Resolution 1997-001
RESOLUTION NO. 97- ~
JAN - 7 f997
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA
AUTHORIZING THE DEFERRAL OF LIBRARY
SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACT FEES, ROAD IMPACT FEES,
WATER IMPACT FEES, SEWER F1MP ACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT
FEES, AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR HERON PARK APARTMENTS,
A 243 UNIT AFFORDABLE RENTAL HOUSING
PROJECT, AND SUBORDINATION OF LIEN.
WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
affordable housing for moderate, low, and very low income households in Collier County and the
need for creative and irmov.tive programs to assist in the provision of such housing by including
several provisions in the Collier County Growth Management Plan. including: objective 1.4,
,
policy 1.4.1, objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6;
object 1.6, policy 1.6.3; objective 2.1, policy 2. \.I, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
policy 2.1.6 of the Housipg Element; and
WHEREAS, Heron Park Partners. Ltd., a Florida Limited Partnership, will undertake the
development of Heron Park Apartments, a two hundred and forty-cight (248) unit affordable rental
housing community on a site located in Collier County, Florida, of which Heron Park Partners,
Ltd. is owner; and
WHEREAS, on November 8, 1996, an application was filed with the County Manager for
the deferral of Collier County impact fees for the Heron Park Apartments consistent with the
requirements of the County impact fcc ordinances; and
WHEREAS, in accordance with Section 3.4 of the Library System Impact Fcc Ordinance,
Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact
Fcc Ordinance, Ordinance No. 88-96, as amended; Seclion 3.04 of the Road Impact Fcc
Ordinance, Ordinance No. 92-22, as amended; Collier County Ordinance No. 90-86, as amended,
the Collier County Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87, as
amended, the Collier County Sewer System Impact Fcc Ordinance; Section 3.05 of the EmCl'J!cncy
Medical Services System Impact Fcc Ordinance, Ordinance No. 91-71, as amended; and Section
3.05 of the Educational Facilities System Impact Fcc Ordinance, Ordinance No. 92-33, as
JAM - 7 1997
amended, an applicant may obtain a deferral of one hundml percent (100"10) of impact fees for a
period of oix (6) years by qualifying for said deferral; and
WHEREAS, Heron Park Apartments has qualified for an impact fcc deferral based upon
the following representations made by Heron Parle Partners, Ltd.:
A. The Dwelling Unit shall be the pennanent residence of the OCClIJ>antltcnant.
B. The holllCbold renting the Dwelling Unit must have a low income level, at the
commencement of the leasehold and duration thereof, as that tcnn is defined in the
Appendices to the respective Impact Fcc Ordinances and the monthly rentlDllSl be
within the affordable housing guidelines established in the Appendices to the rcapoctive
Impact Fcc Ordinaocea.
C. The Dwelling Unit 01:&11 remain affordable for at least fifteen (15) years &om the date
the certificate' of occupancy wu issued.
1. The Board of County Commiuioncra bc::eby authorized the dcfeuaJ by Collier Coualy of the
following impact fees in the amounts limd below for the two hundn:d and forty-eiJbt (248)
I
affordable housing unita to be developed by Heron Pan: Putncn, LId. on the David A.
Gallman Estate PUD-9S-14, as identified in Exhibit "A":
Eadlll.1t
141 U.1ft
a) Library S ystcm Impact Fccs
b) Road 1mp3ct Fees (48 Units)
(200 Unital
c) Paries & Recreation Impact Fees
Community Paries
Regional Parks
d) Emagcncy Servicealmpact Fees
c) Sewer Impact F ces
0 Water Impact Fees
g) School Impact Fees
$ Ig5.52
$ 44,76g.96
952.00
45,696.00
935.00
187,000.00
399.00
98,952.00
179.00
44,392.00
2.00
496.00
1,340.00
332,320.00
900.00
223,200.00
827.00
205 096 00
TOTAL IMPACT FEES TO BE DEFERRED
$1,181,920.96
2. A) In compliance with the provision of the Collier County impact fcc ordinances, Heron Parle
Partners, Ltd. has demonstrated to the County that a subordination of the County's ri~ht.,
JAM - I g;'1
interests and lien is ncc-.y to obtain finaDcing for the Heron Pule Apartments, 111
affordable hou.sing project consiating of two hllildled and forty-eight multi-family dwelling
unita; and
B) In compliance with the provisiOlll of the impact fee ordinances, the Owner will cIcli-n:r to
thc County IUbatitute col\.lltcral in the fonn of cuh and a cub equivalent finm::ial
instrument payablc to the County which together will yicld to the County the tWI ........ut
of the l1cferred impect feel, i.e., the IIUtIl of One Million One Htmdred EiahtY-ooe
Tbouand tfmc HUDdrcd Twenty Dol1arl and 96/100 at the expiration of the period of the
deferral, August IS, 2003, i.e., a United States Trcuury Zero Coupon Bond which will
mature at the end of the deferral period, Auguat IS, 2003, and., upon maturity, would yield
an IlIIOWlt equal to the IIDOUIlt of the deferred feca. County covcnanta and &grceIItbat it
will not ncgotiale the bond unlcaa and until thc deferred impact fees become due llDd
.
payable punuant to the terma of the Agreement for 100'10 Deferral of Collier County
Impact Feca and that all rnoncya m:eived by negotiation of the bond shall be applied to the
,
payment of said deferred impact fOf' obligation owing by Heron Pule PartnerI, Ltd.
C) The County hereby covcnantJ and C(,........Jb and agrees that ita rigbta, intercata and lien
pum1IIlt to the Agreement shall be subord;natM to the lien of the Mortgage and Security
Agreement ('"Mortgage") and other docwncntJ executed by Owner in conaidention
therewith from Heron Pule Partncn, Ltd. to Florida HOUling Finance Agc:ucy, Collier
County HOUIing Finance Authority, or other primary Icndcn in the pri.1.:ipal m10UDt ofup
to Thirteen Million Five HUDdrcd Thousand Dollars ($13,500,000), plus accrued iDtercat
and all advances authorized under the provisions of such mortgages. The CoImty will
execute such JUbordination agrcementa as may be reasonably required by aid mortpgcea.
3. Deferral of said impact feca is subject to and contingent upon execution and recordatiOll
ofan Agreement for Deferral of Collier County Impact Fcca which shall be entered into
between the applicant and County.
'Ibis RcIolutiolllldopted after motioo, KCODd md majority vote favoring IIIIIe.
JAI - 7 f1I1
DATED:~1/n?
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By~~~
Approved .. to form md
1epl1Ufficic:ncy:
Heidi F. AIbtOn
A..,.- County Attorney
jdlpnlOrao
JAI - 7 fI!1
EXHIBIT "A"
LEGAL DESCRIPTION
GALLMAN !!STATE
30.45 t ACRE TRACT
A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 12, TOWNSHIP
50 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA; BEING MORE
PARTICULARLY DESCRlBED AS FOLLOWS:
COMMENCE AT THE SOtITHWEST CORNER OF SECTION 12, TOWNSHIP SO
SOum, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 00-
18'50" W. ALONG THE WEST LINE OF SAID SEcrION 12, FOR A DISTANCE OF
2836.80 FEET; THENCE RUN N 89041'10" E FOR A DISTANCE OF 270.00 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DBSCRIBED;
THENCE RUN N 00-18'50" W FOR A DISTANCE OF 990.00 FEET: THENCE RUN N
8~41 '10" E FOR 'A DISTANCE OF 1120.00 FEET; lHENSE RUN S OO-lS'5crBFORA
DISTANCE OF 1320.00 FEET; THENCE RUN S 8~41'10" W FOR A DISTANCE OF
660.00 FEET; riIENCE RUN N 00"18'50" W FOR A DISTANCE OF 330.00 FEET;
THENCE RUN S 89<41'10" W FOR A DISTANCE OF 460.00 FEET TO THE POINT OF
BEGINNING, COtn' AINING 30.45 ACRES, MORE OR LESS.