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J ,-.• '� 'a A ca o U co 0 0. a W �F7 v 7 .` x'srT 2 Ai - ---f Moldable Federal Reserve housing grants • ,...F4 Coffier Kat , .... ordered By Paul Wbouna Fed le P to r +i limn low interest rates into WASHINGTON—The Federal Re- $320,000 � mkt serve offered super�low interest rates h for two more years Tuesday -- an t up 429 points in unp nred step to arrest an sea- d HUD wants money fatal hour after ti str ii back after projects days of drastic and finished awed daywitha tc fail to break ground declines rally was remarkabiy fast—rte ti Dow Jones industrial average was still 1 By Igithighollbsa down for the day with less tlsan an tl ltabersemietanwutoza Over the next two years, Collier County government will have to pay back more than$300,000 to the U.S. •-. . es t of Housing and U , Development. S cally,money that Co�County received ,_. through HUD's HOME pro- gram will be sent back to the nccyy in two installments —$1 (000in2N1-l2andthat amount again in 201213. But the reason why county ofSoiatn are pa back the , y} HOME finds,d ted fiat affordable housing projects, seem to be in question. A , ` Collier County govern- � 1 ment used the A to help purchase the land Cirrus Pointe,a failed aford- abk Jewel in East Naples The teed into an with � the Collier County Housing ` Development Corp. in De- ,� r oenaber 2003 to provide the ; ms y for the project,as well as of HOME funds to pay the Housing De ,.., ment Corp a developer fee The money was spent Dec. ' 15,2005,to acquire the land. "The project did not go vertical,"said Margo Can- ,t. fig,. with totem,grants manager the Housing Humana nd Vet- __ s erans Services Department. took a terrific dip across nation.._It was '" ;� not feasible to go forward. . The contractor could not " i , bring the project' to mom. Pto eaty Bitlah akbun s ae hontes Reeves Caon o tr ogdoa ooatal n s oth the c ounWl ondon.s on w 1 zeada' un#HUD !aPag 4A t Inside ardap tom. r rs r°sc"as a a °sat ,South 2A 02-4 BACKGROUND he Housing, Human and Veteran Services Department administers all affordable housing grant and assistance programs for Collier County. Collier County receives funding from several affordable housing programs administered by the U.S. Department of Housing and Urban Development (HUD), including the Home Investment Partnership (HOME) program. The HOME program provides funding to state and local governments to provide housing to low/moderate income households and covers expenses related to down payment assistance, operating expenses, and public education/training classes. In a letter dated August 20, 2006, Commissioner Frank Halas noted concern over the expanded use of HOME funds and contracts with external entities to increase the county's affordable housing inventory. Given the high risk inherent with affordable housing programs, Commissioner Halas wanted to be certain that the county had the appropriate controls and procedures in place. As a result,Commissioner Halas formally requested the Clerk to perform an audit of the county's affordable housing programs,especially programs using HOME funds. One contract brought to Commissioner Halas' attention by a constituent was between the county and the Collier County Housing Development Corporation (CCHDC) for the Cirrus Pointe Development. The CCHDC was founded in 2003 to help the community more adequately address the lack of affordable housing in Collier County. The proposed Cirrus Pointe Development was a 106 unit condominium construction project, with 32 units designated for moderate to low income residents. The CCHDC would own the 32 affordable housing units and contract with a developer to build the units. Upon completion, the CCHDC would manage and be responsible for locating and securing qualified individuals to purchase the affordable units. On December 15, 2005, Collier County awarded $320,000 in HOME funds to the CCHDC, which in turn gave the funds to the Developer for the land acquisition of the Cirrus Pointe Development. Clerk's staff met with Commissioner Halas to discuss the methodology of the audit. Commissioner Halas explained ot is confusion about the role of an internal auditor compared to an external auditor(e.g. KPMG). He had been advised • by the county attorney's office that any internal audit would simply duplicate what was being done by the external auditor. Clerk's staff explained to Commissioner Halas that an external auditor uses higher materiality thresholds to govern the audit work performed, while an internal auditor considers risk and reviews internal controls with much greater scrutiny. Even though Commissioner Halas formally requested that the Clerk audit the county's affordable housing programs, the Clerk was denied the opportunity when the Board of County Commissioners (BCC), during the September 12-13, 2006 meeting,approved 4-1 to hire KPMG,the county's external auditor, to perform the audit. Commissioners Halas, Coyle,Coletta,and Fiala all voted to approve the hiring of KPMG,while Commissioner Henning dissented. Please note, at the time of Commissioner Halas's request, the county was in litigation against the Clerk over the Clerk's constitutional right to perform post-audits of county funds(Case#2D07-4549). SUMMARY The purpose for this report is to provide an update on the events that have occurred through July 31,2011. After being denied the opportunity to audit the county's affordable housing programs, the Clerk's Internal Audit staff reviewed information from the Clerk's Finance Department and documents available in state and county public records. The following is a timeline of events involving the CCHDC and Cirrus Pointe Development that was established by this review: • September 9, 2003, Item 10B recommended that the BCC approve funding in the amount of$98,000 for the creation of the Housing Development Corporation (HDC). The approval included the HDC entering into a one-year contract with the BCC. The contract would establish measurable deliverables and benchmarks in order for the HDC to access the$98,000; 3 2 a . q • September 22, 2003,the CCHDC filed with the Florida Division of Corporations as a non-profit entity with W. Jeffrey Cecil listed as the Registered Agent, Treasurer and Director. Mr. Cecil is an attorney with Porter, Wright,Morris,and Arthur; • March/April of 2004, the county entered into a contract with the CCHDC that defined 10 deliverables the CCHDC had to meet in order to receive the$98,000 in funding; • June 16, 2004, Collier County paid $68,000 to the CCHDC for start-up costs. Per the invoice, the CCHDC accomplished 7 of the 10 deliverables defined in the contract; • October 5, 2004, the CCHDC contacted Collier County regarding funding opportunities for an affordable housing project at the intersection of Thomasson and Bayshore Drives (aka Cirrus Pointe); • October 19, 2004, Cirrus Pointe Partners, LLC registered with the Florida Division of Corporations as non- profit entity with W.Jeffrey Cecil listed as the Registered Agent; • October 20, 2004, Collier County paid$20,000 to the CCHDC for start-up costs. Per the invoice,the CCHDC accomplished 2 of the remaining 3 deliverables defined in the contract; • December 8,2005,Collier County certified the CCHDC as a Community Housing Development Organization (CHDO). The county noted in a letter dated February 6, 2006 that the certification would be provided to HUD's Miami office; • December 15, 2005, Collier County and the CCHDC finalized a HOME Subreceipient Agreement in the amount of $320,000 for the Cirrus Pointe Development land acquisition. As required by HUD, $115,000 (15%) was designated as CHDO set-aside; • December 21,2005,Collier County made the$320,000 payment to the CCHDC; • February 22, 2006, Collier County paid $7,500 to CCHDC for operating costs related to the closing of the Cirrus Pointe land acquisition. The source of funds was from the HOME program. The law firm of Porter, Wright, Morris, and Arthur acted as the settlement agent for the closing and received$8,555 for their services. As noted earlier, W. Jeffrey Cecil is the Registered Agent, Treasurer and Director for the CCHDC; the Registered Agent for Cirrus Pointe Partners, LLC; and an attorney with Porter, Wright, Morris, Arthur Law Firm. This created a conflict of interest; • February 28, 2006, Collier County paid $10,000 to CCHDC as final payment for start-up costs. Per the invoice,the CCHDC accomplished the one remaining deliverable defined in the contract; • August 22, 2006, the Clerk receives letter from Commissioner Halas formally requesting the Clerk to perform an audit of the county's affordable housing programs; • September 6, 2006, in an interview with Clerk's staff to discuss the approach and methodology of the audit, Commissioner Halas explained his confusion about the role of an internal auditor compared to an external auditor (e.g. KPMG). He had been advised by the county attorney's office that any internal audit would simply duplicate what was being done by the external auditor. Clerk's staff explained to Commissioner Halas that an external auditor uses higher materiality thresholds to govern the audit work performed, while an internal auditor considers risk and reviews internal controls with much greater scrutiny. • September 12-13 2006,the BCC discussed the merits of having the Clerk or KPMG,the external auditor,audit the county's affordable housing programs. The BCC approved 4-1 to hire KPMG to perform the audit. Commissioners Halas, Coyle, Coletta, and Fiala all voted to approve the hiring of KPMG, while Commissioner Henning dissented. • September 2006, KPMG released its Single Audit Report for Collier County. There were 20 findings noted in the report; 19 pertained to Collier County's administration of federal and state affordable housing programs, including the HOME program. Five findings were specific to the CCHDC/Cirrus Pointe Development. Of the 19 findings, 10 were considered to be material weaknesses. As a result, KPMG issued an adverse opinion on Ail A the county's compliance with the HOME program's requirements. However, KPMG did not include in the Single Audit Report the Clerk's response to a conflict of interest audit finding (2006-4) on the basis that the financial impact did not meet materiality thresholds. The amount in question was the $320,000 in HOME funds awarded to the CCHDC; 4 2A - • November 2007, Item 10X placed on BCC Agenda to extend the HOME Subrecipient Agreement between Collier County and the CCHDC. The HOME Subrecipient Agreement expired in May 2007 without any g#s contractual milestones being completed; • January 2008, the Clerk received a letter from HUD's Director of Program Integrity noting that HUD had opened a case to investigate a possible conflict of interest regarding the award of HOME funds based on documentation provided by the Clerk; • March 26, 2008, the Collier County Attorney's Office was informed of HUD's investigation of a potential conflict of interest involving HOME funds awarded to Collier County; • April 13, 2010, Item 16K1 recommended the BCC approve filing a lawsuit against the CCHDC and Cirrus Pointe Developer to recover the$320,000; • November 9,2010,Item 12A recommended the BCC approve a settlement offer proposed by the CCHDC. As part of the settlement, the county would receive a subordinate lien position to the mortgage on the Cirrus Pointe Development property. The BCC voted unanimously to accept the settlement offer. The lawsuit against the Cirrus Pointe Developer is still ongoing; • July 26, 2011, Item 10H recommended the BCC approve the Collier County 5-Year HUD Consolidated Plan for FY 2011-2016; One Year HUD Action Plan FY 2011-2012 and the revised Citizen Participation Plan. Included in the Executive Summary was a brief two sentence statement that the One Year HUD Action Plan FY 2011-2012 included an additional decrease of$160,000 in HOME funds to reimburse HUD for the Cirrus Pointe Development which was not completed. During the presentation to the BCC, county staff elaborated that this was an offer by HUD to decrease the county's HOME entitlement by$320,000 over a two year period ($160,000 per year) instead of the county using $320,000 in general funds to pay back HUD. The BCC approved the agenda item 4-1, with Commissioners Coyle, Coletta, Fiala, and Henning approved the recommendation and Commissioner Hiller dissented. • April 9, 2013, Item 16.D.2 recommended the BCC approve substantial amendments to the FY2011-2012 and FY2012-2013 Action Plans for repayment of U.S. Department of Housing and Urban Development (HUD) HOME Initiative Partnership (HOME) funds for Activity#195 Cirrus Pointe (FY2005-2006). and authorize necessary budget amendments. On October 16, 2012, the County received written notice from HUD with a Request for Voluntary Reduction for Ineligible Expenditures HOME Program stipulating a change to the original agreement and advising the County the entire amount of$320,000 would be deducted from FY2012- 2013 funds. The change will impact the availability of HOME program funds for FY2011-2012 and FY 2012- 2013. The amendments increase HOME project funds by$160,000 in FY2011-2012 and reduce FY2012-2013 by$160,000. HHVS staff failed to establish a contractual relationship, award grant funds, and monitor progress of the CCHDC/Cirrus Pointe Development in accordance with federal regulations and HOME program requirements. As a result, HUD is now requiring the county to repay the $320,000 awarded to the CCHDC for the Cirrus Pointe Development land acquisition. SCOPE At the time of this initial review,the Clerk was in litigation with the county concerning the Clerk's constitutional right to post-audit county funds(Case#2D07-4549). As a result,the Clerk was limited to performing the following tasks: • Compiled information from the Clerk's Finance Department and documents available in state and county public records; • Interviewed HHVS and HUD staff; • Reviewed the HOME Subrecipient Agreement and related documents between the county and the CCHDC; • Reviewed minutes from BCC meetings related to affordable housing,CCHDC,and Cirrus Pointe; • Reviewed Code of Federal Regulations(CFR)and HUD HOME program requirements. 5 2Pv - OBSERVATIONS The following observations consist of the five audit findings from KPMG's 2006 Single Audit Report related to the CCHDC/Cirrus Pointe Development. Included with the observations are management responses provided by HHVS and corrective action taken by HHVS. Also, included in finding 3) is the Clerk's response to the conflict of interest issue that was omitted from KPMG's 2006 Single Audit Report. 1) Funds awarded to CCHDC prior to receiving CHDO Certification. Finding 2006-2 Federal Agency: U.S.Department of Housing and Urban Development Program: Home Investment Partnerships Program(HOME) CFDA Number: #14.239 Criteria: A Community Housing Development Organization (CHDO) is a private nonprofit community-based service organization formed for the purpose of developing affordable housing for the community it serves. A CHDO is a specific type of nonprofit entity that must meet certain requirements pertaining to legal status,organizational structure, capacity and experience. To qualify as a CHDO, a non-profit organization must meet the criteria listed in the HOME regulations(92.2)and further described in HUD's "Building HOME". Conditions: We noted the following with respect to documentation of the requirements to qualify as a CHDO: Collier County Housing Development Corporation(CCHDC) • The "Building HOME" guide states the following: "A CHDO must provide a formal process for low income program beneficiaries to advise the CHDO on design, location of sites, development and management of affordable housing. The process must be described in writing, and must be included in the organization's by- f" laws or a board resolution."CCHDC's formal process was not included in either the organization's by-laws or a board resolution. As such,it does not appear that CCHDC met all of the CHDO criteria. • Although the County ultimately determined that CCHDC met the criteria associated with low-income board representation, documentation in the file did not initially support this conclusion. It appears that the controls associated with CHDO certification were not working effectively. • The County awarded$115,000 of CHDO funds to CCHDC on 12/14/05. The County did not formally certify CCHDC as a CHDO,however, until 02/06/06. The certification letter indicated the effective certification to be 12/08/05. As such, it appears the County awarded CHDO funds prior to obtaining all necessary CHDO documentation. General • A maximum of 1/3 of the board of a CHDO may consist of representatives of the public sector. Each CHDO provided the County with annual lists of its board members; however these lists did not identify members that would be considered "public sector". This information was later provided to the County, who determined that the maximum limits were not exceeded in any case. Recommendation: We recommend formal policies and procedures with respect to CHDO certifications. The policies should address initial CHDO certification as well as CHDO re-certifications, and require completion of an annual checklist. For initial certifications, the County should have documentation to support each item on this checklist. Documentation required for re-certifications should also be described. To ensure proper controls are in place, we recommend coordination of CHDO documentation by one individual and review and approval by another. 6 2Acse Management's Response: Collier County Housing Development Corporation(CCHDC) • Low Income Community Input: The by-laws of CCHDC include a statement of compliance that CCHDC would create a "process for low income community input." CCHDC did adopt by Board motion a formal written process for low income community input. CCHDC's actions since its inception have reinforced this policy. CCHDC has now adopted an official corporate resolution on January 11, 2007 validating that their official policy of low income community input has been in existence since creation of the organization. • Low income Board representation: As part of the County's CHDO Certification checklist process, low-income board participation is verified by staff. CCHDC has always and continues to maintain their required minimum number of low income board members. • CHDO Certification Date: The certification process for CCHDC occurred over approximately a 9 month period. On December 8, 2005 county staff attended the Board meeting where the CCHDC adopted the two remaining policy items, thus completing all of the HUD checklist requirements for their CHDO certification status. General Collier County is confident that all three organizations have been appropriately certified as Community Housing Development Organizations(CHDOs)and that all expenditures are in compliance with HUD HOME regulations. The HUD CHDO Certification checklist will continue to be used annually for recertifying all organizations seeking CHDO status in Collier County. Corrective Action: A checklist has been developed into the agreement process. Management will review and approve all significant steps prior to disbursement. 2) CCHDC did not qualify as a project"Developer"as defined by the HOME program. Finding 2006-3 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program(HOME) CFDA Number: #14.239 Criteria: Within 24 months after HUD notifies the participating jurisdiction (PJ) of HUD's execution of the HOME Investment Partnerships Agreement, the PJ must reserve not less than 15 percent of the HOME allocation for investment only in housing to be developed, sponsored, or owned by CHDOs. (24 CFR 92.300(a)). This 15% allocation is referred to as"set-aside"funds. The "Building HOME" guide states the following with respect to qualifying as a CHDO "developer": If the CHDO does not own the property,it must be under a contractual obligation with the owner to obtain financing and rehabilitate or construct the project. Under this scenario,the CHDO assumes all of the risks and rewards associated with being the project developer. A written agreement between the CHDO and the property owner must detail the CHDO's specific obligations. Conditions: The County entered into a contract with CCHDC on December 14, 2005 to provide$350,000 of HOME funds (including $115,000 of CHDO set-aside funds) for a mixed-income condominium development. CCHDC is termed as a "sponsor" in the contractual agreement. The County has indicated, however, that it believes CCHDC is fulfilling the capacity of a CHDO"developer"on this project. 7 2 A Based upon the "Building HOME" guide and our review of the contract documents, it does not appear that CCHDC met the conditions to be considered a"developer". CCHDC was not responsible for obtaining project financing and is not assuming all risks/rewards associated with being the developer. Additionally, CCHDS's specific obligations as a developer are only described in general terms in the joint venture agreement. Recommendation: We recommend thorough research and review of CHDO requirements prior to entering into a contractual agreement. Additional review and approval procedures should be developed with respect to CHDO expenditures to ensure that all conditions are met prior to the release of any CHDO funds. We recommend formal documentation of all CHDO requirements and controls. Management's Response: Collier County reviewed HUD HOME rules and made the determination that the Collier County Housing Development Corporation(CCHDC) was acting as a developer in the case of the Cirrus Pointe project. The joint venture agreement between CCHDC and Jim Fields states that both parties are responsible for the development of the project. This contractual agreement details the property owner and the CHDO's specific obligations to bring this project from conception to completion. "The parties desire to form a joint venture for the development and sale of the parcel according to this agreement. The parties hereby create a Joint Venture for the construction and sale of 108 residential condominium units on the parcel." In addition,the CHDO will be involved in efforts to secure additional financing for this project and the prequalification and sale of the affordable units. HUD encourages CHDO's to develop partnerships in order to more successfully develop,construct,finance and sell affordable housing. According to HUD regulations a CHDO is defined as a"Developer" when it "has a contractual obligation to a property owner to develop a project." In addition, "In the Developer role, the CHDO carries out some or all of the principal project development activities." (Building HOME pages 8-12 and 8-15). orptit On January 16,2007,staff requested clarification form the Miami HUD office on this matter. Corrective Action: Attend training on CCHDO's sponsored by the National Association for County, Community and Economic Development in June, 2007 and update the certification checklist and policies and procedures to reflect the training within 30 days. 3) CCHDC did not have effective project control of the Cirrus Pointe Development at the time HOME funds were expended. Finding 2006-4 Federal Agency: U.S.Department of Housing and Urban Development Program: Home Investment Partnerships Program(HOME) CFDA Number: #14.239 Criteria: HOME regulation §92.220(a)(1) states the following with respect to set-aside funds for Community Development Housing Organizations (CHDOs): "The funds must be provided to a community housing development organization, its subsidiary, or a partnership of which it or its subsidiary is the managing general partner. If a CHDO owns the project in partnership,it or its wholly owned for-profit or non-profit subsidiary must be the managing general partner. In acting in any of the capacities specified, the community housing development organization must have effective project control." Conditions: The County entered into an agreement with CCHDC on December 14, 2005 to provide the $320,000 of HOME funds (including $115,000 of CHDO set-aside funds) for development of a mixed-income condominium tw,,- project and $30,000 of HOME funds to pay CCHDC a developer fee. The$320,000 was expended on December 15, 2005 to acquire land and the initial payment of$7,500 of developer fees was paid. 8 1 A ..**- M." CCHDC entered into a joint venture (JV) agreement with James Fields/Cirrus Pointe artners (the Venturer) on November 30, 2005 to develop a multi-family condominium project. Thirty-two units in this project are to be sold to income-eligible homebuyers. CCHDC agreed to contribute$320,000 of HOME funds to the project. ased upon our review of the JV agreement, CCHDC was not designated as the managing general partner and did not have effective project control at the time HOME funds were expended. The Joint Venture Agreement states, among other things,the following: The Venturer(as defined above)"shall supervise and direct the work related to the Project. Venturer shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions off the work under the contract documents." The JV agreement also states that "a failure of the parties to agree on any issue necessary for successfully carrying out the JV will result in submission of the question to mediation." Recommendation: We recommend the County review any future JV agreements that are associated with CHDO set- aside funds and ensure that the requirements described above are met prior to the expenditure of HOME funds. Management's Response: Collier County will continue to review all joint venture (JV) agreements as an integral part of its evaluation of HOME CHDO projects and their compliance with HUD regulations. The Clerk also responded to this audit finding, however, KPMG did not include it in the 2006 Single Audit Report. The Clerk's response was as follows: The Clerk provided notification,to the external auditor of a potential conflict of interest violation related to the HOME project (a mixed-income condominium development) described in this finding. Documentation indicates that there may be a conflict of interest violation of 24 CFR 92.356 associated with the grant expenditures. Collier County executed grant agreements for Cirrus Pointe and Copeland, representing HOME and Community Development Block Grant (CDBG)funds. W. Jeffrey Cecil served as Chairman of the Affordable Housing Commission, an advisory arm of the Board of County Commissioners, which reviewed and recommended approval of these grant projects. Mr. Cecil also served as a Board member of the non-profit entity receiving the grant funds (Collier County Housing Development Corporation), as well as Partner-in-charge for a law firin that has represented Mr. Jim Fields(Principal of Cirrus Pointe, LLP)in numerous other land deals and received payment for a number of legal services related to the Cirrus Pointe grant. Legal services included title insurance and attorney's fees. This law firm is slated to perform closings on each of the 108 individual units associated with Cirrus Pointe, which could yield benefits equating to hundreds of thousands of dollars. In essence, the law firm is representing both the non-profit entity receiving grant funds as well as the developer charged with constructing the units and recommending to the Board of County Commissioners, as an Advisory Board member for the Board of County Commissioners, that they approve this expenditure. Given the scenario described, there is a potential conflict of interest with 24 CFR 92.356 (HOME) and 24 CFR Part 570 (CDBG). Although the external auditor did not believe that the dollar value of the benefit received in this case warranted a management comment, it is our belief that dollar value is not a consideration for a potential violation of federal regulations,but the potential benefit involved is in fact material. What is also disturbing is that the Cirrus Pointe project has yet to break ground as of today, June 14, 2007, even though the County distributed funds in December 2005 and the construction of the first three buildings was to have been completed by August 31, 2006; construction of the second three buildings was to have been completed by November 30, 2006 and construction of the final three buildings was to have been completed by February 28,2007. Corrective Action: Staff modified language to eliminate the perceived ambiguity and attended Joint Venture training I in April 2007. Policies and procedures will be updated to reflect the training by June 30,2007. 9 2 A 4) The HOME Subrecipient Agreement did not enforce the future affordability for the Cirrus Pointe Development. Finding 2006-12 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program(HOME) CFDA Number: #14.239 Criteria: HOME regulation §92.504(3) describes the provisions that must be in written agreements with a"for-profit or nonprofit housing owner,sponsor or developer". This regulation states, among other things,the following: Section (ii) Affordability: If the owner of developer is undertaking homeownership projects for sale to homebuyers in accordance with §92.254(a), the agreement must set forth the resale or recapture requirements which must be imposed on the housing. Section(vii) Enforcement of the agreement: The agreement must provide for a means of enforcement of the affordable housing requirements by the participating jurisdiction or the intended beneficiaries. This means of enforcement may include liens on real property, deed restrictions or covenants running with the land. The affordability requirements in §92.252 must be enforced by deed restriction." Conditions: We noted the following with respect to contractual agreements with non-profit housing developers: Collier County Housing Development Corporation (CCHDC) Section(ii) The HOME agreement(Part V,Sections D and E)states that CCHDC must comply with the affordability requirements under 92.254. The agreement does not,however, specifically address the resale or recapture provisions of 92.254(a). Section(Vii) The County entered into an agreement on 12/14/05 to provide $350,000 of HOME funds for a mixed income condominium development. HOME funds totaling $320,000 were expended on December 19, 2005, however there was no "enforcement of the agreement" as described above. A promissory note and mortgage (including affordability requirements)were executed on November 2,2006. General We noted other provisions (as described in §92.504(3)) that were not specifically addressed in the contractual agreements but per the County, were covered under an all encompassing statement that requires compliance with 24 CFR. Recommendation: We recommend the County carefully review the language of all HOME contracts to ensure compliance with 24 CFR 92.504. Written agreements should specifically address each provision as described in this HOME regulation. Management Response: Collier County will review all contractual agreements to ensure they comply with all requirements of 24 CFR including 92.504. Regarding the Big Cypress deed restrictions referenced above,the developer requested an additional change to reflect a revised legal description. This revision is in process and will be completed in March 2007. Corrective Action: Appropriate language was added to the agreement. All agreements are reviewed by the County Attorney's Office. Staff will pursue review by HUD source for compliance with HUD legal sufficiency. 10 . . i A-C,C2--- 5) An environmental review was not completed for the Cirrus Pointe Development. Finding 2006-13 MIFFederal Agency: U.S. Department of Housing and Urban Development Program: Community Development Block Grant(CDBG) Home Investment Partnerships Program(HOME) CFDA Number: #14.218,#14.239 Criteria: HOME regulation § 92.352 requires that the environmental effects of each activity carried out with HOME funds be assessed in accordance with the provisions of 24 CFR Part 58 — "Environmental Review Procedures for Entities Assuming HUD Environmental Review Responsibilities." Completion of the environmental review process is mandatory before taking a physical action on a site, or making a commitment or expenditure of HUD or non-HUD funds for property acquisition, rehabilitation, conversion, lease, repair or construction activities. (HUD Notice CPD-01-11) The County must maintain a written record of the environmental review undertaken for each project (known as the Environmental Review Record or ERR), which includes documentation described in 24 CFR §58.38. Conditions: At the time of our initial audit testwork in August 2006,an environmental review had not been performed for the Collier County Housing Development Corporation. Land was acquired on December 19, 2005 using$320,000 of HOME funds. This project was subject to a full environmental assessment in accordance with 24 CFR 58.36. Recommendation: The County has now completed an Environmental Review Record for each of the above mentioned projects. Environmental reviews should be completed for each project prior to IDIS set-up and prior to expending any grant funds. To ensure completion of environmental assessments, we recommend implementation of oversight controls. After each ERR is completed, it should (1) be signed and dated by the appropriate staff member and (2) be reviewed and approved by management. The approved ERR should then be forwarded to the person responsible for IDIS set-up (to initiate this process) and subsequently placed in the appropriate file. We recommend the County update its policies and procedures to document all controls and processes associated with environmental reviews. Management Response: Collier County concurs with this finding and as indicated in the recommendation above has already implemented additional environmental practices and procedures. Consequently, our positive completion of all environmental reviews and implementation of additional practices and procedures has validated all HUD eligible activities and any and all questioned costs associated with these and future projects. Corrective Action: As stated above,additional environmental practices and procedures have been implemented. CONCLUSION As documented by the timeline established by the Clerk and KPMG's 2006 Single Audit Report, HHVS staff failed to establish a contractual relationship, award grant funds, and monitor progress of the CCHDC/Cirrus Pointe Development in accordance with federal regulations and HOME program requirements. As a result of these control weaknesses, HUD is now requiring the county to repay the $320,000 awarded to the CCHDC for the Cirrus Pointe Development land acquisition. The Clerk provided a response to KPMG's 2006 Representation Letter to further explain the conflict of interest issue (Observation #3) noted above. However, Chip Jones, KPMG Managing Partner, would not accept the Clerk's response,instead choosing to use the response provided by the county. 11 INSTA 4832633 OR 4914 PG 3275 RECORDED 5/2/2013 9:43 AM PAGES 19 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA A REC-$163.00 2 „„ This instrument prepared by: Colleen M.Greene,Assistant County Attorney Office of the County Attorney 3299 Tamiami Trail East,Suite 800 Naples,Florida 34112 239-252.8400 AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE AND SECOND MORTGAGE AND SECURITY AGREEMENT STATE OF FLORIDA } __ COUNTY OF COLLIER } BEFORE ME, the unde'rsi ed.-authority 44ng duly sworn, deposes and states as follows: (" /l \it 1. Affiant, �qen , ss11t Curty trney, counsel on behalf of Collier County, a political s bdiylston of-ift a Steal'Florida, .makes this Affidavit in such capacity on its behalf. �ti 2. On October 12,\ 1.0 Housing Develo .msegt Corporation of SW Florida, Inc., formerly known as Collier Coun �u 1 bevel? }Aril Corporation, a Florida not-for-profit corporation("Assignor")executed in'fave*.61-1 :.Cio nty,a political subdivision of the State of Florida, ("Assignee")an Assignment of Promissory Note and Second Mortgage and Security Agreement ("Assignment" a copy is attached hereto as Exhibit "A") conveying a certain Promissory Note dated November 2, 2006, in the original principal amount of Three Hundred Twenty Thousand and 00/100 Dollars ($320,000.00) ("Note") and said Note is secured by a Second Mortgage and Security Agreement dated November 2, 2006, given to Assignor, by Cirrus Pointe Partners,LLC,a Florida limited liability company,as recorded in Official Records Book 4137, Pages 159-166, in the Public Records of Collier County, Florida ("Second Mortgage"). [A copy of the Assignment is attached hereto as Exhibit `B" and is a true and correct copy of the original.] 3. The Assignment was a condition of a settlement in the lawsuit styled Collier County, a political subdivision of the State of Florida v. Collier County Housing Development Corporation, et al.; Case No. 10-2532-CA, filed in Collier County Circuit Court. [See letter attached hereto as Exhibit"C".] 4. On November 9, 2010,the Board of Collier County Commissioners approved the settlement and acceptance of the Assignment. [See Board Recap and Executive Summary i attached hereto as Composite Exhibit"D".] Page 1 of2 oR 4914 PG 3276 ,t L 2 tk 44, 5. Affiant has concluded that due to change in office personnel and excusable neglect the original Assignment of Promissory Note and Second Mortgage and Security Agreement has been lost,misplaced,or destroyed before same could be recorded. 6. The Assignee is the current owner of the Assignment and has not further assigned or transferred said Assignment to any other person or entity. 7. This affidavit is made to record this instrument executed and acknowledged by Collier County, a political subdivision of the State of Florida,in place of said lost,misplaced,or destroyed assignment. Dated this os day of M 41-6/7 ,2013. , - -sVR 1,11_ltia44 /1 • f }° CO EEN M.GREENE / ASSISTANT COUNTY ATTORNEY / _- z. The undersigned, be' g I�i©.t y,,,)xldbll fox.. k SAate2,,of Florida, hereby certifies that Colleen M. Greene, appeated ef6re J fn t is r a c)df\(Y Li.\ and is personally known to me and afe hkvi �b)e worn,stakted t is she affixed her signature to the above and foregoing do4n t°an�tl atMthe sfa ents o f u 51 therein are true and correct to the best of her knowledge.\;;°'� ,,, , \ >. , ''4 � ;;w,,,� SANDRA HERRERA M __ ignature o otary Public 0 �` Notary Public-Stale of Florida ' I •, My Comm.Expires Nov 20,2016 /�� •,— Commission!EE 037583 0 r� PFfr� 1 '''•c:%Ts BondedtbroughNationalNotuyAun. ► Name off No Typed,Printed,or Stamped kl itil6 ommission Expires 10-2532-CAn387 U Page 2 of 2 OR 4914 PG 3277 2 A i EXHIBIT 1 tAli ' PROMISSORY NOTE November•e(,2006 • $320,000.00 Naples,Collier County,Florida FOR VALUE RECEIVED, the undersigned (the "Borrower") promises to pay to the order of • Collier County Housing Development Corporation, a Florida not for profit corporation (the . "Lender"), the principal sum of THREE HUNDRED TWENTY 'THOUSAND DOLLARS . ($320,000.00),or so much thereof as shall have been advanced from time to time by the Lender to the Borrower and the Borrower further promises to pay to the Lender interest on the principal amount evidenced hereby from time to time outstanding..at five percent(5.0%)per annum.. • Borrower shall have the righf I ny`irne-froth. to time, to prepay'the unpaid principal, but with accrued interest t4 date of such prepaynteht on any amount prepaid. The entire principal balance plus accru /Interest-call be due and payable on December 31, 2010 ("Maturity Date"); provided, I}ow er,'that a NS turityl a ate shall be extended so long as the Borrower is diligently purse' th •/Ai f3 a dahle housing,as defined in �,, that certain Joint Venture A e enL d as o ' .3QY' dai o November, 2005, between Borrower and Lender (h • t min") th term- if l c r are by this reference incorporated herein as fully as'', tten here . l ro ed,'`" • „%that if Borrower fulfills the terms of the JV Agreement and�cgiletes construction o2 uun�its . r ordable housing and said units are encumbered by approp y `Mortgages to Lender Each', i.- amount of$10,000.00 and each satisfactory to the County l� �agt�of Collier County,Jl a or his or her designee,then this Note shall be deemed satisfied. ,;.-11, -...._.�_ ;- ` ,: I. This note is referred to as e- ote" in that certain Second Mortgage and Security Agreement (the "Mortgage") of even date herewith from the Borrower to the Lender and is secured by and is subject to all of the benefits, terms and conditions of the Mortgage, together with any other instruments executed and delivered by the Borrower to the Lender as security for and securing the indebtedness evidenced by this Note and other obligations of the , Borrower to the Lender(collectively"Obligations"). 2. The occurrence of any one or more of the following events, circumstances, or conditions shall constitute a default hereunder("Event of Default"): (a) failure of the Borrower to pay to the Lender promptly when the same shall become due(whether at scheduled maturity, upon acceleration or otherwise)any portion of the Obligations,including,but not limited to,any installment of principal or of interest due under this Note or any other instrument evidencing or securing the Obligations or any fees owing to the Lender; or(b) the occurrence of any one or more Event of Default under the Mortgage or any other agreement between the Lender and the Borrower;or(c)a default under any loan,whether now existing or hereafter committed or made from the Lender (with or without participating Ienders) and/or from the Lender's affiliates or subsidiaries to the Borrower,or(d) a default under that certain Joint Venture Agreement dated as of the 30th day of November,2005,between Borrower and Lender(herein"JV Agreement"),the ,,--4 , 4 terms of which are by this reference incorporated herein as fully as if rewritten herein. At any time after the occurrence of any such default,the indebtedness evidenced by this Note and/or any note(s) or other obligation(s) which may be taken in renewal, extension, substitution, or I • OR A914 PG 3278 I P 2 A.- - .. • . • ,,... ,.. . , . • • . • • 1 , ..• 1 i •. , . modification of all or any part of the indebtedness evidenced thereby and all other obligations of • the Bower to the Lender howsoever crested and existing under the?om Aereement and/or the Mortgage shall immediately become due and payable without demand upon or notice to the • Borrower, and the Lender shall be entitled to exercise the other remedies set forth in the Loan . Agreement,the Mortgage or as provided by law. 3, Upon the occiitrenoe and during the continuance of any default hereunder, the Lender is authorized, without notice to the Borrower (the giving of notice being expressly . waived by the Borrower) to set off and apply any indebtedness owing by the Lender to the •• Borrower against the indebtedness- evidenced by this Note, although then contingent or unmatured. The Lender agrees to notify the Borrower after any such setoff and application; provided, however,the failure to give such notice shall not affect the validity of such setoff and application. The rights of the Lender under-147pgapik3 are in addition to any other rights and remedies which the Lender may I .v :`,-. �,,6 \ 4. 'The Lender mayfelthis Note and deliver the transferees)all or any of the property then held by the Le /ash ecurit --f'or ndebtednea'' evidenced by this Note ("Collateral")and the transfer e(s)shalfther i or r.ecome vested\,witli,all the powers and rights herein given to the Lender 'th .•:; tb % 1e• \} shall thereafter be forever relieved and fully discharg fro .'.y ab it►dr r-,' l i m th matter, but the Lender shall retain all rights gh and pow _yL _a, sect te y Cotta eral not so transferred. 5. The Borrower ',Y, , waives presen f t or/ ent, demand, notice of dishonor and protest and agrees+' 1 any Collateral,I duo ght of setoff securing any indebtedness evidenced by this Note a: from time to time<fit yuliole or in part,be exchanged or released, and any person liable on '%thy 6te may be released—all without notice to or further reservations of rights g-'' "tl 4.ihovsrer,any indorser,surety or guarantor. and all without in any way affecting or releasing the liability of the Borrower, any indorser, - surety or guarantor, and (ii) none of the terms or provisions hereof May be waived, altered, - modified or amended except as the Lender may consent thereto in writing. . 6. The Borrower hereby agrees to pay all out-of-pocket costs and expenses, including reasonable attorney's fees,incurred by the Lender in the collection of the indebtedness -- evidenced by this Note or in enforcing any of the rights,powers,remedies,and privileges of the Lender hereunder. As used in this Not;the term"attorney's fees"shall mean reasonable charges and expenses for legal services rendered to or on behalf of the Lender in connection with the collection of the indebtedness evidenced by this Note at any time whether prior to the • commencement of judicial proceedings and/or thereafter at the trial and/or appellate level and/or •• in pre-and post judgment or bankruptcy proceedings. 7. Both principal and interest of this Note shall be payable in lawful currency of the .• United States of America to the Lender at 895 10th Street South,Suite 202C,Naples,FL 34102, - in immediately available(same day)funds without deduction for or on account of any present or • future taxes, duties or other charges levied or imposed on this Note,the proceeds hereof, or on ' the Borrower or holder hereof by any government,or any instrumentality, authority or political subdivision thereof The Borrower agrees,upon the request of the Lender, to pay all such taxes (other than taxes on or measured by net income of the holder hereof), duties,and other charges • in addition to the principal and interest evidenced by this Note. c,„,:::/-,,i) 2 . OR 4914 PG 3279 2A , . kso- I 1 , 8. Nothing contained in this Note or any other instrument between the parties hereto shall be deemed to establish or require the payment of a rate of interest in excess of the rate (whether limited or unlimited)that may legally be charged on loans or extensions of credit made by any bank and/or lender or creditor under the laws (whether codified or not) of the State of Florida or of the United States whichever is higher or unlimited; as such applicable rate(or the • absence of any rate limitation)now exists or may hereafter be increased(or the limitation,if any, on the legal rate of interest eliminated) by legislation or otherwise ("Maximum Rate"). In the . event that rate of interest so contracted to be paid should exceed the Maximum Rate, whether as a result of its fluctuation, acceleration of the maturity hereof or otherwise, the rate of interest to • be paid hereunder shall be automatically reduced to the Maximum Rate and so much of any interest reserved,charged or taken as would cause the same to exceed the Maximum Rate shall be deemed not to be a credit against intcresi-'t it' Other a prepayment on account of and be automatically credited against outs outstanctineAkiiiatcAdenced hereby regardless of how the : same may appear on the Lender` C"'/e-Borrower's boar ' 'records or any memoranda of whatever nature evidencing the ar ;'provided, however, n`os uca\application shall operate to cure or as a waiver of any Even of Def i fnceasioning gcelera ion. \ . - ._-- t 1 . 9. Any amount o pro;TN.yi e .°t�y this Note which is not paid ,,:, when due,whether at stated atrj ' by ace c .,o, s4, sh 11 bear interest from the •day when due until said amo,rrt^ir d/ ,ru.. on • an ;.Mat;the Maximum Rate then allowable by law. ‘ k _ --i j .., • 10. The Borrower a: ° ,t this Note shall be d�errft.t have been made under and shall be governed by the laws of 'te,f Florida in all re ti5ts except as to interest rates and other terms of lending which may . ,-b3!•1h Iiiv}t f the United States), including matters of construction, validity, and p l 1 �arty provisions of this Note shall be' deemed unenforceable under applicable haw, such provision shall be ineffective, but only to the • extent of such unenforceability, without invalidating the remainder of such provision or•the remaining provisions of this Note. All of the terms and provisions of this Note shall be . applicable to and be binding upon each and every maker, indorser, surety, guarantor, all other persons who are or may become liable for the payment hereof and their `heirs, personal representatives,successors or assigns. . CIRRUS POINTE PARTNERS,LLC,a Florida limited liability company • Borrower's Address: 15544 Monterosso Lane Naples,Florida 34110 By: ''41c * . James . fields, anaging Member . =,x, DOCUMENTARY STAMPS IN THE AMOUNT REQUIRED BY LAW ARE AFFIXED TO ' THE MORTGAGE SECURING THIS NOTE AND CANCELLED PURSUANT TO LAW. 3 NAlt.n131461tv.tt , OR 4914 PG 3280 i This instrument prepared by: Thad Kirkpatrick, Esq. cohen&.grigsby ° 27200 Riverview Center Blvd.#309 Bonita Springs, Florida 34134 ASSIGNMENT OF PROMISSORY NOTE AND SECOND MORTGAGE AND SECURITY AGREEMENT i -('� This Assignment is made this! dgy_Qf.October, 2010, by Housing Development Corporation of SW Florida,Inc., formerl" CrRv i3 otier County Housing Development Corporation, ❑ Florida not-for e fporatia'e,! signor ("Assignor"), in favor of Collier County,a political subdi i i� of the State of Ftr�ax os Assignee ("Assignee"). 7 / . f / -wii�tESSETH. � \,� WHEREAS,Assignor`is ttj Hoii�Ter oT`h °ttta PV or Note dated November 2, 2006, in the original pri cipga l moan of T r n e T i en y Thousand and 00/100 s ; oint its LLG a Florida limited t_ .. Dollars ($320,000.00) {"Nie'I 4O' w if, liability company("Borrower". to Assignor. _ 1°"i /,--)r-1/ WHEREAS, the Note red by that cer ainisSe,c`ei d Mortgage and Security Agreement dated Novemb .c 2 6, given by B v(el�.�fo Assignor, as recorded in Official Records Book 4137, P s 7. _.bb.._rn-lhe P;ubtfc Records of Collier County, Florida ("Second Mortgage"). ''''--,411---:' -..�; Are,->--- WHEREAS. Assignor and Assignee desire to set forth the terms and conditions of the Assignment as more particularly set forth below. NOW, THEREFORE. for Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged. the parties hereto,and intending to be legally bound,they do hereby agree as follows: 1. The above recitals are true and correct and incorporated herein by this reference. 2. Assignor hereby assigns, transfers and sets over to Assignee, all of Assignor's right,title and interest under the Note and Second Mortgage. 3. Assignor hereby represents and warrants to Assignee that Assignor is the sole and absolute owner of the Note and Second Mortgage. 4. Assignor hereby represents and warrants to Assignee that neither the Note, nor the Second Mortgage, have been modified or amended and that there are ( x Page 1 of 2 EXHIBIT I tie; OR 4914 PG 3281 2A t ct) • no outstanding assignments or pledges of Assignor's right, title and interest to the Second Mortgage or the Note. 5. Assignor hereby confirms and acknowledges that it has not agreed with Borrower to any offset, reduction, settlement or other agreement with regard to the Note or Second Mortgage. 6. Assignor hereby acknowledges and confirms that on the date hereof, the principal balance under the Note is Three Hundred Twenty Thousand and 00/100 Dollars ($320,000.00), and that no prepayments of principal or interest under the Note have heretofore been made. 7. This Assignment is made without recourse to Assignor. IN WITNESS WHEREOF, the un.dergrcit d(h used this instrument to be signed and sealed on this /' 9 s "N WITNESSES: fjr "'1 ' ASSIGNOR: \ -, oEvao0 ENT CORPORATION OF SW f/11 n� , T t ll`�C ? c't t. I W' ss#1 Print•Nantrabci Passers 1,r,e.coh " \1 • lfs: Its Presr q (Type or Print Name) ` A" r' 'Yu �fax: - :: - Witn s/JA2&))ct.i (2 i�I, (Type or Print game) STATE OF FLORIDA COUNTY OF COWER .it The foregoing instrument was acknowledged before me this I.) '`—'day of October,2010 by Francesca Passer!,as President of Housing Development Corporation of SW Florida,Inc. She is personally known to me. (SEAL) r • ' GU `. GCcr Signatu e /" t 'y FdYCDIa>;lSSlOyf�ffi17;- (Type or print Name of Acknowledger) '` owls:Se teeter 24.2012 - &teed Thy/dewy P.ticUnde rtri �s f ��J Housing Development Corporotion of SW Florida Inc -Assignment of Hole and Mortgoge.DOC Page 2 of 2 OR 4914 PG 3282 2A ,„„..4,, ...•_ • . . ..e. ...At,: 0 • • p cohen&grigsbyculture Qf . performance N Kelley G.Price kprice@cohenta ._,—• y39-39O_�9i3 Fax239. O O -<c Direct Dial :.� 4"-6a;✓ ' i'." °�..(,_. October 21, 2010 77 n ca Via Facsimile and U.S. Mail u' ' Steven T.Williams, Esq. Assistant County Attorney Office of the County Attorney . 3301 Tamlami Trail East Naples, FL 34112-4902 , ._.....__.__., Re: Collier County v. C rC nty' .lh)Oevelopment Corporation,et al Case No. 10.025,32jy� ,"- !:..„,\ Confidential Settiemen/Co0mgni at]bnn iota e Admissible in Any Proceeding ( _ , Dear Mr.Williams; 1 g. %� �' to your request re ardi tt t eit°disc siop InN the above-referenced case, Pursuant y q A�r� �,, enclosed please find the on rr, Assignment of P iss ry N and Second Mortgage and Security Agreement executed ncesca Passed, < ,q.on . lf of my clients. As indiciated in our recent e-mail communicst the delivery of th s agi fined instrument is conditional upon the approval of the settler n have been disc sin I y the Board of Collier County Commissioners at the meeting on •00;r: '6;-2044 4 settlement is not approved, or if any material terms of the settlement are `ch= 0, tlytk&Commissioners, we will require that the original Instrument be returned to my office wit'iii' hree(3)business days. If you have any questions regarding this, please contact me. I look forward to the amicable resolution of this matter next week. Sincerely, COHEN&GRIGSBY,P.C. .ii,i, "7 r .‘r^. By Kelley G. Price • KGP/shs Enclosure(as noted above) cc: Francesca Passeri, Esq.(via e-mail) Kathy Patterson(via e-mail) 1604870_1.00C EXHIBIT w a Cis I 27200 Riverview Center Boulevard,Suite jog•Bonita Springs,FL 34134-4317•Main 239.390.1900•Fax 239.390.1901 I www.cohenlaw.com OR 4914 PG 3283 zA' I 1 0 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD(CRAB) AIRPORT AUTHORITY (J \ ,� AGENDA None 9,2010 /`-Yc 19:91! s Fred W. C /1‘,,,- CC Chairman Ca" mi loner,District 4 Frank Bala ,BC , . ce-Chairma Co mis sioner,District 2 Jim Coletta,B C/ , js fi� ' ' C , B Vice-Chairman ;lot Donna Maki,B B s n , t11,CRAB Chairman Tom,ell i • p mi li nek istrict 3 NOTICE: ALL PERSO t} ISHING TO ,ii.,AK ! ,AGENDA ITEMS MUST REGISTER PRIOR TO " ASKING.SPEA 1' . 1,11 ST REGISTER WITH THE COUNTY MANAGER PR/L(007HE P• ;=' `' • TION OF THE AGENDA ITEM TO BE ADDRESSED. "AJ RE I`i '' D SPEAKERS WILL RECEIVE UP TO THREE(3)MINUTES UNLESS-THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO.2003-53,AS AMENDED BY ORDINANCE 2004-05 AND 2007-24,REQUIRES THAT ALL LOBBYISTS SHALL,BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING,BUT NOT LIMITED TO,ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE.SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER"PUBLIC PETITIONS." Page I 1,, > November 9,2010 EO i __:,_.P....---- COVIIFE6' OR 4914 PG 3284 P. 2 .,a, ,,,J ,,,.., E. Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. Motion to approve w/exception to Item#6(Goodland Boat Park),Item #9(Handyman and Minor Carpentry Services)and Item #10 (Handyman and Minor Carpentry Services)-Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Mike Shoeman regarding Item #6B 12. COUNTY ATTORNEY'S REPORT Moved from Item#16K2(Per Agenda Change Sheet) A. Recommendation to m p ement offer proposed by Housing Development Cor ti _ y ,���f �1�� ' a,Inc., formerly known as Collier County Housi v lopment Corpor t in relating to litigation styled as Collier County, ••G rids v.Collier Coun Hosing Development Corporation,et al. (t"`sa eNQ.-10-253 -CA). ovva�pending in the Circuit Court for the Tw nti" ci r d Collier County,Florida, whereby usD e o m t •rp r io off'SW Florida, Inc.,assigns all 1 SI right,title r t r t : • iss gteea d second mortgage and security agr e. nt,in the princip.t"am 1 $320,000,given by Cirrus Pointe Partn ' . LC,and direct tlii • �"� ttorney to take whatever additional actio!}s`nepessary to im. e l-this settlement. Approved-5/0 < Clip- ti„'.'' 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Ochs—Moving Public Comment to before Staff Communication in the New Automated Board Agendas B. Commissioner Fiala—Report on low income housing in Collier County C. Commissioner Halas—A resolution naming the new recycling center the John Yonkosky Recycling Center—Consensus D. Commissioner Coletta—Thanks to Staff,Mario Diaz-Balart and Matt Hudson for their attendance at the Everglades Interchange meeting Page 8 - November 9,2010 OR 4914 PG 3285 2A • . ,.A, Agenda Item No.16K2 November 9,2010 Page 1 of 9 • • EXECUTIVE SUMMARY, Recommendation to accept the settlement offer proposed by Housing Development Corporation of SW Florida,Inc.,formerly known as Collier County Housing Development Corporation, relating to litigation styled as Collier County, Florida v. Collier County • Housing Development Corporation, et al. (Case No.10-2532-CA) now pending in the . Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, whereby Housing Development Corporation of SW Florida,Inc.,assigns all right,title and interest to the promissory note and second mortgage and security agreement, in the principal amount of $320,000, given by Cirrus Pointe Partners, LLC, and direct the County Attorney to take whatever additional action is necessary to implement this settlement. OBJECTIVE: That the Board of-Co . to nss ri�oard) accepts the settlement offer proposed by Housing Develop nt"' r oration of SW- Ale r dax Inc. ("HDCSWFL")relating to litigation styled as Collier C tin),lorida v.Collier CounOlo4ing Development Corporation, et al.,whereby HDCSWFL si s't allrer..County I right;title'and interest to the promissory note and second mortgage and ecurty' 'reent, in th principal amount of$320,000.00,given tt by Cirrus Pointe Partners LL C, i p' ct " t ey to take whatever additional action is necessary to imp em. t tills sett' m nt r—. '.. I CONSIDERATIONi } County Departmen f Ho to Human Services awarded a Home Investment Partnersr�P 'gram(HOME)Grail! I L in the amount of$320,000 for land acquisition and then$ opment of affordat� Sys units in Collier County. The agreement was effective on Die per 14, 2005 and,fttccn ed on July 1, 2007 to provide additional time for completion. a at .G.f`,tnaLc', r;1ctrh,p4vas December 31,2009;however, HDCSWFL failed to materially conlp MtWtlCe".rt ��..,,��aa('the agreement. HDCSWFL received $320,000 in grant funds from Collier Coun was used for land acquisition. No homes were ever built. Section VI(A)of the grant agreement provides:"All HOME funds are subject to repayment in . the event the PROJECT does not meet the Project Requirements as outlined above." In the event the subrecipient fails to perform,the agreement provides financial protection to Collier County i by requiring repayment of funds. Furthermore,the subrecipient secured a mortgage against the subject property. This mortgage is recorded in Official Records Book 4137 Page 0159 of the public records of Collier County. Efforts to resolve this issue with the subrecipient were unsuccessful, and at its April 13, 2010 regular meeting, the Board authorized the County Attorney Office to file suit against HDCSWFL to recapture the funds for material non- compliance. In its settlement proposal HDCSWFL would assign all if its right, title and interest to the $320,000 promissory note and the above-referenced second mortgage and security agreement to Collier County. A copy of the executed Assignment is attached to this Executive Summary. Page 1 of t OR 4914 PG 3286 t 2A Ait, Agenda Item No. 16K2 November 9,2010 Page 2 of 9 • This settlement does not adversely impact the remaining litigation against James Fields and Cirrus Pointe. A specific term of the Settlement Agreement is that the Collier County Housing Development Corporation will make a designee available for the County to depose for use in the remainder of the litigation. FISCAL IMPACT: Currently,the County has extended$320,000 in HUD funds for the Cirrus Pointe project. This settlement represents an attempt to secure the County's interest in those funds.The existing$320,000 granted by the County was unsecured. HUD has stated that it will diminish future grants to the County in the amount of$320,000 if the County does not seek return of the funds granted to Collier County Housing Development Corporation. The securing of the existing promissory note is a step toward the ultimate recovery of the HUD funds. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: e .b t th o pttomey has reviewed the proposed settlement offer and related doctf t and this item is `?sufficient for Board action. JAK RECOMMENDATION: fat tit Sba trUCaunty ommi ioners accepts the settlement offer / d1M proposed by Housing Devi lopinenttor,.rYatiotnof S Florid in , formerly known as Collier County Housing Developme >•'t„o ora'toff, l o liti Lion.styled as Collier County, Florida v. Collier County oissin ev�elo Li rpcotatIon, ,et al., whereby Housing 14 A Development Corporatio o W,,,F i I sins:o CojllicriCount all right, title and t° 1 �.,,•�.,.. , �,,,��� g w . r: � Y g is interest to the promisso -note and second martg an securti agreement, in the principal amount of$320,000.00,gt c by Cirrus Pointe Part:, LC, directs the County Attorney. to take whatever additional v s necessary to impiiine t. ti.i ttlement. ti /,, l PREPARED BY Jeffrey A. CuntyA,ttor c3` • k Page 2 of 2 OR 4914 PG 3287 12A ril- "Agenda Item No.16K2 November 9,2010 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16K2 Item Summary: Recommendation to accept the settlement offer proposed by Housing Development Corporation of SW Florida,Inc.,formerly known as Collier County Housing Development Corporation,relating to litigation styled as Collier County,Florida v.Collier County Housing Development Corporation,at al.(Case No.10-2532-CA)now pending in the Circuit Court for the Twentieth Judicial Circuit In and for Collier County,Florida,whereby Housing Development Corporation of SW Florida,Inc.,assigns all right,title and interest to the promissory note end second mortgage and security agreement,In the principal amount of $320,000,given by Cirrus Pointe Partners,LLC,and direct the County Attorney to take whatever additional action is necessary to implement this settlement Meeting Date: 11/912010 9:00:00 AM Prepared By 70�,,- 'N.,� Jeff Klatzkow County AAforn ,+ � \ \Date 7 /' `<, ;� " 1 \ 10/25/2010 1 3:50:19 PM • Approved By C r"�* `, �,ry� ,, r° - ,� 4', Steven Williams Assistant unktyAtt(ij r-•° 'i Date County Attorney Count Alt me r `' / 0#126/20101:11 PM Approved By �,: -t' ,;,)j OMB Coordinator \(j'"' `° / C,.....)/ Date County Manager's Office Office of Managtr�i�rrit t3udppt,�,_.....•--,,A,),r% 11/2/2010 11:35 AM Approved By '°J v�. - Randy Greenwald Management/Budget Analyst Data Office of Management& Budget Office of Management&Budget 111212010 1:28 PM Approved By Leo E.Ochs,Jr. County Manager Date County Managers Office County Managers Office 11/2/2010 3:30 PM OR 4914 PG 3288 .. , 2A As„). ,• . .. . Agenda Item No.161(2 ' - : • • . ..-.' . ....- •November 9.2010 •- • ..• •;':':•7*. :.. l':. .Page 4 of 9, , ... , This Instr.urnentffirepared•by:: . . . . Thad Kirt(patrick;:gsq.. - . . . . • cohen&griIsby. .® . . . . .. . . . . . . . . . • - 27200-RIVet--41eWpenter Bld.#309 . , . .. . Bonita:Springs, Plaiida 34.1. 4 -- . . . . . . . , . • - • . . . . • . . . , . • •• • . . . . • :., . . • . . . • . . . • . :. . . • . . . • - •••••• • . . • .: ...*.,I.: .. -•ASSIGNMENT OF PROMISSORY NI:MAYO •,. ,,;;••:'::-.':•• _.•`.:::-.R.,,.i:.-;::•-$E .614.10m000dE.ANP.:i0ORITY.:A0gotEitN.t4;.,.::.:::1:.;.-.7-i.:-,:. • . : ,,,,:....4.::.........:',24:!.•;.:.. -: :_: P. ..-::..:::.•;. :,•:... ..,.:1-4.... :::... ..,;.:.:_,_::,„';.,....,::, ::.;:',,..:..7.:::r.,..;::.4..:::,::•. .:.-:::,, ,-....;-.,1::::: - . '.1:'•E'-'•.:;:.Tkil•kriii4ki-004,kfiagiiiivet-4::,ti6.1■17:2 T16420itigb04iiii4beiiiktir.7: ---- . a ...,, Corporation of SW Florida,1,„-fprOerty._40• l- f.s,r‘ollier County Housing Development . Corporation, a Florida. noMpegpifir CorpOratiOn`;- (sIskgnor ("Assignor"), in favor'of.: Collier CountyLa politiCal:s6bdiviiion ate:State of'FIO 60i:is:Assignee("Assigneel.. •.• -e / -- ••• -. r• / 7 7-7' ...:. ' \ . A - , \ • - • l• i ,Yilrirt* . \ I / ,,,...,:i :„..--.11?-•:... '':" ......."•:: . ,i..4.?' :....A. •.'. • .. i. .%, .'.:. , .. . •WHEREAS,.AssIgoor lee*Ocifirt. 1-kp Pr tissorY Note dated November. (:%x•:—? Z 2606,:irilhe original No -pk!amount'of,Three r dTw‘,26,ty rbousaro.01-1.ocylocK, ,.•,•,-,,, Dollars.($320,000.00) n'NotelVdn-IdY - • ?oh e•:-Pottile(s, LLC:, 'd Florida limited- liability company rBOrr,er)to Assignor. -,, 1 /J:::,,/ . .. • r'l'ir i .,„-'%"7:',1 • . - •WHEREAS, the NotOp• ured.by that tertaini.= phd Mortgage anctSe'd6rity.. Agreement dated -November 4 006, given byB4Oter to Assignor.,-as recorded m Official*Records Book 4137:rate',-59466„- th. in e,::) blic Records of Collier County, ' Florida("Wand Mortgage"). '.---::!..,-,i1E . . . . . . . . : ,•E:. ymEgAS;A-0919rt:sina:;Ai4igneeOefiroctspt.fOrt the teTrIP5,5290.cOnditicip • .:-:.,.. t*:ciilgOiii0b)icigiii-io*1560166160401.Of 444i6Yl -::-7r:r.='''"::!. .:501'.;.:11.=::vig.?- ..:-:.:::-3.-:,'Zii‘;:.::::;-; „...::.,.!.:.-.... .,:i_..;::.2:•,-,t. . ,,..,.., .1,...iz.,. 4;:.1-::.-..=-:...1•;.),.;?:-:-.:-Aqi•Wrt.E;:t.:,,:<•••••.;:ri::;,:...4:i. fi'ig•-;• :-:.:L.:,::..! *.4-IT.i.tfOrtilti.*1:1261-1-.:'.aild.bof.ao .-ootift;.:(sid.60)--9614:6$0'.0.6ad-dhd:•-.: valuable consideration,the receipt and adequacy of which Is herebilackivii1edged7- the parties heret0,:orid intending lobe legally bound,'they do hereby agree as follows: • • - . . . . • . ...,,.:.....- • .. U..-.• .T.he.OboVe recitals are true and correct'and Incorporated herein by this . • • •-• •: • reference. . • • • • . . • . . •2.- Assignor, hereby assigns, -transfers arid sets. over to -Assignee, a1r.of7.' .,• Assignbr's.right.title and interest under the Note and Second Modgogew ..,. . . -.. .. . . . . . - ,..• -. 1.•.. .:.!Assignor:hereby represents and warrants'.to Assignee that -Assignorisithe:;:: • *.soleand'obsoltite ovine!'of the:Note and Second Mortgage.:'•. . • • •: 4. - • -Assignor hereby represents and warrants to Assignee that neither the • Note, nor the Second Mortgage, have beenmodifiedar amended and that there are 5.-•.. . . - • . ... - . • • . • .. . . ., : . .. . .•. ... . • - ' Page 1 0E2.. ...• ' .... . . • ... :.1...'- .':7-.:-.— • -„!,:il.'' .. _ . • .• • ._ .. ... ... OR 4914 PG 3289 P 2 A , . _. . Aderida Item No..16K25 • ••• November 2010:.. •••• :. . -: •Page 5 0.9 • . . •.-..,. • • •• no outstanding. .assigilnients:or pleOge.YOE:ASSigndr!"...riglit,..title ond interest to 1114. •,... :::: . •••.. • • • Second Ntortgdge:orthe•Ndte„ . . . • '.. .. . . • . - . . ... . . 5, .. .AssiOnor hereby confirms and acknowledges that it has•hot:agreed,w1f.tv.... Borrower to any offset, reduction, settlemeni or other agreement.With regard..tdjhe:••-i• . Note or Second . • . . . •..-•. .. ... . : • . . . • ., .•. . . • 6, Assighori hereby acknowledges and confirms that on the date hereaf;:the::: principal balance under the Note islhree Hundred Twenty Thousand and OW I-00.0oliari,;.:.:,.....;.: . ($320 000 and that no prepayments pf principal or interest,under the Note-Ehave."---:=...:.:.. •heretoforel?pen made.. • •. •• - . . . .-.. . ,,.. ... 10.:.,-:..,.... . ..........„, .. -. .........•:,-. ....:•-:..;•':- -..:::;:,.. ,4,-::;-•::!..-g:,:.67.-.'-..,.W•: ..:. .:. . . ,•- •., • --.44;',.;:•,-. •• .::-:.:;•;:!":J-413L'7';.,:1 ::.4b1i'Asitgoitteirills:)1i0de without r.OgpvIlliktp,Mstg.r.19r,..:..:i,/,'-......;:::: ..: .qn.„,...:,....:. :!:--2:t.-z;' :-:-. :•.:i.'•;,-1;,:..f:?.,.1--:•-iA•li.,:,,:t3: 4-;-; -..;.:;,;:::,..i-,14,-4,..-;!g,=..f.?/::i›i- ^..„. ‘ , , -•. - - -c•: ,:<‘:-. .i-4:-*-Te,SW,AiiXi-f-:-,-74, -•..:'44- . IN WITNESS WHEREOF. theireelesibsnistWeed this instrument to be signed . „....„... and sealed on this. :/.0.- ;;:.'t',""e_Vayof October,20,1..V:x1,, : 2, . •..::: •••.•• , ' . .• . . WITNESSES: • . . • : ' 7' s>/c---••••--: :..-Z+1."..1/1‘?...101,Iit;:•••-• .,.`.'.•.:\ ..•'. ;r. '... •:' • , ?: •••:: ' •:-:- :: ':••":":',': -•• •• • •••• /-. / .azt•--70.:,;:,•..:•:-..•..'r,;.-i::r' ::.I;•.,::::i.,.,:,..-.,y:,. ...,-:•...:-..S.-4•2-:-::K7,::=-- • .-., ' ,.eL.-.':.; ,,,,,,,,-; . . . • • . :•i''--: (4„."-.'-',:- .-‘.Nk-,■76:1$1 ' ; 4.' -wittti CORPORATION .dr:Vit.'-':..:,, • I... • •:..., ..• . .• • • ..;.. • c:•--.• . • •i. Fl..R ,..,;, , ,.• /..1 • .,• • •• ..,..::: •:. . . .• • • . • • I.r1 • CA "' ' 4 •: -- • r• t- • • ilj&i,...00 ' -,\ ,Byi • - /,.. .1 ...,... J•..2, & Am— (r/l.. .• ... . . ..-. W. ss 41 l ., \:i.c • l'ilnj 0-,.;f:- Oii .4 •1`Isseri : . " • .. Adiveli.e 6 Apt_ \,'',it., .. .... i;Its P,r:-'siv=pi'(.77 . ,,, : •. :. --.•. :,. . -:..•: ,..- (Type or Prini-Name), . \•. ,,,to••<., .• . •-•.: ..7<17,.; / '„.P <:.0 1,....,....-- • . .. .. . ..... ...,... . . . . a.1.1.0 e, 14,.... -,,•.111 ,-.,:i2-„, • : ... . .. ... ... .,..,, yi . . . . Witn st-4#1.1 . _ iCiAil t ccrylii:Air . .. . (Type Or • • • .. - • .- •::I:2- . .. : -i-:. ' - ';'•---..-••::.'',7:::... ::::.":•..,:••.-:. .1•%.,..:-:;: • it;:ai:4, *,1,e- .,:_:::.:..;:iie::-1:-:6;cg ..,:iSlY1--.7.-117•4 -;...t•:.,:. ::..... i::,1•1;.:.:1. .,74.1;etzv4.4"4.;.4-271;-;._:::::-13::= . -.. .-•:. • te...-.. ;7:: - . •'';'''••-2.. : . --;••;'-:- -.:45,4-“-:• STATE 4:5P fLoRIDA S ..-• ,.,..• • COUNTY•OFCQW ER. • . .. .. • • . ' • " . . .. “... • . , . • . •••• .. • . .•• • • •-; a,a.. -•• • ... • lhe'lditioolaw.Insitvineht was cik.r.dte.g.0 ...0,..:10Vore:i.ole::;ttils,-,...: 3P1 cily,p..k.-:.-::;:.... ...'. October;26101*fr6_ffefits0fPassett as Presid:441:0410.4SitiOP€3040 PlitiOPPItofit?6 at.:::.:.- SW Florida Inc She Is known to rrie•:.-*, ::•.f• .-3,:„.. ..•...-...:-. .- • ...*:::-...:KT:7-:.. .7.te.:•::•-• :'.:f:-....... •.-:.: • (SEAL) '..,"'••• • !' *.---"::-- -••••1: ; : , •••7 ..... ..,.,... : . - ... .... •. . - . . ... Signal e a •-.'• •••• : .. , . . •-w.,-; . KMAR% U ' ' I. 4 11 livizassocttobatio (Type ofpriht Name of Acknowledge* •• . . • 7.-,,,,-, .97)16280arbsi24,1012 . . . ' P.Er-•' eadamlitowymitutdratsi l • • - • ,:- • . . . - ,-T''''', . . - .'• ' • . - • :- .". ( ,'" . • ' _.: . . • • - • • ' Iiiii.r464ivt155prottni CorpofollOr irt poifo'o'inc...-,i.ssignmeniolilOfe, iiairMoitrioti .6cidrde.:-Zpf:2:.......- , • , • -.. • - .::. :,r.:•:7,..:i-,:-......,,:: • .:- • *. -. . - . .---:.-:. ••..., : • • .. . - .. . .• .-, - . • .- - .. .• . •..:.•,,::....• . .•-•.:-.:::.:::.;.... . -. .•:-.•. .•'.••:•:! ,1,.-..;;.... • • • --.., •.. • - 1 OR 4914 PG 3290 Agenda Item No.16K2 • • November 9,2010 Page 6 of 9 EXECUTIVE SUMMARY To authorize the Department of Housing and Human Services to work with the County Attorney to take all efforts to recapture U.S. Housing and Urban Development("HUD") Grant Funding provided to the Collier County Housing Development Corporation("CCHDC")including filing a lawsuit in the 20`h Judicial Circuit if necessary for failure to comply with the Grant Agreement to develop Cirrus Pointe and to seek direction on whether to fund CCHDC for future grant awards. OBJECTIVE; For the Board of County Commissioneif f et authorize the Department of Housing and Human Services to work with the Countyey to take all efforts to recapture HUD Grant Funding provided to CCHDC including a i g a lawsuit in the 20`h Judicial Circuit if necessary for failure to materially-,•).•A y „ +' thi. terms of the grant agreement dated December 14,2005 and amended,4td ,.jZO47, ...tt. ther to fund CCHDC for future grant awards. 4,,.;,r . CUNSIDERATnONS: Collier C&in .'D'cpartn n,,�-ppf Hot'Sing'and H n Services (HHS) awarded a Home Investment P % hip 'rpgrarn(1-10 t ) t3Int to CCHDC in the amount of $320,000 for land acquisition ' , 1t. ..m" q elf 'housing units in Collier County. The Agreement was effective n De-., ,• ft'5 . y e ed Ion July 1,2007 to provide additional time for comp! tip , . • `Y , mplej o aecember 31,2009. To date, CCHDC has failed to ma cx p y comp/ - nth e s th ; 'eement. CCHDC received $320,000 in grant funds frdt1 flier County which uue�d�fo�d acquisition. There is no construction started. '; _,, '`1,7' / J. `r CCHDC is now currently known`'a a susiagg_ eve/ tye corporation of Southwest Florida. +� a Section VI'(i ti'`of tif'grant igieVinent pro'ides:-"All•'HOME funds are subject to repayment in the evee PROJECT; eg not meet the Project Requirements as outlined above." Prior to the Agreement with the County,.CCHDC entered into a Joint Venture Agreement with James J. Fields and Cirrus Pointe Partners, LLC ("Venturers") on November 30, 2005. This Agreement provided that the Venturer would own the parcel once acquired, and that CCHDC would contribute $320,000 toward acquisition. Based on the Agreement, the Venturer is responsible for all construction costs. The Agreement further provides: "Upon any breach by VENTURER of the terms.t'.This agreement which would prevent CCHDC from receiving, or would require CCHDC to`refund, project expenses and/or developer fees it would have received....VENTURER shall be responsible to return$320,000 CCHDC provided..." Collier County's demand and cause of action will be against CCHDC based on breach of the grant agreement and amended agreement with the County. Federal regulations also give the granting agency, the County, the discretion to determine whether to fund the non-profit again based on past non-compliance. HHS seeks direction from the Board of County Commissioners on whether to continue to fund CCHDC in the future. Staff OR 4914 PG 3291 ► Age N ova vember 9,010 Page 7 of 9 recommends funding CCHDC for future non-construction projects. CCHDC has achieved success in other areas including budget and foreclosure counseling, CCHDC is the only certified education agency operating in the Naples area. FISCAL IMPACT: The cost of potential litigation is unknown. Filing fees and service are approximately$400. The case will be handled by the County Attorney's Office. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item and related contract documents have been reviewed by the County Attorney's Office. Based on information available to date, CCHDC is in breach of the grant agreement with Collier County. HUD regulations require the County to attempt to recapture the funds for material non-compliance. This item is legally sufficient for Board action. —CMG _ Cou RECOMMENDATION: al d of County ssioncrs authorizes the County Attorney to work with the � �' sent of Housing and I Services to take all efforts to recapture U.S.Housing and Orb. Development("H ")Grit F ding provided to the Collier County Housing DeveloprhentiCorporatir$ CHIC ") inclu ing\filing a lawsuit in the 20° Judicial Circuit if necessary f r .i•.,a to p he t Agreement to develop Cirrus Pointe and to seek direction o 'eth t f d rT ur¢grant awards. 6 ti PREPARED BY: Marcy{ b Director;H. ' +i g ana fitt§ervices 09-FAN40471/4 ( 1'f n"f 2 OR 4914 PG 3292 2 A . t.t. Agenda Item No.161{2 November 9.2010 Page 8 of 9 EXECUTIVE SUMMARY, Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of County Commission-cry, against the Collier County Rousing Development Corporation, now known as the Housing Development Corporation of Southwest Florida, for failure to comply with the grant agreement to develop Cirrus Pointe. OBJECTIVE: That the Board of County Commissioners (Board) authorizes the County Attorney to file a lawsuit in the 20'1'Judicial Circuit to recapture HUD grant funding provided to the Collier County Housing Development Corporation,now known as the Housing Development Corporation of Southwest Florida ("HDCSWFL") pursuant to the grant agreement dated December 14,2005 and amended on July 1,2007. ' CONSIDERATIONS: Collier Count t of Housing and Human Services awarded a Home Investment Partnership ProvartuojtanNWODNCSWFL in the amount of$320,000 for land acquisition and the d9/ •' • I' f afiordab•l ob4ing units in Collier County. The agreement was effective on .er 14, 2005 and a si stsded on July 1, 2007 to provide additional time for completi n. -----• , 3 .5 . The date for final comp! tior � , "be�({ . y i . T ate.HDCSWFL has failed to materially comply with tie td i or lid a.•ewme v,.' L received $320,000 in grant funds from Collier County which ed f>r is ldpcquis io . Ns i mes were ever built, Section VI(A)of the grant ement provides: "Alll i O a are subject to repayment in the event the PROJECT doe s n 'meet the Project Rcgi iicnien„es. utlined above." In the event the subrecipient fails to per a• the\agreement provides i ial protection to Collier County by requiring repayment of fun s.. hermore,the subr "pi" ni secured a mortgage against the subject property. This mortgage is- tn- dta1' ecords Book 4137 Page 0159 of the public records of Collier County. ---�--= 2..,. . At its February 9,2010 regular meeting, the Board authorized the Department of Housing and Human Services to work with the County Attorney to take all efforts to recapture the grant funding provided to the Collier County Housing Development Corporation to develop Cirrus Pointe. Efforts to resolve this issue with the subrecipient have been unsuccessful, and the County Attorney is seeking the Board's authorization to file the lawsuit. FISCAL IMPACT: Filing fees and service are approximately$400. Legal costs should be minor. The case will be handled by the County Attorney's Office. GROWTH MANAGEMENT IMPACEL None. LEGAL CONSIDERATIONS: This item and related contract documents have been reviewed by the County Attorney's Office. Based on information available to date, Collier County Housing Development Corporation is in breach of the grant agreement with Collier County. HUD regulations require the County to attempt to recapture the funds for material non- compliance. This item is legally sufficient for Board action.—STW *** OR 4914 PG 3293 *** 002 A Agenda Item No.16K2 November 9,2010 Page 9 of 9 RECOMMENDATION:, That the Board of County Commissioners authorizes the County Attorney to file a lawsuit in the 20th Judicial Circuit to recapture HUD grant funding provided to the Collier County Housing Development Corporation,now known as the Housing Development Corporation of Southwest Florida,pursuant to the grant amernent dated Dec 14,2005 And amended on July 1,2007. Prepared by: Steven T.Williams,Assistant County Attorney • CP\10-000-00116\12 CO( k„,17 \ / '44.1„/ \ I / .4') ; /-7 t 1 \ 57; r J ft)' L \ .7' ',771 t 40/ / C If A, ClIRRUS-POINTASSOLSTICE RESIDENTIAL PUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CIRRUS POINTESOLSTICE RESIDENTIAL PUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVIDISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: JAMES i FIEI DS NAPL€S, FLORIDA 3411.0 Cirrus Pointe Partners LLC 516 Commerce Drive, Suite 200 Apopka, Florida, 32703 PREPARED BY: WILLIAM-L. HOOVE ,,-AICP NAPLES, FI ORIDA 34106 D. WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN, YOVANOVICH &40#NSONKOESTER, P.A. 4001 TAMIAMI TRAIL N., SUITE 300 NAPLES, FLORIDA 34103 DATE FILED , DATE REVISED August 2013 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER rek. 2A j TABLE OF CONTENTS PAGE TABLE OF CONTENTS ii LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III RESIDENTIAL AREAS PLAN 9 SECTION IV PRESERVE AREAS PLAN 13 SECTION V DEVELOPMENT COMMITMENTS 14 (?: Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7-20I3 A LIST OF EXHIBITS AND TABLES EXHIBIT"A" PUD MASTER PLAN EXHIBIT "B" PUD WATER MANAGEMENT/UTILITY PLAN TABLE I DEVELOPMENT STANDARDS Ca-- Words Gtruck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7-2013 2 _ _e .. • -et - - - _ _ _ - • _ Planned Unit Development to be known as the Cirrus Pointe RPUD will be in Residential PUD will be consistent with the growth policies, land development regulations, and-g l -, !^ _a _ _ - e 'e—planniing objectives for the-following reasons: •-• _ _- .. .- - _ _ •- - _ -• - - - --- • ae - of the Future Land Use Element. -e--• - - `= - -- • - -- - - - e- - • *a .- • - - -- - . - _-. _ _ Eli--emeent. features and natural groundwater aquifer recharge areas as described in Objective 1.5 5.Tho project is located within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, on tho Future Land Use Map. The project is located within the Traffic • - - - - - - - - - ' e•:- • • - - - --• - --- - - - - - -- - •_ Base Density 'I dwolling unite/acro Traffic Congestion Area 1 dwelling units/acre Affordable Housing Density Bonus +8 dwollinq units/acre Maximum Permitted Density 4-1 dwelling ur s/acre Requested density - 10.89 dwelling t+nits/acre Requested dwelling units - 108 1 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2 A 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities Requirements and Section 10.02.07 of the Collier County Land Development Code. 2 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 A 4,11 SECTION PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 121 LEGAL DESCRIPTION The subject property being 9.92± acres, is located in Section 14, Township 50 South, Range 25 East and is fully described as, "All of Lot 103 of Naples Groves and Truck Company's Little Farms No. 2, according to the plat thereof, as recorded in Plat Book 1, at Page 27-A, of the Public Records of Collier County, Florida." 1.32 PROPERTY OWNERSHIP The subject property is owned by K.I.C., Inc., a Florida Corporation, 1300 Third contract by James Fields, 15544 Monterosvo Lane #2, Naples, Florida 34110.Cirrus Pointe Partners LLC, 516 Commerce Drive, Suite 200. Apopka. Florida. 32703 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the northeast corner of the intersection County), Florida. z. 1.5 PHYSICAL DESCRIPTION to the Collier County Drainage Atlas. The proposed outfall for the project is a The ditch outfalls to the south into-a Swale that runs along Thomason Drive. area to 7.26 feet NGVD along the western property line. The site is typically • _ - -_ _ • • . •. - " -- . - •:•.• - - - - - e • - " a. -- ,Yv 3 Words are deleted;words underlined are added. Solstice RPUD Revision 2 8-7.-2013 A 4tA Wst* NGVD. The entire site is located within FEMA Flood Zone "AE" and thc site is base flood elevation 8.0 fcet NGVD. -•• e : e eee - ..e• •e• e ez •••- - • - - - •e• e - , - e . e-- leee -e-, - e .. .. • : -•-• • e. eee - - -e- •e• t.• •- e. - ••-- e•e. •- teFFI property boundary. SFWMD will be imposed upon this project including but not limited to: storm attenuation, minimum roadway centerline, perimeter berm and finished floor - •e • - e... • e •- -- .. -e - •e • : ee ••-•- "- • •- - e . - -. - e- !!!, e• e- • ••- •- - e.. ••- e, :- , " -, - •: e. - .• . •- mid story. The site was partially infested with Melaleuca trees but the exotic species were recently removed. .4‘ 1.6 PROJECT DESCRIPTION • ee•- • " " - • • e e •- - • - e 1.1 units. These units are intended for development as a multi family project. - - 'e• . • •- , e• - • •-e • e •e• • • •- e ••e - •e - , - - , whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Cirrus Pointe Residential •- ee•--- e•--• --". if;15 4 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE plan of cloy:: relafie s- 2.2 GENERAL, A. Regulations for development of the Cirrus Pointe RPUD shall be in othor applicable sections and parts of the Collier County Land C. All conditions imposed and graphic material presented depicting fie-developed- D. Unless modified, waived, or excepted by this RPUD, the remaining comprises this RPUD.•i- - -- - -- •• -- - - - -- - - - -- - -- - _ -_ .• concurrency review under the provisions of Section 6.02.00 and Section a • . • 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES = 5 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2A A _ _ i i _ - • •e _ - Exhibit "B" Water Management/Utility Plan. There shall be a residential lakes, street rights of way, the general configuration of which is also illustrated by Exhibit „A,,: B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, C. In addition to the various areas and specific items shown on Exhibit "A", Exhibit "A" is anticipated to be comprised of the following areas and AREA ACREAGE LAKES 0.41 Acres RIGHT OF WAY EASEMENT 0.21 Acres DEVELOPMENT AREA 7.11 Acres TOTAL SITE AREA 9.92 Acres 2.41 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre, consistent with the Bayshore/Thomasson Drive Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. A - _ e•-•: • - - e-' - _ - -• .. - - - _ I 6 Words sly are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 f 1 l R - - _. - _ . . . ._ the RPUD Master Plan, RPUD Water Management/Utility Plan, Collier B. Exhibit "A", RPUD Master Plan and Exhibit "B" RPUD Water applicable, shall be submitted for the entire area covered by the RPUD Layout of the Collier County Land Development Code, and the platting C. The provisions of Section 10.02.03, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all • 9.9 the Land Developmont Code prior to the issuance of a building permit or per Section 10.02.01 of the Land Development Code. improvements regarding any -dedications and the methodology for 2.6 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by -- - • -••-• e _ 1. i •- - - •-• - -- 2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER P AN 7 Words stuck t1 oug=are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2A whose ownership and maintenance responsibility is a common interest to a-!! of instruments for tho establithmont of a proporty ownors' association whoco 8 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 r � A SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the residential areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum of 108 residential dwelling units may be constructed in the total project area. This is based on a gross acreage of 9.92 acres and a maximum of 10.89 dwelling units/per acre, consistent with the Bayshore/Thomasson Drive Subdistrict of the Future Land Use Element of the Collier County Growth Management Plan. A - - e•_- • • - e_ -• e • _ •- • -.! - _ - - _ - Density Bonus Agreement (AHDB). 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Multi-family dwellings. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (`BZA") by the process outlined in the Land Development Code (LDC). B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carport:, garages, gazebos and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing-clocks-,, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 3. Temporary sales trailer and model units. 4. Gatehouse, gatehouses, and access control structures. 9 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2A 5. Interim and permanent utility and maintenance facilities necessary to service this RPUD. 6. Signage 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Cirrus PointcSolstice RPUD. ti 7. 10 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 111141* ? TABLE RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS MULTI-FAMILY Minimum Lot Area (per unit) NA Minimum Lot Width NA Front Yard Setback(1) 15' (2) Side Yard Setback (1) 1-Story 7.5' 2-Story 10' 3-Story and 4StoryOver Parkinq 11.25' Rear Yard Setback(1) Principal Structure 20' Accessory Structure 10' RPUD Boundary Setback(1) 1-Story and 2-Story Homes 15' 3-Story and 4-Story Homes 25' (3) Accessory Structure 10' Preserve Area Setback Principal Structure 25' Accessory Structure or infrastructure 10' Lake Setback(4) 20' Distance Between Structures Main/Principal 1-Story 15' 2-Story 20' 3-Story 22.5' Accessory Structures 10' Maximum Height: Principal Building Zoned 49-50' or 3 habitable stories over parking not to exceed 50' Actual 60' Accessory Building 4.25' Minimum Floor Area 1526 950 Sq. Ft. (1) Buildings, structures and pavements shall not encroach into required landscaped buffers. (2)The multi-family minimum front-yard setback shall be increased to 23 feet where both perpendicular parking and a 5-foot wide sidewalk are located within such front yard setback. (3) All buildings with 3 habitable stories shall be set back a minimum of fifty feet from the eastern RPUD boundary. (4) Lake setbacks are measured from the control elevation established for the lake. B. Off Street Parking and Loading Requirements: (1) l Words ctruck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2A •-e e- -- - -- e - - e . ._•.$ _ _ _ae . __•._ . 1. A minimum of sixty (60) percent open space, as described in +_ - *. .e _ ,_ _w r-ehe -fie 2. A -- - -- -- - - - - - - - - - - -- - - a s •described in Section 3.05.07 of the Land Development Code. - - -e- - e• - - - •e ' _ -- - _ _ - Master Plan. • - •e -- - - - - e ' -- -• --•-- 1. If landscape buffers arc determined to be necessary adjacent to • - - - - - -- , tee - - - - , - - --- - - • 2. Landscaping and buffering shall be provided per Section 4.06.00 of E. Architectural Standards• - - - - , e, - - - - -- - - . e _ - -• - - - site. All roofs, except for carpoFts, shall be peaked and finished in tile, E. Siqns Signs shall be permitted as described within Section 5.0600 of the Collier B. Deviations: 12 Words struc1i-thfeugh are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2A ' 4,r,z4 Deviation 1 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires that small-scale recreational amenities within multi-family projects where a majority of the units are within 300' to provide parking at 25% of the normal parking requirements for recreational facilities, to allow the small scale recreational amenity to provide one parking space for short term drop off/pick-up and one ADA compliant space. 13 Words struck through are deleted; words underlined are added. Solstice RPUD Revision 2 8-7--2013 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Hiking, and nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. 4t 14 Words struck eugh are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 A„.. SECTION V v, DEVELOPMENT COMMITMENTS 5.1 PURPOSE of this project. 5.2 GENERAL otherwise, the standards and specifications of the official County Land The developer, his successes-Of-assignee, shall follow the RPUD Master Plan and tho regulations of this RPUD, as adopted, and any other conditions or Descent, 5.31 RPUD MASTER PLAN A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, tract, 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 Subsection 10.02.13E. 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 in the project. 5.42 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION permits-and-#inancing aro in place. 15 XL. Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 t 2A A. The landowners shall proceed and be governed according to the time limits pursuant to Section 10.02.13D. of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 10.02.13F. of the Collier County Land Development Code. C. One entity thereinafter the Managing Entity) shall be nzeponQiblc, for PUD monitoring until close-out of the PUD. and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Cirrus Pointe Partners LLC. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 5.5 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land •- ee : !!.!! ,e• S. a . a. ti.! •- - ee-- - 5.63 WATER MANAGEMENT A. If applicable, existing—er---pFepGsed easements for Collier County other kind of obstacles that would impede adequate access by B. A copy of the SFWMD Surface- Water Permit, permit modification, or 16 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 . 2 A C. An excavation permit shall -be required for any proposed lakc(s) in . - -- - e - e- - -- - - a e••---- .. -e S F'WM77-Rules. D. Lake setbacks from the perimeter of the RPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. E. Stormwater calculations signed and sealed by a Florida professional F. Maximum allowable discharge rates must be in compliance with a 5.7-4 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County rules and regulations. subject to application for and conditions associated with a Sewer Availability Letter from the Collier County Utilities Division. This RPUD GB. Although the site is entirely within the Collier County Water/Sewer District, potable water is served by the City of Naples. Even though the site contains a 4-inch force main, it shall not be used to provide service unless a hydraulic capacity report has been submitted and approved by the County Public Utilities Division. In lieu of connection to the aforementioned 4-inch force main, connection to either the 12-inch force main on Bayshore Drive or 12-inch force main on Thomasson Drive shall be preferred. 5.85 TRAFFIC •` - • - -- • - - •- , - , -- - - - -- - - - - - - '- ---- . . • • - - - !--- ••-� - - ee - •e bal Design Standards, current edition, and the Manual on Uniform Traffic 17 Words struclE-thfeugh are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2 . fe,.‘ be consistent with and as required by the Collier County Land C. __ _ Access pc'nts, including both driveways and proposed -streets, shown on -- • • „ final plat submissions. All such accesses shall be consistent with the lees than the number depicted on the RPUD Master Plan; however, no . . D. Site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required E. Road impact fees shall be paid in accordance with Collier County • !Le • F. All work within Collier County rights of way or public easements shall require a right of way permit. • A ••-- • . •• _- - • • • •• reserves the right to modify or close any median openings existing at the time of approval of this RPUD which are found to be adverse to the health, - - ••• •. on, but are not limited to, safety, operational circulation, and roadway capacity. A. The sole point of ingress/egress to the RPUD shall be onto Thornasson Drive. No access shall be allowed on Bayshore Drive. 18 Words are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2, A N. Nothing in any development order shall vest a right of access in excess of I. All internal roads, driveways, alleys, pathways, sidewalks, and : ,_ . _ . = =ar arty! K. If in the sole opinion of the Collier County Transportation Division, a traffic L. Adjacent developments have not been designed to provide shared access or interconnections with this development. The developer, or assigns, M. The developer shall replace the temporary asphalt sidewalk along NB. Le _ - - - •- • - :: --- _ _ ._ _ ._ the right of way easement located at the southwest corner of the subject The developer has provided Collier County with a right-of-way easement along a portion of Thomasson Drive for intersection improvements. This conveyance is recorded in Official Records Book 1090 Page 1697. 5.96 PLANNING A. Pursuant to Section 2.03.07E. of the Land Development Code, if during 19 Words ctrucic through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 2A •_ ..t e - - •••• -: - I - • • - as --• — - • - • --- - - • - S e• • • e - e •- e e•-- 2- • e- e __.= * e- e- e - e •e e - e: e . e e :•- - development plan. A All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All roofs, except for carports, shall be peaked and finished in tile. metal, or architecturally-designed shingles (such as Timberline). B. A homeowner's association or similar entity will be established and will be responsible for maintenance of common elements. C. The project developer will provide each building with secured vehicular and pedestrian entrances. D. Within seven (7) days of the closing for each unit, the Developer or successors, shall remit $2,962.96- to Collier County. This payment shall fully satisfy the repayment of the former $320.000 grant which was issued for acquisition of the subject property for development of affordable housing. 5.407 ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and B. Areas that fulfill the native vegetation retention standards and criteria of the Growth Management Plan shall be set aside as preserves. All construction plans and, if the project is platted, shall be recorded on the plat with protective covenants per or similar to Section 70406 of the e .e .. - " e- e-e•-- ze e ' e -- project's homeowners association or like entity for ownership and -* * - ee- e e - e - ..:- • "e ee• e e 20 Words struck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 • -- - _. . - •_ - - - - - - - - !c - - - •-• -tee.. In the event the project does not require platting, all conservation areas •• - --- - - - • • • - - - - - - •- - - •••-• - - - - -- ' - -- - - e - - -- e - - - - - - - - _ _ -- Servioco Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic free? E. A Preserve Area Management Plan shall be provided to Environmental Services 4 Staff for approval prior to site/construction plan approval identifying F. All agency permits shall be submitted prior to final plat/construction plan G. This RPUD shall comply with the environmental sections of the Collier County !- - -- - -- -- - •: - - - - - - - - • e• ••-- _ - - -- approval. H. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to protected species. A habitat management plan—feF--thecc species shall be submitted to Environmental Services Staff for review and 21 Words ctruck through are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013 AIL 2A -- vt A zee- - - - , "- • the-pcopecty-ewner, A minimum of 25% of the on-site native vegetation must be retained. 7.25± acres of native vegetation exists requiring preservation of '1.81± acres of native veqetaton. Amnmum of 1,81 acres of preserve areas are required to be provided on-site, emphasizing the largest contiguous area possible, as described in Section 3.05.07 of the Land Develoiment Code. (7;4 ;14 22 Words atfuelf-tliceueh are deleted;words underlined are added. Solstice RPUD Revision 2 8-7--2013