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Agenda 03/13/2012 Item #16D63/13/2012 Item 16.D.6. EXECUTIVE SUMMARY Recommendation to approve two (2) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units that have been repaid in full. OBJECTIVE: Approve two (2) releases of lien. 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 fee for any new owner - occupied dwelling unit which qualifies as affordable housing under this article. Section 74- 401(3) of the Code authorizes 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 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 I Property Address Payoff Amount Official Public Record Graciela M. Wright 4510 Botanical Place Circle, #105 $8,908.61 Book: 3998, PG: 2528 Michele D. Lescard 4510 Botanical Place Circle, #204 $8,712.70 Book: 3976, PG: 2733 FISCAL IMPACT: A total of $17,621.31 has been repaid to Collier County. The funds have been deposited in the appropriate impact fee trust funds. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. —JW STAFF RECOMMENDATION: Approve and authorize the Chairman 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: Kimberley Grant, Interim Director, Housing, Human and Veteran Services Packet Page -1377- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6. 3/13/2012 Item 16.D.6. Item Summary: Recommendation to approve two (2) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units that have been repaid in full. Meeting Date: 3/13/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Services 2/2/2012 3:52:49 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Services Name: DoriaPriscilla 2/2/2012 3:52:51 PM Approved By Name: AckermanMaria Date: 2/3/2012 11:59:50 AM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 2/14/2012 3:35:35 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 2/14/2012 10:26:54 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 2/22/2012 2:46:52 PM Name: RamseyMarla Packet Page -1378- Title: Administrator, Public Services Date: 2/28/2012 10:30:58 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 3/1/2012 11:05:16 AM Name: KlatzkowJeff Title: County Attorney Date: 3/2/2012 2:42:31 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 3/6/2012 9:05:41 AM Name: KlatzkowJeff Title: County Attorney Date: 3/6/2012 9:54:24 AM Name: OchsLeo Title: County Manager Date: 3/6/2012 11:34:59 AM Packet Page -1379- 3/13/2012 Item 16.D.6. 3/13/2012 Item 16.D.6. Prepared by: Priscilla Doria 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 Graciela M. Wright to Collier County, recorded on 3/15/2006 in Official Records Book 3998, Page 2528, 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: Unit 105, Building 3, Botanical Place, a condominium, according to the Declaration of Condominium, recorded at Official Records Book 3933, Page 2655, of the Public Records of Collier County, Florida. (4510 Botanical Place Circle, #105, Naples, FL 34112) 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 , 2012. ATTEST: DWIGHT E. BROCK,. Clerk , Deputy Clerk Approved as to form and lega iciency: 4 5 Jeff . right Assi' t County Att orney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Packet Page -1380- Prepared by: Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building 11, #211 Naples, FL 34112 RELEASE OF LIEN 3/13/2012 Item 16.D.6. THIS SPACE FOR RECORDING 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 Michele D. Lescard to Collier County, recorded on February 3, 2006 in Official Records Book 3976, Page 2733, 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: Unit 20f, Building 3, Botanical Place, a condominium, according to the declaration of condominium thereof, recorded in Official Records Book 3933, Page 2655, of the Public Records of Collier County, Florida (4510 Botanical Place Circle, Unit,: "�04, Naples, FL 34112). 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 , 2012. ATTEST: DWIGHT E. BROCK, Clerk : , Deputy Clerk Approved as to form and legal sufficiency: Jeff E. Wight AssistanVCounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA wa FRED W. COYLE, CHAIRMAN Packet Page -1381- C' 6: w ngM' 45 Impact Fee Deferal OR Book: 3998 PG: 2528 PAY Annua! Year 2/28/06 - 2/27/07 Year 2/28/07 - 2/27/08 Year 2/28/08 - 2/27/09 Year 2/28/09 - 2/27/10 Year5 2/28/10- 1/20/11 3/13/2012 Item 16.D.6. AMOUNT CALCULATIONS signed 2/28/2006 134112 Total lien amount) $7,158.27 interest of 5%, not to exceed 25% $357.91 Daily per diem rate $0.98 365 days @ $0.98 $357.91 365 days @ $0.98 $357.91 365 days @ $0.98 $357.91 j 365 days @ $0.98 $357.91 325 days @ $0.98 $318.69 j Total accurred interest $1,750.34 Payment Received 1/20/2011 $ 8,904.63 BALANCE OWED $3.98 Packet Page -1382- As of: saw 3/13/2012 Item 16.D.6. lv�Rl THIS TS WATERMARKED PAPER DO NOT ACCEPT WffHMIT NOTING WATERMARK - HOLD TO LIGHT TO VERIFY WATERMARK 126025784 aRw� :o; "ki . 41�; Pit wil; J,. n w y3 THOPSAND NXU HUNPRW FOUR W, 63/ �8, �94 §.4 tix 4Q9 . . I SAY PAPA- -SR S f LL1. N 00 , F-HOR E ORD9.R T.'Ek 3 94 ..z pot !DIT a14, V1 - 1. .. ... ts. Sir -�d Wzv Arm $0 Im" Packet Page -1383- tf* L o ? {a 8 l; 3/13/2012 Item 16.D.6. ffl tools 71011 0586 COLLIER COUNTY BOCC 11114/2011 107086887 Description _ Base Amount Net Amount 0586 53.98 Y $3.98 Total Sri.98 $3.98 d i,-4j- 4rr'-z � G i 600,L: v� 9 e 1 00.' c�5ca?8 COLLIER COUNTY BOCC 11114/2t}11 OCIL (0 v A hA ,••53.98" DO NOT ACCEPT WITHOUT NOTING WATERMARK - HOLD TO LIGHT TO VERIPY WATERMARK 1001s CASHIER'S CHECK 107086887 6161 DATE 83- 8281!2531 ... 11114/2011 AMOUNT IS *13,88 THE PURCHASE OF AN WDEMNITY BONDMRY"BE REQUIRED BEFORE AN OFFICAL CHECK 0$NIS C CREDIT uNION YVu sE R£PLAGED OR REPtOM D -..IN THE EVENT IT IS LOST WSPLACED Cok t=Dt 4 VOID AFTER 90 DAYS. . So 1: 2631 8'n +n.. 1 r- 'I' -1 3ES07n1 Packet Page -1384- �— 3/13/2012 Item 16.D.6. a , a Official Receipt Collier County Board of County Commissioners CDPR1103 - Official Receipt GRACiELA M. WRIGHT 4510 BOTANICAL PLACE Payor : SUNCOAST 03-105 FEDERAL CREDIT UNION Fee Information 31ip Nbr 30 I I I I ree t.00e I uescn uvn A I %2L PWWUnL I Mft'RJLJ11i VVOIVWU 09PDFM PARKS DEFE RAL PAYOFF M/F 34611636332410331346 $1396.20: PAYOFF 09EDMF I EMS DEFERRAL M/F PAYOFF 35014047032410331350 PAYOFF M/F 35515619032410331 09JDFM I JAIL DEFERRAL PAYOFF M/F 38111043032410331381 Payments rG 1116111 LIUU6 11LW4 YVI161.r1\ I�YIItUGI -- /'MIIVY"' CHECK 12602 784 $8904:133 Total Cash .00 I Total Non -Cash I $8904 63 Total Paid $8904.63 Memo: i Impact fee deferral payoff - R3998 PG2528. r Cashier/location: EVELYNTRIMINO / 1 User. FLEISHMANPAULA Collier County Board of COL nty Commissioners Printed: 1/25120114.30:55 PM CD -Plus for Windows 95/N' Packet Page -1385- 08SBDM I SCHOOL DEF RRAL PAYOFF M/F 1130000002090500C 09GBDFM GB DEFERRA PAYOFF M/F 39012223132410339 098DFM I SEWER M/F DIEFERRAL PAYOFF 0021387703241030C 091 BDFM I LIBRARY DEFERRAL PAYOFF M/F 35515619032410331 Payments rG 1116111 LIUU6 11LW4 YVI161.r1\ I�YIItUGI -- /'MIIVY"' CHECK 12602 784 $8904:133 Total Cash .00 I Total Non -Cash I $8904 63 Total Paid $8904.63 Memo: i Impact fee deferral payoff - R3998 PG2528. r Cashier/location: EVELYNTRIMINO / 1 User. FLEISHMANPAULA Collier County Board of COL nty Commissioners Printed: 1/25120114.30:55 PM CD -Plus for Windows 95/N' Packet Page -1385- 3/13/2012 Item 16.D.6. - Official Receipt j Collier County Board of County Commissioners CDPR1103 - Official Receipt I I Trans Number . I Data I Post Date I Pavment Slio Nbr I GRACIELA M. WRIGHT 4510 BOTANICAL PLACE Payor : GRACIELA M WRIG #3-105 Fee Information Fee Code Description GL Account Amount Waived 09PDFM PARKS DEFER AL PAYOFF M/F 34611636332410331346 $0.62 09EDMF EMS DEFER M/F PAYOFF 35014047032410331350 $0.05 09JDFM JAIL DEFERRA PAYOFF WF 38111043032410331381 $0.07 09DFM2 ROAD DEF PA FF M/F D2 33316365332410331333 $1.48 08SBDM SCHOOL DEFE RAL PAYOFF M/F 11300000020905000000 $0.46 09GBDFM GB DEFERRAL AYOFF M/F 39012223132410331390 � :09 09SDFM SEWER M/F D ERRAL PAYOFF 00213877032410300000 $1.12 09LBDFM LIBRARY DEFE RAL PAYOFF M/F 135515619032410331355 $0.09 1 oial I �ii.yLS Payments Payment Code I Account heck Number Amount CHECK 1107086EB7 3.98 Total Cash $0.00 Total Non -Cash $3:98 Total Paid $3.981 Memo: Additional amount owed for ipact fee deferral payoff - OR3998 PG2528. See Trans #96694 for $8904.63 payment Collier County Board of Coun Commissioners CD -Plus for Windows 95/NT Cashier/location: KATHLEENVANSICK / 1 User: FLEISHMANPAULA Packet Page -1386- Printed: 12/6/20112:40:26 PM s Return to Lauren Beard Collier County OSH 2800 N. Horseshoe Drive Napies. FL 34104 File# 06- 092 -IF LIEN AGRE FEES FOR This Agreement County, a political (OWNER), collecth NOW, THEIR which is mutually ac 3/13/2012 Item 16.D.6. 3801572 ux: im yu: na HCHUD in OFFICIAL 11eO1D5 of COLLIII COOITT. FL 03/15/2006 at 09:19AK MGM 1. 81OC1. CL111 1ne F11 35.30 IAMW RetQ: COLLI11 COWT ON IMi11011I0 IUM 111110 403.2335 This spas for recording FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT OCCUPIED AFFORDABLE HOUSING DWELLING UNITS entered into this IS' day of ,d& 2006, between Collier )division of the State of Florida (COUNTY) and Graciela M. Wright stated as the "Parties." DRE, for good and valuable consideration, the receipt and sufficiency of wledacd, the PaartW"s`aw—eiii�o s: I. This Lien Agree rent is m t to Chap a Code of Laws and Ordinances of Collier County Flori a Collier Coun Co olidated Impact Fee Ordinance" (Ordinance). I i the en of any c with 's A t, the terms of the Ordinance shall apply. 2. The legal descr ption 11 h E t "A." 3. The term of thiii A is from the date s �, til the impact fee is repaid. 4. The amount o the impa deferred shall be p rt&Ae COUNTY in full upon: a) the sale of the dwelling unit; b)�lling unit; c) a loss of the homestead exemption; or ) the first occurrenc sale or transfer of any part of the affected real property,4 and it, any such event the deferred impact fees shall be paid in full to the COUNTY not later then t)e closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit `B," the amount of the deferred impact fees is Seven Thousand, One Hundred Fift - ight dollars and 27/100 ($7,158.27). Repayment shall include any accrued interest. inter t shall be computed at the rate of five percent (5 %) per annum, but in no event shall it e> ceed 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 a 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 d ferrals of impact fees and this Agreement shall run with the land, and neither Packet Page -1387- the deferred it conveyed. Exc other security i the dwelling w lien shall be on 6. Upon the satisi any necessary ( 7. In the event the is not cured wi may, at its sole or bring a civil then in default all fees and co; this Agreement a calendar 8. This Agree herein, and 9. This Agre( COUNTY. 3/13/2012 Item 16.D.6. 4R: xw rv: Rio pact fees nor this Agreement shall be transferred, assigned, or otherwise pt as provided by law, regardless of any foreclosure on the first mortgage or terest, this lien shall otherwise be superior and paramount to the interest in t of any owner, lessee, tenant, mortgagee, or other person, except that this Parity with any lien for County taxes. ctory completion of this Agreement's requirements, COUNTY shall record Pcumentation evidencing same. OWNER is in default under the Ordinance or this Agreement, and the default hin 30 days after written notice is provided to the OWNER, the COUNTY )ption, collect the impact fee amount in default as set forth in the Ordinance, Pction to enforce this Agreement, or declare that the deferred impact fees are nd immediately due and_ay, ble. The COUNTY shall be entitled to recover s, including c incurred by the COUNTY in enforcing plus int a then maximum ry rate for judgments calculated on F r -__ IN _rte Packet Page -1388- respect to the subject matter assigns in interest. he County at no cost to the IN WITNESS first above written. Print Print Name 3/13/2012 Item 16.D.6. OIL; J170 ra: z3a the Parties have executed this Agreement on the date and year OWNER: Orn p Graciela M. Wright STATE OF FLORID COUNTY OF COLL R The foregoing greement was acknowledged before me this _Z� day of , 2006, by Graciela M. Wright, who is personally known .. _ Q- me or produced as identification /) �', /� 7 [NOTARIAL SEAL] �� ary Public) « CIV ISM k � � 1 jm , nj of N ublic) o o x C ORIDA By. STATE OF FLORID DAME D, COUNTY MANAGER � COUNTY OF COLL R IE ('1,V' The foregoing greement was acknowledged before me this 41-- day of 2006, by James V. Mupd, County Manager,_ on behalf of the COUNTY, who is personally known to me. [NOTARIAL SEAL] [ (Signature of N Public) Lauren J. Commission emd 159084 Expires: Oct t 2 2006 (Print Name of Notary Public) �;•�i�= Bonded Th Commission Number: My Commission Expires: i A to form d R mmend approval: leg --�' Jeffr . Klatzkow Denton Baker, Director of Assi unty Atto ey Operational Support & Housing Packet Page -1389- 3/13/2012 Item 16.D.6. OR: J596 FU: 1 31 """ EXHIBIT "A" k LEGAL DESCRIPTION 5 UNIT 105, BUILDING 3, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING rO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 26559 OF THE PUBLIC ijiCORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. EMS Impact Y ee B. Correctional Facilit C. Library Impai t Fee D. Community F arks I E. Regional Parl s Imp F. Educational F aciliti G. Road Impact iee H. Govenunent iulldi L Sewer ImpacFee 4 y JAK Approved e EXHIBIT "B" IMPACT FEE BREAKDOWN i co stem Impact Fee TOTAL IMPACT FEES S It 1 Packet Page -1390- ---- - - - � - — -- Amount Owed $93.00 $117.98 $166.90 $561.70 $560.68 $827.00 $2,662.00 $159.01 $2,010.00 $7,158.27 -1 To: From: Date: 3/13/2012 Item 16.D.6. Memorandum Amy Paterson, Impact Fee and Economic Development Manager Jeff E. I Wright, Assistant County Attorney January 12, 2012 Subject: Impact fee payment (Michelle lescard lien) Attached please find 4 check (Quantum Servicing check no. 0000058104) in the amount of $8,712.70, representing! payment in full of the amount due under the referenced impact fee lien, which was recorded at 4ortgage O.R. Book,Z2Zk, Page 2733. This lien was asserted by the County as being superior to the in Case No.10- 2571 -CA, and as a result, the mortgagee has agreed to pay the entire �alance due under the lien. Please feel free to contact me if you need additional information. F cc: Jeffrey Jeffrey A. Klatzk Kimberley Grant, f, County Attorney kerim Director, Housing, Human and Veteran Services Office of the Collier County Attomey Packet Page -1391- CM Ln r ru ti 0 r r e I Packet Page -1392- 3/13/2012 Item 16.D.6. � mJ 1 Av ^V X1.7 v cx 1 O A I i 3/13/2012 Item 16.D.6. PAY OFF AMOUNT CALCUL4TIONS �rcMede t3��scat'd 4 ' le�-Ofif�„ 45� Naple A 34,11Z,-.- Recorded or} az103 06� Boo 397b, Page 2733. Date of Agreement: ;January 26, 2006 Annual interest of 5 %, not 6 exceed 25% Total Lien Agreement Annual Interest 5% Daily per diem rate k $6,970.16 $348.51 $0.95 Year 1 365 MEM $348.51 Year 365 1 $348.51 Year 3 365 $348.51 Year 4 365 $348.51 Year 5 365 1 $348.51 Total accurred interest $1,742.54 G :j Final Payoff Amount Due $8,712.70 i+ Return to: Lauren Heard Collier County OSH 2WO N. Horsehsoe Drive Naples, FL 34104 File# 06- 044-IF --- 3/13/2012 Item 16.D.6. 3778873 OR; 3976 PG; 2733 RICORDID in OIIICIIL RIC0RD3 Of COLLIII CODRTT, IL 02/0312006 it 04:556!1 DWIGHT 1. BIOCI, CL111 Beta: I1C 111 61.50 COLLIER CODITI 031 IRTIROIIICI LA911W DIM 403 -2331 This space for recording AGREEMENT F `IR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES a FOR OWNER OCCUPIED AFFORDABLE HOUSING UNITS This Agreemd" t for the Defe :� act Fees is entered into this day of January, 2006,; by at>d betw County, a po bdivision of the State of Florida, through its the Board of C t 9mmis eina r ferred to as "COUNTY," and Michele D. Lesicard, herein ft f�eP cti ly stated as the "Parties." WHEREAS, �olli ty Ordinance N 004 , dified in Code of Laws and Ordinances (Code) a Section = 1, established an r -0 e Housing Impact Fee Deferral Program (Program); land such r a y ,cam y referred to as the "Impact Fee Ordinance," which pr vides for deferrals of impact fees for new owner - occupied dwelling units qualifying as affordable housing; and I , WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordi*ce, and a copy of said application is on file in the office of Financial Administration and Hd►using Department; and WHEREAS, tie County Manager, or his designee, has reviewed the OWNER'S i application and has fond that it complies with the requirements for an affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and w ;F • a Page 1 of 7 t: Packet Page -1394- I 4 b. C. d. e. which is s Unit shall criteria set the DwelIi deferred ur Impact Fee sale of the homestead be compute exceed twe 6. AFFORDA affordable 1 Agreement; 3/13/2012 Item 16.D.6. OR; 3976 PG: 2735 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first -time home buyer; The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; 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 Six Thousand Nine Hundred Seventy dollars and 16/100 ($6,970.16), as set forth in attached Exhibit `B," incorporated by reference; and In return for the ferring repayment of 100% of the impact Bees owed �� CQ un than the expiration of the TERM, DWN versants and a es o comply with the affordable sous g i t ee t l a. t* cri ria detailed in the Impact Fee L41 NNI'M REPAY NT. If ER sells the Dwelling Unit Icwu t i . mpact fee de f equent purchaser, the Dwelling sold o ons o s meeting the deferral uali -CIE IR q Ong rth in the Impact ce. In the case of sale or transfer by gift of Unit, the original OWNER shall remain liable for the impact fees said impact fees are paid in full or until the conditions set forth in the rdinance and this Agreement are satisfied. Repayment occurs upon the telling unit, refinancing of the purchase mortgage or at the loss of the emption. Repayment shall include any accrued interest. Interest shall at the rate of five percent (5 %) per annum, but in no event shall it -five percent (25 %) of the total fee amount. .E REQUIREMENT, The Dwelling Unit must be utilized for Lsing as defined in the Impact Fee Ordinance during the term of this id if the Dwelling Unit ceases to be utilized for that purpose during Page 3of7 Packet Page -1395- - - -- 3/13/2012 Item 16.D.6. OR: 3976 PG: 2734 WHEREAS, jan impact fee deferral agreement may be presented in Iieu of payment of the requisite impact feessubject to satisfaction of all criteria in the Impact Fee Ordinance qualifying E the project as eligibll for an impact fee deferral; and WHEREAS, �ursuant to Code Section 74 -201, E.l.b. of the Impact Fee Ordinance, the County Manager is aµthorized to execute certain Impact Fee Deferral Agreements; and t WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, ley signing this Agreement, the County Manager will approve a deferral of impact fees for OW+R in support of creating Affordable Housing. NOW, THEWORE, in co foregoing Recitals, and other good and valuable consideration, the rec ' sufficiency o hereby mutually acknowledged, the Parties covenant +d agr as o f 1. RECITAL IN O gcita s are true and correct and are 2. LEGAL D -SCR N. The legal des ' do o dwelling unit and its site plan (the "Dwelling U ' i attached as Exhib Q d is incorporated by reference herein. { CSC 3. TERM. Ze term of this Agreement commences from the date the certificate of occupancy lis issued for the Dwelling Unit until repaid. Repayment occurs upon the sale of the Idwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. During this term the Dwelling Unit must remain as affordable housing ani 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. TWNER's household earnings will not exceed the limit for low income as 4efined in the Impact Fee Ordinance, and the OWNER's monthly 2 F Page 2 of 7 v Packet Page -1396 - 3/13/2012 Item 16.D.6. OR: jy76 PG: 1736 such period, the full amount of the deferred impact fees shall be immediately repaid V' to the C(IUNTY. G 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuini until paid or released, the dollar amount of deferred impact fee shall M constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Nine Hundred:' eventy dollars and 16/100 ($6,970.16), as set forth in attached Exhibit "B." This lien1may 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 i n consideration of a suitable security collateral being provided by the j OWNER i o the COUNTY, t 0 OUNTY'S lien rights and interests arising E under this Agreemen a consi inferior, and subordinate to each first mortgage on e� Unit. Except els here noted in this Agreement, gr , and regar4ess o an os ge r other security interest, such P lien shall �th ise a up o t e i erest in the Dwelling Unit of t .0'). any own less ant, mortgagee, o ther ers xcept that this lien shall be on parity with�any lie �ounty taxes. 8. RELEASE OF LI E s completion of this Agreement's requiremer is including a � g paym eferred impact fees, the COUNTY shalt, at the expensi of the COUNTY, record any necessary documentation evidencing such payment, icluding, but not limited to, a release of lien. 9. BINDING tFFECT. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns fi 10. RECORDI*G. This Agreement shall be recorded by COUNTY at the expense of a OWNER irl the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. g I I . DEFAULT OWNER shall be in default of this Agreement if- a. OWNER fails to sell the Dwelling Unit in accordance with the affordable l lousing standards and qualification criteria established in the Impact Fee Page 4 of 7 Packet Page -1397- 3/13/2012 Item 16.D.6. OR: 3976 PG: 2737 a Ordinance, and thereafter, fails to pay the impact fees due within thirty a (30) days of mailing of written notice of said non - compliance, or b. h OWNER continues to violate any of the affordable housing qualification A criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 12. REMEDIS. The following remedies are cumulative with any other right or remedy available tfb the COUNTY: a. S ould the OWNER of the property: (1) fail to comply with the said qttlification criteria at any time during the fifteen (15) year term; or (2) violate any provision eement, then the dollar amount of impact t WR C fe4 deferred i in ER to the COUNTY within thirty (30) days cation of said 'ola 'on. b. Sljl7 ould he b aul of this Agreement, and the 4� ult s n red w thin 9 ys aft mailing of written notice to th a O the COUNTY ay rin civil action to enforce the Ag -eemen c. In addition, a b In or otherwise enforced by the CO�JNTY, by action w or equity including the foreclosure of a mo�tgage on real property. The COUNTY shall be entitled to recover all fees and, costs, including attorneys fees, plus interest at the statutory rate for jud�ments calculated on a calendar day basis until paid. I {F I IN WI1 Year first above 3/13/2012 Item 16.D.6. OR: 3916 FG: Z738 S WHEREOF, the Parties have executed this Agreement on the date and Print Name /C,A Print Name L A E VTF STATE OF COUNTY OF The foregoing Michele D. Lesc Ch Mr [NOTARIAL�►1 • 1* r- 1 "Z- OWNER: C Wvw4z - Michele D. Lescard Agreement a me this q-T_ day of January, 2006, by rd. a Persona wn to me or have provided as ideas . ca �t S o T ing Acknowledgment COLL , FLORIDA 0 , T . MUDD, COUNTY MANAG R STATE OF FLORID ) COUNTY OF COLLI � s R) The foregoing greement was acknowledged before me this t day of Jan James V. Mudd, Count/ Manager, on behalf of the COUNTY. He is personally yknown to January, 2006, by [NOTARIAL SEAL] a Signa of Person T g Acknowled east gm A v d R mmend Approval le s y: 5 I Jeff-re Kl ow Denton Baker, Director of N Assis t unty Attor iey Operational Support & Housing Lauren J. Beard : Commission #DD 159094 •,� •= Expires: Oct 24, 2006 Bonded Tea e 6 of 7 � Atlantic Bonding CO., g Packet Page -1399- 3/13/2012 Item 16.D.6. OR: J916 PG: 2739 EXHIBIT "A" LEGAL DESCRIPTION MICHELE D. LESCARD r UNIT 204, *UILDING 3, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING tFO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OiFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. k EXHIBIT "B" IMPE� OWN Type of Impait Fee Arno ed A. EMS Impachee $93. E B. Correctional acil ties a 1 I C. Library Imp4t F 6 N D. Community Darks t Fee g E. Regional Parr Impac e F. Educational 1�cilities Syst RC' 7.00 l G. Road Impact ee $2,662.00 H. Government 4uildings Impact Fee $129.22 I. Sewer Impact�Fee $2,010.00 TOTAL IM#ACT FEES S6,970.16 Pcw Approved H/07,05 Page 7 of 7 Packet Page -1400-