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Agenda 09/23/2008 Item #10NItem # 10N September 23, 2008 Page 1 of 18 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners direct the County Manager, or his designee, to forward the matter of the default of the Impact Fee Deferral Agreement between Collier County and CEI/Kensington, Ltd., for the Saddlebrook/Petican Pointe Phase I Apartments, to the Office of the County Attorney to initiate any and all legal action including, but not limited to, lien foreclosure, if necessary OBJECTIVE: Recommendation that the Board of County Commissioners direct the County Manager, or his designee, to forward the matter of the default of the Impact Fee Deferral Agreement between Collier County and CEI/Kensington, Ltd., for the Saddlebrook/Pelican Pointe Phase I Apartments, to the Office of the County Attorney to initiate legal action, up to and including lien foreclosure. CONSIDERATIONS: On December 16, 1997, the Board of County Commissioners entered into an Agreement with CEI/Kensington, Ltd. for the deferral of impact fees in the amount of $666,752.80 for 140 affordable rental units at Saddlebrook/Pelican Pointe Phase I. 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 Saddlebrook/Pelican Pointe Phase 1. 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 October 9, 1998. Therefore the term of the deferral expired on October 9, 2004 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, staff from the Housing and Human Services sent correspondence notifying the representatives of CEI/Kensington, Ltd. of the past due status of the impact fee deferral. Additionally, between the first correspondence and the Final Notice of Impact Fee Statement prepared on August 27, 2008, staff from the Housing and Human Services Department and the Business Management and Budget Office have made repeated efforts to contact the company representatives and have been unsuccessful. The Final Notice of Impact Fee Statement was prepared and sent August 27, 2008 via certified mail, with a return receipt requested. As required by Section 74 -501 (a) of the Collier County Code of Laws and Ordinances, the past due impact fees are required to be paid in full within thirty (30) calendar days of the effective date of service of the Final Notice of hnpact Fee Statement. In the event that payment is not received, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full. Item # 1 ON September 23, 2008 Page 2 of 18 To date, payment has not been received by Collier County nor has there been any communications or correspondence from or on behalf of CEI /Kensington, Ltd. to Collier County regarding this matter. FISCAL IMPACT: Upon reaching the term of the Deferral Agreement, $666,752.80 became due and owing to Collier County. Such funds would then become immediately available to provide funding for growth- related capital improvements. The fiscal impact of the original deferral to the County was the loss of the income to the impact fee trust funds for the term of the Deferral Agreement; however, the Agreement was consistent with the policies and regulations in place at that time. The failure to receive payment after the expiration of the six - year term jeopardizes the County's ability to provide capital improvements, necessitated by growth, in a timely manner. Filing and other associated fees will be approximately $1,000. The County will seek to recover all costs in initiating and pursuing this suit. 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 was consistent with the Growth Management Plan and the impact fee regulations in place at the time of execution of the Agreement. However, failure to pay the impact fees that are now due and owing has a direct impact on each of the impact fee trust funds that originally provided a deferral of impact fees. LEGAL CONSIDERATIONS: The County Attorney's office requests immediate approval by the Board of County Commissioners so as not to jeopardize any and all legal and equitable remedies the County may have available. - WEM RECOMMENDATION: Recommendation that the Board of County Commissioners direct the County Manager, or his designee, to forward the matter of the default of the Impact Fee Deferral Agreement between Collier County and CEI /Kensington, Ltd., for the Saddlebrook/Pelican Pointe Phase I Apartments, to the Office of the County Attorney to initiate any and all legal action including, but not limited to, lien foreclosure, if necessary. PREPARED BY: Amy Patterson, Impact Fee and Economic Development Manager Business Management and Budget Office, CDES Item # 1 ON September 23, 2008 Page 3 of 18 Recommendation that the Board of County Commissioners direct the County Manager, or his designee, to forward the matter of the default of the Impact Fee Deferral Agreement between Collier County and CEI /Kensington, Ltd., for the Saddlebrook /Pelican Pointe Phase I Apartments, to the Office of the County Attorney to initiate any and all legal action including, but not limited to, lien foreclosure, if necessary. (Amy Patterson, Impact Fee Manager) Prepared By: Department Date CDES Budget 9/9/2008 12:15:41 PM Approved By: Department Approval Date CDES Budget Approved 9/9/2008 3:14 PM Approved By: Department Approval Date County Attorney Approved 9/9/2008 4:53 PM Approved By: Department Approval Date CDES Approved 9/11/2008 3:52 PM Approved By: Department Approval Date Office of Management Approved 9/13/2008 2:33 PM and Budget Approved By: Department Approval Date County Manager's Office Approved 9/14/2008 12:59 PM ATTACHMENTS_: Name: Description: 0 ES Saddlebrook Executive Summary - Deferral Agreement Default w IegaLDOC 0 Saddlebrook Agreement pdf Deferral Agreement 0 Saddlebrook Resolution 1997.odf Deferral Resolution 1997 0 Saddlebrook NoticeLdf Final Notice of Impact Fee Statement 11 Item # 10N September 23, 2008 Page 4 of 18 Type: Executive Summary Agreement Backup Material Backup Material p� mbjr 23, 5 0 18 AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES This Agreement for the Deferral of Impact Fees entered into thisdAe= of otAc .Fr 9a�C 1997, by and between the Board of County Commissioners of Collier County, Florida, o 3� hereinafter referred to as "COUNTY" and CEVKensington, Ltd., hereinafter referred to as "OWNER ". § WHEREAS, Collier County Ordinance No. 88 -97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88 -96, as amended, the r C 6 Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County : Ordinance No. 91 -71, as amended, the Collier County Emergency Medical Services System o w Impact Fee Ordinance; Collier County Ordinance No. 92 -22, as amended, the Collier County Sa' C p Road Impact Fee Ordinance; Collier County Ordinance No. 90.86, as amended, the Collier g 6 N County Water System Impact Fee Ordinance. Collier county Ordinance No. 90 -87, as amended, N the Collier county Sewer System Impact Fee Ordinance; and Collier County Ordinance No. j! V 92 -33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as Fes.. N they may be further amended from time to time hereinafter collectively referred to as "Impact oNo tO Fee Ordinance ". provide for deferrals of impact fees for new owner- occupied dwelling units qualifying as affordable housing; and 8 WHEREAS, Colonial Equities, Inc. is the duly authorized general partner of CEVKcnsington. Ltd. with Richard Shaw as President; and e� WHEREAS, CEVKensington, Ltd. has applied for a deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in he Housing and Urban Improvement Department; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing deferral; of impact fees as established in the Impact Fee Ordinance; and 1 16A WHEREAS, the impact fee deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and Wtlltrt; u. i4mu 1'YY. g9niv4a &wta 'Or * *m fba it► dw aptetlntw. Six HtutMed sad si%v S*Thstiss d, Sev TwTive Daum sand gm00'(56fi ;Y/32 80► to dx yon temp tlatua s daNsead Mnp!wdr'Aro�F t8bi >l�tddCel Ys0ltA�alfmd Pt a TMttsei crtfi odied fn RrstotMtiar� Iftt +Ks�r24l read WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling units (the "Dwelling Unit -) is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and shall be offered for rent in accordance with the standards set forth in the appendix to the Impact Fee Ordinance for a minimum of fnfleen (IS) years commencing from the date a certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be the permanent residence of the occupant/tenant. b. The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and duration thereof, as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. -- Mt 2 G 0 x N CJ V N b ei 7 N N a0 O 16A- 3 c. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the certi ficate of occupancy was issued. 5. SUBSEQUENT RENTAL OR TRANSFER If OWNER rents the Dwelling Unit subject to the impact fee deferral to a subsequent renter, the Dwelling Unit shall be rented only to households meeting the criteria set forth in the Impact Fee Ordinance. The impact fees deferred shall be immediately repaid to the COUNTY upon the discontinuance of use of the Dwelling Unit as affordable housing, or six years from the date such impact fees are deferred, whichever occurs first. OWNER agrees that even though the impact fees have been repaid to the COUNTY, the OWNER will utilize the Dwelling Unit for affordable housing for at least fifteen (15) years from the date the certificate of occupancy was issued for the Dwelling Unit. 6. LIEN. The deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of ran - compliance with the requirements of this Agreement. 7. ANNUAL REPORT. Annually, the OWNER of the Dwelling Unit shall provide to the County Manager an affidavit of compliance with the affordable housing qualification criteria and standards set forth in the Impact Fee Ordinance. Said affidavit must be filed within thirty (30) days of the anniversary date of the issuance of the certificate of occupancy. If the income of N w any unit renter which originally qualified u very low or low income level as defined in the N respective Appendix to the Impact Fee Ordinance increases by more than forty percent (40%) above the low income level described in the appendix, then the per unit deferred impact fee on aNv .v the non-compliance 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 respective Appendices. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements, and upon 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. 3 16A 3 4 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement, their heirs, successors and assigns. In the can of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in Poll. 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 Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to rem 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 notice of said noncompliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of violation. However, with respect to the Annual Report, OWNER shall not be in default of this Agreement until a fifteen (15) day grace period from the due date of the report has lapsed in the event the OWNER is in default. 12. REMEDIES. Should the OWNER of the property fail to comply with the said � qualification criteria at any time daring the fifteen (15) year period or should OWNER violate y any provisions of this Agreement, the impact fees deferred chaff be paid in full by OWNER �v 4�a within thirty (30) days of said non - compliance. OWNER agrees that the impact fees deferred shall constitute a Gen on the property commencing on the effective date of this agreement and ry continuing until paid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgages, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within thirty (30) days after written notice to the OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the lien may, be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or 4 16A remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorney's flocs, plus interest st the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for deferral of Impact Fees on the date and year first above writt L (2) Witnesses: Print Name A9 AA ra9AMA • a• CEUKENSINGTON,LTD. By: COLONIAL EQUITIES, INC. ITS GENERAL PARTNER Land Print Name a?loea I R. bre oGKarex— Richsrd Shaw, Piesident :.14 , kv.' t'e'a v :i�c y(r�� DATED: It•uae� "ATTIST:` v bMGHT,E.BROCIC Clerk c Ct 1 (7 Approved as to form and legal sufficiency eidi F. Ashton i1 f P Assistant County Attorney (CORPORATE SEAL) COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY.. unothy, Chairman 3 N w N N N tr' a' t Page 10 of 18 16a- 3 STATE OF Rim T"AS COLNTY OF mALIAS The foregoing instrument was acknowledged before me this 6 day of 1991 by Richard Shaw, President Colonial Equities, General Partner of CEI/Kensingion. Ltd. on a pf the ncrship. He is personally known to me or has produced ((Qfil4te of identification) as identification. SignnaTure of person Ukrng acknowledgm>Etft T,>° saw zbz Name of Acknowledger Typed, Printed or Stumped j"udd a.eot*W'Vft TERESA p ice. NC'rq rr PUBLIC 's We of Texas a. Carne. Ego 02.27."9 N W -+a N N N \O .P 16A 3 EXHIBIT A ME PALMS LEGAL DFSCfuPi7ON t A parcel of land.lo4md in Section 34, Township 49 6 alb. Ra48e 26 Fsst. colliec county, Florida, and mono paniaduly described as f ! . Commence at the Sorabeaat corner of the West 112 of the IS6utheast 1/4 of Section 34, Township 49 South, Itattge 26 l a, rte: N89°43'18"W. a. distance of 72600 feet; thence run Nd0 °2T59"W a distance of 30 00 fed to die Point Of Beginning. thence sun NE9a43'18 "W a distance of 479 52 feet; Nt30 I I1'T- a distance of 68.24.Cak to the poin or curvature of a &mpac r mre concave .Southwesterly, thence run 97.61 foe, along dK arc ormid curve baying a radius of 200.00 feet, a central Engle of 27 °57'44 ", a chord distaaeo df 96.64 fed end a chord bearing �of N13 457'41 "W' to the poira of tangency',, thence rtrn N27°56 33"W a dwttnee or-31.87 fort to a punt of ctuvatute of a curve concave Northeasterly; 0i©x run 96.12 feet along UK uc oCseid ercre tu`Tn8 a radius of 200.00 foal, ■ et 4 al Engle of 27n2'1 5 ", a chard distance of 95.20 fed and a dtocd bearing of 114° tn'7S"W to a point ortmSency, thence run N00'24'18"W a diatancc of 316. 8 fodt; thcpoc sun N89- 35.42 -E a distance of 13.72 fed; thence run N''00 °00'00 • a dtstarkC4 of. 7903 feet, thence run N56.18'39"H a distance of 51.48 foot; tl' cC nut' N34 °15'02 "W a dutanee of 21.61 foer; thence nut N460IT53'T a ' ftance of 51.60 Corr, Oren" run N00°DO'00"W a &stance of 171.15 fed; thmuo run NSV32'54 "W a disuocc 14.46! reef;' thence run NI0°40'57"1- a Idrstata50 of 37.82 feet, thence run Nal'im. 4 it a distance of '210.12 rod; 0=40 'ruh $49444'08 "E a diranee ofeet; thence run S8943'27'7i a distance 'of 305.97 Coot, thence run a distance, of .1107.10 fod to tbC.Poido(13*mgn8 parcel containing 129.1 acres, more or Imo,, subject to easemcNS, restrictiau end M...Crvations ohty lyd riepared BY �tilGarci �. 1.lcAnly. r.S.Af. I ltnidi Rcgjstn}i�on No. 1543 ASCArily Far xiP8and De— g' Inc. 5101 f'aat- Tha'mmlleai Tmik Suite 202 ' Naples, Florida 34113 Page 2 of 3 N W J N N N cr% CL1 rX11IMT A 16A 3 i ilr. PALM] ' LEGAL DESCRIPTION :xx OR: 2372 PG: 2247 x�: I I I ' Soo 10T im II uni • 'M G IS. A SKETC4 1{C 'gRaSft� • �t t NUn VT A M� Page 3 of 3 RESOLUTION NO, 97. 6e5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA AUTHORIZING THE DEFERRAL, OF LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, WATER IMPACT FEES, SEWER IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR SADDLEBROOK/PELICAN POINTE PHASE I, A 140 UNIT AFFORDABLE RENTAL HOUSING PROJECT. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very low income households in Collier County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1, objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; object 1.6, policy 1.6.3; objective 2.1, policy 2. L1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, CEI /Kedsington, Ltd., a Florida Limited Partnership, will undertake the development of Saddlebrook/Pelican Pointe Phase I Apartments, a one hundred and forty (140) unit affordable rental housing community on a site located in Collier County, Florida, of which CEI/Kensington, Ltd. is owner; and WHEREAS, on November 28, 1997, an application was filed with the County Administrator for the deferral of Collier County impact fees for the Saddlebrook/Pelican Pointe Phase I project consistent with the requirements of the County impact fee ordinances; and WHEREAS, in accordance with Section 3.4 of the Library System Impact Fee Ordinance, Ordinance No. 88 -97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88 -96, as amended; Section 3.04 of the Road Impact Fce Ordinance, Ordinance No. 92 -22, as amended; Collier County Ordinance No. 90 -86, as amended, the Collier County Water System Impact Fee Ordinance; Collier County Ordinance No. 90 -87, as amended, the Collier County Sewer System Impact Fee Ordinance; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91 -71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Item # 10N September 23, 2008 Page 14 of 18 Ordinance No. 92 -33, as amended, an applicant may obtain a deferral of one hundred percent (100 %) of impact fees for a period of six (6) years by qualifying for said deferral; and WHEREAS, Saddlebrook/Pelican Point Phase I has qualified for an impact fee deferral based upon the following representations made by CEI/Kemington, Ltd. A. The Dwelling Unit shall be the permanent residence of the occupam /tenant. B. The household renting the Dwelling Unit must have a very low or low income level, at the commencement of the leasehold and duration thereof, as that tens is defined in the Appendices to the respective Impact Fee Ordinances and the monthly rent most be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall remain affordable for at least fifteen (15) years from the date the certificate of occupancy was issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: L The Board of County Commissioners hereby authorized the deferral by Collier County of the following impact fees in the amounts listed below for the one hundred and forty (140) affordable housing units to be developed by CEI/Kensington, Ltd, on the Saddlebrook Village PUD site R -90.6, as identified in Exhibit "A ": 2. Deferral of said impact fees is subject to and contingent upon execution and recordation of an Agreement for deferral of Collier County Impact Fees which shall be entered into between the applicant and County. Item # 1ON September 23, 2008 Page 15 of 18 Each Unit 140 Units A. Library System Impact Fees $ 180.52 $ 25,272.80 .✓ B. Road Impact Fees 935.00 130,900.00^ C. Parks & Recreation Impact Fees: Community Parks 399.00 55,860.00 Regional Parks 179.00 25,060.00 I D. Emergency Services Impact Fees 2.00 280.00 E. School Impact Fees 827.00 115,780.00 ✓ F. Water Impact Fees 900.00 126,000.00 G. Sewer Impact Fees 1.340.00 187,600,00 ✓ 12 TOTAL IMPACT. FEES TO BE DEFERRED $4,762.52 $666,752.80 2. Deferral of said impact fees is subject to and contingent upon execution and recordation of an Agreement for deferral of Collier County Impact Fees which shall be entered into between the applicant and County. Item # 1ON September 23, 2008 Page 15 of 18 This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST:... Dwight E. Brock, Clerk 'a Approved as to f0 and legal suf5ciernr�sv: i — C__V__L!Zf 1-�� --_ Heidi F. Ashton Assistant County Attorney id/f7sadd1cbmok/pe1icaoptheso BOARD OF COUNTY COMMISSIONERS C R C NTY, FL RIDA By: Timq L. Hancock, Chairman Item # 1 ON September 23, 2008 Page 16 of 18 Item # 1 ON September 23, COLLIER COUNTY Page 17 of 18 BUSINESS MANAGEMENTAND BUDGET OFFICE IMPACT FEE SECTION 2 N. Horseshoe Drive • Naples, Florida 34104 • (239) 493 -2369 • Fax (239) 444 -2405 asa_ asp, FINAL NOTICE OF IMPACT FEE STATEMENT CERTIFIED MAIL #7007 2560 0001 1485 3120 RETURN RECEIPT REQUESTED August 27, 2008 Mr. Richard Shaw, President CEI/Kensington, Ltd. 17103 Preston Road Dallas, Texas 75248 RE: Saddlebrook/Pelican Pointe Phase I Village Impact Fee Deferral Dear Mr. Shaw: In follow up to the notice sent to you on June 17, 2008, the Impact Fee Deferral Agreement for Saddlebrook/Pelican Pointe Phase I became due and payable on October 9, 2004, Collier County staff has made numerous attempts to contact you and your associates by telephone in order to discuss this matter and facilitate a resolution. The impact fee deferral was executed on December 16, 1997 in the amount of $666,752.80 as follows: Community Parks Impact Fees $ 55,860.00 EMS Impact Fees 280.00 Library Impact Fees 25,272.80 Regional Parks Impact Fees 25,060.00 Road Impact Fees 130,900.00 Sewer Impact Fees 187,600.00 School Impact Fees 115,780.00 Water Impact Fees 126.000.00 TOTAL DUE: $666,752.80 c < < c r Item # 10N September 23, Page 18 of 18 In the event the Impact Fees are not paid in full within thirty (30) calendar days of the effective date of service of this Final Notice of Impact Fee Statement, a delinquency fee equal to 10% of the total Impact Fee owed shall be assessed. Once delinquent, the total Impact Fee, plus delinquency fee, shall bear interest at the then applicable statutory rate for final judgments, calculated on a calendar day basis until paid in full as required by Section 74- 501(a) of the Collier County Code of Laws and Ordinances. 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. In the event that the impact fees are not paid, as outlined above, the County will proceed with its requirements to foreclose on the lien. We respectfully request that payment of the sums due be made promptly to Collier County. Payment should be made to Board of County Commissioners and mailed to: Amy Patterson, Impact Fee/ Economic Development Manager Collier County Government Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 I can be reached at 239.252.5721 if you have any questions or require additional information. Sincerely, � � Amy 2atteprson Impact Fee and Economic Development Manager cc: Jeffrey A. Klatzkow, County Attorney Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division Marcy Krumbine, Director, Housing and Human Services Garrett Mullee, Manager, Business Management and Budget Office Frank Ramsey, Housing Manager