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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). Packet Page -1200- 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 1 of 9 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 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 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 9 of 9 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 1 of 9 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. 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 #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] � `"x'L----� 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 , ESPERANZA DRIVE n--- I $- — a$ YL.� l I I 1 I If 1 I I I I D ' I i I I 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 iii a a - ==KICIpe \ I I f m �nrnucn _n F a a - ==KICIpe \ I I f m �nrnucn 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 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 3 I 1 ; III Il I m N I1I i� I f as FI: 3 IGc III Il I C i� I f as FI: I _ I z. I � a Return to 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