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Resolution 1996-150 .1 , ! -- ~- =.... ;Ea iHl ;:: ,C"') j- .- ,<0 = c; ~5 ""'8 . '..... -lj :r-- 002 ;-..c -- :C""o.I ~ . . 8- '-=5 ~ei c:::t;;:=:I c:ro - ~ en o~ Ln!= .~""'~ .....-- =:=: :I:: B::O: =- ~ ;e E~ --- ~-- .....2~ gah RESOLUTION NO. 96-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION 95-699 TO REFLECT THE INCREASED MORTGAGE AMOUNT FROM THE FLORIDA HOUSING FINANCE AGENCY FROM $12,500,000 TO UP TO $13,000,000; AUTHORIZING THE SUBORDINATION OF LIEN FOR IMPACT FEES FOR TURTLE CREEl( APARTMENTS, A 268 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, p~icy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Turtle Creek, Ltd., a Florida Limited Partnership, undertook the development of Turtle Creek Apartments, a two hundred and sixty-eight (268) unit affordable rental housing community on a site located in Collier County, Florida, of Which Turtle Creek, Ltd. is owner; and WHEREAS, on September 5, 1995 the Board of County Commissioners granted an impact fee deferral for $1,276,355.36 embodied in Resolution No. 95-479. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTy COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The board of County Commissioners hereby acknowledges and agrees that: 1. In compliance with the provisions of the Collier County Impact Fee ordinances, Turtle cr.ek, Ltd. he. demonstrated to the County that a subordination of the 1001 000 p,d56 16A 2 MAR 2 6 1996 collateral in the form of cash in the amount of $355.36 and a cash equivalent financial instrument payable to the County which together will yield to th~ County the full amount of the deferred impact fees, i.e., the sum of One Million Two Hundred Seventy-six Thousand Three Hundred Fifty-fhe Dollars and 36/100 ($1,276.355.36) at the expiration of the period of the deferral, April 1, 2002, i.e., a United States Treasury Zero Coupon Sond which will mature at the end of the deferral period, April 1, 2002, and upon maturity, would yield an amount equal to the amount of the deferred fees. County covenants and agrees that it will not nsgotiate the bond unless and until the deferred impact fees become due and payable pursuant to the terms of the Agreement for 100% Deferral of Collier County Impact Fees dated August 4, 1995, and that all monies received by negotiation of the bond shall be applied to the payment of said deferred impact fee obligation owing by Turtle Creek, Ltd. 3. The County hereby covenants and consents and agrees to subordinate its rights, interest and lien pursuant to the Agreement for lOOt Deferral of Collier County Impact Fees recorded in OR Book 2097, Page 908, Public Records of Collier County, Florida to the li~n of the Mortgage and Security Agreement ("Mortgage") from Turtle Creek, Ltd. to Florida Housing Finance Agency in the principal amount of Thirteen Million Dollars ($13,000,000) plus ac~rued interest and all advances authorized under the Mortgage. ! Thi.B Resolution adopted after motion, second and majority vote favoring. !3ame. DA::'E:P~~ ". .. ", AT'I'EST' ",. ',.' , .., c ~ ....., ...' ,,--' '." '. :;" ~ ~"". . :0, Dwight E. Br.ce"'" Clerk tF~,Mr~\~~PI' "'<<;,-::~' . ,,( "r. ' .,' . , . . Appr~ved'as'to .form an le~al sufficiency: BOARD OF COUNTY COLLIER C By: Attorney l-llOZ:n lOOK OOOPAG[157 1 ^ 6 2" ..'ft MAR 2 6 1996~' .~