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Agenda 02/28/2012 Item #16A 82/28/2012 Item 16.A.8. EXECUTIVE SUMMARY Recommendation to approve a Release of Lien for the Crestview Park Apartments Phase I due to the impact fees being paid in full in accordance with the Multi - family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(8) (5) of the Collier County Code of Laws and Ordinances. OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes the Chairman to sign a Release of Lien for the Crestview Parks Apartments Phase I due to the impact fees being paid in full in accordance with the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances (Code). CONSIDERATIONS: The Multi - family Rental Impact Fee Deferral Program was originally adopted by the Board on December 12, 1992. The Program currently provides a deferral of impact fees for a period of ten years for qualified affordable rental projects. This timeframe has previously been extended from a six year term to six years and nine months to the current term of ten years. The program is limited to very low or low income households. The unit must be the household's permanent residence and the head of household must be a legal resident or citizen of the United States. Rental limits may not exceed the rental limits established by Florida Housing Finance Corporation. The program is limited to 225 units per year, including any qualifying Community Workforce Housing Innovation Pilot Program (CWHIP) units. On March 15, 2006 a Deferral Agreement, in the amount of $1,403,545 was executed between Collier County (County) and Crestview Park, Ltd. (Owner) for Phase I of the Crestview Park Apartments. The deferral agreement stood in lieu of the impact fees otherwise due for the subject construction of 208 affordable rental dwelling units. The deferral was secured with a Tri- Party Agreement between the Owner, the County and PNC Bank. A corresponding lien was also placed on the property in the amount of the deferral agreement. On January 31, 2012, the impact fees were paid in full, in the amount of $1,403,545. In accordance with Section 74- 401(g) (5) of the Code, staff and the County Attorney have prepared a Release of Lien for approval by the Board and signature by the Chairman. The document will 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: Packet Page -984- 2/28/2012 Item 16.A.8. Impact Fee Amount Paid EMS $19,344.00 Government Buildings 28,167.23 Jail 24,539.84 Library 29,563.69 Parks 207,018.24 Road (District 5) 922,896.00 School 172,016.00 TOTAL $1,403,545.00 Upon payment, such funds became available to provide funding for growth- related capital improvements. GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." Additionally, Policy 1.4 of the Housing Element of the Collier County Growth Management Plan states: "Collier County shall seek to distribute affordable- workforce housing equitably throughout the county where adequate infrastructure and services are available. Programs and strategies to encourage affordable- workforce housing development may include, but are not limited to, density by right within the Immokalee Urban area and other density bonus provisions, impact fee deferrals, expedited permitting (fast tracking), public private partnerships, providing technical assistance and intergovernmental coordination. " Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. The deferral of impact fees for the subject property for the initial 6 year term (or other specified term) was consistent with the Growth Management Plan and the impact fee regulations in place at the time of execution of the Agreement. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. -JW RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a Release of Lien for the Crestview Park Apartments Phase I due to the impact fees being paid in full in accordance with the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Growth Management Division — Planning and Regulation Attachments: 1) Proposed Release of Lien; 2) Deferral Agreement; 3) Official Receipt Packet Page -985- 2/28/2012 Item 16.A.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8. Item Summary: Recommendation to approve a Release of Lien for the Crestview Park Apartments Phase I due to the impact fees being paid in full in accordance with the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(8) (5) of the Collier County Code of Laws and Ordinances. Meeting Date: 2/28/2012 Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management & 2/2/2012 11:28:52 AM Approved By Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 2/9/2012 5:04:56 PM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 2/10/2012 3:59:03 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 2/15/2012 7:56:31 AM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 9:40:20 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 2/20/2012 3:45:15 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Packet Page -986- Date: 2/21/2012 10:04:03 AM Packet Page -987- 2/28/2012 Item 16.A.8. This instrument prepared by: Amy Patterson Collier County Growth Management Division 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5721 RELEASE OF LIEN 2/28/2012 Item 16.A.8. KNOWN ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 East Tamiami Trail, Naples, Florida, 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Crestview Park Ltd. to Collier County, executed and recorded on March 15, 2006 in Official Records Book 4001, Page 1720 of the Public Records of Collier County, Florida, hereby does release from lien the real property described in Exhibit "A" and Exhibit `B" (attached), owned by Crestview Park, Ltd. The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property and consents to this lien being discharged of record. Dated this day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Jeq E. Pright As ant County Attorney Packet Page -988- 2/28/2012 Item 16.A.8. 0 w -- - Exhibit "A" CRESTVIEW PARK APARTMENTS A PARCEL OF LAND LOCATED IN A PORTION OF TRACT 2 AND TRACT'S . ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE ACCORDING TO THE PLAT THEREOF AS RECORDED M PLAT BOOK 42, PAGES 94 THROUGH III OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRNM AS FOLLOWS: OEM AT THE NORTHEAST CORNER OF TRACT 2, ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE ACCORDING TO THE PLAT THEREOF AS RECORDED N PLAT BOOK 42, PAGES "THROUGH 111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SA1'11b4"E, ALONG THE EAST LINE OF SAID TRACT 2, FOR A DISTANCE OF 1,216.43 FEET; THENCE RUN &W46''01 -W , FOR A DISTANCE OF 122.76 FEET; THENCE RUN 5.01.10'6sf"E., FOR A DISTAN ET; THENCE RUN 8.6864M-W., FOR A DISTANCE OF 66.75 46'26"YY., FOR A DISTANCE OF 12629 FEET; THENCE STANCE OF 121AD FEET; THENCE RUN N.66' FOR A DHSTANC FEET; THENCE RUN N.06•31'2M., F A ANCE OF 217.41 ON THE WEST LINE OF SAID TRACT -E., AL E WEST LINE OF SAID TRACT 2. FOR A RU N20'40'42"E., ALONG THE WEST LINE OF 66.43 FEET; THENCE RUN N AO'034 G 2, FOR A DISTANCE OF 100.7! FEET E N 1' , O O WEST LINE OF SAID TRACT 2, FOR ; N.0WWW -W., ALONG THE WEST LINE D TRACT FOR RUN N.36'1T1 ONG THE WEST 71.2, FOR FEET; DISTANCE OF 46.0! FEET; RUN N.74 SrI WEST LINE OF SAID TRACT 2, FOR A D OF 160.77 FEET; UN N.01.11b4"W., FOR A DISTANCE OF 200.40 FOR A DISTANCE OF 240.60 FEET; THENCE R AME OF 19CAS FEET TO A POSIT ON THE EAST LINE ARROWMEAD RESERVE AT LAKE TRAFFORD - PHASE ONE; THENCE RUN 5.01.11'04"E., ALONG THE EAST LINE OF SAID TRACT'S', FOR A DISTANCE OF 60.44 FEET TO THE PONT OF CONTAINING 556,642,3 SQUARE FEET OR 12.776 ACRES, MORE OR LESS. EIOSTw4G CARSON ROAD EKT"JON fi- Exhibit "B" "'�NJ 07E. LAKE U CTE SlXdl►�AARY: BARKING SUML.1AFtY_ _ _ .. ........ . r.v.t. ♦wf ,�. +o n Mown . M.M t Mf.YwV •I. [[ nwe nn.xe I O a) Ql bo m a t Q1 U m a NOOK& :.,�w� °� ^:Oil ir�w I..:•,: ".:. w�, °'„ .w TRACT 7 •:'t:. �.: • .��.:("'�': y Exhibit "B" "'�NJ 07E. LAKE U CTE SlXdl►�AARY: BARKING SUML.1AFtY_ _ _ .. ........ . r.v.t. ♦wf ,�. +o n Mown . M.M t Mf.YwV •I. [[ nwe nn.xe I O a) Ql bo m a t Q1 U m a Return to. Lamm Bard Operational Support & Hou dng 2800 N. Horseshe Drive Napks FL 34104 3804322 2/28/2012 Item X16 A.8. RECORDED in OPFIC - - -- - - -_- -- - - - - - -- --- -.., .,, 03/20/2006 at 01:00PN DWIGHT 8. BROCE, CLERK REC 111 120.50 COPIES 14.00 RISC 1.50 Retn: OPERATIONAL SUPPORT i HOUSING 2800 N HORSEHOI DR #400 NAPLES FL 34104 This apace for recording AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY MACT FEES FOR MULTI - FAMILY AFFORDABLE HOUSING This Agreement for the Deferral of Impact Fees is entered into this /S day of March, 2006, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, Ltd., hereinafter referred to as " WHEREAS, C Impact Fee Ordinance, as it "COUNTY," and Crestview Park, " collectively 2001-1 — —7— /. be amended from e tm tie j "Parties." ollier County Consolidated referred to as the "Impact Fee Ordinance," prove the deferral of im cf es for new multi - family, rental dwelling units which qualify as affo 1 WHEREAS, Lloyd J. Boggio, as Manager and President of TCG Crestview Park, LLC., general partner of Crestview Park, Ltd., is the Owner's duly authorized agent; and WHEREAS, Crestview Park, Ltd., has applied for a deferral of impact fees as required by the Impact Fee Ordinance for the Crestview Park Apartments, hereinafter referred to as "PROJECT," and a copy of said application is on file in the Operational Support and Housing 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 affordable housing deferral of multi - family impact fees as required by the Impact Fee Ordinance; and Revised 03/06/06 (1342) 1 of 11 Packet Page -991- IAA-1 �� ARA4 Or 2/28/2012 Item 16.A.8. WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of One Million Four Hundred and Three Thousand, Five Hundred Forty -Five and 00 /100 Dollars (1,403,545.00) for six years from the first date that the impact fees were otherwise due and payable for the PROJECT; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY in order to defer payment of otherwise required impact fees; and WHEREAS, pursuant to Section 74 -201 E. l.b. of the Impact Fee Ordinance, the County Manager is authorized to execute certain Impact Fee Deferral Agreements on behalf of the COUNTY; and WHEREAS, by signing this Agreem e County Manager will approve a deferral of impact fees for OWNER in suppo NOW, THEREFOW ' i a ' of the forego ng Recitals and other good and valuable consideration, the rcei d ci n o i ° ereby mutually acknowledged, the Parties covenant and agree a o ,. X1'"•;'1 1. RECITALS ORATED. o Recitals are true and correct and are incorporated by reference` 2. LEGAL DESCREP '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 11B," and both Exhibits are incorporated by reference herein. 3. TERM. The OWNER agrees that the Dwelling Units shall remain affordable and shall be offered for rent in accordance with the standards set forth in the Impact Fee Ordinance for a minimum term of fifteen (15) years commencing from the date a certificate of occupancy is issued for a particular Dwelling Unit; and that the term of the requirement to pay the PROJECT's impact fees will be deferred for six (6) years from the date of the impact fees being due and payable. Revised 03/06/06 (1342) 2 of 11 Packet Page -992- 4. REPRESENTATIONS AND WARRANTIES. warrants the following: nn . AAA! . InfM � T1' 2/28/2012 Item 16.A.8. The OWNER represents and 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 "affordab the date its certificat R TR ' 5. SUBSEQUENT A OR Dwelling Unit which is subj e to �e mp femme Haan subsequent renter, the Dwelling ni sh 1�.J qualifying criteria set forth ' r originally qualified as very toy' low income levy Ir increases by more than forty perce I above the e" for at least fifteen (15) years from YMENT. If OWNER rents a that Dwelling Unit to a sons or households meeting the Q�Ome of any unit renter which the Impact Fee Ordinance income level described in the Impact Fee Ordinance, then the per u�t— _ act fee on the non - compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever occurs first, the impact fees deferred shall be immediately repaid to the COUNTY. OWNER agrees that even though the impact fees may have been repaid to the COUNTY, the OWNER will continue to utilize the Dwelling Units for affordable housing for at least fifteen (15) years from the date the first certificate of occupancy was issued for a Dwelling Unit. Revised 03/06/06 (1342) 3 of 11 Packet Page -993- r AAA4 %A_ AFlAA 2/28/2012 Item 16.A.8. 6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to the Operational Support and Housing Department an Affidavit attesting to compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said Affidavit must be filed with the County Manager and is due within thirty (30) days of the anniversary date of the issuance of the first dwelling unit's certificate of occupancy. Any Dwelling Units monitored by the Florida Housing Finance Corporation or similarly monitored by any other state or federal agency 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 Operational Support and Housing Department. 7. LIEN. OWNER commencing on the effective dot constitute and be a lien in th4l amou f Hundred Forty-Five and 09/10 Dwelling Units which lien qiAy be- requirements of this Agreeme OWNER agree that by, and ink OWNER to the COUNTY as further ount of deferred impact fees, this Agreement and tin _ing until paid or released, will ���o 'Qne,Million our H drW and Three Thousand, Five lY s (l, .0 ejj PROJECT'S property and �rec n ev `fig.' f non - compliance with the ded that the O - i // ortgagor, the COUNTY and lion of, ayrcollateral being provided by the t tat� e n Tri -P arty Agreement by and among OWNER, COUNTY and PNC Bank, National Association, as escrow agent (in such capacity, "ESCROW AGENT"), dated as of even date herewith (the "Tri-Party Agreement "), that all of the COUNTY'S lien rights and any other interests arising under this Agreement are to be considered junior, inferior, and subordinate, in lien and payment, to each first mortgage on the PROJECT, including that certain Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing, dated as of June 16, 2005, by OWNER for the benefit of PNC Bank, National Association, as mortgagee (in such capacity, "MORTGAGEE") (the "PNC Mortgage "), and to the lien and payments secured by, and due under, the PNC Mortgage. Except as elsewhere noted in this Agreement, such lien shall be superior and paramount to the interest in the Dwelling Unit Revised 03/06/06 (1342) 4 of 11 Packet Page -994- 07 AAA ww 4"^M 2/28/2012 Item 16.A.8. 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. Thi 'A ded by OWNER at the expense of OWNER in the Official Recor Hier County, Florida thi sixty (60) days after execution of this Agreement by the Co ty e . 11. DEFAULT. alb a eement: A. if 0 to op rt rdance with the affordable housing stand d qualification t 'a `blished in the Impact Fee 11F, L Ordinance, and th 1 , ails to pay F fees due within thirty (30) days of mailing of written notiii pliance, 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. Notice to Owner shall Revised 03/06/06 (1342) 5 of 11 Packet Page -995- or nn. n. 4nAr 2/28/2012 Item 16.A.8. concurrently by provided to its limited partners and to ESCROW AGENT. (See attached notice information.) 12. REMEDIES. The following remedies are cumulative with any other right or remedy available b the COUNTY: A. Should the OWNER of the property: 1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or 2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OWNER to the County within thirty (30 _�tten notification of said violation. B. Should the efault of this Agreement, and the default is not c re 'thin ninety (90) day of mailing written notice to the OWNER, the NCO _m a civi action to eiforce the Agreement. C. In adiiti a 'liell $i a b ielo, or otherwise enforced by the COUNTY, b � on r sui n equw ng 4 reclosure of a mortgage on real property. OLJNTY shall ' , �n '� tl recover all fees and costs, including attorney lus inter �ttite statutory rate for judgments calculated on a calendar Notwithstanding anything in this Agreement to the contrary: (a) If a default or event of default occurs under this Agreement and is continuing, COUNTY agrees that without the prior written consent of MORTGAGEE, COUNTY will not commence foreclosure proceedings with respect to the property or exercise any other rights or remedies it may have against OW1 ER hereunder, at law or in equity, including, but not limited to, accelerating the indebtedness evidenced by this Agreement, appointing (or seeking the appointment of) a receiver or exercising any other rights or remedies hereunder unless and until it Revised 03/06/06 (1342) 6 of 11 Packet Page -996- AAA4 nn. 4rINr Or2/28/2012 Item 16.A.8. has given MORTGAGEE at least 30 days' prior written notice at the address set forth in the attached notice information; provided, however, that nothing herein shall prohibit COUNTY from receiving payments in accordance with the terms and conditions of the Tri-Party Agreement of amounts then - available, and interest thereafter earned on such amounts, in the escrow account maintained by ESCROW AGENT, pursuant to such Tri -Party Agreement; (b) OWNER agrees that upon the occurrence of a default or event of default under the PNC Mortgage, 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 limite act fees, interest, additional interest, late � . coo payment charges, default interestu interest, fees, or any other sums evidenced and secured by this (c) COUNTY from MORTGAGEE, with OWNER on amounts arisi payments under or pursuant to additional interest, late payment charges, :fin consent of MORTGAGEE; and i c efa It under the PNC Mortgage ng of to accept payments from and secur eb UNTY will not accept any Y nt (inclu of limited to, impact fees interest, -1 CA- ' a erest, statutory interest, attorney's fees, or any other sums evidenced and secured by this Agreement) without the written consent of MORTGAGEE; provided, however, that COUNTY may, in accordance with the terms and conditions of the Tri-Party Agreement, accept payments of amounts then - available, and interest thereafter earned on such amount, in the escrow account maintained by ESCROW AGENT pursuant to the Tri -Party Agreement. OWNER and COUNTY agree and acknowledge that PNC Bank, National Association, as MORTGAGEE, is an intended, third -party beneficiary of this Agreement. Revised 03/06/06 (1342) 7 of 11 Packet Page -997- ". IAAA RA ARAPR 2128/2012 Item 16.A.8. 13. As the amount of impact fees being deferred by this Agreement is an estimate based upon projected impacts which will not be precisely known until buildingpermits 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. Revised 03/06/06 (1342) 8 of 11 Packet Page -998- �AA4 9%#q- 4 nAA �r2/2 n 8/2012 Item 16.A.8. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. (2) Witnesses: OWNER: 0 t) n Crestview Park, Ltd. Print Name PAOL R fo rnh r,-) (c � Print Na!melowiel S C G i i 1 (CORPO TE SEAL) STATE OF 41ri °*q � cc) COUNTY OF The foregoing Agrees/ ennwas lclio _g d Lloyd J. Boggio, '/111 nna r r s of Crestview PIrk, L Ike t (t 9X_ c°rtr,�'�'uZASM—, Signature Bonded �� Florida Notar¢. f 7p tL C and President c. _day of March, 2006, by Park, LLC., general partner o me or has produced itification. taking acknowledgment Acknowledger Typed, Printed or Stamped Revised 03/06/06 (1342) 9 of 11 Packet Page -999- AA, or A �� ,^�� 2/28/2012 Item 16.A.8. COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ;MES V. MUDD COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this � day of March, 2006 by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. r' ,t MW A. oPF MY COMMISSION # DD 309746 EXPIRES: April 12,2W8 / -NOV x+40 itru Naery Pib�c Urgerwrilws /'0 s/ Ap ov a o and le g s c Jeffr A latzkow° Assis nt unty Attorney Revised 03/06/06 (1342) 10 of 11 Packet Page -1000- Typed, Pi'nted or Stamped Denton Baker, Director Operational Support and Housing AAA4 n. 4n Or 2 n ^A /28/2012 Item 16.A.8. NOTICE TO LIMITED PARTNERS OF OWNER ESCROW AGENT AND MORTGAGEE Columbia Housing SLP Corporation 121 S.W. Morrison, Suite #1300 Portland, OR 97204 Attn: Fund Manager Columbia Housing/PNC Institutional Fund XX Limited Partnership 121 S.W. Morrison, Suite 1300 Portland, OR 97204 Attn: Fund Manager PNC MultiFamily Capital Institutional Fund XXVIII Limited Partnership 121 S.W. Morrison, Suite 130 1g0 Portland, OR 97204 Attn: Fund Manager PNC Bank, National/Ass�cia 500 W. Jefferson Stret, t Louisville, KY 40202 Attn: Robert G. Co tTit Revised 03/06/06 (1342) 11 of 11 Packet Page -1001- AAAA -rn n _ 4M0%4 Or 2/28/2012 Item 16.A.8. Exhibit "A" CRESTVIEW PARK APARTMENTS LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN A PORTION OF TRACT 2 AND TRACT'S', ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, PAGES 94 THROUGH 111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF TRACT 2, ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 42, PAGES 94 THROUGH 1 i 1 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S.01'11'04"E., ALONG THE EAST LINE OF SAID TRACT 2, FOR A DISTANCE OF 1,215.43 FEET; THENCE RUN SAV 49'01"W., FOR A DISTANCE OF 129.76 FEET; THENCE RUN S.01010'MM., FOR A DISTANCE- OF-30 ,--00- FEET; THENCE RUN S.8r48`01"W., FOR A DISTANCE OF 56.73 FEET; TH GEtR 1� "' 46'Z6"W., FOR A DISTANCE OF 125.28 FEET; THENCE RU[343i/"Ilit;;A.DfSTANCE OF 121.50 FEET; THENCE RUN FOR A DISTANCE�OF. 231.23 FEET; THENCE RUN N.06"3170"W., FORA DISTANCE OF 287.41 FEETTO &POINT ON THE WEST LINE OF SAID TRACT 2 ' -N 1I.83M5'38'E., ALONG THE WEST LINE OF SAID TRACT 2, FOR A WS�`dF78.20,FEET; tHENCEtRUN N"40- 42 "E., ALONG THE WEST LINE OF SIMD tACt , ORA- DISTANCE:OF'165.43 FEET; THENCE RUN NAO- 03 -49M, A►L `THi WE8� Li1!lE DI D TRACT 2, FOR A DISTANCE OF 109.79 FEET; Rt�N'N.31 "i'�'6 T' ALONG I ME WEST LINE OF SAID TRACT 2, FOR Ai ft OF'1-.T$ 8'*.- ttiET; THEtiCE� I" N.OQ'30'S3"W., ALONG THE WEST LINE bf SAID TRACT 2, FOR A DISTANCE 0`01171.17 FEET; THENCE RUN N.36.1T17"W, ONG THE WEST LI 8/11D'ACT 2, FOR A DISTANCE OF 45.09 FEET; _ RUN N.74.48"13 L. ,WTHE WEST LINE OF SAID TRACT 2, FOR A DItf *0E OF 160.77 FEET; TMENCE", RUN N.01.11'04"W., FOR A DISTANCE OF 28640 FEE,ENCE RUN �7"581'E., FOR A DISTANCE OF S Tt1 248.90 FEET; THENCE RUN R1'OISTANCE OF 190.45 FEET TO A POINT ON THE EAST LINE OF fi1QT ARROWHEAD RESERVE AT LAKE TRAFFORD - PHASE ONE; THENCE RUN S.01'11'04 "E., ALONG THE EAST LINE OF SAID TRACT -W. FOR A DISTANCE OF 60.44 FEET TO THE POINT OF BEGINNING: CONTAINING 556,542.3 SQUARE FEET OR 12.776 ACRES, MORE OR LESS. Packet Page -1002- 0." . 0 2/28/2012 Item 16.A.8. Aro 1-: i.: . i -" - A, or "� cif � � :': : ................. . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aj —7-7 ; ly xt i W, T Cos Z ----------- ----------- -------------- 1 J, i Cc -;K rn I ! M Packet Page -1003- M X 0 0 z M X -A 0 2/28/2012 Item 16.A.8. Aro 1-: i.: . i -" - A, or "� cif � � :': : ................. . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Aj —7-7 ; ly xt i W, T Cos Z ----------- ----------- -------------- 1 J, i Cc -;K rn I ! M Packet Page -1003- M X 0 0 z M X Exhibit "C" Crestview Park Collier County Impact Fees Fee Rate Community Park $498.15 Regional Park $497.13 Library i X13 Road 43 . School 2 EMS $93.00 Correctional Facilities f" 117.98 Government Buildings $~i Total *Base on a square footage calculation Packet Page -1004- Unit 208 208 1 1;, 20� 208 Or2/28/2Ad An^ 012 ItemA16.A.8. Total $103,615.20 $103,403.04 $29,563.69 $922,896.00 $172,016.00 $19,344.00 $24,539.84 $28,167.23 $1,403,545.00 2/28/2012 Item 16.A.8. Official Receipt - Collier County Board of County Commissioners AW CDPR1103 - Official Receipt Trans Number I Date I Post Date Pa ment Slip Nbr 998199 11/31/2012 9:55:03 AM 11/31/2012 1 MS 245762 CRESTVIEW PARK LTD CRESTVIEW PARK Payor : CASH Fee Information Fee Code Description GL Account Amount Waived 09PDFM PARKS DEFERRAL PAYOFF M/F 34611636332410331346 $207018.24 09LBDFM LIBRARY DEFERRAL PAYOFF M/F 35515619032410331355 $29563.69 09DFM5 ROAD DEF PAYOFF M/F D5 33916365932410331339 $922896.00 08SBDM SCHOOL DEFERRAL PAYOFF M/F 11300000020905000000 $172016.00 09EDMF EMS DEFERRAL M/F PAYOFF 35014047032410331350 $19344.00 09JDFM JAIL DEFERRAL PAYOFF M/F 38111043032410331381 $245.39.84 09GBDFM GB DEFERRAL PAYOFF M/F 39012223132410331390 $28167.23 08W IRE WIRE TRANSFER 11300000011542000000 $- 1403545.00 i otal 4iu.uu Payments Payment Code I Account/Check Number Amount CASH $0. no Total Cash $0.00 Total Non -Cash $0.00 Total Paid $0.00 Memo: Crestview I - Impact Fee Rental Deferral Payoff - OR4001 PG1720 Cashier /location: EVELYNTRIMINO / 1 User: FLEISHMANPAULA Collier County Board of County Commissioners CD -Plus for Windows 95 /NT Packet Page -1005- Printed:1 /31 /2012 9:55:09 AM