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Agenda 02/10/2009 Item #16A 1 Agenda Item No. 16D2 February 10, 2009 Page 1 of 35 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign, eight (8) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units located in Collier County. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached eight (8) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified atJordable housing. Pursuant to this program, applications for defennent were submitted by Developer(s) which applications, after staff review, were determined to qualify for the program. Habitat for Humanity of Collier County, Inc. will sell the units to persons whose legal status will be verified, documented and kept on file at thc office of Housing and Human Services. If thc dcveloper fails to comply with the terms of the agreements, or the units cease to be utilized for affordable housing, or is not sold to legal residents, the full amount of de felTed impact fees shall be immediately repaid to the County, including all applicable interest and penalties, The ordinance requires that a lien agreement be entered into with the Developer as a condition of deferral of the impact fees. Section 74-401(3) of the Code authOlizes the County Manager to sign deferral agreements with Developers qualifying for impact fee deferrals for affordable housing, which has long been the practice. The ordinance, however, gives the County Mmlager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval of this agenda item will defer 100% of Collier County impact fees for the following owner-occupied affordable housing units: Developer Legal Description Deferral Amount Habitat for Humanity Liberty Landing Lot 56 $14,987.08 Habitat for Humanity Liberty Landing Lot 57 $14,987.08 Habitat for Hunlanity Liberty Landing Lot 58 $14,987.08 Habitat for Humanitv Liberty Lmlding Lot 59 $14,987.08 Habitat for Humanity Liberty Lmlding Lot 60 $14,987.08 Habitat for Humanity Liberty Landing Lot 61 $14,987.08 Habitat for Humanity Liberty Landing Lot 62 $14,987.08 Habitat for Humanity Liberty Landing Lot 63 $14,987.08 -- FISCAL IMPACT: These agreements in total defer $119,896.64 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 guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. Aoenda Item No. 16D2 ~ February 10, 2009 Page 2 of 35 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required, This item requires majority vote only. This item is legally sufficient for Board approval. - CMG STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached eight (8) Developer Lien Agreements for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units located in Collier County, PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services ,--" Agenda Item No. 1602 February 10, 2009 Page 3 of 35 Return to Frank Ramsey HHS 3301 E Tamiami Trail Napl~s.FLJ411Z File# 09-081- IF This space ror recordiog 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 10lh day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 ofthe dwelling unit is attached as Exhibit "A," 3. The term of this Agreement is from issuance of this 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 fun 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 Nine Hundred Eightv Seven and 08/100 Donars ($14.987.08). 5. The deferred impact fees shan 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 shan be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first Agenda Item No. 16D2 February 10, 2009 Page 4 of 35 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services, If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Agenda Item No. 16D2 February 10, 2009 Page 5 of 35 BY: WITNESSES: I!~~/.- ) ,.1 / / t~tU, :Ju. IJ' ! STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / 1 day of January, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. A J ' / ~ /J . y.""<C~ .'a< "0 S(gnature ofNotary1>ublic JJ.GIIV\U l"u o~J(i' Print Name of Notary Public [NOT ARI~ L] 6V!.,.....,., p9:~oV1.".".~ 0.- ,'.0 ~ ! II! COl"'" i~ ~ . ~".,. J ~ ~. ~D.DO~ ~'. ""~.. ~ &......... PI.)1!\". ..... r: ...,.. f" -",,"" /),: ')F ~\,; It,/;;. ~', ,; ~. " 't" Approved as to form and legal sufficiency: Recommended Approval: Cafj{)/~t!rtJaV\ 0 Colleen Green - - Assistant County Attorney ,k,J Agenda Item No. 16D2 February 10, 2009 Page 6 of 35 EXHIBIT "A" LEGAL DESCRIPTION Lot 56, Uberty 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 3748 Justice Circle, Immokalee, FL 34142 EXHIBIT "8" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D, Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G, Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $ 186.20 TOTAL IMPACT FEES $14,987.08 Agenda Item No. 1602 February 10, 2009 Page 7 of 35 Return to Frank Ramsey IIHS 3301 E Tamiami Trail Naples. FL 34111 File# 09-080-IF This space for I'tt'ording 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 10th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this 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 "8," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eighty Seven and 08/100 Dollars ($14.987.08). 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 ITom. Except as provided by law, regardless of any foreclosure on the first Agenda Item No. 16D2 February 10, 2009 Page 8 of 35 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact tees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and 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 havc executed this Agrccment on thc date and year first above written, Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Agenda Item No. 16D2 February to, 2009 Page 9 of 35 BY: ollier County, Inc. #ftfd;: Iiv'l~ STATE OF FLORlDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / '1 day of January, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. /1 ~;4~~ ~A4C Signature of Notary Public [NOTARIAL SEAL] .,,,,,,, "",. ,-0"""1:: 19;-~'O'(~~"~ 30l "'0 ::~:IAYCOftlIII.~} i : ~II ,,-=- OS ~ ..llO ~ '\ -.. A" ~~ ...~.' "".."" Of' f\! 'I",,,,..... '-~ ~(Ji ,\,;" \;:Cl - ---t.",(.<.) Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: CMi~ Yz()~ Colleen Greene 7 Assistant County Attorney l.~m~~ --: Director - Housing and Human Services Aoenda Item No. 16D2 - February 10, 2009 Page 10 of 35 EXHrnIT "A" LEGAL DESCRIPTION Lot 57, 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 3752 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A, EMS Impact Fee $112,46 B. Correctional Facilities Impact Fee $66,97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862,50 E. Regional Parks Impact Fee $1,907,85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 Agenda Item No. 16D2 February 10, 2009 Page 11 of 35 Return to Frank RaIl1!lfY IlliS 3301 E Tamiami Tnllil Naples. FL 34112 File# 09-079-IF Thl$ spart for I'tcordin2 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 1000/0 OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 10th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc," (DEVELOPER) 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 issuance of this 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 Nine Hundred Eightv Seven and 08/100 Dollars ($14,987.08). 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 Agenda Item No. 16D2 February 10, 2009 Page 12 of 35 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. Tn 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable, The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the tenns of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and 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 '5 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 E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chainnan Agenda Item No. 16D2 February 10, 2009 Page 13 of 35 DEVELOPER: Habitat for H I' County, Inc. BY: ~~ ~ame: ~~~~~_ STATE OF FLORlDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this If day of January, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identificati9n. /j' ~'.,,~ r )~. ?~- Signature of Notary Public [NOTARIAL SEAL 1 """uliI,,,, .~.~... LO~ 'O'<'....;.oy~".,,:!'~ I~"" \~ ! : "'r Cotnm. _. \ 0 = : Aufu.t II. IOtO : 'i .. H.. DO 'fOIII I ~ . .. '='cl)... ~~~. ..,.-r,;..,,::...... . ~~';' lIE 01' f\; ~''''''n' I\J),.H~' ~ I" - -Tre;/.- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: c@f)~ kf7Y(h..Q.. Colleen Greene / Assistant County Attorney ~' . ~J M cy Krumb' Director - Housing and Human Services Agenda Item No. 16D2 February 10, 2009 Page 14 of 35 EXIllBIT "An LEGAL DESCRIPTION Lot 58, 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 3756 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" UMPACTFEEBREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Li brary Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F, Educational Facilities System Impact Fee $3,139,61 G. Road Impact Fee $7,858.52 H, Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 Agenda Item No. 16D2 February 10, 2009 Page 15 of35 RrturD to Fraok Ranuey HHS 3301 E T.mi.mi Tn" Naples. FL 34112 File# 09-078- IF Tbis SpllCt 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 loth day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and ''Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: J. 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 issuance of this 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 Nine Hundred Eighty Seven and 081100 Dollars ($14.987.08). 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 ..,:"'~. 't,-~; Agenda Item No. 16D2 February 10, 2009 Page 16 of 35 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the llnit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services, If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and 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 thc COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMlSSIONERS COLLIER COUNTY, FLORIDA By: By: , Depllty Clerk DONNA FIALA, Chairman Agenda Item No. 1602 February 10, 2009 Page 17 of 35 DEVELOPER: Habitat for Hum BY: Samuel J. President ";{: ;2 L-' pr;tNal~~;'" II!::::,,, ?-():,' ~1~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this i 7 day of January, 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ~ i:0WP ~~ Signature of Notary Public [NOTARl~,~l"". ,,\ to> \.OR... "..... ,t~~tto'(I."",:?~:,,~t. ~o. "" ".. ~~.. ", \ f : My Comm. EIpINl ~ 0 : : Mvlllt Ji. 2010: = .\ ~. No. DD 51033t: I . . I ..(ft... PU8\.~....^T'IIt; ....~... ,1"'1!!J..~':- ~1....,.Jrt...:. .... O"'("'!ft,' 'I,;,! 01' l'\; \\,\~ f',.,,,,,_,,, .4- jl):,./NU 101"' - 7,,;-.) Print Name of Notary Public Approved as to form and legal su1liciency: Recommended Approval: ('Q~~ Colleen Green '( Assistant County Attorney , ..A-. ----< Agenda Item No. 16D2 February 10, 2009 Page 18 of 35 EXHIBIT "A" LEGAL DESCRIPTION Lot 59, 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 3760 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 $1,907.85 $3,139.61 E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee $7.858.52 H. Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $1 86,20 TOTAL IMP ACT FEES $14,987.08 Agenda Item No. 16D2 February 10, 2009 Page 19 of 35 Rfoturn to Frank Ramsey HHS 3301 E Tarnlami Trail Naples. Fl. 34112 File# 09-077-IF Thillspact 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 10th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 ofthe dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificatc 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 Nine Hundred Eighty Seven and 08/100 Dollars ($14.987.08l. 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 Agenda Item No. 16D2 February 10. 2009 Page 20 of 35 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents. the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Agenda Item No. 16D2 February 10, 2009 Page 21 of 35 BY: ounty, Inc. WITNESSES: Print J\ame: :i:- . ~L' 1;, STATE OF FLORlDA COUNTY OF COLLiER The forgoing instrument was acknowledged before me this I f day of January, 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Jne., who is personally known to me or has produced as identification. /'/ /~__~ -24- ~-- Sigoature of Notary Public [NOT AIY#'\9l!n~ ,,~... LOR", ...,_ .I~..~OTAAlr:C"f(\' ~~.. .........\ = : My Comm. Expt,.. ~ 0 = . Augu.IIQ 2010. . i ~. No. 00 5N338 .: ,- .,. . . ~ .n..' .- .:, ,-",,- ...'OUB\.~.. ~"~ "'~"'.>o... ...... ~~ ~~ ",,;/.t: OF f~O\\..'" 'I"lmn'lI"'" fJl / ~ {){:Y!C{ ).,U/I,.( - / ~;; ..- Print Name of Notary Public o ~ Recommended Approval: 1~+.L Director - Housing and Human Services / Approved as to form and legal sufficiency: (I~~ Colleen Greene Assistant County Attorney ----c Agenda Item No. 16D2 February 10, 2009 Page 22 of 35 EXHIBIT "A" LEGAL DESCRIPTION Lot 60, 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 3764 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B, Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D, Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 $3,139.61 F, Educational Facilities System Impact Fee G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 Aqenda Item No. 1602 - February 10, 2009 Page 23 of 35 Return to Fnak RaDlSE'Y HHS 3301 E Tamiami Trail Naplts:.. FL 34112 File# 09-076-IF This llpll:U for rec:onlin~ LIEN AGREEMENT WITII DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 10th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: L 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). Tn 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 issuance of this 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 Nine Hundred Eighty Seven and 08/100 Dollars ($14.987.08). 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 Agenda Item No. 16D2 February 10, 2009 Page 24 of 35 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then ma.ximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chairman , Deputy Clerk Agenda Item No. 16D2 February 10, 2009 Page 25 of 35 DEVELOPER: Habitat for Hum . BY: Samuel J. President WITNESSES' 21l! fjf~dJer/U.'_- // fr4 2 ?t P nt Name: IJ,')tlVltl tp I~ - ,/.-1.-N STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / '1 day of January, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced . ~_ .' /" f id:ntifieation. [NOTAR~'!J5~ d~/~ ~ ~..,~... \. nli....)'~ S(gnature ofNotllry Public - {'??~~g;~~~' /lJ"I/}1?< hi. -~~~, =\ .. No. 00 5'*' .: '. . ~ Print Name of Notary Public ~.~~~~:-.~~~~~~ "",; ~ OF f\.: ,.\\ """"..",,,, Approved as to fonn and legal sufficiency: Recommended Approval: ~o Colleen Gre e Assistant County Attorney ~ f ......t Agenda Item No. 16D2 February 10, 2009 Page 26 of 35 EXIllBIT "A" LEGAL DESCRIPTION Lot 61, Liberty Landing, according to the plat thereof. as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier COWlty, Florida STREET ADDRESS 3768 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7.858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $] 86.20 TOTAL IMPACT FEES $14,987.08 Agenda Item No. 16D2 February 10. 2009 Page 27 of 35 ReturD to Frank. Ramsey IUlS 3301 E Tamiami Trail :\Iaples. FL 34112 FiJe# 09-075-IF This SpIlC(, 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 10th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this Agreement until six (6) months after issuance of the certiticate of occupancy forthe 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 Nine Hundred Eightv Seven and 08/100 Dollars ($14,987.08l. 5. The deterred 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 tirst Agenda Item No. 16D2 February 10, 2009 Page 28 of 35 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owoer, 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County. including all applicable interest and 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; DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman Agenda Item No. 16D2 February! 0, 2009 Page 29 of 35 BY: Samuel J. President WITNESSES: P~.~ tI~;~ /j ~#W o;1~ .~-- P,(ntName: o/.../(ji,ry;, . /, ,~._~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /9 day of January, 2009, by Samuel 1. Durso, M,D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me Dr has produced as identification. - v;/ ~~~ .~~ -:4 Srgnature of Notary plihlic [NOTA~'t~... "..- _..to- .. L,.... ~ '+. ~ ~~l/.o'f"'ti"'~;~ ,:;0. . """ -""""" . 0 -... II --m ...~. .: . 'IoNn'.......'"". ;; : Aug...'I,to10 : \ ~. No. 00 S8Om': J \....si......PUB\..\~.~T.~ -'" "",..,. ..... 0'" ~ "I,;., OF fl.: ",of' II""""""" A)()to?7i1 .JiM ~ 7:"'/6 Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: C(J~~ Col1een Greene L Assistant County Attorney ,i~~), Director - Housing and Human Services '-"t Agenda Item No. 16D2 February 10, 2009 Page 30 of 35 EXHIBIT "A" LEGAL DESCRIPTION Lot 62. 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 3772 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflrnpact Fee Amount Owed A. EMS Impact Fee $ I 12.46 B. Correctional Facilities Impact Fee $66,97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450. I 8 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 Aqenda Item No. 1602 - February 10, 2009 Page 31 of 35 Rtturn to Fnak Ramsey HHS 3301 E TlImiaml TrBil Naplts. FL341l2 File# 09-074- IF This space for rt'tording 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 10Th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this Agreement until six (6) months after issuance ofthe 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 Nine Hundred Eighty Seven and 081100 Dollars ($14.987,08). 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 Aoenda Item No. 16D2 - February 10, 2009 Page 32 of 35 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 satisrnctory 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services, If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all appiicable interest and 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: DONNA FIALA, Chainnan , Deputy Clerk Agenda Item No. 16D2 February 10,2009 Page 33 of 35 BY: llier County, Inc. Samuel J. President WITNESSES: PriYi~:f~k1MW- ~ /~- STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / r day of January, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. /dl ~ 4 /P /---1:'P:" Y . / ~- S(gnature of Notary Public t!.\"....'!'",. [NOT~.~W~ i9:~.~OW.,.~:. '9"" $0.- '..""' f ~: M Comm. ExPIrtI ~ 0 :: : :t;gu,\ n. 2010 : I 1. .. NO.DOS'" : \ . . . . :r ~tft..'.. P,UI\..\~..~ ..;~,..,:,......, O~.., "~/,; ~ OF f\.: ", II",..."",,,' "~,'2-7.c;( ()fc-- pri t Name of Notary Public u Approved as to fonn and legal sufficiency: Recommended Approval: r~~ Colleen Greene ~ Assistant County Attomey ,j~/J- ~ Director - Housing and Human Services Agenda Item No. 16D2 February 10, 2009 Page 34 of 35 EXHIBIT "A" LEGAL DESCRIPTION Lot 63, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records ofColJier County, Florida STREET ADDRESS 3776 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" llWPACTFEEBREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Govemment Building Impact Fee $450.18 T. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 Page I of I Agenda Item No. 16D2 February 10, 2009 Page 35 of 35 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D2 Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign. eight (8) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units located in Collier County, Meeting Date: 2/10/200990000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 1/22/200910:37:35 AM Approved B)' Marcy Krumbine Director Date Public Services Housing & Human Services 1/23/20099:12 AM Approved B;y Colleen Greene Assistant County Attomer Date County Attorney County Attorney Office 1/26/20098:29 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/27/2009 1: 56 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County A ttorney Office 1/27/20094:45 PM Approved B)-" OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 1/28/200910:40 AM Approved By Sherry Pryor Management &. Budget Analyst Dale County Manager's Office Office of Management & Budget 1/29/2009 9:20 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/29/20097:06 PM Commissioners file://C:\AgendaTest\Export\ 123-February%20 I 0, %202009\ I 6.%20CONSENT%20AGEND... 2/4/2009