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Agenda 02/10/2009 Item #16D 1 Agenda Item No. 16D1 February 10, 2009 Page 1 of 23 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, five (5) lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached five (5) 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 affordable housing. Pursuant to this program, applications for defernlent were submitted by progranl participants, which applications, after staff review, were determined to qualify for the program. Legal status has been verified and documents are on file at the onice of Housing and Human Services. -- The ordinance requires that a lien agreement 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 agreements 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. 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: Applicant(s) Le!!al Description Deferral Amount Felix Chavis and Irma Isabel Liberty Landing Lot 126 $14,987.08 Ibarra Micheline Brignol and Liberty Landing Lot 123 $14,987.08 Dachna Civil Michelle Denise Canales Liberty Landing Lot 125 $14,n7.08 Jose Guadalupe Gomez Vega Liberty Landing Lot 124 $14,987.08 and Margarita Ortiz De Gomez Romener Baptiste Liberty Landing Lot 121 $14,987.08 FISCAL IMPACT: The five (5) agreements defer $74,935.40 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. 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 Agenda Item No. 1601 February 10, 2009 Page 2 of 23 required. This item reqUlres 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 five (5) Lien Agreement 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. 1601 February 10, 2009 Page 3 of 23 Return to Frank Ramsey Collier (~nunty HHS 3301 E. Tamiami Trail Naplca. Floridll 34112 File# 09-070-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 lOth day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Felix Chavis and Irma Isabel Ibarra" (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 he 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 effective date of the transfer. 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). 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 amount. 5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall Agenda Item No. 1601 February 10, 2009 Page 4 of 23 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the O'WNER is in default under the Ordinance or this Agreement. and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option. collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are 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 CO UNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid, 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the ofticial 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. 16D1 February 10, 2009 Page 5 of 23 WITNESSES AS TO BOTH SIGNATURES OWNER: Witnesses: ~::J\\~ OJ..J~ Print Name fY\ll.....~ ~~oIQrC'-el~ ~t~ Felix Chavis OWNER: i!ie~ 0 d ) r'-"'?~ Print ame ~ ~t.d....... STATE OF FLORIDA) COUNTY OF COLLIER) ~m~=t~'Wl,dg'" refure =tlri, 1'1-.., ,f ~ 2008, by it- 1': '/-<LJ I~ ~ is personally known to me or has produced as roof of identity. ~ o. ~l/)oJ..,ej. .JJu~ Irma lsabellbarra owledgment Approved as to form and legal sufficiency: c~~ Assistant County Attorney Recommend Approval: (' L.,..j. arcy Krumbi e, MP A Director Collier County Housing and Human Services , ' Agenda item No. 1601 February 10, 2009 Page 6 of 23 EXHIBIT" A" LEGAL DESCRIPTION Lot 126, 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 3767 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 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 L Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 Agenda Item No. 16D1 February 10, 2009 Page 7 of 23 Return to Frank Ramsey Collier County lIllS 3301 E. Tamillmi Trnil N~plts, Florida 34112 File# 09-073-IF Tbis space for n:conlin~ LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING I)WELLING UNITS This Agreement is entered into this 10th day of February, 2009, bctween Collier County, a political subdivision of the State of Florida (COUNTY) and "Micheline Brignol and Dachna Civil" (OWNER), collectively stated as the "Parties," NOW. THEREFORE, for good and valuable consideration, thc 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 Ordinancc" (Ordinance). In the event of any conflict with this Agreemcnt. 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 abovc until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) thc sale of the dwelling unit; b) the refinancing of the dwclling unit; c) a loss of the homestcad 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 ofthe transfer. 1\s 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). Repayment shall include any accrued interest. Interest shall be computed at the ratc of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) ofthe total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. TIlis Agreement shall operate as a lien against the dwelling unit. The lien shall Agenda Item No. 16D1 February 10, 2009 Page 8 of 23 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the lirst 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, mortgagec. or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinancc. or bring a civil action to enforce this Agreement, or declare that thc deferred impact fees arc then in default and immediately due and payable. The COUNTY shall be entitled to recovcr all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and ycar IITs! above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk DONNA FIALA. CHAIRMAN Agenda Item No. 16D1 February 10, 2009 Page 9 of 23 WITNESSES AS TO BOTH SIGNATURES Witnesses: ~ '-r{\~ J' Print Name'-1Y\ur\.h... AtJo.(.".,{o OWNER: J7u.jL~ fJv?~ Micheline Brignol w~sses: ~ I ~ (\A~( ~~ Print Name v D. \ fro... OWNER: C' . DQC\~ ~\I\\ Dachna Civil - - - \ STATE OF FLORIDA) COUNTY OF COLLIER) Tho ~~_ ~ oclrnowlol,oI b,fure ro, ilil, mi ,",y oi)2.C~ ~ ~ , 2008, b~ I~ . .~ ' who is persona}ly known to me or has produced J . as proof of Idenl1ty. /' I!"'~ VIRGINIA CANTU ~~ MY COMMISSION jj. 00594425 ~ EXPOlllS,~12.20IO J..:':J.NOTAAY F1,~~"-c.Co. Approved as to form and legal sufficiency: ~~~ Colleen Green Assistant County Attorney Recommend Approval: I I ,J-. - "1VlarcY~MPA Director Collier County Housing and Human Services Agenda Item No. 16D1 February 10, 2009 Page 10 of 23 EXHIBIT "A" LEGAL DESCRIPTION Lot 123, 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 3755 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" nMPACT 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 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 IMPACT FEES $14,987.08 Agenda Item No. 1601 February 10, 2009 Page 11 of 23 Rdurnto Fnlnk Rllmsry Collier CUUqt), HUS 33111 E. TalOillmi Trail Nllples. Florida 34112 File# 09-072-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 10th day of February, 2009, bctween Collier County, a political subdivision of the State of Florida (COUNTY) and "Michelle Denise Canales" (OWNER), collectively stated as the "Parties" NOW, THEREFORE, for good and valuable consideration, thc 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 Ordinanccs of Collier County, Florida, known as "The Collicr County Consolidated Impact Fee Ordinancc" (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 tenn of this Agreement is from the date set forth abovc 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 rcfinancing ofthc dwelling unit: e) 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 ofthe transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourtcen Thousand Nine HWldred Ei~htv Seven and 08/100 Dollars ($14,987.08). Repayment shall include any accrued interest. Interest shall be computed at thc rate of five pcrcent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinancc or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall Aqenda Item No. 16D1 " February 10, 2009 Page 12 of 23 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned. or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgagc or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tcnant, 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 cvidencing same. 7. In the event the OWNER is in default under the Ordinancc or this Agreement, and thc dcfault is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance. or bring a civil action to endorce this Agreement. or dcclare 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 fcc and costs. incurred by the COUNTY in endorcing this Agreement, plus intcrest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the partics with respect to the subject matter herein, and shall be binding upon the OW'JER' 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 thc date and year tirst above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, fLORIDA, By: By: DONNA FIALA, CHAIRMAN , Deputy Clerk The fQre!.oi'Z ~ee~ent ns aeknowledg~d before me this ~ day of:hO.1'o_ 4, Pil... , ~/t' .R. ~.~fI ~..lt..; who is personally known to me or has produced as proof of identity. ~(' () 1- f -. ~ ign e of Person Taking Acknowledgment WITNESSES Witnesses: '-'('t"\a,.H4. w..u~ Print Name (Y\af..\.h<t A-\ lk4,-a.cio WQtnesses: '" ^N\~..J(QQn^~ Print Name I y rYQ. --L r 0 STATE OF FLORIDA) COUNTY OF COLLIER) 2008, [NOTARIAL SEAL] .l'.....,. VIRGINIA CANTU . MY COMMISSION tI DD59442S "'~::;;r """II\ES, _12.2010 I..JOO..3.HcnAAY PL NallrrPi--.... Co. Approved as to form and legal sufficiency: C~~ Colleen Greene/ Assistant County Attomey Agenda Item No. 16D1 February 10, 2009 Page 13 of 23 O~R~~~ '-J\A \ (l Mic!\elle Denise Canales OWNER: Reeonynend AJPproval: ~" .6-- 'M cy Krumbin, P A Director Collier County Housing and Human Services . . Agenda Item No. 1601 February 10, 2009 Page 14 of 23 EXHIBIT "A" LEGAL DESCRIPTION Lot 125, 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 3763 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 $862.50 D. Corrununity Parks Impact Fee 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 Agenda Item No. 16D1 February 10, 2009 Page 15 of 23 Return io Frank Ramsry Collier County HUS .Bul E. Tamhllnl TI'3i1 Naples, Floridll 34112 File# 09-071-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS Tlus Agreement is entered into this 10th day of February. 2009, between Collier County. a political subdivision of the State of Florida (COUNTY) and "Jose Guadalupe Gomez Vega and Margarita Ortiz De Gomez" (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 ofthc Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidatcd Impact Fee Ordinance" (Ordinance). In the event of any conllict 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 affcctcd real property, and in any such event the deferred impact fees shall be paid in full to thc 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 tees is Fourteen Thousand Nine Hundred Eightv Seven and 081100 Dollars ($14.987.08). Repayment shall includc any accrued interest. Interest shall be computed at the rate of five percent (5%) pcr annum. but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit '"A," which lien may be foreclosed upon in the event of non-compliance with thc Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall Agenda Item No. 16D1 February 10, 2009 Page 16 of 23 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned. or otherwise conveyed. Except as provided by law. regardless of any foreclosure on the Erst mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owncr, lessee, tenant, mortgagee. or othcr person. except that this lien shall be on parity with any lien for County taxes. 6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement. and the default is not cured within 30 days after v.Titten notice is provided to the OWNER. the COUNTY may, at its sole option. collect the impact fee amount in default as set forth in the Ordinanec, or bring a civil action to cnforce this Agreemcnt, or declare that the deferred impact fees arc 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 enloreing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a ealendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject mattcr herein, and shall be binding upon thc OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have exeeutcd this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORfDA. By: By: , Deputy Clerk DONNA FIALA. CHAIRMAN Agenda Item No. 16D1 February 10, 2009 Page 17 of 23 WITNESSES AS TO BOTH SIGNATURES Print Name OWNER: ~c>":.e. 8.-l...I~ C~""".PL- Jose Guadalupe Gomez Vega Witnesses: OWNER: J.\.C'I~rH 1~i'J. Or-b.. <:t),. Gomez. Marg . a Ortiz De Gomez Print STATE OF FLORIDA) COUNTY OF COLLIER) [NOTARIAL SEAL] owl edged before me this d day of /Jt1 /../ , o is personally known to me or has produced as fofident' y. Th 2008, b ~..,., AGNES MENDOZA ~~ MY COMMISSION # DDS94447 ~ EXP~I2.20IO Ap :~.ll.\i to __c.. and lClency, Recommend Approv ~ Krurnbin , .A' Director Collier County Housing and Human Services CI&~~~ Colleen Green Assistant County Attorney Agenda Item No. 16D1 February 10, 2009 Page 18 of 23 EXHIBIT "A" LEGAL DESCRIPTION Lot 124, 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 3759 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 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. 16D1 February 10, 2009 Page 19 of 23 }t~turll to Frank Ramsey Collier County HHS nOt E. n.miu.IDi Trail Nltplt's. Florida 3.$112 File# 09-069.IF Thi... spal;t' f(lr rt'cordin~ LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is cntered into this 10th day of February. 2009, between Collicr County. a political subdivision of the State of Florida (COUNTY) and "Romener Baptiste" (OWNER), collectively stated as the ..Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement. the terms of the Ordinance shall apply. 2. The legal description of the 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) thc sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestcad 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 latcr then the closing of the salc, or not later thcn the cffectivc date of the transfer. As sct forth in Exhibit "B," the amount of the deferred impact fees is Fourtecn Thousand Nine HWldred Eighty Seven and 081100 Dollars ($14.987.08). 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 amount. 5. The deferred impact fees shall be a lien on the property describcd 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 thc dwelling unit. The lien shall Agenda Item No. 16D1 February 10, 2009 Page 20 of 23 terminate upon the recording of a release or satisfaction of Iicn in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed, Except as provided by law, regardless of any loreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee. or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in \he 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 cnforcing this Agreement, plus interest at the then maximum statutory rate lor judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein. and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY, IN WITNESS WH~;REOF, 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 CIIAIRMAN Agenda Item No. 16D1 February 10,2009 Page 21 of 23 WITNESSES OWNER: Witnesses: , :{1'\ cW:IJ Cttv~ Print Name t-'\.U(~ At~ "1(, Romener Baptiste w.q~ Print' e ~~ CJ-.-.- OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) Thefl 2008, by edged before me thiscl12 day of ~ ' ho is personally known to me or has produced roof of identity. """.,. AG 0DS94447 #'W~ MyCQMMlSS1oN' ~ flXPlIIl!S.SepIri<'12.WIO ~.., ~..;.,,,,__eo. Approved as to form and legal sufficiency: C~~~ Colleen Greene Assistant County Attorney Recommend Approval: cy Krumbine, Director Collier County Housing and Human Services J- PA J Agenda Item No. 16D1 February 10, 2009 Page 22 of 23 EXHIBIT "A" LEGAL DESCRIPTION Lot 121. Liberty Landing, according to the plat thereof. as recorded in Plat Book 47, Pagcs 71 through 73, inclusive, of the Public Records ofCoJlier County, Florida STREET ADDRESS 3719 Justice Circle.lmmokalee, FL 34142 EXHIBIT "B" IMP ACT 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 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 IMPACT FEES $14,987.08 Page 1 of I Agenda Item No. 16D1 February 10, 2009 Page 23 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D1 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, five (5) lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. Meeting Date: 2110/20099.00 00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 1/21120094:36:59 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1/23/20099:02 AM Approved By Colleen Greene Assistant County Attornef Date County Attorney County Attorney Office 1/26/20096:22 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/26/20095:06 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/27/20091 :22 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 1/26/200910:40 AM Approved By Sherry Pryor Management & Budget Anaiyst Date County Manager's Office Office of Management & Budget 1/28/20094:36 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1/29/20094:49 PM Commissioners file://C:\AgendaTest\Export\ I 23-February%20 1 0, %202009\ 16.%20CONSENT%20AGEND... 2/4/2009