/oa~ion of Buyer. Panily income eligibility is a three-step pro~sssx 1) submittal of an application by a prospective buyerl 2) verification of fanily incomel and 3) execution of an income certification form. tll three steps shall be accomplished prior to a buyer being qualified as an eligible fanily to purchase and o~oupy an affordable housin~ unit. pursuant to the affordable housing density bonus program. ~o person shall ocouly] an affordable housing unit provided under the affordable housing density bonus prodran prior to being qualified a~ the appropriate lsvsl of lnooms (lo~ or very 1or lnooms) in accordancs vith this Section. The Developer shall be responsible for qualifying buyers by accepting applications from buyers# varifying leaores and obtainin~ the income certification for all affordable Units in the subJsot development. All applications, forms and other do~umsntatlon required by this Agreement shall be provided to the Housing and Urban Improvement Director. ~uallfication by the Developer of any buyer as an eligible buyer family shall be subject to review and approval in accordance the monitoring and enforcement program created and adopted by -4 - Resolution of the Commission. (a) Rpplioation. X potential buyer shall apply to the Developer, owner, manager, or agent to qualify as a low or very low income family for the purpose of buTing and occupying an affordable housing owner-occupied unit pursuant to the affordable housing density bonus program. The Preliminary ~pplioation for ~ffordable Rousing Unit form ahall be provided b~ the Housing and Urban Improvement Director as shown in ~ppendix B, Exhibit A, attached to thia ~gresment and incorporated by reference herein. (b) Xno~se Varifiesrich and eer~iliaa~ion. No affordable housing unit that is to be sold, leased with option to purchase, or otherwise conveyed in the development shall be sold, leash with option to purchase, or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this Agreement as a low or very low income family. Buyer income verification and cer~lfication shall be repeated annually to assure continued eligibility. Any person who buys an affordable housing Unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if he sells the Property (including the land and/or the Unit) within fifteen (15) years after his original purchase at a sales price in excess of 5 percent per year of his original purchase price that he will pay to the County an amount equal to one-half (1/2) of the sales price in excess of 5 percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage. The Developer shall notify buyers in their lease or purchase contract of buyer's duties and responsibilities with regard to said lien. For example, a person originally bu~s a designated affordable residential unit for $60,000 and sells it after five (5) years for $S0,000. A 5 percent increase per year for 5 years will 91vm a value of $76,577. Deducting this amount ,o,, 065 ,,c: 529 mmm emma atom OWnER-OCCUPIED from the sales price of $80,000 gives a differsnee of $3,423. The seller v~ld ~hen ~e the County $~,711.50 (1/2 o~ Pa~en~ oZ ~is am~n~ v~ld release ~he ~ire~ ~er Zr~ ~e rec~d~ lien aVains~ ~he ~ope~y. Such pa~en~ shall aain~ined In a serenaded Zund, established ~ the County solely Z~ aZZordable h~sin~ ~oses, and ~ch money shall be used solely ~o enc~ra~e, ~ide Zor, or pr~o~e aZZordable h~sin~ in Collier (c) Xnc~e veriZica~ion. ~e Devel~er shall o~ain ~i~en veriZica~ion Zr~ ~he po~en~ial ~yer ~o veriZy all re~lar s~rces o~ inc~e ( including ~he entire h~sehold). ~e Roa~ recen~ year'a Zederal inc~e ~ax re~um Zor ~he p~en~ial oc~pan~a (lncludin~ ~he entire h~sehold) say be used ~or the ~ga oZ inc~e veri~ica~i~, i~ a~achad ~o AZrordable H~sin~ A~lican~ lnc~e Veririca~ion ~om, ~ich includes a s~a~aen~ ~o release in~oma~ion, ~enan~ verification of ~ha ~x re~um, and a si~a~ure block wi~h ~he da~e oZ application. ~e verification shall ~ valid rot up ~o ninety (90) days prior ~o oc~pan~. ~on e~ira~ion o~ ~ha 90 day peri~, the infomtion ~y ~ verbally u~ated fr~ the ~iginal s~rces Zor an additional thi~y (30) days, ~ided it has ~en demented ~ the person preparing the original veriZication. A~ter this time, a n~ verification ~o~ ~st be c~leted. A~rordable H~sing lnc~e Verification ~om shall be pr~ided the Housing and ~ban l~rovaent Director as sh~ in Appendix B, ~hibit B, attached to this A~eemen~ and incomerated re~erence herein. (d) Xno~e Codification. ~n receipt the ~elimina~ A~lication Zor AZ~ordable H~sing ~it and Afrordable H~sing Xnc~e Verl~ication ~om, the Devel~er shall re~ire that an inc~e ce~iZication Zorn shall ~ exerted the ~tential ~yer (including the entire h~sehold) prior purchase and occupan~ or the a~ordable housing unit ~ the ~yer. lnc~e ce~iZication shall assure that ~e potential .. 065 530 - 6 - OWNER-OCCUPIED buyer has a lo~ or vary low household income which qualifies the :~ potential buyer as an eligible family to buy and occupy an affocdabls housing Unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Housing and Urban Xsprovemsnt Director as shown in Xppendix B, ~xhibit C, attached to this ~Ireement and incorporated by reference heroin. (e) B~To: X~eement. At a minimum, the ' lease or sales contract shall include the foll~wingz (l) name, address, and telephone number of the head of household and all other occupants7 (ii) a description of the Unit to be purohasedX (ill) the term of the lease (where unit is purchased under lssss with option to purchase arrangsmsnt)7 (iv) the purchase amount7 (v) the monthly rental or mortgage payment and the portion of that payment applied to the purchase price7 (vi) the use of the premises7 (vii) monitoring and enforcement provisions, including disqualification of buyer; and (viii) the rights and obligations of the parties. Random inspection of files containing required documentation to vsrif~ occupancy in accordance with this X~reement and Ordinance No. 90-89, as amended, xay be conducted by the Housing and Urban l~provoment Director. (S) Disqualification of Buyer. In the event that buyer qualification is not subsequently confirmed by the Housing and Urban Z~provssent Director or his dssi~nas, then such buyer shall be required to vacate and arrange for the .sale of the affordable Unit to a qualified buyer. If buyer vacation o~ the · affordable unit is the result of an error, omission or misrepresentation made by Developer, buyer shall vacate the affordable Unit w~thin thirty (30) days and Developer shall pay penalties as provided by the monitoring and enforcement program. If buyer vacation of the affordable Unit is the resul~ of a misrepresentation made by the buyer, buyer shall vacate the affordable Unit within 15 days and shall pay penalties as provided by the monitoring and enforcement progTam. Such svsntuality shall bs expressly detailed in the lease or purchase ,ore, 065,, 53i OT, v"Z, FER,,,.OCC'O'PZZD ag'z'eenent ~een Dewelmer and (~) ~s~ ~o~ess and Hon~oring ~l~or~. Devel~r ~hslZ ~ide to ~e R~ing and ~ban Dlre~ an annual ~e~ and monitoring re~ regarding deZive~ o~ a~rordable h~lng ~er-oc~pied ~its through~ ~e ~ri~ o~ ~eir con~lon, ~rchasa and oc~an~ Zor each oZ ~e Devel~er~s devel~ents which i~olve the aZfor~ble h~sing density ~s priam. ~e annual ~ess and Monitoring Ro~ shall, at a miniu, pr~lde any lnZo~ation roastably re,Bred to inure c~liance wl~ ~dinance 90-89 ff ~bse~ont aRendsents thereto. ~o re~ shall tiled on or h~ore Septabet 30 o~ each year and the repo~ shell ~ ~ltted ~ the Devel~er to the R~ling and ~bsn Z~r~aent Dlre~or or his designso. Failure to c~lete and audit ~e ~ess a~ Monitoring Repo~ to the Housing and ~ban Z~aent Dire~ff vi~ln si~y (60) days Zr~ ~e due date shall re~lt in a penalty o~ up to Zl~ dollars ($50.00) ~r day per incident or oc~snce unless a ~itten e~ension not to exceed ~i~y (30) days is re~ested prior to e~iration the si~y (60) day su~ission deadline. No more ~han ~t ~ch e~ension say ~ ~ant~ in a single year. ~o proses and mon~toring repo~ shall ~ In a ~o~ prodded ~ the Housing and Urban Z~rovaent Dlre~or. (7) Oo~an~ Restriotions. No a~r~dablo in any ~lding or stature on the ~e~y shall h ~rchased or octpied ~ the Developer, any parson related to or arElliated with the Derelict, or ~ a resident unager. 3. Density Bonus. ~s C~lssion here~ ackn~led~es the DewslUr has met all retired conditions to ~aliZy ~or density ~nus, in addition ~ the has residen~ial densl~ oZ ~ ~lts per a~e, and is thereZors ~antod a densl~ or ~ density ~nus ~its per a~e, Zora total o~ tvenW 12Ql densit~ ~nus Units (total - density bonus Units per acre X ~oss a~sage), rureuant to the Collier C~nty AZZordable H~sing 065,, 592 -8 - Density Bonus O=dlnanca I~o. 90-89. ~he Coastsmien fUrthe~ ~at the D~el~e~ uy eon~t~ thereon, In the aGUegate ~xl~ ~ o~ ~ Units on the .~e~y ~lded ~el~er i~ able to ~s~re ~ildlng penit(s) fr~ Collier C~nty. Devel~er rill ~ild ~entV-f~r ft41 ~its in ~ase · and ~ to ri~-si~ f561 rental arZordable units in ~he~en~ 4 · e~ssion ~e~snt. ~rin~ ~e te~ oZ this X~euent~ the C~lssion a~ing through the Housing and ~hn Z~r~emsnt Depa~Lmen~ or its successor(s) covenants and a~ees to prepare and to sake available to the Developer any general intonation tha~ It possesses regarding tnc~e limitations and rsstri~ions ~ieh mrs a~liesbls to the aZf~dabls Unit. 5. Vlolmtions ~na a. violmtions. It shall h a violation of this A~ensnt a~ the Collier C~nty Affordable R~sing Density Bonus ~dinance to rsnt~ sell or ~, or att~t to rsnt~ ~sll ~, an affordable h~sing rental unit pr~ided under the affordable housing density ~nus ~am except as specifically periltrod ~ the tens o~ this A~euenti ~ to kn~lngly give false or misleading intonation vith respe~ to any Intonation retired or raCested ~ ~a H~slng and ~ban Dlrs~or or ~ any other pers~s ~r~ant to ~s authority ~ieh Is delegated to the ~ the ~dlnancs. Collier C~n~y or its desires shall have full p~sr enforce ~e te~s of this A~eement. ~e meth~ or enrorc~ent ~or a ~aach or violation oZ thif X~eamen~ shall ~ a~ ~tion o~ ~o Cmigsion ~ ~iminal 6n~orcaant ~rauant to the pr~ialons oZ Se~ion 125.69~ Flffida S~a~tes, or ~ civil enZorcaen~ as allied ~ law. b. Mo~ioe oZ Violation for Code ~oaeedinga. ~enever i~ is datemined tha~ there is a violation of ~his A~eemen~ ~ha~ sh~ld be enforced before the ~rorcemen~ Board, ~hen a No~ice oZ violation shall ~ issued and -9- sent ~ ~e R~sLng and ~ban Z~r~en~ D~re~ ~ ~e~LfLed retu~ece~pt re~ested U.S. Ha~l, or hand~el~ve~ to the person ~ D~el~er ~n violat~on o~ the ~dable Dens~t~ Bo~s ~d~nance. ~e No~ce o~ V~olat~ shall w~t~ng, shall ~ s~ed and dated ~ the ~sfng and ~ban I~~ent D~rs~or or ~ch other C~nty personnel as ma~ be au~z~ ~ ~e Board o~ C~n~ ~miss~ers, shall ~e violat~ ~ v~olat~ons, shell state that said v~olat~ons{s) shall ~ co~e~ed v~th~n ten (10) da~s o~ the date o~ the o~ V~olation, and shall s~e that l~ said violation{s) is/are no~ c~e~ed ~ the specified ~a~e in the ~o~cs o~ the H~sifg and ~ban Z~r~ent D~re~or shall ~ssue a o~ta~on ~ich shall state the date an~ t~me o~ issuance, name and address o~ the ~rson ~n violat~on, date o~ the v~olat~on, Se~on o~ this ~enent ~ o~ ~d~nancs ~o. 90-89 ~ nbse~ent amendments ~ereto v~olated, name o~ the H~sing and ~ban D~re~or, and date and time ~en the v~olator shall a~ear ~ore the ~e ~orc~ent Boa~. c. Certif~oate ~ OceanS. In the event that the Devel~er fa~ls to maintain the affordable ~tl ~n accordance v~ th~s A~efient ~ v~th ~dinance ~. 90-8~, as amended, at the ~t~on o~ the C~ssion, ~llding petite or ce~cates ~pan~, as a~l~cable, ~y ~ v~held ~or a~ future planned or othe~se a~r~ed ~lt{s~ located ~ to be 1Neted upon the ~ope~y until the ent~re project Is ~n ~ull c~l~ance w~th th~s A~e~ent a~d ~lth ~d~nance No. 90-89, as amended. 6. Xmm~mnt ~ Cmimm~on. ~e Cm~sm~on may all or pa~ o~ its obligations under this A~eaent to a~ o~er ~blio aVen~ having Juraedition ~eF ~e ~e~y ~d~ ~t V~ves ~e D~el~r ~ ~30) days adunce ~ltten n~lce ~erso~. ~o Developer may not aisle, delegate or transfer all or pa~ o~ ~ts duties, obligations, or prnises under this A~eement to any successor ~n ~n~erest to the without ~e e~re,~s w~tten consent or the Cmission, ~ich - 10 - ,...,, menus eramum consent may be withheld for any reason vhateoevaro Any attempt to assign the duties, obligations, or promises under this XgTeemant to any successor in interest to the Property vAthour the express written consent oZ the Commission am required by this Section shall be void ab initio. 7. Severabilit3~. Xf any section, phrase, sentence or portion of this Agreement is for any reason held invalid, or unconstitutional by any court of competent ~urisdic~cion, such portion shall be deemed a separate, distinc~c, and independent provision, and all other provisions shall remain effective and binding on the parties. 8. leoties. Any notlos desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mall, postage prepaid, to the parties at the foliovAnS addressass To ~he Commissions Housing & Urban Improvement Dept. 3050 )1. Horseshoe Dr., hits Haples, Florida 33942 · . To the Developers Attns Carl Xuehnsr "; lnokalee Non-Profit Housing, Inc. 2449 Sanders Plnes Circle Znokalee, Florlda 33934 ~tny party amy change the address to which notices are to be sent by notifying the other party of such nay address In the manner set forth above. 9. Xuthority to XonJtoz. The parties hereto acknovledge that the Director of Colller County Housing and Urban Zmprovement or his destgnes shall have the authority to monitor and enforce Devllopar's obligations hereunder. 10. Zndmanifyo The Developer hereby agrees to protect, defend, indemnify; and hold Collier County and its officers, employees, ar~l agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, Including, without limitation, reasonable attorney's fees and all costs of litigation and ~udgments arising out of any claim, vlllful misconduct or negligent act, error or omission, or ,oo, 065,, 535 OWXI~-.OCCt/PX~D liability of an~ kind made 1~/Developer# lee agents or employees~ arising out of or incidental to the performance of this ll. Covenants. the Developer agrees that all of its obligations hereunder shall constitute covenante~ reetrictions, and conditions which shall run with the land and shall be binding upon ~he Proper~y and against every person then having any ownership interest at am/time and from time to time until this ~rreement is terminated in accordance with Section 14 below. R~vever~ the parties agree that if Developer transfers or conveys the Proper~y to another person or entity# Developer shall have no further obligation hereunder and any person seeking to enforce the tame hereof shall look solely to Devsloper#e successor in interest for the perforsance of said obligations. 12. Isoordlng. ~h~e Agreement shall be recorded at Developer's expense in the official records of Collier County# florida within thirty (30) days of approval My the Commission and a copy transmitted to the Rousing and ~rban Zmprovsment Depaz~cment within five {S) days of recordation. ~pon failure to record this Agreement within said thirty (30} days, this Agreement shall be void ab initio. 13. Zntire a~resment. ~ha parties hersto agree that this Agreement constitutes the entire Agreement between the paz~ciee hereto and shall inure to and be binding upon their respective heire~ successors, and assigns. 14. ~ermination. Zach affordable housing t~nit shall ~e restricted to remain and be maintained as the type of affordable housing owner-occupied ~nit (low or very low income) designated in accordance with ~hie Agreement for at least ~ifteen (kS} years from the data of issuance of a Certificate of Occupancy for such uni~. ~fter ~i£teen (kS) years this Agreement may terminate upon a da~s ~.Atually agreed upon ~p/the par~ies and sta~ed in writing. 15 · Modification. This Agreement shall be modified or amended only b~ the ~.~'itten agreement of both par~iee. OWNER-OCC~PXXD a. ~s V~sl~sr a~sss tha~ nEithEr It n~ its aqsnts shalX ~is~tminats a~alns~ an~ ~sr ~ ~tsnttaX ~causs of said ~srs racE, color, rsXigion, ss~ nationaX origin, fa=lliaX s~tus, or handicap. ~. ~sn ~s DEvEloper advs~isss, rsnts~ ssXls or nineins ~s affordable h~stnq unit, It ~st advs~tss, rsnt~ sell, a~ sinrain ~s same in a non~ls~iminat~ ~annsr and shall wake available any rElEvant infonatton to an~ person ~o Is lntsrssts~ In renting ~ ~rehasln~ sueh a~ordabls h~slng o. ~e Deval~er a~ees to be responsible ~ pa~ent o~ any real es~te emissions and · . ~e affordable h~sing Units in the devel~ent shall h identifisd on all hilding plans ~itted to the C~n~ and des~thd in the Devel~er X~ltcation for Xffo~able R~sing Densi~ Bonus. e. ~e affordable h~sing ~its shall h latenixed vith, and not se~egated fr~, the markEt rate dvelltng ~lts in ~e devel~ent. ~. ~e s~are foo~ge, constation and desl~ of the a~fordable housing Units shall be the Ease as markEt rate dvelling Units In the devel~ent. ~11 physical amenltles In the dvsllln~ ~its, as des~ibed in item n~r seven (7) of the Developer Application for Affordable Housing Density Bonus shall ~ ~s same for market rata Units and affordable Units. For dsvslo~sntm vhmrm eonst~etion takes place In more than phasE, all physical amentrims as dsm~lbsd In Ira n~r saran (7) of ~s Dsvsl~mr Application for Affordable H~stng DEnsity Bonus shall ~ ~s same in ~th the market rate ~itm and affordable ~lts In Each phase. ~lts In a ~bs~snt phnsm may contain different amsnlttms than Units In a prmvious phase so los9 am thm amentrims for market rats Units and affordshim units - 13 - a market rate Unit or affordable Unit in any phase contain physical amenities less than those described in the Developer 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 one hundred flO01 percent affordable housing units for this project, with one hundred fl001 percent of the units in each phase as built consisting of affordable units. lS. Disolosure. The Developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which Units in the development are designated as affordable housing Unlts. 19. Consistency. This Agreement and authorized development shall be consistent with the 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 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 WOUSing Density Bonus Development agreement. This Agreement is a distinct and separate agreement from development agreements as defined by Chapter 163.3220, Fla. Star. .Yi (1989), and as amended. 21. Fzeapplication. Developer has executed and submitted to the Development Services Dlreotcr the Developer Application for Affordable Rousing Density Bonus, s copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. .. 065,', :53Ei OW~ER-OCCUPZED ' ~ 23, turfher Xssuranoss, The par~lss hereto shall exemlte and deliver, in recordable Zorn lZ neoessary~ any and all docuaents~ cer~:i£icates~ instruments, and a~eoente ~ich uy h reasonably retired In order to eZ~e~ua~e the inten~ oZ ~ie X~enen~. Such dmen~s shall include ~ no~ be limited to any douen~ r~es~ed ~ ~e Developer ~o a~ibi~ ~ha~ ~im ~enen~ ham te~i~ed in accordance vl~ ~e provisions oZ para~aph 14 a~ve. ~ ~S ~F~ ~e pa~ies here~o have caused ~im A~eoen~ .to h exerted as or the day and year first a~e ,, 065 539 - lS - STA"F2 OF FLORIDA ) ~ OF COLLIER ) The foregoing Xgreemant Authorizing Affordable Housing Density Bonus ~qd Imposing Covenants ~md Restrictions On Real Property was acknovledged before me ~ · WITNESS my hand and official seal this day of , 1991. Nota~ Public Ny Ccnission Zxpiresx .. 065- 540 ~ Appendix A, Exhibit A OWNER-0CCUPZED NUMBER OF AFFORDABLE HOUSING UNITS/MONTRLY BASE RENTS MONTHLY N~MBER OF UNITS MORTGAGE PAYMENT Single Multi Single Total Family Family Family Sales Price In U.S. Dollars Efficiency 2 Bedroom 3 Bedroom 4 Bedroom 12 $59.900 $59.900 TOTAL 24 Bedroom Bedroom " (1) Bass residential density allowed in this devslolment § units/acre, (2) Gross aeTeage lO.1, (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Bectton 7 Ordinance 90-89. 0 units/acre. (4) Gross residential density of this development (Including affordable housing density bonus units) 7.92 units/acre. (5) Percentage of affordable units pledged the developer (as a percent of the total number units~n the development) one hundred DoTcent (%1001. Page I of 4 · Appendix A, Exhibit B AFJ'ORDABLB ROUBZN(3 DEWBZTY BONUB PAT*IN(] BYBT~M Section 7, Ordinance No. 90-89, provides for calculation of density bonus for developers pledging to construct affordable units within their development. Zncluded in this Exhibit B are instructions for and the tables with which to calculate the density bonus £or a particular pro~ect. Exhibit C contains the current median income and acceptable rents for low and very income households in Collier County. The affordable houslng 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 unite An 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 deeignee. First, choose the household income level (moderate, lo~, or very low) of the affordable housing unit(s) proposed An the development, and the type of affordable housing units (o~nsr-occupied or rental, single-family or multi-family, where applicable) to be provided, as sho~n 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 affordable housing density bonus 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 S shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/lOth of a residential dwelling unit per gross acre for each additional percentage of affordable housln] rental unite in the development. For example, a development wh ch has 241 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 ~ross 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 housin density bonus calculations for each type of affordable housing unYt 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 (S) dwelling units per gross acre. ,ore, 065- ,:542 me LEVEL NUMBER OF B~DROOMS/UNIT OF HOUSEHOLD IN~ME EFFICIENCY 2 3 OR MODERATE (OWNER-OCCUPIED, 0 1' 1* SINGLE-FAMILY) LOW (OWNER-OCCUPIED OR RENTAL 2 3 4 SINGLE-FAMILY OR MULTI- FAMILY) VERYLOW (OWNER OCCUPIED OR RENTAL, FAMILY OR MULTI- FAMXLY) ,For cjuster housing devel ents in the Urban Coastal Fringe, edd 1 density bonus to obtain TABLI (RDDXTIOIFAL AVAXLABL! IXtXLLI'N6 TFN'ZTB Iz~R GROB8 ACRle) AFFORDABLE ROUSING % OF AFFORDABLE HOUSTNG UNITS DENSITY BONUS RATING /j2,t ZQ,%. 3o% 4o% 60% I 0 0 1 2 0 I 2 3 3 2 3 4 5 4 3 4 5 (7) - 5 4 5 7 8 (8) Please oaloxtlaee your denmitT bonus in the space provided below. Attach additional pages if necessary. Calculated bonus - 15 du/ac Maximum allowed bonus - 8 du/ac 40% of units ere 2 bedroom units 60% of unite are 3 bedroom units ,oo, 065- ,:543 i Xppsndix A, ~hibit C ~ XNCOM~ ~ERY LOW XNCOM~ ~X~XE8 Pursuant to the Affordable Rousing Density Bonus Ordinance, No. 90-89, moderate income is SIt to 100t of Hadian Income, lov income is 51t to 80t of median income and very lov-income is less than 50t of median inCOme · ~DXXH XHCO~ 1991 ~40,000 Haplee, MSA (Collier Count) NU~R OF ~ZKBEI~ XN F~LY 1 2 3 4 5 6 7 8 ~00~ 28,000 32,000 26~000 40,000 43,200 46,400 49,600 52,800 BOt 22,400 25,600 28,800 32~000 34,550 37,100 39,700 42,250 60~ 16,800 ~9~200 21~600 24,000 25,920 27,840 29~760 3~,680 SOt ~4,000 16,000 ~8~000 20,000 2~,600 23,200 24,800 26,400 Based on an average of one and two people living in a one bedroom unit, three and four people living in a ~vo bedroom unit, five and six people livin~ in a three bed room unit, and seven and eight people living in a four bedroom unit, ~he alloyable housing costs are shorn on the cha~c below. Housing costs are based on the 30t of the family income. Housing costs are defined rent and utilities for rental units. HOUSING COSTS BASED ON ON~ BEDROON TWO BEDROCk4 THREE BEDRO01~ FOUR BEDRCOX UNIT UNIT UNIT UNIT 100t 750 950 l~lS0 l~2S0 SOt 600 760 296 X#024 50t 375 475 UTILITY XLLOWXBL~ RZNT WITH UTILITIES DE~3UCTED SOt 545 685 806 914 501 320 400 470 530 -- G65. -544 Page 4 of 4 "ii':~ XppendLx B, IxhLbLt, k Date ~n~ DaiLIes Dete o~ X~Laat~onf ~ of lea, Y~r Wmt hae/Wa~L~a~ ~LgLos Ra~LGB~e Yel . ~ena~ Wet hae/Xa~Lona~ OrLgtnt HandLeaps Yes, P~eon~ Street CLty S~ate ZLp ~e~ep~ns If ~ ha. netd~ a~ ~r ~egen~ ~drele ~eet ~han 3 pats, please fiats ~t~8 addreset Itree~ CLty Irate ZLp TeXthone ~ PrffL~l ~nd~ord'l Wm, ~dreei, Te~h~el ~ Lcan~ Pree~ ~l~f'e Wrap ~dtlel, Tel~h~es b ~ vLth ~ee~t ~l~rs ~ob ~Ltlef Orole la~e~: ~t~y t. ~k~y $ ~ 2 Weke S ~h~y 8. ~La~ Se~rLty ~tt BL~h dates Present ~%~et'l Nm, ~d~ll, b ~ vLth Present ~ts Job O~ss laZa~f ~tZy I WekZy I ~e~ 2 Wekl I. ~th~y t I~La~ S~rLty ~ts SL~h dates e~ ~ng vLth Pr,L~I ~ets ~ob ~Ltlet Z. %. N~: ~dreles ~ 2. N~ ~dreewf R~ Y~r aank: ~an . SayLugs ~e~ 1. CLty t 2. CLty f 3. CL~y ~, ,. Pa~o 1 of ? ApplL~ant'e Jfamf IocLal lecurLty Jfumbewf Co-fenant.'e Wasel · teeent k44~eesf i~.alT CXT'~ STATE ZIP TBLEPI4~HZ if Z hereby maze appt~catton for an a~artmant at apartments. ! h~r~by d~lar~ and ra, oal all of my sources of tacoma. Z am avar~ that to learn penaLone, s~oul~, bonds, real Imoper~y rent, sale or ovnershtp to a fraudulent ac~ Imntshable b~ law. XnovLnVly falsLfyLnV LnforsatLon on thLe form Le cause for refusal o£ Houpanm/. ! he:s!~ certLfy tha~ thLe wLI1 ~ ~ p~anen~ reeLdance and ~hat Z have no ~her aeeLs~ed h~eLnV. Z .~ereta~ that thLe LnfomtLH L. for ~he p~se of o;gLng ~ anna1 Lnem to ~eaLne W ;a~LfLoa~L~ ~ r;Lr~ to sufferer W ~ershLp or rLgh~e or ela~d p~y, pnsLHe o~ eapL~a~ VaLno, X~lLeang ~ean~ ~n~ Fr;en~ ~n~ Fr;ln~ heeLveal Znte~e~ Zncm S ~tXd ~ I,, I. I Veterans Beefits WLdM BenefLts galen Pens ton I. lelf-~l~nt tleaee attach ltst of all ~her s~rces of Ln~ row ~t~ ~ee~ld. THI VBRIFIC:ATZOM HX'PJI JtEqXKSTID MAX TAX/THE FO~J4 OF THI MOlT JtZCZNT ITMI'I !~DI~Z, XNCOt4Z TAX lqrro3N FOR BACH OCCUPANT WHO HA2 FILED AND WILL OCCUPY TH~ AFFO~ABLB UNIT, TRX BAJ(B MUST BI E:XECT)'TZD FOR ZACH OCCUPANT OF T~Z ROgSZHOT=D N~O COIfl*I~BUTED TO H(X]SZHOLD IX~JOM~. FAILURE TO RXPORT ALL SOURCES OF J~OUSEHOLD XNCOt4X WILL JeJ:SUI, T DISG~ALIFICATZON FOR TINANC'f TN AFFORDABLB H~JSINQ UNIT, 065- :546 PaVe ! hereb~ authorize the release of information requested on ~ this .r/fL~a~/~ fo~. ~ a~:Lieant was ae~l~g~ ~fore m ~ , ha~ a~ off/aLeX Hal this day of ~ 1993, Notary Publie ,,~, My Cornrod. saLon Expirems ,. Imply/or Ver/f/oatLont :;, .Xpptteant's arose Xnn~a:L Zn~ or Rate of Pays Number Of Ho~rl W6rk/d (Weekly} I Frequency' of Pays Jemnt of Bonuses, TAps, or other Coepensat/on ~eceivedt $ Monthly Rnn~ally Notary Publie My Cosmission Zxpiress THE VrAIFICAT:ZC~ J~3C2 I~F.C~Z2T!~ KAY TA.1CB THB FOJU( OF THE MOST J~ClL'NT YEAR'I FL'DBRAL TAX ~ FOR F. ACM C)CC~ANT V, HO HAg FILL'D AND WILL OCCUJ'Y THE ~FFO~D~K UNIT. 547 Page 3 of 7 AppendLx I, ixht,bLt, 8 % hereby vettry that, the redstaX trim tax retur~ ripplied ~ m tm a t~e ~ ~ ~ of t~ ~u~ ftXmd ~ m for · } ~ ~~ was ao~X~g~ ~r~ m ~ ,. w2NJg ~ ha~ a~ ofrtota~ eea~ this ,. day of ~ ~V93. CamLesion IcxpLremf FOR l%~fAJfCt IN AFFC~KIABLB HO~SXNO UNIT, ,o. 065 548 · aVe 4 of ? ~' AppendLx B, lxhLbLt I hereby authorLee the teleaae of Lnformation requested on co-Tenant thtl verLfLcatton form. ApplLeant --'-~ ITATI OF FLORIDA ) TH% FOX~OOZN~ was ao~l~9~ ~fore m ~ · wX~sl ~ ha~ a~ offLcLal seal thLs day of , 1993, ,,~'~ ITstaxT ~ublLe ,'=:' ~ CommLmmLon Ix'ImLrmmm Xotmx-y i'-.mblLe Ny CoeeLmmLon IxpLrems Page 5 of 7 hereby verLfy that the fadstaX Lncome tax mum muppXLed Co-Tenant by me is m true aml e~rrec~ c.~y of the rm~urn filed by me for o ) am, · HB FORBGOZJM yam aeknovlmdged before me by . WZTMZII my hand and off/aJaX seaX this day of , 1993. Xy Commtssto~ ~xptrea, ~i · .o~ 065 ,',,~: 550 . ee Page 6 of ? ~eaaa~ aM Co-~eaaat CertifiesfLea. I certify that the information provided in the Preliainary X~lication for Affordable Bousing UnLt and in the XffordabIe Housing Xl~licant Income Verification is tz~e and Gasplets to the best of my knovIedge and belief. Z understand that if ! furnish false or incomplete information on my atplication, innsee verifiaation or theme oez~ifLeation form that riotida law and Collier County OrdLnanoe No. 90-S9 ~Lde for a fLne of up to $500.00 per violation, or Lml~isonment up to 60 days, or bo~h, and that I will be required to vacate the affordable unit. ! understand that ohanges Ln my lnaome vhLah may affe~ my quaILfioation as a tenant eligible for an affordable rental unLt in thLs develop~nt must be reported to the party responsible for axeouting my lease. Z understand that my Lnm mat be varified and :ertified eaah year upon reneval of my lease and that failure to etapieCe annual inaom verifLvation and Lnmse ~ert/fioation will require vaoatLon of the affordable unit. UIrDlxrr)~D XlT OP rll ll)lZOOllIO Cigt~ZrZC3LtlO~I rrxt13(~ltl, ~ QUiltlOllS lZ~Oltl IZ~11~3 Date libel Ot KDRZD& ) ) CO~rrtOtCOM, ZIR) I~3 PO~ZOOINO Nee aoknce,ledged before me by . WINIS my hand and official seal this day of , 1993o CO-TZNXrr Date (::X:~UNTr OF COt, ilia ) ' T~I !q31XOOZNO vas acknovledged before me by . WITNess my hand and offioLal seal this __ day of , 1993. Notary 1~blio Ny CcmmissLon IrpLrees .. 065,, 551 Page 7 of 7 Pursuant to the requirements of the Collier County ~ffordebls Noosing Density Bonus Ordinance No, 90-29~ Section 604~ pleasc complete this form and submit At with any accompanying documents- lion to the Dmlopmen~ lervLces Director, 2800 North Horseshoe Drive, leaplee, Florida 33942, coI~ must also be provided to the Rousing and Urban Zmp, rovemmnt, DLrector, Al1 item requested must be provided. 1. Please s~ate what zoning districts are proposed by the al)plicant, if an~, on the property end the earsage of eaohl site is proposed to be rezo~ed P.U.D. Within the P.U.D. r 24 sinqle family lots will be developed on 2.8 acres and 56 single, 6r ~ti-fa~ttly units o~ 7.2 acres. 2. Has an application for fezcuing been requested An conJunetio~ with the affordable hoGsing density bonus? , ~ Yes No If yes, state date of application Dece~ 14r 17~3 and if the reques~ has beefi spproved, state the ~lnsnse number . 3. Gross de~sLt~, of the DropGlad development. 7.92 units/sara. Gross Bareage of the proposed development. ~0.~ agree· 4. are affordable housing density 1~onuI unite sought in communeS:ion with an epplLoat~on for a planned unit dervelopeent X Yes __ Ko. If yes, please state name end loGaliGn of the PUD end any other information. Timber P~L~q~ P.U,D. I. KNee of applicant Tnm~kslee Nm-Profi~ H~sina. rr~. , Name of lend developer Lf not the sine ss applicant Page I of 3 ~ A,IrFZ,:tCAS~ZOll FOR XFFO1U)ABZ,I S. PIomgo ~l~e the foll~L~ tables as th~ a~ly to ~ ~sed ~ I ~sl ~er of ~s Ln ~ of ~n[~ Rental ~ie IffLcL~ ~het ~ 12 ,~. T~al ~r or Prose use ~ IX ~er of AlloWable W~tine Xfford~le gnLte DensLty Bo~s Ln ~l;nt ~al ~e= Rental ~et :, IffLaLenay 2ledz'oQe 3 eedz'oc~ Page T~sl ~r o~ PrOsed Use ~f~d~le UnL~s Density Bonus in D~el~n~ UnL~e ~ ~er 3 !~r~ ~her ?. Please provide a phyeLoaX description of t~e affordable unAtl by type of unit (moderate, low, v~ry lee Lncome) and by ember of bedrooms. lnolude in ~r des~ril~ion, for ~ssple, the eq~are foodage of eaoh t~e of unit, fl~ ~riqs us~ th~gh~t the unit (ea~iq, tile, vi~l ~1~i~) I wLMw t~e~ta/a~lieneee ~idH rich as ~s~/d~r, dim~aaher, mt~e~ refrlgeratorl bathrn mnities, rich am ceiling exhaust fans/and any other mnitLes as a~lLe~le. Attach addLetoni pges· Please see attached sheet. I. Please supply any other inferfetish whiah would reasonably be needed to address this teresa for an affordable housin~ density bonus for this develoTxuen4:. Attach addLt/onal pegco. Page 3 of 3 Tnc "owner oco~ed" porti~ of the Tambet Ridi~ P.U.D. will cotts~ of 12 single fm~'ly detached three bedroom homes m-xl 12 single family detndx~ fot~bedmom homes, Three Bedroom 1,050 s.f. Four Bedroom 1,117 s.£ · d~a~sher Each home will inchxlc a single nsr garage and air conditttrting. STATI OF FLORIDA ) COUNTY OF COLLIER ) l, DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the ~oregoing is a true copy ofz Ordinance No. 94-23 which was adopted by the Board of County Commissioners on the 12th day of April, 1994, during Regular Session. WITNESS my hand and the o~ficial seal of the Board of County Commissioners of Collier County, Florida, this 15th day of April, 1994. DWIGHT X. BROCK Clerk of Courts and Clerke%~,~[2,~' #~/~" Ex-officio to Board County Commissioner -~."': ~ ' "'.."Z. i ~y ~/. "..: .'. :/s/Maureen Kenyon ~,.~ . .. Deputy Clerk '* ". :' · I]65 , -557