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Agenda 09/13/2011 Item #16A139/13/2011 Item 16.A.13. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Release of Lien for the Tuscan Isle Apartments (formerly Saddlebrook Village Phase Ii) due to the impact fees being paid in full in accordance with the Agreement for 100 %Q Deferral of Collier County Impact Fees for Multi- Family Affordable Housing, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances and the executed Settlement Agreement between Creative Choice Homes, XIV, Ltd. and Collier County. OBJECTIVE: That the Board of County Commissioners (Board) approve and authorize the Chairman to sign a Release of Lien for the Tuscan Isle Apartments (formerly Saddlebrook Village Phase II) due to the impact fees being paid in full in accordance with the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(8) (5) of the Collier County Code of Laws and Ordinances (Code) and the executed Settlement Agreement between Creative Choice Homes, XIV, Ltd. and Collier County. 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 7, 2003, the Board of County Commissioners entered in to an Agreement for 100% Deferral of Collier County Impact Fees with Creative Choice Homes XIV, Ltd. for the development of the Saddlebrook Village Phase II affordable housing apartment complex (now known as Tuscan Isle). The Agreement was recorded and became a lien on the subject property on March 20, 2003, OR Book 3244, Page 1587. The amount of impact fees deferred under this Agreement totaled $2,170,855.04 which was further secured with a Tri -Party Agreement between the Bank of New York Trust Company of Florida, Collier County and Creative Choice Homes XIV, Ltd., with funds held solely on behalf of Collier County. The deferred impact fees became due and payable on December 7, 2009; however, on December 15, 2009, the Bank of New York advised the County that the investment yield from the Agreement totaled $2,127,384.42, leaving a $43,470.62 deficit. The $2,127,384.42 was received by the County and processed- on January 5, 2010. The Board authorized the County Attorney to file suit to pursue the delinquent impact fees on April 27, 2010 (Item 16A7 — attached). The County was subsequently approached by counsel for Creative Choice who offered to make monthly payments for one year in order to pay the delinquent amount of $43,470.62. Packet Page -1442- /10'�. 9/13/2011 Item 16.A.13. On July 27, 2010 a Settlement Agreement was approved by the Board, which outlined the terms and conditions of the monthly payments. The final payment was processed on July 11, 2011. Therefore, in accordance with Section 74- 401(8) (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 for the subject property. FISCAL IMPACT: Impact Fees have been paid and deposited in the respective Impact Fee Trust Funds in the following amounts Impact Fee Amount Paid Community Parks $143,958 EMS 27,714 Jail 35,158.04 Library 63,772 Regional Parks 143,660 Road (District 2) 539,678 School 246,446 Sewer 470,995" Water 499,474 TOTAL $2,170,855.04 As discussed above, $2,127,384.42 was paid on January 5, 2010 and the balance of $43,470.62 was paid in equal monthly payments from August 2010 to July 2011. Upon payment, such funds became available to provide funding for growth- related capital improvements. GROWTH MANAGEMENT IMPACT: Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will bear a proportionate cost of facility improvements necessitated by growth." Additionally, Policy 1.4 of the Housing Element of the Collier County Growth Management Plan states: "Collier County shall seek to distribute affordable- workforce housing equitably throughout the county where adequate 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: The County Attorney prepared the proposed Release of Lien, which is legally sufficient for Board action. This is a regular agenda item requiring a majority vote. -STW Packet Page -1443- 9/13/2011 Item 16.A.13. RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign a Release of Lien for the Tuscan Isle Apartments (formerly Saddlebrook Village Phase II) due to the impact fees being paid in full in accordance with the Multi - family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances and the executed Settlement Agreement between Creative Choice Homes, XIV, Ltd. and Collier County. 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) Settlement Agreement 4) Official Receipt- Final Payment Packet Page -1444- 9/13/2011 Item ,16.A.13. COLLIER COUNTY Board of County Commissioners Item Number. 16.A.13. Item Summary: Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Release of Lien for the Tuscan Isle Apartments (formerly Saddlebrook Village Phase 11) due to the impact fees being paid in full in accordance with the Agreement for 100% Deferral of Collier County Impact Fees for Multi - Family Affordable Housing, as set forth by Section 74- 401(e) and 74- 401 (8) (5) of the Collier County Code of Laws and Ordinances and the executed Settlement Agreement between` Creative Choice Homes, XIV, Ltd. and Collier County: Meeting Date: 9/13/2011 Prepared By Name: PattersonAmy Title: Manager - Impact Fees & EDC,Business Management& 8/18/20119:44:34 AM �1 Approved By Name: PuigJudy Title: Operations Analyst, CDES Date`. 8/18/201 10:41:22 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 8/18/20112:09:06 PM Flame: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 8/19/20118:24:40 AM Name: WilliamsSteven Title: Assistant County Attorney ,County Attorney Date: 8/24/2011 11:52:32 A1v1 Name KlatzkowJeff Title: County Attorney, Packet Page -1445- 9/13/2011 Item 16.A.13. Date: 8/25/20113:28:58 PM Name: UsherS.usan Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/1/2011 1:28 :18 PM Name: SheffieldMichael Title: Manager - Business Operations, CMO Date: 9/2/20119:47:39 AM �1 �1 Packet Page -1446- This instrument prepared br Amy Patterson Collier County Growth Management Division 2800 North Horseshoe Dive Naples, Florida 34104 (239) 252 -5721 RELEASE OF LIEN 9/13/2011 Item 16.A.13. 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 Creative Choice Homes, XiV, Ltd. to Collier County, executed on March 7, 2003 and recorded on March 20, 2003 in Official Records Book 3244, Page 1587, of the Public Records of Collier County, Florida, hereby does release from lien the real property described in Exhibit "A" (attached), owned by Creative Choice Homes, XIV, 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 , 20011. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: As s4 .County Attorney By: FRED W. COYLE, Chairman Packet Page -1447- 9/13/2011 Item 16.A.13. LEGAL DESORF110N LYING N SECTION 34, TOWNSHIP 49 SOUK RANGE 26 FAST. O01 = COUNTY flARIM. (PROPOSED SADOLEBROOK P ASE TT9'O) A wiff co f wn Ir tAIO ww= N wt STAtE or ROaeA, aourrrar eonefea. C7eM w SCCADN U. IOIw6f! M 71011M. 11t11Cd SI rAST. MID Me IItaS MRIRNLY oroc L Ali F1IYge$ As From= W I " - "coo v% a wte =fiw St t%= or ao- ', ..% toa 4i axw l"a Now. Or ettl = o0 ff. 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FOR 3" 16R vc= am so mw or Set; Lortrum POD imn km . r4M iVw* im ttlDlw er ow. sAC2rie1 . roR 1Amw mm Aelex fAar3r3rr. foe ar4.74 "X% I W=w fewnrshs, net Dom MM we= ousa wmv "a ow am Tm on or -A zW ril L ==!A WK To tte 1LFT "Ww A WM 0175A FW MOM A CF MML w=E or 4$oW AO m3o 2001M W A MM MIN MW LUIMM M PAD rots 11RJICF Lown m M am PIER 1NDIL! LWSSWT. }W t4lm RR; um sonr 4A- FOR ON FW TO TW NOW MW it NY W WA a aaWaDs URIC! NATO lK SAIL fl m am of w Ni srn w. to o4j3 %FLT to Tmc rw A YECOwiL ebl/Rl M 04. Sit - 52M FMr dt SM AML NOW OR TESL Ot74I M AMC MOO ON t1R OR tat£ OF VW SOIIaI W OWAM (S[t /4) OF SCCOON 34. MW WV 49 S MAK W ME 76 WL emtetot attuar. FLOW As WO fIAPZ WL &AN autlRtM MID t #PW sm ffa0a mOeQ.lm ow an 270 ti4frv� 0t Ma 34104 PLO MM e>f mxsq Oi tam Lsl am • dQF_EfI.aA�f lICR vlen %Nrss rtw�.san cols ws r�ess�rn+s ess 1 AA -WL-J., THOMAS ECKERTY- 01 -0191 I= 1 • w Packet Page -1448- t Ww" ys tW G wn10 Al-11" Ar't CAW Cty. ANly. 3301 Trim Tra &a Napu nmiti 3148955 ^"• 'q" ""- 4rA% is at 9/13/2011 Item 16.A.13. /2121/2142 at 0:41Y MOR 1. un, CL111 -- Be M S1.N Cain 11.0 Nita: tflNICII<i AWI i INSIX kTN: UM 11401412 -22211 This opee for mores AGREEMENT FOR 100•x. DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR MULTI- FAMELY AFFORDABLE HOUSING This Agreement for the Deferral of Impact Fees is entered into this 744 day of r 200_1 by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, herein aftec- efwed..tjo� as "COUNTY," and Creative Choice Homes, XIV, Ltd., hereinafter referr `as "OWNER, "` stated as the "Parties." CA `]EC'i3'ALS: WHEREAS, Collieri County Ordinances 0E-300 .1, tiie Collier County Consolidated Impact Fee Ordinance, as it may be further amended7ifrom time Rai time, hereinafter collectively referred to as "Impact Fee Ordigi ice," provides for the defe`rr of impact fees for new multi- family, family, rental dwelling nits which" uoilE " ` ' g q fy affordable housing; and WHEREAS, John F. Weir, Senior V►ce-Presi ent of Creative Choice Homes, XIV, Ltd.; and WHEREAS, Creative Choice Homes, MV, Ltd., has applied for a deferral of impact fees as required by the Impact Fee Ordinance for its Saddlebrook Village, Phase 2, hereinafter referred to as "PROJECT," and a copy of said application is on file in the Financial Administration & 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 1 of 8 Packet Page -1449- ( 9/13/2011 Item 16.A.13. 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 defeFrai in the amount of Two Million One Hundred Seventy Thousand Eight Hundred Fifty -Five and 04/100 (2,170,855.04) for six years and nine months from the date of the execution of this agreement for the PROJECT; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY; and WHEREAS, pursuant to Section 74 -201 E. l.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and,Ardi0 _ fib' P mty Manager is authorized to execute certain Impact Fee Deferral Agr�s on behalf of the COI NTY; and WHEREAS, by signing this.' en , he• ounty Manager will approve a deferral of impact fees for OWNER in support,of,cF4fing i%r is e Iousmg. NOW, THEREFORE`, in consideration of thg.,foregoing/Recitals and other good and valuable consideration, the receipt acid sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows a b� �- _k. 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 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 Packet Page -1450- /1—Ne 19/13/2011 Item 16.A.13. U impact fees will be deferred for six (6) years and nine months from the date of the impact fees being due and payable. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: A. Each Dwelling Unit will, during the term of the Agreement, be the permanent residence of a qualifying occupant/tenant. B. At the commencement of any leasehold and throughout the duration thereof, the households renting Dwelling Units must have a very low or low income level, as those terms are defined in the Impact Fee Ordinance; and the household's monthly.- itinfl„� �w hin the affordable housing guidelines established in the`�,cact Fee Ordinance C. Each from the dat¢ its S. rents a Dwelling Unit Unit to a subsequent renter, meeting the qualifying criteria set to the Unit shall be re- ,rentei for at least fifteen (15) years 'AYMENT. If OWNER then re-rents that Dwelling only to persons or households Ordinance. If the income of any unit renter which originally qualified as very low or low income level as defined in the Impact Fee Ordinance increases by more than forty percent (40 %) above the maximum low income level described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non- compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the guidelines, upon the discontinuance of use of a Dwelling Unit as affordable housing, or six years and nine months 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 Packet Page -1451- C 9/13/2011 Item 16.A.13. Dwelling Units for affordable housing for at least fifteen (15) years from the date the first certificate of occupancy was issued for a Dwelling Unit. 6. ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to the Financial Administration & 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.' 7. LIEN. OWNED `b8 frees that the do commencing on the constitute and be a lien in'the Hundred Fifty -Five and 04/'100 `, (2;L- 3b,85S:04) which lien may be foreclosed upon in the event of Agreement. Provided that the OWIiER is the mortl by, and in consideration of, a security cojlhifal heir co t of deferred impact fees, S until paid or released, will red Seventy Thousand Eight property and Dwelling Units with the requirements of this TTY and OWNER agree that by the OWNER to the COUNTY, that all of the COUNTY'S lien rights and any other interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the PROJECT. 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. B. 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. Packet Page -1452- 01.9/13/2011 Item 16.A.13. 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. 11. DEFAULT. OWNER shall be in default of this Agreement: A. if OWNER fails to rent t the property in accordance with the affordable housing standards an N94 a .c kena established in the Impact Fee Ordinance, and ftheseafter, fails to pay the impact fees due within thirty (30) days s of mailing of "tte�1 dfi of s non 'compliance, p B. if OWNE continues to violat o4 of he of 6rdable housing qualification . E � i r criteria in they +,Itnipact Fee 4r�narib r a period of fifteen (15) days after mailing of written notice .gf'such violation, or = C. with respect tc. the Annual Report, once a fifteen (15) day grace period from the date of the repoii,' due has expired, the OWNER will thereafter be in default. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: A. Should the OWNER of the property: 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) days of written notification of said violation. Packet Page -1453- 01 9/13/2011 Item 16.A.13. 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, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 13. (OWNER will be r and beyond the amount of this the deferred impact fees due ar z� IN WITNESS WH1EF 't ; year first above written:: (2) Witnesses: (The amount of fees which may be due above shall likewise be reduced if on the date and Creative Choice Homes, XIIV, Ltd. By: a_4� V ZA,%- John F Weir, Senior Vice President of Creative Choice Homes XIV, Inc., its WTS 1 si General Partner Print Name �V ��'S �_ /P "-- WTS 2 sign: Print Name (CORPORATE SEAL) Packet Page -1454- 9/13/2011 Item 16.A.13. STATE OF FLO A pp COUNTY OF Th regoing Agreement was acknowledged before me this day of k a 1 - � 200 t y John F. Weir, as Senior Vice President of Creative Choke Homes, XIV, Inc., the er4l Partner of Creative Choice Homes MV, Ltd.. He is perso y �n to me or h oduced (type of identification) as identification. Signre of person takin cnowledgment Name of Acknowledger Typed, Printed or Stamped 4r�s, .is is goo " s ti 1. Packet Page -1455- ( 9/13/2011 Item 16.A.13. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: L� JONES V. MUDD, COUNTY MANAGER STATE OF FLORIDA COUNTY OF er The foregoing Agreement was acknowledged before me this ,a[�Iay of 11A 200, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personalty known to me or has produced (type of identification) as identification. Lauren J. Beard Signature of personvifig acknowled nt DD1590 .— -� : Commission N —tea ;y. V Expires: Oct 24, 2006 !_3 _ E� (1f ' °: A. , w r: Banded 7tw d Atlantic Bonding Co.. Inc. Name of Acknowledger Typed, Printed or Stamped proved as to form!and. %d`_ �"�� Approval Reco ded le su ci cy: I . � � i Patrick G. White Denton Baker, Director of Assistant County Attorney "; 3 Financial Administration and Housing Packet Page -1456- Exhibit «A" 9/13/2011 Item 16.A.13. LEGAL DESCRIPTION LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. (PROPOSED SADDLEBROOK PHASE TWO) A TRACT OR PARCEL Of LAND 6 EM. M THE STATE Or FLOMDA COUNTY OF COLLIER, LYING IN SMTION 34. TOWNSHIIP 4/ SOVTN, RANGE ii EAST. AND BEING MORE PA"MARLY VCSCIINK7 AS FOLLOWS: AS PROVIDED BY OWNER: M[ WEST 1/2 or ng SOUT'*Mt 1/2 Or SECTION 34, TOWNSHIP 4t SOI/M, RNNGE 26 CAST. OP COLLIEw COUNh, rLDIMDA, LESS THE SOUTH 50' FOR DAVIS BOLAYARO (STATE ROAD 14) 100.00 FOOT RR.Or CO -WAY AND i►IE EAST 726 FEET OF 111E SAKI WEST 1/1 AND LESS AM txcM THE K-rMATE 75 (1-75) (STATE ROAD N0. 93) WIGHT -OF -WAY RErERENCE STATE OF FLORIDA DEPARTMENT OF MWSPORTATION SECTION D3173 -2406 SNEET s OF 10. BEINC MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMEHCNG At TK SOUTHWEST CORNER sWTWAV Or TK SOUTHEAST OUARrER (SEI /4) X SAID SECTION 34; FEET TO NORM MONT OOrr WAY a OAAVS SAID tYMO ALSO KING ON 3t.AS W2 E., .00 FOR 0LNEII PRIM SPRING KQIJ LOW ONE AS RECORDED IN PLAT BOON 6. PAGE 21 -23 of THE IIFFICk RECORDS or COLLIER COUNTY FLORIDA, AND THE POINT Or SEM�DOW: TKNCE COMM KONG THE WEST LINE OF {q FEET TO THE NDRTHWEV CORNER Or,. THE Z" OUT►EAST (Sf1 /4), N0021'26'E FOR 2.S74.S4 IK SOUTHERLY RK,'MT or RAY UK AF o " (W114) OF SAID SECTOIN 34, ALSO BEINC DEPARTMENT OF rLANSioRtATION' MM�Oi SUCTION 031 -2i .�RQAD..13) iER THE STATE OF FLORIpiI THENCE ALONG SAID RIGHT of .MAK .Sxt14'1sE. FOq S-24 FEiT� �� t0 THENCE KONG SAD RIGHT OF W, f.� 12'J�E., MR II S-06 FEET; THENCE LEAVING SAID RICMT OF WAY. S.00.21'3C W., root 1.2W.07 FELT; THENCE N.6#35'34'W., "m 374114 THENCE N.4415'34'W., FOR 94,i/0 FEETt�as THENCE S.02176'W t* )FOR O3.93 FEET TO A POW �TURE; THENCE SOUTHIWESTERyt 5610 NTIA� R CURS 10 THE LEFT NANNG A RAORIS or 75.00 FEET TrHIHp1iCN'A V�Qi1 WHICH DEARS S 2r54'26'W 06R S7 4D M EET; WG A B_ 1#4" 1aIBTENDED BY A 0401Mp THENCE S.00'24 2s'w FOR p0s.0/ THENCE S.14'33 5C[ , FDR TS10 , R r w THENCE 5AL S'lw.iFOR s0.I2..EEET TO THE�•No�TM °RKi'r OF WAY ()Aye ( ,ARO; L J THENCE K01/0 THE SARI^NORM RASH or WAY. N.swultQ" fT rPOR K33 FEEL LD 1THE roxY1 Or 6EGINTYING. CONTAINING 861.161 S 1A , i r OUATtE FEET OR 20.32 ACRES. MORE OR LE55 PARCEL DEED, T 10 EASEAFENIf REST(IICTpNS, RESERVAfloNS AND RIGHT (RECORDED AND uNR[CORD[D. WRRTEN AND IRHWMTTENI: KAR'NGS ARE MUD ON THE WEST LINE OF SOUTH. RANGE 26 EAST, COLLIER COUNTY. R SOUTHEASTTH (SEI �_6E1!!f.•�R:Off 21'26' E. RWA SURYEtK. MC. HIND SURVEYORS AND MAPPERs 5050 NORTH NORSESHOC NK Sun 270 NAPLES. FLORIDA 34104 (941) •49-1571 F1.oR1111. CERtD7CAV Or ji152 OAtt o ?/1]/04 REF. 01 -Dt y I -per 2 -12 -02 � INC PC,%,. T T J. 31110NnNNnow DAN; asAm 74M�HItM •. MQ 6N! AwwvA- ftew0l4 te+rR.w..snweaaA /4) EF SECTION 34, TOMSHIV 41 2/12/b2 CUENT: THOMAS ECKERTY X. +JJH TIT`E` EEGAE DESCRIPTION .. SADDLEBROOK VILLAGE PHASE TW +.. -In _- ..... , n) —n I q t S1EET nu ,Len .. ta+..p. r Packet Page - 1457 -R. I Lai N 4s ADf b $--a t.17 �a �3A � w I foils this filif ii i :z f.. fs I I! s:xirai f t� �Y�i!• �R�RtitiitlR:fl 119 Y�i ..- ...... :4 Exhibit "B" oft. SIJiA BA. icec ' 9/13/2011 Item 16.A.13. - wen - =- 5 I ' � r—�✓I I 1 � t I 1 e ti - - — — L Ei E Of WK ... I I C � II 1 - - - -- -- E -, -�i=- - - - - -- Y �f -t ! IF r ; # c c I 14.z lit f c4 It Packet Page -1458- VIII MONO Fee Community Park Community Park Regional Park Regional Park Library Road School EMS Jail Water Sewer Total * ** 019/13/2011 Item 16.A.13. Exhibit "C" Saddlebrook Village Phase 2 Collier County Impact Fees Rate Unit Total $471.00 238 $112,098.00 $531.00 60 $31,860.00 '` 38 $111,860.00 P�` f 64 $31,800.00 571 $214.98 $63,772.00 F i IA $1,811.00 1 298 $539,678.00 $827.00 298` $246,446.00 $93'.60`_s 298 $27,714.00 $117.98 298 $35,158.04 n/a 6" meter $470,995.00 n/a 6" meter $499,474.00 $2,170,855.04 Packet Page -1459- 9/13/2011 Item 16.A.13. 16K,2 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this 27 of -7—"1y , 2010, by and between Creative Choice Homes XIV, LTD. ( "Creative Choice ") and Collier County, Florida, a political subdivision of the State of Florida (the "County "). WHEREAS, Creative Choice is the owner of the premises described in Exhibit A attached hereto located within the unincorporated area of Collier County, Florida, within which it operates a residential subdivision known currently as "Tuscan Isle;" and WHEREAS, Creative Choice and the County entered into an Agreement on March 7, 2003, allowing Creative Choice to defer payment of its impact fees to the County; and WHEREAS, the County brought suit against Creative Choice (Board of County Commissioners v. Creative Choice Homes XIV, Ltd., et al., 10- 3308 -CA) now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida, as Creative Choice's payment of its impact fees from an investment with Co- Defendant, The Bank of New York Trust Company of Florida, N.A., fell $43,470.62 dollars short of fulfilling its obligation under the Agreement; and WHEREAS, the remaining named Defendants in this action are believed to have an interest in the property described in Exhibit A and said interests will remain unaffected by this Agreement; and WHEREAS, the County asserts that it is also entitled to a delinquency assessment of 10% of the remaining balance; and WHEREAS, the County asserts that it is entitled to the payment of its reasonable attorney's fees and costs in this matter; and WHEREAS, the County acknowledges that Tuscan Isle provides a valuable community service by providing affordable housing to the residents of Collier County; and WHEREAS, the parties agree that Creative Choice will pay Collier County the unpaid impact fee balance of $43,470.62; and WHEREAS, the County agrees to accept the $43,470.62 in the form of 12 equal payments of $3,622.55 due and payable on the 8t' of each month, with the first payment due August 8, 2010; and WHEREAS the parties agree that there will be no late payment penalties or interest due upon the $43,470.62 and each party shall bear their own attorney's fees. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises (the receipt and sufficiency of such consideration being acknowledged by all parties), the parties agree as follows: Profaw: 72489 Packet Page -1460- 9/13/2011 Item 16.A.13. 16K 2 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Denial of Liability. No party is admitting wrongdoing, fault, or liability of any nature by entering into this Agreement. 3. Attorneys' Fees. All parties shall pay their own attorneys' fees and costs associated with this matter. 4. Judgment via Affidavit. Creative Choice agrees that, in the event a single payment is missed or late to the County, the County may obtain a Judgment pursuant to the Complaint filed in Collier County Case No. 10- 3308 -CA against Creative Choice by the filing of a sworn affidavit from the County's Impact Fee Coordinator, Amy Patterson, or her designee, stating that Creative Choice has failed to make a timely payment. Any Judgment obtained pursuant to this provision shall include a 10% delinquency provision and shall include attorney's fees and costs to be assessed against Creative Choice. 5. Execution of Other Documents. The parties agree that they will execute any other documents as are necessary to effectuate or carry out the intent of this Agreement. 6. Governing; Law and Venue. This Agreement and all other documents executed in connection with this Agreement shall be governed by and interpreted under Florida law. The sole and exclusive venue for any .litigation between the parties arising out of or related to this Agreement or any documents executed in connection with this Agreement shall be in the Circuit Court in and for Collier County, Florida. 7. Enforceability. In the event that any provision of this Agreement is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions, in whole or in part, shall continue to be enforceable to the greatest extent allowed by law and to the same extent as if the void or unenforceable provision were omitted from this Agreement. 8. Entire Settlement Agreement. This Agreement contains the entire agreement between the parties and all prior or contemporaneous negotiations or representations are merged into this Agreement. This Agreement may not be amended or modified except in a written document signed by the parties. 9. Execution. Creative Choice shall execute this Agreement prior to it being submitted for approval by the Board of County Commissioners. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Agreement. Creative Choice shall pay all costs of recording this Agreement. The County shall provide a copy of the recorded document to the Developer upon request. 10. Applicability. This Agreement shall be binding on Creative Choice's successors, heirs, and assigns. Prolaw: 72489 - 2 Packet Page -1461- IMI 9/13/2011 Item 16.A.13. 16K 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first above written. Attest: `r,'; ": �±p DWIWr9. BR , Clerk 0si' AV DRAWlerk ,V tl, Signed, sealed and delivered in the presence of: i ature �Yczk er Co r., Prmted,Naam, Signature Sf Kc �: G cycv Printed Name STATE OF FLORIDA COUNTY OF PALM BEACH BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B ` Y• FRED W. COYLE, Chairman CREATICE CHOICE HOMES XIV, LTD., a Florida limited partnership By: Creative Choice Homes XIV, Inc., a Florida corpomtio eneral partner By: Yashpal YAkkar, as Presi ent The foregoing instrument was acknowledged before me this 2 day of June, 2010, by Yashpal Kakkar, as President of CREATIVE CHOICE HOMES XIV, NC., general partner of CREATIVE CHOICE HOMES XIV, LTP:;-wh6 s —personally known tom r has produced as identification. so" MUNN _ Ndw Pw6s • sots of row otary Public ano M1 Comm . E*M AW s. 2013 Print Name: Commission # DD 914314 kMW nM* W1WW �ry /usn My Commission Expires: Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Prolaw: 72489 Packet Page -1462- � 9/13/2011 Item 16.A.13. Packet Page -1463- 9/13/2011 Item 16.A.13. Official Receipt - Collier County Board of County Commissioners '~ CDPR1103 - Official Receipt Trans Number I Date Post Date Payment Slip Nbr 987144 17/11/20119:47:11 AM 7/11 /2011 MS 242711 CREATIVE CHOICE HOMES SADDLEBROOK II/TUSCAN ISLES Payor ; TUSCAN ISLE APARTMENTS Fee Information Fee Code Description GL Account Amount Waived 09DFM2 ROAD DEF PAYOFF M/F D2 33316365332410331333 $900.71 09EDMF EMS DEFERRAL M/F PAYOFF 35014047032410331350 $46.21' 09JDFM JAIL DEFERRAL PAYOFF M/F 38111043032410331381 $58.66 09LBDFM LIBRARY DEFERRAL PAYOFF M/F 35515619032410331355 $106.39 42WSRS WATER IMPACT FEES RESIDENTIAL 41127351132410131411 $785.95 42SSRS SEWER IMPACT FEES RESIDENTIAL 41326361332410131413 $833:51 09PDFM PARKS DEFERRAL PAYOFF M/F 34611636332410331346 $479,89 08SBDM SCHOOL DEFERRAL PAYOFF M/F 11300000020905000000 $411:25' I ULM I .yJ000.:J/ Payments Payment Code Account/Check Number Amount CHECK 279 $3622.55. CASH $0`:02 Total Cash I $0:02 Total Non -Cash 1 $3622.55 Total Paid $3622.57 Memo: Partial deferral payoff (OR3244 PG1587) per Settlement Agreement approved by BCC 7/27/10 Item 16K2 Saddlebrook II - Heron Cove Apts - Tuscan Isles. Payment 12 of 12. Final Payment. Cashiernocation: CORZO_M / 1 User. FLEISHMANPAULA Collier County Board of County Commissioners Printed:7 /11/2011 9:47:46 AM CD -Plus for Windows 95 /NT Packet Page -1464- DATE:07/06/2011 CK#:279 TOTAL:$3,622.55 -"' BANK-Tuscan Isle ENT OP(tuscneop) PAYEE:Coliier Cnty Board Of Cnty Commissioners(coilcnty) Property Account Invoice - Date Description ^� 070111 - 07/01/2011 IMPACT FEE 9/13/2011 Item 16.A.13. Amount 3,622.55 3,622.55 —711 7 ��- -_- THE FACE OF THIS DOCUMENT HAS A COLORED BACKGROUND ON WHITE PAPER Tuscan Isle Apartments Enterprise Bank 8630 Weir Drive VOID AFTFR 90 DAYS 8865 North Bldg D Traii Nap /es, FL 34M4 Palm Se Bldg d Palm Beach Gardena, FL 33410 � DATE CHECK NO. AMOUNT 07/06/2011 279 $3,622.55' Pay: `THREE THOUSAND SIX HUNDRED TWENTY TWO AND 55/100 DOLLARS i r Collier Cntv Board Of Cnty Commissioners 1 r THE 2800 N Horseshoe 101 �.. - .R ©ER OF Naples, FL 34104 w - '+- TF e BACK OF TI-ItS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK —HOLD AT AN ANGL TO VIEW Packet Page -1465- 9/13/2011 Item 16.A.13. Miscellaneous Payment Slip CDPR1108 - Miscellaneous Payment Slip PAYMENT SLIP NBR: MS - 242711 ACCT NBR: OWNER SITE ADDRESS CREATIVE CHOICE HOMES SADDLEBROOK II /TUSCAN ISLES STATUS SUBDIVISION BLOCK LOT UNIT RANGE - TWNSHP -SECT RATE CLASS SEWER UNITS WATER UNITS METER SIZE NEW OR EXISTIN MEMO Partial deferral payoff (OR3244 PG1587) per Settlement Agreement approved by BCC 7/27/10 Item 16K2 Saddlebrook II - Heron Cove Apts - Tuscan Isles. Payment 12 of 12. Final Payment. USER FLEISHMANPAULA FEE CODE DESCRIPTION WAIVED AMOUNT DUE 09DFM2 ROAD DEF PAYOFF M/F D2 N 900.71 09EDMF EMS DEFERRAL M/F PAYOFF N 46.21 09JDFM JAIL DEFERRAL PAYOFF M/F N 58.66 09LBDFM LIBRARY DEFERRAL PAYOFF M/F N 106.39 42WSRS WATER IMPACT FEES RESIDENTIAL N 785.95 42SSRS SEWER IMPACT FEES RESIDENTIAL N 833.51 09PDFM PARKS DEFERRAL PAYOFF M/F N 479.89 08SBDM SCHOOL DEFERRAL PAYOFF M/F N 411.25 TOTAL DUE $3,622.57 Collier County CD -plus for Windows 95/98/NT Printed on 7/11/2011 9:44:43AM Page 1 of 1 Packet Page -1466-