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Resolution 1997-001 RESOLUTION NO. 97- ~ JAN - 7 f997 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 F1MP ACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR HERON PARK APARTMENTS, A 243 UNIT AFFORDABLE RENTAL HOUSING PROJECT, AND SUBORDINATION OF LIEN. 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 irmov.tive 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. \.I, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housipg Element; and WHEREAS, Heron Park Partners. Ltd., a Florida Limited Partnership, will undertake the development of Heron Park Apartments, a two hundred and forty-cight (248) unit affordable rental housing community on a site located in Collier County, Florida, of which Heron Park Partners, Ltd. is owner; and WHEREAS, on November 8, 1996, an application was filed with the County Manager for the deferral of Collier County impact fees for the Heron Park Apartments consistent with the requirements of the County impact fcc ordinances; and WHEREAS, in accordance with Section 3.4 of the Library System Impact Fcc Ordinance, Ordinance No. 88-97, as amended; Section 4.05 of the Parks and Recreational Facilities Impact Fcc Ordinance, Ordinance No. 88-96, as amended; Seclion 3.04 of the Road Impact Fcc Ordinance, Ordinance No. 92-22, as amended; Collier County Ordinance No. 90-86, as amended, the Collier County Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Sewer System Impact Fcc Ordinance; Section 3.05 of the EmCl'J!cncy Medical Services System Impact Fcc Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fcc Ordinance, Ordinance No. 92-33, as JAM - 7 1997 amended, an applicant may obtain a deferral of one hundml percent (100"10) of impact fees for a period of oix (6) years by qualifying for said deferral; and WHEREAS, Heron Park Apartments has qualified for an impact fcc deferral based upon the following representations made by Heron Parle Partners, Ltd.: A. The Dwelling Unit shall be the pennanent residence of the OCClIJ>antltcnant. B. The holllCbold renting the Dwelling Unit must have a low income level, at the commencement of the leasehold and duration thereof, as that tcnn is defined in the Appendices to the respective Impact Fcc Ordinances and the monthly rentlDllSl be within the affordable housing guidelines established in the Appendices to the rcapoctive Impact Fcc Ordinaocea. C. The Dwelling Unit 01:&11 remain affordable for at least fifteen (15) years &om the date the certificate' of occupancy wu issued. 1. The Board of County Commiuioncra bc::eby authorized the dcfeuaJ by Collier Coualy of the following impact fees in the amounts limd below for the two hundn:d and forty-eiJbt (248) I affordable housing unita to be developed by Heron Pan: Putncn, LId. on the David A. Gallman Estate PUD-9S-14, as identified in Exhibit "A": Eadlll.1t 141 U.1ft a) Library S ystcm Impact Fccs b) Road 1mp3ct Fees (48 Units) (200 Unital c) Paries & Recreation Impact Fees Community Paries Regional Parks d) Emagcncy Servicealmpact Fees c) Sewer Impact F ces 0 Water Impact Fees g) School Impact Fees $ Ig5.52 $ 44,76g.96 952.00 45,696.00 935.00 187,000.00 399.00 98,952.00 179.00 44,392.00 2.00 496.00 1,340.00 332,320.00 900.00 223,200.00 827.00 205 096 00 TOTAL IMPACT FEES TO BE DEFERRED $1,181,920.96 2. A) In compliance with the provision of the Collier County impact fcc ordinances, Heron Parle Partners, Ltd. has demonstrated to the County that a subordination of the County's ri~ht., JAM - I g;'1 interests and lien is ncc-.y to obtain finaDcing for the Heron Pule Apartments, 111 affordable hou.sing project consiating of two hllildled and forty-eight multi-family dwelling unita; and B) In compliance with the provisiOlll of the impact fee ordinances, the Owner will cIcli-n:r to thc County IUbatitute col\.lltcral in the fonn of cuh and a cub equivalent finm::ial instrument payablc to the County which together will yicld to the County the tWI ........ut of the l1cferred impect feel, i.e., the IIUtIl of One Million One Htmdred EiahtY-ooe Tbouand tfmc HUDdrcd Twenty Dol1arl and 96/100 at the expiration of the period of the deferral, August IS, 2003, i.e., a United States Trcuury Zero Coupon Bond which will mature at the end of the deferral period, Auguat IS, 2003, and., upon maturity, would yield an IlIIOWlt equal to the IIDOUIlt of the deferred feca. County covcnanta and &grceIItbat it will not ncgotiale the bond unlcaa and until thc deferred impact fees become due llDd . payable punuant to the terma of the Agreement for 100'10 Deferral of Collier County Impact Feca and that all rnoncya m:eived by negotiation of the bond shall be applied to the , payment of said deferred impact fOf' obligation owing by Heron Pule PartnerI, Ltd. C) The County hereby covcnantJ and C(,........Jb and agrees that ita rigbta, intercata and lien pum1IIlt to the Agreement shall be subord;natM to the lien of the Mortgage and Security Agreement ('"Mortgage") and other docwncntJ executed by Owner in conaidention therewith from Heron Pule Partncn, Ltd. to Florida HOUling Finance Agc:ucy, Collier County HOUIing Finance Authority, or other primary Icndcn in the pri.1.:ipal m10UDt ofup to Thirteen Million Five HUDdrcd Thousand Dollars ($13,500,000), plus accrued iDtercat and all advances authorized under the provisions of such mortgages. The CoImty will execute such JUbordination agrcementa as may be reasonably required by aid mortpgcea. 3. Deferral of said impact feca is subject to and contingent upon execution and recordatiOll ofan Agreement for Deferral of Collier County Impact Fcca which shall be entered into between the applicant and County. 'Ibis RcIolutiolllldopted after motioo, KCODd md majority vote favoring IIIIIe. JAI - 7 f1I1 DATED:~1/n? ....,'."...... Al'l~.f.?:~j" . I ILt1l'i&k,.' .~ '~~" .:., . ~ . ...,(...., : .' ~. .,'If. 'lid.oil':' ':. : :,.:. #-t;, '. .~.~?-' . :' . . '1'fJ... :j1', ....T; "',C . 4?:~)i:':);fJ "'7t<P.t. '., .s.J.L..;....,.!' . . '.:,:..VI""~.\; . , ." . -';~ . . ',' ,! ~l; ~. .'.,' "'" ',- ','..,.,. ..~., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By~~~ Approved .. to form md 1epl1Ufficic:ncy: Heidi F. AIbtOn A..,.- County Attorney jdlpnlOrao JAI - 7 fI!1 EXHIBIT "A" LEGAL DESCRIPTION GALLMAN !!STATE 30.45 t ACRE TRACT A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRlBED AS FOLLOWS: COMMENCE AT THE SOtITHWEST CORNER OF SECTION 12, TOWNSHIP SO SOum, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 00- 18'50" W. ALONG THE WEST LINE OF SAID SEcrION 12, FOR A DISTANCE OF 2836.80 FEET; THENCE RUN N 89041'10" E FOR A DISTANCE OF 270.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DBSCRIBED; THENCE RUN N 00-18'50" W FOR A DISTANCE OF 990.00 FEET: THENCE RUN N 8~41 '10" E FOR 'A DISTANCE OF 1120.00 FEET; lHENSE RUN S OO-lS'5crBFORA DISTANCE OF 1320.00 FEET; THENCE RUN S 8~41'10" W FOR A DISTANCE OF 660.00 FEET; riIENCE RUN N 00"18'50" W FOR A DISTANCE OF 330.00 FEET; THENCE RUN S 89<41'10" W FOR A DISTANCE OF 460.00 FEET TO THE POINT OF BEGINNING, COtn' AINING 30.45 ACRES, MORE OR LESS.