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Agenda 03/10/2009 Item #16A 7 Agenda Item No. 16A7 March 10, 2009 Page 1 of 20 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an amendment to the Agreement for Deferral of 100% of Collier County Impact Fees for Multi-Family (Rental) Affordable Housing between Collier County and Brittany Bay Partners, Ltd., for the Brittany Bay Apartments, Phase I, consistent with the Board's direction pertaining to remedies for past due and expiring impact fee deferrals OBJECTIVE: That the Board of County Commissioners (Board) approve and authorize the Chairman to sign an amendment to the Agreement for Deferral of 100% of Collier County Impact Fees for Multi-Family (Rental) Affordable Housing between Collier County and Brittany Bay Partners, Ltd., for the Brittany Bay Apartments, Phase I, consistent with the Board's direetion pertaining to remedies for past due and expiring impact fee deferrals. CONSIDERATIONS: On August 3, 2001, the Board of County Commissioners entered into an Agreement with Brittany Bay Partners, Ltd. for the deferral of impact fees in the amount of $1,058,256.08 for 184 atTordable rental units at Brittany Bay Apartments Phase I (Brittany Bay). The actual amount deferred via issued building permits equals $1,048,518.88. The difference between the two nun1bers relates to a change in the unit count and the square footage of the eligible dwelling units. In accordance with the deferral agreement, the term of the ~ deferral was for a period of six (6) years from the date of deferred impact fees for the project. The first building permit for the subject development, for which impact fees would be due and payable but for the deferral agreement, was issued on September 5, 2001. Therefore the term of the deferral expired on September 5, 2007 and was not subsequently extended. In addition, concurrent with the execution of the deferral agreement, a lien was placed on the subject property in the amount of the deferred impact fees as security for Collier County's interest and is still in place on the property record. On June 17, 2008, statT from the Housing and Human Services Department sent correspondence notifying the representatives of Brittany Bay of the past due status of the impact fee defelTal. A response was received by stalf on July 24, 2008 from Mr. W. Scott Culp, Executive President of Atlantic Housing Partners, on behalf of Brittany Bay, requesting an extension of the deferred impact fees to 15 years (September 5, 2016). Extensions of impact fee deferrals are not granted administratively. Any extension or change to a deferral agreement requires the approval of the Board; therefore, on September 23, 2008, Mr. Culp presented a public petition to the Board (Item 6C) requesting the extension to the Brittany Bay impact fee deferral agreement. Following the presentation of the public petition the Board directed that options for resolving the issue of expiring/past due impact fee deferrals be developed for the Board's consideration. On October 28, 2008, during the discussion of Item lOA the Board provided policy direction related to the issue of expiring and past due impact fee deferrals for affordable multi-family rental projects as follows: ,-. Agenda Item No. 16A7 March 10. 2009 Page 2 of 20 Require the payment of 60% of the deferred amount, to be disbursed pro rata to the affected impact fee trust .fimds. Provide an extension of the remaining deferral balance to J 0 years, consistent with the current program. Related to interest, fur thuse deferral agreements executed between Collier County and a fiJr-profit entity, an interest component of 5% per year will be included ji)r the IeI'm of the extension. For those deferrals executed between Collier Countv and a not~for-profit entity, interest will not app/.v. On December 12, 2008, Brittany Bay Partners, Ltd. remitted payment of $629,111.33 to Collier County which represents 60% of the balance of the impact fee deferral, totaling $1,048,518.88. The remaining balance of $419,407.55 (40%) plus 5% interest per year, for a total of $503,289.07 becomes due and payable on September 5, 2011 which is a four year extension from the original due date of September 5, 2007. The balance may be paid at any time during the extension period without penalty and interest calculated and due only through the date of payment in full. The attached amendment to the agreement provides for these changes and has been executed by the representatives for Brittany Bay Partners, Ltd. FISCAL IMPACT: The following chart provides the original amount deferred, amount paid and remaining balance, by fund, for the Brittany Bay Apartments Phase I impact fee deferral. Impact Fee Amount Deferred Amount Paid Remaining Balance Road $331,200.00 $198,719.98 $132,480,02 Sewer 185,560.00 111,335.99 74,224.01 Water 150,360.00 90,215.99 60,144.01 School 152,168.00 91.300.79 60,867.21 Community 105,067.68 63,040.66 42,027.02 Parks Regional Parks 45,966.88 27,580.13 18.386.75 Library 39.376.00 23,625.60 15,750.40 Jail 21.708.32 13,024.99 8,683.33 EMS 17,112.00 10,267.20 6,844.80 Total $1,048,518.88 $629,11 1.33 $419,407.55 Agenda Item No. 16A7 March 10, 2009 Page 3 of 20 The fiscal impact of the execution of the amendment to the Brittany Bay Apartments Phase I deferral agreement is the loss of the income of 40% of the balance of the deferred impact fees to the impact fee trust funds for the term of the agreement; however, in order to offset the revenue loss, a simple interest component of 5% per year, over the telm of the extension, has been included as part of this amendments. The interest will generate $83,881.52 over the four year period, unless repaid early. The income derived from the interest payment will be disbursed on a pro rata basis to the affected impact fee trust funds. GROWTH MANAGEMENT IMPACT: Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Gro'W1h Management Plan (GMP) states: "Future development will bear a proportionate cost offacility improvements necessitated by growth." Additionally, Policy 1.4 of the Housing Element of the Collier County Growth Management Plan states: "Collier County shall seck to distribute affordable-workforce housing equitably throughout the county "here adequate infrastructure and services are available. Programs and strategies to encourage affordable-workfiJrce housing development may include, but are not limited to, density by right within the lmmokalee Urban area and other density bonus provisions, impact fee deferrals, expedited permitting (fast tracking), public-private partner.\'hips, 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 specitied term) was consistent with the Growth Management Plan and the impact fee regulations in place at the time of execution of thc Agreement. The extension of the Brittany Bay Apartments Phase I impact fee deferral to a total term of ten years is consistent with the current impact fee deferral program for (rental) multi-family affordable housing projects. Additionally, the inclusion of the interest component as part of the proposed amendment helps to offset the revenue lost over the timeframe of the extension. LEGAL CONSIDERA TlONS: The County Attorney worked with staff on the preparation of the amendment to the deferral agreement, which is legally sufficient for Board action. This is a regular agenda item requiring simple majority vote. -JAK RECOMMENDA TlON: That the Board of County Commissioners approve and authorize the Chairman to sign an amendment to the Agreement for Deferral of 100% of Collier County Impact Fees for Multi-Family (Rental) Atlordable Housing between Collier County and Brittany Bay Partners, Ltd., for the Brittany Bay Apartments, Phase I, consistent with the Board's direction pertaining to remedies for past due and expiling impact fee deferrals. PREPARED BY: Amy Patterson, Impact Fee and Economic Development Manager Business Management and Budget Oflice, CDES ^",.,,, Page 1 of 1 Agenda Item No. 16A7 March 10. 2009 Page 4 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A7 Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign an amendment to the Agreement for Deferral of 100% of Collier County Impact Fees for Multj.Family (Rental) Affordable Housing between Collier County and Brittany Bay Partners, Ltd., for the Brittany Bay Apartments. Phase I. consistent with the Boards direction pertaining to remedies for past due and expiring impact fee deferrals Meeting Date: 3/10/20099:0000 AM Prepared By Amy Patterson Impact Fee Manager Date Community Development & Environmental Services Financial Admin. & Housing 2/231200910:09:50 AM Approved B)' Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/24f2009 9:27 AM Approved B)-' Judy Puig Operations Analyst Date Community Development & Environmental Services Community Development & Environmental Services Admin. 2/24/200910:00 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 2/2412009 1 :29 PM Approved BJ" OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 2/27/20098:42 AM A pproved By Mark Isackson Budget Analyst Date County Manager's Offke Offi(;e of Management & Budget 3/2/2009 9: 34 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/2/200910:10 AM file://C:\AgendaTest\Export\ 125-March%20 1 0, %202009\ t 6. %20CONSENT%20AG ENDA \]... 3/4/2009 Agenda Item No. 16A7 March 10, 2009 Page 5 of 20 AMENDMENT TO AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR MULTI-FAMILY AFFORDABLE HOUSING This Amendment to the Agreement for the deferral of 100% of impact fees entered into on ,2009, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as the "County" and Brittany Bay Partners, Ltd., hereinafter referred to as the "Owner," collectively stated as the ~'Parties. H Recitals: WHEREAS, Collier County provides for the deferral of impact fees for certain qualifying affordable, multi-family rental units, in accordance with Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance; and WHEREAS, on August 3, 2001, the County and the Owner entered into an Agreement for the deferral of 100% of the impact fees in the amount of $1,048,518.88, for the project known as Brittany Bay Apartments Phase I, which Agreement is recorded in OR Book 2870, Page 1348 of the Official Records of Collier County (hereinafter referred to as the "Deferral Agreement"); and WHEREAS, this sum was reduced to reflect the amount that was actually due upon the issuance of building permits to $1,048,518,88 by memo dated August 22, 2001; and WHEREAS, pursuant to the Deferral Agreement, the $1,048,518.88 in deferred impact fees became due and payable on September 5, 2007; and WHEREAS, on October 28, 2008, during a regular meeting of the Board of County Commissioners, the County agreed to extend the payment date for a portion of the amount past due to September 5,201 I, provided that the Owner consent to the following conditions: I. The Owner pay the County 60% of the full amount deferred ($629,111.33), following which the balance of$419,407.55 would be due and payable on September 5, 2011. 2. Interest in the amount of 5% per year will be applied over the four year extension; and WHEREAS, on December 12, 2008, payment 10 the amount of $629,111.33 remitted to the County by the Owner. was J Page 1 of 4 Agenda Item No. 16A7 March 10, 2009 Page 6 of 20 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 agree as follows: I. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. Owner will pay County the remaining Impact Fee due of $419,407.55, together with simple, non-compounded interest calculated at a rate of 5% per year until paid in full, with interest commencing on September 5, 2007. Should Owner not pay all sums due hereunder by September 11, 2011, interest will then be owed in amount equal to the rate of interest payable on judgments (Fl. Stat. Sec. 55.03), with such interest commencing September 12, 2011, and calculated on a monthly, compounded basis. Owner may prepay the remaining balance owed without penalty. 3. Except as amended, all other terms and conditions of the Deferral Agreement remain in full force and effect. This Amendment and its provisions merge any prior agreements, if any, between the parties with respect to the matters set forth in this Amendment. 4. This Amendment shall be recorded by the County, at the expense of the Owner, in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Amendment by the County. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date ftrst above written. (Remainder of Page Intentionally Left Blank, Signature Page to Follow) j PageZ of4 Agenda Item No. 16A7 March 10, 2009 Page 7 of 20 Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, Chairman Jeffre A. K zkow Count Atto y AS TO BRITTANY BAY PARTNERS, LTD., a Florida Limited Partnership Signed, sealed and delivered in the presence of: By: CED Capital Holdings 2000 Y, L. L. C., a FL limited liability company, its general partner ~ By: Printed Name:SHERYl. NORFl.EET f1J"'" I / . at ~~) <:.- Sl a ure -- Printed Name: ..c~ ,14'1 \ "d ,~ I-~ " L.' )( '" STATE OF FLORIDA ORANGE COUNTY The foregoing instrument was acknowledged before me this 4th day of February, 2009, by Jay P. Brock, Manager of CED Capital Holdings 2000 Y the general partner of Brittany Bay Partners, Ltd., who is personally known to me. ,.........SH"SRVC.NORFLEET.........j : """...~ Cornrnl DD04l1tn : I i-.t:.l~ ElCpIrealf3/2OOt i ! 1~h Bond" Ill'" (1OO)4>2.2Mj : ~f.y F~.NotaIryAl,".lnC..i i......~:':'................................. Page 3 of 4 J Agenda Item No. 16A7 March 10, 2009 Page 8 of 20 EXHIBIT "A" Balance of Impact Fees and Applicable Interest per Year Beginning Balance: $419,407.55 Year I Interest: (September 5, 2007 through September 5, 2008) $ 20,97038 Year 2 Interest: (September 6, 2008 through September 5, 2009) $ 20,97038 Year 3 Interest: (September 6,2009 through September 5, 2010) $ 20,970.38 Year 4 Interest: (September 6, 2010 through September 5, 201 t) $ 20,97038 Total Due at Conclusion of Deferral Tenn (September 5, 2011) $503,289.07 Interest on any prepayment shall be calculated by multiplying the rate of 5% by the number of days following September 5'h of the payment year, divided by 365, then multiplying this product by $419,407.55, then adding all interest generated by the prior years. ; Page 4 0[4 ~ - · Atlantic ~. '-HOUSING PARTNERS Agenda Item No, 16A 7 March 10, 2009 Page 9 of 20 February 5, 2009 Via Federal Express Collier County Community Development & Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 Attention: Amy Patterson Impact Fee 8r. Economic Development Manager Re: Brittany Bay Apartments-Phase I Collier County, Florida Dear Amy: Please find enclosed a signed copy of the Amendment to the Agreement for Deferral of Impact Fees for the above referenced community, Once completely executed, please provide a copy for our files. Thank you for your assistance with this. If you need any information from us, please contact me at 407-741-8525 (direct) or via e-mail (s.norfleet(cllatlantichousino.com). Sincerely, ATLANTIC HOUSING PARTNERS ~1 ^ ~\\ LiP "\1\ Nlo rf~ She~~~~~t ' vv UVAJ Pre-Development Analyst Enclosu res cc: CF-Correspondence with County Impact Fees 329 NORTH PARK AVENUE, SUITE 300. WINTER PARK, FLORIDA 32789. PH (407) 741,8500 P'~--=--=--."-~""-""""" 1,,~~~~"~"_1:""1~"*~" ~I Brittany Bay Partners, Ltd " C/O Concord Management 2108 c 1551 Sondspuy Rd Maitland, FL 32751 .~:'.:t'1~I5-i1.l~:w~r'!i:.lli'_rl'~_'J'2'1""M"I'1'!{~:flt .a."U~~~ ~_~J,,;hIR.,:,j,6.":1.', _ ''''1t\1ritn\b':"''zd8g''''._'!Il! Page 10 of 20 Check # : 006044 12/11108 Regions Bank f f r , " AmO."c~:c~9~1~1.~.....1 .... SIX HUNDRED TWENTY NINE THOUSAND ONE HUNDRED ELEVEN AND 33/100 DOLLARS Pay Two Signatures ReQUired Oyer $10,000 Board of Collier County Commissioners 2800 North Horseshoe Drive Naples, FL 34104 b'..~~j:z..i~_;__Jl.-"':l!~.:tJ;Ji'.- _~,,""J'i'c:a,,~ Of: ~.4Z ('. . ~ .i -.:' " - / ,/ ,J Ii. .f .' I '''I..~ fJ'V-- I:: ).'; To The Order ~ .... -"'i:L..:.~~--.e";:".I:,,-..i_'~~~-' -.Jtl....~~. ....u.- -",,*,- ~'~""'..~.-A\II ~~Mf1I'}I~dl';QrlA Ultlll."_GlILAM'Q(.a?lISWIllIJ _ ...r:trf. (' (' "-'" .,. ~o._ ..... c..r a,. ""7. _T_T.._ IlIIIoo "-NIII 2836815 OR: 2mn~t~J.lB1~~~ u..- ta ""CW .... tt CDWIf~1 rw 20 1I/U/INlet It:,. III. I. .... _ . Ittl: · .. ".It ...11I . ... lIP_ ,fi lt5. . .-_ H ,m ~ '-I?,,\ IUU. n IU" '1; r~, / 7 . . TWo _ lit......... AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNlY IMPACI' FEES FOR MULTI.FAMILY AFFORDABLE HOUSING ThiJ A,reement for the Deferral ofImpaet Fees i. entered into this 3r,.I day of ~,et,-J 2001, by and between Collier County, a political subdivision of the State of Florida, throuah its ..A....cI1o u "Impact Fee , f' &mIJy. rental dwelling unit. which WHEREAS. Jay P. Brock, M Ings 2000Y, a Florida Limited Liability CompIny. u General Partner of Brittany Bay Partners, Ltd. Brittany Bay Partnen, Ltd., is the duly authorized apnt; and WHEREAS, Brittany Bay Partner.. Ltd" has applied for a deferral of impact ... u required by the Impact Fee Ordinance for it. Brittany Bay Apartments PROJECT, hereinafter referred to u "PROJECT," and a copy of said application is on file in the Housina and Urban Impt\)Yelllellt Department; and WHEREAS, the County Manqer, or hi. designee, has nMewed the OWNB1l'S appIIcaIlon for the PROlECT and has found that it complies with the requirements for an lof7 OR: affordable houlinll deferral of multi.family implct fees IS required by the Impact Fee Ordinance; and WHEREAS, the COUNTY desires to issue an impact fee deferral in the amount orOne Million Fifty-Eighl Thousand Two Hundred Fifty-Six Dollars and 61100 (SI,058,256.06) llIr six years from the first date that the impacI fees would otherwise be due and payable for the PROJECT; and WIIEREAS, the Impact Fee Ordinance requires lhal the OWNER enter inlo an Asreement with the COUNTY; and WHEREAS, pursuanllo Se<:tion 74-201 E.!.b. ofthe Impact Fee Ordinance,lS codified in the County's Code of Laws and Ordi Counly Manager is authorized to execute certain Impact Fee Deferral Agree NOW, THERE valuable consideration. the r Parties covenant and agree as fo 1. and are incorporated by reference herein, 2. LEGAL DESCRIPTION. The PROJECT'sleaal description for the location of the dwelling unils (the "Dwelling Units") that will have their impact fees deferred is attached hereto IS Exhibit "A," and the PROJECT's site plan is attached IS Exhibit "B," and both Exhibits are incorporllted by relCrcnce herein. 3. TERM. The OWNER agrees that Ihe Dwelling Unils shall remain dordable and ahaIl be offered for rent in accordance with the standards set forth in Ihe Impact Fee 0rcIinancc for a minimum Icnn of fifteen (I 5) yean commencing from the date a certificatc of oc;cupanc;y is issued for a particular Dwelling Unit; and that Ihc tenn oflhe requirement to pay the PROJECTs e<:ilals and other Soocl and mutually acknowledged. the impact fees for OWNER in 20f7 OR: 2870AP6'ra1ltIANo.16A7 . ~llrt1\ 10, 2009 Page 13 of 20 impact feel will be deferred for six (6) years /Tom the date of Ihe impacl fees bei"l due and payable. 4, REPRESENTATIONS AND WARRANTIES. The OWNER represents and warranlS IlIe following: A. Each Dwelling Unit will, during the term of the Agreement, be the pennlnenl residence of I qualifying occupant/lenant. B. AI IlIe commencement of Iny lea..hold and Ihroughout the durItion thereof. the households rentins Dwellins Units muSI have a very low or low income level, as those terms are defined in the Impact Fee Ordinance; and lhe household', monthly renl must be within the affordable housing guidelines c. .. for II least fifteen (I S) yean 5. SV8SEQV rents I DweUing Unit whic Unit 10 a IIIbsequent renter, renter which originally qualified Ordinance increases by more Ihan forty pe deIcribed in the Impact Fee Ordinance, Ihen the per unit deferred impact fee on the non- c:ompJiant unit shall become immediately due and payable by OWNER or, in the alternative, the OWNER shall have ninoly (90) day, to comply wilh lhe Affordable Housinglluidelines set forth in the Impam Fee Ordinance. Assuming Ihe OWNER has not been able to comply with lhe guidelines, upon the disconlinuarn:e of use of. Dwelling Unital affordable housina. or six yellS &om the elate IUch impact feel are deferred, whichever occurs first, the impact fees deferred IhaII be immocIiately repaid 10 the COUNTY. OWNER agrees Ihat even though the impact feel may haw been repaid to tile COUNTY, Ihe OWNER will continue 10 utilize the Dwelling Units for 30f7 OR: 287QeJ)&, 1tJ,1~t. 16A7 ....~arclf, it, 2009 Page 14 of 20 afl'ordlble housing for at least fifteen (15) years from the date the first certilicate of "CCllplncy wu issued for a Dwelling Unit. 6, ANNUAL REPORT. Annually, OWNER of the Dwelling Unit shall provide to tile Housing IIId Urblll Improvement Department an Affidavit attestins to complianee with the affordable housins qualification criteria IIId standards set forth in the Impact Fee Ordinan<:e, Said Affidavit must be liled with the County Manager and is due within thirty (30) days of the anniversary d.te of the iuulllce of the fint dwelling unit's certificate of oceupancy, Any Dwellina Units monitored by the Florida Housing Finance Corporation or similarly monitored by lilY other st.te or federal agmey will not be required to file this separale affidavil of compliance wilh the County Mlllager, 7. LIEN. amount of deferred impact fees, qhh uing until paid or released, shall housand Two Hundred Fifty- commelK'ing on the effective constitute and be a lien in I Six Dollars and 6/100 (SI, 58 Ben may be foreclosed u Aareoment, Provided thatt by, and in consideration of; a that all of the COUNTY'S lien ri "} be considered junior, inferior, and subordina u elaewhere nOled in this Agreement, such lien shall be superior and paramounl 10 lhe interest in the DweUilllJ Unit of any owner, lessee, lenanl, mortgages, or other person except lhat this lien IhaII be on parity with lilY lien for County taxes. g. RELEASE OF LIEN. Upon satisfactory completion of this Asrcement's requirements, including payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record lilY necessary documentation evidencing such payment, in<:luding but not limited to, a release oflien. 40f7 OR: 2870 .fGodJ1WNo. 16A7 WC'r, 10, 2009 Page 15 of 20 9. BINDING EFFECT. Thi. All"eement shall be bindina upon Ihe PaniO$ 10 this AareeJnenI. their heirs, aucceuora, and usisna, In the clSe of sale or transfer by sift of any Dwelling Unil, the oriainal OWNER shall remain liable for the impacl fea deferred unlil said impact Ceea are paid in full. 10. RECORDING. Thi, All"ccmenl shall be recorded by OWNER allhe expense of OWNER in the Official Recorda of Collier County, Florida within sixty (60) days after OlC\lC\IUon oflhia Asrccment by Ihe Counly Manager. II. DEFAULT. OWNER shall be in defaull oflhis Agreemenl: A. if OWNER fail, 10 rent Ihe propeny in accordance wilh lhe affordable housing alandarda and qualification crileria established in Ihe Impact Fee c\ fees due within lhiny (30) days B if 0 rdable housing qualificalion fi een (I S) dlys after mailing F- ~ een (IS) clay gm:e period ~ he OWNER wiD lhereafter be C. in default, 12. REMEDIES. The following remedies arc cumulalive with any Olher rishl or remedy available 10 Ihe COUNTY: A. Should Ihe OWNER oflhe propeny: I) fail 10 comply with the said qualification Criteril It any time durina the fifteen (15) year tenn; or 2) violate any provisions of this Agreemenl, Ihen Ihe dollar amounl of impact fees deferred shall be paid in full by OWNER 10 Ihe County within thiny (30) days ofwrillen notification of said violation. S of7 OR: 2870g<llJllil I~~. 16A7 r\J oMa.1IiJ.JO, 2009 Page 16 of 20 B. Should the OWNER otherwise be in default of lhis A~enl. and the default i. not oured wilhin ninety (90) days after mailina Millen notice to the OWNER. tho COUNTY may bring a civil aolion 10 enl'oroe lhe Agreemenl. C. In addition, tho lien may be foreclosed. or otherwise enl'orced by tho COUNTY, by action or lUit in equilY inoluding the foreololUro of a moRN' on real propcny. Tho COUNTY shall be enlitled 10 reoover all fees and oosls, inoludini anomeY'1 fDCI, plus interest at the 5Iatutory rate for judpnenlS calculated on a calendar day basis until paid, IN WITNESS WHEREOF, the Panics have exeouled Ibis Agreemenl on Ibo date and year flnt above wrinen. (2) WitllCJses: net'S, Ltd Partner. CED Capital 2000Y. . Florida Umited ~. . y Company ~ ......-. j .. 'Cu, Lr;~ J~.i....JTfNU Jay p, Brock, Manapr (CORPORATE SEAL) 6of7 . . OR: 2870 ~d13'" No. 16M ",i'fr~h 1 0, 2009 Page 17 of 20 STATE OF FLORIDA COUNTY OF Or' "~I _ The forejjoing Asreement wu acknowledged before me this ~ day of r "-~ . 2001 by Jay P. Brock, Manager of CEO Holding. 2000Y, a Florida Limiled . i1ity Company, u General Partner of Brillany Bay Panners, Lid. ~naIIy..knctwn1O._ me or lw produced (type of identific:llion) u identifieelion, ~..~~ ~Ju..J Sipatu n twng acknowledgment (7p~ A . Dl\Y..er Name of wledger Typed, Prinled or Stampl:d ,,; ~ ....1.... ~.*..,o....~., . .CCIJnID ~..lf ......_11._ COUNTY: OF COUNTY COMMISSIONERS IER COUNTY, FLORIDA J-.\ STATE OF FLO COUNTY OF f/,., The foregoina Aareeme 2001 by Thoma W. Olliff', known 10 me or hu produ identific:ltion. . ,- ~ ...J ..0 ~ . 'I J.:.. day of ~ fthe COUNTY. H. i. ' (type of identification) u ~'),. !.AU, REN J, BEARD ....'1... M1 rowt.tlSSlQN. OC'mlW ~".. t:xPtaE1IG'1.anaD:! 1.IDO-,)..NOTAlY Ha "'....,,"""ICft. l'" Reeo.mended for Approval I ~'/, -,-,,~./. .../, ./ ie, Director of Urhan Improvement atrick O. 'Ie Auiltanl County AllOmey 7 of? OR' 28'oerDl'a .tetQlll(16A7 . · "WIarM"'~, 2009 Page 18 of 20 IISIlITTI\IN BAY 1 A POMTI0N OF SECTION 27, TOKNSHIf 48 SOOTH, IlANGI 26 EAST, COLLI~ COUNTY. FLOlllDA, BIIlGG HOg rAJlTlCOLAA]. Y DESClUBED AS FOLt.oIIS I ~B AT TIl!; sotnllEl\ST COIlJlU or SECTION 27. TOWNSHIP 48 SOll'tH, JlANGE 26 EAST, COu:,1E1l COURTT, I'LOIUDA; TJlBNCE N. 89 'OB'07. W., ALONG THE S. loIN!: OF SAID SECTION 27, A DISTANCE 01' 100. 01 n:ST 'f0 THI POIIlT or BEGINNING or tiE 'A!\CEL or LAND lIEUIN ~c::aIB&D1 TBDJa COIlTINOI II. 89 "08'07. N., ALONG THE SOOTH LIlli: or SAID SEC'fION 27, It DISTAN~ or 1,327,56 FEE'll THEIlCE II. 06 '2"SQ" M., A DISTANCE or 131.57 FEEt I T~ II. 11 '31'20" E., A DISTANCE or 23.1. rtET, T~ez S. 11 '30'3." E., A DISTANCE or 90.91 FEET; THENCE S. 10 '56'0'" E., A DI'TANet or ".51 F!~I THEN~ S. 07 '06'4'" W., A DISTANCE or 3C.26 FEETI THENCE S. CO ~0"28" E" A DISTANCE or 32.13 rsETl TKaNCE S. 40 '14'16" E., A DISTANCE or 16.35 FZET; TRINCI N. 81.'57'.7" E., A DISTANCE or 11.1' rKlTI'THZNCE N. 16 '50'57" I.. A DISTANCE or 21.84 rszT; TBENCt N. 60 '31'53. IIC.. A DIS'fNICE or U.23 rm:T, TllEllCE S. 74 .54'29" 11., A DISTANCE or 23.87 FEET; TBEMCIIC R. 70 "36'06. E., A DISTANCE or 33.64 FIt'll TBlNCI N. 35 '27'42. W., A DISTANCE or 31.10 n:n'; TlIDICZ N. 53 .24.'55. N., A DISTANCE or 21.22 nn, TRENCI; N. 08 '5)'52"' ".. It DISTABCI: or 40.16 I'&I:TI TIIENC:E N. " W., A D1S'1'ANCE OF CO.40 ~: Tru.&OU. s. 53 '37'03. .... A DISTANCE ~. fli.. CIl 8. 79 "53'22" II., A DISTAIlCIl or 21.46 rcITI THENCE N. CS "19'2.~ .7~ rEit; TRmNCE N. 47 '57'10. w., A DIll!AIICI: or 40.57 n:u, TB . 34 .42'59" ~ %STANCE or 25.6. FEET; 'l'III!:JICZ II. 5' "11']8" W., A D~I'I' r 19.55 FES'I'; 1&. 46 "52'01. W.. A DISTANCE or 21.56 rElT, TIIPCE N. 01 .2 'S IST . 29 nETl TIlINCI: N. 35 "13'45. W., A DIS'fAIICI: or 16.31 nl!:TI 'I' , " 4' A % aNa or 100.:U n:&T I TKENCS S. BC '37'23" R., A 01 'I' N. '5 '50'52. W., A DISTANCE OF 11.7' rEZT; TBiNet N. 04 "5" , THENCE N. 19 '27'24. W., A OISTAIIC!: or 26.74 n:&T. T ft CE or 36.31 FEE'1': T~ N. 15 "09'59" E., A 0 5 '40'27. E., A DISTANCE OF 19.0' rBET; THENCE N. 86 " ET: THENCE N. 56 .41'51. E., A DIS'I'AMC& or 40.25 rEETl CE OF 46.95 r&ET; 'I.'1IZJIC:&'N. " .15'42" E., It 01 ON A CIl\CULAJI. CUlWE, COlIOVE SOO'l'ilEl\LY, noSE lUIDIO Of A DISTANCE or 158.16 l'EE'l' TlIDJ:rN:l11 TB!NCt l\UN IlAST CllRVE '1'0 TIlE IlIGIIT, IlAVING A NUlIOll or 158.16 rElT, 'JRROOGH ~ 4'41", SCBTI:NDED BY A CHOIID or 44.89 nET AT A 8EM.IIIG OF II. 77 AJlC Ll:NG'rH OF C5.04 FEET TO A 1'OIllT 011 A CIJtCtlLlUl. CcaVl:, CONCAVE so AADIOS roINT I!&A.IIS S. 02 ' 01' 41" ,II.. A DISTABCE or 315.2B UE'l' TRil\Ei'IlON; THEIICE l\illl EASTEJU.Y, ALONG THE l\llC or SAID etlllVl!: TO TIlE !l.IGllT. I\AVING A IlADIilS or 315. %B FEET, 'l'Hl\OOGR A CEIlTRA:l. ANGU; OF 11 .01'41", SOBT~DSD BY A CHOIlD or 60.59 FEET AT A 8EARING OF S. 82 "20'28" E., FOR AN A1tc 1Ji\RGT1I OF 60.68 rEST TO A i'OINT ON A CI~IlLAl\ CUl\V'I:, CONCAVS NORTKElILY, WII0SE aAD10S POINt BEABS' N. .,' .55'13. E., A DISTANCE or 53.41 FEE'\' 'I'~rkOHI THENCE I\UN US'1'EJU,Y, ALONG' THE MC or SAID ClIRV1l '1'0 TilE LEFT, !lAVING A RADIUS or 53.47 FEIlT. 'l'Hl\OOQ/\ A Ci:lITRAI. ANGLE or 43 '02'0'". SOBTE:NDED 1IY A CHOIUl or 39.23 FEET AT A 8tA1U1IG or K. 85 '24'09. 11.. rea AN AJ,C LENGTH or 40.16 FEET TO THE END or SAID' CUP-VE; TKtRCE N. 5' '..'23" t" A DISTANCE or 61.07 FEtT TO A POINT ON A CIRCDLAR CORVE. CO~VE SOUTHERLY, WHOSE RADIUS POINT BI&ARS S. 23 '41'53. E., A DISTANCE OF 364.4. rEST TIIilIlErr.OHI THENCE lurn l!'.lU'lTI!:RL'l. ALONe; THE AIlC or SAIt> CU!l.Vt TO THt ~ICH'l',.RAVlNG A IV\J)IUS or 384.41 I'"EJ:T,TIIROUCH A C!.NTIlAL ANGLE OF 13 '28'46", SUIlTtND!:O llY A CHOIlD or 90.23 FEET AT A ~EARINC O~ N. 73 '02'30. E., FOR AN AP.C LENGTH or QO.4. FEET TO A POINT ON A CIRCULAR CURVE. CONCAVE SOOTHtRLY, WHOSE RADIUS POINT BEARS S. 00 "31'48" W.. A DISTANC& or z.c.94 Fi~T THi:!l.E~ROMI THENCE RUN EASTERLY, ALONG THE ARC or SAID CURVE TO THE RIGHT. HAVING A RADIUS OF 214.94 ~EI!:T. THROUGH A CENTRAL ANGLE or 15 '34'03., SUIlTI!:NDED IlY A CHORD O~ 61.93 nE'r AT A 8UP.tNG OF s. 91 '11'10" E.. fOR AN AIlC LENGTH O~ 62.1> rEET TO A POINT ON A e!!l.eUl~R CURVE, CONCAVE S. WESTERLY. WHOSE RADIUS POINT BEUS S. 37 '22'5'. W.. A DIS':'AJoICE t'lr 270.31 FEET THE!\EFI\ON; THEN::e: RUN SOUTHtAST- ERLY. ALONG THE ARC or SAID CURVE TO THE RIGHT, I~VINr, A K~DIUS or " OR: 2870APG1Ja11",No.16A7 , ~1l1'r:1\ 10, 2009 Page 19 of 20 210.31 FEET. TijROOGH A CENT~ ANGLE or 14 '~2'34'. SUBTENDED BY A CHORD OF 69.99 FEET AT A SEARING or S, 45 '10'.~' E,. rea AN ARC LENGTH or 10.18 FEET TO A POINT ON A CIRCOI..M CUIIV!.. CONCAY!: 1l0l\THEIlLY. MilOS! RADIOS POINT BEMS N. 39 'H'49' E.. A D1STANCE or 76.7' rEtT THER!.~l THENCE IIUIl EASTERLY. ALONG TBE AkC or SAID CURVE TO TR!. LEn, HAVING A AADIt/S or 76.79 i'E!T, THIlOUGH A CtNf!W. ANGLE or 34 'ZI'H". sD/!T&lIDED BY A CHORD or 45.3' rEET AT A IlE:AJl,ING or S. 68 '20'S8" E.. FOR AN MC LENGTII or 46.05 FlI: TO THE &NO or aAID ~~, THENCE ,. 83 .1S.... E., A DISTANCE or 47.01 FEET TO A POINT ON A CIRCVLAA CURVE, CONCAVE SOUTH~~LY. WHOSE RAPIDS POINt SEARS S. 11 '03'4~. W,. A DISTANCE or 261.36 FEET TH~~FROH1 TH~NCS RUN EAST&~r, ALONG THE MC 01' SAID eUIlVE TO THE RIGHT, HAVING A MDIIIS OF 261.36 FAlT, THROUGH A CElITl\AL ANGLE or 13 'S8'35". SOBTENDID BY A CHORD or 63.60 FEET AT A BE:AJI,IN; or 8. 11 '56'53' E., rOil AN .uc LENGTH or 63.15 n:ET TO A POIN'!' ON A CII\CUloAR CURVE. CONCAVE N. ~T~I, WHOSE IADIOS POINT BEARS N. 29 '.l'SS" E., A DISTANCI or 307.6' ~eT TBEIUiI'Ral; TIIEIICE Rl1N S. r;MTEI\LY, AloORG TH" MC OF SAID CUP,VZ TO THE LEFT, HAVING A ~IOS OF 301,64 FEET, THRODGH A CENTJAL ANGLe or 11 '31'2'", sueTENDED BY A CHORD or 6t.78 nET AT A IIEMING or s, 66 '03'0" E.. roll AN MC L&IIGTH OF n,n FlET TO THE END OF SAID CORVE1 THiNCE S. 78 '58'2'" I.. A DISTANCE OF '6.Z4 FEET: THENCE S. 83 W33'33" E.. A DISTANCE OF 161.16 FEET TO A fOINT ON A CIl\COLAll CORVE, CONCAVE NORTKERLY, WHOSE RADIUS POINT B~ N, 20 '32'3" E.. A DISTANCE or 457.44 FEET 'I'JIll:&UliFllCll; '!'aENO RUN I:ASTERLV. ALONG raE IUI.C OF SAID CDIlVE TO Till: I.I:I"r. HAVING A RADIOS or ,.,.,. rEET. THROU~H A CENT '00'51", SUIITENDED IIY A CHOao OF 11'.'8 rEZT AT A 8~NG or S, 80 '27' LENGTH or 175.76 FEET TO THE END or BAlD CURVE; THEIlCE N. 88 .3 0.18 !'UT, 'tHKlICE S. 01. W.28'13" E,. A DXSTANCE OF 566. U NNING. CONTAINING 76',671 SQUARE FEET ~ : jj ___0-- -~ r \ & J: ..1 " r: I. , :; I' II " ' L . Ci"'" ~ . - -...... .~~:~ '."s ,.. ~.-t t:";;',.. ~ G '" -.,....._- ... _'_" . 4._ , I , I Iii " 'I, '" I" I 'I' ,...J , , ,1/ ~. ,Ii ,\ II1I 1,\ 1'1\ ,rJ., 'II' " \ I 1,1 \ I III \ .JD I , I . t; . I' ., " . 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