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Agenda 12/08/2015 Item #16D 3/�—N, 12/8/2015 16.D.3. EXECUTIVE SUMMARY Recommendation to approve three releases of lien for full payment of deferral of 100 percent of countywide impact fees for owner - occupied affordable housing dwelling units. OBJECTIVE: To support the affordability of housing in Collier County through the Collier County Impact Fee Deferral Program. CONSIDERATIONS: Pursuant to Section 74-401 of the Collier County Code of Ordinances, the County shall defer the payment of the impact fees for any new owner - occupied dwelling unit which qualifies as affordable housing. Section 74- 401(3) of the Code authorizes the County Manager to enter into an impact fee deferral agreement with the owner or applicant. The deferred impact fees shall be a lien on the property and agreement shall be accepted by the County in lieu of prompt payment of the impact fees that would otherwise then be due and payable but for the agreement. The impact fees deferred for the construction of the below residential dwelling units have been repaid in full. As such, the repayment obligation has been fulfilled and releases of lien are needed. The following table sets forth the details associated with this item. Name Property Address Payoff Amount Official Records Public Record Myrlande Accime 10287 Kingdom Court $13,981.67 OR Book: 4748, PG: 3425 Bryan Lee & Kristine L. Lee 4520 Botanical Place Circle, #203 $ 7,158.27 OR Book: 3975, PG: 2299 Alvaro Figueroa 4500 Botanical Place Circle #105 $ 7,158.27 OR Book: 3976, PG: 2741 Total $1,789.57 $28,298.21 Countywide FISCAL IMPACT: Collier County impact fee deferral funds in the amount of $28,298.21 have been repaid and have been deposited to the individual impact fee trust funds as required. Property Owner Impact Fee Assessed Interest Total Deferral Type Myrlande Accime $13,981.67 $2,617.57 $16,599.24 Countywide Bryan Lee & Kristina L. Lee $ 7,158.27 $1,788.50 $ 8,946.77 Countywide Alvaro Figueroa $ 7,158.27 $1,789.57 $ 8,947.84 Countywide Total $28,298.21 $6,195.64 $34,493.85 Packet Page -804- i 12/8/2015 16.D.3. GROWTH MANAGELA T IWACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDER DONS: 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 three releases of lien for full payment of deferral of 100 percent of Collier County impact fees for owner - occupied affordable housing dwelling units. Prepared by: Wendy Klopf, Operations Coordinator, Community and Human Services Attachments: CWIF Release Accime CWIF Release Figueroa CWIF Release Lee CWIF Accime CWIF Figueroa CWIF Lee Receipt Accime Receipt Figueroa Receipt Lee 12/8/2015 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.3. Item Summary: Recommendation to approve three releases of lien for full payment of deferral of 100 percent of countywide impact fees for owner - occupied affordable housing dwelling units. Meeting Date: 12/8/2015 Prepared By Name: KlopfWendy Title: Operations Coordinator, Community & Human Services 10/28/2015 2:28:46 PM Submitted by Title: Operations Coordinator, Community & Human Services Name: Klopf Wendy 10/28/2015 2:28:48 PM Approved By Name: KushiEdmond Title: Accountant, Community & Human Services Date: 11/2/2015.9:51:18 AM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Community & Human Services Date: 11/4/2015 1:39:09 PM Name: Bendisa Marku Title: Supervisor - Accounting, Community & Human Services Date: 11/5/2015 7:34:45 AM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Community & Human Services Date: 11/5/2015 12:33:03 PM Packet Page -806- Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 11/9/2015 2:45:55 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/13/2015 2:17:25 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/16/2015 8:32:03 PM Name: PattersonAmy Title: Division Director - IF, CPP & PM, Capital Project Planning, Impact Fees and Program Management Date: 11/17/2015 9:38:36 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/17/2015 4:24:53 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 11/18/2015 10:17:05 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 11/19/2015 9:28:57 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/19/2015 10:35:40 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/19/2015 11:50:58 AM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 11/20/2015 8:55:56 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/20/2015 10:40:13 AM Packet Page -807- 12/8/2015 16.D.3. Packet Page -808- 12/8/2015 16.D.3. 12/8/2015 16.D.3. Prepared by: Wendy Klopr Coilier County Community and Humml Services 3339 fi. Tamiami Trail, IJuiiding K #211 Naples, FL 34112 F0X REMKOING RELEASE OF .LIEN KNOW ALL MEN BY THESE -PRESENTS: That. Collier Cotur>y, whose post Office address is 3299 E. Tamiami Trail, NapIcs, Florida 34112, the owner($.) and ..older(s) of a Certain Lien Agreement for Deferral of 1000/6 of Collier County: -I npaot Fees for Owm Occupied Affordable- Housing Dwelling Units (the "Impact Fee Lien") executed by 13glande Accime to Collier County, recorded on 12/22!201 ! in Ot'icial Records ,Book 44_, Page � of ttie Public, Records of Collier County, Florida, in considerration of $U., ptus ii►tetest, apt of which is hereby acknowledged does satisfy, remise, relem, quitclaim, exonerate and .discharge the Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as follows: Lot 15, Regal Acres, according to the plat thereof, as recorded in Plat .Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida. The undersigned is authorized to and does hereby satisfy and 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 T'un Nance, Chaimlan Approved as to foam and legality: Jennifer A. Belpedio Assistant County Attorney CN� o Packet Page - 809 - 12/8/2015 16.D.3. Orcpared hy, Werdy Mop[ U'fffer t;txmty Conimun:iry and Human Services 3339 ts.'I'amiami Trall, Building H, 0211 Naples, Ft, 34112 TO FF'AC'E FR R.E'M IN'C} RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 F. Tmik, .4116p es, Vk,,5rkda 341:2, the < vWvt - -W IM4 batderks} of a Qmz:tu Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable i Housing Dwelling Units.(the "Impact Fee Lien ") executed by Alvaro FgpSroa to Collier County, recorded on 02,103/2006 in Official Records Book 3476, Page 2M of the Public Records of Collier County, Florida, in consideration of S7-, 158.27 plus interest,.receipt of which is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as follows: tiN rr l 03, I3L ILO ING 4, BOT4WCAL PLACE', A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. The undersigned is authorized to and does hereby .satisfy and release this Lien with respect to the above- marred property, and consents to this Lien being forever discharged of record with respect to said property. 'This Rc{case of Lien was approved by the Board of County Commissioners on - ____.._____._..._ 2015, Agenda Item Number _ ATTEST: DWIGHT S. BROCK., Clerk By: _ . Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tim Nance, Chairman Approved as to form and legality: 7eaanifer A. Belpedio Assistant CountyAttomev Packet Page -810 12/8/2015 16.D.3. Prepared by: Wendy Klapf Collier County Community and Human 5ervk= 3339 E. Tamiami Tmil, Building H, #211 !vxples, FI, 34112 TMS SPACE FOR.RECO*,DMG RELEASE OF MEN KNOW ALL MFN BY THESE PRESENTS: That Collier Coutty, whose .post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien Agreement for Deferral of 100 % of Collier. County: Impact Fees for Owner Occupied Af%rdable Housing Dwelling Units (the "Impact Fee Lien ") executed by a= Igo &Krrigma► L, Lee to Collier County, recorded on 02/01/2006 in Official Records Bonk 39Z . Pop = of time Public Records of Collier County, Florida, in, consideration of $,7,15827 plus interest, receipt of which is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as follows: UNIT 203, BUILDING 2, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC RECORDS OF COLLIER COUNT', FLORIDA. The undersigned is authorized to and does hereby satisfy and release this Lien with respect to the above -named property, and consents to this Lien being forever discharged of rea:ord with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - 2015, Agenda Item Number ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ny: Tuc Nance, Chairman Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney �O `Q\ Packet Page -811- i INSTR 4640427 OR 4748 PG 3425 RECORDED 12/22/2011 8:52 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 Return to Priscilla Doris Collier County HHVS 3339 B. Tamiami Trail Naples, Florida 34112 File# 10- 113 -IF 11 -03 -11 A09:40 IN 12/8/2015 16.D.3. This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 13th day of December, 2011, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Myrlande Accime" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the ,tat i 1. This Lien Agreement is rsuant to Chapter Code of Laws and Ordinances of Collier County, Florid , kn as eer ounty on lidated Impact Fee Ordinance" (Ordinance). In the ve c m t, the terms of the Ordinance shall apply. 2. The legal description e 11 ���the �i "A." 3. The term of this Agree ` is from the date se4ph, b til the impact fee is repaid. 4. The amount of the impac ' t e erred shall be e COUNTY in full upon: a) the sale of the dwelling unit; b) the ig welling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit `B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eighty -One and 67/100 Dollars ($13.981.67). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty-five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a Iien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the 1 Packet Page -812- OR 4748 PG 3426 6. 7 12/8/2015 16.D.3. County. The deferrals of impact fees and this Agreement shall run with the Iand, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, this lien shall 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. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce th �declare that the deferred impact fees are then in default and im all fees and costs, incl this Agreement, plus i a calendar year basis 8. This Agreement is tht herein, and shall be bii 9. This Agreement shall COUNTY. shall be entitled to recover fee and costs, c d by the COUNTY in enforcing z k i� statut ry r to for judgments calculated on upon the OWNER worded in the offs ON �, �11N IN WITNESS WHEREOF, the above written. zp Approved as to form..' and le sufficiency: Je E. Wright A N County Attorney the ies respect to the subject matter ' suc 7F4pf d assigns in interest. % r the County at no cost to the Agreement on the date and year first BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: W. FRED W. COYLE, CHA AN 1a /131d011 Recommend Approval: Q d t - —4��- Kimberley Grant Interim Director Housing, Human and Veteran Services Packet Page -813- Oa ,r'1 OR 4748 PG 3427 WITNESSES WitneWs: P nt Name STATE OF FLORIDA COUNTY OF COLLIER The 2011, by_ 12/8/2015 16.D.3. OWNER: 61/4,41 Xd a '4L kj��Li�� -mac Me Accime OWNER: this ,Z day of 0,4 c-tY, L,- r , N,known to me or has produced 3 Packet Page -814- * ** OR 4748 PG 3428 * ** 12/8/2015 16.D.3. EXHIBIT "A" LEGAL DESCRIPTION Lot 15, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10287 Kingdom Court, Naples, Florida 34114 EX HBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee ����� T ' YP P A. EMS Impact Fee B. Correctional Fac' itie p e C. Library Impact F D. Community Parks t Fee E. Regional Parks Impac F. Educational Facilities System G. Government Building Impact Fee H. Law Enforcement Impact Fee I. Water Impact Fee J. Sewer Impact Fee TOTAL IMPACT FEES �t F Packet Page -815- Amount Owed $ 116.06 $ 190.61 $ 424.14 $ 862.50 $ 1,298.26 $ 3,343.68 $ 482.59 $ 193.83 $ 3,575.00 $ 3,495.00 $13,981.67 4 n �1 3778874 OR; 3'' 12/8/2015 16.D.3. 13CORDID in OPPICIAL HCORDS Of COLLIBR COUM, PL 02/03/2006 at 09:55AK DY GK 3. BIOCL, CL31[ 13C P33 69.50 Prepared By: lets: Lauren Bard COLUIR COMP 031 Collier County OSH I3T31011IC3 2800 N. Horseshoe Drive UMI BEARD 103 -2336 Naples, FL 34104 File# 06 -0404F This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING UNITS This Agreement for the Lou L, 2006, by and Florida, through its the Boaz of and Alvaro Figueroa, herei fte}, 10' act Fees is entered into this day of ,--- Collier Coun �a' itical subdivision of the State of ,o , he in er referred to as "COUNTY," ." ti Iv stated as the "Parties." WHEREAS, Collier ty Ordinance No. 0 Oa ified in Code of Laws and Ordinances (Code) as Section o , established an A e Housing Impact Fee Deferral Program (Program); and such re ate y referred to as the Impact Fee Ordinance," which 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 Page I of 7 Packet Page -816- OR' 3c 12/8/2015 16.D.3. -- - -- —. -- 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 WHEREAS, pursuant to Code Section 74 -201, E.1.b. of the Impact Fee Ordinance, 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 co tnCo oregoing Recitals, and other good and .L valuable consideration, the rece' ufficiency o i . hereby mutually acknowledged, the Parties covenant and agr as 1 1. RECITALS INC ital are true and correct and are incorporated by n e ei . 2. LEGAL DESC N. The legal desc ` do of welling unit and its site plan (the "Dwelling Um ti ttached as Exhi i d is incorporated by reference herein. C 3. TERM. The term of this Agreement commences from the date the certificate of occupancy is issued for the Dwelling Unit until repaid. Repayment occurs upon the sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. 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 Page 2of7 Packet Page -817- n . 1 12/8/2015 16. D.3. OR. 3_. _ - -• _ 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 Seven Thousand One Hundred Fifty -Eight dollars and 27/100 ($7,158.27), as set forth in attached Exhibit "B," incorporated by reference; and e. In return for the �Q ferrmg repayment of 100% of the impact fees owed C than the expiration of the TERM, O enants and a s comply with the affordable housi g ' ee al i icatio crit ria detailed in the Impact Fee Ordi an n. a -e o s ennt 5. SUBSEQUENT. SFER; REP A NT. If R sells the Dwelling Unit which is subject t mpact fee de fe o quent purchaser, the Dwelling Unit shall be sold o ons or s meeting the deferral qualifying criteria set forth in the Impact ce. In 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. Repayment occurs upon the sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 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 Page 3 of 7 Packet Page -818- OR: 3916 12/8/2015 16.D.3. 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 Seven Thousand One Hundred Fifty -Eight dollars and 27/100 ($7,158.27), 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, th R OUNTY'S lien rights and interests arising Q under this Agreement c iate inferior, and subordinate to each first mortgage on e D nit. Except as is here noted in this Agreement, and regardless o Los e firs mort a other security interest, such lien shall othe se pe o d t th int rest in the Dwelling Unit of H any owner, lesse n ife ant, mortgagee, or er p rso cept that this lien shall be on parity with any lie ounty taxes. c �� 8. RELEASE OF LIE sati mpletion of this Agreement's requirements, including payme erred 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. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of OWNER 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 Page 4of7 Packet Page -819- n OR 3.12/8/2015 16-D-3. 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: 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 provisio Bement, then the dollar amount of impact fees deferred tai in R to the COUNTY within thirty (30) days cation of said 'olat n. b. Should e b in de ul of this Agreement, and the default ' n c ed s �e mailing of written notice to the O the COUNTY ay rin civil action to enforce the Agreemen �0 c. In addition, i b or otherwise enforced by the COUNTY, by action w or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Page 5 of 7 Packet Page -820- QR; 39 12/8/201516.D.3. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: Print Name r L . A ,dlhZ� Print Name MTi(I G A- _L. TO/Apxl,1 STATE OF r COUNTY OF The foregoing Agreement 2006, by Alvaro Figueroa. 116 E1pYN dIMM [NOTARIAL SEAL] �o STATE OF FLORIDA) COUNTY OF COLLIER) - ) 31- Alvaro Figueroa are as i me this day of U town to me or have provided FLORIDA C -5& v`"` . MUDD, COUNTY MANAGER The foregoing Agreement was acknowledged before me this —a2� day of Fe &, 2006, by James V. Mudd, County Manager, on behalf of 4OUNTY. He is personally kno to me. [NOTARIAL SEAL] Signature of Person Takind Acknowledgment A p o form and Recommend Approval al u iency: Je y a kow D nton Baker, Director of As t County Attorney Operational Support & Housing Lauren J. Beard Page 6 of 7 = = Commission #DDIS9084 a, Expires: Oct 24, 2006 Packet Page -821- ''Fang ` Bonded Thru ` Atlantic Bonding Co., Inc. rao 110� n OR: 397 _12/8/2015 16.D.3. EXHIBIT "A" LEGAL DESCRIPTION ALVARO FIGUEROA UNIT 105, BUILDING 4, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" POW Approval 11/07/05 Paae 7 of 7 Packet Page -822- IMP OWN Type of Impact Fee Amo ed A. EMS Impact Fee $93.0 B. Correctional Facili 'es ac e 1 C. Library Impact Fe $ 0 D. Community Parks Fee 1. E. Regional Parks Impact $ � - F. Educational Facilities Syst%'j .00 G. Road Impact Fee $2,662.00 H. Government Buildings Impact Fee $159.01 I. Sewer Impact Fee $2,010.00 TOTAL IMPACT FEES $7,158.27 POW Approval 11/07/05 Paae 7 of 7 Packet Page -822- OR: 39 12/8/2015 16.D.3. . D*W& F— -w„»om Packet Page -823- 3 777665 OR; k 12-.- /8/2015 16.D.3. RBCORDBD io OIiICIAL RBCORDS of COLLIBR COOKS?, FL 02/01/2006 at 02:40PK MGBT B. BROCK, CLBRI RIC IBB 69.50 Return to: Reta: Lauren Beard IRTBROIIICB/L MI BU RD Collier County OSH COLUIR CCU" 081 2800 N. Horseshoe Drive. 403 -2338 Naples, FL 34104 File# 06- 053 -IF This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING UNITS This Agreement for the January, 2006, by and betweer. through its the Board of C Bryan & Kristina L. Lee hey "Parties." WHEREAS, Collier KO lI act Fees is entered into this 11 day of linty, a po bdivision of the State of Florida, i oner,S eina r ferred to as "COUNTY," and —''=CIE collectively stated as the Al-� �-+ RECANo. Ordinanc 4 codified in Code of Laws and Ordinances (Code) as Section 7 , �rdable Housing Impact Fee Deferral Program (Program); and such collectively referred to as the "Impact Fee Ordinance," which 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 Page 1 of 7 Packet Page -824- OR: �► 12/8/201516.D.3. • . we •.vvv 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 WHEREAS, pursuant to Code Section 74201, E.l.b. of the Impact Fee Ordinance, 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 valuable consideration, the recei the Parties covenant and agree as 1. RECITALS IN O incorporated by 2. LEGAL DESCR (the "Dwelling U 'f herein. Recitals, and other good and hereby mutually acknowledged, irm 04citals are true and correct and are � H N. The legal des ' do o t dwelling unit and its site plan attached as Ex lub d is incorporated by reference 3. TERM. The term of this Agreement commences from the date the certificate of occupancy is issued for the Dwelling Unit until repaid. Repayment occurs upon the sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. 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 Page 2 of 7 Packet Page -825- OR: 39.12/8/2015 16.D.3. 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 Seven Thousand One Hundred Fifty -Eight dollars and 27/100 ($7,158.27), as set forth in attached Exhibit "B, incorporated by reference; and e. In return for the C eferring repayment of 100% of the impact �Q fees owed 89" un ' than the expiration of the TERM, OWN ,_ er covenants and a s o comply with the affordable housing iftact fee­def r, 1 ual�tioc� criteria detailed in the Impact Fee Q g 5. SUBSEQUENT N FER; EPAY N If ER sells the Dwelling Unit which is subject t impact fee def o equent purchaser, the Dwelling Unit shall be sold o ons or s meeting the deferral qualifying criteria set forth in the ImpadtT -6 ce. In 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. Repayment occurs upon the sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shalt it exceed twenty -five percent (25 %) of the total fee amount. 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 Page 3 of 7 Packet Page -826- OR' 39 12/8/2015 16.D.3. • ry •V• &%PW(d 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 Seven Thousand One Hundred Fifty -Eight dollars and 27/100 ($7,158.27), 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, th R C COUNTY'S lien rights and interests arising under this Agreemen consi , inferior, and subordinate to each first mortgage on a Unit. Except els where noted in this Agreement, and regardless o an f los n e fir t mort ge r other security interest, such lien shall oth ise a up d u t t i erest in the Dwelling Unit of any owner, less ant, mortgagee, o her ers "''' cept that this lien shall be on parity with any li ounty taxes. �® 8. RELEASE OF LI n sati mpletion of this Agreement's requirements, including paym a erred 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. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of OWNER 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 Page 4of7 Packet Page -827- OR' 39 %� 12/8/2015 16.D.3. 94 K V. LJVJ 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: 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 provisios— Agreement, then the dollar amount of impact co fees deferred i in ER to the COUNTY within thirty (30) days f 'fication of said 'ola 'on. b. Should he ER b aul of this Agreement, and the default s n red w n 9 ys aft mailing of written notice to the O the COUNTY ay rin _ civil action to enforce the Agreemen �Q c. In addition, a b or otherwise enforced by the COUNTY b action ' IR y or o equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Page 5 of 7 Packet Page -828- OR- 3 12/8/201516.D.3. • - &%## i.vv= IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: Print Name 1A 1'A Fit r'L Print Name6kjje,1A L i mAy>6 STATE OF 1&,d,_ ) COUNTY OF L a % lu'a ) The foregoing Agreement Bryan & Kristin L. Lee./ waft • *cam [NOTARIAL SEAL] r��o STATE OF FLORIDA) COUNTY OF COLLIER) -. a me this �� day of January, 2006, by are pets own_ to me or have provided as identifica ' n. \ MUDD, COUNTY MAT The foregoing Agreement was acknowledged before me this 31.31 day of January, 2006, by James V. Mudd, County Manager, on behalf of the COUNTY. H is personally known to me. [NOTARIAL SEAL] Signature o erson Taking-Acknowledgment A Mse orm and Recommend proval le Jeffr tz kow Denton Baker, Director of Assi t unty Attorney Operational Support & Housing Lauren J. Beard Commission #DD159084 'o Expires: Oct 24, 2006 Page 6 of 7 = �;;�... off: Bonded T,n, OF Packet Page -829 - � ' Atlp-r.tic Bonding co., [. ^.c. 10-1 OR; 39i 12/8/2015 16.D.3. 'WW EXHIBIT "A" LEGAL DESCRIPTION BRYAN & KRISTINA L. LEE UNIT 203, BUILDING 2, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" PGW Approved 1 1:07 05 Page 7of7 Packet Page -830- IMP OWN Type of Impact Fee 0 Am o we A. EMS Impact Fee $93.0 B. Correctional Facil' ies a 1 7 C. Library Impact Fe 9 D. Community Parks I t Fee 5 1 E. Regional Parks Impac e�0. F. Educational Facilities Syst ]}��' 7.00 G. Road Impact Fee $2,662.00 H. Government Buildings Impact Fee $159.01 I. Sewer Impact Fee $2,010.00 TOTAL IMPACT FEES $7,158.27 PGW Approved 1 1:07 05 Page 7of7 Packet Page -830- lip lu PERMIT SET �S � Af SAYSHOPM 0" PSESf71K A.�[A I PRESERVE AREA M31 ACRC3 t GJA ACRES ma OR' 39E 12/8/2015 16.D.3. • , ti. V V a 0 a J " - f — s Yif s STOFFT BOTANICAL PLACE GARAGES LOONEY BAYSHORE DRIVE ARCFirMC75, LLC 5 cowEx ctxcnv ry vies Fwwa wn Sw wn swxo . AtO�a Eew Nam p�q M2.76T1 o+atr.a� rw� • taq )nmRi Packet Page -831- 12/8/2015 16.D.3. Counter emenv ulwision sseshoe ©rive k s, Ft 34104' -252 -2400 Packet Page -832- RECEIPT PAYMENT r Receipt. Number:' 20.15273035 Transaction Number. 2015- 059503 Date :Paid: 1Q/I5/20.15 Amount Due: $16,599:24 Payment Details: Payment 416thod Amount Paid Check Number. Check $16;597:97 32680 Amount Paid:-, .. $16,597.97 Change / overage: $0:00 Contact: Habitat for Humanity of CC Inc 11145 Tamieml Trail East Naples, FL 34113' FEE DETAILS: Fee Descrlotion Reference umber Original 1Fi:4 Eidd GL Account ,-� Deferral M/F Community Park MS20150013294 $862.50 $862.50 346- 156410 - 324103- 31346.1 Deferral M/F Regional Park 14S20150013294 $1,298.26 $1,298.26 346 - 156405 - 324163- 31346.1 Deferral M/F EMS Payoff MS20150013294 $116.06 $116.06 350- 140470 - 324103 - 31350.1 Deferral M/F JAIL Payoff MS20150013294 $190.61 $190.61 381 - 110430- 324103 - 31381.1 Deferral M/F LIBRARY MS20150013294 $424.14 $424.14 355 - 156190- 324103 - 31355.1 Payoff Deferral M/F SCHOOL MS20150613294 $3,969.67 $3,969.67 113-000000 - 209050 Payoff Deferral M/F GOVT BLDG MS20150013294 $482.59 $482.59 390 - 122231- 324103 - 31390.1 Payoff Deferral M/F WATER MS20150013294 $3,575.00 $3,575.00 002- 138770 - 324103 Payoff Deferral M/F SEWER MS20150013294 $3,495.00 $3,495.00 002- 138770- 324103 Payoff Interest PARKS MS20156013294 $404.52 $404.52 346- 989010- 361190 - 99346.1 interest EMS MS20150013294 $21.73 $21.73 350- 989010- 361190- 99350.1 Interest JAIL MS20150013294 $35.68 $35.68 381- 989010- 361190- 99381.1 Interest LIBRARY MS201500132-94 $79,41 $79.41 355 - 989010 - 361190 - 99355.1 Interest GOVT BLDG MS20150013294 $90.35 $90.35 390 - 989010- 361190 - 99390.1 Interest WATER MS20150013294 $669.29 $669.29 002- 989010 - 361190 Interest SEWER MS20150013294 $654.31 $654.31 002- 989010- 361190 Interest LAIN ENF MS20150013294 $36.29 $35.02 3857,989010 - 361190 - 99385.1 Deferral M/F LAW ENF MS20150013294 $193.83 $193.83 385 - 110433 - 324103 - 31385.1 Payoff Cashier Name: josenodar Batch Number: 4806 n Entered By flelshmanpaula Packet Page -832- 12/8/2015 16.D.3., Collier County Growth Management Division ,• 2aW Horseshoe Drive N ` Naples, FL ` 34104 239- 252 -2460 RECEIPT CAF PAYME�IIT � Receipt Number: 2015279545 Transaction Number: 2015- 060014 Date Paid: 10/19/2015 Amount Due: $1.27 x =; Payment Details: Payment Method Amount Paid , Check Number Cash $1,27 Amount Paid: $1.27 Change / overage: $0.00 Contact: Myrlande Accime 10287 Kingdom Court . Naples, FL FEE DETAILS.:, ;Fee Description Reference Number original , Amount GL Account, e Paid � Interest LAW ENF M520150013294 $36.29 $1.27 385 - 989014- 351190 - 99385.1. Cashier Name: LeaDerence Batch plumber: 4812 Entered By: flelshmanpaula ' }s l`. Packet Page -833- 7 R � � . Packet Page -834- m � q N N r O T A m�t7 N M C pp � ff Q��Qjj� qq 4 O w m � n M � M LL Q 4 po Packet Page -834- Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: 12/8/2015 16.D.3. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239 - 252 -2400 RECEIPT OF PAYMENT 2015280171 2015 - 060639 10/21/2015 $8,947.84 Payment Method Amount Paid Check Number Check $8,947.84 604991 $8,947.84 $0.00 USRES 25520 COMMERCENTRE DR STE 200 LAKE FORST , CA 92630 Fee Description Reference Number Deferral M/F Community Park MS20150013611 Deferral M/F Regional Park MS20150013611 Deferral M/F EMS Payoff MS20150013611 Deferral M/F JAIL Payoff MS20150013611 Deferral M/F LIBRARY MS20150013611 Payoff Paid 381 - 989010 - 361190 - 99381.1 Deferral M/F ROAD Payoff MS20150013611 D2 $560.68 346- 156405 - 324103 - 31346.1 Deferral M/F SCHOOL MS20150013611 Payoff $117.98 381 - 110430 - 324103 - 31381.1 Deferral M/F GOVT BLDG MS20150013611 Payoff Deferral M/F SEWER MS20150013611 Payoff Interest PARKS MS20150013611 Interest EMS MS20150013611 Interest JAIL MS20150013611 Interest LIBRARY MS20150013611 Interest ROAD D2 MS20150013611 Interest GOVT BLDG MS20150013611 Interest SEWER MS20150013611 Interest PARKS MS20150013611 Cashier Name: AlinaHarris Batch Number: 4820 Entered By: BrandiPollard Original Amount GL Account fAs Paid 381 - 989010 - 361190 - 99381.1 $561.70 $561.70 346 - 156410 - 324103 - 31346.1 $560.68 $560.68 346- 156405 - 324103 - 31346.1 $93.00 $93.00 350 - 140470- 324103 - 31350.1 $117.98 $117.98 381 - 110430 - 324103 - 31381.1 $166.90 $166.90 355 - 156190 - 324103 - 31355.1 $2,662.00 $2,662.00 333 - 163653- 324103- 31333.1 $1,033.75 $1,033.75 113 - 000000 - 209050 $159.01 $159.01 390 - 122231- 324103 - 31390.1 $2,010.00 $2,010.00 002 - 138770 - 324103 $140.42 $140.42 346 - 989010- 361190 - 99346.1 $23.25 $23.25 350 - 989010- 361190- 99350.1 $29.50 $29.50 381 - 989010 - 361190 - 99381.1 $41.73 $41.73 355- 989010 - 361190- 99355.1 $665.50 $665.50 333 - 989010- 361190 - 99333.1 $39.75 $39.75 390 - 989010 - 361190- 99390.1 $502.50 $502.50 002 - 989010 - 361190 $140.17 $140.17 346 - 989010 - 361190 - 99346.1 Packet Page -835- 11� §. § %R b b a a § ■ � A 2 00 ° .K 2C4 Go \C§% 2 j k _ B oCiK Co �sN CIO 60 C! p dr ® §§_ § m - $ $ S /er Cj RM Vt �#K _ q Co C.) k � a 77 q r- kk� k ■K.� q � Packet Page -8 36 12/8/2015 16.D.3. $ K OR CL $ a S§~ k . w °C le ' S - - a _ _ ~ � z § k. « % ■ � S 2 ) R ./ j ±� \ } 2 % # LL w v 2 ` ° � U. k § & -§ § k Packet Page -8 36 12/8/2015 16.D.3. Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239- 252 -2400 RECEIPT OF PAYMENT 2015278364 2015 - 058832 10/13/2015 $8,946.77 Payment Method Check $8,946.77 $0.00 First Boston Title LLC 2180 Immokalee Rd #212 Naples, FL 341101422 Fee Description Reference Num Deferral M/F Community Park MS20150013171 Deferral M/F Regional Park MS20150013171 Deferral M/F EMS Payoff MS20150013171 Deferral M/F JAIL Payoff MS20150013171 Deferral M/F LIBRARY MS20150013171 Payoff Paid 350 - 989010 - 361190 - 99350.1 Deferral M/F ROAD Payoff MS20150013171 D2 $560.68 346 - 156405 - 324103 - 31346.1 Deferral M/F SCHOOL MS20150013171 Payoff $117.98 381 - 110430 - 324103 - 31381.1 Deferral M/F GOVT BLDG MS20150013171 Payoff Deferral M/F SEWER MS20150013171 Payoff Interest PARKS MS20150013171 Interest EMS MS20150013171 Interest JAIL MS20150013171 Interest LIBRARY MS20150013171 Interest ROAD D2 MS20150013171 Interest GOVT BLDG MS20150013171 Interest SEWER MS20150013171 Cashier Name: AmandaBayoumi Batch Number: 4797 Entered By: fleishmanpaula 12/8/2015 16.D.3. Amount Paid Check Number $8,946.77 30520 Oriainal Amount GL Account Fee Paid 350 - 989010 - 361190 - 99350.1 $561.70 $561.70 346 - 156410- 324103 - 31346.1 $560.68 $560.68 346 - 156405 - 324103 - 31346.1 $93.00 $93.00 350 - 140470- 324103- 31350.1 $117.98 $117.98 381 - 110430 - 324103 - 31381.1 $166.90 $166.90 355 - 156190- 324103 - 31355.1 $2,662.00 $2,662.00 333 - 163653 - 324103 - 31333.1 $1,033.63 $1,033.63 113 - 000000- 209050 $159.01 $159.01 390 - 122231- 324103 - 31390.1 $2,010.00 $2,010.00 002 - 138770 - 324103 $280.42 $280.42 346 - 989010 - 361190 - 99346.1 $23.24 $23.24 350 - 989010 - 361190 - 99350.1 $29.48 $29.48 381 - 989010 - 361190 - 99381.1 $41.70 $41.70 355 - 989010 - 361190 - 99355.1 $665.10 $665.10 333 - 989010 - 361190 - 99333.1 $39.73 $39.73 390 - 989010 - 361190 - 99390.1 $502.20 $502.20 002 - 989010 - 361190 Packet Page -837- �1 ■ � o ( \ b R �§ 0 K d�' ■ a§ ■ #§ a ■ §a� � o « \■ ## q q fk2 } / §k \_ k §��4 k �- ■■ ) � kj� k B@ §§f ) } #■ S $ �Co §ate ( \ § z e 0 0z2 [ )§«§ 2 K7§)% r ) a e Packet Page -38 12/8/2015 1 6.D.3. � §§ \ LL } 3 \ § z e 0 0z2 [ )§«§ 2 K7§)% r ) a e §` RA § k S:§ § ( $ Packet Page -38 12/8/2015 1 6.D.3. � §§