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Agenda 07/07/2015 Item #16F17/7/2015 16. F.1. EXECUTIVE SUMMARY Recommendation to approve a Termination of Agreement for the Timber Ridge PUD Unit 2 affordable rental housing project due to the impact fees being paid in full in accordance with Resolution 95 -62 and the Amended and Restated Agreement for 100% Deferral of Collier County Impact Fees recorded in Official Records of Collier County Book 2074 Page 0233. OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes the Chairman to sign a Termination of Agreement for the Timber Ridge PUD Unit 2 affordable rental housing project due to the impact fees being paid in full in accordance with Resolution 95 -62 and the Amended and Restated Agreement for 100% Deferral of Collier County Impact Fees recorded in Official Records of Collier County Book 2074 Page 0233. CONSIDERATIONS: Resolution 95 -62 was originally adopted by the Board on January 24, 1995. The Resolution authorized the deferral of impact fees for a period of fifteen years for the Timber Ridge 34 -unit affordable rental housing project. Subsequently, on April 4, 1995, a Deferral Agreement, in the amount of $133,603.68 was executed between Collier County (County) and Immokalee Non - Profit Housing, Inc. (Owner) for the project. The deferral agreement stood in lieu of the impact fees otherwise due for the subject construction and had a requirement that the agreement be recorded as a lien on the property; however, the deferral agreement was not recorded as a lien but as an agreement. The agreement was recently discovered during the process of selling the property and the fees were paid in full on April 27, 2015. A Termination of Agreement has been prepared for approval by the Board and signature by the Chairman. The document will be recorded in the public records of Collier County. FISCAL IMPACT: Impact Fees have been paid and deposited in the respective Impact Fee Trust Funds in the following amounts: Impact Fee Amount Paid Library $6,137.68 Road District 5 $46,886.00 Regional Parks $6,086.00 Community Parks $13,566.00 EMS $476.00 School $60,452.00 TOTAL $133,603.68 Upon payment, such funds became available to provide funding for growth- related capital improvements. GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: "Future Packet Page -2096- 7/7/2015 16. F.1. development will bear a proportionate cost of facility improvements necessitated by growth." Additionally, Policy 1.4 of the Housing Element of the Collier County Growth Management Plan states: "Collier County shall seek to distribute affordable - workforce housing equitably throughout the county where adequate infrastructure and services are available. Programs and strategies to encourage affordable - workforce housing development may include, but are not limited to, density by right within the Immokalee Urban area and other density bonus provisions, impact fee deferrals, expedited permitting (fast tracking), public private partnerships, providing technical assistance and intergovernmental coordination. " Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. The deferral of impact fees for the subject property was consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires a majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chainnan to sign a Termination of Agreement for the Timber Ridge PUD Unit 2 affordable rental housing project due to the impact fees being paid in full in accordance with Resolution 95 -62 and the Amended and Restated Agreement for 100% Deferral of Collier County Impact Fees recorded in Official Records of Collier County Book 2074 Page 0233. Prepared by: Paula Fleishman, Sr. Operations Analyst Office of Management and Budget Attachments: 1. Resolution 2. Deferral Agreement 3. Official Receipt 4. Proposed Termination of Agreement Packet Page -2097- 7/7/2015 16. F.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.F.16.F.1. Item Summary: Recommendation to approve a Termination of Agreement for the Timber Ridge PUD Unit 2 affordable rental housing project due to the impact fees being paid in full in accordance with Resolution 95 -62 and the Amended and Restated Agreement for 100% Deferral of Collier County Impact Fees recorded in Official Records of Collier County Book 2074 Page 0233. Meeting Date: 7/7/2015 Prepared By Name: FleishmanPaula Title: Operations Analyst, Senior, Growth Management Department 6/10/2015 8:21:23 AM Submitted by Title: Operations Analyst, Senior, Growth Management Department Name: FleishmanPaula 6/10/2015 8:21:24 AM Approved By Name: PattersonAmy Title: Manager - Impact Fees & EDC, Growth Management Department Date: 6/11/2015 11:41:15 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/12/2015 1.1:52:18 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/19/2015 9:28:41 AM Name: Casa] angui daNick Title: Deputy County Manager, County Managers Office Packet Page -2098- Date: 6/21/2015 10:48:03 AM Packet Page -2099- 7/7/2015 16. F.1. 7/7/2015 1 6 A r� RESOLUTION NO. 95-52 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE DEFERRAL OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR TIMBER RIDGE PUD UNIT 2 A 34 UNIT AFFORDABLE RENTAL HOUSING PROJECT. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very low income households in Collier County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1, objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.5; objective 1.G, policy 1.6.3; objective 2. 1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.5 of the Housing Element; and WHEREAS, John T. Witchger, Chairman of Immokalee tlon- Profit Ho'lsing, Inc., a Florida lion- Profit Corporation, undertook the development of Timber Ridge PUD Unit 2, a thirty -four (34) unit affordable rental housing community on a site locates! in Collier County, Florida, of which Immokalee Non- Profit Housing, Inc. owner; and WHEREAS, on August 13, 1994, an application was filed with the County Manager for the deferral of Collier County impact fees for the Timber Ridge PI'D Unit 2 project consistent with the requirements of the County impact fee ordinances; and WHEREAS, in accordance with Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 83 -97, as amended; w Packet Page -2100- 16A Section 4.05 of the Parks and Recreational F"aci]ities Impact Fee Ordinance, Ordinance No. 82 -96, as amended; Section 3.04 of the Road Impact Fee Ordinance, Ordinance Po. 92 -22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91 -71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92 -33, as amended, an applicant may obtain a deferral of one hundred percent (100%) of impact fees for a period of fifteen (15) years by qualifying for said deferral; and WHEREAS, Immokalee Non - Profit Housing, Inc. has qualified for an impact fee deferral based upon the following representations made by Immokalee Non - Profit Housing, Inc.: A. The Dwelling Unit shall be the permanent residence of the occupant /tenant. B. The household renting the Dwelling Unit must have very low income level, at the commencement of the leasehold and duration thereof, as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the respective 1rpact Fee Ordinances. C. The Duelling Unit shall remain affordable for at least fifteen (15) years from the date the certificate of occupancy was issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of Collier County Commissioners hereby authorizes deferral by Collier County of the following impact fees in the amounts listed below for the thirty -four (34) affordable housing units to be developed by Immokalee Non- Profit Housing, Inc., on the Timber Ridge PUD Unit 2 site PUD -93 -11 as identified in Exhibit "A": Packet Page - 2101 - 7/7/2015 tD A. Library System Impact Fees B. Road Impact Fees C. Parks & Recreation Impact Fees a) Community Parks b) Regional Parks D. Emergency Service_. Impact Fees E. School Impact Fees Total Impact Fees to be Deferred 7/7/2015 16.F.1. 16A 6 M Each Unit 34 Units $ 180.52 5 6,137.68 1,379.00 46,386.00 399.00 13,566.00 179.00 6,086.00 14.00 476.00 1,778.00 60,452.00 $3,929.52 $133,603.68 2. Deferral of said impact fees is subject to and contingent upon execution and recordation of an Agreement for Deferral of Collier County Impact Fees which shall be entered into between the applicant and County. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMN ISSION ERS COLLIER CO t ITY , FLORIDA /tcttyeJJ. 1.1 'tthewS,,/ChHirman Approved as to form and legal sufficiency: Heidi 'As'hton ' Assistant County Attorney ULI /133 Packet Page -2102- Timber Ridge PUD Unit 2 EXHIBIT "A" Legal Description TRACT "A" TIMBER RIDGE - UNIT ONE, AS RECORDED I14 PLAT BOOK 24, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 12, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. Packet Page -2103- 7/7/2015 16A 6 Iota: 1902992 OR; 2025 PG; 0587 cuorl 7/7/2015 16.F.1. cull " TII BUID IICOIDID is the OFFICIu tIC083 of COLLIII MONTI, IL IITIIOFFICI $TI FLOOR 01/27/15 at 07:00 DVIGlT I. IIOCI, CURI ILT 1105 AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT TEES This Agreement for the Deferral of Impact Fees entered into this.1544 day of ( —j-��T 1994', by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Immokalee Non - Profit Housing, Inc., a Florida Non - Profit Corporation, hereinafter referred to as "OWNER ". WHEREAS, Collier County Ordinance No. 88 -97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88 -96, e Collier County Parks and a �aa, t b. Recreational Facili'�1,�6s'V Impact Fee, ,$r finance; Collier County Ordinance No. 91 7-71A asamended,r- the :Collier County Emergency Medical Services' Sysft�nh a- "Feediinance; Collier County Ordinance No. 92;- � ,as yar ed th o} r County Road impact Fee Ordinance; Col -li er County ordnance 2 -33, as amended, the `, Collier County Edil -t'ional FaciIit 1e..S act Fee Ordinance, as they may be further -w ended_.... -fr I time to time, hereinafter collectively referred to i °g- Imis`act Fee Ordinance ", provide for deferrals of impact fees for rental dwelling units qualifying as affordable housing; and WHEREAS, John T. Witchger, is the Chairman of Immokalee Non - Profit Housing, Inc., a Florida non - profit corporation, and serves as a duly authorized agent for the Owner; and Packet Page -2104- OR: 2025 PC 7/7/2015 16.F.1. WHEREAS, ioh T . " %- iigrcr, as 06dNER' duly - }� r' xea 'J# j J a u a. o s d agent .. has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application being attached hereto and incorporated by reference herein; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing deferral of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite paetfees subject to satisfaction of all criteria in the Imp"+ e rd tAa o,�qualifying the project as eligible for an impacL., ee deferral; ante WHEREAS, the/ COi7NTY airerr►ed d ferral of impact fees in the f amount of $ P it f 6m d a. ro it Housing, Inc., on e Ridge UD B ice" mb•' d:jn Resolution , the Timber g . ,, � at its regular meet°, , of ,; and WHEREAS, the I` Fee Ordinan Requires that the OWNER enter into an Agreement NOM, THEREFORE, in consideration of the foregoing recitals the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units (the "Dwelling Unit ") is attached hereto as Exhibit "A" and incorporated by reference herein. - 2 - Packet Page -2105- OR: 2025 17/7/2015 16.F.1. 3. TERM. OWNER agrees that the Dwelling Unit shah remain affordable and shall be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a minimum of fifteen (15) years commencing from the date a certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. Owner represents and warrants the following: a. The Dwelling Unit shall be the permanent residence of the occ l "an -t -JA b. The hqus�Pr rent �e Dwelling Unit must have a ve � /o��ome level, at ',the commencement of the leasehold and-�duratfon tberieof, , as that term is def ivied in hie )l p ndWc'6s ito j the respective impact Fee.�'br tinain'� a-)Tr�.th�on' LAly rent must be within they• =4'ffordable horf°sTncj .:gn delines established in k_ the appendices to he,,, respective Impact Fee Ordinance-s.'. - '-._I- c. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the certificate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER. If OWNER rents the Dwelling Unit subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to households meeting the criteria set forth in the - 3 - Packet Paize -2106- OR: 2025 f 7/7/2015 16.F.1. Impact Fee Ordinance, the impact f ees dAeferred sha 11 be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling Unit as affordable housing, or fifteen years from the date such impact fees are deferred, whichever occurs first. 6. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non - compliance with the requirements of this Agreement. 7. ANNUAL REPORT. uaI the OWNER of the Dwelling Unit shall pro.,., to the ' CryR, Manager an affidavit of compliance -t-la----,the affordable housing qualification criter4a /and. st�� rds set _forth in the Impact Fee Ordinancci!. Sai4 ffidavi iusit be filed within thirty (30) d�rs1�of the anniversary date,?of the issuance of the certific ,6t,e,� of occupancy's I,the income of any unit renter whicta; originally,- tlified as very low income level as defl respective Appendix to the Impact Fee Ordinance by more than forty percent (40 %), then the deferred Impact Fee shall become immediately due and payable by Owner or, in the alternative, the Owner shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the respective Appendices. - 4 - Packet Page -2107- OR: 2425 17/7/2015 16.F.1. RELEASE ww I ZIN Upon f c 1 i s Q i S. asBa.�ASE vs Liar. Jpon satisfactory Cvmpie4ivi'i oa she Agreement requirements, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing same, 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 the Dwelling Unit, the original OWNER shall remain liable for th ct`"fees deferred until said impact fees are pa full . 10. RECORDII�IEi` is--A reement shall be recorded by OWNER at the expense,. o 4 RRDficial Records of Collier County of thi \` Commissi 11. DEFAULT. o ids ,w°yi t,,'` ii"i`t reement by the Chi: tiers. It b1& R sh. ha11 b 60Y days after execution 4� tr eof the Board of County ;default of this Agreement (1) where OWNER' ' =1s- - nt the property in accordance with the affordable housing standards and qualification criteria established in the It;pact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non - compliance, or (2) where OWNER violates one of the affordable housing qualifi- cation criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of violation. However, with respect to the Annual Report, OWNER shall - 5 - Packet Page -2108- OR: 2025 1 7/7/2015 16.F.1. not be in:defauit of this Agreement until a fifteen (15) day grace period from the due date of the report has lapsed in the event the Owner is in default. 12. REMEDIES. Should said owner of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees deferred shall be paid in full by OWNER within thirty (30) days of said non - compliance. OWNER agrees that the impac f - :dpf-eared shall constitute a lien on the propertp ortmencing - uh he effective date of this agreemewt and - tinuinq�until paid. Such lien shall be superior p rsodt �t�t interest in the Dwelling Ieriant, mortgagee, or other Unit cif $n owner, Ile see `A person`, eit'cept the 1 ien`zfor `Coun y' taxes and shall be on parity lw^kh� the l ien of any r s i?ch County taxes. Should the OWNER,,,1_ `,,4n defa t.., o r this Agreement and the -_- default is nbt�quied hin thirty (30) days after written notice to the Owner, the Board may bring a civil i action to enforce the agreement. In addition. the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the Packet Page -2109- dR: 2025 PC 7/7/2015 16.F.1. statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for deferral of Impact Fees on the date and year first above written. Witnesses: OWNER: IMMOKALEE NON - PROFIT HOUSING, INC. Print Name .2111 <v Print Ngmcr w•R• '�% I D 9 `A yna DATED : .4 `'� BOJ ATTES �o CO] DWIGHT E. BROCK, Clerk`s ti�• � •:. rte'. � � Approved as to form and legal sufficiency J ,11, /� r -1 f:'11( � iHkiTdi 'F. Ashton Assistant County Attorney n T. witcnger SEAL) OF COUNTY COMMISSTONERS R COUNTY, FLORIDA, By //-!2 9r Bett Matthews, Chairman - 7 - Packet Pape -2110- OR: 2025 K 7/7/2015 165.1. STATE OF A COUNTY OF The foregoing instrument was acknowledged before me thisc.� day of �7 ;'� -r�f�n 4.'� _.� 199 ,1, by John T. Witchger, Chairman of Immokalee Non - Profit Housing, Inc., a Florida Non - Profit Corporation, on behalf of the pgrporation. He is personally known to me or has produced (type of identification) as identification. (NOTARIAL SEAL) Signature of Person Taking knowledgment Name of Acknowledqer Typed, Printed or Stamped Title or Rank * ** OR; 2025 1 7/7/2015 16. F.1. Timber Ridge PUD Unit 2 EXHIBIT "A" Legal Description TRACT "A ", TIMBER RIDGE — UNIT ONE, AS RECORDED IN PLAT BOOK 24, PAGES 1 AND 2 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. Packet Paize -2112- Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description 7 /7 le) n -1 r, -1 a C: rrrrw i.� iv.i Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239 - 252 -2400 RECEIPT OF PAYMENT 2015241444 2015- 021912 04/27/2015 $133,603.68 Payment Method Amount Paid Check Number Check $133,603.68 9127 $133,603.68 $0.00 IMMOKALEE NON - PROFIT HOUSING INC 2449 SANDERS PINE CIR IMMOKALEE, FL 341422101 Reference Number Deferral M/F LIBRARY Payoff MS20150005520 Deferral M/F ROAD Payoff MS20150005520 D5 Deferral M/F Regional Park MS20150005520 Deferral M/F Community MS20150005520 Park Deferral M/F EMS Payoff MS20150005520 Deferral M/F SCHOOL MS20150005520 Payoff Cashier Name: AlinaHarris Batch Number: 4418 Entered By: fleishmanpaula Original Amount GL Account Fee Paid $6,137.68 $6,137.68 355 - 156190- 324103 - 31355.1 $46,886.00 $46,886.00 339 - 163659 - 324103- 31339.1 $6,086.00 $6,086.00 346 - 156405- 324103 - 31346.1 $13,566.00 $13,566.00 346 - 156410 - 324103 - 31346.1 $476.00 $476.00 350 - 140470 - 324103- 31350.1 $60,452.00 $60,452.00 113 - 000000 - 209050 Packet Page -2113- This instrument prepared without opinion oftitle by and alter recording return to: Charles A. B. T iornson, Esq. Coleman, Yovanovich &. Koester, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435-3535 TERMINATION OF AGREEMENT 7/7/2015 16. F.1. WHEREAS, the Board of County Commissioners of Collier County, Florida ("County') recorded that certain Amended and Restated Agreement for 100% Deferral of Collier County Impact Fees ( "Agreement'), in Official Records Book 2047, Page 233, against the below - described real property ("Property D, owned by Immokalee Non - Profit Housing, Inc., a Florida non - profit corporation ( "Owner"): Tract "A" Timber Ridge — Unit One, as recorded in Plat Book 24, Pages I and 2 of the Public Records of Collier County, Florida, located in Section 32, Township 46 South, Range 29 East, Collier County, Florida. WHEREAS, Owner has satisfied all requirements and obligations under the Agreement and County desires to record this instrument to evidence such satisfaction and terminate and release the Agreement in its entirety, including any and all lien rights against the Property thereunder. NOW, THEREFORE, for Ten Dollars ($10.00) and other valuable consideration, County hereby acknowledges that all requirements and obligations upon Owner and /or the Property under the Agreement have been satisfied or completed in full and, in connection therewith, County hereby terminates and releases the Agreement in its entirety, including, without limitation, any and all lien rights and other encumbrances against the Property. It is the intent of County by the recording of this instrument that the Agreement be terminated in frill, shall be of no further force or effect, and shall no longer be an encumbrance or cloud upon title to the Property in any way whatsoever. Dated this day of ATTEST: By: Print Name: Title: Approved as to form and legal sufficiency: Jeffrey Klatzkow County Attorney 2015. COUNTY: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tinl Nance, Chairman TERMINATION of AGREEMENT PAGE I OF 2 Packet Page -2114- STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was 2015, by SJSan E�0\ et-(, n , Inc., a Florida not - for -profit corporation, me or Ll produced 7/7/2015 16.F.1. OWNER: Immokalee Non - Proft Housing, Inc., a Florida ot- for - profit corpora ' n By: Print Name: 2YL Title: acknowledge before me this day of �, )jr\ as EX�'Ck}A I'\;?— �N,066 of Immokalce Non -Profit Housing, on behalf of said corporation, and who is Lv� rsonaily known to as identification. NOT,4RYPUBLIC Prim Name • 40M e r73 My Commission Expires: FF C1 M. RGMIERO ? Notary Public • State of Flori ft My Comm.. Expires Apr 2.2017 s, '•:;�;�o �� r.. Coaunisslon 0 FF 008809 TERMINATION OF AGREEMENT PAGE 2 OF 2 Packet Page -2115-