Loading...
Agenda 03/10/2009 Item #16A 6 Agenda Item No. 16A6 March 10, 2009 Page 1 of 17 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign, a Satisfaction of Lien for the Brittany Bay 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 fOJ'th by Section 74-401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances OBJECTIVE: That the Board of County Commissioners (Board) approve and authorize the Chairman to sign a Satisfaction of Lien for the Brittany Bay 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 74-401(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 January 14,2003 a deferral agreement, in the amount of$1,210,626.56 was executed between Collier County and Brittany Bay Partners 11, Ltd. for Phase 11 of the Brittany Bay Apartments. The deferral agreement stood in lieu of the impact fees otherwise due for the subject construction of 208 affordable rental dwelling units. A corresponding lien was also placed on the property in the amount of the deferral agreement. The deferral agreement provided for a six year term from the date that the first impact fees would otherwise be due and payable for the project; therefore on February 3, 2009 the impact fees became due and payable. On February 5, 2009, the impact fees were paid in full, in the amount of $1,210,626.56. In accordance with Section 74-401(g) (5) of the Code, staff and the County Attorney have prepared a Satisfaction 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 IMP ACT: Impact Fees have been paid and deposited in the respective Impact Fee Trust Funds in the following amounts: Agenda Item No. 16A6 March 10. 2009 Page 2 of 17 Impact Fee Amount Paid Community Parks $] ] 8,772.]6 EMS ]9,432.00 Jai] 24,539.84 Library 44,704.00 Regional Parks 51,962.56 Road (District I) 374,400.00 School ] 72,0] 6.00 Sewer 223,600.00 Water ] 81 ,200.00 TOTAL $1,210,626.56 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 in./i'astructure and services are available. Programs and strategies to encourage affordable-workforce housing development may include, but are not limited to, density hy right within the Immokalee Urhan area and other density bonus provisions, impact fee deferrals, expedited permilling (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 ofthe Agreement. LEGAL CONSIDERATIONS: The County Attorney prepared the proposed Satisfaction of Lien, which is legally sufficient for Board action. This is a rcgular agenda item requiring simple majority vote. -JAK RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign a Satisfaction of Lien for the Brittany Bay 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 74-401 (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 Business Management and Budget Office/CDES Item Number: Item Summary: Meeting Date: Page 1 of ] Agenda Item No, 16A6 March 10,2009 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Satisfaction of Lien for the Brittany Bay 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 74-401(e) and 74-401(9) (5) of the Collier County Code of Laws and Ordinances. 3/10/20099:0000 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 2f23f2009 9:17:19 AM Appro\'ed By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 2!231200911:12AM Appro\'ed By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 2/24120099:26 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 2f24/2009 1 :26 PM Appro\'cd By OMS Coordinator County Manager's Office OMB Coordinator Date Office of Management & Budget 2/27/20098:42 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 3/2/20098:54 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/2/200910:02 AM ,'--- file://C:\AgendaTestlExoortI125-March%201 0.%2020091 lli.%20CONSFNT%70AGFNDA 1 1 '114/7009 Agenda Item No, 16A6 March 10, 2009 Page 4 of 17 This instrument prepared by. Jeffrey A. Klatzkow County AHorney 3301 Tamiami Trail, East Harmon Turner Building, 8lh Floor Naples, Florida 34JI2 (239) 774-8400 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Million Two Hundred Ten Thousand Six Hundred Twenty Six Dollars and Fifty Six Cents ($1,210,626.56), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Multi-Family Affordable Housing (rental) Impact Fee Deferral Program, dated Janual)' 14,2003, recorded in O.R. Book 3200, Page 1270, et seq. of the Public Records of Collier County, Florida, against the real property described in Exhibit "A" (attached), owned by Brittany Bay Partners II, Ltd., has been satisfied in full. The undersigned is authorized to and does hereby release this lien as to the whole of tbe above-described real property and consents to this lien being discharged of record. Dated this day of ,2009. A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNlY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, Chainnan 'f '7; p Agenda Item No, 16A6 March 10, 2009 Page 5 of 17 fij) ..- _..,- , RHOOQ.,.to RHQjjS LAND sUIt. )YING, INC. JaM' .B1lo_ .8.Jt., nIImIait 1l. ~ 8'J"_ P.8.J1. fUD .lIIIiI B'1'lI4 BwlftI.... #B Napla, PItIrWIl1. Ut1fJ Jl1Imw (Hi) SS3-06'I(J . Jliut:t (94 t) 69S-DGBI PROPERTY DESCRIPTION PHASE d A f'CIt11ON or SECTftJN 27, TOYoNSHJP ><4 SOUTH, Ht<NGt: .2fJ .. COll.IBr COIJNn; J'ti:ll/JDA. 8SNO _ PAR1/CVL4RLY ~. ASRUOIlll> COMAIENCE AT THE StJlJ1HE:AST ~ OF ~C71PN D. TrJ_'" srxJ1H. RANGE 24 eA$T. ca.JJJ!H CtJ//II/7'I; FlDINDA,o 11fI!Na: ^' 811fJ8'rJ7" Ill, ALONt; TIiG $(XJ1>( lINE or SA41 st:r:71CW 27, A 1JI$TANa; (11' IOD.D6.1: meNCC CCN11foIrI4 ^' /J!J'08'07" Ill, AUJNl: TH6 SDl/1/f LINF OF .s4ID SS;TJ(It 27, 1.JP7.56 FFEr T7J THE I'OINT (If" __ (If" 7Ht: I'NrCEL 01" /.AND HElIElN .:lUaIloo:W lHENCC CDN1lNIIC II. 69"08'01" Ill, JJ.CNG I.A$1' $A/fJ lJNl; 1.21r.1tI FEETl _ No DI~' HI. I.tXMU m7I _ S 6!1't1t1~7" e.. I,$S/,,J2 faT: _ s: OD18?r e.. 114-($ r.~!i 1/II!NCIi.s; JI-:t:S'DiI~.Eo 10a..tU F'CET TI1 A PCIIIT (If" ClA'IYA 1lNl'e THENCE sav~'fm.r. _ FrET ALONG TIlE ARC <If' A aRCl.C.AR ~If; CIWCA '" NOR71/&ASTE1It. Yo HA WIt; A IW>>IJ5 OF' IIXJ.!II1 FEEr. 7IfROIJGH A CEN11W. ANa.t: or 5;0:J2'!15" ANtJ _ $tJJf7ENl1S1 fJY A r;Jf(J//f) H11Ir:1I {MARS oS: 5I1'Jl1'JS' e.. SZott FrET TrJ A NaN-1iW<<N7lAL ~ TIfl!NG!: oS: l.:rr2tJ:J" II. '1..16 FfET trI A PCfNT r:w A NON-TANCDtltAl. ~ THENf% EAsnL"Lr, Q.r$ FtET..v.aIQ THE ARC OF A CIRCIJl.AR CI.JR~ CQlVCAu!" SO/ITHERLY. HAIIIIC A _ tJi'" 21..H FEn; _.A CIil>I71W. ANGlE OF 111:u7t.J" AND _ SlJI1_ 8Y A CHORO Hf.kCH BEARS S 81717Q- ~ 8f.$31"Err TO A POINT ON A NON-TAN&OnZAL cr.w~ 'IHIi'Ni:E stJlJ1HEAnERLy. JDT/1 FEET At..fJ/lIG 71E ARC (IF A CIRCIJIJ.P CURl€. CONCAIE'SOl/1HWES1ERI..l: HAW'Nt: A RADIUS OJ!' ~7Ct.J1 Fen; 'THIf(JlJ(M A CEN11fAl. ,<N= OF I~SI:U' .MIll _ SlIS'fENDED l!Y A r:HetfJ) 1Hf:H BEJ.R$ 4: -IS'/IJ'-III'.c. 11..# Jr8, '" A NJINJ' IJN A NON-TANIZNt1AL ClR'<' 11/iNCC.l:4S'lm.y. #J.m nET AI.CNC 1HE ARC '" A CIIfClI,lAN a.wIf; c:tII'04lC NOR_Yo ffAlfNg A IWlllJJl OF "'-"" FaT. ~ A C!N7fW. ANt:LE or .u?1'.T4' AND _ __ 8Y A CI(tlIit; tIHtt:1I -~" SII"2o"5B" EO. ~5..M Fa:T 7l) A NCN-T__ lINe: 7rtENCC oS /J.rttJo0f4- E:. 47./14 FEET "'.A p(JI/IT ON A NCW-TAN6EN1W. CUR~ THENCe .ccS'lDft.Y, &175 FEET Alt:JNIJ 7HC ARC OF A C1RCtIt.AJ1 CLRM:; CCAe4~ stJU1HDiLy, HA~NC A RAOf(JS" or 2Bt.38 FEET. 'f'I.ItfOlII>I A (;D1111lf.AL A"I'(;U' OF' 'J~B~" AND SE1N(J stJI17'ENOED BY A CHt1RO HNK:H I1/i;AHS JO; 7'':S6''~'' E.. ~~dI) ~ ro A PaJNr 011 A NON-r~L CfJR~ THENfE SDVl1EAS1ERi..~ 61..BS FEET Al.ONQ THC ARC or A CtRClJl,AR ~ ~JE NOR7HCAS1ERL~ HA'rfH(I A NAMJ$ or .:1O,.tS., n:a. TH/fOIJGIt A c&:N~ ~ or It"JI"zg'" AM) ~ ~ BY A CHa10 JtHK:H 8E'N?S '" <<Dr""'~. 87076 ~ III A __~ lJItIO; 1HGNCE '" 78'58':ir... l1ll.N FfET: 'fHENCG ~ 8J'.lJ'.u' E". 32,!1{J = '1IItNCE ~ ID'3!l'/-J" IV.. ''-14 f1!E1} '/1IENCG N. ""l:J'~. Ill, St,5,gg. FEET: '1HENCE.s: lU'SJr38'" E:. 14$' FeET: ntDIC:C S. lS"'SOS2- E. 17.i"!J fFETi 1HENCC N. 8"~ C. #41 FEET: '!HENCE.s: 111.,.t/6'" w.. 1(J(J.21 FECTo 1HDICC s: .38"'J'~ C. ItfJf FEEt: THENCE $. 01'::18"57'" E... 4&29 FIE1l 'lHENrE ~ 46'52778"~, 27.56 FIrE" THENCE oS: !J67'".1Ir Ii;. '11.55 fEE7i THCNCJr s: ~V59- ~ 25.114 FaT) TIfENClr So ~7"Sno- E:. 411,S7 FEET; THfJICE s: 4579'26" t:., 2'VJ ~ 1/IENcr N. >>!tJ'22- ~ 2UI /'FIT) rHENCE Ii. =rar E., ~.'6 !'FEr. THENCE: oS I1nst2" E:. 4<1'" F.E<r; l'H€r{<4 S OTSJ'!J2- E., 411.11. nT1) _ oS tln4'M" e. 21.22 n:ETJ THIiNCC '" , 35'27'42- e, 37.111 ~ 11IENCE:.s: lOtt.""'" IIC, >>.u nT1) 1/IDiCE N. 74':14'29. If(, :ZS,87 ~ 'lHOICt: S (lO'31'!J3" Ir.. 4f,2J FETT: 1HOICE " 7":$2'04- HI.. ~S.g5 _71 fflElICE If, 4010'26' W. .....411 FETT: rnENcr No o7Tllt'46" e.. J<t.;1tS I1'ET: T1fENCE N. 70~'D.s. Hit, 6;,~1 1'-0.7: 11f6'!I~ N. ~7";1r;-x'" Ir" SJI;J,,' fU1: 7HENCE,s; TT"JT':!fr He, Z~H- FE1:7': ~ S. 06"26'.50" F:.. 1.J1.57 FECf ro THE PaNT OF ~ . CONTAJNfNG 37.# AO?~ Ml:)I?G' OR LGss. 5UBJEI:T T() E:lt.SEiJlN'fS, 11ES7101CI1()NS ANO/OII fI!SOIYA I10NS OF RE:GtJfiiJ. 8CARfNCS SHolfN HmaJN AIlE .M.= ON 1H1': E'AST tiNE OF r>IE SWfHOA!:T T/4 OF SF:CTTON 2" TOWNSHIP -18 SOUTH.. RANGe 2ti~. COl.LD CDiJNTY. n..0RfDA AS 8t:JNG N 0I':28"n- It! Exhibit "A" / Reference Invoice Date \lenaor NO: CheCk No: CE0400 5088 Collier Coun Board Of D..er; lion Agenda Item No. 16A6 MarchO;ZJ~~@lg p ,6:of 17 N.r Amounr Paid . CEO Capital Holdings XVI, Ltd. 020509 02/05/09 Deferred Impact Fees 1.210,62656 CEO Caplta.,Holdlngs XVI, Ltd. Bank of America Checll II : 5088 , 02105109 1551 50ndspur Rood MoUlond, FL 3Z751 Jc .~ Amount. "1,210,112:6.5& ' <,-"': . ,," _ ':*'-, , , ' ,,'l;.,'":- _. -'-~-' "it- ,_:~ . , P'Y ..~ ONE MILLION TiNe HUNDREQ}I'€N TtiOUSANl:i' SI.X RUN9~ED .:fiIENTY SIX AND 5~1100 DOl.,LARS ."..- ToTI:\e 0,.., Of, Collier Counl)l.e.oardOf, County COmn1issioners .~, ,"'0;..; ,- "',/ ":,~ .s, ',...... ....,'~,......_,.. tr'.:.::.~~-,:- ._----....---~..~-::.::..._~~ 8::!: -);; , ~.~' . "' ... Prepared by: Patrick G. White Ass't. Collier 0):. Att'y. 3301 Tamiami Trail East ~aples FL 34112 3113841 @~d~aOO NBG1134270 RBCORDBD in OFFICIAL RBCORM,,:~~~rWGl\UNTY, FL 01/21/2003 at 03:55PM DWIGHT B, FROCK, CLERK REC FEE 51.00 COPIES 11.00 . Retn: FINANCIAL ADMIN & HOUSING INTEROFFICE ATTN: LAUREN BBARD(103-Z338) This space for recording AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES FOR MULTI-FAMILY AFFORDABLE HOUSING This Agreement for the Deferral ofImpact Fees is entered into this 14itJayof .Jln LAC! rY - oJ 2003, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "COUNTY," and Brittany Bay Partners II, Ltd., hereinafter referred to as "OWNER," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for the deferral of impact fees for new multi- family, rental dwelling units which qualify as affordable housing; and WHEREAS, Jay P. Brock, as Manager of CED Capital Holdings 2001 BLLC, a limited liability company, as General Partner of Brittany Bay Partners II, Ltd., the OWNER's duly authorized agent; and WHEREAS, Brittany Bay Paliners II, Ltd., has applied for a deferral of impact fees as required by the Impact Fce Ordinance for the Brittany Bay Apartments, Phase II, hereinafter referred to as "PROJECT," and a copy of said application is on file in the Housing and Urban Improvement Depanment; 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 lof8 ~ ;V OR :L\~G,{)!tJ1,G~o lJ1J March 10, 2009 Page 8 of 17 affordable housing deferral of multi-family impact fees as required by the Impact Fee Ordinance; and WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount of One Million Two Hundred Ten Thousand Six Hundred Twenty-Six and 56/100(1,210,626,56)} 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; and WHEREAS, pursuant to Section 74-201 8.1.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements on behalfofthe COUNTY; and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. NOW, THEREFORE, in consideration of the foregoing Recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged. the Parties covenant and agree as follows: 1. RECIT ALS INCORPORATED. The foregoing Recitals are true and con'ect and are incorporated by reference hercin. 2. LEGAL DESCRIPTION. The PROJECT's legal description for the location of the dwelling units (the "Dwelling Umts") that will have their impact fees deferred is attached hereto as Exhibit "A," and the PROJECT's site plan is attached as Exhibit "8." and both Exhibits are incorporated by reference herein. 3. TERM. The O\VNER 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 tenn of fifteen (IS) years commencing from the date a certificate of occupancy is issued for a particular Dwelling L'nit: and that the lenn of the requircmCllt to pay the PROJ ECT's 20f8 OR:A~MItJleGNo1212 March 10, 2009 Page 9 of 17 impact fees will be deferred for six (6) years 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 rent must be within the affordable housing guidelines established in the Impact Fee Ordinance. C. Each Dwelling Unit must remain "affordable" for at least fifteen (15) years from the date its certificate of occupancy was issued. 5, SUBSEQUENT RENTAL OR TRANSFER; REPAYMENT. If OWNER rents a Dwelling Unit which is subject to the impact fee deferral and then re-rents that Dwelling Unit to a subsequent renter, the Dwelling Unit shall be re-rented only to persons or households meeting the quali fying criteria set forth in the Impact Fee Ordinance. If the income of any unit renter which originally qualified as very low or low income level as defined in the Impact Fee Ordinance increases by more than forty percent (40%) above the maximum low income level described in the Impact Fee Ordinance, then the per unit deferred impact fee on the non- compliant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninety (90) days to comply with the Affordable Housing guidelines set forth in the Impact Fee Ordinance. Assuming the OWNER has not been able to comply with the guidelines. upon the discontinuance of use of a Dwelling Unit as affordable housing, or 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 lees may have been repaid to the COUNTY, the OWNER will continue to utilize the 30f8 ./ OR: AS~~~~~~~J Page 10 of 17 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 shaJJ pro\'ide to the Housing and Urban Improvement 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 wiJJ not be required to file this separate affidavit of compliance with the County Manager. 7. LIEN, OWNER agrees that the dollar amount of deferred impact fees, commencing on the effective date of this Agreement and continuing until paid or released, will constitute and be a lien in the amount of One MiJJion Two Hundred Ten Thousand Six Hundred Twenty-Six and S61I 00 ($1,2 1 0,626.56) on the PROJECT'S property and Dwelling Units which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of, a security collateral being provided by the OWNER to the COUNTY, that aJJ of the COUNTY'S lien rights and any other interests arising under this Agreement are to be considered junior, inferior, and subordinate to each tirst mortgage on the PROJECT. Except as elsewhere noted in this A!,'Teement, such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN, Upon satisfactory completion of this Agreement's requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including btet not limited to. a release of lien. 40f8 OR: A3€rOOJt~~~l;~ Page 11 of 17 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. II. DEFAULT, OWNER shall be in default of this Agreement: A. if OWNER fails to rent the property in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, B. if OWNER continues to violate one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of such violation, or C. with respect to the Annual Report, once a fifteen (15) day grace period from the date of the report being due has expired, the OWNER will thereafter be in default. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: A. Should the OWNER of the property: I) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or 2) violate any provisions of this Agreement, then thc 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. 50f8 " /' OR: A~D ItWi'JOj1:lif6 Marcn 1 0, 2'jJO~ Page 12 of 17 B. Should the O\VNER 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. As the amount of impact fees being deferred by this Agreement is an estimate based upon projected impacts which will not be precisely known until building permits are issued for the subsequent construction of the units contemplated as part of this Agreement, the OWNER and COUNTY acknowledge and agree that either Party may be required to make adjustmcnts 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. 60f8 OR~g<&~tpa~~,~t ~~6 Page 13 of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. (2) Witnesses: 'I OWNER: ) ~f Brittany Bay Partners II, Ltd. By: CED Capital Holdings 200lE, LLC, a limited liabilit company, its general partner /C ;/;." //~/-. .. ' /,/,_.,::.c'l.J.....L"0'lct.. ~/ l l1toJLriL I By: Jay P. B ck, Manager of CED Capital Holdings OOIB, LLC Print Name "~C. . , . ',: ,;~.II',,,' ; ; 07( -W...,)'-.. ~..... --~ -. .1--....',. ! \.1.11'-'1"-- (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF Or~v The foregoing Agreement was acknowledged before me this \t.\\} day of JCW\~ , 2003 by Jay p, Brock, manager ofCED Capital Holdings 2001B, LLC, a limited liability ;:;npm,y,,, g",rnl p,"" of BriHMy '~rn "&=""""'''y Imow, " ~."..."......_..._....",..~=~ IJ......... AVA. ~ ~~"~~,."-; CCll'Tl'T'tluG1' Doo131_ Ii ',0 I!';' :~! Expo.... 71~ : '<?:c;r.>'-- BlYlded ttYaUgt't : e~'j';;'~~:;"1 Flanna Notary AaIft..1nc. . ;!..........................................-...... Signature of person taking acknowledgment ~ t\..; ~orc\.bV\ Name of Acknowledger Typed, Printed or Stamped 70f8 V " OR: AmOJ:E~~mZ~ Page 14 of 17 COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY:_.~' - ,/ -..-:'" ," JAMEs V MUDD COUNTY MANAGER STATE OF FLORIDA COUNTY OF ('"If, ~,-- The foregoing Agreement was acknowledged before me this :;; I ir day 0['\';,. "'._ , , 2003 by James V Mudd, County Manager, on behalf of the COUNTY He is personahv Jcnown to me or has produced (type of identification) as identification. "..'~'" Lauren J. Beard ,.,!;'~~~ Com!"is,ion #DD 159084 ,",. \{)..." Explles: Oct 24, 2006 '-';~Off\.dt-~,,,~ Bonded Thru I.,,,,,, ' Atlantrc Bonding Co., Inc. d '" /~'\ I' e:: ~ /_ / <" Signature ofpersm} taki~ acknowledgment L CU.I r C" r, \ c'Br' '1 ,(-/ Name of Acknowledger Typed, Printed or Stamped \3~~~ Patrick G. White Assistant County Attorney Approval Recom~ended I I -~. < / jel! I .)(~~~ Denton Baker, Director Financial Administration and Housing 80f8 " Agenda Item No. 16A6 March 10, 2009 Page 15 of 17 . RH~'&k~'-~ODES LAND Suzt.)YINC. INC" Jolin D' .RAIldu. p"I!J.JL, 2'AMIlcNI.B. "":;.~-= ..... Po' .. .. 18/10 Rail Hit.... BaulftllIO'OI, #8 N';:'~. u1;o" Plums: (1}4f) 583-06"10 JI_ (941) 69S-D6Bt PROPERTY DESCRIPTION PHAse /I A POI/71ON or SEC710N 27, [OIWSHlP -<4 SOlI1/!, RAJ<< 21 !:.. CIJl.UB? COUNTY. FUJI/ltJA BDNG AIORF: PMlICt/U,RLY f)E'$(:H1Sf:1J. AS FOUOW$; COMIJE1JcE AT 11E SDII'nIEAST xnhlJ!R OF $CC71~ 27. roWNSHJP 4ll SOU1H. RIINGE 25 EAST. COl.LJER CDII/JITY. F2CR1DA, THENCE No 89VlJ'07" lit, AL~(; TtiC sex""" tINE OF $,lfP 56'C71CW 27. A OISTANa; OF (1)(J.D6 /'aT: I'IIENCC CCN1INVt![ No 89'08'0;1'" u<. AJANr; THE S<XITH UN. OF SAID SLr:T/ON 27, 1..127.56 FF.E:r TO TlfE: ~r or ~ at'" THE P.AR<:n ar lAND HERON D€SCiI1BEI): TIIENCF: CONTINUE No 89lJ8"a;l'" If!,. -"J.ONG usr $AID UNE. /.216.61 FEET; 11/JINCE No Ol'26':2lJ" HI, 1,DOMU RiFT; 7HDICE S 89'OS'27" e:. 1,6JI,JJI r<E1l 71fENcF: oS: OD'6'V'" E., 118,.($ FEET; 1HeNCfi:.s ~1'2J'r19~ E.. 1I)(J.JH FEIT Te A POINT OF ClH/VA 7/JRC; T/fENCE SCl/1/fEAS7FI'L r. 95.6fJ FEET ALOI/(J '!HE ARC OJ" A cmcul.AR ClHl'1I!;: CDf'/CA lIE NORlHEA$7f1IJ.Y. HAWNC A RAOI/IS OF 1M$(] FEET. THROWN A CEN1JW. ANGU: or SI'J2'55" AND _ $UB7ENOE1J SY A f;J((II/Q ftIIIr:H (J~ARS S .58'J8"$6" c.. 92,11 FEET 7'J" Nai-1'AN'XN71AL IJMJ TIfEJVGE: S r.rr2tJ.S" Wo. //.:JIJ fEIT I!:I A pClnfr Q'( A NON-TANGI'!NftAl Cl/RWt' )'HeNCE EASTfil'/LY, 62.t!1 Ff:Er ALCWO 1I-/E' ARC OF A CIRL:UI.AR amI'!;; CtWGAIolr SOIl7HEJ1l..'t. HAYING A JW>>1)~ OF 21-1.94 FEET; 7I!ffCIX:H A CEN711AL .ANGlE OF 16:1~'oY' AND lJElNt: S/J81EN11Ef) 8'1 A ('.1-IOMJ lIf-/IaI BeARS S 8171'1D" e:. 8/,lJ:J nrr TO A POINT aN A NDN-TAN&EN1lAL aA!'IE:' 7HENCE" SWIHFA~Y, 7rJ.18 FEET A'cwr; 1H€ AR~ 01'" A CtRClIl.N> alHIof; CGWCA\oC SOV1HWES1ERi.Y;, HAtANt': A RADJl)S ar :/70.0$1 n:rr; 1H1lOl/f;I A CENTRAl. ,'.Neil: OF 14'82'34' .wD BE1NO sutI'fENlJED BY A CHtIR/J IINICH SEJJIS.s: -IS'ItJ'4S' Eo. 69.$8 ~T T" A PtlINJ' tiN .A NON-rANGENl1AL CUR~ THENCC 0AS1E'IiY.y, #J.05 FrET ALONr; THE ARC OF A OJRCt./I.AR WRit; CllNCAloC NORTHERLY. HA'>1N(; A RAOR/$ OF 76.7IZ FEET; 7HRO/JGH A CENTRAL AM;tE OF :U"21':rr AND 8E1NC SVlft&NDI!D 8Y A CHCtIiJ:; MHJCH llEARS s. 88'2Q-Sr E;. 45.38 FUT 10 A N~ TANtlB{11AL lINt!: 71ffNCE.s e.r15..""' E:.. 47.0-1 FEET m A ~OJNT bJI/ A NON-r;w('JEJJ7JAl CURt<" THENCe .!:i4$)!'.RtY, 8.3.75 nrr AlONG THe ARC or A ClRctA.AH ClJH~ ~~ sotnHE'RLY, HAlIfN!; A kAOfCJS OF 2ST..'J6 FEEr. 1'HItO(/t;H A lXN'!1'IAL AI/(JU' cr 'J~8~" AND SElNC SlJ87E1JOf7) BY A C:HaRD WHICH SEARS .5: 71'56"53" E.. fJ.l..6tJ ~ TO A POJNr ON A NON-TANC&N71Al CURVE: THENCE" SDU1HF.ASTERi.Y, 61.88 FEEr AUJNO THE ARC OF A ctRCIl1.AR CU\'~ CQYCAl1< NORIHEASTERLY; HA'ofNr; A RADIUS OF' ;107.6~ FEET. 1/IIPOUCH A CElV_ /WGl.E OF' 1/'31'29" AND &0#(; SlJ8rt1JOI'IJ BI" A OK)J'O !HUCH 9CARS s. S6'03'~7" <.. 61,7l11'Dr1' n:> A lVCW-rANGEN71Al. /)NO; 1HDIQ; S. 78'5B'2R" E., 8fLfU FtIT; 'lHtNl::G.!: BJ'J.J'J:r 1:'. 3ZIJa nrf; 'lHtNt:E!:. ~1J':U'n" W. 138.f-l Ft:1:"I: =<< N. ,uf!''3.2" Wo, S15.99.1'Dr1': '/HO/I;E 50 O~"S9'36' F;;. 18.5T FEU: n/ENCE S =0'52" e:. 11.79 FEET; 1HENC:E N. 64=" 1':.. JZ.~T fff:T: THENCE.s: 191~tJS" w, /00.21 FUr.- 7H€NCE.s: 3tn:N5'" E:. TlJ.:r1 FEET: 7I!OJCE S. 01"28'51" E'.. 48..29 I"EEII TH!NC. s. 4S'5:!7JIJ" <., 27.56 FEEl) lHENCF s. 5671'38- F;;, 1!l.55 fU7i THWCE S .J.I~'59" e, 2!U;4 Fa7; THelCE 50 4n7'10' E'.. 4(1.57 ffr::T; THfIICf: S 4Sf9'2fi" c., ZII. 7J mr: Tli!NCE II. JII"5J'i.2" E.. n.46 FEET: TllENCE II. U.J7'OJ" E., 21.1/1 rF<1': 7HC~ S. On9~2" E'.. 40.10 FEET; THf:Io/CE S ~.52" e. 40.16 FFE1) THENCE s. =4'55' 1':.. 21.22 FEE7) T/fEI<ICE s: ;15'27"012" e, .17.10 FEfl;- IHONCE; S. 71]'36'06- 1/(, :1:1.61 FEET; 7IIE1JCf: No 74!W29" w.. 2:J.S7 f7IT: THENCE:S: 6lTJ1'~ W. "".2J nre 7'HfJVCE ~ 78:52tu.. Iv.. -1$.95 flIT; l7'fEJVce If. 4010"26. JY.~ 018,~8 FEE?: 7'HENC:C N. 07TJ6;.fu' ~ .;u.,76 ~ 71TENCE N. 7J"5S'OS" lit, tiT.~1 rCt-r. fri&/'l~ N. eno~x- 'Yo, :;K).~1 nfl'; T1fEN(;e s; TI~'20" IY.. 2.].1-1- fEET; ~.5: O~"26'50'" E- 1J1.57 FaT ro TWE PoINr OF' 9E'C/NMNC. CONTAIN/Nt: J7.:z2 Aat'n Mon!' 0." UiSS. SIfB.ECT TO EAS8(!N7S. REST1,JI;7IONS ANO/OR frfSfl/YA TlONS OF REr:OUO, OCARINGS SHOWN HI!Rt:OH ARC .'lASeD ON THE EAST UNF or /fIE SOlfllfEAOI 1/4 OF SECTION 27 TOlWSHfP -f8 SW/H, RANG!: .a; l'., COWt:H CWNTY. Fl.M10A AS Bt:1N6 N 01'28'25" II! Exhibit" A" I EXHIBIT "B" ,\ ill I :11 ! \__.l. .:.Ij -;-'1 .,' , ,,~ 1,0 J.h\H UNDO:) . ~ '8-S:..:::::::~~::-s.:.. 3:':::. :S;::.:~ ...-NO oci~ Z:= Q.l Eo 0) 2ro& ~2 '0 c '" en <( " :' ':::D ,. ~, "--_..', -. -"..... --- ~.,--- -------.- -- , ,:,~...'.'. ~ , > 'T-~ o ~:~ I U~S Z (""1 '~ '.' ~: I. I . l,J - I" . - ~\ml ()~ ~, - ,"'C-J , " ~Q it) I::> I>: If- .(/) '2: o U '>: ;::: - ;'z ,::> .,. ;~ , '0 " ~~ " ~~ ~ . . ~ 1! ~ ~ ~ " ~ . ~ . , 0 < ~ ~ " . '.' = ~ > w " :J) . 0 <( ;;; U I < n. U I ~ ;;; I < u " III II I . I II I I' ,I :'/ n , .. 0--" OR: 3200 , . *** OR: ~~ga P.G1 NUSQ6 *** March 10, 2009 Page 17 of 17 . Exhibit "C" Brittany Bay II Collier County Impact Fees Fee Rate Unit Total Community Park $571.02 208 $118,772,16 Regional Park $249.82 208 $51,962.56 Library $214,00 200 $42,800.00 Library $238.00 8 $ I ,904.00 Road $1,800.00 208 $374,400.00 School $827.00 208 $172,016.00 EMS $93,00 200 $18,600.00 EMS $104.00 8 $832,00 Jail $11 7.98 208 $24,539.84 Water 208 $181,200,00 J Sewer 208 $223,600.00 / Total 1,210,626,56 ,-/