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Resolution 1996-214 MAY - 7 1996 RESOLUTION NO. 96- 214 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AMENDING RESOLUTION 96-150 TO REFLECT THE INCREASED MORTGAGE AMOUNT FROM THE FLORIDA HOUSING FINANCE AGENCY FROM $13,000,000 TO UP TO $13,500,000; AUTHORIZING THE SUBORDINATION OF LIEN FOR IMPACT FEES FOR TURTLE CREEK APARTMENTS, A 268 UNIT AFFORDABLE RENTAL HOUSING PROJECT. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housinq 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; 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 impact an fee deferral for $1,276,355.36 embodied in Resolution No. 95-479. WHEREAS, on March 26, 1996 the Board of County Commissioners granted an amendment of Resolution 95-699 as Resolution 96-150. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COKKISBIONERS OF COLLIER COUNTY, FLORIDA, THAT: &DDK 000 PAGE 113 ~.~"~~~._._-~--~-,~.~.,~,.. MAY - 7 1996 The Board of County Commissioners hereby acknowledges and agrees that: 1. In compliance with the provisions of the Collier County Impact Fee ordinances, Turtle Creek, Ltd. has demonstrated to the County that a subordination of the County's rights, interests and lien is necessary to obtain financing for Turtle Creek Apartments, an affordable housing project consisting of two hundred sixty-eight (268) multi-family dwelling units; and 2. In compliance with the provisions of the Impact Fee Ordinances, the Owner will deliver to the County substitute 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 the County the full amount of the deferred impacts fees, i.e., the sum of One Million Two Hundred Seventy-six Thousand Three Hundred Fifty-five 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 Bond 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 negotiate 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 1995, and that all moneys 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 100% Deferral of Collier County Impact Fees recorded in OR Book 2097, Page 908, aDDK 000 PIG[ 114 ".....""""'=-_~-__._,.,.......",..._~__--r__._.__,.___.._~._.._. MAY - 7 1996 Public Records of Collier County, Florida to the lien of the Mortgage and Security Agreement ("Mortgage") from Turtle Creek, Ltd. to Florida Housing Finance Agency in the principal amount of up to Thirteen Million Five Hundred Thousand Dollars ($13,500,000) plus accrued interest and all advances authorized under the Mortgage. This Resolution adopted after motion, second and majority vote favoring same. DATED:~A} ;', .,," I',!,', ".'ATTEST':, ", " Dwight' ;:~, (.Br"ck, . "/', ('" " " , Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA " " 'Ap roved a~"to form "''''!1~" ,1~W~,1"';mf f iciency: ~ ~J~li~~~JiliL~ Assistant County Attorney doc 183112 . ~OOK 000 PA>t115 -,~.,-_...~.,...._,,''"'~~".~..._._.-------,._---~~~"_._-~-~,..~.--,