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Agenda 07/08/2014 Item #16F17/8/2014 16.F.1. EXECUTIVE SUMMARY Recommendation to approve a Termination of Agreement and Release of Lien for Ospreys Landing, Ltd. for the Ospreys Landing Apartments, due to the impact fees being paid in full in accordance with and the terms of the 1994 Deferral Agreement and the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes the Chairman to sign a Termination of Agreement and Release of Lien for Ospreys Landing, Ltd. for the Ospreys Landing Apartments due to the impact fees being paid in full in accordance with the terms of the 1994 Deferral Agreement and the Multi - family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances (Code). CONSIDERATIONS: The Multi - family Rental Impact Fee Deferral Program was originally adopted by the Board on December 12, 1992. As written, the Program currently provides a deferral of impact fees for a period of ten years for qualified affordable rental projects. This timeframe has previously been extended from a six year term to six years and nine months to the current term of ten years. The program is limited to very low or low income households. The unit must be the household's permanent residence and the head of household must be a legal resident or citizen of the United States. Rental limits may not exceed the rental limits established by Florida Housing Finance Corporation. The program is limited to 225 units per year, including any qualifying Community Workforce Housing Innovation Pilot Program (CWHIP) units. On December 6, 1994, a Deferral Agreement, in the amount of $841,199, was executed between Collier County (County) and Ospreys Landing, Ltd. (Owner), for the Ospreys Landing Apartments, for a term of six years. The deferral agreement stood in lieu of the impact fees otherwise due for the subject construction of 176 affordable rental dwelling units and amended and restated previously recorded deferral agreements. In accordance with the 6 -year term of the Deferral Agreement, the cash - equivalent financing instrument provided by the Owner matured on August 15, 2001, thereby paying the impact fees in full. It is unknown why a Release of Lien was not approved and recorded at that time. In accordance with Section 74- 401(g) (5) of the Code, staff and the County Attorney have prepared a Release of Lien for approval by the Board and signature by the Chairman. The document will then be recorded in the public records of Collier County. FISCAL IMPACT: Impact Fees were paid and deposited in the respective Impact Fee Trust Funds in accordance with the term of the Agreement. Upon payment, such funds became available to provide funding for growth- related capital improvements. GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." Packet Page -2170- 7/8/2014 16.F.1. Additionally, Policy 1.4 of the Housing Element of the Collier County Growth Management Plan states: "Collier County shall seek to distribute affordable- workforce housing equitably throughout the county where adequate infrastructure and services are available. Programs and strategies to encourage affordable- workforce housing development may include, but are not limited to, density by right within the Immokalee Urban area and other density bonus provisions, impact fee deferrals, expedited permitting (fast tracking), public private partnerships, providing technical assistance and intergovernmental coordination. " Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. The deferral of impact fees for the subject property for the initial 6 year term (or other specified term) was consistent with the Growth Management Plan and the impact fee regulations in place at the time of execution of the Agreement. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The obligation was satisfied years ago. The County is being asked to formally release the lien in order to clean up the title of this property. The Satisfaction of Lien is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a Termination of Agreement and Release of Lien for Ospreys Landing, Ltd. for the Ospreys Landing Apartments due to the impact fees being paid in full in accordance with the terms of the 1994 Deferral Agreement and the Multi - family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. Prepared by: Amy Patterson, Impact Fee Manager Office of Management and Budget Attachments: 1) Proposed Release of Lien; 2) Deferral Agreements (3) Packet Page -2171- COLLIER COUNTY Board of County Commissioners Item Number: 16.F.2 7/8/2014 16.F.1. Item Summary: Recommendation to approve a Termination of Agreement and Release of Lien for Ospreys Landing, Ltd. for the Ospreys Landing Apartments, due to the impact fees being paid in full in accordance with and the terms of the 1994 Deferral Agreement and the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. Meeting Date: 7/8//2014 Prepared By Name: patterson_a Title: Manager - Impact Fees & EDC, Business Management & Budget Office Approved By Name: klatzkowjeff Title: County Attorney, Date: 06/26/2014 03:34:37 PM Name: ushers Title: ManagementBudget Analyst, Senior, Office of Management & Budget Date: 06/27/2014 11:46:09 AM Name: ochs_1 Title: County Manager, County Managers Office Date: 06/30/2014 08:42:00 PM Packet Page -2172- 7/8/2014 16. F.1. TERMINATION OF AGREEMENT AND RELEASE OF LIEN KNOWN ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 East Tamiami Trail, Naples, Florida, 34112, the owner(s) and holder(s) of a certain Amended and Restated Impact Fee Agreement executed by Ospreys Landing, Ltd. to Collier County, on December 6, 1994, and recorded on December 20, 1994, in Official Records Book 2012, Page 2265, of the Public Records of Collier County, Florida, such Agreement having amended the agreement executed by Ospreys Landing, Ltd. to Collier County, on November 9, 1993, and recorded on April 14, 1994, in Official Records Book 1935, Page 817, of the Public Records of Collier County, Florida, and re- recorded on April 22, 1994, in Official Records Book 1938, Page 1481, of the Public Records of Collier County, Florida, hereby does terminate the aforesaid Agreement and release the real property described in Exhibit "A" (attached) from the aforesaid Agreement. The undersigned is authorized to and does hereby release this lien as to the whole of the described real property and consents to this lien being discharged of record. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legality: Jeffrey A. Klatzkow County Attorney 2014. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Packet Page -2173- TOM HENNING CHAIRMAN 7/8/2014 16.F.1. Exhibit "A" The East Half of the West Half of the Southeast Quarter of Section 6, Township 50 South, Range 26 East, Collier County, Florida, less and excepting the South 75 feet thereof, previously deeded to Collier County for road purposes. 2 Packet Page -2174- Prepared By and Return To: JANM E. SLA11M P.A. Broad and Cassel Barnett Bank Center P.O. Box 4961 Orlando, Florida 32$42 -4961 7/8/2014 16.F.1. 1888719 OR; 2012 PG; 2265 RICORDE in OIIICiAL RICORDS of COLLIER COUNTY, FL 1212019 at 09:36AM DTIMT E. BROCK, CLERK RIC FIB 4210D Beta: CLLR[ T TBE BOARD INTERO! ICE 5TH ZLOOR IzT 640 For ReooWm AMpom only AMENDED AND RESTATED AGREF.MWM FOR 100% DEFERRAL OF COL UUNW EMPACT FEES THIS AM MI MWACT FEES en" County Comm Ospreys Landing; Ltd, Library System Collier County ks Ordinance No. 9 �'nl Impact Fee Ord' ; Road Impact Fee Water System Im Collier County Sew amended, the Collier further amended from tip Ordinance", provide for affordable housing and tESTATED AGR1 (Grr+ day of riCoonty, Florida,, Collier County Ordinanci 0 finance; Collier County Impact Fee Ordinance; CL 1 Srducational Facilities Impact I'm ON 1% DEFERRAL OF between the Board of t0 as County" and dto as "Oliv ....." . the ollier County o. $ -96, as amended, the Confer County A 56mces System .n : e Collier County the Collier County as amended, the �. ce 92 -33, as pale, as they may be ,s as - Impact Fee units qualifying as WHEREAS, Rockwell T. Gust, Jr., d/b /a JR Properties, is the President of RTG Properties, Inc., a Florida corporation, one of the Joint Venturers of Ospreys Landing Joint Venture, a Florida Joint Venture, which was formerly the General Partner of the Owner, and formerly served as a duly authorized agent for the Owner, and WHEREAS, Rockwell T. Gust, Jr., as Owner's duly authorized agent, applied for a deferral of impact fees as required by the Impact Fee Ordinance; and WHEREAS, the County Manager or his designee reviewed the Owner's application and found that it complied with the requirements for an affordable housing deferral of impact fees as established in the Impact Fee Ordinance; and 881021411 MUESMOL11.21A 941121- 11:14m Packet Page -2175- 7/8/2014 16. F.1. OR: 2012 PG: 2266 WH PJM, the impact fee defend shall be presented in lieu of payment of the requisite impact feces subject to satisfaction of all c& au in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, the County approved defend of impact fees in the amount of Five Hundred Four 'Thousand Two Hundred Forty -One and No/lW Dollars (5.504,241.00) for fifteen (15) years, on the Ospreys Landing Site, embodied in Resolution 93 -508, at its regular meeting of November 9, 1993; and WHEREAS, the Impact Fee Ordinance requires that the Owner enter into an Agreement with the County; and VVEDM A5, the � ' Main Agreement for waiver or Deferral of Collier Y Fees, dated Noven�ar recorded in Official Records Book 1935, end rerecorded in Official 1938, Page 1481, Public Records of C her t aeteltl�Morida (the "Original Ag�t"), WKMEAI $% dn4mpab'g"Fex Hrdinarnee� (as define in the .Or%ginal "meet) has been SID juently amea'n� ty it a to d the terms of the Oagind t F ° c c, as amended, and malting it possib# for ty . and t to the Original Agreeni t to i p €ender or go funded SAIL or HOME loan unddrf, nth. the ce nc r'8 c, as amended; and WHEREAS has requested: (1) wnh► f ate its rights, 4 interests and tial ad, to the Original s primary lender and a govanment HOME (ii one hundred percent (100% t t tnpacx fees for the project be. deferred for a period mdw than the dE`ferrai previously approved by the County in the d (iii) that all one hundred seventy -six (176) units in the families, rather thaw thirty -five (35) units being set aside for very bw -< . , ,and one hundred forty -one (141) units being set aside for low income families as set forth in the original application, Resolution 93-508 and the Original Agreement. W IUMAS, the County and the Owner have agreed to enter into this Amendment for the purposes set forth above and to amend and restate the Original Agreement in its entirety; NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreements contained henanbelow, and other good and valuable consideration, the receipt 112 14=36VINUor.12MA 941=- 3:36ps 2 Packet Page -2176- 7/8/2014 16. F.1. OR: 2012 PG: 2261 For Rrooe - > 0* and sufficiency of which are hereby acknowledged by the County and the Owner, the parties covenant and agree as fouows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. SUPERSEDURE. The County and the Owner do hereby amend and restate the Original Agreement in its entirety. This Agreement shall supersede the Original Agreement, which Original Agreement shall be of no further force and effect after the execution hereof by the parties. 3. LEGAL DES of the dwelling units (the "Dwelling Unit ") is ted by reference herein. 4. TERMM that the Dwelling Unit affordable and shall be offered for refit M' a o with the standards set forth ' the dix to the Impact Foe ONUMIL- for ° um of $ commen ' g the date a certificate cif occupancy is i for she Dw�nit. the foucn : ( 7P re�qnts and warrants (b) as set forth in hragraph"&*Ifiu loin %ousehold renting the D dust have not more than a 1 ° ' lcw as those terms are definedA 'oes to the respective I "F 1 iiclances at the oom t-d, r old acrd A~ ereof, and the monthly rent must be within °" e _af „fdi low - income families established in the 'irrlUact Fee Ordinances. (c) The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the cartifieate of occupancy was issued. 6. SUBSEQUENT RENTAL OR TRANSFER. If Owner rents the Dwelling Unit subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to households meeting the criteria for low income families as set forth in the Impact Fee Ordinance. The impact fees deferred shall be immediately repaid to the County upon the discontinuance of use of the Dwelling Unit as affordable housing, or six (6) years from the date such impact fees are deferred, whichever occurs first. RM141WMVESMOLl I.2IA 441123 - 3:Mpm . 3 Packet Page -2177- OR: 2012 PG; 7L8p�014 16.F.1. Par Aa wft PoPwa. orb 7. LIEN. (a) The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon the event of non - compliance with the requirements or this Amendment. (b) The County acknowledges and agrees that: (1) In consplianoe with the provisions of the Impact Fee Ordinance, Owner has demonstrated to the County that a subordination of the County's rights, interests =r h Ito obtain financing for Owner's affordable" `"' Fisi g 46' hundred seventy-six (176) cash to 0 with the provi to the County Of f fees agrees that it shall not nego6e the Bd tct fees become due and pa u!q1ent, and that all monies bj 44"bW to the payment of said de :t Fee Ordinance, the I in the form of a rty which will yield des, i.e. the sum of rdty -nine and N61100 rf the deferral, i.e. a 1 nature at the end of amount equal to ty covenants rr d until the deferred ms of this R of the Bond shall obligation owing by (c) Based dpi anftfiae's as set forth in sub - paragraphs 7(b)(1))" oths . t, and notwithstanding anything contained in this Agreemen Agreement to the contrary, the County hereby covenants and agrees that all of its rights, interests and lien arising under or pursuant to this Agreement or the Original Agreement shall be and are hereby made junior, inferior, and subordinate to: (1) That certain construction loan from NationsBank of Florida, N.A. to the Owner in the fact amount of Six Million Four Hundred Fifty Thousand and N61100 Dollars ($6,450,000.00) together with interest thereon, and any other payments, advances, or obligations owing by Owner with regard therefor (the "Construction Loan "), including, without limitation, any and all Loan Agreements, Mortgages, Security Agreements, R=141M6UESMOLI1.21A 941121.11:I$an 4 Packet Page -2178- 7/8/2014 16.F.1. OR: 2012 PG; 2269 For 1--ft ftm— 0* Assignments of Rents and I.eo , UCC Financing Statements and other security instruments evidencing or securing the Construction Loan; and (2) That certain HOME loan from the Florida Housing Finance Agency ('FHFA ") to Owner in the amount of One Hundred Seventy-Six Thousand Dollars ($176, 000.00), together with interest thereon, and any other payments, advances, or obligations owing by Owner with regard therefor (the "HOME Loan "), including, without limitation, any and all Loan Agreements, Mortgages, Security Agreements, Assignments of Rents and Leases, UCC Financing Statements, Land Use Restriction Agreements, and other securityjastrat 5 —pri tencitrlg or securing the HOME Loan; and (3) is financings of or to 'C, or both of them, or of of lenciag or securing either a manieeltloan ,loans to satin .oan,�tp�e HOME.oan, or or any instruments of a 0 h of them, reasonably requ meat or instrument evident � covenants and agrees to , renewals, replacements, ;don Loan, the HOME y the documents or th them, without and finance all or part of s _ �` °F1, c) above is intended to r e t an lender to whose run, an till is company who .oan ' OME Lmn manent sad r or refinancing r -that ecute and deliver a �uch subordination, the sdtllauC �asonable delay. 8. ANNUAL 'T AnnuaUy, the Ow l <YeUing Unit shall provide to the County Man ager ai 't a rdable housing qualification criteria and standards tIcpa . Said affidavit must be filed within thirty (30) days of the "i"the issuance of the certificate of occupancy. If the income of any unit renter which originally qualified as low income level as defined in the applicable Appendix to the Impact Fee Ordinance exceeds the Affordable Housing benefit standards as set forth in applicable Appendix to the Impact Fee Ordinance by more than forty percent (4096), then the deferred Impact Fee 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 respective Appendices. 9. RELEASE OF LIEN. Upon satisfactory completion of the Original Agreement requirements, and upon payment of the deferred impact fees, the County shall, at the M0214110236VESMOL11.21A 941121 - 11:13= W Packet Page -2179- 7/8/2014 16. F.1. OR: 2012 PG: 2270 F- K--d">0* expense of the County, record any necessary documentation evidencing same, including but not limited to, a release of lien. 10. BINDING EFFECT. This Amendment shall be binding upon the parties to this Amendment, their heirs, successors and assigns. in the case of sale or transfer by gift of the Dwelling unit, the original Owner shall remain liable for the impact foes deferred until said impact fees are paid in M. 11. RECORDING. This Amendment snail be recorded by Owner at the expense of Owner in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Amendment by-tlt ±r-ef,* e Board of County Commissioners. 12. DEFAULT. -efani f�kbgdment (1) where Owner fails to rent the prope¢y,�i,s #' with the afford�htu standards and qualification criteria established rti Impact Fee Ordinance and th to pay the impact fees due within thty (30� da s of notice from the County of -corn liallee, or (2) where Owner violates o*of �, affordab Rr cation cri hteria the Impact Fee Ordinance or a p6nod o i�i�(15). s after of vio on. However, with respect to the Ann 1 s Aundment until a fifteen (1S� dayi fr in ge `u of 1apJ in the event the Owner isn de t. , 13. tort y with the said qualifilat�i-�trntl at any time during the six year period ld Owner violate any provisi *is Agreement, the impact f ��deferr®d s 'd in full by Owner within thirty s of said non- compliance. xgreds t e impact fees deferred shall alien on the property comm a °' it effective date of this agreement and til paid, subject, however 'visions of Paragraph 7 hereinabove. Ex in said Parag�t ", n shall be superior and paramount to the in in t� f an lessee, tenant, mortgagee .�w or other person except the ' __� #-11 be on a parity with the lien of such County taxes. Should the t of this Amendment and the default is not cured within thirty (30) days after written notice to the Owner, the Board may bring a civil action to enforce the agreement. In addition, the lien may be foreclosed or otherwise enforced by the County by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the County. The Board shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. REW2141 WT36VESMOL11.21A 941121- 11:19m 6 Packet Page -2180- 7/8/2014 16. F.1. OR: 2012 PG: 2271 PW ftp-0* IN WITNESS WHEREOF, the parties have executed this AMENDED AND RESTATED AGREEMENT FOR 100% DEFERRAL OF AWACT FEES on the date and year first above written. Signed, sealed and "OWNER" delivered in the presence of: OSPREYS LANDING, LTD., a Florida limited partnership By: CED CAPITAL HOLDINGS M, LTD., a Florida limited partnership, its sole general partner By: CED CONSTRUCTION, INC., Co �T a Florida corporation, its g General Partner By:_ ------- .-D°"° epee / �. M1 lce Present , Name: ` ' 7 "� Orporate,Seal} •; Clerk Approved as to form and legal sufficiency: Print Name: 14FIbi r. ASHMIQ Assistant County Attomey s " 1S�RD OF tOUI�+i'�i RM1411023611ENJOLI1.21A %1121- I Ill . 7 Packet Page -2181- 0 9y STATE OF FLORIDA COUNTY OF ORANGE 7/8/2014 16. F.1. OR: 2012 PG: 2272 For ft"":s PW 0* The foregoing instrument was acknowledged before me this 21st day of November, 1994, by Donna D. Pepper, as Vice President of CED CONSTRUCTION, INC., a Florida corporation, Managing General Partner of CED CAPITAL HOLDINGS III, LTD., a Florida limited partnership, sole General Partner of OSPREYS LANDING, LTD., a Florida limited partnership, on behalf of the partnership. )%She is either personally known to-me-or has produced as i ti€iczdan: - -,_ {� A t �6►.Jrf�N� �� (/ iWBLIC 0�' Printed No : NOcca�r--�mlrission o: • { ` -� WC6knission Expires: STATE OF Fl COUNTY OF The fora Impact Fees was Commissioners, he(sh the same freely and vi thereto is the true and Florida. =0214 MUBSM01.11.21A 941121- 11:1hm did At° for 1 before me this 6th of as Chairman r personally known to :n under the authority vested of the Board of County t 8 Collier County 1994, by Hoard of County dedged executing 1t the seal affixed of Collier County, print Name: cat=iP„ sue vi _oia Notary Public, State of Florida Commission No. My commission expires: OF OEM Packet Page -2182- 7/8/2014 16. F.1. **' OR: 2012 PG: 2273 *t* EXHIBIT *Am LEGAL DESCRIPTION The FAA Half (E 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 6, Township 50 South, Range 26 East, Collier County, Florida, less and excepting the South 75 feet thereof, previously deed to Collier County for mad purposes. co . .. ....... ... N A0, 1.4 --q CA MM141WMVUMOLIIIIA 941111- I 1:18am Packet Page -2183- PW Romft ft 0* - 7/8/2014 16. F.1. Y. AGREEMENT FOR WAIVER OR DEFERRAL OF me 300 COLLIER COUNTY IMPACT FEES PRM DOC — INT This Agreement for the deferral of Impact Fees entered into- t his day of 199X, by and between the Board O of County Commissioners of Collier County, Florida, hereinafter= referred to as "COUNTY" and OSPREYS LANDING, LTD., a Florida c) CD w iimited partnership, hereinafter referred to as "OWNER ". Ca 'S WITNESSETH: ap Lai 4 WHEREAS, Collier County Ordinance No. 88 -97, as amended, the CD C] Collier County Library System Impact Fee Ordinance; Collier County t� tyJ Ordinance No. 88 -96, as amended, the Collier County Parka and � O Recreational Facilities Impact Fee Ordinance; Collier County O O Ordinance No. 91 -71, as amended, the Collier County Emergency Q CO rq — Medical Services System Impact Fee Ordinance; and Collier County J 7% z Ordinance No. 92 -22, as amended jollier County Road Impact Fee CD v Ordinance, Collier o�10 0-86, as amended, the CTS O Collier County Wa tem Impact Fee dirnapce; Collier County W J \ id ti - Ordinance No. 90187, a endue -the olli County Sewer System ` Impact Fee Or na 0 nce No. 92 -33, as amended, the 11 a Co n y E �c i n acil'�ties Impact Fee Ordinance, as e b r am time to time, o hereinafter coll` vely referred t, s �"Ifi' Wct Fee Ordinance ", VFU OD provide for waive o deferral of imp t, kes for new owner- occupie d or rental dw In a gas affordable housing; N- Z m and O WHEREAS, Rockwell T. Gust, Jr., d /b /a/ JR Properties, is the President of RTG Properties, Inc., a Florida corporation, the Joint Venture Manager of Ospreys Landing Joint Venture, a Florida joint venture, the general partner of Ospreys Landing, Ltd., a Florida i x.: i i 7/8/2014 16.F.1. limited partnership (the Owner) and serves as a duly authorized agent for the Owner; and WHEREAS, Rockwell T. Gust, Jr., as OWNER'S duly authorized agent, has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application being attached hereto and incorporated by reference herein; and o WHEREAS, the County Manager or his designee has reviewed the vo O CA OWNER's application and has found that it complies with the X Cn requirements for an affordable housing waiver or deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver or deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying CD O the project as eligible for an impact fee waiver or deferral; and > CD WHEREAS, the COUNTY approved a deferral of impact fees for co Ospreys Landing, embod' elco 93 -508, at its regular meeting of November 9 and WHEREAS, th Im Ordinance r i s that the OWNER enter into an A ee ent wit t COUNT . NOW, THERE ORE s d r ti o egoing recitals the parties covenan (""'11 ( J� 1 s : -,1 1. RECITA� NCORPORATED. Th�,for�goYn� recitals are true and correct and s e incorporatedk" ' r £aw nce herein. 2. LEGAL DES \ \\ The lega ption of the dwelling units is attached her A and incorporated by reference herein. 3. TERM. OWNER agrees that the property shall remain affordable and shall be offered for sale or rent as the case may be -2- a M �.... 7/8/2014 16. F.1. in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date a certificate of occupancy is issued for the dwelling unit. 4. CONDITIONS FOR WAIVER OR DEFERRAL OF IMPACT FEES. OWNER represents and warrants that it has control of the property O CD CD described in Exhibit "A ", and the consent and approval of the fee W to O simple owner of same, which property owes impact fees in the amount CD W Cn of $841,199.00 pursuant to the Impact Fee Ordinance. In return for the waiver or deferral of a portion of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver or deferral qualification criteria detailed in the Impact Fee Ordinance. O 5. Where an impact fee waiver or deferral is granted to an a O CD O OWNER who will be selling or renting the dwelling unit subject to m — / � the impact fee waiver�sd r ubsequent purchaser or r renter, the dwell" it shall be i or rented only to households meeti�pg h ria se for i the Impact Fee Ordinance. / // 6. For o e o cu a we1 L i '1ree lim P act fees have � been waived, t u ' for affordable housing for a f n (15) year per d aft 'the certificate of occupancy is issu' n if the dwell ng f 'b ses to be utilized for that purpose du h peri ,_1a impact fees shall be i repaid to the COUNTY. Eve mpact fees have been repaid to the COUNTY because the dwelling unit has not been utilized for I affordable housing, the COUNTY can require the owner to utilize the dwelling unit for affordable housing. -3- I 7/8/2014 16. F.1. 7. For owner- occupied dwelling units, the amount of impact fees deferred shall be repaid to the COUNTY upon the sale, refinancing or discontinuance of use of the dwelling unit for affordable housing, whichever occurs first. O O 8. For rental units, the impact fees deferred shall be = W repaid to the COUNTY upon the sale, refinancing, or the p W 7K uY discontinuance of use of the dwelling units as affordable housing, or fifteen years from the date of issuance of a certificate of occupancy, whichever occurs first. OWNER agrees that even though the impact fees have been repaid to the COUNTY because the owner sells, refinances or discontinues the use of the dwelling unit for C affordable housing, the COUNTY can require the owner to utilize the G a O CO dwelling unit for affordable housing for fifteen (15) years from m N the date the certificate of occupancy was issued for the dwelling C unit. 9. LIEN. The lien upon the event of non-( 10. shall provide t th the affordable 1 forth in the Im 71 within thirty (30� the certificate of t ch lien mag ..1 Id the requi ))RT. th C u la a e ail a-Fn. Fee ordinance. 1 .s ► s of the annivA cc&cy . 11. RELEASE OF iced impact fees shall be a 'ret�,reclosed upon in the reme is f the Agreement. OWNE of the dwelling unit t i t o� compliance with cr t , riL,.#nd standards set IIid {�V-i�iit must be filed >arfi �dd��of the issuance of completion of the Agreement requirements, or upon payment of the deferred or waived impact fees, the COUNTY shall, at the expense of the COUNTY, record -4- a� 7/8/2014 8/2 16 F 1 . any necessary documentation evidencing same, including, but not limited to, a release of lien. 12. 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 the subject property, the original OWNER shall remain liable for the impact fees waived or deferred until said impact fees are paid in full or until the O ' M C1 conditions set forth in the Impact Fee Ordinance are satisfied. p O CO 13. RECORDING. This Agreement shall be recorded by OWNER at 7C cn the expense of OWNER in the Official Records of Collier County, Florida, within 15 days after execution of this Agreement by the Chairman of the Board of County Commissioners. 14. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell or rent the property in accordance with C the affordable housing standards and qualification criteria p CO established in the Impa t . eiid� thereafter fails to pay fV the impact fees due ? hirty (30) said non - compliance, or (2) where 0 ER one of the fordable housing �uulates qualification c teria in t c Feee—O;rdiiBan e for a period of fifteen (15) d s f er o i e hIiton However, with respect to the t hall not bq4 default of this g due date Agreement until fteen (15) day ice er d'rom the ` of the report has ap ed. a,�f 15. REMEDIES. $~h�,o said pro pOrt, l to comply with the said qualification crita during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived or deferred shall be paid in full by OWNER within thirty (30) days of said non - compliance. OWNER Qcfl x.,�x_...7/8/2014 16.F.1. agrees that the impact fees waived or deferred shall constitute a lien on the property commencing on the issuance of building permits and continuing for a minimum of fifteen (15) years after the issuance of a Certificate of Occupancy for the dwelling unit or O until paid in the case of a deferral, or until paid, if OWNER CD O violates this Agreement. Such lien shall be superior and paramount C �D O W to the interest in the property of any owner, lessee, tenant, ;C CJ7 mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This O .� O remedy is cumulative with any other right or remedy available to CD f+7 N the COUNTY. N IN WITNESS WHEREOF, the parties have executed this Agreement for waiver or deferral co t g ` the date and year first above written. ��(•t {YYT �- Witnesses: /r OWNER: Y, 1 ING JOINT VENTURE I s• a to r B : TG 0 tgEi, INC. t in to Manager � By: '�$n ture J RO K Its GUST, ?rr Name flfl/�P ?,_ -1 1� , Printed Name -6- (CORPORATE SEAL) 7/8/2014 16.F.1. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Dated:_ DWIGHT E. BROCK, Clerk O �1,'1'Ij JF ; J: 96RT L. SAUNDtRS.f/ Chairman �, Q CD Cn .. w A roved a6 &to form and legal sufficiency Richard D. Yov novich Assistant County Attorney STATE OF FLORIDA t COUNTY OF COLLIER The foregoing instrument was acknowledged before me this oN a O day of February, 1994, by ROCKWELL T. GUST, JR., as President of � N RTG PROPERTIES, INC., a Florida corporation, who is personally W known to me. (Affix Seal) >QL K eau. on T kin cknowledgment re R:Triyjs� DEBOMHK•JDUORE1' Cif Acknowledg Vii, P i ed or Stamped j 1' Mr Comm SSnR f x 1 y jI { 1 OMM: ou«mr29,1Yfi e+....� Tib Re %O as k Serial Number, if any milIsion expires: STATE OF FLORID laj�a��9S" COUNTY OF COLLIER ('j ��0jjj � 1 The orego� y ins rumen was kno g efore me this day of /-i / . r 199 by BURF1%. SAUNDEi2S, i Chairman, 'Board my Commission fly e�d'r County, Florida, on behalf of the of County Co m / /of Collier County, Florida, who is pe to ly known to me. b (Affix Seal) \� f red son Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped Title or Rank Serial Number, if any 21096M My Commission expires: -7- OFF CIAL NOTARY SEAL CAROLYN SUE FILSON NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC=44 MY COMMISSION EXP. AUG. 6.1996, f Packet Page -2190- : 20056X rrn f -r rU -F 7/8/2014 16. F.1. EXHIBIT "A" The East Half (EM) of the West Half (w%) of the Southeast Quarter (SEW of Section 6, Township So South, Range 26 East, Collier County, Florida, less and excepting the South 75 feet thereof, previously deeded to Collier County for road purposes. �^ a O W as o w 0 C 0 .� o > o CO kmorEed ti.W 'h: l/ ltd fn T kfel Rr cords of f.ILI. ?ER COUN11, FLORIDA "1.JA F.. 6;;()(.K, CLEW 7/8/2014 16.F.1. 94 APR 22 AN P 53� WAnn&*1VfiQ1fijW� Or PRM I OR RM DOC COLLIER COUNTY IMAM F=S INT OW off This Agreement for the deferral of Impact Fees entered into 119this day of 2%Wmd�&✓ 299j[, .3 ...4 1 by and between the Board 0F of county commissioners of Collier County, Florida, hereinafter' CD referred to as "COUNTY" and OSPREYS LANDING, LTD., a Floridacx CA) CO C20 iimited partnership, hereinafter referred to as "OWNER". VK WXTNMSZTH: ngeRithS, Collier County ordinance No. 88-97, as amended, the 40 Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and O Recreational Facilities Impact Fee ordinance; Collier County 4= Ordinance No. 91-71, ax�ax� el tIc <p'llier County Emergency cc Medical Services Y t v-nd Collier County 6— Ordinance No. - Q a amended, the Coll CqUn'j4k*Road Impact Fee C2 r,. Ordinance, ol e)f/County Ordinance No. 90 -8 amended, the C) Ch Collier Co er County O COUCD Co Ordinan un�y c No. 90-8 as gVen ,�c*d,\the CoAier Se4er System X N Impact Fee a 33, as �,Kd �iWf C e: in n t r co E a ci h C lie! tiq I act _Fee amendedrl IV f r' mended r f M time, Ordina4l("" as t V. ko be hereinaf�vr collectively referred to-�*s "Imp ct F)&44'?��inance", k( I I CD Fu 1, r "f6l�) owner- provide or deferral of t fees pew CD .6 occupied 0 dwelling units quali'vyl q ap fwd le housing; 0 and 0 R e11 t operties, is the T President of RTG Pr A C L orporation, the Joint C, Venture Manager of Ospreys Landing Joint Venture, a Florida joi.*t venture, the general partner of Ospreys Landing, Ltd-, a Florida NOTE: Corrective document to correct an error on the le sg&l description ✓ c in Exhibit "A to ttl,:greement recorded in. O.R. oak 1935 page 817 ;h P Records of Coillier'County, Fl. ana to eil�l::qe-;nol.iL2eduattacbseet- 7/8/2014 16. F.1. limited partnership (the owner) and serves as a duly authorized agent for the Owner; and MHRUB, Rockwell T. Gust, Jr., as OWNER's duly authorized agent, has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application being attached O hereto and incorporated by reference herein; and CD p wSSRZAS, the County Manager or his designee has reviewed the 0 zp d � OWNER's application and has found that it complies with the X 07 requirements for an affordable housing waiver or deferral of impact fees as established in the Impact Fee Ordinance; and t WEIRZ S, the impact fee waiver or deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all ccri r . Ll�f Fee Ordinance qualifying the project as a dg4 3 x or deferral; and 0 O CD pq approved a defer act fees for Ospreys La "ding embodied in Resolution 93 -5 at its regular meeting a#f Nov X.19, 1993; the Impact a 'O finance equires hat he OWNER 0 x O a enter i to ee W�(CA t i > RE, ii c ns',er t o he or oin rec tals the Q 4a CD parties¢ov,+ee aeolow 1, INCORPOR7►TED. The oregoiig real are true and come �'Ah shall be incorporated fe.enc in. 2. CRIPTION. The legal dies t obi fR he dwelling . units is at c reto as Exhibit "A"§rd tfcorporated : by o reference herein. w� Co � .' 3. [, O a`�eSS property shall remain �1 C4 affordable and shall be offered for sale or rent as the case may be N -2- - S y J ,= a. Packet Page -2193 - E r 7/8/2014 161.1. in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date a certificate of occupancy is issued for the dwelling unit. 4. COIIDITIOUS !OR IMIVER OR DZFZRRAL OF DMACT tZZS. OWNER represents and warrants that it has control of the property O D described in Exhibit "A ", and the consent and approval of the fee v - simple owner of same, which property owes impact fees in the amount coo N1 of $841,199.00 pursuant to the Impact Fee Ordinance. In return for the waiver or deferral of a portion of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver or deferral qualification criteria detailed in the Impac: P� �D n e "� � S. where m o p 3(1 eT 1 is granted to an O - ED CD OWNER who wi�Ll �ekiing or renting the fig it subject to fq ••• �'` ,r to the impact? fee 44iver or deferral to a subs ent urchaser or r` renter, 7he dwel g unit- •eisal.h..,, be old or rented only,* to R1 i ing the rite-r-,,4 set frth in he *act Fee 6 been i er .41' a . ree� l in�7 t in housing or. fifteen (15) year peril, occupanc sued and if the dwellirM for that during such period, repaid to the GCol Even though the to the CODNTX begse �ereiliug- �. e3affordable housing, t'he< n; e dwelling unit for affordable housing. -3- J ll CM = is he i act �ees have � — be utl id (fordable a to = .� rd after the cewt, ficate of t s' ' {)De CO t deas¢`s utilized \ hma des shall be �r impact #tes kAve been repaid In "`been for utilized CD ."` erg "die owner to utilize the .0 CD CD CD I_ 7/8/2014 16.F.1. 7. For owner - occupied dwelling units, the amount of impact fees deferred shall be repaid to the COUNTY upon the sale, refinancing or discontinuance of use of the dwelling unit for affordable housing, whichever occurs first. p O S. For rental units, the impact fees deferred shall be CM repaid to the COUNTY upon the sale, refinancing, or the p GD = N discontinuance of use of the dwelling units as affordable housing, or fifteen years from the date of issuance of a certificate of occupancy, whichever occurs first. OWNER agrees that even though the impact fees have been repaid to the COUNTY because the owner sells, refinances or discontinues the use of the dwelling unit for O affordable housing, the COUNTY can require the owner to utilize the �► O dwelling unit for r si °€j4fteen (15) years from M CO .� the date the c�df woccupan�� for the dwelling unit. ,�" °'� -a„ 9. Imf. The deferred me erred and /or waived i ct fe s shall be a lien upoth , prod which lien itia forecl sed'pon in the event off/ non compLiapce the auirements of t e Ag�eement. C7 shall I the of forth within the ce 11. RZLMI1 Agreement requix impact fees, the the iffi cril )act Fee Ordinance. 9hd 0) days of the anniver 0 occupancy. r_ x _ZI. Upon satis -4- �y O 41ing unit O :fiance with CS 6w� idCo ards set be filed ssuance of ¢pletion of the O O Wdeferred or waived of the COUNTY, record CD 69 , ;_ I . 7/8/2014 16, F. any necessary documentation evidencing same, including, but not limited to, a release of lien. 12. SZRDxm =llim 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 the subject property, the original OWNER shall remain liable for the impact fees waived or deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. 13. RsCORDINO. This Agreement shall be recorded by OWNER at the expense of OWNER in the official Records of Collier County, Florida, within 15 days after execution of this Agreement by the Chairman of the Board onf+y"8��ioners. 14. DRFADI,T,r O b 3 t" f this Agreement (1) where OWNER f a I or rent the pp�, accordance with the affordabl )blousing standards and �f�Iiication criteria established in hac Ordinance and there"afteiails to pay �R� the imp�+ct fees due withi thin (30) dap of said non - compliance, f' O O • tD CJI O O fmm, O �4 DD N or (2)1 whe.,Y ��eq� � e �'�°e"°°4 a�dabl housing 4Y I alif;cati c iteri iti th. I c ee e or a riod of O fifteen ''Nda s t r oY;ic a viol tion. # e er, with CD respect .`e Annual Report, OWNER s. 1 not `be in /a t of this O CD Agreemen l Ltiu 1. a fifteen (15) day gra per'. A& it e due date a of the re--�o� � lapsed. 15. Should said property f4a3` tmply with the said qualifies at any ,ydi3�xg,.�"the fifteen (15) year period or stlb � 'il4l a provisions of this 0 O Agreement, the impact fees wai °Sr" deferred shall be paid in full. '-V — r by OWNER within thirty (30) days of said non- compliance_ OWNER O O -5- \ 7/8/2014 16.F.1. agrees that the impact fees waived or deferred shall constitute a lien on the property commencing on the issuance of building permits and continuing for a minimum of fifteen (15) years after the issuance of a Certificate of Occupancy for the dwelling unit or O until paid in the case of a deferral, or until paid, if OWNER p violates this Agreement. Such lien shall be superior and paramount to 4J to the interest in the property of any owner, lessee, tenant, SK Ln mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This C remedy is cumulativo t"t�.or remedy available to Q O rul the COIINTY. p Iii 1fIi!11111111111t, F, the parties have c this Agreement for waive d�tferral of Impact Fees on the to a year first above written��""" - Ftitnesa6s: O $ $ ! 0 to 8: R S G OINT� VENTURE O CO3 ral er O s,}t°, PRO IN Its: tint venture Nl e. By , ture ` RO ri ed Its:- Pr O O re Lt �( ` (CORPORATE SEAL) Si �► Printed Name Cn -6- Dated ATTEST: DWICUT E. BROCK, Clerk a AV4v,d as-Eo'form and' legal O#ficiency Richard D. YovAnovich .Assistant County Attorney STATE OF FLORIDA COUNTY OF COLLIER The foregoing ti-IA day of February, 44 RTG PROPERTIES, /1NQ-,%-a,- known to me . e e (Affix/8e�,Y/ W40 7/8/2014 161.1. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 7 C* CD WRT L. SAUNOtRS, Chairman C2 before me thisQ3 � cm Im I as President Of = who is personally rq DO I cam ed, P . ec�or Stamped CD C� of )tVkr=1 C7 -- 1 11] 0 =,P i 0 Win , i cc 20 MG i title &r R'*nk W is r, i any co y 0 sibn expires: COUNTY Th oing instrument was a Owle g f 63M%, this A.- of r, A 1994,�y 0 *us, Chairman l e Board of County Comm' e of County commissioners 1C Florida, on beh 0 Aer County, Florida, rsonally 15pown to me: I (Affix dal O NSignature f Persod'Min Acknowledgment Na( Printed or Stamped rq Co le or Rank Serial Number, if any My Commission expires: -7- OFFICIAL NaTARY SEAL CAROLYN SUE FILSON NOTARY PUBLIC STATE OF FLORIDA C(MMISSION 140. CC22M44 MY COMM&TION EXP. AUG 6,1996 Packet Page -2198- ]00561 7/8/201416. F. 1. EffiBIT RAN The East Half (E %) of the Southwest Quarter (SWA) of the Southeast Quarter (SEA) of Section 6, Township 50 South, Range 26 East, Collier County, Florida, less and excepting the South 75 feet thereof, O previously deeded to Collier County C 0 for road purposes. _ m t,0 1*1 R1 CD dddddd111l11 VV�.y���.�p�• � „' a° ”" " ""��� i ._ ._ „..;_, I U I 1 -(.+, t� TO UUtr1 7/8/2014 16. F.1. YOUNO, SAN AssENDERP, VAEMADOE & $RNTON, P. A. ATT09mr,Ys 4,T LAw R. SwUC[ ANO(Q90N Rehr To' Q,c—nO E. ORMTO.. 225 SOVT.. AD t Sfel[b. Su.TC 200 T.SM. R SUM" roil C>—Cc so. 1537 0 10 L COOK' Naples 7^u4...ssEG rLMID. 3230L-1837 D-0 a. Ew " TU90-.p+t (904) 222.7206 C. LAWKMCt KUS" Tt mac C.. (9041 36.•6834 ".-I A. MALM[LL VIA HAND DELIVERY �— 9. DOKALD T.C-0cr Su. KC"Z^ 1 AfttNDC4► 00, LAuRKL 0" QOry[ cceKOC L. ML* ax January 21', Pt SUET[ 300 Re. C. 100 .w. R ri NAGER FMI 0—= eo. 7907 'OP-4 LATE � ! 3 s'. •. P,H4.0. 339.! .4c1T G — +.to 4r.. i...Te L.wru ACT' ts-sf s9 -•ze fa cw 397•.ot:o 013) W. Neil Dorrill County Manager MFO; Collier County Government Center 3301 East Tamiami Trail FIlf: Building F, Third Floor STAFF FILE:_ -s Naples, FL 33962 6Y RE: Affordable Housing Applic of im ct Fees for Ospreys Landing Pla.wt Dear Neil: r This letter and'` ��,h, formation c� o t e���i�� is formally submitted, in ac orb a6Ith applicable ordinanc r? y Ordinance Nos. 92 -94 thou 99), as an application for eferrl of fifty percent (50%� of Pal ,�„�es for the affordabl rental housing development kno Ospreys�.Lan need Un't De elopment ( "PUD ") (Co lie , Co inane No. - 1) . In he a ent the Educational: Fac}lities Impa Fob rdinanc is amend d to provide for defereals Of i fe c n sh uld be deemad as , to ap� i € or. W a th i a es a6. well. The appli antes I ockw 1 1 us ) J op ti , w1*om our firm repro sen �juA o trithT tlhea` rovis ns oft e parious impact t �`oi,di n a I �tion e�qe "for an affordabl n'tal sin ac defer the, far(llowing information Lis rovided: (a) T n and address of the O.tp,�, J • `'J Th44 Cu. :1t owners of record of th s "@� gt ys, ceding PUD Pro �y'ate, Jayell Company, 314 Devi t, Naples, Grand ro and Peter C. Cook, 6 g�r Avenue SE, �higan 48501. ' (b) The legal se .o t 7deFstial Property upon which the w° � ITT � T velopment shall be J. constructed: O O W t0 C30 ca o CO 0 O � r M CD to K S 7/8/2014 16.F.1. Mr. W. Neil Dorrill January 21, 1993 Page 2 The east half of the southwest quarter of the southeast quarter less the southerly 75 teat thereof for State Road right -of -way, in Section 6, Township So South, Range 26 East, Collier County, Florida. (c) The income level of the household to which the Dwelling units will be rented: To qualify for residency, tenants' incomes shall not exceed sixty percent (603) oT the median household income for the Naples (Collier County) !Metropolitan Statistical Area as determined by the United States Department of 0 Housing and Urban Development. O O (d) The number of bedrooms in each Dwelling Unit of the O W applicable Impact development: O CO Dwelling Unit T pew °° " ""^^ Number of Units N 1 bedroom p 4" C kit /' °`ate 44 2 bedroo as 3 bedrrP6 44 44 We respectfully, r It t acknowledgment from you `fit ou Impact Fee Deferral appl cation( has been received and is comp ete, d that at such time as undo z� that Impact pee Def rals issued to the appl cant O Thank you or ydur attention i a lica ion. ShQUld you have t any questions, at ac mf;- k as Sincerely R. Bruce dlds n Q RBA /ant cc: Rockwell St°p Jr.� Greg Mihali ors *' Z 7/8/2014 165.1. cot- KnON: YOW0, VAN ASSZNDZRP. VA2MAMOK & BrmTox. . A. ATwormays AT LAWOi vft�, TO: eQ0l4 1!! zrS US— 0. auto" Naples S1W qWF- 00n0 L. COO"" T. Da"a 5, E*-- M."216- C, LWK�t Ka 9V VIA E[AW DBLIVERY m–a 14.*, A M. -MCI (L DomLv Tm"00. ASSeftOCAP ,T 001 LAUft, 0— Dfh�a une 17, 1993 $wn 300 %%AN^009 ft$, 0".. a— 7907 Mo C. TOUNO P"*�M F,O-- 2�3241-007 C�1.0 ft., ifon t,wt. TtLg-NCwE 1813) "7-29.4 w. Neil Dorrill TWL=D.W. 6,013) County manager Collier county Government center 3301 Fast Tamiami Trail C2 Building F, Third Floor CD Naples, FL 33962 C) RE: Affordable Housing Application for Deferral of Impact Fees for CD ospreys Landing Planned Unit Development CO Dear Neil: IBRR C, You may recall thap,'oK, JIAP* L ed 'with your office a formal applicae "`deferral of C for Ospreys le %j lopment ("PUD") 0 !z".ty ordinance Landing Plann ,6 L=9 No. 92-81). T� w 4pplication I received res e om you and Affordable M `sing irector Greg mihalic, copies' of a of which are attached i Irtt-er-a7zd-the information cont ned herein are to formallyfz—pTph.' - rev Pr, submitt d ap�.lication CD supp e. T-pr -pr ^1 to reflect chan'ge n t 0 he ty�e 1pf dweiii'�ig un�te that will be offered /and a change e nc e I'vials of households to which the O[WA11A r .91p he dwelling M %0 units in toe P 6 will n- I s ng "d none of " d 01 will be so:t aq de for r t a 6 1 c angels also 9 b increase Ohe eZ gioill of P fo er x pact} fees. This stupp t�M� a 0 :)u igina ap lica� ni is to apply for , 11, :qe nt Ot feek app L"-p for 35 dwe I#ft Wnits and deferral of f iX,�,y per-c6nt (5 impact h fees for t 6- in ng 141 dwelling unit The applicat h Rockwell T. Gust, Jr qjpertjoa, /whom our firm repress' t n accord with the p Ic N m various impact fee o and their application em ts for an affordable re 1 sing impact fee defer following information is p of (a) The name adal. to The current own re, e Ospreys Landing PUD property are L ell 314 Devi-Is Sight, Naples, Florida 33940, and Peter C- Cook, 618 Kenmoor Avenue SE, Grand Rapids, Michigan 49501. I-V Packet Page -2202- „' 7— .. IU _ 8/2014 16.F.1. Mr. W. Neil Dorrill June 17, 1993 Page 2 (b) The legal description of the Residential Property upon which the applicable Impact Development shall be constructed: The east half of the southwest quarter of the southeast p quarter less the southerly 75 feet thereof for State Road o right -of -way, in Section 6, Township 50 South, Range 26 m East, Collier County, Florida. p %M O w (c) Very Low Income: The income level of the household to :9 CO which 35 of the Dwelling Units will be rented: To qualify for residency, tenants' incomes shall not exceed forty -five percent (4S%) of the median household income for the Naples (Collier County) Metropolitan Statistical Area as determined by the United States Department of Housing and Urban Development. Low Income: The of the household to which 141 of the Dw ldi L�ts (T6��� dented: O To qualify o nanLz)Aitm't, 2 mes shall not Q �- exceedt8i nt (60t) of th� ehold income M � for t� em (Collier County) Met Statistical N Areaf mole, a ed by the united St ems D . artment of Housing a,rtd Urban Development. (d) Ttte nu r ;f �edr�obms °�Lr~ nwellin Uni of the a pplic le �ipac ,deve��ment: UNIT T�pz i TOT C O- �1,T O .~ }�1FFO$DABLS At 60%1 OF 1 2 , 94 gBR/1= 3 ' 64 1 176 35"° f 141 _71W ' Deferral of 100% of a requested for these units. elopment impact fees is Deferral of 504 of applicable development impact fees is requested for these units. F + -i� -iris 11!44 FkW ,iur.rs -44F�tts Mr. N. Neil Dorrill June 17, 1993 Page 3 lu LW410 7/8/201416. F. 1. in light of the county commission's recent budget workshop action on impact fees for affordable housing, we resnectf -Ily zAauest an *, d;Ate resnonee as to horn such action impacts our original application and this supplement and revision to said application. Thank you for your prompt attention to our application. Should you have airy questions, please do not hesitate to contact me. Sincerely, R. Bruce Anderson RBA /amt 229SM CC. Rockwell T. Gust, Jr. Greg Mihalic, Collie ydxdatZle Housing Director Frank Brutt, ;aviatrator Jerry Gereaux 1 N. L� ti c� O O � O m � O G7 O CD O � O A � M %a w ktrA W4 14Wif%, Ui a`fu111 COLOO COINITT, FLOIQdI aW W F. bROCK, %MM TOTAL. P.©6