Agenda 07/12/2016 Item #16D15 7/12/2016 16.D.15.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to sign a lien agreement with Big Cypress
Housing Corporation (DEVELOPER) for deferral of Specified Collier County impact fees for 18
rental affordable housing units located at Hatchers Preserve, Immokalee, Florida; and approve a
refund of$28,105.64 of previously paid impact fees for this property.
OBJECTIVE: Implement the Impact Fee Ordinance for owner occupied affordable housing.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a
program to defer impact fees for developers who are building qualified affordable housing and will rent
the units to an income qualified applicant.
Per Land Development Code Section 74-401 (c)(1)(b),residency requirements are specified:
The dwelling unit must be and must remain the household's permanent residence. The head of the
household must be at least 18 years of age and must be either citizen(s) of the United States or be
a legal alien who permanently resides in the United States.
Big Cypress Housing Corporation (BCHC) will rent the single family homes to persons whose legal
status will be verified, documented and kept on file at the office of Community and Human Services. If
the builder/developer fails to comply with the terms of the agreements, or the units cease to be utilized for
affordable housing, or are not rented to residents as specified above, the full amount of deferred impact
fees shall be immediately repaid to the County, including all applicable interest and penalties. The subject
lots are presently owned by Big Cypress Housing Corporation. The properties are all located at the
Hatchers Preserve Development in Immokalee,Florida.
The ordinance requires collateral be provided in a form acceptable to the County. In this case, the
developer will provide a treasury bill that will mature in 10 years for the full deferred amount. The
Treasury bill will be purchased upon Board approval of this agreement, and the Chair will not be asked to
sign the agreement until the Treasury bill has been purchased and appropriate documentation is in the
County's possession.
The ordinance requires that a lien agreement be entered into with the developer/applicant as a condition of
deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral
agreements with applicants qualifying for impact fee deferrals for affordable housing, which has long
been the practice. The ordinance,however, gives the County Manager discretion in whether to enter into
the Agreement. In keeping with direction by the Board,the County Attorney's Office has determined that
until directed otherwise by the Board,these agreements be placed on the Consent Agenda for the Board's
review, approval and Chair's signature.
FISCAL IMPACT: These agreements defer$245,059.20 in impact fees. Although it is expected that the
County will ultimately collect these deferred fees (generally upon the sale of the property), there is no
guarantee as to if, or when, this would occur. The Developer has paid the impact fees for some of the
homes, and therefore a refund in the amount of $28,105.64 is due back to Big Cypress Housing
Corporation(DEVELOPER).
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7/12/2016 16.D.15.
IMPACT FEE AMOUNT FUND
ROAD $8,460.76 339
JAIL $886.46 381
LAW $824.90 385
ENFORCEMENT
LIBRARIES $579.24 355
PARKS $6,161.42 346
SCHOOL $9,612.82 113
GOVERNMENT $1,406.02 390
BUILDINGS
EMS $174.02 350
TOTAL $28,105.64
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. -JAB
STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to sign the attached Lien Agreement with Developer for Deferral of Specified Collier
County Impact Fees for Rental Affordable Housing for 18 rental affordable housing units located at
Hatchers Preserve, Immokalee, Florida; and approve a refund of$28,105.64 of previously paid impact
fees for this property.
Prepared by:Kim Grant,Director, Community and Human Services
Attachments: Agreements for Deferral of Impact Fees due to the size of the document which is 551KB
and 162 pages long, it is accessible at:
http://apps3.collier9ov.net/agenda/ftp/2016BCCMeetinas/AcendaJuly 1216/PubServices/AGR.EEM ENT
FOR SPECIFIED DEFERRAL, OF CC IMPACT FEES.pdf
Packet Page-1201-
7/12/2016 16.D.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.15.
Item Summary: Recommendation to approve and authorize the Chair to sign a lien
agreement with Big Cypress Housing Corporation (DEVELOPER) for deferral of Specified Collier
County impact fees for 18 rental affordable housing units located at Hatchers Preserve,
Immokalee, Florida; and approve a refund of$28,105.64 of previously paid impact fees for this
property.
Meeting Date: 7/12/2016
Prepared By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
6/27/2016 2:12:55 PM
Approved By
Name: GrantKimberley
Title: Division Director-Cmnty &Human Svc, Community&Human Services
Date: 6/27/2016 2:58:31 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 6/27/2016 4:32:21 PM
Name: LopezMaggie
Title: Supervisor-Accounting, Community &Human Services
Date: 6/27/2016 5:15:45 PM
Name: TownsendAmanda
Title: Division Director-Operations Support, Public Services Department
Date: 6/28/2016 12:15:22 PM
Name: CarnellSteve
Title: Department Head-Public Services, Public Services Department
Date: 6/28/2016 12:36:32 PM
Name: KlatzkowJeff
Packet Page -1202-
7/12/2016 16.D.15.
Title: County Attorney,
Date: 7/6/2016 2:55:53 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 7/6/2016 3:10:36 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 7/6/2016 3:45:52 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 7/6/2016 4:14:02 PM
Packet Page-1203-
Attached :
Are the hyperlink
documents from the
Executive Summary
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Return to
File# FY16-001 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
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affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
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A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
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Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
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11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
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including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
Formatted: Indent: First line: 0.5", Line
spacing: At least 24 pt, Tab stops: Not at 1.5"
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
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EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400164 Hatcher’s Preserve Lot 1 3189 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
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Return to
File# FY16-002 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
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11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400180 Hatcher’s Preserve Lot 2 3185 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-003 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400203 Hatcher’s Preserve Lot 3 3181 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-004 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400229 Hatcher’s Preserve Lot 4 3177 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-005 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR MULTI-FAMILY
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400245 Hatcher’s Preserve Lot 5 3173 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-006 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE-FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400261 Hatcher’s Preserve Lot 6 3169 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-007 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400287 Hatcher’s Preserve Lot 7 3165 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-008 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400300 Hatcher’s Preserve Lot 8 3161 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-009 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400326 Hatcher’s Preserve Lot 9 3157 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-010 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400342 Hatcher’s Preserve Lot 10 3153 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-011 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400368 Hatcher’s Preserve Lot 11 3186 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-012 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400384 Hatcher’s Preserve Lot 12 3182 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-013 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400407 Hatcher’s Preserve Lot 13 3178 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-014 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400423 Hatcher’s Preserve Lot 14 3174 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-015 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400449 Hatcher’s Preserve Lot 15 3168 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-016 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400465 Hatcher’s Preserve Lot 16 3164 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-017 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400481 Hatcher’s Preserve Lot 17 3160 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
1 of 9
Return to
File# FY16-018 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this _____day of
______________, 20___, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as “COUNTY,” and
Big Cypress Housing Corporation hereinafter referred to as “OWNER,” collectively stated as the
“Parties.”
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
“Impact Fee Ordinance,” provides for the deferral of impact fees for new multi-family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner’s duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher’s Preserve rental project, hereinafter
referred to as “PROJECT,” and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER’S
application for the PROJECT and has found that it complies with the requirements for an
2 of 9
affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT’s legal description for the location of
the dwelling units (the “Dwelling Units”) that will have their impact fees deferred is attached
hereto as Exhibit “A,” and the PROJECT’s site plan is attached as Exhibit “B,” and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
3 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household’s monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain “affordable” for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
4 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit’s certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT’S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement’s
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
5 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
6 of 9
including attorney’s fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney’s fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
7 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
OWNER #1:
Witnesses #1:
________________________________ ______________________________
Print Name_______________________
OWNER #2:
Witnesses #2:
________________________________ ______________________________
Print Name_______________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by ____________________________, who are personally known to me
or produced ________________________ as identification
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
COLLIER COUNTY, FLORIDA
By: _____________________________________
DONNA FIALA, CHAIRWOMAN
8 of 9
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this _____ day of
______________, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] _____________________________________
(Signature of Notary Public)
_____________________________________
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
________________________ ________________________
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney Community and Human Services
9 of 9
EXHIBIT “A”
Identification Number Legal Description Site Address
Parcel #49455400504 Hatcher’s Preserve Lot 18 3156 Esperanza Court Immokalee, FL
EXHIBIT “B”
(See Site Plan)
EXHIBIT “C”
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $443.23
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $878.64
G. SFD ROAD $4,230.38
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $13,614.40
Refurn to
File# FY16-001 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIER REFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20� by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the I-Iatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
Ct�t
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
A. Each Dwelling Unit will, during the team of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
fi
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
9. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
C
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D, County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES• The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6 of 9 1Cr,'
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year fust above written.
Prhnt Name 1�tadio a I b G 4
Witness #2
2:�---f
Print Name 4 /s,n torr s
OWN #1:
OWNER #2:
STATE OF FLORIDA A/
COUNTY OF COLLIER "day of
The foregoing Agree nt w ac wle,��e before me thus
/�, 2016, by ✓� ziQt°A who are personally known to me
or produced as identification
[NOTARIAL SEAL]
(Signature of Notary Public)
Rand
010LA VIDALESublicP Slat, al Florida (Print Name of Notary Public)
. Ex ires Jul 26. 2017ission # FF 34748 Commission Number:
rough National Notary Assn.
My Commission Expires:
7 of 9
Cx�
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me,
[NOTARIAL SEAL]
(Signature of Notary Public)
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney q�
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8of9
EXHIBIT "A"
Identification Number Legal Description Site Address
Parcel #49455400164 Hatcher's Preserve Lot 1 3189 Esperanza Court Immolodee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
L SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
ME
a
Return to
File# FYI 6-002 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
201 by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
t°s
Q
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
'thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
I. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
t
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT, Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the properly in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5of9
O
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
=K
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
it es�J
Print NameGP- ou>
Witnesses_
Print Name L,1 s t al tf'-e-$
OWNER #1:
OWNER #2:
STATE OF FLORIDA
COUNTY OF COLLIER
�he foregoing Agreement s ac ow d ed before me this 3®�y day of
2016, by ��%?I k ��Tq who are personally known to me
or produced as identification
o �Q 7
[NOTARIAL SEAL]
(Signature of Notary Public)
FA610LA VIOALES
Nolary Public - State of Florida
E My Comm. Expires Jul 26. 2017
commission y/ FF 34748
0 Bonded Through National Nolary Assn.
`—A�3eDw V rGA�d.J
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
I{im Grant, Director of
Community and Human Services
t`r
EXHIBIT"A"
Identification Number Legal Description Site Address
Parcel #49455400180 Hatcher's Preserve Lot 2 3185 Esperanza Coma Immolialee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
F ' 1 f `»"
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Govermnent Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
I. SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9 of 9
1 e� _GO
C-
{
n �
Return to
File# FYI 6-003 CWIF-R
This Space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Dirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
ti
affordable housing deferral of multi-farnity impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
I. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (tire "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT'S site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
fqd
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT, If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per rmit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
l�
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
S. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4 of 9
11
DEF AULT. OWNER shall be in default of this Agreement:
if OWNER fails to rent the property in accordance with the affordable
0
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement, or
Z) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
c In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5of9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6 of 9
r
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year fust above written.
Wit eSS�e�s #leu
PrintNarne t (e.S
Witnesses #2:
/�
Print Name (--R
t c� (--R
STATE OF FLORIDA
COUNTY OF COLLIER J
The foregoing Agree nt w acic owled d/ before me this 3�/ day of
`�U/► 2016, by ✓`^/> who are personally laiowu to me
or produced as ide tificatron Q
[NOTARIAL SEAL1 �4 A l r 1 0
(Signature of Notary Public)
LT
,FABIOLA VIOnL0 la�... Notary Public - slate o1 HartdaMyCoinm. Ezp'as Jul 2G,2017commission I FF 34748(Print Name of Notary Public)
`° Banded Tluaugh National Notary Assn, Commission Number:
My Commission Expires:
7of9
0
COLLIER COUNTY, FLORIDA
IN
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Giant, Director of
Community and Human Services
8 of 9
EXHIBIT
IBIT " A "
Identification Number Legal Description Site Address
Parcel #149455400203 Ilatcher,s Preserve Lot 3 3181 Esperanza Court Immokalee, TL
EXHIBIT 44g,9
(See Site Plan)
EXHIBIT 41C19
IMPACT FEE BREAKDOWN
TOTAL IMPACT FEES $13,614.40
9of9 6
Amount Owed
Type of Impact Fee
A.
SFD EMS
$87.01
B.
SFD Government Buildings
$703.01
C.
SFD Jail ,
$443.23
D.
SFD Law Enforcement
$412.45
E.
SFA Libraries
$289.62
F.
SFD Community Parks
$878.64
G.
SFD ROAD
$4,230.38
H.
SFD Regional Parks
$1,765.45
1.
SFD School
$4,806.41
TOTAL IMPACT FEES $13,614.40
9of9 6
a
�{ t
_ ig1 o
R
c
a
a
�{ t
_ ig1 o
Return to
File# FYI 6-004 CWIF-R
This space ror recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20_, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -family impact fees as required by the hnpact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT'S site plan is attached as Exhibit `B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT'S impact fees wi11 be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance, If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. Couoty agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (3 0) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9 Iggqqqq}}}
aq
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known mntil building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6 of 9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written,
Mit esses#1:
t,,
PrintName Va46!o\a
Witnesses #2• ;
Print Name SA S
STATE OF FLORIDA
OWNER #1:
OWNER #2:
COUNTY OF COLLIER 3�®��day of
T�I'he foregoing Agreement wa acknowledg d before me this
C PVP 2016, by ✓G S: g who are personally known to me
or produced as rdentification
[NOTARIAL SEAL]
L
...FA610LA VIOALES
"W
Nolary Public - state of Florida
My Conlon. Expnes Jul 2Q 2017
o Commission # FF 34740
Oondod Through National Notary
Assn.
(Signature of Notary Public)
(Print Name of Notary Public)
Comnussion Number:
My Conunission,Expires:
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8 of 9
0.0
EXHIBIT "A" N
Identification Number Legal Description Site Address
Parcel #49455400229 Hatcher's Preserve Lot 4 3177 Esperanza Court Immokalee, ]FL
EXHIBIT «B"
(See Site Plan)
EXHIBIT «C9
I1c�17�U1 yJIOi:I70I\L�IZ13"AM
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
A. SFD Regional Parks
$1,765.45
I. SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9of9
4
Return fu
File# FY16-005 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR MULTI -FAMILY
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20_, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
C.
C
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit `B," and both Exhibits
are incorporated by reference herein.
3. TERM, The OWNER agrees that the tern of the requirement to pay the
PROJECT'S impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
T
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT, Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9 ``
Cx�
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Departinent.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in fall.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria In the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure RENLEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9 i VO \4
E
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
MT44
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
SIGNATURE PAGE TO FOLLOW
6 of 9 Oil
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
�Witnesses #1:
Print Name 1 6b1u .du1eS
Witnesses #2:
Print Nan To r `2
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing
Gvl , 2016,
or produced
[NOTARIAL SEAL]
R
Agrees ent ckn wledg efore me this c,*1'' day of
byr 4wje, 6 ,who are personae me
a identification
(Signature of Notary
f/,Public)
FA910LA VIDAI.ta ,da y—U ,�l Ci �C1 ���
Nolmy Public - scale ol. Flan
My Camm. EXIM105 Jul 26. 2017
Commission I! FF 34746
Bonded ThroWb National Nolary Ass,
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
_, 2016, by Donna Fiala, Board of County Conunissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8 of 9
EXHIBIT "A"
Identification Number Legal Description Site Address
Parcel #49455400245 Iiatcher's Preserve Lot 5 3173 Esperanza Court Immokalee, FL
EXHIBIT "B"
(See Site PIan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A.
SFA EMS
B.
SFD Government Buildings
C.
SPD Jail
D.
SFD Law Enforcement
E.
SFD Libraries
F.
SFD Community Parks
G.
SFD ROAD
H.
SFD Regional Parks
I.
SFD School
TOTAL IMPACT FEES
9of9
Amount Owed
$87.01
$703.01
$443.23
$412.45
$289.62
$878.64
$4,230.38
$1,765.45
$4,806.41
$13,614.40
9
�r
F
9
Return to
File# FYI 6-006 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED ]DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE-FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this ___day of
20_� by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing,
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit `B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of4
C
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT, If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
Ct-0
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
W
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
The subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6of9
IN WITNESS WHEREOF, the Parties Have executed this Agreement on the date and
year first above written.
itnesses #l;
Print Name t a�tb�u d dc� le s
Witnesses #2:
a /0-tA�
Print Name s A� rrX
OWNEI"I: j
OWNER #2:
STATE OF FLORIDA
COUNTY OF COLLIER
�he foregoing Agreee"r%2l'ennt, �j , acl owle ed before me this �� day of
2016, by �d�-- Sr 7' f who are parsonall l I> to me
or produced as identification
[NOTARIAL SEAL]
O1"6A310LA VIDALES
Notary Comm.licEx i es7Ju of Florida
5 My m. Expires Jul 26,'1017
Commission # FF 39740
r!...... Bonded Through National Flolwy Assn.
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
2416, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8of9
EXHIBIT "A"
"
Identification Number Legal Description Site Address
Parcel #49455400261 Hatcher's Preserve Lot 6 3169 Esperanza Court Immokalee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B, SFD Government Buildings
$703.01
C. SFD .Tail
$443.23
D. SPD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
1. SFD Scbool
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9of9
n
3
Return to
File# FYI 6-007 CWIF-R
This space ror recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
k
affordable housing deferral of multi -family impact fees as required by the hnpact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (l 0) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT'S site plan is attached as Exhibit `B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5, SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Hurnan Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
armiversary, date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for Comity taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
I) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9 t
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6of9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
't asses #a
Print NE w ;u�u r
Witnesses #2:
- rJ
Print N e I
�16Q�
STATE OF FLORIDA
COUNTY OF COLLIER
hen foregoing Agre neat ,�as lcno4 le ged before me this �1 rfd' day of
i 2016, b� UP ��jVY, ;V" who are personally lniown to me
or produced as identification --- j
[NOTARIAL SEAL]
ffmFAfiIOLA VICALESy Pu611c � Slala of Floridamm. Explms Jul 26, 2017mission B Ff 94746ihrsugn National Nolary Assn.
(Signature of Notary Public)
�- b,al( V d ! e
(Print Natne of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me. ,
[NOTARIAL SEAL]
Approved as to form and
legality:
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Jennifer A. Belpedio . Kim Grant, Director of
Assistant County Attorney ,��r� Community and Human Services
EXIHBIT "A"
Identification Number Legal Description Site Address
Parcel #49455400287 Hatcher's Preserve Lot 7 3165 Esperanza Court Immokalee, FL
EXHIBIT `B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SPD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
I. SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9of9
C
W
urs❑ mhm � V������ ice' 1 .- Il k-k--�
Return to
File# FY16-008 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20_, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Dirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUN'T'Y desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (c) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit `B," and both Exhibits
are incorporated by reference herein,
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT'S impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordnance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL RE, PORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RE, CORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4 of
11
DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (I5) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at anytime during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
CR
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
SIGNATURE PAGE TO FOLLOW
6of9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year fust above written,
i nesses #
Print Name �~w o" -o W
O ER#1:
OWNER #2:
Witnesses #2:
"v�,��1
Print Name, /moo rC-e S
STATE OF FLORIDA
COUNTY OF COLLIER
he foregoing Ygreey nt via act owl dg�d before me this 317 day of
2016, b ���j ��pv.,[C4 44-7v , �i4f�er/ , who are personally known to me
or produced as identification
[NOTARIAL SEAL]
FA610lA VIDAlE6
• �`I N t1VR i
�. Notary PO • Slalo of r, 20
r _ My Gomm. Expires j,127 6, 201
•'a,`° ,' Commission N FF 94748
„„; �'� Oanded ThmO9p National Notary Assn
(Signature of Notary P blic)
Cw Z�'_u.Ie�
(Print Name of Notary Public)
Commission Number:
Ivry Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
1W
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Cormnission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8 of 9
EXHIBIT "A"
Identification Number Legal Description Site Address
Parcel #49455400300 Hatcker's Preserve Lot 8 3161 Esperanza Court Immokalee, FL
EXHIBIT "B"
(See Site Flan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
I. SPD School
$4,806.41
TOTAL IMPACT FEES
$13,614,40
9of9
Return to
File# FYI 6-009 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20_, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may he amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Dirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the hnpact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
I. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit `B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
C��
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
b. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9 QOD
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
0
4 of 9
11. DE FAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
I) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9 `^.C�'
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amormt of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Patty may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an arnendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
SIGNATURE PAGE TO FOLLOW
6of9�
v
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Print Name
�`�`� lea\e
Witnesses #2:
¢s�vtr ab
Print Name oze
STATE OF FLORIDA
COUNTY OF COLLIER
he foregoing Agre _ ent cI wl dged before me this c day of
(/j/ 2016 b I r6_ , who are personally known to me
OWN #1:
OWNER #2:
1VWk1gn%(4
VT
Y
or produced as identification
(Signature of Notary Public)
PC, 6,Z1C. (/� d�, l� s
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
[NOTARIAL SEAL]
to
cd
Notary Public - Slate of FIorida
I 26 2017
My comm, Expires
Commission N FF347d0
Oonded Through National Wolaiy Assn.
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio Ey
Assistant County Attorney NN
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8 of 9
EXHIBIT "A" "
Identification Number Legal Description Site Address
Parcel #49455400326 Ilatcher's Preserve Lot 9 3157 Esperauza Court Immokalee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A.
SFD EMS
B.
SFD Government Buildings
C.
SFD Jail
D.
SFD Law Enforcement
E.
SFD Libraries
F.
SFD Community Paries
G.
SFD ROAD
H.
SFD Regional Parks
1.
SFD School
TOTAL IMPACT FEES
9of9
Amount Owed
$87.01
$703.01
$443.23
$412.45
$289.62
$878.64
$4,230.38
$1,765.45
$4,806.41
$13,614.40
01
B
G
� o
Return to
File# FY16-010 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of hnpact Fees is entered into this _day of
20_, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WIIERE As, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9 ra
I
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "13," and both Exhibits
are incorporated by reference herein.
3. TERM, The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIE, S. The OWNER represents and
warrants the following:
2 of 9 t �N
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT, If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT, Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
it. DEFAULT, OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
Z) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9 (C�
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the, dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE, PAGE TO FOLLOW
6of9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year fust above written.
AWi esses #
PrmtName
Witnesses #2: /]
,tnQ C4-.�
Print Named= rS�k TocY'-O-
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agr ement a kno le ged before me this T(J day
, 2016, by 'tI /<� Mg eV who are personally known to
or produced as identification ----�
[NOTARIAL, SEAL]l (I
(Signature of Notary Public)
`M1rnrp ,' FAOIDLA ViDALES--��r�l(q
e Nolary Public - Shale of Florida
'My comm. Expires Jul 26, 207 (Print Name of Notal
-y
Dommission N FF 34 48 Commission Number:
Bonded Through National Nolary Assn.
My Commission Expires:
7 of 9
of
me
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
a1
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
EXHIBIT "A"
Identification Number Legal Description Site Address
Parcel #49455400342 Hatcher's Preserve Lot 10 3153 Esperanza Court Immokalee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SPD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SPD Regional Parks
$1,765.45
I. SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9 of 9
E
19
Return to
File# FYI 6-011 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20_, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT'S site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2 of 9
A. Each Dwelling Unit will, during the term of the Agreement, be Soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4 of 9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default,
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6of9 TS
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
�Y�tpess�s #�u
Pr=int Name
Witnesses #2:
Print Name 1 qg j o cC eS
OWNER #1:
OWNER #2:
101
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement wa actcn whed ed before me this c� day of
2016, by`�r A) 7,; firs / , who are personally ]crown to me
or produced as identification
[NOTARIAL SEAL] ��—
(Signahue of Notary Public)
���d�i�GAo,ma
VIDALESSlalc
,,
of FloritlaN}
�
ms Jul 26, 2017°�'
n"A
7E Ff 34748�FpF
tional Nolary Assn.
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
_ , 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney OP
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
=0
EXHIBIT "A"
Identification Number Legal Description Site Address
Parcel #149455400368 Hatcher's Preserve Lot 11 3186 Esperanza Court Immolsalee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
I. SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9 of 9 v
ot
a
Return to
File# FYI 6-012 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -fatuity impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT'S site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT'S impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
connnissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
A. Each Dwelling Unit will, during the term of the Agreement, be coley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5, SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income Ievel as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4 of 9
1. ��
l t. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of tbis Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (3 0) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6of9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses #1:
Print Name rA3r0w t®kL�—s
Witnesses #2:
Print Name�tS,q`To eC-e�s
OWNER #1:
OWNER #2:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was ac kn ledged before me this day of
t 2016, bywho are personally known to me
or produced as identification
[NOTARIAL SEAL]
LfA810lA VIOAUS
Notary PU",o - Stale of Florida
My Comm. Expires Jul 26,.2017
Commission # ff 3,1748
Oaoded Through Nal1onal Notary Assn.
.,A L
VJ
(Signature of Notai� Public)
rf-61D L 71� eS
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
M
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8 of 9
EXHIBIT "A"
Identification Number Legal Description Site Address
Parcel #49455400384 Hatcher's Preserve Lot 12 3182 Esperanza Court Immokalee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact
Fee
Amount Owed
A.
SFD EMS
$87.01
B.
SFD Government Buildings
$703.01
C.
SFD Jail
$443.23
D.
SFD Law Enforcement
$412.45
E.
SFD Libraries
$289.62
F.
SFD Community Parks
$878.64
G.
SFD ROAD
$4,230.38
H:
SFD Regional Parks
$1,765.45
I.
SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9of9
0
Return to
File# FYI 6-013 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County. Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the IIatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
tom;
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance,
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually aelmowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the terns of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2 of 9S
A. Each Dwelling Unit will, during the term of the Agreement, be Soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the hnpact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT, Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3of9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount. of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, tine COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in lull.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4 of 9 CIS)
It. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the tern of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9)
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment c'iarges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
PM
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6of9 s-
to
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnes
s
es
Print Name c,.h aiu ,dale
Witnesses #2:
c % m..M_1O
Print Nam �5 a l c�
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing
fid( 2016,
or produced
[NOTARIAL SEAL]
OWNER #1:
OWNER #2:
Agreement was act, wledP d before me this 3O� day of
byr�,✓�r�L ��(S who are peTsonall lrnown to me
as identification
FABIOLA VIDALES
Notary Public - state of Felicia
a c My Camm [zplfes Jul 26, 2017
Commission ft FF
:1A7A0
Bonded Though National Nalary Assn.
(Signature of Notary Public)
b,")I ( &,, le -,-
(Print
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
e-K64Z-cam
Kim Grant, Director of
Community and Human Services
8of9
I: XHIBI "A"
IdentilicatiouNumber Legal Description Site Address
Parcel #494,55400407 Hatcher's Preserve Lot 13 3178 Esperanza Court Immokalee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E, SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
I. SPD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9of9
n
Return to
File# FY16-014 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
C;,
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county cormnissioners,in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
J
A. Each Dwelling Unit will, during the tern of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C, Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
4 x.14 �
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. 13INDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in fall.
10. RECORDING, This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9 �q
I]. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the Cotmty within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
SIGNATURE PAGE TO FOLLOW
6of9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year fust above written.
witilesses #I-
PrintNamel=ub,00k(A c,w�e5
Witnesses
Print Name/j S A r -re S
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing
C�/ Y 2016,
or produced
[NOTARIAL SEAL]
OWNER #1:
OWNER #2:
Agreement was acimo led�ge efore mf
byfz 1&gy Cid/ 7�S� s , who are
as identification ,
(Signature of Notary Public)
this '?g70 day of
personally known to me
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
gin. ��4.,�,
FABIOLA VIDALES
�=
Notary Public - Stale. of Florida
My Comm. Expires Jul 2fi, 2019
?`
°GIS"
Commission # FF 47748
Bonded jit ougo National Notary Assn.
(Signature of Notary Public)
this '?g70 day of
personally known to me
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
ry
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
M
EXIIIBIT "A"
Identification .Number Legal Description Site Address
Parcel #49455400423 Hatcher's Preserve Lot 14 3174 Esperanza Court Immolcalee, FL
EXHIBIT "B"
(See Site Plan)
EXIMIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SPD Regional Parks
$1,765.45
I. SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9 of 9
Return to
File# FYI 6-015 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20—, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county coma- issioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Pee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually aclarowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT'S site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of4 O
cf?"
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordnance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such Iien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4 of 9
r4 f,)
11, DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of This deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6of9
IN WITNESS WHERE,OF, the Parties have executed this Agreement on the date and
year first above written.
it esse�s #1 :a
Print Name 4;k t- ct ;Jule.
Witnesses #2:
Print Namerk ac'� -L
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agre ent
�UM
as acl owled ed before me this 3iJ"' day of
know to me
2016, b
✓. � r r , who are persorially
or produced
'identification
as
SEAL]
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4(SiAgnature4to—taq
[NOTARIAL
Public)
FABIOLA VIDALES
Slalo ul Florida
�i Notary Pu61ic -
U Comm. EZPires Jul 26, 2Ot7
-ub,� l� • �u le.s
a _ my
commission It FF 347-18
(Print Name of Notary Public)
A
•,,,;��,;;,,:• Oonded Thrau9li Nalian2l NPlary Assn.
Commission Number:
My Conarnission Expires:
7of9
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
Jennifer A. Belpedio Kim Grant, Director of
Assistant County Attorney O Community and Human Services
8 of 9
EXHIBIT "A"
Identification Number Legal Description Site Address
Parcel #49455400449 Hatcher's Preserve Lot 15 3168 Esperanza Comet Immokalee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A.
SFD EMS
B.
SFD Government Buildings
C.
SFD Jail
D.
SFD Law Enforcement
E.
SFD Libraries
F.
SFD Community Parks
G.
SFD ROAD
H.
SFD Regional Parks
I.
SFD School
TOTAL IMPACT FEES
Amount Owed
$87.01
$703.01
$443.23
$412.45
$289.62
$878.64
$4,230.38
$1,765.45
$4,806.41
$13,614.40
9 of 9 1070
,
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Return to
File# FYI 6-016 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20_, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9 ° y
7,q/
affordable housing deferral of multi -family impact fees as required by the Impact Pee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT'S site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
b. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
f'
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
amriversar-f date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of hen.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES, The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely Imown until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
SIGNATURE PAGE TO FOLLOW
6of9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Virt}�esses#1:
PrintName �rlunie`�
Witnesses #2:___ _
Print ame SA o
OWNER #1:
OWNER #2:
401
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agree e�n�t w� s ack�I�j ow�leylge before me this �'�day of
U 2016, byc�E`�`��� 4s'l•� />7l✓/ 7' who are personally Itnown to Inc
or produced as identification
[NOTARIAL SEAL] t`k'� - sa- 4 a�
(Signature of Notary// Public)
—ab,a�a V:�w(es
t���n�n�y,,M-
7
VIOALES
Slate of Florida (Print Name of.Notary Public)
N � eo i res Jul 26, 2017 Commission Number:
io al 3A748 My Commission Expires:
tional Notary Assn.
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
, 2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8of9
. 1�:M
Identification Number Legal Description Site Address
Parcel #49455400465 Hatcher's Preserve Lot 16 3164 Esperanza Court Immokalee, FL
EXHIBIT °B"
(See Site Plan)
EXMBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
I. SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9of9 g
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Return to
File# FY16-017 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20� by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT's impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
A. Each Dwelling Unit will, during the term of the Agreement, be Soley
offered and available to a qualifying occupant/tenant.
B, At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT REN'T'AL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income level as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per runt deferred impact fee on the non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT, Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitming report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
i,
or
11. DEFAULT. OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure RIEMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
t) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled. to recover all fees and costs,
5 of 9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
6of9 i
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Print Name Fa6,\r1 isle-,
Witnesses #2:
/
&A"'j
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing
2016,
or produced
[NOTARIAL SEAL]
O 1:
OWNER#2:
dl1' 4
Agreement 'was
aeI wle�dged before me this � � day of
by ®o/ ✓� /�'fS 2 Z , who are personally known to me
as identification
RM
FABIOLA VIDALESary Public -State of Floridaomm. Expires Jul 26, 2017ommission # FF 34746ed Through National Notary Assn.
(Signature of Nota>7y Public)
1 ahto�N UjL lei
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
'2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney ^�
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Recommend approval:
Kim Grant, Director of
Community and Human Services
8 of 9
EXHIBIT "A"
Identification Number Legal Description Site Address
Parcel #49455400481 Aatclier's Preserve Lot 17 3160 Esperanza Court Immokalee, FL
EXHIBIT «B»
(See Site PIan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A.
SFD EMS
B.
SFD Government Buildings
C.
SFD Jail
D.
SFD Law Enforcement
E.
SPD Libraries
F.
SFD Community Parks
G.
SFD ROAD
H.
SFD Regional Parks
I.
SFD School
TOTAL IMPACT FEES
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Amount Owed
$87.01
$703.01
$443.23
$412.45
$289.62
$878.64
$4,230.38
$1,765.45
$4,806.41
$13,614.40
9
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File# FYI 6-018 CWIF-R
This space for recording
AGREEMENT FOR SPECIFIED DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR SINGLE FAMILY RENTAL
AFFORDABLE HOUSING
This Agreement for the Deferral of Impact Fees is entered into this day of
20_, by and between Collier County, a political subdivision of the State of
Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and
Big Cypress Housing Corporation hereinafter referred to as "OWNER," collectively stated as the
"Parties."
RECITALS:
WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated
Impact Fee Ordinance, as it may be amended from time to time, hereinafter referred to as the
"Impact Fee Ordinance," provides for the deferral of impact fees for new multi -family, rental
dwelling units which qualify as affordable housing; and
WHEREAS, Steven Kirk, as President of Big Cypress Housing Corporation, is the
Owner's duly authorized agent; and
WHEREAS, Big Cypress Housing Corporation, has applied for a deferral of impact fees
as required by the Impact Fee Ordinance for the Hatcher's Preserve rental project, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Human
Services Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the requirements for an
1 of 9
affordable housing deferral of multi -family impact fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of
Thirteen Thousand six hundred fourteen dollars and 40 cents ($13,614.40) for ten (10) years after
the execution of the impact fee deferral agreement by the county, unless otherwise extended by
the board of county commissioners, in accordance to 74-401 section (e) of Collier County Code
of Ordinances; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and
WHEREAS, by signing this Agreement, the County will approve a deferral of impact
fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT'S legal description for the location of
the dwelling units (the "Dwelling Units") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT'S site plan is attached as Exhibit `B," and both Exhibits
are incorporated by reference herein.
3. TERM. The OWNER agrees that the term of the requirement to pay the
PROJECT'S impact fees will be deferred for ten (10) years from the date of the execution of the
impact fee deferral agreement by the county, unless otherwise extended by the board of county
commissioners. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
2of9
A. Each Dwelling Unit will, during the term of the Agreement, be soley
offered and available to a qualifying occupant/tenant.
B. At the commencement of any leasehold and throughout the duration
thereof, the households renting Dwelling Units must have a very low or low
income level, as those terms are defined in the Impact Fee Ordinance; and the
household's monthly rent must be within the affordable housing guidelines
established in the Impact Fee Ordinance.
C. Each Dwelling Unit must remain "affordable" for at least ten (10) years
from the date its certificate of occupancy was issued.
D. The head of the household will be at least 18 years of age and must be
either a citizen of the United States or be a legal alien who permanently resides in
the United States.
5. SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER
rents a Dwelling Unit which is subject to the impact fee deferral and then re -rents that Dwelling
Unit to a subsequent renter, the Dwelling Unit shall be re -rented only to persons or households
meeting the qualifying criteria set forth in the Impact Fee Ordinance. If the income of any unit
renter which originally qualified as very low or low income Ievel as defined in the Impact Fee
Ordinance increases by more than forty percent (40%) above the maximum low income level
described in the Impact Fee Ordinance, then the per unit deferred impact fee on tine non-
compliant unit shall become immediately due and payable by OWNER or, in the alternative, the
OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth
in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the
guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or ten (10)
years from the date of the execution of the impact fee deferral agreement by the county..
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to
the Housing and Human Services Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
3 of 9
Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the
anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any
Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by
any other state or federal agency will not be required to file this separate affidavit of compliance
with the County Manager. A copy of the monitoring report by Florida Housing Finance
Corporation or monitoring report by any other state or federal agency will be forwarded to the
Collier County Housing and Human Services Department.
7. LIEN. OWNER agrees that the dollar amount of deferred impact fees,
commencing on the effective date of this Agreement and continuing until paid or released, will
constitute and be a lien in the amount of $13,614.40 on the PROJECT'S property and Dwelling
Unit which lien may be foreclosed upon in the event of non-compliance with the requirements of
this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree
that by, and in consideration of, a security collateral being provided by the OWNER to the
COUNTY. Except as elsewhere noted in this Agreement, such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other
person except that this lien shall be on parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their heirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said
impact fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution
of this Agreement by the County Manager.
4of9
11. DEFAULT, OWNER shall be in default of this Agreement:
A. if OWNER fails to rent the property in accordance with the affordable
housing standards and qualification criteria established in the hnpact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days
of mailing of written notice of said non-compliance,
B. if OWNER continues to violate one of the affordable housing
qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days
after mailing of written notice of such violation, or
C. with respect to the Annual Report, once a fifteen (15) day grace period
from the date of the report being due has expired, the OWNER will thereafter be
in default.
D. County agrees to accept or reject cure tendered by any partner of Owner on
the same basis as if the Owner tendered such cure REMEDIES. The following
remedies are cumulative with any other right or remedy available to the
COUNTY:
A. Should the OWNER of the property:
1) fail to comply with the said qualification criteria at any time during
the term of this Agreement; or
2) violate any provisions of this Agreement,
then the dollar amount of impact fees deferred shall be paid in full by OWNER to
the County within thirty (30) days of written notification of said violation.
B. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing written notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement.
C. In addition, the lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in equity including the foreclosure of a mortgage on
real property. The COUNTY shall be entitled to recover all fees and costs,
5 of 9
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
Notwithstanding anything in this Agreement to the contrary:
(a) OWNER agrees that, upon the occurrence of a default, OWNER shall promptly
provide notice of such default or event of default to COUNTY, and OWNER further agrees
thereafter not to make any payments under or pursuant to this Agreement (including, but not
limited to, impact fees, interest, additional interest, late payment charges, default interest,
statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement);
and
12. As the amount of impact fees being deferred by this Agreement is an estimate based
upon projected impacts which will not be precisely known until building permits are issued for
the subsequent construction of the units contemplated as part of this Agreement, the OWNER
and COUNTY acknowledge and agree that either Party may be required to make adjustments for
payment of any impact fees which may be due above and beyond the amount of this deferral.
Such adjustments will be in the form of an amendment to this Agreement to the dollar amount of
the deferral of impact fees that would otherwise be due and payable upon issuance of the required
building permits.
REMAINDER OF PAGE INTENTIONALLY LEFT BLAND
SIGNATURE PAGE TO FOLLOW
6of9
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
ttuesses # :
Print Name V-<AlataVc, klle-S
Witnesses #2: _
Print Name„�o r r -e
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing
R�(
12016,
or produced
[NOTARIAL SEAL]
L-qr-�
FA010LA VIOALES
Notary Public - State of Florida
My Comm. Expires Jul 25, 2017
Commission # FF 34748
Douded Through National Notary Assn.
before me this yy� day of
_, who aLe�uersonally known to me
(Signature of Notary Public)
i—u6;��a V,c1a�eS
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
7of9
COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRWOMAN
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
'2016, by Donna Fiala, Board of County Commissioners Chairwoman, on
behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
Jennifer A, Belpedio 4 I6m Grant, Director of
Assistant County Attorney 1\ �`OP Community and Human Services
,�
8 of 9
EXHIBIT «A»
Identification Number Legal Description Site Address
Parcel #49455400504 Hatcber's Preserve Lot 18 3156 Esperanza Court Immokalee, FL
EXHIBIT "B"
(See Site Plan)
EXHIBIT "C"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. SFD EMS
$87.01
B. SFD Government Buildings
$703.01
C. SFD Jail
$443.23
D. SFD Law Enforcement
$412.45
E. SFD Libraries
$289.62
F. SFD Community Parks
$878.64
G. SFD ROAD
$4,230.38
H. SFD Regional Parks
$1,765.45
I. SFD School
$4,806.41
TOTAL IMPACT FEES
$13,614.40
9 of 9
a