Agenda 01/11/2011 Item #16D 2
Agenda Item No. 1602
January 11, 2011
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign four (4) releases of lien for
deferral of 100 percent of Collier County impact fees for owner occupied affordable housing
dwelling units that were transferred from the developer to the new owner.
OBJECTIVE: Approve and authorize the Chairman to sign four (4) releases ofliens for deferrals of 100
percent of Collier County impact fees for owner occupied affordable housing dwelling units.
CONSIDERATIONS: On various dates, the Board of County Commissioner approved lien agreements
for deferral of 100 percent of Collier County impact fees for the purchasers of residential dwelling units
constructed by Habitat for Humanity of Collier County, Inc. The subject properties had been previously
awarded impact fee deferrals and lien agreements were recorded between Collier County and the
developer. By approving the purchasers' deferral agreements, the impact fee repayment obligation was
transferred from the developer to the new owner. In order to avoid duplicate liens against the subject
properties, staff recommends approval the attached releases oflien.
Name Property Description Assistance Provided Public Record
Habitat for Humanity Lot 1, Regal Acres $14,591.26 OR 4514 PG 2902
Habitat for Humanity Lot 6, Regal Acres $14,591.26 OR 4514 PG 2922
Habitat for Humanity Lot 7, Regal Acres $14,591.26 OR 4514 PG 2926
Habitat for Humanity Lot 10, Regal Acres $14,591.26 OR 4514 PG 2938
FISCAL IMPACT: None.
GRO\VTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a
simple majority vote. -JW
STAFF RECOMMENDATION: Approve and authorize the Chairman to sign four (4) releases oflien
for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling
units.
PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services
Agenda Item No. 1602
January 11, 2011
Page 2 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1602
Recommendation to approve and authorize the Chairman to sign four (4) releases of lien for
deferral of 100 percent of Collier County impact fees for owner occupied affordable housing
dwelling units that were transferred from the developer to the new owner.
1/11/2011 9:00:00 AM
Meeting Date:
Approved By
Marcy Krumbine
Director - Housing & Human Services
Date
Public Services Division
Human Services
12/21/201010:44 AM
Approved By
Hailey Alonso
Administrative Assistant
Date
Public Services Division
Domestic Animal Services
12/21/201012:41 PM
Approved By
Marla Ramsey
Administrator - Public Services
Date
Public Services Division
Public Services Division
12/28/2010 1 :56 PM
Approved By
Sherry Pryor
Management! Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
1/4/20119:12 AM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney
1/4/201111:37 AM
Approved By
Michael Sheffieid
Assistant to the County Manager
Date
County Managers Office
1/4/2011 2:23 PM
INSTR 4368958 OR 4514 PG 2902 RECORDED 12/3/2009 10:51 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $35.50
Agenda Item No. 1602
January 11, 2011
Page 3 of 23
Return to
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 10-039-IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 151 day of December, 2009, between Collier County, a
political subdivision of the State of F~Y) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) cOllecti~~~~,s."
NOW, THEREFORE, fr~and valuable co~A~n, the receipt and sufficiency of
which is mutually acknowledged, ~ P&!1i~sagree-as..:(OI~ows\ \
l. This Lien Agreement islmatii~~~{ ~ Colde of Laws and Ordinances of
Collier County, Florida~ !g1... ~ a~1~T~e ~91~icfCou~ty. fo~~.,~dated Impact Fee Ordinance"
\"\.-/'-.'::./,.J,.... 1"1
(Ordinance). In the eve\t~f any contlict WlthJts Agr~e~nt, the terms of the Ordinance
shall apply. \"'0\. .. .~,~. / Ie.'!!
\~~ \~, /,~~"
2. The legal description ofthe d~~)~~,~~~~~i~~}{,it "A."
3. The term of this Agreement is'fr-Q€liPEae...~i\Q8ty:s/Agreement until six (6) months after
----.-..=:::...:.----
issuance of the certificate of occupancy for the dwelling unites).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unites), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and
26/100 Dollars ($14.591.26).
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 unites). 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 from. Except as provided by law, regardless of any foreclosure on the first
1
OR 4514 PG 2903
Aaenda Item No. 16D2
~ January 11, 2011
Page 4 of 23
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, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER 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 DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Orditr<in~,nI'!, ~r €"rif\1!/-a"Civil action to enforce this Agreement, or
/" \.-1 ("P '<'::':'''U At'
declare that the deferred imp~ciDf~~det~:i1t'and immediately due and payable.
/u/ ""r'
The COUNTY shall be ~titleO--te-re<lQver all fees an'ci\c~ts, including attorney's fee and
/ / l.:t-~ ~-\ \
costs, incurred by the .tOBNTY in \enfOrcin this ~A~reement, plus interest at the then
maximum statutory rale ~~g~jak;t) ~W ~ ca\endar day basis until paid.
I l\ \ /l \ \ J! c, l! I, I
DEVELOPER will sell tpSiUrli~pers<ms'Wfle5e legat$t~.?tlI be verified, documented and
\ ~ \. ,\" I. j'--, / .
kept on file at the Office\~~~usmg and Hum~1~It5:6Jf the developer falls to comply
with the terms of the agree~p:o! the unit ceases t(i:9'e 1yy.1ized for affordable housing, or is
ld 1 l'd h"'fuJIZ'>>ltnt--o'f~~~d<'\'\/ fi h II b' d' 1 'd
not so to ega reSI ents, t e '~mf}'iE c:l1t~;;Jlllpact ees s a e lmme late y repal
to the County, including all applicablenrn;resr-a:na penalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'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:, " ,.
DWfG'Hi~KIii{oCl<., ci6rk
;'~(i\:~.'~si:~:~';~, j.~."",'.-
B'y;:; )l~: ':: ,.,.'
-., ". ';. ">;:-";" .',::,.co" :~J, ". Deputy Clerk
AtUst', 'I \',," ...... .
. '~... ~.
...as"w" cw: ' .
st~~t',~"",,' :" .,
"... "',v '.Oft .iI'" ',,'
,,->(':.:3l,:5-
BOARD OF COUNTY COMMISSIONERS
COLLIE COUNTY, FLORIDA
By: J~-210112009
DONNA FIALA, Chairman
"
2
OR 4514 PG 2904
'.- .
DEVELOPE~:.~~ of Collier County, Inc.
BY:"~
/ Samuel J. rso, M.D.
President
WITNESSES:
~~ ."
P~~~' \<ol-l\tJheyas
Agenda Item No. 16D2
January 11, 2011
Page 5 of 23
~~
UiDtName: no ---:- He<-r~ .V lJJ\r-"~
0/ ,f ~
STATE OF FWRlDA II ~
COUNTY OF COLLIER / / ~ ~ ~ 11. \
The forgoing instruI1Je~t ffa( acl<fio~d~1.~ef' is\ ~ 8 day ofOC.:\- ) .1009, by
Samuel J. Durso, M.D. as pr:etSJ#Pt~J.l{ao.~1 (orIItymam!t dfCppi,.9' ~ou~ty, I~c., ~
personallYlmowntomeorh~... ...r\Otl..~d ~~ ~..l.'...., Id~n.
\I.~\ "(A I /k"i _
\ ,\\ ....;l:':t /
[NOTARIAl. QJ;'.AJ 1 ,\~.".,..... J ,
.U'".... "Itl \. t-:.r. \._... ,. - ..
",\\~,...TRE:;o"'~" ~C~. .SignatureofN...bfa~.' ..'blic
,:; O"'P ....... ~ r). /",t\ /
~ ..d'\{ .. ~ . '-~j"... / \"lo /
~ "..l-P . '0.... ~ .(, -" -cv /
~.....<<.. ~~ ^'. 0::. " '~1'1' ~ '1'1:.)( // L
~ ~:o ~....,<~,... ~.c. = '<' '. .:' . ... ! 1'.->/ T
= <.~ fi.'(I> ~~ ~')'b · Q = B17Yta ~
:. a: : CJt:i ~~ --."",<0; : _:: . .
~ g ~ ~\~~ ~<;) ~. tss Prmt Name of Notary PublIc
~ ~ .. ~~. ~~".. v~
~ ... t' .. ,~<<'$'
.,..., ........ o~ "
""~ ST^~ \\\\\....
Ittllrtllt\'I\\
Approved as to form
and legal sufficiency:
Recommended Approval:
,L~^~
Director - Housing and Human Services
f~_~
Colleen Greene
Assistant County Attorney
3
*** OR 4514 PG 2905 ***
Agenda Item No. 1602
January 11, 2011
Page 6 of 23
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 1, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
10231 Kingdom Cou..."i, Naples, Florida 34114
EXHIBIT "B"
IMP~~~WN
/Cf?'v~~~;;\
Type of Impact Fee (u;: '\ ~. .
I~= ~ \
A. EMS Impact Fee I 1/f'YJ *'l."")n ~)~./7\ \
I I( I (l) \ }r' \\ \! I !
B. Correctional Facil\~\~'E.~) ~ ~ ~ r If-!
'. \ ", ,i"',.., I
r- , 1,,1' I I :::-"
,~\ '1" i ,i ,/
C. Library Impact Fee \\~~, ,,~ ~~ !. ',./..:::;- '/
'\r', ',"\ ! /"\...../
/{.- '-i / ( . /
\ { " ......',
D. Community Parks Impa~t(!;:;e~,~"';\. ,/
'""''/''';-'''---;'\..'i/
'....... l {Jr' ~~1' L ;/
E. Regional Parks Impact Fee ,-~;..._/
Amount Owed
$116.06
$190.61
$424.14
$862.50
F. Educational Facilities System Impact Fee
$1,907.85
$3,343.68
$482.59
G. Government Building Impact Fee
H. Law Enforcement Impact Fee
$193.83
I. Water Impact Fee
$3,575.00
J. Sewer Impact Fee
$3,495.00
TOTAL IMPACT FEES
$14,591.26
4
INSTR 4368967 OR 4514 PG 2938 RECORDED 12/3/2009 10:51 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $35.50
Agenda Item No. 1602
January 11, 2011
Page 7 of 23
Return to
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 10-048-IF
This spaee for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this l5t day of December, 2009, between Collier County, a
political subdivision of the State of ~C~UNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collecy ~~~ie~"
NOW, THEREFORE, fov~~/and valuable ~tfeJatiQn, the receipt and sufficiency of
which is mutually acknowledg4, t116 }'l~ies agree....asi;.Q'ows\ \
1. This Lien Agreement is t.a~~ c~e of Laws and Ordinances of
Collier County, Florida~ ~~ as.ll{r4e }:~$e~u\y ~o~~lidated Impact Fee Ordinance"
\I..!\~'~/'~ ~'.'.'f
(Ordinance). In the evertr'o,f any contllct witli"'this Agref~pt, the terms of the Ordinance
\ t~\\...i}.> J I _I I
shall apply. \1':4-\ --r~~;~1 /!-.S1
2. The legal description ofthe\k~li)ng unit is attached~~~lbit "A"
. ~<I;" ~:~,,~) . / . .
3. The term of thiS Agreement IS frOJ!ljl~suance; \0J-tlil~ Agreement until SIX (6) months after
~:::..~~-
issuance of the certificate of occupancy for the dwelling unites).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unites), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and
26/1 00 Dollars ($14.591.26).
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 unites). 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 from. Except as provided by law, regardless of any foreclosure on the first
1
OR 4514 PG 2939
Agenda Item No. 16D2
January 11, 2011
Page 8 of 23
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, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER 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 DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the ~~~'G~~ action to enforce this Agreement, or
declare that the deferred im~~~J.r?i'i'-and immediately due and payable.
I.~/ ",r \. .
The COUNTY shall be rt1tf~ver all fees an(f\o~, Includmg attorney's fee and
costs, incurred by the ,tO~TY 'in\e~;;~is A~em\nt, plus interest at the then
. I firrnJd ! /7\'.1~''''f) l~ II \ \ d db' '1 'd
maXImum statutory rate gr au gmentJ C . c1M9ie(~\ Oi}' al calen ar ay aS1S untl pm.
-----LO-~R 'II 11 L-, \\, \ ..1\ \ ~).l.i (hI' j I I ~:ll b - - d d d d
1).t.: V .t.: p.t.: Wi se Ule 1Jinlt-tt'fpetsOOtr wl'l~ egut$tatU5~1il e veri fie , ocumente an
\ C \ 1:.... I I !'::::/
kept on file at the office ~!tIousing and Hum~~ervic~~~Y the developer fails to comply
with the terms of the agre~h4n~'.o.. r the unit cease~ t~... ({ ~ti:nzed for affordable housing, or is
" 0" /,,'\./
not sold to legal residents, the 'fUU~t-?~~~bnllact fees shall be immediately repaid
to the County, including all applicable li1terest1'i:tldpenaltics.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'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: '
DWIGHT ,I;.-l3.R.Q};.,K, Clerk.
. .J'7:.:?'~/:,
BOARD OF COUNTY COMMISSIONERS
COLLiCY'7D~
By: Yth- ~01/2009
DONNA FIALA, Chairman
,1-.,"
2
OR 4514 PG 2940
Agenda Item No. 16D2
January 11, 2011
Page 9 of 23
BY:
WITNESSES:
~
Print Name: {\J Ie\<- \<(')c.dohp't"4.$
/~l~A
..>, c::.-- :< \'P
G""' ;;
STATE OF FLORIDA ~r~ '--~ ~ l
COUNTY OF COLLIER /~ ~\'\( '7?
The forgoing instrul11lentj a~or.'l~d~ll ~ie~Mni 3 day of Cc..+ j 2009, by
Samuel J. Durso, M.D. as Pte,sid6nt\roY1iaoitat iJitiimanitY dfcbuier County, Inc., who is
personally known to me or llhPl-O'dUiiid ~ ~ 1./0::. ds i entification..-
[NOTARIAL C;:~T.l \~\ ~/f~' J Ic::")/ ~/
~"'<< (tnttl \ ',,1''' " ' ,
~,,~lI.f'- LOI;' ""oil \ r ~," Si nature ofNotary.'Pu lie
,$'~~' ...... "1')- ',,-, '-,0,,'-''- _/\" /
So ,'~OTAIT}.!. ~ ~ ", /.' 'h ____ __\..\ /
!~/IJ \\t% <.,...' J{~f:' ,-, ,RL// /
:: . ",y Comm. Expires: 0 -= --...:... J!~ . rl'ii?L c- _ 7.
= : August29,2010' = _-
; ~ No. DO 590338 :. :: Print Name of Notary Public
'S. -. .. ~
-:.dl~ " I:>UBL\C .' '!'r~
". .d~" .' ...<:)~,
',-7 .....~, ~
"'" OF FLO \\\,\,'\
1/1"'11"1\'\'
Approved as to form
and legal sufficiency:
Recommended Approval:
~~
Colleen Greene -
Assistant County Attorney
~L~
-..)
Director - Housing and Human Services
3
*** OR 4514 PG 2941 ***
Agenda Item No. 1602
January 11, 2011
Page 10 of 23
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 10, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through
90, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
10267 Kingdom Court, Naples, Florida 34114
EXHIBIT "B"
IMP~~lG10WN
/Cf. O~) 1V1~
C . ~
, ~
Type of Impact Fee I ," '\.
\;.,..;. \ \' ! 1".... I
\\ , ':[( I !~.!
\ \ ... I Ii,
C. Library Impact Fee \0\ ..J,~ J /:::;';
,"',J \ ,"^~' " .l
\f ,ti-. "\. , ! /.....--...!
./r " A \....'1
. \~ ~ " '
D. Commumty Parks Imp~~7.~~.. . "".:\\.//
~'h-----( ,--' r'
.t ]-ff.,; -qR./
E. RegIOnal Parks Impact Fee'!:::-~"""/
Amount Owed
$116.06
$190.61
$424.14
$862.50
G. Government Building Impact Fee
$1,907.85
$3,343.68
$482.59
F. Educational Facilities System Impact Fee
H. Law Enforcement Impact Fee
$193.83
1. Water Impact Fee
$3,575.00
$3,495.00
J. Sewer Impact Fee
TOTAL IMPACT FEES
$14,591.26
4
INSTR 4368963 OR 4514 PG 2922 RECORDED 12/3/2009 10:51 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $35.50
Agenda Item No. 1602
January 11, 2011
Page 11 of 23
Return to
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
FiIe# 10-044- IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 1st day of December, 2009, between Collier County, a
political subdivision of the State of ~CiUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) coUecti ~~~f!~~"
NOW, THEREFORE, fo4~'an.d valuabl~i(Jat~n, the receipt and sufficiency of
which is mutually acknowledget<. th~~ies agree-as..f9~ows\ \
1. This Lien Agreement isrj~~?\~ C'fe of Laws and Ordinances of
Collier County, Florida~ ~(wz\ a~IJ(T'e F~*e~iuD1Y~O~~I~dated Impact Fee Ordinance"
(Ordinance). In the ev~~~\..~...a;;; c~ ~~S~j.~._~Jt, the tenns of the Ordinance
shall apply. \;p <;~ / /,0/
\1- ,":// U/
2. The legal description of the aw~~~~i;X:hibit "A."
3. The term of this Agreement ~~<t-Q~~~;~jai~{greement until six (6) months after
issuance of the certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and
26/100 Dollars ($14.591.26).
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(s). 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 from. Except as provided by Jaw, regardless of any foreclosure on the first
1
OR 4514 PG 2923
Agenda Item No. 16D2
January 11, 2011
Page 12 of 23
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, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER 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 DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordjna~.. .'1m- t5riml"lI8:;SiviI action to enforce this Agreement, or
declare that the deferred im~~~~~d immediately due and payable.
I U/ "'~~ \
The COUNTY shall be entitlea~ver all fees anct coSts, including attorney's fee and
costs, incurred by !be 6o~ ~<~s Airem\nt, plus interest at the then
. I fiff?\ld fQ'\..n i) :~ 71 \ \ d db' '1 'd
maxImum statutory ra,e pr ~u :\lnt, ca:!c~ed~ or a) ,calen ar ay aSlS unt! Pal.
DEVELOPER will sell tli~\~~ers~~es'e legJ~stirtuslWhh be verified, documented and
\ I. \ 1> I l :::::-/
kept on file at the office \~ousing and Hum~SerVices..:::,-:tf the developer fails to comply
with the terms of the agre~~~:'Or the unit cease;'~{~~i{zed for affordable housing, or is
ld 1 l'd h"'}:-i/:'~~l' ~1;)">/ fi h 11 b' d' 1 'd
not so to ega res I ents, t e! Ull aItlO . ' . r. '. ucu)lmpact ees s a e Imme late y repal
''-:!....t Eel. \Z ....~ /
to the County, including all applicable mterest-afiapenalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'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 \VHEREOF, the Parties have executed this Agreement on the date and year
first above writt~J:.1.
Attest:":' J:Fa.' . ,
. " 1'1 .
DWIGHJ;':E. HRQCK,~Clerk
."~. f; " ". "c;_ .\.~ \.;.,
4-~' "f:.- .::;:"
('f~y~~{ ";""l":' ,~ ,
::. :~:ttoSt,'-:!'_.to~'CNtnt.M
,s1'~~o.al"-r' ~,
~.. ~~ .',. ,.'~.:..':-;~-- - .:
BOARD OF COUNTY COMMISSIONERS
COLZftOUNTY, :;;ZlD~
By: f~ ~/01l2009
DONNA FIALA, Chairman
;...f: _.
2
OR 4514 PG 2924
Agenda Item No. 16D2
January 11, 2011
Page 13 of 23
BY:
WITNESSES:
~_.-
Print Name: N Ie\<- KOL\..\D"C->Y4S
\,,\\tllI 1 II"".
\\ LOO '"
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= : My Comm. Expires. ::
= : August 29. 2010: =
~ ~ No. 00 590338': ~
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Illlf"" ,,1\\\
Approved as to fonn
and legal sufficiency:
/~:bRCO~V
/ (J . 1'-;;
STATE OF FLORIDA ! 7~'~ ~ \~
COUNTY OF COLLIER /~ ~ ~ .. U
The forgoing instru~e~tiY"a~ ac! OfI1d~~fidfoi~~fhi . ; 3 day of Oct ) .2009, by
Samuel J. Durso, M.D. as Pl!e~dent\foI;. .a&ett :fOr: F.t~an~ 0.[ cptll~r County, Inc., ~
personally known to me or Ha~pr~d ~ ~. '\ / C::::'as' entification.
\ ~ \ . . I ..~,
\~\'.I'< J / '
\;f.. \~#'~ ll.}.l
\:t-~"" Si nature of~~tP'ublic
".....J/'::' ~--~:\5\",
~J:i~rtJ;;;;: L- T
Print Name of Notary Public
[NOTARIAL SEAL]
Recommended Approval:
~~
Colleen Greene
Assistant County Attorney
^
A---'
3
*** OR 4514 PG 2925 ***
Agenda Item No. 16D2
January 11, 2011
Page 14 of 23
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 6, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
10251 Kingdom Court, Naples, Florida 34114
EXHIBIT "B"
~
Type of Impact Fee I ('k ~ '\' \
A. EMS Impact Fee fer "(vA J
B. Correctional FaCil~~~~WI~j
. \ t...-:". \ <lJ(A I / ""'i/
C. LIbrary Impact Fee\~ \ ~~ / /:::::/
\'/'\ ,I.., I /,>'-'/
. \....r ~ -y/~ ,-.'!
D. Commuruty Parks Imp~~~ '. /<0//
',./' -"-::-~-'\..)' /
-'~ i-J f;' ('l'R L ..../
E. Regional Parks Impact Fee -::.._~~_/
Amount Owed
$116.06
$190.61
$424.14
$862.50
F. Educational Facilities System Impact Fee
$1,907.85
$3,343.68
G. Government Building Impact Fee
$482.59
H. Law Enforcement Impact Fee
$193.83
I. Water Impact Fee
$3,575.00
$3,495.00
J. Sewer Impact Fee
TOTAL IMPACT FEES
$14,591.26
4
INSTR 4368964 OR 4514 PG 2926 RECORDED 12/3/2009 10:51 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $35.50
Agenda Item No. 16D2
January 11, 2011
Page 15 of 23
Return to
Frank Ramsey
HHS
3301 E Tamiaml Trail
Naples, FL 34112
File# 10-045-IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 1 st day of December, 2009, between Collier County, a
political subdivision of the State Of. Flor~Y), ~d "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) COlleCtl~~~ies."
NOW, THEREFORE, fo4b;l~d valuable ~J'~ the receipt and sufficiency of
which is mutually aCknOWledgr ~l'~es a~olIows\ \
1. This Lien Agreement is fIIl1~~kQr ~ Core of Laws and Ordinances of
Collier County, Floridal kniJ as I.The Collli.e. oun:ty Cohsohdated Impact Fee Ordinance"
~ .-" 1\ \ )1\ \ f 7 I ~ I I h j
(Ordinance). In the ev~~t6.f'if;c~"nllict ~t~:this.JAgieJrkit, the terms of the Ordinance
\ \-f\ \ 'Vb ) / :::; I
shall apply. \",,::;\ ~ifJ 10/
\1-"~ ./ e,/
2. The legal description of the Ci~~Un:g~nit is attacheg~~'.SnIbit "A."
'>. '/, --,-, --------:,.~ \ . /
3. The term of this Agreement is"i:r<l.!!l~!llis Agreement until six (6) months after
issuance of the certificate of occupancy for the dwelling unites).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unites), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and
261100 Dollars ($14.591.26).
5. The deferre9 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 unites). 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 from. Except as provided by law, regardless of any foreclosure on the first
1
OR 4514 PG 2927
Agenda Item No. 16D2
January 11,2011
Page 16 of 23
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, including, but not limited to, a full or partial
release of lien.
7. In the event the DEVELOPER 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 DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in default and
assessment as set forth in the O~in~ Pl ~"Civi1 action to enforce this Agreement, or
.. ./::~;..,:\. )-;~A t'.0.
declare that the deferred im~;rees are then in cfe.faU1t'\c1nd immediately due and payable.
Thc COUNTY shall be ftit~vcr all fccs ~c~\s, including attorney's fee and
. / ~ '-----J\ ...u~
costs, incurred by the CO~TY in lerlf'oJtg ~his A~em\:nt, plus interest at the then
maximum statutory mlc ~0. ~~. M c~ ~\\cnr4.' . ca\endar day basis until paid.
L_ 1\ \. ;,=erLj ) I l!> , a~ I. I ,L I
DEVELOPER will sell tlie;tirii~+-'efsOr.i~ Ie. gaftst;atus. ;~.-iH be verified, documented and
,_. P ... !~I
kept on file at the OffiCe\~~USing and Hum~~(1i~~8)f the developer fails to comply
with the terms of the agree~nt:'Q-!" the unit ceases tg.::be iU~il'ized for affordable housing, or is
,Ijl....;"" /''\..'./
not sold to legal residents, the f\jl~...!9~!:e~~;'Iiripact fees shall be immediately repaid
to the County, including all applicablem~est1i:naPenalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'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.
BOARD OF COUNTY COMMISSIONERS
COLLIER UNTY, FLORIDA
By: ~ d~1lr112009
DONNA FIALA, Chairman
2
OR 4514 PG 2928
Agenda Item No. 1602
January 11, 2011
Page 17 of 23
WITNESSES:
~
Print Name: (\j Ie\<.. K(')Lt lohe'r'as
. ~:bR C~.
Pro ~.. ~~\
STATE OF FLORIDA I .~ -..J"'\ . \
COUNTY OF COLLIER I ~ ""':\ ~'\~17 J
The forgoing instrwrle~tlrai. ac I otl(!d~4i ~e.~.91i~ ~ '3 day ofOc{- .. .2009, by
Samuel J. Durso, M.D. as Pf:e,SlAAnt\fOl> a&&t tD~I{umamL3!C,o~ County, Inc., ~
personally known to me or W~t~e'd '-.::;:;../ ~. " ! 't'as id ntification.
\~. \.' .? j ./ :.....!}Y
[NOTARIAL SEAL] \'~,..,.\I .' :0/
\,\,,,11 I "'t", \~'1-(,:--., S' nature ofNcta." : ..\..-Public
",,\~ l.OR..q.~""" '.', ./" ,,?>
~~~...~oVA;l~.:.-9;'.::. "-::,'1> :-::----==<:'.:\.:)\ /
~O . \"" . v--=. "',,} f-1~f..? ", \~\..>? l ~
! <' l My Comm. Expires .~ 0 % ,-.l.!~ ~ ~m.o.. _ l _
:: : flUgust 29, 2010: =
; ~ 110, DO 590338': ~ Print Name of Notary Public
~ ... ~. .'^~!!
~dl... eo PU6\..\~""",,~~~
"r"" '0.. II' O~~~
1i'''~1 f); O~ f\.: \\'l'
"t'''IIIII\\''\\
Approved as to form
and legal sufficiency:
Recommended Approval:
~~
Colleen Greene
Assistant County Attorney
...
-D
3
*** OR 4514 PG 2929 ***
Agenda Item No. 16D2
January 11, 2011
Page 18 of 23
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 7, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
10255 Kingdom Court, Naples, Florida 34114
EXHIBIT "B"
IMPA~~Ki}OWN
k~
Type ofImpaet Fee I 7~. '\. \ \
A.EMSbnpactFee [ ~@W\'J7\ 1
B. Correctional FaCil,\iej;\\l!'~~J~:j L J f! f-.,
\;...... \ ~ "'I I ; C::: I
\. ,; -, !
. /\ '4.(1 / '< {
C. LIbrary Impact Fee\. ',.. \ ~~, / I:;:!
,.<, \ -"'7{ ( / \ ,!
\ r", '\ \ '\..' ,. _. ,
'\.....t~' .., 7/' '-.) /
O C . P k 1m ~ ..-c' ...... /
. ommumty ar s pa~~,ge~ ","/:_<'/
~"'./' .. ~ ,.,\..\ "../
,,,7"[, r: C~ R \../~/
E. Regional Parks Impact Fee '~3-/'
Amount Owed
$116.06
$190.61
$424.14
$862.50
$1,907.85
F. Educational Facilities System Impact Fee
$3,343.68
G. Government BuildingImpact Fee
$482.59
$193.83
H. Law Enforcement Impact Fee
I. Water Impact Fee
$3,575.00
J. Sewer Impact Fee
$3,495.00
TOTAL IMPACT FEES
$14,591.26
4
Agenda Item No. 16D2
January 11, 2011
Page 19 of 23
Prepared by:
Priscilla Doria
Collier County
Housing, Human, and Veteran Services
3301 E. Tamiami Trail
Naples, FL 341112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 E.
Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement
executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded in Official
Records Book 4514, Page 2902, of the Public Records of Collier County, Florida, on December 3,2009,
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 1, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90,
inclusive of the Public Records of Collier County, Florida. (10231 Kingdom Court, 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
property .
Dated this / 1M day of
I
va "'I.(C',-y
, 2011 .
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal suffieiency:
~
!
JeffE. ri t
Assistan ounty Atto~::-
Agenda Item No. 16D2
January 11, 2011
Page 20 of 23
Prepared by:
Priscilla Doria
Collier County
Housing, Human, and Veteran Services
3301 E. Tamiami Trail
Naples, FL 341112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 E.
Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement
executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded in Official
Records Book 4514, Page 2922, of the Public Records of Collier County, Florida, on December 3, 2009,
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 6, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90,
inclusive of the Public Records of Collier County, Florida. (10251 Kingdom Court, 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
property.
Dated this
11M dayof \ Jt:ih"QO(
, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal s~iency: ......
Jeff{~
Assistant County Attorney
Agenda Item No. 1602
January 11, 2011
Page 21 of 23
Prepared by:
Priscilla Doria
Collier County
Housing, Human, and Veteran Services
3301 E. Tamiami Trail
Naples, FL 341112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 E.
Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement
executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded in Official
Records Book 4514, Page 2926, of the Public Records of Collier County, Florida, on December 3, 2009,
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 7, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90,
inclusive of the Public Records of Collier County, Florida. (10255 Kingdom Court, 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
property .
Dated this / / '" day of ,Ja nll~'Y ' 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
./'""\
Jeff
Assi
Agenda Item No. 1602
January 11, 2011
Page 22 of 23
Prepared by:
Priscilla Doria
Collier County
Housing, Human, and Veteran Services
3301 E. Tamiami Trail
Naples, FL 341112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY TIIESE PRESENTS: That Collier County, whose post office address is 3301 E.
Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement
executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded in Official
Records Book 4514, Page 2938, of the Public Records of Collier County, Florida, on December 3, 2009,
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 10, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through
90, inclusive of the Public Records of Collier County, Florida. (10267 Kingdom Court, 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
property .
Dated this /'/"1~ day of JI
,-- " Qrlt.J.IJ"1
, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
Approved as to form and
legal s ciency:
.
right
t County Attorney
Jeff .
Assis
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