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Agenda 04/12/2011 Item #16D2 4/12/2011 Item 16.D.2. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign four (4) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner oceupants with a continuing fiscal impact of $59,065.45. OBJECTIVE: To approve and authorize the Chairman to sign the attached four (4) lien agreements for deferral of 100% of Collier County impact fees for owner oecupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, applications for defennent were submitted by program participants, which applications, after staff review, were detennined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing, Human and Veteran Services. The ordinance requires that a lien a[,'Teement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401 (3) of the Code authorizes the County Manager to sign deferral a[,'Teements with applicants qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Aecordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has dete1111ined that until directed otherwise by the Board, these agreements routinely be placed on the eonscnt agenda for the Board's review, approval and Chainnan's signature. Approval of this agenda item will continue the deferral of 100% of Collier County impact fees for the following owner occupied affordable housing dwelling units. Please note that these a[,'reements will transfer previously approved dcfcrral agreements from developer to owncr occupants. As such, no new money is bcing dcferred at this time. Applieant(s) File Lega Number ----- Menard Charles and Fritzleine 10-102-IF Lot 8 Charles Etiennc Javier Gonzalez Vera 10-103-IF Lot Francisco Galvan and Raquel 10-104-11' Lot Ligas ------ 1------ Josephine Rozier and Jcan B. 10-]05-IF Lot 13 Lacoste I , Re scription Deferral Deferral Being Amount Replaced -- gal Acres $14,591.26 OR Book: 4514 PG:~930 . Liberty $15.246.26 OR Book: 4514 ding -~ PG: ~784 , Liberty $15.246.26 OR Book: 4514 dinp PG: 2788 -- egal Acres $13,981.67 OR Book: 4514 PG: ~950 ~DC 134 Lan ]36 Ian ,R Packet Page -1956- 4/12/2011 Item 16.0.2. FISCAL IMPACT: These agreements will continue to defer in total $59,065.45 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no !,'Uarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. This item requires a simple majorify vote. - JW STAFF RECOMMENDATION: To approve and authorize the Chairman to sign the attaehed four (4) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from dcvelopcr to owner occupants. PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human & Veteran Serviccs Packet Page -1957- 4/12/2011 Item 16.0.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2. Item Summary: Recommendation to approve and authorize the Chairman to sign four (4) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval ofthis item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $59,065.45. Meeting Date: 4/12/2011 Prepared By Name: DoriaPriscilla Title: SH1P Loan Processor,Housing, Human & V deran Services 3/15/2011 3:00:55 PM Submitted by Title: SHIP Loan Proccssor,Housing, Human & Veteran Services Name: DoriaPriscilla 3/15/2011 3:00:57 PM Approved By Name: RamseyFrank Title: Manager, Housing, Human and Veteran Services Date: 3/16/2011 10:17:52 AM Name: AlonsoHaiJey Title: Administrative Assistant.Domestic Animal Scrvices Date: 3/16/201 J 4:17:42 PM Name: AckermanMaria Date: 3/22/20 II 1:59:37 PM Name: KrumbineMarcy Titlc: Director - Housing & Human Serviccs.Housing. Human & Veteran Services Date: 3/23/2011 10:45:25 AM Packet Page -1958- 4/12/2011 Item 16.D.2. Name: CarncllSteve Title: Director - Purchasing/General Scrvices,Purchasing Date: 3/25/2011 7:08:26 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 3/25/2011 7:59:56 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/28/2011 9:03:10 AM Name: RamseyMarla Title: Administrator, Public Services Date: 3/30/201 I 4:05:06 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/1/2011 8:50:49 AM Name: 1sacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/4/20 II 3: 19:35 PM Name: Isackson Mark Title: Director-Corp Einancial and Mgmt Svs,CMO Date: 4/4/2011 3:48:56 PM Packet Page -1959- 4/12/2011 Item 16.0.2. Return to Priscilla Doria Collier County HHVS 3339 E. Tamiami Trail Naples, Florida 34112 File# 10-102-IF Thi" space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 12th day of April, 201], between Collier County, a political subdivision of the State of Florida (COUNTY) and "Menard Charles and Fritzleine Charles Etienne" (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 dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affecfed real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Foutteen Thousand Five Hundred Ninet\'-One and 76/100 Dollars ($14,591.26l. Repayment shall include any accrued interest. Interest shall be computed at the rate ofii\'e pcrcent (5%) per alIDUm, but in no e\'ent shall it exceed twenty-live percent (25'%) of the total fee amount. 5. The deferred impact fees shall be a lien on thc 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 Agreemel11 shall operate as a lien against the dwelling unit. The lien shall tenninate upon the recording of a release or satisfaetion of lien in the public records of the Packet Page -1960- 4/12/2011 Item 16.0.2. 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, this lien shall be supcrior and paramount to the intercst in the dwelling unit of any owncr, lessee, tcnant, mortgagee, or other person, except that this licn shall be on parity with any lien for County taxes. 6. Upon the satisfactory complction of this Agrecmcnt"s rcquircments, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agrcemcnt, and the default is not curcd within 30 days after written notice is provided to the O\VNER, the COUNTY may, at its sole option, collcct the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement. or declare that thc defcrred impact fces are thcn in default and immediately duc and payable. The COl'NTY shall bc entitlcd to rccovcr all fees and costs, including attorney's fcc and costs. incurrcd by the COUNTY in enforcing this Agrecment, plus interest at thc then maximum statutory ratc for judgments calculated on a calcndar ycar basis until paid. 8. This Agreemcnt is the sole agreement betwcen the partics with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agrcement shall be recorded in thc official records of the County at no cost to the COU1'\TY. I~ WITNESS WHEREOF, the Parties have executed this Agrecment on the date and year first above written. Attest: DWIGIIT E. BROCk, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, By: , Deputy Clerk By FRED W. COYLE, CHAIRMAN Approved as to form and lecal sutticiency: ;/ . ~/- t' , .Jeff 8. W1ight Assis'taJ1t County Attorney Recl'l11mcnd /\pprovat: / :.. / _-----..:jL-~..J'--~~ -------~ ~ / Mlircy Krumbln;; MPA Director Colkr County Ilousing. Human and Veteran Serv ices 2 Packet Page -1961- 4/12/2011 Item 16.0.2. WITNESSES OF Born SIGNATURES Witnesses:!'\ ^. ?'. 11 Vtt Il/~ I' [ tv:. P. N 'J) I~ . \ rtnt ame_ eJC' !-Y r (' -Ie 1 OWNER: / fe-lItHI c!ta~w Menard Charles Witnesses: . !,; 'a" Print Name /\;: /'_) ~L:'~_ ;,:n,c".,.:.. ~'~1 "; '''1/. Lc, l =- f ~.~ /..;" OWNER: ({(it;:>l>'; ".j,! ('. [(,'r'.l1 "II'\. Fritzleine Charles Etienne- - STATE OF FLORIDA COUNTY OE COLLIER The foregoing fgreement was acknowledged before me this ~ day of 1,::-.1';'<;0 f:_( f!:.; by Ilt'''or.1 (1",,(.> 4 T;lc..I..., -who' 1s'''personally known to me or has produced as proof of identity. 2011, t,,~ll\UIUh"lli,J. \\\' L..... -I.,. ..o}....~~~\'t\ ~ . '"~ It./; ~ ;~fl'.;'j" [~j:>A~t;\t",sSAid\ .! ........ ,"":'- - J(.J.:"~ ':..:;.:.. % .;:: . ~"Y"(p' ' -- - \;~~<~:;:;Z:r..L /} ~, /".... .._....' /,V ,. ..". (.:. .~' fi''' -"Itll OF F\_C' ,.,,;,{.-:' 1,(;Itt;tt~llInl.\l"\\\' .-1-'_ , C :;J//" _' ,\4/] Signature of PersDn Taking Acknowledgment 3 Packet Page -1962- 4/12/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 8, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records ofCollicr County, Elorida STREET ADDRESS 10259 Kingdom Court, Naples. Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fce TOTAL IMPACT FEES Amount Owed $ 1[6.06 $ 190.61 $ 424.14 $ 862.50 $ 1.907.85 $ 3.343.68 $ 482.59 $ 193.83 $ 3.575.00 $ 3A95.00 $14,591.26 A. EMS Impact Fee B. Correctional Facilities Impact Fcc C. Library Impact Fec D. Community Parks Impact Fee E. Regional Parks Impact Fcc F. Educational Facilities Systcm Impact Fce G. Government Building Impact Fcc H. Law Enforccmcntlmpact Fcc I. Woter Impact Fee J. Sewer Impact Fec 4 Packet Page -1963- 4/12/2011 Item 16.0.2. Return to Priscilla Doria Collier Count)' HID'S 3339 E. Tamiami Trail ~aples, Florida 34112 File# 10-103- IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this lih day of April, 201 I, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Javier Gonzalez-Vera" (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. ., The legal description ofthe dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid, 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the cffective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Foftv-Six and 26/1 00 Dollars ($15.246.261. Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5'%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amolL.'1t. 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 I Packet Page -1964- 4/12/2011 Item 16.0.2. 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, assif,'lled, or otherwise conveycd. Except as provided by law, this lien shall be superior and paramount to the intercst in the dwelling unit of any owner, lcssce, tenant. mortgagee, or other person, cxcept that this licn shall be on parity with any licn 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 O\VNER is in default under the Ordinance or this Agreement, and the default is not curcd within 30 days aftcr written notice is provided to the OWNER, the COUNTY may, at its sole option, collcct the impact fee amount in default as set forth in the Ordinance, or bring a civil action to cnforce 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 fce and costs. incurred by the COUNTY in enforcing this Agrcement, plus interest at thc then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement betwecn the parties with respect to the subject matter hcrein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be rccorded in thc orrlcial rccords of the County at no cost to thc COV,TY. IN WITNESS WHEREOF, the Paliies have cxeculed this Agrecmcnt on the date and year first above \vrincn. Attest: DWIGllT E. BROCK. Clerk HOARD OF COUNTY COMMISSIONERS COlLIER COUNTY. FLORIDA. Hy: Bv: . Dcputy Clerk m[D W. COYLE. CIIAIRMAN A pprovcd as to I,mn and legal sufTiciency: RC;:",OIllI11cnd Approval: .I 1 / Jeff E. Wright Assistant County Attorney ( _"_____~:~==- -=_~~~_:~-..-"t: .Marcy Krumbine. MPA Direct(1r lJousil1g. Human and Vctcran Scrvices 2 Packet Page -196S- 4/12/2011 Item 16.D.2. WITNESSES 1J Witnesses:O ,~\)I' __ . "<"j,v....v.",../4 \ 'L-... Print Nam~~ 6':r~ h--a li....ff, "f1 O\VNER: ~ -i2 g ~ > ~;a...l/' ~ t- ~ C"jl"'<;" c= ~ Javier GonzaJez- Vera OWNER: Witnesses: ) , ,..-t)1J0Jji..'-, (.P?r-d,.<..- PrinrlName f..1fil'\J.tLh. 'ei,{Ld'~ ~.:::> l~'('-e( ~O C; STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was ack wledned before me this 201 I, by Javier Gonzalez Vera, who is personally known as proof of identity. ?daYOf~ to m~ or has produced [NOTAR1AL SEAL] gment .,....". f"J'.. ~~.) "1"'Pf"l flit>.: ::..~\~t\! D' FlOrida t-J1NJ \hdaUrfI My CGmmission OD949401 ExpIres 1213012013 ) ) ~ ""' o o Packet Page -1966- 4/12/2011 Item 16.D.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 134, Liberty Landing, according to thc plat thereof. as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3799 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKIlOWN Type of Impact Fee Amount Owed A. EMS Impact Fce $116.06 B. Correctional Facilities Impact Fcc $190.61 C. Library Impact Fee $424.14 D. Community Parks Impacl Fce $862.50 E. Regional Parks Impact Fcc $1.907,85 F. Educational Facilities Systcm Impact Fcc $3,343.68 G. Road Impact Fee $7.725.00 ]j. Govcrnmenl Building Impact Fcc $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES SI5,246.26 4 Packet Page -1967- 4/12/2011 Item 16.0.2. Return to Priscilla Doria Collier County HHVS 3339 E. Tamiami Trail !\"aples. Florida 34112 File# 10-104-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 12th day of April, 2011, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Francisco Galvan and Raquel Ligas" (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 dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption: or d) the first occurrence of any sale or transfcr of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the anlount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv-Six and 26/1 00 Dollars ($15.246.26). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the iOtal fee anlount. 5. TIle deferred impact fees shall be a lien on the property deseribed 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 Packet Page -1968- 4/12/2011 Item 16,D.2. 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, this lien shall be superior and paramount to the interest in the dwelling unit of any owner, lessce, tcnant, mortgagee, or other person, except that this lien shall bc on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agrcemcnt'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 curcd within 30 days atlcr written notice is provided to the O\Iv"NER, 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 cnforce this Agreement. or declarc that the deferred impact fees are then in default and immediately duc and payablc. The COU?\TY shall be entitled to recover all fces and costs, including attorney's fce and costs, incurrcd by the COUNTY in enforcing this Agreement, plus interest atlhe thcn maximum statutory rate for judgments calculated on a calcndar year basis until paid. 8. This Agreemcnt is the sole agreement bctween the panics with respect to the subject matter hercin, and shall be binding upon thc OWNER'S successors and assigns in intercst. 9. This Agrecment shall be recorded in thc onicial records of the County at no cost to the COUNTY. 1:'<01 WITNESS WHEREOF, thc l'a1iics have cxccutcd this Agreement on the date and year first above written. Attest: DWIGIIT E. BROCK Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ['LORIDA, By: By: , Deputy Clerk I"RED W. COYLE. CHAIRMi\N A pproved as to form and legal sufficiency: Recommcnd Approval: -j~--- . . i,' --;_n ", , .~-:--f-"- . --- \1PA" ~i~l;C; Krumbine:" >.A -- _/ Direi.:tor r-roll~illg. 1-lul11an and Veteran Services I ~ v-', ~_'';/ kffE-:'Wrieht '/ " Assi5tant COUllty A Horney 2 Packet Page -1969- 4/12/2011 Item 16.0.2, WITNESSES OF BOTH SIGNATURES l ' Witnesses: ~rJf. , ,A, ft \ /' V '--"J :,..-' '/ :...-::-1 i...../.'--.. Print Name (-'C-,Hlr or {-i,,-T{u .t..fL OWNER: c ^ /' J~J11 ({:,r '-', Francisco Galvan C(1; li!b h OWNER: Wjtne)1ses: /) I '. n i rl0+}U-/ fi:; /'-<:"-:0 Print Name A~) r:/i j! ,i/c,'/uf r 'j), 00, ,-:.) ~Ligas .2' (i < /C ') ~ STATE OF FLORIDA COUNTY OF COLLIER ,'\ " The foregoing Agrcement was acknowledged before m_e this~ day of --;;(/7).('4'" .; 2011, by Francisco Galvan and Raquel Ligas<~ls _e.ersonallyknown l?",0~'or has prodl( d as proof of ident'ty. -.-- " /)/j. [NOTARlALSEAL] ( /.1'c7",u Vifi}A'./c.J.i/(_ Sigrr1lture of Person Taking Acknowledgment -~ f'lJ"<,.. '" ^ ". . t f\orlO& PubliC Stale 0 Notary, m ~ .:...nt'.e \,!Id&U D09494'J . C rfirn\~SIOfl .~ My (l '2'30120'3 .. E.,,:plf~S' ,. 3 Packet Page -1970- 4/12/2011 Item 16.0,2. EXHIBIT" A" LEGAL DESCRIPTION Lot 136, Liberty Landing, according to the plat thereof, as rccorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Elorida STREET ADDRESS 3807 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMJ'ACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fce $116.06 B. Corrcctional Facilities Impact Fee $190.61 C. Library Impact Fcc $424.14 D. Community Parks Impact Fcc $862.50 E. Regional Parks Impact Fcc $1,907.85 F. Educational Facilities System Impact Fcc $3,343.68 G. Road Impact Fee $7,725.00 II. Government Building Impact Fcc $482.59 I. Law Enl()rccment Impact Fee $193.83 TOTAL IMPACT FEES $15, 246.26 4 Packet Page -1971- 4/12/2011 Item 16.D.2. Return to Priscilla Doria Collier County HHVS 3339 E. Tamiami Trail ~aples. Florida 34112 File# 10-105-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 12th day of April, 2011, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Josephine Rozier & Jean B. Lacoste" (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 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 dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwclling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale. or not later then the effective date of the transfer. As set forth in Exhibit "B," the an10unt of the deferred impact fees is Thirteen Thousand Nine Hundred Eightv-One and 67/] 00 Dollars ($13.981.671. Repayment shall include any aecrued interest. Interest shall be computed at the rate of five pereent (5%) per annum, but in no event shall it exceed fwenty-five pcrccnt (25%) of the total fee amount. 5. The defcrred 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 Packet Page -1972- 4/12/2011 Item 16.D.2. County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor th is Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law. this licn shall be superior and paramount to the interest in the dwelling unit of any owncr. lcssee. tcnant. mortgagee. or other person, except that this lien shall bc on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreemcnrs requiremcnts. COUNTY shall record 3.l1y necessary doclImentation evidencing same. 7. In thc event the OVv'NER is in dcfault undcr the Ordinance or this Agreement, and the default is not curcd within 30 days aftcr written nOlice is provided to the O\VNER, the COUNTY may. at its solc option, collcct thc impact fce amount in dcfault as set forth in the Ordinance. or bring a civil action to enforce this Agrccmcnt. or declare that the deferrcd impact fees are then in dcfault and immcdiately duc and payablc. The COUNTY shall be cntitled to recover all fees and costs. including attorncy's fee and costs. incurred by the COUNTY in enforcing this Agreement. plus interest at thc then maximum statutory rate for judgmcnts calculated on a calendar year basis ulltil paid. 8. This Agrecmcnt is thc sole agreement between the panics with rcspcct to the subject matter herein. and shall he binding upon the O\VNER'S successors and assigns in interest. 9. This Agrecment shall be recorded in thc ofllcial records of the County at no cost to the COU"]Y. IN WITNESS WHEREOF, the Panics have executed this Agreement on thc date and year first above written. A ltcst: DWIGHT E. BROCK. Clcrk GOARD OF COUNTY COMMISSIONERS COI.lIER COt;NTY. FLORID!\. Ll) : L3y: 3/08/20 II FRED W. COYLE. CHAIRMAN . Deputy Clerk Approved as to form and leQak"ufliciencv: __I-'j ...... ___'. .IeIT t. )'/right Assisfnl11 County At10rncy Recummend Approval: . I / I ~_,,c'~=~~ ::--'--' ~ ___/ !VU!rc:" !\rumbln1:. 1\1P/\ Directllr Cullin County Housing. Human and Veteran Services 2 Packet Page -1973- 4/12/2011 Item 16.0.2. WITNESSES OF BOTH SIGNATURES .~ - ! ,(, '? I OWNE, R: / / n 1:7-, '-4~,~/(~ ,Jesep~;ne' Rozier ~/? ~ /7 ~,/"\ t', L. ,_/ _ Wj?7SS~j: , /~ ) /;/ / /,,~z,,<- ;?:4( Print Name /\) I' ,'i," 'J ," , / {:'~--' " ,;. "/ wJnesses: ,'}, , )' ,I \., . {".1,."1'''''('" ,In Print Nanle k f r /"1 ,-! (. "b-- r~"",.-,) i~_" It, (G:,/~ OWNEk: n 0'.' ," .;" ,is, /j' I ('tz~~ <~I " .- /",!i:an.Ji.. Lacoste " STATE OF FLORIDA COUNTY OF COLLIER 2011, The foregoing AgreeJ.jlent was acknowlcZFed byLore mc this ~ day ofT;, Ix" ," Ii. by J i.)"' J:I,;~ ~ !'t,z",.' .Jcco,'\'vho' IS' -~pei'sollalJy known to me or has produced / as proof of identity. ",\\\,\"l,,\t"ll~i:1U(httJ'/, ~\\ t\. \..OjtA~l:b("''';',r; ~~.. .J"r ~<."..&. F,',(' ~;, ["lOT ARIAt~ir:' ;;:.>"'0\ (\:~~l:~~:,J~) 1'.(1,0;. ~ OF t'\~ .1.~.:!' "lfJtlft";;nrtGt\\1Vo'"'''' '--& Signature ofPcrson Taking Acknowlcdglnent /~,~"7 "._~-, / 7 / " ---//..- ".:s~.~ 3 Packet Page -1974- 4/12/2011 Item 16.D.2. EXHIBIT "A" LEGAL DESCRIPTIO:\' Lot 13, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records ofCollicr County, Florida STREET ADDRESS 10279 Kingdom Court, "'"pies, Elorida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofIrnpaet Fcc TOTAL IMP..\.CT FEES Amount Owed $ 116.06 $ 190.61 $ 424.14 $ 862.50 $ 1,298,26 $ 3.343.68 $ 482.59 $ 193.83 $ 3.575.00 $ 3.495.00 S13,981.67 A. l:MS Impact Fee 8. Correctional Facilities Impact ICee C. Library Impact Fee D. Community Parks Impact Fcc E. Rcgional Parks Impact Fcc F. Educational Faciiities Systcm Impact Fcc G. Government Buiiding Impact Fcc H. Law En((lrCement Impact Fcc L Water Impact Fcc .I. Sewer 1m pact Fee 4 Packet Page -1975- ,........'- ,J)JJ. JV Return to Frank Ramsey HHS 3301 E Tamiaml Trail Naples, FL 34112 File# 10-051-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 jst day of December, 2009, between Collier County, a political subdivision of the State of Florida,..{C..Q!,JNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) COllecti1~~tlli..k~~ie. s." / '~_LL '~(I."', NOW, THEREFORE, for~oQi and valuable consid~non, the receipt and sufficiency of / <>:;/ ' \ which is mutually acknowledged, tile ~r:ties agr.ee-as.follows\ \ I. This Lien Agreement is!~ale1fUl's~~.a.m~J~'l)~e Cbde of Laws and Ordinances of I If 7 \I( ( \ \ I lU j, \/1 \ 1 Collier County, Florida~ knqwn a~:~'The!C<.\I1ier-eou t.y(conso idated Impact Fee Ordinance" \ ,'"j \, \....) IJ )t, J,-S! ,-I (Ordinance). In the event Q(any con lCt WltIi.this Agre.eiAebt, the terms of the Ordinance \~\\ 'Vk i /..:..'/ shall apply. \'~~Ij \ '""" ! . / ,,",,\.1 \..4:. " \ ""-.1 ,/-".''"/ 2. The legal description ofth~'~;eil1~unit is attach.5d6~)j{ibit "A." 3. The term of this Agreement i~'~o,@~r~aecr\1;!3hl~/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 Thirteen Thousand Nine Hundred Eight One and 671100 Dollars 1$13.981.67). 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 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 Or9inari~.Pr Q_Ilr"ji;.iici'iil action to enforce this Agreement, or ~/ "\. \j ,";---~"::_,~~/,,/\ l '-'" declare that the deferred imp,illi)fee~(are then in'def:aiJl(:and immediately due and payable. / \j/ "': \ The COUNTY shall be entitledc{o--recover all fees and\ costs, including attorney's fee and / ./ ltl..~--;O.<:,'C: ---.f -I, \ \ costs, incurred by theCO~I..Y in:~oJ:\:ing ~kis A,gr,eem'ent, plus interest at the then { iI'/' 1'-;::'"1// f~ \ -'j'\',1\ \~ 1/\ \ maximum statutory ra\e_f~r ~.ud~etJ J1cWatbd>101 a) ~a)endar day basis until paid. DEVELOPER will sell th~.J.JJlit..epers(jn;;wnose legabtatus..;,vill be verified, documented and \~. -,', \~:. I,:' ,.~-::/ kcpt on file at the officeo{~ousing and Human.. Service~5Jf the developer fails to comply with the terms of the agreeni;;ri~Qr the unit ceases t~'be u~lized for affordable housing, or is "-I), '" .,,,/'1.-""'>,/ not sold to legal residents, the nil{atp.oUhl:ohleferred Unpact fees shall be immediately repaid ''''.,r; I: C' \ \,,~~>,/ to the County, including all applicable'irirerestarid penalties. 8. This Agreement is the sole agrcement 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 COLLIE COUNTY, FLORIDA By: "h-n-vo.-' ~J42/01l2009 ONNA FIALA, Chairn1an " >~ ; ".._,..-:' 2 BY: WITNESSES: ~ Print Name: l\) IcK l<rKt \ohf'Y4.S ------- /~ ,R COU~>" 7 (t/ ~<(::\ I /r---'---. '\ STATE OF FLORIDA ! I La~\./~ -\ \ \ COUNTY OF COLLIER ! ~ /r.\:--., ~f1)"\-i' ";7\ \ The forgoing instru ent ~ap~oWledg~l ~e~e,~i~ it'iS day of Oc.:\- ) 2009, by Samuel J. Durso, M.D. as pjel sldbnt\forJllab~t f6~manii'v afCbllier County, Inc., who is 11 kn hi \'>I'-'7.d"'-~ ~......:" " "d 'fi . - persona y own to me or a;4J"',, r ,ounce ','_ ,\' ,:::- "as 1 entI lcatIon~ \'''\ dA I /~ --- .....: ". ,/ ,If; , / ",,""' ' ..- [NOTARIAL SEAL \.:.-,::. \ ' .. ~,+?i.C / W h ,,,uII Il"t" \:.4- " 'S' tu fN"'.. P bl' ,,\\ "" LO'" "-- 1 '- Igna re 0 , .Plary- u IC "'"'' q-4 -', " r) '. /' ", / S:o"'h.~" ....... ..)- ~ '" \J/', " /'.\ .. ... :C;. .t\OTA.h,!. 1'\ ;.:.. ,",,1'" ~, ____ ......___ .-,'lO. \ ,/ ;:-0.... "r .''^~ '. f' ~..-,-- l' , / t ....-.S. . ,..:.:, '.,. l..}'~'-"'" -:." " , .........>" ~~. . t,.oo'''' "'-ilJ'o ,j \"'- '/' ~ :' My Comm. Expires ~ 0 ~ ''~:....::-lIJ-01mu c- . = : AugU'129,2010' :: p' N fN P bl' ~ ~ No, 00 590338.: ~ rmt ame 0 otary U IC 0::. " " S ~cJ'l~ ..,,~lJD\..\X" 9""~ ....,.,,-1>-.:.... .,iI Ot/fa"''!...~ ";,"'- OF FI.; "" "'"111'''''\\\ Approved as to form and legal sufficiency: Recommended Approval: ~ Jjri.aJ2.. Colleen Greene Assistant County Attorney -0 .Marcy Krumbine Director - Housing and Human Services 3 EXHIBIT" A" LEGAL DESCRIPTION Lot 13, 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 10279 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" -----...---- I~~i\-\I,\ ~~E I!~~]<:~~WN '",,~., ~~ -'. -~, ^ ... //"-l.-,I/,/ ......,.,,<, 'L '\, ,/ \.-.>" ,,<~ \\, I ./ '\ \ Type ofImpact Fee / "..---. \ , ; ':~'~'-C:;~r_ ---" ~\ \" / / ~. .-.-',.,--'\ \ \ A. EMS Impact Fce ! :>'(."'::'1../(--\. -,\ "'1"'f\.'Y\.. '\ 'if'\ I \1, ,( I ! \. i.'./ R. ,:; I B. Correctional Facqitie~\~E."ctI:~:l_/!L1.tl i.:..... \..-- '. '.', ; Amount Owed $116.06 $190.61 C. Library Impact Fee. '\ '\,"f'-\"''\. D. Community Parks ImpacrF'~e. , ..,,' J' ~" ",~" ~"'"\ -,"". $424.14 '-?'.< -~----- ! ! -<; ,'\ $862.50 ", E. Regional Parks Impact Fee "" .._,._--_.~_._.-- $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 r. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $13,981.67 4 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 FiIe# 10-024-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 Flo~.~O~TY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collec~'I'e~:'sUg<l '<;W(~Rart. ~e.s." /n"\)~ --'::::'\I),~ NOW, THEREFORE, for @'blt'and valuable co~Jration, the receipt and sufficiency of . . ld / /.'P-r~. ~ \ which IS mutually acknow e ged, the anles a=ee-as..follows: \ f w_"'"';. 0'. . \ \ 1. This Lien Agreement jmaci'~"i~~~1;t~<=)~4-~;ff C~de of Laws and Ordinances of Collier County, Florid~.kn. ~wh a~ \'TheiC61~i~rcouhtYiCdl]...sO!idated Impact Fee Ordinance" \i: \~) " U/ L11, ,Ls' ,- (Ordinance). In the ev~~(~: any c';iiIl'Ict with.gtis tgr;~~nt, the terms of the Ordinance shall apply. \. <) \ . "\:'f ;' / '2'.1 , !,.4 \ "-.! /,~.; / 2. The legal description ofth~;'-:Y:~ unit is attach3',d~~~liibit "A." 3, The term of this Agreement 'ii'~~~~C:~~!~thi{/~greement 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 Fifteen Thousand Two Hundred Forty Six and 26/1 00 Dollars ($15.246.26), 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 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 Or9.inanc,~I<2r(!5rtI}f~cj,vil action to enforce this Agreement, or ,/, \)'~---~-'/\""" declare that the deferred impac}';Jees are then in"de:f'Ul1~nd immediately due and payable. I~,.'/ "." \ ' The COlJNTY shall be entitled,-to-recover all fees and costs, including attorney's fee and / / Lt.'.~._=. -----\) -\ \ \ costs, incurred by the /CO!~J.x}~~~o~c~~.;,~~is,\~\een\ent, plus interest at the then maximum statutory ra;te fpr :'.iudgm~n~s 'Falc.~latet\ o(! 4 calendar day basis until paid. I \.. . \ \ I " I '~J I ,. i DEVELOPER will sell thcl &nit\:t{jp~rio~s~ose legal,statJs~iII be verified, documented and \~", '~', ! / ,~:"i kept on file at the office "ot, Housing and Humaft,Ser{ices:,:- If the developer fails to comply ,'. :'~>:\, \ " t., " " ,c,:' ''-., '/ with the terms of the agreerrient;or the unit ceascs tQ",be"i1tilized for affordable housing, or is ....-..., ,C) /....,"-.--...... ""'<< '<',// not sold to legal residents, the full amotmt-'6f-de{erred impact fees shall be immediately rcpaid ""': ij F' C I \':,,// to the County, including all applicable:'ihteresnrrid penalties. 8. This Agreement is the solc 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 \vritten. , ,': By: BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA d~~1!2009 DONNA FIALA, Chairman 2 ',. . WITNESSES: ~. Print Na~ ,'t" l< f</lu (ohc"m5 DEVELOPER: Habitat for H er County, Inc BY: ~u~ Print Name: ee.. t=Yve.Yv\ STATE OF FLORIDA COUNTY OF COLLIER/~~, The forgoing instrwnent was)lc6'g~ '6~fQ~~~his /6 day of Oc. f- , 2009, by Samuel J. Durso, M.D. asP,[Jl)aent for Habltiil-f-oP11;!lIl,lanity of Collier County, Inc., who is personally known to me or halph,dUced "'-'" \ as identification. - I / k~::-~ . , ~ \ [NOTARIAL SEAL] (' / '\ . ~",\\\\\'~l1IHlIlII~'~111111. ~((/~. '.' 'ttrft" ot~ijru lie ,-<' ~.... ' 'leI> "~ \' l) Ii] ,..( I #' ~ .U"*. 'T~ ~ ~,', ~-S',"'01A~>.~\ ',-....\ LJ /~II' j ~ /If:--;/ $1;;:,..-"- r.....,.'!> ..1 . > -? ""M __~. ~ . T _....- ,.,., g : MYCOMM.EXPIRES \ ~ \\...... ().. I P'-- s : JULY21,201D : E \ " ,,} \ . '_'..'.."',._' , " , . ~ \ Na.005188R5 j j\~ \ Pnnt Naml'l'Q.f~9{a.fy/Pubhc %.U>~'" /JuB'...0...."'''<1 \1-'~ ~"/ ,,-/l ';:, ,.. .... \..J ... 'f::::I$ "" ;" "'" -<;]0,."........ o~,I' '. O'l"'~. A" / ~:-I:' (:-- OF f\': \\'~ '-'" "." 'J'''' '---'-'''-..-"''--'. \...) /,/ ///11 \\\\'i. '-." ,1/'['''' ~'1n \ ' ./ "J"lI11nlln"\\ ""'~~ ":: t l.....;:.:.~./ -.....-.-.-.---.--'. Approved as to form and legal sufficiency: Recommended Approval: L~~ -J Director - Housing and Human Services ~ Colleen Greene Assistant County Attorney 3 EXHIBIT "A" LEGAL DESCRIPTION Lot 136, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3807 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IM;:^~~&E a.~~~WN / ~)'v ;::........-----<.::'\'J' " /(>--L.-/ '-..,,' t...'\. .' \-./ '~ \ Type ofImpact Fee / ::--~, ._ \ Amount Owed / Ii .~--~'\ ~'-\) \, '\ \ A. EMS Impact Fee ! (/-0::1('(:::;-'\"'1" D-'\"\ '\ '77\ i it (~'{ I l - )~./ ,:',_ \;/ j B. Correctional Facilitid)mp'a~tJ.'.e:e\,U /J It J l ;:.... \ .. \ _.,- '~--- ---~~, ,-~-,- $116.06 $190,61 C. Library Impact Fee ,,,,' ./ $424.14 D. Community Parks Impact Fhe"i. o,_"j/_ . $862.50 E. Regional Parks Impact Fee $1,907.85 $3,343.68 F. Educational Facilities System Impact Fee G. Road Impact Fee $7,725.00 H. Government Building Impact Fce $482.59 L Law Enforcement Impact Fee $193.83 TOT AL IMPACT FEES $15,246.26 4 ,............ ~JJ. ""V Return to Frank Ramsey HHS 3301 E Tamlami Trail ~'aples. FL 34112 File# 10-046-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florid~.lCQ1JNTY) and "Habitat for Humanity of Collier ~. ~ County, Inc." (DEVELOPER) collectiV'fiv$t~iJak'~tP;!;rti~s." / ;-./'/~ ....., :q;. /, ~ NOW, THEREFORE, fl/~g/~d valuable co~lil~ion, the receipt and sufficiency of which is mutually acknowledgr' t91I"m:J;~sagr-ee--as.f~ows:\\ \, I. This Lien Agreement iSr!nad.19"~antt.aEq#!\. V:~"f..<tb~ Cdde of Laws and Ordinances of i Ir I \I( \ lll~,1., . \// 1 \ Collier County, Florida) kn. 6iwrl a~ll)n. e Collie, - ountY'CohsO,ltdated Impact Fee Ordinance" \ ['. '~;/ "-. \,,!,/' )" J~ I t- (Ordinance). In the evel\r~f any cotUTict wltlh.{his Agree~erit, the terms of the Ordinance \ "",,""\\ ":'11 i / Oil \','"~,\ .d:~ i j/ "",-,/ shall apply. \ """ '\ ',,,, i,"'"'\; \I~ ."" " ',< ' /,~"-"/ 2. The legal description ofthed~.7i1m~nit is attac~~d~1;~lbit "A." . 'f- )-____--..~.. .,/ 3, The term of this Agreement is 'fr<ll!!.li~~a\1..c~\Qi,::!Jjjl' Agreement 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 law, regardless of any foreclosure on the first I 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 oflien. 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 OrJ,inanC6 tar Qr~ii{~ciYjl action to enforce this Agreement, or declare that the deferred impa4icldi'~~;i?i~J"a\ikand immediately due and payable. / lj/' ',_~ \ The COUNTY shall be entitIed4o--r~cover all fees ani! costs, including attorney's fee and 'I', '----- -J'- \ \ costs, incurred by the tOYN..... :U:Y-~~.~nfO.~.in-.g _th.jL,Al>. ie.e~ent, plus interest at the then . ! i/ r',l/ n"\ l"-.,i'I \\ <; ;/1 \ '" maximum statutory ra,e~f0~ ~.ud~.'ytj ;91cred,:l oy ai,~_a!endar day basis unttl paid. DEVELOPER will sell tl1~upit-topersons',v!iose)egakst!l:tus-will be verified, documented and \ " \.;: , ~ / ,"'- I kept on file at the office\OfJIousing and Humarli~ervices,:;:'I{ the developer fails to comply ('~,,<".:'" .,' ".-/ \....',/ with the terms of the agreeni,en~'of the unit ceases t<j,:be u!ilized for affordable housing, or is "." I, ) ""'_"" ," .../'" _,<i, '\ ,'/ not sold to legal residents, the fui[~nx(iull.t:ofde.fe~ed impact fees shall be immediately repaid '-"--<~.<-j J: C_' \, t',-,_://" to the County, including all applicable TiitereSr:iiid 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 "Tilten. Attest: DWIGHT E/BR0C,K, Clerk. , , " e" BOARD OF COUNTY COMMISSIONERS COLLI~COUNTY' FLORIDA By: hrn^---' ~~2101l2009 DONNA FIALA, Chairman By: .... ~...' AttOSt~ to o..i: l-? S19Allture'JDfI /I': ,..,' , , . -. ~u::\~J"';;> 2 DEVELOPER~ ~ BY: oilier County, Inc. 80, M.D. WITNESSES: ~ Print Name: (\) leK \<(')u In\\l"Y<1.5 .------::---.. /-ERCOr~, >~ir'.. " )'J'\ C'--;/ " -, L' )~ '- '\ \\ STATE OF FLORIDA ! u;~\~-~ \ COUNTY OF COLLIER / "-"(1~;.., ~,,\"1 77\ \ The forgoing instru entltaQ'ki10rledg~ ii:dfo)"eI.il1Mhis it'D day of Oe.:\- ) 2009, by Samuel J. Durso, M.D. as Ptesident\forit.!abitdt fbnH1iiTIan~ ~!C~llier County, Inc., who is \(-Y\,~y~~ - "I. . . _ personally known to me or Has.;p~dtlCed . -- . \~ ., I C::~~s IdentificatIOn. \'.- ~ I ~ ~ ',," , 'j0 I / [NOTARlAL SEAL] \1' t2. .~ .;'.q /.~.' :?- "",~U~;;'R'"'''''' \1- "" SIgnature ofN'ot!>rY'l'ublic ~'''''~r.....;tJ.. "~ '" o/'~ '//"\ \./ .$'o~,'~~OTA.q~!.r~ ~ '-..."':[;' .I..:--__'."-:.-'~".'\.'~' >"" "" . ,. r .-r.,..." "'iI !jJJJ"-:/ L --- ~<:. '. "::..-:. ''-",' X-l-~ ,'-.- \...~ ../" (} -- .--- '-~"'-""",- :: : My Comm. Expires: 0;; ---.-'- 1/TU-t _ _! :: : AugusI29,2010. :: . . S ~ 110, DO 590338 : :: Pnnt Name of Notary PublIc ;. " .: ~ ~~?-li....;'ua\.\.c... ,Q'f"..$' "'.,-1 .... ~"'....'" '~"'" OF FLO \\\\\ /1/1111111"'\\ Approved as to form and legal sufficiency: Recommended Approval: ~k~~~ Director - Housing and Human Services r~~ Colleen Greene ' Assistant County Attorney 3 EXHIBIT "A" LEGAL DESCRIPTION Lot 8, 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 10259 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" ---",---...... IM~AC{\~ ~~<(WN /",\'/" -----<...,,""', /' ~ i",l,,/ '" )_\ // \..,>/~- """" '\, Type of Impact Fee / ,,/ ;;---..~.,,_____;_ \ '\ / ,i/ ":':::'-~.L/f-",,\ . \ \, \ A. EMS Impact Fce "I "I /"---"1.~:1,,' /,n."""'" """",,1-' "\'\"" ~?\\" ", I 'I ,,( f \ \ J \:) .I \, \/1 I . . l. Ii I ,~, \ 1 j ir---' .~( " i B. CorrectIOnal Faclhtres\It!!E~s:t Fe~~/~,J", JJ, ,,' ~;"I \.-- \ . ~ ", ',....;~; Amount Owed $116.06 $190.61 .......' , C. Library Impact Feei,,-' ", D. Community Parks Impa'ct'E'ee... -, I -"\ $424.14 '"'". ',- $862.50 E. Regional Parks Impact Fee '~-',---,---_.-- .~ ~.. r r-". -" ,\ --; \ f' " .'" t ~ \"" ,... . '. r... _ t)'- $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Governmcnt Building Impact Fee $482.59 H. Law Enforcemcnt Impact Fee $193.83 I. Water Impact Fee $3,575.00 $3,495.00 J. Sewcr Impact Fee TOTAL IMP ACT FEES $14,591.26 4 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 1O-023-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 1st day of December, 2009, between Collier County, a political subdivision of the State of Florid:U...CO~TY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) cOllesu~~b'.\!t~)rti~S." NOW, THEREFORE, for'@9ri~nd valuable ~~~Jr~lion, the receipt and sufficiency of whi,h i, m."illy ~knOWl"'7.ii. t ~~~w;\ \ 1. This Lien Agreement iSjmar~~uanl::f.6'-.~1:, . .f:;ilie Cbde of Laws and Ordinances of . . i II I \J{ n UJ.- V _ ) \II \ I, , CollIer County, Flond1l?kn. .' RW11 a~,\"Th. ejColllT"Countv(Consohdated Impact Fee Ordmance" Ii' \~ IJ/ - J;, J,".1 i t-j (Ordinance). In the eveRt of any C;m'fllCt Wlth,thisAgre;ement, the terms of the Ordinance I' ~ ,\" . 'j \ -:""\ V~'c_! /........", shall apply. \;';.1 --1>'f ! / ..,::'1/ 2. The legal description Ofth~:~~~j:~ unit is attache~}~~~i{(~it "A." 3. The term of this Agreement~?'~~~~ce--~'~f~'~greement 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 Fifteen Thousand Two Hundred Fortv Six and 26/1 00 Dollars ($15.246.26). 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 I , 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 oflien. 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 On;lina,c~"Qr\1l~iljf~'Cj,\'il action to enforce this Agreement, or declare that the deferred imp~\~~-~jn:::'a~f.ib1t',and immediately due and payable. / ( ... ,/ '".,,-' \, I _.' / ,,\. The COUNTY shall be entitied-to-recover all fces and costs, including attorney's fee and , I \!~, _ '--.J"\ \ \ ,i .' "...,,-'-~ \, \ costs, incurred by the (CO,UNlY in\,enfoEcing,this A~eement, plus interest at the then I (,,/ r<l /~\ !'''.i' ,\ <: 7/-\ \ maximum statutory r~te for judgmenjs ;cfl<flate~ or t, c~lendar day basis until paid. . !....~, 1\ . \ ," \ \ / / ".f; \.. i i ,~, ! . DEVELOPER will sell \h~~hlU6 per=swhG~~Iega\stat~~w!ll be venfied, documented and kept on file at the office6t Housing and Humin'rService~::-lf the developer fails to comply "'"",,; ,,\.... .... "'1"... . ,.... "'-/,."<"" '/ with the terms of the agree~~)~:the unit ceases)J,~~\~tilized for affordable housing, or is not sold to legal residents, the f\ill amount'eftl~erred 'impact fees shall be immediately repaid "",."J,,/) F~ (' \ \~\_~~// to the County, including all applicablc-inten:stahdpenalties. 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 cxecuted this Agreement on the date and year first above ,,,,ritten. Attest: DWIG.HT E:BROCK;Glerk ,..~;,. :"". - ~;~: )?:0~~,~.~ ~'.'. ~ "'.. ", ._.'..... . r,. By:, ,"" ',.;. _ .,' .- ..... *wi.u_ci.e' ,=' .- .t....... '._' ~ 'og;:Y ':/,-,> ..........-.;:",. , ....'''i.. St;.;.3......-'" BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY, FLORIDA ~ J~1J2009 DO A FIALA, Chairman By: 2 WITNESSES: DEVELOPER: Habitat for Hu "'?7 ....v..d- PrinfName: ro, '(" ~K(>j(, IClh("'"r?;;'.3 Pri&~:me:(I4~:l:t€-M I' County, Inc STATE OF FLORIDA COUNTY OF COLLIER ../:-;:-r.;--'--. The forgoing instrument wa~a~g~~gtO~~~his \ f:" day of 0 c. -t- , 2009, by Samuel J. Durso, M.D, as'P<f!!lJia-ent for Habitat'fQ~anity of Collier County, Inc., who is personally known to me or halp~duced . "< \ as identification. - I / ~=<_,.- .. \ \ [NOTA~\l\tJ!l'~~.J I / . \. .., .', ~""~\'\~ ~.... If&"",- (~(('\l(' ('-' at.. . &,It.{,Public ,,~.... ". '1",.. , Ii" '7'("! i f~...~OTA.~",:~\ '. i Ii'. I ~: .J..... -:;P ~ _, \. / \ i '/ '. . jr:......, g i MYCOMM,f)(P/RES \ Y ~ \',..: \\.Y '~I~'!J. ' '1ft. J i-y. I E : JUlY21.20l0 : E ,', \ 7V ~, (f..ilt'V~ =. .. No. 00578885 : $ \ ~\\ .,.-.,"_ .: ' i~",/.l,. r"" I \~I~' \ PrintNam~'QfN9t3iYPublic ~ ~ .. UBL\v, boo':: '." '" , I ..' 'j .. '~." ,,' ^' ~ \. 4,t!.~..~" -"./ \ .' ~A ...-..... ~v , \4 '-" /' ,,' ......./' .... 0 O~,' 'r, /", ~/Ji" F' F\.. ",\~ " t_) .,,;---,_ ___/"'''\ ",/ 11"'IIIUlUlll\"~ "-. 1- ~l- ----______. - ,,,., \ \ - /' ',' ',- -.. . \, ,." /' "" , I-lIe ,q \Z . > -'''''<-~~~~~~~,,-:-/' Approved as to form and legal sufficiency: Recommended Approval: ~Krud~ --,,- ~~ Colleen Greene - Assistant County Attorney Director - Housing and Human Services 3 EXHIBIT "A" LEGAL DESCRIPTION Lot 134, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3799 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IM~,A<z~{I3i~ ~tKD~WN <,"->:.-..----------'--.::.'\1 C), '" /1"\"")/' ""'~ t..-.."' /' '- . / "",,~ \, /-'/ ',\ Type of Impact Fee / ,--, .~ \. Amount Owed ,/ /' l.e...-.=_><r.. ~.~,.i \ \ \ /;' . L..........\\ \ \ A, EMS Impact Fee !! /~(\1 ,~ ~1'''..!1. '\.\ \ 7\ \ ! ,( ,,~[ I I, ii f l~. 'i I 1 I ! i~, \ ,; t \ ,i ri;:-.../ '\ '{ I, ! B. Correctional Facilities. Imp'ad.F<;e\ \j./ J l j '_ ;:~! \. \ ~ ~ ----,c' ""C:-~ I , \ ' $116.06 $ I 90.61 C. Library Impact Fee , \ $424.14 .'" ", . ........- "" D. Community Parks Impact Fee'-.>'.., /..': <", ~F"'" '.'. " $862.50 E. Regional Parks Impact Fee $ I ,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4