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Agenda 09/22/2015 Item #16D 4 9/22/2015 16.D.4. EXECUTIVE SUMMARY Recommendation to approve four State Housing Initiatives Partnership Program releases of lien in the amount of $38,956.37 for owner occupied affordable housing dwelling units where the obligation has been repaid in full. OBJECTIVE: To support the affordability of housing through the implementation of SHIP program strategies. CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the County shall defer the payment of the impact fees for any new owner-occupied unit which qualifies as affordable housing. Section 74-401(a) (3) of the Code authorizes the County Manager to enter into a SHIP impact fee deferral agreement with the owner or applicant. Under the SHIP Impact Fee Deferral program, when an eligible applicant is approved for an impact fee deferral, the SHIP program pays the required impact fees in full to the County on behalf of the applicant and defers the SHIP repayment to the applicant until the property is sold, refinanced or no longer their primary residence. The deferred impact fees shall be a SHIP lien on the property and any repayment made on the lien shall be repaid back to the SHIP Trust Fund. The funds deferred for the construction of four residential dwelling units have been repaid in full. As such, the repayment obligation has been fulfilled and a satisfaction and release of the SHIP lien is needed. The following table contains details about the SHIP liens associated with this item. SHIP Lien Payment Official File# Name Property Address Amount Received Records Habitat for Book: 2935; Humanity & 12080 Sitterly Street PG: 1168 02-030-IF (Barbara Naples,FL 34113 $7.698.82 $7.698.82 Recorded: 12/03/01 Bolden) Jose Book: 3593; Luis 5248 Confederate Drive PG: 2732 04-054-1F Lora Naples,FL 34113 $14,589.05 $14,589.05 Recorded: 06/24/04 Roderick Book: 3551; 04-050-IF McDonald & 2927 Andrew Avenue PG: 3903 $10.498.98 510.498.98 Tania McDonald Naples.Fl 34112 Recorded: 04/29/04 Immokalee Habitat for Humanity Book: 2361: 1997 No 5305 Gilchrist Street PG: 0919 File Number (Cumberto $6.169.52 $6.169.5 Hernandez& Naples,FL 34113 Recorded: 11/07/97 Marcelina Hernandez) Total $38,956.37 $38,956.37 Packet Page -1280- 9/22/2015 16.D.4. FISCAL IMPACT: A total of$38,956.37 has been repaid to Collier County and is considered program income and has been deposited in SHIP Grant fund 791, projects 33331 and 33429. Such funds may be reused for eligible SHIP program activities. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign four SHIP releases of lien where obligation have been paid in full. Prepared By: Mandy Moody, Grant Support Specialist, Community and Human Services Division Attachments: Four Impact Fee Liens, Four Satisfactions, SAP Backup documents Packet Page -1281- 9/22/2015 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve four State Housing Initiatives Partnership Program releases of lien in the amount of$38,956.37 for owner occupied affordable housing dwelling units where the obligation has been repaid in full. Meeting Date: 9/22/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Public Services Department 8/26/2015 3:23:09 PM Submitted by Title: Grants Support Specialist,Public Services Department Name: MoodyMandy 8/26/2015 3:23:10 PM Approved By Name: KushiEdmond Title: Accountant, Public Services Department Date: 9/1/2015 1:16:31 PM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc,Public Services Department Date: 9/2/2015 10:08:18 AM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc,Public Services Department Date: 9/2/2015 10:15:51 AM Name: AlonsoHailev Title: Operations Analyst,Public Services Department Date: 9/3/2015 11:46:25 AM Packet Page -1282- 9/22/2015 16.D.4. Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 9/4/2015 4:36:27 PM Name: CarnellSteve Title: Department Head -Public Services, Public Services Department Date: 9/5/2015 11:19:10 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/8/2015 10:42:24 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 9/8/2015 12:08:36 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/8/2015 1:10:58 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 9/9/2015 10:06:37 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/9/2015 10:25:42 AM Name: Casalanb idaNick Title: Deputy County Manager, County Managers Office Date: 9/9/2015 11:20:11 AM Packet Page -1283- l'rep.rtdby: 2894611 OR: 293- 9/22/2015 16.D.4. RECORDED an OFFICIAL RECORDS of C04L1aR cuu�it, rL Patrick C.White 12/01/2001 at 02:I1PX DWIGHT E. BROCK, CLERK Ms•t CoUkr County Airy. RIC TEE 37.56 3301 Tsmismi Trull Est Naples,Fl.34112 Reto HOUSING 4 URBAN IKPROVIIINT INTER OFFICE TO HUI '1h6 spare for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING; DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waiver of -t es is entered into this .L day of 4/. 2001, by and between Collier Count" t 3 litira1 u d ikOlt\of the State or Florida through its Board of County C'ommissit nerC Aereinatter referred tciti.as ',COUNTY, and Habitat for Humanity of Collier County./Inc:/hereinafter Jeferred£to\as "OWNER," collectively stated as the 1 ..Parties... i` '' �, t` ,�� , i "k V/ 4' `R rrdCJ: WHEREAS, Collier Couti'ty Ordinance No 20Q4-13, ah'"Collier County Consolidated Impact Fee Ordinance, as it may\he4ui her amended front tthie>to time hereinafter collectively referred to as "Impact Fee Ordinance,11pcof✓d S 4or''waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing: and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on tile in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S • application and has found that it complies with the requirements fur an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - Packet Page -1284- OR. 2935 Pr:9/22/201516.D.4. WHEREAS, the impact fee waiver shall be presented in lieu of payment o, impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS. pursuant to Section 74-201, E. I.h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE. in consideration of the foregoing Recitals, and other good and valuable consideration, the receiptsacid\,sut a ey t,.._w,1 tek is hereby mutually acknowledged, the Parties covenant and agree/AS f f,fows: \ I. RECITALS INCORPORATED. T„tulore-going Recitals are true and correct and are 77\ incorporated by feferainet herein , C ; l 2. LEGAL DESCRs,1PT1O-hl.7.. .hr:jt a1 des iptiuu..ot the tUWelhing unit and its site plan (the "Dwelling UtIat'),is attached as Exhtf A "xaThi is incorporated by reference herein. 3. TERM, The term of this-Agr ement,t0u' 'Oil/longer than a period of fifteen ( IS) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - Packet Page -1285- OR: 2935 PG' 1170 • 9/22/2015 16.D.4. payments to purchase and pay for the Dwelling Unit will reniuiu wnuuu we affordable housing guidelines established in the Impact Fee Ordinance: h. OWNER is a first-time home buyer; c. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner: d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven 'Thousand Six Hundred Ninety-Eight Dollars and Eighty Two Cents ($7,698.82), as set forth in the attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER further and agrees to comply with the affordable h ' r ti 'c ee ii e tivalification criteria detailed in the Impact F e t finance. < N, 5. SUBSEQUENT rIRANSE -R' tEPAYNTLIT. If�OW\NER sells the Dwelling Unit / -' which is subject" to th Ziptict€ waiver 1 a`°s(7: /st.quc nt purchaser, the Dwelling 4 ' i ld C F; Unit shall be so onli-t4erce34n r h u eholdi4raae.tin&the waiver qualifying criteria S l I4 set forth in the In u..t�,Fee Ordinance. InOe ease kir±aIe or transfer by gift of the Dwelling Unit, the origukal.,OWNER shall remain"liable for the impact fees waived until said impact fees are paid i)fU'I fir u t fie'conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT, The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shalt be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of Seven Thousand Six Hundred Ninet - - 3 - Packet Page -1286- OR: 2935 PG: 1171 �" 9/22/2015 16.D.4. Eight Dollars and Eighty Two Cents (S7,698.82), as set forth in attached E..111 ,11 This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the ('O1 INTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the [)welling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise he superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upo .,.--sat-iNfa tory completion of this Agreement's ; � requirements after ftfttc44SA years mm-ttle'd0.e,of issuance of the certificate of occupancy, or upon,pritirpayment of the waived wmpaet, fees, the COUNTY shall, at / the expense of the' COUNTY, P 'ord--auy neeess try to eMnentation evidencing such f r -fit 77\ payment or release of Piety. ° 3 9. BINDING EFI EC T. 11 Agreement hS]of _run WITIf thdi.thd and he binding upon the Parties to this Agrenndit,and their heirs, sertctisors, tttd,.issigns. 10, RECORDING. This Agreem rit shall be recort4ed�h`y COUNTY at the expense of COUNTY in the Official Rtcor is ti Col1Thc-County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. I I. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the aftiwdable 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 mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period d of fifteen (15) days after mailing of written notice of the violation. 4 - Packet Page -1287- OR: 2935 PG: 1172 9/22/2015 16.D.4. 12. REMEDIES. The following remedies are cumulative with any other right available to the COUNTY: a. Should the OWNER of the property: (I) fail to comply with the said qualification criteria at any time during the fifteen (15) year term: or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the C'OUNT'Y may bring civil action to enforce the Agreement. c. In addition, the lien may he foreclosed, or otherwise enforced by the COUNTY ,dry aift,_..a&i n t ? t1t in law or equity including the forecic>ti x�r1 a mortgage on re.aI iro perty. The COUNTY shall he / f,, 'o. enticed �ti> reca: r al1 Bee nd cos'is, including attorney fees, plus _, , intt.re`R,tit ,tf e,,.statLitt?ry,r€tee or�t�tldgi tts c itlt ulateu on a c.tlendar day h.ttii~°ttnttlta)'rJ i '' t +f IN WITNESS WHF REOF,''tht.. Parties have exei', trd this Agreement for Waiver of Impact Fees on the date and year ttrstAhovey u alter; Witnesses; OWNER: LJC.GO`f HABITAT FOR HUMANITY OF Print Name dh e COLLIER COUN Y, INC. _... ••11, y / �", •rint Name iPlty t��',�Y� 8, - 1G 4- Samuel J. Ddi-so, M.D., President - 5 - Packet Page -1288- VR. 2935 �G�9/22/2015 16.D.4. STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this 7 day of Ath „ 001 by Samuel J. Durso, M.D., President of H. ' . 1 for Humanity of Collier County, Inc. He is personally known to me. / i [NOTARIAL SEAL] ignatu Person Taking Acknowle lgment 41110P,--Li 1:\S-717/ l Na�e of Acknowledger Typed, Printed or Stamped -'a',pfd t3. JEAN ^!"r1H l.0 F,:,: ?::AUK;��r. s COLLIER COUNTY, FLORIDA at 7. By: 1*, ... . glibi _ . THOMAS W. OLLIF *lib. ' ANAGER VIP STATE OF Florida r`` ., COUNTY OF Collier Lif ` . s -•-- ••-.,r� The foregoing Agreement wati`'ucpknowledged ele e me`this ' day of ) ( k/ , 2001 by Thomas W. 011iff, County Myanager,cmibehaf�fof he CUUN11Y He is personally known to me. 1'(ft f�fj cc f :L, e, , . -b [NOTARIAL SEAL] Signatu `,o1;-Parson Taking Atkinowle dgn,►t'nt er''° MARY E.BECK MY WMMISSIeNV•CC 47Mb % � tal v∎, EXPIRES:April 2,.7W Name of Acknowtedger:i ypeti Printed or Stamped Approval Recommended Approved as to form and !ems- I cuff • sncy: ,} , LL Gre hulk, Director Patrick G. White Ho g & Urban Improvement Assistant County Attorney - 6 - Packet Page -1289- • OR; 2935 PG'9/22/2015 16.D.4. EXHIBIT "A" LEGAL DESCRIPTION LOT 15, BLOCK A, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPA -FE+—BR AKIWN ----- .. C X) Type of Impact Fee " =-- ‘: ,' Amount Owed A. Library Impact Fee / � \ $ 214.00 / B. Road Impact Fee 1,825.00 ,, �� C. Parks Impact Fee rE I 820.84 � ' � --- 4 , D. EMS Impact Fee ,7" _Y i 9.00 E. Educational Facilities`Sycteem Impact Fee 1,778.0 F. Water Impact Fee 1.275.0 G. Sewer Impact Fee 1,575.0 H. Correctional Facilities Impact Fee 1 17.98 TOTAL IMPACT FEES WAIVED $7,698.82 - 7 - • Packet Page -1290- i v.. • a�'82" 1(1) 9/22/2015 16.D.4.,,C) cr ..�, /t�► iv 34 , ro Se . A tr _ I" / ti, ?'n _ r• :Sig 6 ra:71).1%10 4111.41116/ A:7 af k.*. / \ 1. 1 'S e 8 Iv alp ,�, p ve t x:A4 01•••, 64.00 8 �, b / . . q �� b a Acit,6 ,46._ ' .., I. °T,,, a ' • _ .,,1---' L'' • / T. 4. ', �' : 1: • LL ,,,,p, a ,,_., \., ,i d,.e v'�' v _ X-' : 1 r 811 11 ,,, . . . , „ , ,.. . .. \ gib ..._ c::. ...3, 6. 1_,,._ ,.._,,,,, . . g....6.1 „aw. 66;, . .,..,,, c- ,....„ „, 614 44' 414, 141P , ° I \ (...r1 ,16. - „ L.,,, . ..tilc>1' ----.J Ct* 0/ CA itb * IV as* 6) -----4'-- .1. Ne ii.L4 5 , .c.. se . , ,.. .000 , Ri • 0-1 k 1 J4, e.. ,,,,, . : 0 . 1 / D Oar Ilk 1 301 'VI two‘o- ' 44 1 i cl) cl % _. • I - Packet Page -1291- 9/22/2015 16.D.4. Prepared by:Mandy Moody Collier County Community and Human Services 3339 E.Tamiami Trail.Building H,1/211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner and holder of a certain Impact Fee Agreement executed by Habitat for Humanity of Collier County Inc., to Collier County, recorded on 12/03/01 in Official Records Book 2935, Page 1168, of the Public Records of Collier County, Florida, in consideration of S7.698.82, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, described in the aforementioned Impact Fee Agreement. The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - , 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Approved as to form and Iegahty: Jennifer A. Belpedio u Assistant County Attorney ^ , e PacketPage -1292- 3427505 OR: , 9/22/2015 16.D.4. RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL l� 06/24/2004 at 10:34AM DWIGHT E. BROCK, CLERK Prepared by: REC FEE 69.50 Patrick G.White Ass't.Collier County Att'y. 3301 Tamiami Trail East Retn: Naples,FL 34112 FINANCIAL ADMIN & HOUSING INTEROFFICE ATTN: LAUREN BEARD(403-2338) File#04-054-IF This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Deferi iP f� 0 Tz pact Fees is entered-into thus Ty `day of June, 2004 by and between Collier County, a politicalr�'sti'division of the State of Florida, through its the Board of ;Con issionrs;ti ie nafter referred to as "COUNTY," and Jose Luis Lora, hereinafter referred to as"QWNER,"'cq ectiyely,statedas the "Parties." � .CLIALS: WHEREAS, Collier,County Ordinance No e2001-12, ther Collier County Consolidated Impact Fee Ordinance, as amended'by 2002-34, and as rt4riay'be further amended from time to P F time hereinafter collectively referred to As°::'I np4et—Fee Ordinance," provides for deferrals of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and WHEREAS, an impact fee deferral agreement may 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 Packet Page -1293- nn 35' 9/22/2015 16.D.4. ]J rV. LW.) WHEREAS, pursuant to Section 74-201, E.1.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. 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 'arties covenant and agree as folics�wsil, �C.Or 1. RECITALS INCORP R K1 ED. The foregoing-Recitals are true and correct and are r incorporated by rtsferencf erein: --S- 2. LEGAL DESCiIPTIO \17he"1egaTlde cripx sianaQf�the° welling unit and its site plan H ate' (the "Dwelling I1.3flit' attaohedfaS chibxt 'A,"1 and is incorporated by reference herein. � ` �. �•w 3. TERM. The term orthis Agreement is for no`longer than a period of fifteen (15) years commencing from they da1eT certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home buyer; Packet Page -1294- 9/22/2015 16.D.4. 011. 352.) r,. LIJ1 c. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of$14,589.05, as set forth in attached Exhibit `B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER until no later than the expiration of the TERM, OWNER further covenants and agrees to comply with the affordable housing impact fee deferral qualification criteria detailed in the Impact Fee Ordinance dunng he i ,Agreement. 5. SUBSEQUENT ; - `. �r , Q T1ZA �F��; REPAYME�T �If OWNER sells the Dwelling Unit N\ which is subject I to the impact •fee deferral to a-lsubsequent purchaser, the Dwelling Unit shall be st:ld`,k l to anS°ro halls meeting the deferral qualifying d 1) \//1 criteria set forth ip the imOctl,Fee Ordnance p In the-case of sale or transfer by gift of ti the Dwelling Unit. the original OWNER shall ire Hain liable for the impact fees deferred until said impact fees are paid in full-or until the conditions set forth in the Impact Fee Ordinance`aid this Agreements-are satisfied. 6. AFFORDABLE REQUIREMENT7—The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the deferred impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Fourteen Thousand Five Hundred Eighty-Nine dollars and 05/100 ($14,589.05), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and Packet Page -1295- OR' 3 c 9/22/2015 16.D.4. J.) rv. Li..).; OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including_pa; „ f fie�", erred impact fees, the COTJNTY cha at the expense of the COUNTY, record an y ee`essary documentation evidencing such $.+/ \ payment, including,bpi not-iimrte to a release Of hen. 9. BINDING ElF 1~hCT ,...Tilis,Agrnent-shallr vvxt'h the land and be binding upon the Parties to this Agreement,Their heirs,siaesstrs ec and assigns 10. RECORDING `-.This Agreement shall fie recorded 1y COUNTY at the expense of • COUNTY in the Ofucial Records of Collier°3Couny, Florida, within sixty (60) days / after execution of this`Agreelfient-by-"-the Cot4nty-'Manager. 11. DEFAULT. OWNER shall be in defy ilt of this Agreement if: a. OWNER fails to sell the Dwelling Unit 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 mailing of written notice of said non-compliance,or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: Packet Page -1296- 9/22/2015 16.0.4. OR: 35,E ru; G i o a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. __c__In addition, the Jiecr-ntayrb foreclosedY_or otherwise enforced by the COUNTY, by€ t-on or suit in law,or�pj city including the foreclosure of a i, mortgage on rea r rty e GOUNT hall be entitled to recover all fees and costs, mclucling _ fps;-p1 interest at the statutory rate for judgments dalculat41 one Galen ar d' y basis-until paid. h c Packet Page -1297- 9/22/2015 16.D.4. OR: 35,j ry; Liii IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: l .' .' Print ame i¢ '"<<. .-1-�j a ____\1-5 ._ I. 2:121" - Jose Luis Lora . .DA_ a .�_1I!_ Lb 4j. •nt Name jea c2 CQrna.e)0 STATE OF FLORIDA) COUNTY OF COLLIER) ----'` The foregoing Agreement o:d. • . ,ore.me this I day of June, 2004, by Jose Luis Lora. They ar -sonall kisIW .:', to me or have provided ' as identification. �,. i / Lt.L-----....„4„, , ,,, yl, 7:1.77,/, ;Y tt. - MMISSIONtD iCis 7! I $f,,, ^� -0' F �I! 1 t t00.� [NO 4 �P�R ES:rbveniber142038 s ature ofTersorY akin t `"t., `e�idTamNory , ,,,„\ g Acknowledgment ' �. , 84iVt, q COLLIE ,CpkJNT,Y, FLORIDA 40 WIRES:Nweniir 1 j 4•�: Badd Tlw Ndr1 Pble _� / i • v1 S V. MUDD, COUNTY MANAGER STAI"E OF FLORIDA) COUNTY i OF COLLIER) .. The foregoing Agreement was acknowledged before me this .)3•`A'day of ,,..t._ 2004, by James V. Mudd, County Manager, on behalf of the COUNTY. He is pers ally known to me. r. , Lauren J. Beard • Commission#DD159084 c �. �. ---6--C__�• [NOTARIAL SEAL Expires:Oct 24,2006 �\ [ :z4„ Bonded Thru Signature of Person-Ta1 ing Acknowledgment "u.," Atlantic Bonding Co.,Inc. iii; •aroved as to form and Re ommend Approv• • su i, :my* . Ilf di ,,,,....„ All Patrick G. hite Denton Baker, Director of Assistant County Attorney Financial Administration & Housing Packet Page -1298- 9/22/2015 16.D.4. OR: 35» rv: L»o EXHIBIT"A" LEGAL DESCRIPTION Jose Luis Lora Lot 10, Block 8, Naples Manor, Unit One, according to the map or plat thereof, recorded in Plat Book 3,Page 57,of the Public Records of Collier County,Florida. EXHIBIT`B" IMPACT FEE BREAKDOWN Type of Impact Fee ` oynt Owed A. EMS Impact Fee //' / B. Correctional Facilities l piferFee �-� -= \ $117:98 C. Library Impact Fee / j( t� !J / ^. . D. Parks Impact Fee ?°° ' .- $L233: $1 I E. Educational Facilities..System Impact Fee =$1'1,77& F. Road Impact Fee G. Water Impact Fees 1 k` '" 4 H. Sewer Impact Fees $2,950.00 TOTAL IMPACT FEES $14,589.05 PGWForms&Agreements/AftHsgn/100%Deferral Agreement(081602 1012) Packet Page -1299- I li POOR QUALITY ORIGLORIGINAL OR: 359 9/22/2015 16.D.4. 3 rU: G I JJ I I ..c , 1 ' �8h I ri .a / \ 4-$2.,'i a..- 1, ., ,J tiff "`—_'"'-'+ P L, fi ' `,. Ito \`FY a► /, T-4•1 ,A . _r P�' �,, \ 4d ' •O li ', a 1. N \ * f \ Sp'r ds Z ! r ~P a t I ,` ♦ i k' 1 '...:, ,, I 7 ,, moo �G.q C �} ;, q -111( el C) E-A i n C .1 O , I.: =4g7 la I , a°:" 1 f w Li ic 4:-.1 Ai z `° a. I z, n f,e6 ,% f o I / ,I< f4 I mod ' 4 \''' �/ Packet Page -1300- °'� ' r� Uce A r 9/22/2015 16.D.4. Prepared by:Mandy Moody Collier County Community and Human Services 3339 E.Tamiami Trail,Building H,#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner and holder of a certain Impact Fee Agreement executed by Jose Luis Lora to Collier County, recorded on 06/24/04 in Official Records Book 3593, Page 2732, of the Public Records of Collier County, Florida, in consideration of 514,589.05, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, described in the aforementioned Impact Fee Agreement. The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA By: By Deputy Clerk Tim Nance, Chairman -- Approved as to form and legality: Jennifer A. Belpedio `wr Assistant County ,' ttornet Packet Page -1301- 3388712 OR; 3 9/22/201 J V6.D.4. V RECORDED in OFFICIAL RECORDS of COLLIER COMITY, !L 04/29/2004 at 10:10AM DWIGHT E. BIOCE, CLERE Prepared by: REC !EE 37.50 Retn: Patrick G.White PIIAICIAL ADMIT i BOHSIMG Ass't.Collier County Att'y. IITEROF!ICE 3301 Tar ianri Trail East ATTI: LAUREN BEARD(403-2334) Naples,FL 34112 File#04-050-IF This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defer .t;- c p pact Fees is entered into this a"aday of April, 2004 by and between Ifii r` County, a politi alesubdivision of the State of Florida, through its the Board of County (ppinissi�oners;llhereinafter referred to as "COUNTY," and F' `; Roderick & Tania McDonald,1,lie ilafte efetrrd tits tins "/OWNER," collectively stated as the f �l� a r t F "Parties." ', " i'� ` ¢ ,., RECITALS: Y AiM v.� WHEREAS, Collier Cdunty,,Ordinance No 20-0-1'.42,.,/the Collier County Consolidated Impact Fee Ordinance, as arnended'ily..2902:34Taii&a,Or may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and Packet Page -1302- 9/22/2015 16.D.4. OR: 3551 WIREAS, an impact fee deferral agreement may 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 WHEREAS, pursuant to Section 74-201, E.1.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support ofs-reatWX,fprdable Housing. ,f' .. . NOW, THEREFORE,iirr,consideration of the oting Recitals, and other good and e, valuable consideration, the Xeceit t iTnd_suffieienGy‘of which is hereby mutually acknowledged, r ~ ;- —�.. , the Parties covenant and agree as` a iws7�� ,` ; cc '7 1 I. RECITALS INC()RPORA 1i The fpregoing_Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION,, The legal description Of/the dwelling unit and its site plan (the "Dwelling Unit") is.attdched° xl3i'61t 'A," and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly Packet Page -1303- 9/22/2015 16.D.4. OR: 355± FG: i 1J payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of$10,498.98, as set forth in attached Exhibit`B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by b:WWor jiiittllio later than the expiration of the TERM, fie:U' U f „ °a OWNER; itir° covenants and\lg?ees to comply with the affordable L':// . housing impact-fee-deferral qu.lificati9n criteria detailed in the Impact Fee Ordi n an oeAttryA g ` �I r er '(.)thin R f gr�f f ea7 5. SUBSEQUENT TRANSFER REPAY EcNT ner k t f If!OWNER sells the Dwelling Unit which is subject Ito the impact fee defefral to a subsequent purchaser, the Dwelling Unit shall be sold,any to persons or hotisehrjd5%meeting the deferral qualifying criteria set forth in the paG:tFee_Ordggi-naiace `'Ii the case 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 full or until the conditions set forth in the impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the deferred impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Ten Thousand Four Packet Page -1304- OR' 35 9/22/2015 16.D.4. Y • Y. Y I Y Y Hundred Ninety-Eight dollars and 98/100 ($10,498.98), as set forth in attached Exhibit `B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any oa {ie ,,less&c;- tenant, mortgagee, or other person, except that this lien shall be,oit"parrty ith any lien, of'Cqunty taxes. 8. RELEASE OF /LIEN, Upon satisfactory',completion of this Agreement's f t ' t requirements, including-pay�mohe�de�red-tpact fees, the COUNTY shall, at if /, 3. ski the expense of the COUNTY record any necessary documentation evidencing such . r I payment, includiip,but not limited to a'release 9. BINDING El.1HC'�:This Agreement shall'run with the land and be binding upon the Parties to this Agreement/ their-heirs,_sueeess©rs, and assigns 10. RECORDING. This Agreenient-shall ie recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay th > o p y e impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. d Packet Page -1305- 9/22/2015 16.D.4. OR: 3551 PG: 3907 12. REI EEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (I) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OWNER to the COUNTY within thirty (30)days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the- Ole A a bring a civil action to enforce the Agreement ° t \ - \ c. In addition, l c- iieu -�paybe ;foreclosed, '''9r otherwise enforced by the r / .� \ COUNTY, by-aetio i rrlad*--or equity`including the foreclosure of a 1 � mortgage on real property `Th4 COUNTY shall be entitled to recover all fees and costsa including attorneys lees, plus iiiterest at the statutory rate for judgments calculated on a calendar day bas;s"until paid. r 1 � Packet Page -1306- OR' 355 9/22/2015 16.D.4. 1 Iv. 4/WV IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: ri,__:_-_-- .__ci Print Name La.,re., Z 6caryl /c �'���%V Roderick McD ald Print Name 4 . •. T D nald STATE OF f=I o r I of s ) COUNTY OF c.,.,11,,, ) -' -0: .. cow, �, The foregoing Agreement, %as`ac nevtledge. fire me this ga" day of at2A,S , 2004, by Roderick & Tania ,MckDoriald. They are"pe,r nally known to me or have provided FL. 'Dr tvts Lac.trs, as identification. , -....J---,, [NOTARIAL SEAL] Si^gna` e ofiPersan ng Acknowledgment Lauren J. Beard , ,�rP��-, COLLIEIZ.'COI.7NTY, FLORIDA _'.1? . Commission#DD159084 �. Expires:Oct 24,2006 ''E'oF �-;' Bonded Thru -Y ` / Atlantic Bonding Co.,Inc. B "---. S V. MUDD, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this c;9 0-- of (`T'"`_`• , 2004, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. Lauren J. Beard � - i 4 ' -Commission#DD159084 [NOTARIAL SEAL . ; Expires:Oct 24,2006 Signature of Person T •ng Acknowledgment "'?oi o Bonded Thru ''I W O Atlantic Bonding Co.,Inc. :.roved . to form and Reco end Approval ig. of.c'■ cy: , Patrick G. White Demon Baker, Director of Assistant County Attorney Financial Administration & Housing A Packet Page -1307- OR' 35' 9/22/2015 16.D.4. Ku, hJV7 EXHIBIT"A" LEGAL DESCRIPTION Roderick & Tania McDonald LOT 56, HALLANDALE SUBDIVISION,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 25,OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT`B" IMPACT FEE BREAKDOWN R �� 'e.. Type - ?fie P`ti Impact Fee , F YPe of Im P ,,. --`°Anmttnt)Owed A. EMS Impact Fee 't; $99 O0�, / B. Correctional Facilities,Irn act F ` -` ' C. Library Impact Fey d '--m' $214.00. D. Parks Impact Fee $1;,23306 E. Educational Facilities`Sy%stem Impact Fee ,$1,77$°00 F. Road Impact Fee - ° $44194,00 G. Sewer Impact Fee $2,950.00 H. Water Impact Fee (City fee) $870.00 TOTAL IMPACT FEES $10,498.98 PGWForms&Agreements/AffHsgn/100%Deferral Agreement(081602 1012) Packet Page -1308- 9 9/22/2015 16.D.4. LOT 56, HALLANDALE SUBDIVISION •4°- N90'00'00'E 50.00'(R) u LEGEND 5' UE •- FOUND P.K. NNL — — — — — •. FOUND 5/8- IRON PIN •- SET DRILL HOLE •- CONCRETE MONUMENT A- SET PK NNL S- IRON PIPE [!..I o- SET 5/8" IRON PIN NOTE:MOOD PRAVE PUI AM) EOP - EDGE OF PAVEMENT DECK ON PROPERTY TO BE RE],AED 4'- EXISTING ELEVATION F ■ FIELD MEASURED END -CONCRETE SLAB SCALE r .. 20' .1.ISsag dC s' 4. 4. y * 01. 8.2 lit y ' '� Y I ,�• 3 0 g CM 0 crTIP 2:'i - OP"6P-' l o' a LOT 55 - LOT 56 LOT 57 II—t -"`_�"----.,... ■.9 (VACANT) • Lel CERTIFICATE p ` �L _ '.� r ` C.-A f r. ..i,. r .N w RODERICK AND TANIA MACDONALD -moo \ o CG ANTHONY P. PARASCANI3b CONSTRUCTION, INC. ° ° 0 MARKET STREET MORTGAGE,CORP. , 4"- ;_'�; ISLAND TITLE GUARANTEE A ET4C1, INC...,, 1 b �''‘ b iic AMERICAN PIONEER TI NSU CQ�,AE p,_; �' o ♦C ' .rte.."",z. , .-. w k-Y ilc 1 r'' 1'\I( ¢ \ . II, \ t,j'1 1n A SURVEY OF THE IETDON Ef9CIHD PROPERTY 'p f ''t 1 , �- RAS WOE Ow WIOR37Ra WOAD OR NESF' `'. " 3 O'ter mamma N o BiLEE'EFTS.THE lW i, ti !f i „- ' 1 ICM STM✓DYbSVPER come:NC17.4 FA.C.PURSUANT TO SECTION 4721197/41DRIEN !-^®^° •..."^ STATUTES_NO OTHER FIDE'OR FJITRY WY ROM 1`m '_..,m N, ON T S SA'IEY.NO AB"fRAGYAILS REVIEWED.NO CI NF1.VN WTTc'N,PSII: ,, ,E . FlDfL04 RCf�IRATW("y1DG - �""--,.„„ .. . �,, 1115 CERTIFICATION IS O OI LT F THE W WITS Jr DFSOi10ID HEREON.R IS NOT A CURRICATTON R" S90.00'00'1V 50.00'( • OF TITLE IO•EC OE FIEIDOY OF ENCU BIWICES.ABSTRACT NOT IIATB*D AT TaE OF SONEY. Tx Q 41 �_ ANDREWS AVENUE . cg C x N90'00'00'E 245.24'(R) (80' RAT) (LIMEROCK ROAD) al LEGAL DESCRIPTION BASIS OF BEARINGS: LOT 56 HAL ANDAL.E SUBOMSION AS RECORDED REARMS BASF) ON THE CEMERLWE OF IN PLAT BOOK 4 PACE 25 OF THE PUBLIC ANOREIYS AVENUE BEING N 9 0000' E. RECORDS OF COWER COUNTY, FLORIDA. THE PROPERTY SHOW HEREON LES W FL000 ZONE AE ELEVATION P FEET PER FEIN COIWUNTTY PANEL NUY@R 120087-0342-E. DATED AUGUST 3, tD92 BOUNDARY SURVEY '�c1 PaRascaNDO '-- �\ MEL HATTON /CONSTRUCTION 10SUBDIVISION 56. Hx'L ILANDALI r PROFESSIONAL LAND SURVEYOR 9808 EXCHANGE AVENUE, NAPLL4, FLORIDA. 34104 S rr. (230) 430-1404 mow 1 - I n.aP' Y T-.m. r ' , 211BB (0mm•nc,Ld%' Packet Page -1309- 9/22/2015 16.D.4. Prepared by:Mandy Moody Collier County Community and Human Services 3339 E.Tamiami Trail,Building H,#211 Naples.FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner and holder of a certain Impact Fee Agreement executed by Roderick McDonald & Tania McDonald to Collier County, recorded on 04/29/04 in Official Records Book 3551, Page 3903, of the Public Records of Collier County, Florida, in consideration of 510,498.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, described in the aforementioned Impact Fee Agreement. The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Tim Nance, Chairman Approved as to form and legality: I�I Jennifer A. Belpedio Assistant County `2 ttorney -.. Packet Page -1310- _r 9/22/2015 16.D.4. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this flay of D-,-. 1997, by and r., - Fi e between the Board of County Commissioners of Collier County, Florida, hereinafter referred to a as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." S F WITNESSETII: lo � a WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as i amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County j o d.1 .o CP Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; — N Collier County Ordinance No. 88-96, as-att'ietidei, tlae.,Collier County Parks and Recreational OD CO .rte x �. nom_�_.. . Facilities Impact Fee Ordinance;. ler-County OrcTmance No. 91-71, as amended, the Collier Pe o County Emergency Medical Sery ces-Sy-stem Impact Fee Ordinance; Collier County Ordinance _ r r , V •.r O N No 92-22, as amended, the Collter1Co y R-Old....Ltnpa t Fee Ordinance; and Collier County Q o rn t err ! tidy -■ Ordinance No. 92-33, as amended the Collier CouiWy ducational Facilities System Impact Fee r Ordinance, as they may be further amended from time to time hereinafter collectively referred to o PM 7013 as "Impact Fee Ordinance", pro-Vide for waivers of impact fees...for:new owner-occupied dwelling r unit qualifying as affordable housing,and.... WHEREAS, OWNER has applied-for a'waiver of impact fees as required by the Impact . R w w Fee Ordinance, a copy of said application being on rile in the office of Housing and Urban .. i 1 Improvement; and WHEREAS, the County Manager or his designee has reviewed the OWNER's application ° ° and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the impact Fee Ordinance; and WHEREAS, the impact fee waiver 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 waiver; and - I .a Packet Page -1311- I f .:,,,- i -...:, WHEREA.S, the CCA;NTY approved 4 --xar,-tti- c-F., Impact fees for OWNER entibtidicil Resolution No 97-,yzef at its regular meeting of '"--1:_i i"--/...44-44-4._4/ . I 9c.i7. and 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 t• agree as follows: i 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 unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing _.— ..... and shall be offered for sale in accordance-with-theTStandards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate • . ,.._. ,.,,. of occupancy is issued for the Dwellihrg-Unit,....___.„.._...... .., ,..... 4, REPRESENTATIONS AND WARRANTIES-7-OWNER reprtsents am..i. ki;arrant: tht-2 ..... followin.a: . _.. ..—.< .,.,. The Dwelling Unit shall be sold to a household woh a very lov: it%:(1111(: , - defined in the appendices to the impact Fec ordinance and ri ,.c,'n,,': L',.....4. t- '11 t......h monthiy payments to purchase the Dwelling f. iiii shall bc wi:nin try: --... . affordable housing imidelines-esniblished in Ole ;77iir ': L'. t r''' Hln:'." - - r",.....). :11:; -1:1 snaE :--- lh,...: ::.,.,n.f.„:: :::/i ,:;,.! :.,-,,--• :-.. z,...r,...: i-, .,..,:,, ,;:i.i. ,,ii..u,:,:i: i ,,,,,L,., , ,,, '".:"4:: TIYTh :Hr,',- '..:',,;1,';if ':1'z' ::::::,,.--..,:,:,,, :. :y,-,2L:z],iL;;: :,, :;_-_.,,,,:: , _,,; •,,i--:_ : -, _,.-;,,,. r 1 i 1 - -• — 6-- i---;7-, L,.-:',-.::-7 f.:,: 7..'AL irr„"a,..., ,,,-:,-,'::_ . i 9/22/2015 16.D.4. OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which ^1►entay'� ti .,foreclosed upon in the event of non-compliance with the requirements:of this Agreement. 8. RELEASE OF LI€N4. „Upon smithetory `completion of the Agreement requirements and fifteen (15) years at er the date of y aric rssu. e 6rthe certificate of occupancy, or upon payment of the waived irnpactyfees theiCOUNTY shall, at the iexpense of the COUNTY, C) record any necessary documentation evidencing the termination off the lien, including, but not Pas limited to, a release of lien. 9. BINDING EFFECT. This Agreement s � ....A hall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the - case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for `n�a t--..A the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. in addition, this Agreement shall run with the land and • shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) 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 sell the Dwelling Unit in accordance with the affordable housing standards and - 3 - Packet Page -1313- . 9/22/2015 16.D.4. qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, 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 the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement,the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any tne,iien for County taxes and shall be on owner, lessee, tenant, mortgagee, or,ottte;( ti"ti_e�.�,K Y parity with the lien of any such,_County taxes. Shotild4e OWNER be in default of this Agreement and the default is noy curedAvithiliM)--xiilys not cu after,written notice to OWNER, the Board may bring a civil action to/enforce fthis\a eenaent Ineaddttton the lien may be foreclosed or otherwise enforced by theCOUNTY',,by--acxtanq sutt .in,.equtty ias for the foreclosure of a o mortgage on real property This remedy is cumulative with any:sither right or remedy available to the COUNTY. The Board shall be,.entitled to recover ali ,fees and costs, including attorneys cr. HE. fees, incurred by the Board in enforcing hts:;a reement .plus interest at the statutory rate for ^te judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver c`s of Impact Fees on the date and year first above written. Witnesses: OWNERS: IMMOKALEE HABITAT FOR t Name ( , c HUMANITY, INC. ) �. 1, PyInt Name-,/L t1/) ,�).4;1th, E (4` ( l I. Vharles C. Smith, Vice Presid nt - 4 - Packet Page -1314- 9/22/2015 16.D.4. DATED: /1,79y BOARD OF COUNTY COMMISSIONERS ATTEST„ l• COLLIER COUNTY, FLORIDA LIWIGHT'E. BLOCK, Clerk om �,, imothy 14. Hancock, Chairman Approl;eiNi.to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF Florida } t COUNTY OF Collier The foregoing instrument was-acknowledged before me\this, �' day of 'Y1 .r t. _ , 1997, by Charles C. Smith, Vice President o1Tittmoka1ee I-tabitat for Humanity, Inc. He is personally known ..�-^tee,.e .-+.--.••.—••...., to me. • rod \ [NOTARIAL SEAL] Signal `a'of Person Taking Acknowligment �-- Name of-A`ckno -ledger Typed,P.r nt! or Stamped � ... ..�IF -t� 'i.C•gfZ3E to id/gnvc/naples manor lakes/agree G Packet Page -1315- [ j _ 'Z) EXiiiBiT LEGAL DESCRIPTION LOT 39 OF BLOCK 13, NAPLES MANOR LAKES, ACE'ORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY Fi ()PIDA - - ,„--- - - ... 14. I.e. PV. .. ,, r...i. I l'tZt CI ., .. :`,....,' 1 ':- '*`i,Yr,.:7,,,,r,,i1,,laZag.-111,;- :,'VT,'.. ''L,N40Y■ttrix.t4" ,-..',4,$;,-1.>`444%0V,-4.'`.1-`-4'14' -,''t,''',' ^"t' ''''-'1 '"- ;"I'' '-- '--.. , '''.'. '-,-" ''` ' ' ' '-, ' 2' ., ., . . 9/22/2015 16.D.4. Prepared by:Mandy Moody Collier County Community and Human Services 3339 E.Tamiami Trail,Building H,#211 Naples,FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner and holder of a certain Impact Fee Agreement executed by Immokalee Habitat for Humanity of Collier County Inc. to Collier County, recorded on 11/07/97 in Official Records Book 2361, Page 0919, of the Public Records of Collier County, Florida, in consideration of 56,169.52, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, described in the aforementioned Impact Fee Agreement. The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - 201 5. Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY. 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