Agenda 12/09/2014 Item #16F2 12/9/2014 16.F.2.
EXECUTIVE SUMMARY
Recommendation to approve two (2) releases of lien for Immokalee owner occupied workforce
housing dwelling units that have been repaid in full.
OBJECTIVE: Approve two (2)releases of lien for deferral of 100%of Collier County Impact Fees.
CONSIDERATIONS: Pursuant to the requirements established in Section 74-201 of the Collier
County Code of Ordinances, under article II, Immokalee Enterprise Zone Deferral Area, the county shall
defer the payment of the impact fee for all owner-occupied dwelling units within the geographic
boundaries of the Immokalee Enterprise Zone which qualifies as workforce housing under this article.
Section 74-201 (g) of the Code authorizes that the County Manager may enter into an impact fee deferral
agreement with the owner and is authorized to execute such deferral agreement. 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 fee that would otherwise then be due and payable but for the agreement.
The funds deferred for the construction of two (2) residential dwelling units have been repaid in full. As
such, the repayment obligation has been fulfilled and a release of lien is needed. The following table
details the releases of lien associated with this item.
Name Property Address Payoff Amount Official Records Public
Record
Audinio Beltran 1236 Allegiance Way, $7,027.34 Impact OR Book: 3748 PG: 2040
and Lourdes Immokalee, FL 34142 Fees(No Interest
Beltran Required)
Daniel Castro and 1260 Allegiance Way, $5,557.70 Impact OR Book 3861: PG: 1409
Yolanda Ocanas Immokalee,FL 34142 Fees(No Interest
Required)
FISCAL IMPACT: A total of $12,585.04 has been repaid to Collier County. The funds have been
deposited in the appropriate impact fee trust funds.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: Approve and authorize the Chairwoman to sign two (2) releases of lien for
deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling
units.
Prepared by: Paula Fleishman, Senior Operations Analyst
Office of Management and Budget/GMD Capital Project Planning
Attachments:
1. Proposed Releases of Lien
2. Deferral Agreements
3. Payment Receipts
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12/9/2014 16.F.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.2.
Item Summary: Recommendation to approve two (2) releases of lien for Immokalee
owner occupied workforce housing dwelling units that have been repaid in full.
Meeting Date: 12/9/2014
Prepared By
Name: FleishmanPaula
Title: Operations Analyst, Senior, Business Management&Budget Office
11/4/2014 10:40:46 AM
Submitted by
Title: Operations Analyst, Senior, Business Management&Budget Office
Name: FleishmanPaula
11/4/2014 10:40:47 AM
Approved By
Name: PattersonAmy
Title: Manager-Impact Fees &EDC, Business Management&Budget Office
Date: 11/5/2014 3:18:31 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/6/2014 11:29:48 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 11/24/2014 1:12:16 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 11/30/2014 7:54:29 PM
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12/9/2014 16.F.2.
This instrument prepared by:
Amy Patterson
Collier County Growth Management Division
2800 North Horseshoe Drive
Naples,Florida 34104
(239)252-5721
RELEASE OF LIEN
KNOWN ALL MEN BY THESE PRESENTS: That Collier County, whose post office address
is 3301 East Tamiami Trail, Naples, Florida, 34112, the former owner(s) and holder(s) of a
certain Impact Fee Agreement executed by Audinio and Lourdes A. Beltran and Habitat for
Humanity to Collier County, executed on February 21, 2005 and recorded in Official
Records Book 3748, Page 2040 of the Public Records of Collier County, Florida, hereby
does release from lien the real property described in Exhibit"A" (attached), currently owned by
Bernardo Martinez Hernandez and Odilia Balderas Villanueva.
The undersigned is authorized to and does hereby release this lien as to the whole of the above-
described real property and consents to this lien being discharged of record.
Dated this day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TOM HENNING, Chairman
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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12/9/2014 16.F.2.
EXHIBIT"A"
LEGAL DESCRIPTION
OWNERSHIP
ADDRESS
1236 Allegiance Way, Immokalee Florida 34142
Lot 34,Independence Phase I,as recorded in Plat Book 41,Pages 44—46 of the
Public Records of Collier County,Florida
CIS--C
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12/9/2014 16.F.2.
This instrument prepared by:
Amy Patterson
Collier County Growth Management Division
2800 North Horseshoe Drive
Naples,Florida 34104
(239)252-5721
RELEASE OF LIEN
KNOWN ALL MEN BY THESE PRESENTS: That Collier County, whose post office address
is 3301 East Tamiami Trail, Naples, Florida, 34112, the former owner(s) and holder(s) of a
certain Impact Fee Agreement executed by Daniel Castro and Yolanda Ocanas and Habitat
for Humanity to Collier County, executed on August 4, 2005 and recorded in Official
Records Book 3861, Page 1409 of the Public Records of Collier County, Florida, hereby
does release from lien the real property described in Exhibit"A" (attached), currently owned by
Jean Claude Jocirin and Marie Thase Dathelus.
The undersigned is authorized to and does hereby release this lien as to the whole of the above-
described real property and consents to this lien being discharged of record.
Dated this day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TOM HENNING, Chairman
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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•
12/9/2014 16.F.2.
EXHIBIT"A"
LEGAL DESCRIPTION
OWNERSHIP
ADDRESS
1260 Allegiance Way, Immokalee Florida 34142
Lot 40, Independence Phase II as recorded in Plat Book 43,Pages 64-66 of the
Public Records of Collier County, Florida
Packet Page -2101-
3571957 OR: 3' 12/9/2014 16.F.2.
(..--1 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
03/09/2005 at 08:06AK DWIGHT E. BROCK, CURE
REC FEE 78.00
Prepared by: COPIES 9.00
Patrick G.White Retn:
Ass't.Collier County Att'y. FINANCIAL ADKIN & HOUSING
3301 Tamiami Trail East INTEROFFICE
Naples,FL 34112 ATTN: FLORIS ROGERS
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES -
IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROG '.• .
.2 This Agreement for the Deferral of 100% of Impact Fees is entered into this day • `L,AL
2005 by and between Collier County, a political subdivision of the State of Florida, through its Board of Co 40
Commissioners, hereinafter referred to as "COUNTY," and Audinio and Lourdes A. Beltran and Habitat for
Humanity,hereinafter referred to as"OWNE' " -+ :6, e y the"Parties."
\..\-. 'z-"'Lt o
f 0 ;! RECITALS: '. tom
WHEREAS, Collier County /O'rc nee-No. 2001-13, the Collie County Consolidated Impact Fee
Ordinance, as amended by Ordinance loo. 2 O and dinanc No. 2004-2� and as it may be further amended
from time to time codified as Chapter �1 Q t' o e fLaw and a�nc s of oilier County Florida,hereinafter
collectively referred to as "Imps ct.E 0+.� '` e,' , ov Les for de rrals of`' act fees for new owner-occupied
dwelling units qualifying for the Imt�ktalee Residential ImpaCffee De erra am;and
WHEREAS, OWNER has OW for a deferral of 100 Q of impact fees as allowed by the Impact Fee
Ordinance, and a copy of said apphLation is on file in the o , `f Fcinancial Administration and Housing
Department;and `� - _ 2 ''
WHEREAS,the County Manager, or his designee, has reviewed the OWNER'S application and has found
that it complies with the requirements for a 100%deferral of impact fees as outlined in the Immokalee Residential
Impact Fee Deferral Program and 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
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 (Code of Laws), 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 workforce housing in the specified Immokalee area.
Page 1
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OR 3148 12/9/2014 16.F.2.
CU. cvzi
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 Parties covenant and agree
as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by
reference herein.
2. LEGAL DESCRIPTION,ADDRESS AND OWNERSHIP. The name of the OWNER(S),the address
of the subject property and the Iegal description of the dwelling unit and its site plan(the "Dwelling
Unit")is attached as Exhibit"A,"and is incorporated by reference herein.
3. PAYMENT OF IMPACT FEES. The impact fee deferral agreement shall stand in lieu of payment of
impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and
payable as a prerequisite to the issuance of the Building Permit(s) for that Development but for the
deferral agreement. -
4. TERM. The term of the ��de//ffr time until such time that the subject Dwelling
Unit/Property is sold, transtei'te ;;refinanced or tei lief SFs atisfied by payment to the County of the
N\
full amount of the impact fe deferral. Payment shall be withoul•.interest only if the Agreement has not
been breached by thejfnon-,Cou t3`"Iaa tyythereto'•ataily time the deferral period,but shall be subject
to interest retroactively to 7c i i the Agreement is breached by the non-
I II
County party. f" ; t
5. REPRESENTATION NIDWARRANTIES. The OWNER resents and warrants the following:
a. OWNERThousehold earnings will na exceed`tha 1m it of$100,000, from all sources,as
set forth Sect-tow-74401 (g)(4)and(5)in- ie4mpact Fee Ordinance;and
b. The Dwelling Umt avillkre iiy Q r-tiecu`p d and the homestead of the OWNER, and
any change in the status of the occupancy or loss of homestead will constitute a breach in
the agreement and impact fees will be considered to be in default and immediately due
and payable, including any applicable interest, in accordance with the provisions set forth
by Section 74-201(g)and Section 74-501 of the Impact Fee Ordinance;and
c. 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$7,027.34, as set forth in attached
Exhibit`B,"incorporated by reference;and
d. The maximum sales price of the qualifying development will not exceed$175,000;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, the OWNER further covenants
and agrees to comply with the Immokalee Residential Impact Fee Deferral Program
qualification criteria detailed in Section 74-201(g) (5) of the Impact Fee Ordinance,
Page 2
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OR: 3148 12/9/2014 16.F.2.
ru. cult,
a. Should the OWNER of the property: (1) fail to comply with the qualification
criteria in Section 74-201(g)(5)of the County's Impact Fee Ordinance at any time
during the term, except as to total household income not exceeding $100,000, or
(2)violate any provisions of this Agreement,which then constitutes a breach in the
agreement, impact fees will be considered to be in default and immediately due
and payable,by the OWNER,including any applicable interest,in accordance with
this section and the collection provisions set forth by Section 74-501 of this
Chapter; and shall be paid in full by OWNER to the COUNTY within thirty(30)
days of written notification of said violation.
b. If the non-County party is in a non-curable default under the Agreement, or if the
default is curable and the curable default is not cured in full within thirty(30)days
after written notice to do so provided to the OWNER by the County, the Board
may bring a civil action to enforce the deferral agreement and that the Board shall
be entitled to„..r as al ee costs, including attorney's fees and expenses
incurredf the --t y iri ng'`the Agreement, plus interest, at the then
maxi/nigci/statutory rate for final judgments, calculated on a calendar day basis
until paid nkfull. Inthe event,that interest should begin to accrue because the non-
,ounty ,breads the.Agreetuent, mttest shall accrue retroactively back
to th ?comme cerne t dat respective impact fee deferral agreement.
c. "Shull`the-'b othervv�rse be 7n-deatil }this Agreement, and the default is
gr end within ninety (90) 4 s after mailing g of written notice to the OWNER,
the COUNTY may bring a civil ac on'toy nforce the Agreement.
d. In additi n( h ien-,maybe-foredo ;or otherwise enforced by the COUNTY,
�. ,
by action or suit-aat maw or ,..gutty`including the foreclosure of a mortgage on real
property. The COUNTY shall be entitled to recover all fees and costs, including
attorney's fees, plus interest at the statutory rate for judgments calculated on a
calendar day basis until paid.
Page 4
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12/9/2014 16.F.2.
OR: 3748 ?(i: ZU43
during the term of this Agreement, except as to total household income not exceeding
$100,000.
6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the
Dwelling Unit, which is subject to the impact fee deferral, at any time during the deferral term, the
deferred impact fees may immediately become due and payable and may be required to be paid in full
to the County within thirty(30)days or may be subject to the default provisions set forth in accordance
Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the
Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited,
encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement
shall run with the land;and
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 $7,027.34 as set forth in attached Exhibit `B." This lien may be foreclosed
upon in the event of default uncler,'llirscAjtee448kov,i,cled that if the OWNER is the mortgagor,the
COUNTY and OWNER ha and in cod era`t'bn of a suitable security collateral being
provided by the OWN 4111 e COUNTY,then all of the OUNTY'S lien rights and interests arising
under this Agreement are o h zcor e\fe-d nro"r;i ferior,�and subordinate to each first mortgage on
the Dwelling Unit. Exce t "° not ! _ ee rt, and regardless of any foreclosure on
j di4 � r
the first mortgage o oth a se'uri in st, uch4ien s 'all tithe is e be superior and paramount to the
interest in the Dwell ng Un-any r, I� ten ortgagee, or other person, except that this
V, \ i.e. I /
lien shall be on parity vy `'any lien for County taxe 1 r,/
8. RELEASE OF LIEN. e, pon\satisfactory completion.''of,t is Agreement's requirements and the
requirements of the Immokak . Lt-Fee_LZefer-ral Pr igr�am Including payment of the deferred impact
, the r C~j .0
fees, the COUNTY shall, at the rise f 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 Parties to this
Agreement,their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to
pay the deferred impact fees. The obligation shall only terminate upon the County recording in the
public records of Collier County a release or full satisfaction of the lien,and that release or satisfaction
will be recorded by the County upon payment to the County in full of all of the deferred impact fees;
and
10. RECORDING. This Agreement shall be 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. REMEDIES. The following remedies are cumulative with any other right or remedy available to the
COUNTY:
Page 3
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OR: 3748 rci: ZU44
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written.
W ESS:
4Li I) /(\) / o pELTR pqy
Sig 44 Audinio Beltran
-V tti-c`tvnio- Ca_.1,+ ,-- AUPON/ c7 0tt7R/14,/
Print Nat rye Print Name
WITNESS:
AkiE.S ..e ii /)) i i L.4 a t) r- a LLr/eA4y
Sigpetf Lourdes A. Beltran
4
/c N\c, \
; t Name Print Name
..- ---.,..\ ,,,\7". -----j-"\ \ \
WITNESS:
If 1 t, ( n ) , ....,:,,o, ,
______.
wQ(2).c,„,--.)1\\„.L.,) ,,,,\.,,,. / „, __ Ilr„.,, 1
r
Signed \ \y Habitat foal r ruty,{,Tu onzed Signature)
\: ,.,,,,,\ 'V''‘.., .7',A...,
S- `its ` SG.� >$ !�•�-
Pnnt Name ` -€°'' -if"_rr-int-Narrre 6C\-\:)7
STATE OF FLORIDA)
COUNTY OF COLLIER)
51'fi
Th- •re.oing Agreement was . � owledged before me thi day o /ylir..0 005 by
Au• io :nd •urdes A. •an an• ,• .t for Humanity. They are personally known to me o it ve
producIL rY - . ` i as proof of identity.
[NOTARIAL SEAL] AA / '
■
_ a e of Person king Acknowledgment
�., '''' ULNA Ftoaes
M1'COMMISSION/DD 272381
ITZ January 13,2008
• + _ Thni No4ry Piblic Unden�riters
Page 5
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12/9/2014 16.F.2.
OR: 3748 ru. Lv'±J
COLLIER COUNTY,FLORIDA
By:
JAMES V.MUDD,COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowled• • 4- 'e ne)-this day of a,N(� ,2005 by
James V.Mudd,County Manager,on behalfpf he e r' T Ie. personally known to me.
[NOTARIAL SEAL] .'Si 1turt •f Person T • g Acknowledgment
� ,
Jacquallne Hart ‘,•
Con minion 001311110
«, Expires Await 02.2007 \t f ", ,1
` f
, f
Approved as to form and Recommend Approval;
•al sufficie l :
WI V 1
L
Patrick G.White Denton Baker,Director
Assistant County Attorney Financial Administration&Housing
Page 6
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OR' 3748 12/9/2014 16.F.2.
L v, 4vzu
EXHIBIT "A"
LEGAL DESCRIPTION
OWNERSHIP
ADDRESS
Audinio and Lourdes A. Beltran and Habitat for Humanity
1236 Allegiance Way, Immokalee Florida 34142
Lot 34, Independence Phase I, as recorded in Plat Book 41, Pages 44—46 of the
Public Records of Collier County, Florida
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Page 7
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12/9/2014 16.F.2.
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Packet Page -2109-
12/9/2014 16.F.2.
*** OR: 3748 ru. cm ---- -
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Ar$ount Owed
A. EMS Impact Fee $ 93.00
B. Correctional Facilities Impact Fee $ 117.98
C. Library Impact Fee $ 167.91
D. Community Parks Impact Fee $ 632.43
E. Regional Parks Impact Fee $ 631.40
F. Educational Facilities System Impact Fee $ 1,778.00
G. Road Impact Fee (<5O%o cone o L7 $ 3,471.00
H. General Government Buijdu g Impact Fee $ , 135.62
,,,,, \\\
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TOTAL IMPAC
1(
sM 7,02734
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E c = ,
Page 9
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3673089 OR: 3 12/9/2014 16.F.2.
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
08/05/2005 at 10:27AK DWIGHT E. BROCK, CLERK
RIC FEE 78.00
Prepared by: COPIES 9.00
Patrick G.White Retn;
Ass't.Collier County Att'y. FINANCIAL ADKIN
3301 Tamiami Trail East INTEROFFICE
�/� Naples,FL 34112 AT' FLORIl ROGERS .
1 is space or recording
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES-
IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM
This Agreement for the Deferral of 100% of Impact Fees is entered into this 01 day of 4.syv-,i-- ,
2005 by and between Collier County, a political subdivision of the State of Florida, through its Board of County
Commissioners, hereinafter referred to as "COUNTY," and Daniel Castro and Yolanda Ocanas and Habitat for
Humanity,hereinafter referred to as"OWNE , e eas the"Parties."
RECITALS: '1
WHEREAS, Collier County /Qadinance--No__. 2001-13 the Collie \County Consolidated Impact Fee
Ordinance, as amended by Ordinance No2003-6 Jrid��rddina'annce No. 2004-25;,4 and as it may be further amended
from time to time,codified as Cha ter? \` d • d e.c e of Collier County Florida,hereinafter
collectively referred to as "impac {Fe4 rdirrarizre, pto 'd s�,. or deform s o ii=9/act fees for new owner-occupied
dwelling units qualifying for the Ii ffiokalee Residential Impact ee De`f'erral Pgram;and
WHEREAS, OWNER has°a led for a deferral of 1 0 1 i pct'fees as allowed by the Impact Fee
'--:,!
Ordinance, and a copy of said applica c is.,,on file in the offr�p f,Financial Administration and Housing
\\ . ',if- --._._.._.....--f 02<J /
Department;and 2N'' '--'
_rY
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found
that it complies with the requirements for a 100% deferral of impact fees as outlined in the Immokalee Residential
Impact Fee Deferral Program and 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
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 (Code of Laws), 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 workforce housing in the specified Immokalee area.
Page 1
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OR: 3861 12/9/2014 16.F.2.
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 Parties covenant and agree
as follows:
1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by
reference herein.
2. LEGAL DESCRIPTION,ADDRESS AND OWNERSHIP. The name of the OWNER(S),the address
of the subject property and the legal description of the dwelling unit and its site plan (the "Dwelling
Unit")is attached as Exhibit"A,"and is incorporated by reference herein.
3. PAYMENT OF IMPACT FEES. The impact fee deferral agreement shall stand in lieu of payment of
impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and
payable as a prerequisite to the issuance of the Building Permit(s) for that Development but for the
deferral agreement.
4. TERM. The term of the deferra until such time that the subject Dwelling
Unit/Property is sold, transf q :atTiina• nced or the`Tie 4s ishtisfied by payment to the County of the
full amount of the impact fee e deferral. Payment shall be About interest only if the Agreement has not
been breached by the,non-Court -p thereto aPaa time the deferral period,but shall be subject
i
to interest retroactively to(the tive` ate oTtl}e•,a in ,the Agreement is breached by the non-
County Counh'party. (, I� @q �� �p
5. REPRESENTATIOND WARRANT- ,' IFFFES. Thh.OWNER ret`esents and wan-ants the following:
I ,, - ;f
a. OWNER's`htiusehold earnings will nod exc ed'
e ,tlio limit of$100,000,from all sources,as
r \
set forth Section!? '2Q1 (g)(4)and(5)in `iinpact Fee Ordinance;and
b. The Dwelling Unit vvi'1L rarr�avw irkovi r-occupied and the homestead of the OWNER, and
any change in the status of the occupancy or loss of homestead will constitute a breach in
the agreement and impact fees will be considered to be in default and immediately due
and payable, including any applicable interest,in accordance with the provisions set forth
by Section 74-201(g)and Section 74-501 of the Impact Fee Ordinance; and
c. 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$5,557.70, as set forth in attached
Exhibit`B,"incorporated by reference;and
d. The maximum sales price of the qualifying development will not exceed$175,000;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, the OWNER further covenants
and agrees to comply with the Immokalee Residential Impact Fee Deferral Program
qualification criteria detailed in Section 74-201(g) (5) of the Impact Fee Ordinance,
Page 2
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011: 3861 PG: 1411
during the term of this Agreement, except as to total household income not exceeding
$100,000.
6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the
Dwelling Unit, which is subject to the impact fee deferral, at any time during the deferral term, the
deferred impact fees may immediately become due and payable and may be required to be paid in full
to the County within thirty(30)days or may be subject to the default provisions set forth in accordance
Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the
Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited,
encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement
shall run with the land;and
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 $5,557.70 as set forth in attached Exhibit `B." This lien may be foreclosed
upon in the event of default under e et tt..Provided that if the OWNER is the mortgagor, the
COUNTY and OWNER agrct)ftiar agree by,and in consideration of a suitable security collateral being
provided by the OWNER to"the COUNTY, then all of the O 'S lien rights and interests arising
under this Agreement:are toi bensidere �`�o erior, and subordinate to each first mortgage on
the Dwelling Unit. kept fw eif lures, greern nt,and regardless of any foreclosure on
the first mortgage or�othe securi r interest uch11ten s> 1 otherwtsei be superior and paramount to the
interest in the Dwell' ,Jnit any�;ile see,tenant'sirrb rt ee, or other person, except that this
lien shall be on parity with ny lien for County taxe .-"� ) tip`
8. RELEASE OF LIEN. po atisfactory completion/Of this Agreement's requirements and the
requirements of the ImmokaaleeInpa eeD.cferral Program including payment of the deferred impact
fees, the COUNTY shall, at the'exp nseof ,e: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 Parties to this
Agreement, their heirs, successors, and assigns.The recorded agreement shall serve as an obligation to
pay the deferred impact fees. The obligation shall only terminate upon the County recording in the
public records of Collier County a release or full satisfaction of the lien,and that release or satisfaction
will be recorded by the County upon payment to the County in full of all of the deferred impact fees;
and
10. RECORDING. This Agreement shall be 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. REMEDIES. The following remedies are cumulative with any other right or remedy available to the
COUNTY:
Page 3
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OR: 3861 PG: 1412
a. Should the OWNER of the property: (1) fail to comply with the qualification
criteria in Section 74-201(g)(5)of the County's Impact Fee Ordinance at any time
during the term, except as to total household income not exceeding $100,000, or
(2)violate any provisions of this Agreement,which then constitutes a breach in the
agreement, impact fees will be considered to be in default and immediately due
and payable,by the OWNER., including any applicable interest,in accordance with
this section and the collection provisions set forth by Section 74-501 of this
Chapter; and shall be paid in full by OWNER to the COUNTY within thirty (30)
days of written notification of said violation.
b. If the non-County party is in a non-curable default under the Agreement, or if the
default is curable and the curable default is not cured in full within thirty(30)days
after written notice to do so provided to the OWNER by the County, the Board
may bring a civil action to enforce the deferral agreement and that the Board shall
be entitled to ecave 1 - n costs, including attorney's fees and expenses
�.�J � te, FT
incurredFbix e- ty in rc 't11 Agreement, plus interest, at the then
maximum rate for final ju en calculated on a calendar day basis
until pain ih l� l. In the-event_that interes\should begin to accrue because the non-
/ } interest shall accrue retroactively back
Qount f f�re A- 5 f� 1
tti thel ommencernen dat r e t ve impact fee deferral agreement.
c. Shou d",the~bWNE4 btherwi a be tnnd aul oftithis Agreement, and the default is
not'c ued within ninety (90) a aft�r tt�a, ing of written notice to the OWNER,
%, ( />L.)/
Cthe NTY may bring a civil ac ,to;,enforce the Agreement.
d. In additt ien-.may..be-•fure`�clos d or otherwise enforced by the COUNTY,
by action or suit-taljaw br Nulty-including the foreclosure of a mortgage on real
property. The COUNTY shall be entitled to recover all fees and costs, including
attorney's fees, plus interest at the statutory rate for judgments calculated on a
calendar day basis until paid.
Page 4
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OR: 3861 PG: 1413
IN WITNESS WHEREOF,the Parties have executed this Agreement on the date and year first above written.
W SS: //
Gii,. -
Signe•I Daniel Castro
A. a. . a r14-u. /id •1
P ' '<me Print Name
W r1 SS
.c ■ ....„6„___<,,....... .LiCQ-Vaa °
Si -d Y.►:... Ocanas
4406- dmoto2c-- /7:‘„,,\-----' I, -4.:\s& —
Print Name Print Name
WITNESS: i ( ''"-, i
,A.±e-- 14. id--‘;..--._ \(7)t\:\.,_ . -.1‘' z';., ... ,r,, :
Signed t� 1 Habitat f.�lurnanityXA ttiorized Signature)
/,A..-,
^f
rr J 7,/ (,,,,,/
A-■o.rw. A.. -cie�clto•tderr .,„,,,,,....\
6N,. Sarnc.,el T, s�
Print Name y,, °p,�°` t 1sTa1
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this Z$ day of ioA/ ,2005 by
Daniel Castro and Yolanda Ocanas and Habitat for Humanity. They are personally known to mor have
produced as proof of identity./
[NOTARIAL SEAL] _ar ` ,
,0,,:
UUANA FLORES igna e of Person Taking Acknowledgment
. ; MY COMMISSION 4 DD 272381
•..f',. EXPIRES:January 13,2008
.,o.r;.. Bonded Taro Notary PWak Underwriters
Page 5
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OR: 3861 PG: 1414
COLLIER COUNTY,FLORIDA
By.
JAMES V.MUDD,COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowl-z. u a,me-this 4t1 day of 11 ucv'�� ,2005 by
James V.Mudd,County Manager, on behal of.the -stfilsi`PY: e.i ,pe,i onally known to me.
/"fir' .
[NOTARIAL SEAL] / k„_„."—S,ignaturq of Person Taking Acknowledgment k'l
,,
RSA J!\ r2)
�'"^' FLORIS E.ROGERS 1
j MY COMMISSION a 00427962 \1 ;, f
�i�"�iT EXPIRES:May 10.2009 V." ,,,,,
It l , /X11
Fl.Nwry Diccm+ \ ' i ( d
Approved as to form and Recommend Appro.
sufficiency:
r
13(3
Patrick G. White Denton Baker,Director
Assistant County Attorney Financial Administration&Housing
Page 6
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OR: 3861 PG: 1415
EXHIBIT "A"
LEGAL DESCRIPTION
OWNERSHIP
ADDRESS
Daniel Castro and Yolanda Ocanas and Habitat for Humanity
1260 Allegiance Way, Immokalee Florida 34142
Lot 40, Independence Phase II, as recorded in Plat Book 43, Pages 64-66 of the
Public Records of Collier County, Florida
7/cy:
( (C.1)4.- (0-A---\----------4---4,„ \—,,, p,,L ,
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. 1 •'
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Page 7
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•
• ""'�°`�°" - _-� 'Exhibit "A" 12/9/2014 16.F.2.
1 n ,� .I. r.� -
A 1 OR: 3861 PG: 1416 4.t. .
•
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1 .
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....• 1 r g9sait s i. '411t,j1. 1. ■ : .-----;:.A1 ti.-.-di : . .. -1,,i:-..- '
i % 'V 1•:,'. . 3M/' itir ' — - ' 1 \ ma Amosams ,...... ,
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• �y, +t i' r � :.' ,. ... �>..-r (71•'..if/Ylfl-`_T•O- ...F. j �t��aii .#�l 1:' R 1 r - - AVM ""• • �'. ,.i�cas�i9,- =---?fit—`. i r".a`j �L.. . ,. - I— .s3r�1- _ 'ti7 V .4 r R .n
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+I�- �'' 4. pisTff mi CO�UR,T� — .•:. �y
1;lj%
p .1►J J'. C0�RED"ee r f'-,I!^ "•.T �..�! -
-J— 1 • ,�_ ! .r,�- t —ina A.h ..
arslry NEW if us ism era.. .,..c.....aR• - _ TIOCT WI 1 Z11M L'J1R1. �. fir•
TRACT WY1 iaa..PM 10.011 we.a 1 ONO
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• ,. ,- .. r .....
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LOT 12 RECORDED FARMS - -
(UIOtES:OR0E0)
ADDRESS RANGES: 1239 - 1299 Allegiance Way
. 1302 - 1342 Constitution Court
1351 - 1382 Patriot Court
1349 - 1417 America Way
1420 - 1517 Peace Way
Paae 8
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12/9/2014 16.F.2.
* OR: 3861 PG: 1417 ***
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $ 93.00
B. Correctional Facilities Impact Fee $ 117.98
C. Library Impact Fee $ 167.91
D. Community Parks Impact Fee $ 632.43
E. Regional Parks Impact Fee $ 631.40
F. Educational Facilities System Impact Fee $ 1,778.00
G. Road Impact Fee(<Poverty Lev az- -'f tk'tee` $ 1,977.00
H. General Government Buikkk g Impact Fee �$\ 159.98
7 A., \
TOTAL IMPACT`FE Ste€ 4 ) ,1/S 5,557.70
rte, /
'`, i ce
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Growth Management Division
Coiner 2800 Horseshoe Drive N.
County Naples, FL
34104
239-252-2400
� I
RECEIPT OF PAYMENT
Receipt Number: 2013106811
Transaction Number: 2013-009694
Date Paid: 03/13/2013
Amount Due: $7,027.34
Payment Details: Payment Method Amount Paid Check Number
Check $7,027.34 24183
Amount Paid: $7,027.34
Change / Overage: $0.00
Contact: Habitat for Humanity of CC Inc
11145 Tamiami Trail East
Naples , FL 34113
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
Fee Paid
Deferral S/F EMS Payoff MS20130002764 $93.00 $93.00 350-140470-324102-31350.1
Deferral S/F GOVT BLDG M520130002764 $135.62 $135.62 390-122231-324102-31390.1
Payoff
Deferral S/F JAIL Payoff MS20130002764 $117.98 $117.98 381-110430-324102-31381.1
Deferral S/F LIBRARY MS20130002764 $167.91 $167.91 355-156190-324102-31355.1
Payoff
Deferral S/F PARKS Payoff MS20130002764 $1,263.83 $1,263.83 346-116363-324102-31346.1
Deferral S/F SCHOOL M520130002764 $1,778.00 $1,778.00 113-000000-209050
Payoff
Deferral S/F ROAD Payoff MS20130002764 $3,471.00 $3,471.00 339-163659-324102-31339.1
D5
Cashier Name: LeaDerence
Batch Number: 3028
Entered By: fleishmanpaula
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• 12/9/2014 16.F.2.
Official Receipt - Collier County Board of County Commissioners
CDPR1103-Official Receipt
Trans Number Date Post Date Payment Slip Nbr
936995 6/22/2010 12:10:08 PM 6/22/2010 MS 235394
CASTRO/HABITAT
1260 ALLEGIANCE WAY
Payor: HABITAT FOR HUMANITY OF CC
Fee Information
Fee Code Description GL Account Amount Waived
08TIF REIMBURSEMENT OF IMM TIF FUNDS18613832448710000000 $567.32
09DFS5 ROAD DEF PAYOFF S/F D5 33916365932410231339 $1775.19
09PDFS PARKS DEFERRAL PAYOFF S/F 34611636332410231346 $1134.82
09EDFS EMS DEFERRAL S/F PAYOFF 35014047032410231350 $83.51
08SBDS SCHOOL DEFERRAL PAYOFF S/F 11300000020905000000 $1596.50
09GBDFS GB DEFERRAL PAYOFF S/F 39012223132410231390 $143.65
09LBDFS LIBRARY DEFERRAL PAYOFF S/F 35515619032410231355 $150.77
09JDFS JAIL DEFERRAL PAYOFF S/F 38111043032410231381 $105.94
Total $5557.70
Payments
Payment Code Account/Check Number Amount
CHECK 15465 $5557.70
Total Cash $0.00
Total Non-Cash $5557.70
Total Paid $5557.70
Memo:
Immokalee Impact Fee Deferral payoff OR3861 PG1409
Cashier/location: KATHLEENVANSICK / 1
User: FLEISHMANPAULA
Collier County Board of County Commissioners Printed:6/22/2010 12:10:49 PM
CD-Plus for Windows 95/NT
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