Agenda 10/25/2011 Item #16A13/1
1025/2011 Item 15.A.13.
Baommeutlstlda M approve and nihorltt Me Chairmen M AM a &MAgandoe a Ida for the
Sommer Iakell awgtaes Phase Apmdams Pastor B due M the impact f being prod M fad M
xordaoa td0 the Mold -lemib eaW IOOP t Fx Ileeml PraIVau,aseCfondbySseiw74-
4o1(e)astd 744M(g)(5) Olden Cadger County Cotle m l Bred ardiroueea
OBJECrf": i dw Baad of Comty COmm193100ers (Bound) approves and authorizes the
Chairman M sign a Satisfaction of Lim for Me Snrcmer 1. akea/Saw®ass ltines Apartments Plerae
B due M the mryact fees being paid in full is accon'Mvice wind the Mdd -6mBy Bernal Impact
Fm Defamed Program, as set forth by Sadon 74401(a) rod 74401(g) (5) of Me Collier Cowry
Code of Laws and Orduunces (Code).
CO_: RATION : The Mdti- family R Osi Impact Fee Deferral Program was edgioAly
adopted by the Board on December 12, 1992. The prepare muready provides a d arraj of
impact fns for a period of Me yeah for qualified affordable rental pmjaces. This dmefmme ha
previously been extaaded from a au year taw M As Years and nine moleft M the curtest term of
tea yens. The Program is barred M very low or low income householder Tie unit most be the
houaehold's Permmeat revdena stool the had oflmwehold notes be a legal resideut or citima of
the Unitas Sam. Rental limits may not exceal the renal Moira eetabliahed by Fluids Howing
Finsvice Corpo:adw. The program is limited M 225 MAN Per year, including any qualifying
n Community Worldmee Housing lwovetion Pilot Progrom(CW )wits
Cho September 6, 2005 a DeMne] Agreement; in the amount of $2,'139,611.93 wua executed
betwxeu Collier Cmnty (County) dead Sommer Lakes APAmMusts 4 Lnd. (Owner) forPhee B of
the Sommer Lakes Apartments, also brown a Sawgrass pine B. The dermal agreement shod
in Ism of she hnpect fees otherwise due for the subject mvmaction of 276 affordable radap
derailing aim The dermal was Assured with a Td -Party Agremdenr betwtxo Me Owner, rice
Cawty and Wells Fargo Bark. A mrtesponding Has was also placed on the property or the
Moms Of the defrsal agreemua. I1ce Deferral Agreement prevtded fun a six -year deferral turn
dad fie Funding Agreement Palmed M the Tri -Party Agre ®cat provided for a Maturity date of
October 3, 2011. Therefore, is xcondance with there mpdremmM, th County respec red
O Mme Of ME sPadiOd foods on Ocmher 4, 2011.
r-�
On October 12, 2011, the impact fees were paid is fdl, in the amount of $2,739,611.93. M
accordance wiWS 0074.401(9)(5)ofthe Cade, staff and the County Adomey have prepared
a Satisfaction of Um fm approval by the Bound and signature, by the Cheirmw. The docmtmt
Will be recorded in the public records of Collier County.
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10/25/2011 Item 16.A.13.
^ FISCAL IMPACT: Impact Fees have been paid and deposited in the respective Impact Fee
Trust Funds in the following amounts:
Im ad Fee
Amount Paid'
Communi Parks
$154,266,60
EMS
25,668.00
Government Bulletin
37,473,28
Jail
32,562.48
Libra
46,395.49
Re 'onal Parks
153 985,08
Road Distinct
1,232,06400
School
228,252.00
Sewer
388,755.00
Water
440,190.00
TOTAL
$2,939,611.93 I
Open payment, such funds became available to provide funding forgrowth - related capital
improvements.
GROWTH MANAGEMENT IMPACT Objective 2 of the Capital Improvement Element
(CIE) of the Collier County Growth Management Plan (GMP) slates: "Future development will
^ bear a propartionave costo/fadlty improvements necessitated by growth .°
Additionally, Policy L4 of the Housing Element of the Collier County Growth Management Plan
slates: " Culler Cony shall seek to distribute affordable -rvor ce housing equitably
throughout the county where adequate in¢anructure and services are available, programs and
strategies to encourage agbrdable-morsp ere hauling development may Include, but are not
limited m, density by right within the tmmobalee Urban area and other density bonus provisions.
Impact fee d S als, 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 Counts Attorney prepared the proposed Release of Lien,
which is legally sufficient for Based action. This Item requires m jorhy vale for approval. -JAK
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10/25/2011 Item 16.A.13.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to sign a Satisfaction of Gen for the Summer f akesiSawgrass Pines Apartments
Phase II doe to the impact fees being paid in toll in accordance with the Multi - family Rental
Impact Fee Deferral Program, as set Pons by Section 744(D (a) and 94-601(g) (5) of the Collier
County Code of Laws and Ordinances.
Prepared by: Amy Patterso , Impact Fee and Economic Development Manager
Growth Management Division — Planning and Regulation
Attachments:
1) Proposed Release of Lien
2) Defend Aineement
3) Wire Confirmation
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10/25/2011 Item 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13.
Item Summary: Recommendation to approve and authorize the Chairman to sign,a
Satisfaction of Lien for the Summer Lakes /Sawgrass Pines Apartments 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- 401le) and 74- 401(5 ) Of the Collier County Code of Laws
and Ordinances.
Meeting Date: 10/25/2011
Prepared By
Name: Pamras mr
Tide'. Manager -Impact Fees & EDC,BusinessManagement &
10/121011431:17 PM
Approved By
Name: Ful ludy
Title: Operations Analyst, CDPS
Date 10/132011 837.10 AM
Name'. Marcellaleame
Title: Exaotive Secretary,Transtmun ion Planning
Dale. 10/138011 9:14:06 AM
Name'. FederNormao
Title: Administrator - Growth Management Div,Transpnnati
Date. 10/13/201132928 PM
Name: KlaukowJeff
Title: County Aoamey,
Date: 10 /14/2011 11:59 1 7 AM
Name: UsheSusan
Title: ManagemenUBudget AOalyst, Sen onOffice of Mange
Date.. 10/17/2011 836:37 AM
.Name: lieeci modark
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10125/2011 Item 16.A.13.
Title. Direcw[ -COT Financial and Mgmt SVS.CMO
Data'. 10/17 20119 0 53 AM
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ieo�. c�'ae.mna.a®a„piwme
pwimxm 34m4 i+vi1 a
RELEASE OF LIEN
10/2512011 Item 16.A.11
KNOWN ALL MEN BY THESE PRESENTS: That Cn1En Coeuty, whole pnn once shomm
is 3301 EM Temieml Trail, Naple4 Florida, 34112, me Osmwb) uW bolder(s) of a cumin
Impact Fee Agreement m muud by Smasher talus Apartments H, LM. m C011im County,
osuled and rtroNM On September g, 200 In Metal Resnais Back Sink, Page 0'194 a
the Pob& Raeoaia Of Copper County, FbHdk, hereby don miesma from Jim the real property
described in Exhibit "A" and Exbibit'R" (mashed), owned by Summer Wee Apmbnems H,
Ltd.
The undomigned is euNOrvcd to antl does hereby release this lira u m be whole of the above -
desc,ibed real smarmy and comma to this lien being discharged pftmpm.
Dam this day of 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clock COLLIER COUNTY, PLORIDA
By: By:
, Deputy Clerk T W.COYIE,CMirmm
I, i
�IRI�L
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10/25/2011 Item 16.A.13.
Exhibit "A"
Legal Description
The West one -half (1/2) of the Southwest Quarter (1/4) of the
Northeast Quarter (1/4) of Section 30, Township 48 South, Range
26 East, of Collier County, Florida.
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I 36947K 10/25/2011 item 16.A.13.
`i UMBID in ODltlu 00113 of MRnI Mom, e4
"101/2005 at ol:lne Mat f. am, call
Hcm 35,H
aG.wuu REM
nee.t.qum.,,,t 11WLID MII a 000HAG
31NOT Hw E 1111101113 m
AMI', 4A06A IID0 (014311
omm%, mvrtlly
AGREEMENT FOR 100% DEFERRAL OF COLLIER
COUNTY IMPACT FEES FOR MULTI- FAMILY
AFFORDABLE ROUSING
This Agreement for the Deferral of Impact Fees is eater" into this or ay of
�i-.. ( , by and between Collier County, a political subdivision of the State of
refertai to as "COUNTY;' and
Summer Ickes Apartments ll,,&& nafter regained h�'iPWNER," collectively stated as
the Tunes:'
WHEREAS, Collier %yO�,�mmwe�No. �I90I I ,� Colli er County Consolidated 44 Impact Fee Ordinance, as it amded to time, hereinafter collectively
referred to as "Impact Fee O c efertal of impact f for new multi-
family, rental dwelling units which qualify as affordable housing; and
WHEREAS, William T. Fabbn, so Executive Vice President of LEG Member, LLC,
Sole Member of Swum Lekea Apammrnts 11, LLC, the general partner of Summer Lakes
Apartments 11, Ltd., Owner, is the Owner's dulya durnized agent; and
WHEREAS, Summer Likes ApartmmLs 11, Ltd., has applied for a deferral ofimpact fees
as required by the Impact Fee Ordinance for the Sumner Lakes 11 Apartments, bercrmfter
referred to as "PROJECT," and a copy of said application is on file in the Financial
Administration and Housing Department; and
Revised 03/10103 1015 1 of a
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10/25/2011 Item 16.A.13.
^ WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application for the PROJECT and has found that it complies with the ralwremwts for an
affordable housing defertal ofmulti- family impart fees as required by the Impact Fee Ordinance;
and
WHEREAS, the COUNTY desires W issue an impact her did I in the amount of Two
Million Seven Hundred Thirty -Nine Thousand Six Hundred Eleven and 93/100 (2,739,611.93)
for six years your the that dare 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
Agrewnent with the COUNTY in order to 2 t of otherwise rerryired impact fees; and
WHEREAS, personal to - O �Impazt Fee Ordinance, as codified
in the County's Cade of fa - ces, the Cow am is authorized to execute
certain Impact Fee Do arts on ofth CO and
^ WHEREAS, by si a th A o a
egle will approve a deferral of
impact fees for OWNER in n. no crew oWeble ouil
NOW, THEREFORE, i "Y�' ,anon of w ing Rentals and other good and
valuable consideration, the rxapt and s R which is hereby manually acknowledged,
the Parties covenant and agree as follows:
I. RECITALS INCORPORATED. The foregoing Rentals are true and correct
and are incorporated by reference herein.
2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of
the residential rental units (the "Dwelling Units") that will have their impact far defcmei is
attached hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit '13,' rand both
Exhibits are incoryomted 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 seur ards set forth in the lmpacn Fee Ordinance
Revfsed03 /10M 1015 2of8
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10/2512011 Item 16.A.13.
for a minimum tam of fifteen (15) years commenting from the date a cenificme of occupancy is .-.
issued for a particular Dwelling Unit; and that the term of rise rrectuirement to pay the PRO1ECCs
impact fees will he deferred for six (6) years from the date of the impact fees being due atM
payable.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and
warrants the following:
A. Each Dwelling Unit will, during the tens of the Agreement, be the
Permanent residence of a qualifying ocwpantlten ®t during the loom of such
tenmt's rental agreement.
B. At the coarmenc leasehold and throughout the duration
thereef, the roux R C� 'r '\m must have a very law or low
income level, terms are defined in�a t\\npact Fee Ordinance; and the
household's o t -rent be n ajbrdable housing guidelines
established i th than F
C. Each Dwellir l t most radio a id f fYr least fifteen (15) years from ^
5. SUBSEQUENT RENQ+A TRANS C AYMENT. If OWNER rents a
Dwelling Unit which is s, j,! deferral and then re -rents that Dwelling
Unit to a subsequent rend, the Dwelling Unit shall be tie -rented only to persons or
households meeting the qualifying aRena set faith in the Impact Fee Ordinance. If the
income of my unit tenter which originally qualified as very low or low income level as
defined in the Impact Fee Ordinance increases by more then forty percent (40 %) above
the maximum low income level described in the Impact Fee Ordinance, then the pa unit
deferred impact f 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 Ofdinance. Assuming
the OWNER has not been able to comply with the guidelines, upon the discontinuance of ^
Revised 03 /10/031015 3of8
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10125/2011 Item 16.A.13.
^ use of a Dwelling Unit as affordable housing, or six years man the date such impact fees
are defend, whichever occurs first, the impact fees deferred shall be immediately repaid
to me COUNTY. OWNER agrees mat even though the impact face may have been repaid
to the COUNTY, the OWNER will continue to utilize the Dwelling Units for affordable
housing f at least fifteen (15) years from the date the first certificate of Ocm,dw,, was
issued for a Dwelling Unit.
b. ANNUAL REPORT. Annually, OWNER shall provide to the Financial
Administration and Housing Department an Affidavit attesting to compliance with the affordable
housing qualification cdterla and standards so form in the Impact Fee Ordinance. Said Affidavit
must be filed with the County Manager thin shiny (30) days of the amiversary date
of the issuance of the first dw [R reO r occupancy. Any Dwelling Units
monitored by the Florida Hou g tunce Coryo non or it \y monitored by any other state
or federal agency will not 'rM t N� to tvit of compliance with the
^ County Manager. �J1I� v��pljII
7. LIEN. O � t 11sSalo1 / of deferred impact fees,
commencing On the eB live f this Agreement � ng until paid or released, will
constitute and be a lien in the am o M1 1 an Thirty -Nine Thousand Six
Hundred Eleven anal 93/1M (2 ,739,61 �0JECT'S
property and Dwelling Units
which lien may be foreclosed upon in the event of non - compliance with the imuiremems of this
Ageement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that
by, and in mraidemtka of, a security collateral being provided by the OWNER to the COUNJ ,
that all of the COUNTY'S Jim rights and any Omer interests arising under this Agreement are to
be considered junior, mentor, and subordinate to each 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, lessce, tenant, mortgages, or other person except that this lien
shall be on panty with any lien for County taxes.
Revised 03110/031015
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10125/2011 Item 16.A.13.
S. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's .-.
requirements, including payment of the defined impact fees, the COUNTY shall, at the expense
of the COUNTY, record any necessary documentation evidencing such payment, including but
not limited is, a release of lien.
9. BENTI NG EFFECT. This Agreement shall be binding upon the Parties to this
Agreement, their beirs, successors, and assigns. In the case of sale or transfer by gift of any
Dwelling Until, the original OWNER shall remain liable for the impact tons deferred until said
impact fees are paid in MI.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier lodda within sixty (60) days after execution li
of Nis Agreementbythe county ♦ER Otjt
11. DEFAULT.0 1l be in data of is ear
A. if O E fails to(/�� arty i ac Wance with the affordable
housing st it an q 1 i fished in the Impact Fee
Ordinence, a n. en, at s to pa the i pa due within thirty (30) days
B. ifOWNE est'vi� 3 a affodable housing qualification
criteria in the Impact Fee a period of fifteen (15) days after mailing
of written notice of such violation, or
C. with respect to the AnpuW Report, once a fifteen (15) day grace period
firm the date of the report being 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 oft property:
1) fail to comply with the said qualification criteria at any time during
the fifteen (I5) year term; or
Revised 03/1 W031015 5of8
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10/25/2011 Item 16.A.13.
2) violate my provisions of this Agfeemmq
then the dollar amount of impact f defemd shall be paid in full by OWNER to
the County within thin, (30) days of written notification of said violation.
B. Should the OWNER otherwise he in default of this Agreemem sad the
default is not cured within ninety (90) days after mailing wdnen notice to the
OWNER, the COUNTY may bring a civil action to enforce the Agreement,
C. In addition, the been may be foreclosed, or otherwise mmied by the
COM1 , by anion or suit in equity, including the farmlasure of a mortgage on
real progeny, The COUNTY shall be entitled to recover all fees and costs,
Including adomey's f ` R C0()9 at the statutory rate for judgments
Calculated on a ul ISM }YatlT
13. As the amount o fees - f t 1 Al cut Is an estimate based
upon pmJccted impacts whi F 11 t e�
no pr I to 6 Idmg perverts are Issued for
the subsequent conswmion n Ie mdts wntempla rt s Agresermni, the OWNER
T
and COIMTY acknowledge ee that either P y aired to make adjustments for
Payment of any impact fees whi due an t"i�. yond the amount of this demand,
Such adjustments will be in the form of Tfi Tvz L this Agreement to the dollar mount of
the defmal of impact fees that woWd otherwise be due and payable upon issuance of the required
building permits.
Revised 03/10 /031015
6of8
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10125/2011 Item 16.A.13.
IN WITNESS WMMOF, the Parties have executed this Agreement on the date and
yew first above written.
(2) Witnesses:
Prim Name X& SeAn
Prim Nwne
(CORPORATE SEAL)
OWNER:
Summer Lakes Apartments 11, Ltd.,
a Florida LimitN Partnership
By: Summer Lakes Apartnents 11, LLC, a Florida
limited liability company, its genewl partner
By: TRG Member, LLC, a
STATEOF IA
STATEOF F p LM kI
(dayThe foregoing Agree �s ged before we this O' day of
S,p4e i , 2005 by William T. utice Vice President of IRG Member,
LLC, Sole Member of Summer Lakes Apartments 11, LLC, general patina of Sommer
Lakes Apartments B, Ltd. He is personally known to m
tar a.am Si ire ofperson inking wknowledgment
wc..ra.Pmwro
i..J nPa.y,rw awr
Pr.
Name fAcknowledger typed, mtedor Stampcd
Revised 03/10103 1015 7 of 8
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1 0/2 512 01 1 Item 16.A.13.
COUNTY:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
6�33/1/Q
lAMFSV. MUDD
COUNTY MANAGER
STATE OF FLORIDA
COUNTY OF Ce 11 -, e
The foregoing Agreement was acknowledged before me this 1" day of
2W5 by lames V. Mudd, County Manager, on behalf of the COUNTY. He isFersona�lly
known to me.
Lawen J. Beard
caaWndaaeoms0
EaPim�O
i wkAnn W W
i"� " nuuuiautigG..4c
APPmved az to forth; 'A: App al Recommended
kleg AeJsuffic b, Yq I //
SL[— v\�C
Patnek G. White C7RC Denton Baker, Director
Assistant County Atlomey Financial Administration
and Housing
Revised03/10 1031015 8of8
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10/25/2011 Item 16.A.13.
Exhibit "A"
Legal Description
The West one -half (1/2) of the Southwest Quarter (1/4) of the
Northeast Quarter (1/4) of Section 30, Township 48 South, Range
26 East, of Collier County, Florida.
Packet Page -134g-
Fee
Community Park
Regional Park
Library
Road
School
EMS
Jail
Government Buildings
Water
Sewer
Total
* ** 10/25/2011 Item 16.A.13.
Exhibit "C"
Summer lakes II Apartments
Collier County Impact Fees
Unit Total
276 $154,266.60
225
225
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$153,985.08
$46,395.49
1,232,064.00
$228,252.00
$25,668.00
$32,562.48
$37,473.28
$388,755.00
$440,190.00
$2,739,611.93
10/25/2011 Item /
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