Agenda 03/10/2009 Item #16A 6
Agenda Item No. 16A6
March 10, 2009
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize
the Chairman to sign, a Satisfaction of Lien for the Brittany Bay Apartments Phase
II due to the impact fees being paid in full in accordance with the Multi-family
Rental Impact Fee Deferral Program, as set fOJ'th 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) approve and authorize
the Chairman to sign a Satisfaction of Lien for the Brittany Bay Apartments Phase II due
to the impact fees being paid in full in accordance with 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. 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 January 14,2003 a deferral agreement, in the amount of$1,210,626.56 was executed
between Collier County and Brittany Bay Partners 11, Ltd. for Phase 11 of the Brittany
Bay Apartments. The deferral agreement stood in lieu of the impact fees otherwise due
for the subject construction of 208 affordable rental dwelling units. A corresponding lien
was also placed on the property in the amount of the deferral agreement. The deferral
agreement provided for a six year term from the date that the first impact fees would
otherwise be due and payable for the project; therefore on February 3, 2009 the impact
fees became due and payable.
On February 5, 2009, the impact fees were paid in full, in the amount of $1,210,626.56.
In accordance with Section 74-401(g) (5) of the Code, staff and the County Attorney
have prepared a Satisfaction of Lien for approval by the Board and signature by the
Chairman. The document will be recorded in the public records of Collier County for the
subject property,
FISCAL IMP ACT: Impact Fees have been paid and deposited in the respective Impact
Fee Trust Funds in the following amounts:
Agenda Item No. 16A6
March 10. 2009
Page 2 of 17
Impact Fee Amount Paid
Community Parks $] ] 8,772.]6
EMS ]9,432.00
Jai] 24,539.84
Library 44,704.00
Regional Parks 51,962.56
Road (District I) 374,400.00
School ] 72,0] 6.00
Sewer 223,600.00
Water ] 81 ,200.00
TOTAL $1,210,626.56
Upon payment, such funds became available to provide funding for growth-related
capital improvements.
GROWTH MANAGEMENT IMPACT: Objective 1.2 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. "
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 in./i'astructure and services are
available. Programs and strategies to encourage affordable-workforce housing
development may include, but are not limited to, density hy right within the Immokalee
Urhan area and other density bonus provisions, impact fee deferrals, expedited
permilling (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 ofthe Agreement.
LEGAL CONSIDERATIONS: The County Attorney prepared the proposed
Satisfaction of Lien, which is legally sufficient for Board action. This is a rcgular agenda
item requiring simple majority vote. -JAK
RECOMMENDATION: That the Board of County Commissioners approve and
authorize the Chairman to sign a Satisfaction of Lien for the Brittany Bay Apartments
Phase II due to the impact fees being paid in full in accordance with 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 and Economic Development Manager
Business Management and Budget Office/CDES
Item Number:
Item Summary:
Meeting Date:
Page 1 of ]
Agenda Item No, 16A6
March 10,2009
Page 3 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign a Satisfaction of Lien for the Brittany Bay Apartments Phase II due to the
impact fees being paid in full in accordance with the Multi-family Rental Impact Fee Deferral
Program, as set forth by Section 74-401(e) and 74-401(9) (5) of the Collier County Code of
Laws and Ordinances.
3/10/20099:0000 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
2f23f2009 9:17:19 AM
Appro\'ed By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
2!231200911:12AM
Appro\'ed By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
2/24120099:26 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
2f24/2009 1 :26 PM
Appro\'cd By
OMS Coordinator
County Manager's Office
OMB Coordinator
Date
Office of Management & Budget
2/27/20098:42 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
3/2/20098:54 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
3/2/200910:02 AM
,'---
file://C:\AgendaTestlExoortI125-March%201 0.%2020091 lli.%20CONSFNT%70AGFNDA 1 1
'114/7009
Agenda Item No, 16A6
March 10, 2009
Page 4 of 17
This instrument prepared by.
Jeffrey A. Klatzkow
County AHorney
3301 Tamiami Trail, East
Harmon Turner Building, 8lh Floor
Naples, Florida 34JI2
(239) 774-8400
SATISFACTION OF LIEN
This is to certify that the claim of lien in the sum of One Million Two Hundred Ten
Thousand Six Hundred Twenty Six Dollars and Fifty Six Cents ($1,210,626.56), arising out of
an Agreement For Deferral of 100% of Collier County Impact Fees - Multi-Family Affordable
Housing (rental) Impact Fee Deferral Program, dated Janual)' 14,2003, recorded in O.R. Book
3200, Page 1270, et seq. of the Public Records of Collier County, Florida, against the real
property described in Exhibit "A" (attached), owned by Brittany Bay Partners II, Ltd., has been
satisfied in full.
The undersigned is authorized to and does hereby release this lien as to the whole of tbe
above-described real property and consents to this lien being discharged of record.
Dated this
day of
,2009.
A ITEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNlY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, Chainnan
'f '7;
p
Agenda Item No, 16A6
March 10, 2009
Page 5 of 17
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Exhibit "A"
/
Reference
Invoice Date
\lenaor NO: CheCk No:
CE0400 5088
Collier Coun Board Of
D..er; lion
Agenda Item No. 16A6
MarchO;ZJ~~@lg
p ,6:of 17
N.r Amounr Paid
. CEO Capital Holdings XVI, Ltd.
020509
02/05/09
Deferred Impact Fees
1.210,62656
CEO Caplta.,Holdlngs XVI, Ltd.
Bank of America
Checll II : 5088
, 02105109
1551 50ndspur Rood
MoUlond, FL 3Z751
Jc .~
Amount. "1,210,112:6.5& '
<,-"': . ,," _ ':*'-, , , ' ,,'l;.,'":- _. -'-~-' "it- ,_:~ . ,
P'Y ..~ ONE MILLION TiNe HUNDREQ}I'€N TtiOUSANl:i' SI.X RUN9~ED .:fiIENTY SIX AND 5~1100 DOl.,LARS
."..-
ToTI:\e
0,..,
Of,
Collier Counl)l.e.oardOf,
County COmn1issioners
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Prepared by:
Patrick G. White
Ass't. Collier 0):. Att'y.
3301 Tamiami Trail East
~aples FL 34112
3113841 @~d~aOO NBG1134270
RBCORDBD in OFFICIAL RBCORM,,:~~~rWGl\UNTY, FL
01/21/2003 at 03:55PM DWIGHT B, FROCK, CLERK
REC FEE 51.00
COPIES 11.00
.
Retn:
FINANCIAL ADMIN & HOUSING
INTEROFFICE
ATTN: LAUREN BBARD(103-Z338)
This space for recording
AGREEMENT FOR 100% DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR MULTI-FAMILY
AFFORDABLE HOUSING
This Agreement for the Deferral ofImpact Fees is entered into this 14itJayof .Jln LAC! rY
- oJ
2003, 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 Brittany Bay
Partners II, Ltd., 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 further amended from time to time, hereinafter collectively
referred to as "Impact Fee Ordinance," provides for the deferral of impact fees for new multi-
family, rental dwelling units which qualify as affordable housing; and
WHEREAS, Jay P. Brock, as Manager of CED Capital Holdings 2001 BLLC, a limited
liability company, as General Partner of Brittany Bay Partners II, Ltd., the OWNER's duly
authorized agent; and
WHEREAS, Brittany Bay Paliners II, Ltd., has applied for a deferral of impact fees as
required by the Impact Fce Ordinance for the Brittany Bay Apartments, Phase II, hereinafter
referred to as "PROJECT," and a copy of said application is on file in the Housing and Urban
Improvement Depanment; 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
lof8
~
;V
OR :L\~G,{)!tJ1,G~o lJ1J
March 10, 2009
Page 8 of 17
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 One
Million Two Hundred Ten Thousand Six Hundred Twenty-Six and 56/100(1,210,626,56)} for
six years from the first date that the impact fees were otherwise due and payable for the
PROJECT; and
WHEREAS, the Impact Fee Ordinance reqUIres that the OWNER enter into an
Agreement with the COUNTY; and
WHEREAS, pursuant to Section 74-201 8.1.b. of the Impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances, the County Manager is authorized to execute
certain Impact Fee Deferral Agreements on behalfofthe COUNTY; and
WHEREAS, by signing this Agreement, the County Manager 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. RECIT ALS INCORPORATED. The foregoing Recitals are true and con'ect
and are incorporated by reference hercin.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the dwelling units (the "Dwelling Umts") that will have their impact fees deferred is attached
hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "8." and both
Exhibits are incorporated by reference herein.
3. TERM. The O\VNER agrees that the Dwelling Units shall remain affordable and
shall be offered for rent in accordance with the standards set forth in the Impact fee Ordinance
for a minimum tenn of fifteen (IS) years commencing from the date a certificate of occupancy is
issued for a particular Dwelling L'nit: and that the lenn of the requircmCllt to pay the PROJ ECT's
20f8
OR:A~MItJleGNo1212
March 10, 2009
Page 9 of 17
impact fees will be deferred for six (6) years from the date of the impact fees being due and
payable.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
A. Each Dwelling Unit will, during the term of the Agreement, be the
permanent residence of 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 fifteen (15)
years from the date its certificate of occupancy was issued.
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 quali fying 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 six
years from the date such impact fees are deferred, whichever occurs first, the impact fees
deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the
impact lees may have been repaid to the COUNTY, the OWNER will continue to utilize the
30f8
./
OR: AS~~~~~~~J
Page 10 of 17
Dwelling Units for affordable housing for at least fifteen (15) years from the date the first
certificate of occupancy was issued for a Dwelling Unit.
6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shaJJ pro\'ide to
the Housing and Urban Improvement Department an Affidavit attesting to compliance with the
affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance.
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 wiJJ not be required to file this separate affidavit of compliance
with the County Manager.
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 One MiJJion Two Hundred Ten Thousand Six Hundred
Twenty-Six and S61I 00 ($1,2 1 0,626.56) on the PROJECT'S property and Dwelling Units 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, that aJJ of the COUNTY'S lien rights and any other interests arising under this
Agreement are to be considered junior, inferior, and subordinate to each tirst mortgage on the
PROJECT. Except as elsewhere noted in this A!,'Teement, 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 btet
not limited to. a release of lien.
40f8
OR: A3€rOOJt~~~l;~
Page 11 of 17
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.
II. 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.
12. 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 fifteen (15) year term; or
2) violate any provisions of this Agreement,
then thc 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.
50f8
"
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OR: A~D ItWi'JOj1:lif6
Marcn 1 0, 2'jJO~
Page 12 of 17
B. Should the O\VNER 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,
including attorney's fees, plus interest at the statutory rate for judgments
calculated on a calendar day basis until paid.
13. 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 adjustmcnts 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.
60f8
OR~g<&~tpa~~,~t ~~6
Page 13 of 17
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
(2) Witnesses:
'I
OWNER:
) ~f
Brittany Bay Partners II, Ltd.
By: CED Capital Holdings 200lE, LLC, a
limited liabilit company, its general partner
/C ;/;."
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~/
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By:
Jay P. B ck, Manager of CED Capital
Holdings OOIB, LLC
Print Name
"~C. . , . ',: ,;~.II',,,' ; ; 07( -W...,)'-..
~..... --~ -. .1--....',. ! \.1.11'-'1"--
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF Or~v
The foregoing Agreement was acknowledged before me this \t.\\} day of JCW\~ ,
2003 by Jay p, Brock, manager ofCED Capital Holdings 2001B, LLC, a limited liability
;:;npm,y,,, g",rnl p,"" of BriHMy '~rn "&=""""'''y Imow, "
~."..."......_..._....",..~=~
IJ......... AVA. ~
~~"~~,."-; CCll'Tl'T'tluG1' Doo131_
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I!';' :~! Expo.... 71~
: '<?:c;r.>'-- BlYlded ttYaUgt't
: e~'j';;'~~:;"1 Flanna Notary AaIft..1nc. .
;!..........................................-......
Signature of person taking acknowledgment
~ t\..; ~orc\.bV\
Name of Acknowledger Typed, Printed or Stamped
70f8
V
"
OR: AmOJ:E~~mZ~
Page 14 of 17
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:_.~' -
,/
-..-:'" ,"
JAMEs V MUDD
COUNTY MANAGER
STATE OF FLORIDA
COUNTY OF ('"If, ~,--
The foregoing Agreement was acknowledged before me this :;; I ir day 0['\';,. "'._ , ,
2003 by James V Mudd, County Manager, on behalf of the COUNTY He is personahv
Jcnown to me or has produced (type of identification) as
identification.
"..'~'" Lauren J. Beard
,.,!;'~~~ Com!"is,ion #DD 159084
,",. \{)..." Explles: Oct 24, 2006
'-';~Off\.dt-~,,,~ Bonded Thru
I.,,,,,, ' Atlantrc Bonding Co., Inc.
d '"
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Signature ofpersm} taki~ acknowledgment
L CU.I r C" r, \ c'Br' '1 ,(-/
Name of Acknowledger Typed, Printed or Stamped
\3~~~
Patrick G. White
Assistant County Attorney
Approval Recom~ended
I I -~. < /
jel! I .)(~~~
Denton Baker, Director
Financial Administration
and Housing
80f8
"
Agenda Item No. 16A6
March 10, 2009
Page 15 of 17
. RH~'&k~'-~ODES LAND Suzt.)YINC. INC"
Jolin D' .RAIldu. p"I!J.JL, 2'AMIlcNI.B. "":;.~-= ..... Po' .. ..
18/10 Rail Hit.... BaulftllIO'OI, #8 N';:'~. u1;o"
Plums: (1}4f) 583-06"10 JI_ (941) 69S-D6Bt
PROPERTY DESCRIPTION
PHAse /I
A POI/71ON or SEC710N 27, [OIWSHlP -<4 SOlI1/!, RAJ<< 21 !:.. CIJl.UB? COUNTY. FUJI/ltJA BDNG AIORF: PMlICt/U,RLY
f)E'$(:H1Sf:1J. AS FOUOW$;
COMIJE1JcE AT 11E SDII'nIEAST xnhlJ!R OF $CC71~ 27. roWNSHJP 4ll SOU1H. RIINGE 25 EAST. COl.LJER CDII/JITY. F2CR1DA,
THENCE No 89VlJ'07" lit, AL~(; TtiC sex""" tINE OF $,lfP 56'C71CW 27. A OISTANa; OF (1)(J.D6 /'aT: I'IIENCC CCN1INVt![ No
89'08'0;1'" u<. AJANr; THE S<XITH UN. OF SAID SLr:T/ON 27, 1..127.56 FF.E:r TO TlfE: ~r or ~ at'" THE P.AR<:n ar
lAND HERON D€SCiI1BEI): TIIENCF: CONTINUE No 89lJ8"a;l'" If!,. -"J.ONG usr $AID UNE. /.216.61 FEET; 11/JINCE No Ol'26':2lJ" HI,
1,DOMU RiFT; 7HDICE S 89'OS'27" e:. 1,6JI,JJI r<E1l 71fENcF: oS: OD'6'V'" E., 118,.($ FEET; 1HeNCfi:.s ~1'2J'r19~ E.. 1I)(J.JH
FEIT Te A POINT OF ClH/VA 7/JRC; T/fENCE SCl/1/fEAS7FI'L r. 95.6fJ FEET ALOI/(J '!HE ARC OJ" A cmcul.AR ClHl'1I!;: CDf'/CA lIE
NORlHEA$7f1IJ.Y. HAWNC A RAOI/IS OF 1M$(] FEET. THROWN A CEN1JW. ANGU: or SI'J2'55" AND _ $UB7ENOE1J SY A
f;J((II/Q ftIIIr:H (J~ARS S .58'J8"$6" c.. 92,11 FEET 7'J" Nai-1'AN'XN71AL IJMJ TIfEJVGE: S r.rr2tJ.S" Wo. //.:JIJ fEIT I!:I A
pClnfr Q'( A NON-TANGI'!NftAl Cl/RWt' )'HeNCE EASTfil'/LY, 62.t!1 Ff:Er ALCWO 1I-/E' ARC OF A CIRL:UI.AR amI'!;; CtWGAIolr
SOIl7HEJ1l..'t. HAYING A JW>>1)~ OF 21-1.94 FEET; 7I!ffCIX:H A CEN711AL .ANGlE OF 16:1~'oY' AND lJElNt: S/J81EN11Ef) 8'1 A ('.1-IOMJ
lIf-/IaI BeARS S 8171'1D" e:. 8/,lJ:J nrr TO A POINT aN A NDN-TAN&EN1lAL aA!'IE:' 7HENCE" SWIHFA~Y, 7rJ.18 FEET
A'cwr; 1H€ AR~ 01'" A CtRClIl.N> alHIof; CGWCA\oC SOV1HWES1ERi.Y;, HAtANt': A RADJl)S ar :/70.0$1 n:rr; 1H1lOl/f;I A CENTRAl.
,'.Neil: OF 14'82'34' .wD BE1NO sutI'fENlJED BY A CHtIR/J IINICH SEJJIS.s: -IS'ItJ'4S' Eo. 69.$8 ~T T" A PtlINJ' tiN .A
NON-rANGENl1AL CUR~ THENCC 0AS1E'IiY.y, #J.05 FrET ALONr; THE ARC OF A OJRCt./I.AR WRit; CllNCAloC NORTHERLY. HA'>1N(;
A RAOR/$ OF 76.7IZ FEET; 7HRO/JGH A CENTRAL AM;tE OF :U"21':rr AND 8E1NC SVlft&NDI!D 8Y A CHCtIiJ:; MHJCH llEARS s.
88'2Q-Sr E;. 45.38 FUT 10 A N~ TANtlB{11AL lINt!: 71ffNCE.s e.r15..""' E:.. 47.0-1 FEET m A ~OJNT bJI/ A
NON-r;w('JEJJ7JAl CURt<" THENCe .!:i4$)!'.RtY, 8.3.75 nrr AlONG THe ARC or A ClRctA.AH ClJH~ ~~ sotnHE'RLY, HAlIfN!;
A kAOfCJS OF 2ST..'J6 FEEr. 1'HItO(/t;H A lXN'!1'IAL AI/(JU' cr 'J~8~" AND SElNC SlJ87E1JOf7) BY A C:HaRD WHICH SEARS .5:
71'56"53" E.. fJ.l..6tJ ~ TO A POJNr ON A NON-TANC&N71Al CURVE: THENCE" SDU1HF.ASTERi.Y, 61.88 FEEr AUJNO THE ARC OF
A ctRCIl1.AR CU\'~ CQYCAl1< NORIHEASTERLY; HA'ofNr; A RADIUS OF' ;107.6~ FEET. 1/IIPOUCH A CElV_ /WGl.E OF' 1/'31'29"
AND &0#(; SlJ8rt1JOI'IJ BI" A OK)J'O !HUCH 9CARS s. S6'03'~7" <.. 61,7l11'Dr1' n:> A lVCW-rANGEN71Al. /)NO; 1HDIQ; S.
78'5B'2R" E., 8fLfU FtIT; 'lHtNl::G.!: BJ'J.J'J:r 1:'. 3ZIJa nrf; 'lHtNt:E!:. ~1J':U'n" W. 138.f-l Ft:1:"I: =<< N. ,uf!''3.2" Wo,
S15.99.1'Dr1': '/HO/I;E 50 O~"S9'36' F;;. 18.5T FEU: n/ENCE S =0'52" e:. 11.79 FEET; 1HENC:E N. 64=" 1':.. JZ.~T fff:T:
THENCE.s: 191~tJS" w, /00.21 FUr.- 7H€NCE.s: 3tn:N5'" E:. TlJ.:r1 FEET: 7I!OJCE S. 01"28'51" E'.. 48..29 I"EEII TH!NC. s.
4S'5:!7JIJ" <., 27.56 FEEl) lHENCF s. 5671'38- F;;, 1!l.55 fU7i THWCE S .J.I~'59" e, 2!U;4 Fa7; THelCE 50 4n7'10' E'..
4(1.57 ffr::T; THfIICf: S 4Sf9'2fi" c., ZII. 7J mr: Tli!NCE II. JII"5J'i.2" E.. n.46 FEET: TllENCE II. U.J7'OJ" E., 21.1/1 rF<1':
7HC~ S. On9~2" E'.. 40.10 FEET; THf:Io/CE S ~.52" e. 40.16 FFE1) THENCE s. =4'55' 1':.. 21.22 FEE7) T/fEI<ICE s:
;15'27"012" e, .17.10 FEfl;- IHONCE; S. 71]'36'06- 1/(, :1:1.61 FEET; 7IIE1JCf: No 74!W29" w.. 2:J.S7 f7IT: THENCE:S: 6lTJ1'~ W.
"".2J nre 7'HfJVCE ~ 78:52tu.. Iv.. -1$.95 flIT; l7'fEJVce If. 4010"26. JY.~ 018,~8 FEE?: 7'HENC:C N. 07TJ6;.fu' ~ .;u.,76 ~
71TENCE N. 7J"5S'OS" lit, tiT.~1 rCt-r. fri&/'l~ N. eno~x- 'Yo, :;K).~1 nfl'; T1fEN(;e s; TI~'20" IY.. 2.].1-1- fEET; ~.5:
O~"26'50'" E- 1J1.57 FaT ro TWE PoINr OF' 9E'C/NMNC.
CONTAIN/Nt: J7.:z2 Aat'n Mon!' 0." UiSS.
SIfB.ECT TO EAS8(!N7S. REST1,JI;7IONS ANO/OR frfSfl/YA TlONS OF REr:OUO,
OCARINGS SHOWN HI!Rt:OH ARC .'lASeD ON THE EAST UNF or /fIE SOlfllfEAOI 1/4 OF SECTION 27
TOlWSHfP -f8 SW/H, RANG!: .a; l'., COWt:H CWNTY. Fl.M10A AS Bt:1N6 N 01'28'25" II!
Exhibit" A"
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EXHIBIT "B"
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OR: 3200
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*** OR: ~~ga P.G1 NUSQ6 ***
March 10, 2009
Page 17 of 17
.
Exhibit "C"
Brittany Bay II
Collier County Impact Fees
Fee Rate Unit Total
Community Park $571.02 208 $118,772,16
Regional Park $249.82 208 $51,962.56
Library $214,00 200 $42,800.00
Library $238.00 8 $ I ,904.00
Road $1,800.00 208 $374,400.00
School $827.00 208 $172,016.00
EMS $93,00 200 $18,600.00
EMS $104.00 8 $832,00
Jail $11 7.98 208 $24,539.84
Water 208 $181,200,00 J
Sewer 208 $223,600.00 /
Total
1,210,626,56
,-/