Agenda 05/13/2013 Item #16D 15/14/2013 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve releases of lien of Collier County impact fees, Collier County
Immokalee Residential impact fees and Collier County State Housing Initiatives Partnership
(SHIP) impact fees for owner occupied affordable housing dwelling units that have been repaid in
full.
OBJECTIVE: Approve five (5) releases of lien for Impact Fees.
CONSIDERATIONS: Pursuant to the requirements established in Section 74 -401 of the Collier County
Code of Ordinances, under article IV, Affordable Housing Impact Fee Deferral, the county shall defer the
payment of the impact fees for any new owner - occupied dwelling unit which qualifies as affordable
housing under this article.
Section 74- 401(3) of the Code authorizes that the County Manager may enter into an impact fee deferral
agreement with the owner or applicant 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 five (5) 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 tables
details the releases of lien associated with this item.
Name
Property Address
Lien Amount
Payoff
Official Records Public
100%
Amount
Record
Countywide
Impact fees
Marie Midouin and Jn Robert Jn
13686 Legacy Lane Naples F134114
$12,143.84*
$15,173.34
OR Book: 4263 PG: 3866
Baptiste
Kristy Brodbeck
9055 Gervais Circle #1403, Naples, FL
$19,411.94*
$24,266.44
OR Book: 4353 PG: 0046
Name
34120
1
Payoff
Official Records Public
David Moreno and Marisol Pacheco
7512 Bristol Circle Naples FL 34120
$12,263.74*
$15,329.74
OR Book: 4068 PG: 0806
Moreno
SHIP Impact
Name
Property Address
Lien Amount
u Y+uwu .
Payoff
-- 3'111111L
Official Records Public
100%
Amount
Record
Immokalee
Impact fees
Tedra Annette Gunn & Habitat for
1292 Allegiance Way Immokalee FL 34142
$ 5,675.99
$5,675.99
OR Book: 3893 PG: 2893
Humanitv
Name
Property Address
Lien Amount
Payoff
Official Records Public
100%
Amount
Record
SHIP Impact
fees
Amilca Preveance and Marie Joseph
710 Breezewood Immokalee Fl 34142
$ 5,222.98
$5.222.98 1
OR Book: 3108, PG: 1895
Total I $54,718.49 $65.668.49
FISCAL IMPACT: A total of $65,668.49 has been repaid to Collier County. The funds have been
deposited in the appropriate impact fee trust fund accounts and the appropriate SHIP impact fee account.
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5/14/2013 16.D.1.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
Action. — JW
STAFF RECOMMENDATION: Approve and authorize the Chairwoman to sign five (5) releases of
lien for deferral of impact fees for owner occupied affordable housing dwelling unit.
PREPARED BY: Wendy Klopf, Operations Coordinator, Housing, Human and Veteran Services:
Human and Veteran Services
Packet Page -2733-
5/14/2013 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve releases of lien of Collier County impact
fees, Collier County Immokalee Residential impact fees and Collier County State Housing
Initatives Partnership (SHIP) impact fees for owner occupied affordable housing dwelling units
that have been repaid in full.
Meeting Date: 5/14/2013
Prepared By
Name: K1opfWendy
Title: Operations Coordinator,Housing, Human & Veteran Se
3/19/2013 3:31:20 PM
Submitted by
Title: Operations Coordinator,Housing, Human & Veteran Se
Name: KlopfWendy
3/19/2013 3:31:22 PM
Approved By
Name: LarsenKathleen
Date: 3/25/2013 11:16:03 AM
Name: SonntagKristi
Date: 4/15/2013 3:27:05 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 4/17/2013 9:15:41 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 4/22/2013 10:56:39 AM
Name: CarnellSteve
Packet Page -2734-
5/14/2013 16.D.1.
Title: Director - Purchasing /General Services,Purchasing
Date: 4/23/2013 3:04:39 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 4/24/2013 8:57:01 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 5/1/2013 10:44:33 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 5/7/2013 11:43:13 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/7/2013 11:54:38 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/7/2013 1:49:34 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 5/7/2013 4:07:31 PM
Packet Page -2735-
prqww l$r:
collier county
Housing Humes & Vet UM Services Dept
3339 E. Tamlami Tnil, Building K 1211
Naples, FL 34112
RELEASE OF LIEN
5/14/2013 16. D.1.
7WS SPACE FOR RECORDING
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is
3299 L Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact
Fee Agreement executed by Marie •Midenin and Ju Robert Ju Bapiate to Collier County,
recorded on July 34,2007 in Official Records Book 4263, Page 3866, of the Public Records of
Collier County, Florida, in consideration of $12,143.84, 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, more
particularly described as follows:
Lot 149, T raU Ridge, swosdbg to the plat thereof,
as reatded Is Plat Book 44, PaWl dwougk 771
In wh% of the Fablie Romnb of t',.AW Cote*, FkAda.
(13686 Legacy Lane, Naples, Florida 34114).
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
ProPeny•
This Release of Lien was approved by the Board of County Commissioners on -
. 2013, Agenda Item Number
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal s'iciency:
Je right
Assi t County Attorney
BOARD OF COUNTY CObMSSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
NO
I _�� Packet Page -2736-
4053145 OR; 4263 PG; 5/14/2013 16.D.1.
11COIDID is OTFICUL IICOIIS of COLLIII COOITI, F1
0713112007 at 01:36FI DINIT I. IIOCI, CLIII
Near a IIC PSI I7.10
r},
J Frsrw MISS 3.00 .�er Iota: 10
C�aier Gay NNS
3711 LTNhalTrail CWII TO Tel BOARD
Iw}ka, Flad" 34112 IRIIOFFICI 17I FLOOR
IIT 1106
Filets 06- 080-IF
Tbb @pan for retadlft
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this _Ij day of June, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Marie Midouin and Jn Robert Jn
Baptiste" (OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwellingjwAt -w ed as Exhibit "A."
3. The term of this Agreement ��ve until the impact fee is repaid.
4. The amount of the im t f shall d th COUNTY in frill upon: a) the
sale of the dwelling t; g 't; c) a loss of the homestead
exemption; or d) the e f any part of the affected real
property, and in any s ent the deferred im t f paid in full to the COUNTY
not later then the closing e, or not later a ctive date of the transfer. As set
forth in Exhibit "B," the �drit IC / t fees is Twelve Thousand One
E Ci
Hundred Forty Throe and 94 /100 12,143,84). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5°/a) per annum, but in
no event shall it exceed twenty-five percent (25 %) of the total fee amount.
S. The deferred impact fees shall be a lien 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
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this 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.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. 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
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5/14/2013 16.D.1.
OR: 4263 PG: 3ov ,
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 this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGW RR ; Clerk
IJ�
AttesYs��,�yCl�rk
�'tdV!mtri+•e•oai• �
Print Name
✓a
STATE OF FLORIDA)
COUNTY OF COLLIER)
BOARD OF COUNTY COWAISSIONERS
COLLIER COUNTY, FLORIDA,
By:
co '
_ 7,,'
Jn Baptiste
g174IU0-r
The foregoing J tt was ac�gwlpd�d for nle this /3 day of
2007, by Ci+r'c o� a n Key hjtQ * g+�++�+i know to _me or has produced
as proof of identity.
w -rReto
4Y COKNI55f0\ • DDSOPI3r
ttomey
Signature of Person Takt� iedgnent
Recommend Approval:
Moky Krumbide,UPA
Director
Collier County Housing and Human Services
Packet Page -2738-
5/14/2013 16.D.1.
OR: 4263 PG: 3666 * * *I
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 149, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages7l through 77,
Inclusive, of the Public Records of Collier County, Florida.
F.XHBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Conectionsl Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Patios Impact Fee
F. Educational Facilities System Impact
G. Road Impact Fee ��`,�t�R CO(j
H. Government Buildings Fee
1. Law Enforcement lm ec
J. Sewer Impact Fee /
n O ( H
K. Water Impact Fee
o�
t" ,
'ACT FEES
Packet Page -2739-
Amount Owed
593.00
$59.80
$ 192.37
$561.70
$560.68
$827.00
$3,731.00
$150.24
$83.05
53,125.00
$2,760.00
$12,143.84
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5/14/2013 16.D.1.
Growth Management Division
+o�,ttit 2800 Horseshoe Drive N.
Naples, FL x i
34104
239- 252 -2400
V
t
RECEIPT OF PAYMENT
Receipt Number:
2013106034
Transaction Number.
2013 - 008917
Date Paid:
03/07/2013
Amount Due:
$15,173.34
Payment Details:
Payment Method Amount Paid Check Number
Deferral M/F EMS Payoff
Check $15,173.34 24140
Amount Paid:
$15,173.34
Change / Overage:
$0.00
Contact:
Habitat for Humanity of CC Inc
$59.80
11145 Tamiaml Trail East
Deferral M/F LIBRARY
Naples , FL 34113
FEE DETAILS:
Fee Description
Reference Number
Orlainal
%
Amount
Wd
GL Account
Deferral M/F PARKS Payoff
MS20130002497
$1,122.37
$1,122.37
346 - 116363- 324103 - 31346.1
Deferral M/F EMS Payoff
MS20130002497
$93.00
$93.00
350 - 140470 - 324103 - 31350.1
Deferral M/F JAIL Payoff
MS20130002497
$59.80
$59.80
381 - 110430- 324103- 31381.1
Deferral M/F LIBRARY
MS20130002497
$192.37
$192.37
355 - 156190- 324103 - 31355.1
Payoff
Deferral M/F ROAD Payoff
MS20130002497
$3,731.00
$3,731.00
336 - 163656 - 324103- 31336.1
D4
Deferral M/F SCHOOL
MS20130002497
$1,033.31
$1,033.31
113- 000000 - 209050
Payoff
Deferral M/F GOVT BLDG
MS20130002497
$150.24
$150.24
390 -122231 - 324103- 31390.1
Payoff
Deferral M/F LAW ENF
MS20130002497
$83.05
$83.05
385 - 110433- 324103- 31385.1
Payoff
Deferral M/F WATER
MS20130002497
$2,750.00
$2,760.00
002 - 138770 - 324103
Payoff
Deferral M/F SEWER
MS20130002497
$3,125.00
$3,125.00
002 - 138770- 324103
Payoff
Interest EMS
MS20130002497
$23.20
$23.20
350 - 989010 - 361190- 99350.1
Interest PARKS
MS20130002497
$280.00
$280.00
346- 989010 - 361190- 99346.1
Interest JAIL
MS20130002497
$14.92
$14.92
381- 989010 - 361190- 99381.1
Interest LIBRARY
MS20130002497
$47.99
$47.99
355- 989010 - 361190 - 99355.1
Interest ROAD D4
MS20130002497
$930.77
$930.77
336 - 989010- 361190- 99336.1
Interest GOVT BLDG
MS20130002497
$37.48
$37.48
390 - 989010 - 361190- 99390.1
Interest LAW ENF
M520130002497
$20.72
$20.72
385 - 989010- 361190- 99385.1
Interest WATER
MS20130002497
$688.53
$688.53
002- 989010 - 361190
Interest SEWER
MS20130002497
$779.59
$779.59
002- 989010 - 361190
Packet Page -2741-
5/14/2013 16.D.1.
Prepared by:
Collier County
Housing, Human & Veterans Services Dept
3339 E. Tamiami Trail, Building H, 0211
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(s) and holder(s) of a certain Impact
Fee Agreement executed by Kristi Brodbeck to Collier County, recorded on May,24, 2008 in
Official Records Book 4353, Page 0046, of the Public Records of Collier County, Florida, in
consideration of $24,266.44, 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, more particularly described as follows:
Unit 1403, Vista III at Heritage Bay Commons, a subdivision as recorded in Plat Book 43,
Pages 46 through 54 of the Public Records of Collier County, Florida.
(9055 Gervais Circle #1403, Naples, FL 34120).
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 -
2013, Agenda Item Number
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal
Je E. right
Assi t County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq., Chairwoman
Packet Page -2742-
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4156635 OR: 4353 ?G: 0446
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LUX AGRZ17AENT FOR DMIRRAL OF 1"% OF COLLIER COUNTY DVACT
FM FOR OWNER OCCUPM AFlORDAMA HOUSING DWA.IING UNM
This /lpemvmt is essered halo this -dry of April, 2001, betwtes Collier County, a
polidcd subdivision of the 8taoe of Florida (COUNTY) and - Knott Bsodbuk- (OWNER),
colkctivdy haled as the "Pasties."
NOW, THEIMOM Air Food and valuabk comidenabm the receipt ad sufficiency of
which is mstaeliy acj wmkdgod, the Patios agree as follow::
1. This Lien Agreement is toads ptaasaK m Chapar 74 of the Cork of Laws ad Ordinances of
Collier County, Florida, knmm as "The Collier County Consolidated Impact Fee Ordiaatoe"
(Otdmome). In the event of any conflict with this Agnwwd, the terms of the Ordinance
WWI apply.
2. The I%d dew i;*= of the s Exhibit "A."
3. The term of dds Ape dates , ■oa7 the inepaet fee is repaid.
4. The anus of the ' dyi paid COUNTY in fill upon: a) the
ode of the dw&n c) a lass of the hotnasead
easeanpfiw at d) tie f say pat of the a3focaed teal
psopaty, and it any the deiened ' be paid in !hill to the COUNTY
not Inler then the lasing or trot biter date of the ttass6 As at
forth it ExbtbR' W the fees is Nmeeem Thousand Four
Huedod Moves and 441100 DAm (MA11.941. Repsymmt shall iwAude any @nand
inexest. Interest shill be computed at the rue of five paoeas (9%) per aaeana. but in m
event loll it esxeed tsveaty5ve pu =neat (2Sl4) of the tonal fee auaoeert.
S. The defened impact fans shill be a liens m the plop oty dcKribW in Exhibit °A." which lion
trey be faseclowd ttpm in due event of son4mphaoce with the OWb moo or with this
Agmem= . This Apeenwat shall operate as a lien sprint the dwdk* unit. The lien shall
lenaium upon the tooa I of a ,-1, , or ssdxlicdm of lien in the public records of the
Cotety. The deferrals of itnpaex Am and this Agreement doll ran with the land, and uue'it -
the 111 -d impact fen nor this Apeewcat still be tsamfermd, aadynd, or otherwise
conveyed. E=q t as povided by law, vvpadlns of any re P Anwre on the first moulage or
other amity interest this lien shall odrawoo be superior sod pataaaomt to do' - , in
the dwelling veit of terry owner. Ime, womt, mortgagee, or other pawn. eaoelat toot this
lien aborts be on parity with soy lien for Coarmy taxes
6. Upon the said winty mnpWon of this Apecone 's regdna ncom COUNTY shall usoaed
any aaoasay dom oared a evidencing see.
7. In the event the OWNER is in defsnit under the 0, I'm o p or this Ag eement, and the debate
is not emed within 30 drys after wdow mlioe is povided to the OWNER. the COUNTY
Packet Page -2743-
Aft
Ste
5/14/2013 16.D.1.
OR: 4353 ?G: 0041
may, at its sole option, collect the impact fix amount in defiuh as :et forth in the Ordiww,
or bring a civil action to arfa= this Agrets =L or declare first the defarod impact fires are
then is dehok rod immad1wely due sod payable. The COUNTY aba{I be entitled to recover
all sees and vats, indudsng sdomWs foe sod cos m, bound by the COUNTY in enforcing
this Agieemed, plus iotaers at the then soodma n stattaory tale for judgmeats nkuhted on
a tam year basis uo6l paid.
11. Tim Apeeerent is the sole apeemeat betwom the parties v*h nupxt to the subject matter
ha K and shalt be bailors upon the OWNEIVS mwonoss and amigos is inwan
4. T bis Ago asest sbdl be os led in the official neoonds of the County at no cost to tht:
COUNTY.
IN WPi NM iWMZRUOF, the Pure= have oxeeult:d this Agreement an the date and yeas fuss
above written.
AVM- ay•EOrc„
STATE OF FLORMA)
COUNTY OF COLLIER)
The fotesoing Agreeamw was wJmvwtodsod bdvse me this _jt�dry of
20M &.- -. *44 who is pemomW lmowrn to me or bas poduced
•. Lrt:*f.ss. a proof of'idendy.
WILOW
Mw•rnst.- ttrattest. �+--�- ��L
ar�aa r S' of Pelson Taking lAcknowledgawnt
Approved as to form Recoo end
and W* fficieocy 7� 1.
M P
oChie y a
Collier County Housing and Humor Servioea
Packet Page -2744-
5/14/2013 16.D.1.
*** OR: 4353 PG: 0048 "t
F.XH1131T "A"
LEGAL DESCIUMON
Unit 14M Pats M at SW CONMesis, a subdwwon as ran" In rat seek A
raps" m w 64 sf'tbe Mille it wo s [Calks! Ceay. neri6s
f953 G "b Ctrde 048% 142ples, FMrus MIN
1MtACT FST HRF.Ai�OWN
TM of IMP" Fee
A.
EMS hoped Fee
B.
Conediond Facihities hoped Fee
C.
Unmy Imped Fee
D.
Coamwmuty Poles Imped Fee
E
Re *W Poles hasped Fee
F.
F.ducaansl FwATAes S
G.
Road hoped
H.
Ownro ►eat
I.
Iew Bs6aroem I- 44ip(
J.
WSW System lmp�
K
Sewer System
TMAL ReACT FEES
"CAN..W_I i
Packet Page -2745-
Aaovut Owed
$117-04
$90.11
5368.16
5750.00
$1,659.00
$ZJla00
56.059.00
5410.00
$171.61
53.415.00
$3,515.00
519,411.94
MICA_ _ JACKSON
IMSTYjACKSON
9055 C944AIS CIIiM #1403
NAPLES, FL 34120
1518 5/14/2013 16. D.1.
Simi
-115/ 2:)
DATE
6
FOR t� tF)-' l f
H.A n CM-
Packet Page -2746-
Growth Management Division
er C014 tty 2800 Horseshoe Orlve N.
Naples, FL
34104
239 -252 -2400
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
RECEIPT OF PAYMENT
2013111163
2013 - 014046
04/11/2013
$24,266.44
Payment Method Amount Paid Check Number
Check $24,266.44 1518
$24,266.44
$0.00
JACKSON, KRISTY #1403 #1403
9055 GERVAIS CIR
NAPLES , FL 34120
Fee Description Reference Number
Deferral M/F Community Park MS20130003932
Deferral M/F Regional Park
Deferral M/F EMS Payoff
Deferral M/F JAIL Payoff
Deferral M/F LIBRARY
Payoff
Deferral M/F ROAD Payoff
D6
Deferral M/F SCHOOL
Payoff
Deferral M/F GOVT BLDG
Payoff
Deferral M/F LAW ENF
Payoff
Deferral M/F WATER
Payoff
Deferral M/F SEWER
Payoff
Interest EMS
Interest PARKS
Interest JAIL
Interest ROAD D6
Interest GOVT BLDG
Interest WATER
Interest SEWER
Interest LAW ENF
Interest LIBRARY
5/14/2013 16.D.1.
Oriainal Amount GL Account
Eea ERA
$750.00 $750.00 346 - 156410- 324103 - 31346.1
MS20130003932
$1,659.00
$1,659.00
346 - 156405- 324103 - 31346.1
MS20130003932
$112.04
$112.04
350- 140470 - 324103- 31350.1
MS20130003932
$90.11
$90.11
381- 110430 - 324103 - 31381.1
MS20130003932
$368.18
$368.18
355 - 156190- 324103- 31355.1
MS20130003932
$6,059.00
$6,059.00
338 - 163658 - 324103 - 31338.1
MS20130003932
$3,577.72
$3,577.72
113- 000000- 209050
MS20130003932
$410.00
$410.00
390 - 122231- 324103 - 31390.1
MS20130003932
$171.61
$171.61
385 - 110433- 324103 - 31385.1
MS20130003932
$3,415.00
$3,415.00
411- 273511 - 324103 - 31411.1
MS20130003932
$3,515.00
$3,515.00
413 - 263613- 324103 - 31413.1
MS20130003932
$28.02
$28.02
350 - 989010 - 361190-99350.1
MS20130003932
$602.44
$602.44
346 - 989010 - 361190- 99346.1
MS20130003932
$22.53
$22.53
381 - 989010 - 361190 - 99381.1
MS20130003932
$1,515.22
$1,515.22
338 - 989010- 361190 - 99338.1
MS20130003932
$102.53
$102.53
390 - 989010 - 361190 - 99390.1
MS20130003932
$854.02
$854.02
411 - 989010 - 361190 - 99411.1
MS20130003932
$879.02
$879.02
413 - 989010 - 361190 - 99413.1
MS20130003932
$42.92
$42.92
385 - 989010 - 361190- 99385.1
MS20130003932
$92.08
$92.08
355 - 989010-361190- 99355.1
Packet Page -2747-
i
5/14/2013 16.D.1.
Prepared by:
Collier County
Housing, Human & Veterans Services Dept
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(s) and holder(s) of a certain Impact
Fee Agreement executed by David Moreno & Marisol Pacheco Moreno to Collier County,
recorded on July 7, 2006 in Official Records Book 4068, Page 0806, of the Public Records of
Collier County, Florida, in consideration of $15,329.74, 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, more
particularly described as follows:
LOT 13, BRISTOL PINES, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN PLAT BOOK 43, PAGE 7& OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
(7512 Bristol Circle, Naples, FL 34120).
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 -
2013, Agenda Item Number
ATTEST:
DWIGHT E. BROCK, Clerk
LIM
, Deputy Clerk
Approved as to form and
legalsufficiency:
Je Wright
AssVtant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Georgia A. Hiller, Esq., Chairwoman
Packet Page -2748-
J
3868085 OR: 4068 PG; 5/14/2013 16.D.1.
IIMOIDIO to oPimu 11c01D8 of cauz11 Warn, IL
07/07/2003 at 03:30Pa D11W 1. 11M, Min
ac 111 27.00
lets:
opinylpfu SOPPOIT /3091I16
LAIIII UAD 103 2330
IR1101110
This space for recardlaa
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 2k_ day of June, 2006, between Collier County, a political
subdivision of the State of Florida (COUNTY) and David Moreno & Marisol Pacheco (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I . This Liar Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance'
(Ordinance). in the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwell' ysn ed as Exhibit "A."
3. The term of this Agreemen ' �e to ve until the impact fee is repaid.
4. The amount of the im deferred shall be p to a COUNTY in full upon: a) the
sale of the dwelling t; ) g o t e dwe ing 't; c) a loss of the homestead
exemption; or d) th fi er of any part of the affected real
property, and in any pa be paid in full to the COUNTY
not later then the closi the sale, or not tat ve date of the transfer. As set
forth in Exhibit "B," unt of the def fees is Twelve Thousand. Two
Hundred S' ll epayment shall include any accrued
interest. Interest shall be compu 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 lien 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
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this 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.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. 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 this Agreement, or declare that the deferred impact fees are
Packet Page -2749-
Rmra to
Luna Bout
Coker Cwrly osH
2000 N. Her"5110c Drive
Napier. FL 34104
File# 06- 099 -1F
3868085 OR: 4068 PG; 5/14/2013 16.D.1.
IIMOIDIO to oPimu 11c01D8 of cauz11 Warn, IL
07/07/2003 at 03:30Pa D11W 1. 11M, Min
ac 111 27.00
lets:
opinylpfu SOPPOIT /3091I16
LAIIII UAD 103 2330
IR1101110
This space for recardlaa
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 2k_ day of June, 2006, between Collier County, a political
subdivision of the State of Florida (COUNTY) and David Moreno & Marisol Pacheco (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I . This Liar Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance'
(Ordinance). in the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwell' ysn ed as Exhibit "A."
3. The term of this Agreemen ' �e to ve until the impact fee is repaid.
4. The amount of the im deferred shall be p to a COUNTY in full upon: a) the
sale of the dwelling t; ) g o t e dwe ing 't; c) a loss of the homestead
exemption; or d) th fi er of any part of the affected real
property, and in any pa be paid in full to the COUNTY
not later then the closi the sale, or not tat ve date of the transfer. As set
forth in Exhibit "B," unt of the def fees is Twelve Thousand. Two
Hundred S' ll epayment shall include any accrued
interest. Interest shall be compu 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 lien 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
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this 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.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. 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 this Agreement, or declare that the deferred impact fees are
Packet Page -2749-
5/14/2013 16.D.1.
OR: 4068 PG: 0807
then in default and immediately due and payable. The COUN'T'Y shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above written.
Witnesses-
- -� - �1
Print amen
�7•
STATE OF FLORIDA titi��'R
COUNTY OF COLLIER
The foregoing A t G wl
David Moreno & Mari P c w _
as
[NOTARIAL SEAL]
Lauren J. Beard
'+?' :Commission#DDIS9094
}. = Expires: Oct 24, 2006
Bonded •mna
Atlantic Bonding Co., Inc.
STATE OF FLORIDA
igrn
O 7t-L /�' -
D d& oreno
is a(o ' day of June, 2006, by
known to me or produced
Public)
C-dm�s3ion Expires:
COLLIER COUNTY, FLORIDA
AMES V. MUDD, COUNTY MANAGER
COUNTY OF COLLIER yL
The foregoing Agreement was acknowledged before me this �- day of July, 2006, by
James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL]
(Signature of No blic)
= .
Commission ODD B wd
a. Expires: Oct 24, 2006
Bonded T,ru
Adanuc 9unding Co . Inc
ARtantunty orm and
le-
Jekow
A Attorney
LatL«r >. &C,
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
RJe tnmend appmv .
Denton Baker, Director of
Operational Support & Housing
Packet Page -2750-
5/14/2013 16. D.1.
OR: 4068 PG: U8o8 'IN
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 13, BRISTOL PINES, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN PLAT BOOK 43, PAGE 78, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
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
$226.54
D.
Community Parks Impact Fee
$561.70
E.
Regional Parks Impact Fee
$560.68
F.
Educational Facilities System Impac
$827.00
G.
'R OO(2
Road Impact
Fee �`'��
$3,731.00
H.
Government Buildin Fee
$176.92
1.
Law Enforcement w pa Fee
$83.92
J.
Water Impact Fee n
$2,760.00
K.
Sewer Impact Fee n. �f
r� a
$3,125.00
TOT PACT FEES Q
$12,263.74
V
rHE c��
SAC Avr*va
Packet Page -2751-
v
5/14/2013 16.D.1.
`W� �r-:� * 63044047
BMO Harris Bank 22W710
PAY Fifteen thousand three hundred twenty nine dollars and seventy four cents "' "*`"*" """ "' «"`* * ""'
4 DATE: AMOUNT
11120/2012 $15,329.74
TO THE
ORDER OF ... Collier County Board of County Commissioners
LJ W w
REMITTER 8M0 Harris Bank NA.
MEMO Satisfaction of lien of property Authorized Signature
Drawer BRO Harris !1A 01456
BM0 Home B11MOW. I%Afiy'ir1183
III `
JAN` 312013
HOUSING & HUMAN SERVICES
FISCAL SECTION
Packet Page -2752-
5/14/2013 16.D.1.
Growth Management Division
Cqft� �[t,�l.nty 2800 Horseshoe Drive N.
Naples, FL
34104
239 -252 -2400
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Deferral M/F PARKS Payoff
Deferral M/F EMS Payoff
Deferral M/F JAIL Payoff
Deferral M/F LIBRARY
Payoff
Deferral M/F ROAD Payoff
D6
Deferral M/F SCHOOL
Payoff
Deferral M/F GOVT BLDG
Payoff
Deferral M/F LAW ENF
Payoff
Deferral M/F WATER
Payoff
Deferral M/F SEWER
Payoff
Interest PARKS
Interest EMS
Interest JAIL
Interest LIBRARY
Interest ROAD D6
Interest GOVT BLDG
Interest LAW ENF
Interest WATER
Interest SEWER
RECEIPT OF PAYMENT
2013103977
2013- 006860
02/22/2013
$15,329.74
Payment Method
Check
$15,329.74
$0.00
Moreno, David
7512 Bristol Orcle
Naples, FL 34120
Amount Pald Check Number
$15,329.74 63044047
Gl
Reference Number
Oriainall
%
Amoun t
ftm
GL Account
MS20130001963
$1,122.38
$1,122.38
346- 116363 - 324103- 31346.1
MS20130001963
$93.00
$93.00
350- 140470- 324103- 31350.1
MS20130001963
$117.98
$117.98
381- 110430 - 324103 - 31381.1
MS20130001963
$226.54
$226.54
355 - 156190 - 324103- 31355.1
MS20130001963
$3,731.00
$3,731.00
338 - 163658 - 324103- 31338.1
MS20130001963
$1,033.75
$1,033.75
113 - 000000- 209050
MS20130001963
$176.92
$176.92
390- 122231- 324103- 31390.1
MS20130001963
$83.92
$83.92
385- 110433 - 324103- 31385.1
MS20130001963
$2,760.00
$2,760.00
002- 138770- 324103
MS20130001963
$3,125.00
$3,125.00
002- 138770- 324103
MS20130001963
$280.60
$280.60
346 - 989010- 361190 - 99346.1
MS20130001963
$23.25
$23.25
350 - 989010- 361190 - 99350.1
MS20130001963
$29.50
$29.50
381- 989010- 361190 - 99381.1
MS20130001963
$56.64
$56.64
355 - 989010 - 361190 - 99355.1
MS20130001963
$932.77
$932.77
338 - 989010- 361190 - 99338.1
MS20130001963
$44.23
$44.23
390 - 989010- 361190 - 99390.1
MS20130001963
$20.98
$20.98
385. 989010 - 361190- 99385.1
MS20130001963
$690.01
$690.01
002 - 989010- 361190
MS20130001963
$781.27
$781.27
002 - 989010 - 361190
Packet Page -2753-
5/14/2013 16. D.1.
Prepared by:
Wendy Klopf
Collier County
Housing, Human, and Veteran Services Dept
3339. Tamiami Trail E Suite 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
Tamiami Trail E., Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement
executed by Tedra Annette Gunn and Habitat for Humanity of Collier County, Inc. to Collier
County, bearing date the 22nd day of August, 2005, recorded in Official Records Book 3893, Page 2893,
of the Public Records of Collier County, Florida, hereby 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, more particularly described as follows:
Lot 48, Independence Phase II, according to the plat thereof, as recorded in Plat Book 43, Page 64-
66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (1292 Allegiance Way,
Immokalee, FL 34142)
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.
Dated this day of
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
lega fficiency:
J ff E right
si t County Attorney
2013.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Georgia A. Hiller, Esq. Chairwoman
Packet Page -2754-
u
L-�
Patrietc C. WM*
AWL C MW Coo" Att'y.
3301 TaWNEi Tndt Eat
Naplrn61 L 341 B
3741090 �R; `5114/2013_16.D.1.
HCOWD is 0111CI1lL UMUS of COLLIII COW, It
09/20/2005 at 09:299 DfICK 1. BIOCL, CN11
Be i=1 78.00
Mills 9.00 AOW
KIL:
INUCIAL 1DMI1 li IOOSIIG
IIi6102?IC1
011: IL01I8 106115 213 2991
M6 open for raardiq
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES -
EMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM
This Agreement for the Deferral of 100% of Impact Fees is entered into this 42"y o ,
2005 by and between Collier County, a political subdivision of the State of Florida, duough its Board f
Commissioners, hereinafter referred to aS "COUNTY," and ittr xum y.
hereinafter referred to as "OWNER," collectives�he "
�0 tEC1TA1ts: �l'�
WHEREAS, Collier o. 2001 -13, the lli County Consolidated Impact Fee
Ordinance, as amended by o. 2 No. 2 and as it may be further amended
from time to time, codified as C e of flier County Florida, hereinafter
collectively referred to as " fees for new owner - occupied
dwelling units qualifying for the ee Residential Im ee De • and
WHEREAS, OWNER has for a deferral of I ' fees as allowed by the impact Fee
Ordinance, and a copy of said appir on file in the o inancial Administration and Housing
Department, and ��jE CI_
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found
that it complies with the requirements for a 1001/a 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 tray 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 1.awsj the County Manager is authorized to me aft 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 I
Packet Page -2755-
5/14/2013 16. D.1.
OR: 3893 PG: 2894
NOW, THEREFORL, in Consideration of the foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acirnowledged, the Patties 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 properly and the legal description of the dwelling unit and its site plan (tier "Dwelling
Unit ") is attached as Exhibit "A," and is incorporated by reference herein.
3. PAYMENT OF MACT 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 pnmInisite to the issuance of the Building Permit(s) for that Development but for the
deferral agreement.
4. TERM. The term of the def V y� until such time that the subject Dwelling
Unit/Proporty is sold, toed or ad by payment to the County of the
rr11 s
full amount of the ' fele' Payment shall be tenet only if* Agreement has not
been breached by �Vjj time fatal psi shall be subject
to interest reuxma a gro ement is breached by the non -
County party.
5. REPRESENTATIO WARRANTIES. ,O and warrants the following:
a OWNER ]d earnings will n of $100,000, from all sources, as
set forth 01 (g) (4) and (5) ' V Fee Ordinance; and
b. The Dwelling U iod and the homestead of the OWNER, and
any change in the status of the occupancy or loss of homestead will c onstitnte a breach in
the agreement and impact fees will be considered to be in defsuh 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 o , to set forth in attached
Exhibit "B," incorporated by reference; and
d. The maximum sales price of the qualifying development will not exceed 2254,230; and
e. In maun for the COUNTY deferring repayment of 1000/9 of the impact foes owed by
OWNER until no later than the expiration of the TERM, the OWNER fmiher covenants
and agrees to comply with the Immolca lee Residential Impact Fee Deferral Program
qualification criteria detailed in Section 74- 201(8) (5) of the impact Fee Ordinance,
Page 2
Packet Page -2756-
5/14/2013 16.D.1.
OR: 3893 PG: 2895
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 terra, the
deferred impact fees may immediately become due and payable and may be requited to be paid in full
to the Canty within thirty (30) days or may be subject to the default provisions set forth in accordance
Section 74501 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 rum 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 S5. 675.99 as set forth in amiched Exhibit "B." This lien may be foreclosed
upon in the event of default Wed that if the OWNER is the mortgagor, the
COUNTY and OWNER , and in of a suitable security collateral being
provided by the O COUNTY, then all of th O S lien rights and interests arising
under this Agreemen are Muir, to each Feat mortgage ear
the Dwelling Unit, d regardless of any foreclosure on
the first mortgage 1 be superior and paramount to the
interest in the Dwe y , or other person, except that this
lien shall be on parity y lien for County tax O
S. RELEASE OF LIEN. satisfactory completi Agreement's requirements and the
requirements of the Immo includmg payment of the deferred impact
fees, the COUNTY shall, at UNTY, 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. Tie 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.
I I . REMEDIES. 71be following remedies are cumulative with any other right or remedy available to the
COUNTY:
Page 3
Packet Page -2757-
5/14/2013 16.D.1.
OR: 3893 PG: 2896
a. Should the OWNER of the property: (l) 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 euceedmg $100,000, or
(2) violate any provisions of this Agreement, which then constitutes a breach in the
agreement, impact feat 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 74501 of this
Chapter, and shall be paid in full by OWNER to the COUNTY within d my (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 a costs, including attorney's fees and expenses
Agreement, plus interest, at the then
u%r ry rate for final j ! , calculated on a calendar day basis
I d begin to accrue because the non-
shall accrue retroactively back
t im fee deferral agreement.
C. 1>d be is Agreement, and the default is
n (� within ninety (90) of written notice to the OWNER,
the may bring a civil rce the Agreement.
d. In addr or otherwise enforced by the COUNTY,
by action or s including the foreclosure of a mortgage on real
property. The COUNTY shall be entitled to recover all fees and costa, including
attorney's fees, plus interest at the statutory rate for judgments calculated on a
calendar day basis until paid.
Page a
Packet Page -2758-
5/14/2013 16. D.1.
OR: 3893 PG: 2897
94 WITI M WHEREOF, the Parties have executed this Agreement on the date and year firm above written.
S Tedra Annette G-
erm
P Print Name
���R Co;>
WrrNESS: 0 OWNER`'
I
STATE OF FLORIDA)
COUNTY OF COLLIER)
..�Q
Pant N Q
T IE C IRC�
The foregoing Agreement was acknowledged b
Tedra Annette Gunn and Samuel J. Durso of Habitat for
They 0 an personally {mown to me or 016�ve pro"
[NOTARIAL SEAL]
UNUpAF�OFES
I OOMMIWM i DD 272981
' EX FM Janwy 19, 2008
ouan . d..
Page 5
2?-day
d Director
:oemty, Inc. (Au6mind ftexter+e)
%e54�D
2005 by
_ as proof of identity.
of Person Taking Acknowledgment
Packet Page -2759-
5/14/2013 16.D.1.
OR: 3893 PG: 2898
COLLIER COUNTY, FLORIDA
By ��
JAMES V. MUDD, COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acimowkdged before me tins day of 2005 by
James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me.
[NOTARIAL SEAL]
FLORIS E. ROGERS
10 COW A1SS101+ • Dp42t062
.� j j':Xpj ES M.Y 10.2m a
ias•y n. w.ra�0 ' �.�
°
Approved as to form and
Patrick G. White
Assistant County Attorney
Denton Baker, Director
Financial Administration & Housing
Page 6
_ Packet Page -2760- _
5/14/2013 16.D.1.
OR: 3893 PG: 2899
EXHIBIT "A"
LEGAL DESCRIPTION
OWNERSHIP
ADDRESS
Tedra Annette Gunn and Habitat for Humanity
1292 Allegiance Way, Immokalee Florida 34142
Lot 481, Phase U, as recorded in Plat Book 43, Pages 64-66 of the
Public Records of Collier County, Florida
G�tE\
r�rE c�RC�
Page 7
Packet Page -2761-
5/14/2013 16.D.1.
Lalam�raa ` 1 �•. Ur -- ._----------- •-- - - - - --
ADDBBSS UNGISt 1239 _ 1299
• 1302 _ aliegigtnee Nap
1342 Cougtitution Court
1351 - 1382 Patriot Court
1420 _ 1417 A.erica Way
1517 Peace Way
Page 8
Packet Page -2762-
--- - ---- -- ._
EXiI ff "B"
EWPACT FEE BREAKDOWN
Type of Impact Fee
A.
EMS Impact Fee
B.
Correctional Facilities Impact Fee
C.
Library Impact Fee
D.
Community Parks Impact Fee
E.
Regional Parks Impact Fee
F.
Educational Facilities System Lard
G.
Road Impact Fee (< eoV
H.
General Govern
I.
Law Enforcement
�-
r
TOTAL EWPACT
An*ount Owed
$
93.00
$
117.98
$
204.85
S
632.43
$
631.40
kFeeo $ 1,778.00
Household ►n� 1,977.00
159.98
Ef
C _
pop 9
Packet Page -2763-
aCi
5/14/2013 16.D.1.
OR: 3893 PG: 2901 * **
r
5/14/2013 16.D.1.
Growth Management Division
e.�. rvtKty 2800 Horseshoe Drive N.
Naples, FL
34104
239 -252 -2400
RECEIPT OF PAYMENT
Receipt Number:
2012096220
Transaction Number:
2012 - 045081
Date Paid:
12/20/2012
Amount Due:
$5,675.99
Payment Details:
Payment Method Amount Paid Check Number
Deferral S/F ROAD Payoff
Check $5,675.99 23403
Amount Paid:
$5,675.99
Change / Overage:
$0.00
Contact:
Habitat for Humanity of CC Inc
11145 Tamiami Trail East
Deferral S/F PARKS Payoff
Naples , FL 34113
FEE DETAILS:
Fee Description
Refe nce Number
Oriainal
EM
Amount
Ead
GL Account
TIF Repayment
MS20120008368
$514.27
$514.27
186 - 138324- 324102
Deferral S/F ROAD Payoff
MS20120008368
$1,797.88
$1,797.88
339 - 163659 - 324102- 31339.1
D5
Deferral S/F PARKS Payoff
MS20120008368
$1,149.32
$1,149.32
346 - 116363- 324102-31346.1
Deferral S/F EMS Payoff
MS20120008368
$84.57
$84.57
350- 140470 - 324102 - 31350.1
Deferral S/F SCHOOL
MS20120008368
$1,616.91
$1,616.91
113- 000000 - 209050
Payoff
Deferral S/F GOVT BLDG
MS20120008368
$145.48
$145.48
390 - 122231- 324102- 31390.1
Payoff
Deferral S/F LIBRARY
MS20120008368
$186.29
$186.29
355 - 156190- 324102- 31355.1
Payoff
Deferral S/F LAW ENF
MS20120008368
$73.98
$73.98
385- 110433 - 324102 - 31385.1
Payoff
Deferral S/F JAIL Payoff
MS20120008368
$107.29
$107.29
381 - 110430- 324102 - 31381.1
Cashier Name: EvelynTrimino
Batch Number: 2881
Entered By: fieishmanpaula
Packet Page -2764-
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
5/14/2013 16.D.1.
Growth Management Division
,� 2800 Horseshoe Drive N.
Naples, fC
34104
239- 252 -2400
RECEIPT OF PAYMENT
2012096220
2012 - 045081
12/20/2012
$5,675.99
Payment Method Amount Paid Check Number
Check $5,675.99 23403
$5,675.99
$0.00
Habitat for Humanity of CC Inc
11145 Tamlaml Trall East
Naples , FL 34113
Fee Description
TIF Repayment
Reference Number
MS20120008368
Deferral S/F ROAD Payoff
MS20120008368
D5
186- 138324 - 324102
Deferral S/F PARKS Payoff
MS20120008368
Deferral S/F EMS Payoff
MS20120008368
Deferral S/F SCHOOL
MS20120008368
Payoff
$84.57
Deferral S/F GOVT BLDG
MS20120008368
Payoff
Deferral S/F LIBRARY
MS20120008368
Payoff
Deferral S/F LAW ENF
MS20120008368
Payoff
Deferral S/F ]AIL Payoff MS20120008368
Cashier Name: EvelynThmino
Batch Number: 2881
Entered By: flelshmanpaula
Oriainai
Fro€
B,moun
Paid
GL Account
1
$514.27
$514.27
186- 138324 - 324102
$1,797.88
$1,797.88
339 - 163659- 324102- 31339.1
$1,149.32
$1,149.32
346- 116363- 324102 - 31346.1
$84.57
$84.57
350 - 140470 - 324102 - 31350.1
$1,616.91 $1,616.91 113- 000000 - 209050
$145.48 $145.48 390 - 122231- 324102- 31390.1
$186.29
$186.29
355- 156190 - 324102-31355.1
$73.98
$73.98
385 - 110433 - 324102- 31385.1
$107.29
$107.29
381 - 110430 - 324102 - 31381.1
Packet Page -2765-
5/14/2013 16.D.1.
Propand br.
Collia County -
Housing, Humor & Vctaans Service: Dept
3339 E. Tamiaml Trail, Building K 0211
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. Tamiaml Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact .
Fee Agreement executed by AmUea Preveance and Marie S Joseph to Collier County,
recorded on September 11, 2002 in Official Records Book 3108, Page 1895, of the Public
Records of Collier County, Florida, in consideration of $5,222.98, receipt of which is hereby
acknowledged does remise, release, quitclaim, exonerate and discharge frmn the lien and
operation of the said agreement, that certain portion of the premises conveyed by said lien, more
particularly described as follows:
Lot 99, Vall 2, Pain RMp ra mw SoW- - - a, sce ding is dw pbl tbgME: roeardad Ia
Plat Hook 1, Paw t, of dw rew Aoaarda or Call W c]aaaq', !+Panda.
(710 Breezewood Drive.Imusokalee FI34142).
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 -
. 2013, Agenda item Number
ATTEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
leg uffieieney:
J fi .Wright
slant County Attorney
BOARD OF COUNTY CONMSSIONERS
COLLIER COUNTY, FLORIDA
By:
. Georgia A. Hiller, Esq., Chairwoman
Packet Page -2766-
!01
Prepared by.
Patrkk G. Wkise
An'a Copier County Att'y.
3301 Tomiatll Trail East
Kapia, Ft, 31112
FlIeN 03- 032 -I1F'
5/14/2013 16.D.1.
3044455 OR: 3108 PG: 1895
13=10 h WIGI)ti "COBS of MUIII =ft, n
11/11/2002 at 01:2011 KIM 1. ItOQ, CLM
to m 37.58
CotD3 3.00
111:
MIX I MU II[man
hilt 41110
IM: LilOtsl Bug
Tkb space for retordiag
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE -FAWLY AFFORDABLE HOUSING DWELLING
This Agreernem for the Deferral of 100' /0 of Impact Fees is entered into thisA, day of
2002 by and between Collier County, a political subdivision of the State of
Florida, through its the Board of County Commissioners, hereinafter referred to as "COUNTY."
and Amilca Preveance & Marie S. Joseph, hereinafter referred to as "OWNER," collectively
stated as the "Parties."
RECITALS:
WHEREAS, Collier County Ordinance -No. 2001 -12, the Collier County Consolidated
Impact Fee Ordinance, as amended by 2002 -34, and as it 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' /6
deferral of impact fees as set forth in the Impact Fee Ordinance; and
Packet Page -2767-
5/14/2013 16.D.1.
3108 PG; 1896
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 -241, E.l.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 flee 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 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. 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. 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 tern 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
ki
Packet Page -2768-
5/14/2013 16. D.1.
OR: 3108 PG; 1691
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,
CL 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 $5,222.9 8,
as set forth in attached Exhibit `B," incorporated by reference; and
C. 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 during the term of this Agreement.
S. SUBSEQUENT TRANSFER; REPAYMENT. If OWNER sells the Dwelling Unit
which is subject to the impact fee deferral to a subsequent purchaser, the Dwelling
Unit shall be sold only to persons or households meeting the deferral qualifying
criteria set forth in the Impact Fee Ordinance. 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.
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 Five Thousand Two
3
Packet Page -2769-
5/14/2013 16. D.1.
OR: 3108 PG: 1898
Hundred Twenty-Two dollars and 98/100 ($5,222.98), 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 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 payment of the deferred 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
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 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.
4
Packet Page -2770-
5/14/2013 16.D.1.
OR: 3108 PG: 1899
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 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 cued 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 lien may be foreclosed, or otherwise enforced by the
COUNTY, by action or suit in law 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,
W
Packet Page -2771-
5/14/2013 16.D.1.
OR: 3108 PG: 1900
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses:
OWNER:
Print Name Vj q4&Lrl j, Lj Xmilca Preveance
rte 2aK' ci '�1�'i? /91J•T_ .
Print Name _ 17 N
Cep,
STATE OF . C•�s 1 __�
COUNTY OF
OWNER:
Marie S. Joseph
The foregoing Agreement was acknowledged before me this day of
2002, by Amilca Preveance & Marie S. Joseph. They are personally known to me or Oroduced
P GI 5`00o- %, -0M-#ype of identification) as identification.
P G j bo -0
F �i �.
wDUt:3rA?SCF�A
�
Signature ofth rson Taking Acknowledgment
LAUREN J. BEARD
i MY Cr1M1M SMON if CC77719A
?mNO� EXPIRl�t �O.nIf10D2
1•IM -! NOTARY F'tt away ytr�en i IY�nhl C.�
STATE OF FLORIDA)
COUNTY OF COLLIER)
COLLIER COUNTY, FLORIDA
By:." y,,r• -- F
JAMES V. MUDD, COUNTY MANAGER
The foregoing AgreLnneni was acknowledged before me this t`day of 5�,�k,�_,
2002, by James V. Mudd, County Manager, on behalf of th ;COUNTY. He is personal vl known to
me,
[NOTARIAL SEAL) Signature of Person T ng _Acknowledgment
Approved as to form and
legal sufficiency:
Yn l uLLza=
✓ Patric White
Assistant County Attorney
Recommend Appro al
Denton Baker, Interim Director
ofFinancial Administration & Housing
6
Packet Page -2772-
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Packet Page -2774-