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Agenda 02/24/2009 Item #16D 3 Agenda Item No. 16D3 February 24.2009 Page 1 of 43 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, ten (10) lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable bousin\( dwellin\( units located in Collier County. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached ten (10) lien agreements I(Jr defelTal of 100'Yo 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 lor qualified affordable housing. Pursuant to this program, applications for deferment were submitted by program participants, which applications, after staff review, were determined to quality for the program. Legal status has been verified and documents are on file at the oflice of Housing and Human Services. The ordinance requires that a lien agreement be entered into with the applicant as a condition of defelTaI of the impact fees. Section 74-40 I (3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying lor 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 OJ1ice 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 Maria Del Carnlen Sanchez Trail Ridge Lot 1 R3 $22,325.96" Hernandez Mireille Mellien Trail Ridge Lot 60 $19,372.46" Maricela Trejo Mendieta Trail Ridge Lot 59 $19,372.46" Floriselva D. Zelaya Trail Ridge Lot 58 $19,372.46" Max Julmiste Trail Ridge Lot 62 $19,372.46" Camieien Prussien and Anne Trail Ridge Lot 181 $22,325.96" Prussicn Christina V. Hernandez Trail Ridge Lot 186 $22,325.96" Carla S. Viacava Trail Ridge Lot] 88 $22,325.96" Javier Alvarez Libcrtv Landing Lot 127 $14,987.08 Leonardo Hernandez Ortiz Liberty Landing Lot 128 $14,987.0R and BianevHernandez ~ " Transfer d4erralsfi'om blli/der to owner. No new money deferred. Agenda Item No. 1603 February 24, 2009 Page 2 of 43 FISCAL IMPACT: These agreements in total defer $196,767.84 in impact fees. Although it is expected that the County will ultimately collect these defelTed fees (generally upon the sale of the residence), there is no guarantee as to iC or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This itcm has bccn rcvicwcd and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required. This itcm 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 ten (10) Lien Agreements for DefelTaI 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. 16D3 February 24, 2009 Page 3 of 43 Retumto Frank RatnJey Collier County HIlS 3301 E. Tamiami Trail Naples., Florida 34112 File# 09-086- IF This Spite ror rttordi.g LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ZL/t11 This Agreement is entered into this Mlih day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Javier Alvarez" (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 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 Eighty 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. 1603 February 24, 2009 Page 4 of 43 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 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 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 COlTh'TY 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 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 Wl~ESS 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 WITNESSES Witnesses: n fI . _ . _ I '-fY1cuil~~ Print Name rfho.. f:j lvara.do Witnesses: /) NI1A1Ji<". o<Wt__Av-.J Print Name (Via r-\f, #.... r'O\Ct d,_ STATE OF FLORIDA) COUNTY OF COLLIER) Agenda Item No. 1603 February 24, 2009 Page 5 of 43 OWNER: ,~d~ <%vier Alvarez OWNER: 2009, The foregoing Agreement was acknowledged before me this 2:J.1jday oQ"-" ..~' ~( 141 v'~, who is personally known to me has pr ced as proof of identity. [NOTARIAL SEAL] L'" VIRGINIA CANTU . MY COMMISSION' Dm9441! ...."'::/ EXl'fIlI;S,~ 12.21no I"""""'MY PI. '*-Ya..."--Co. Approved-as to torm and legal sufficiency: .........COll~ __A"'_'Co~~ ^"oo", .:::: >:: ~::: ~ L --P ? Y Krurnbine MPA Director Collier County Housing and Human Services Agenda Item No. 1603 February 24,2009 Page 6 of 43 EXHIBIT "A" LEGAL DESCRIPTION Lot 127, Liberty Landing, according tD the plat thereof, as recorded in Plat BDok 47, Pages 71 through 73, inclusive, of the Public Records ofCDllier County, Florida STREET ADDRESS 3771 Justice Circle, ImmDkalee, FL 34142 EXlllBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. CDrrectional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. CDmmunity Parks Impact Fee $862.50 E. RegiDnal Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. GDvernment Building Impact Fcc $450.18 r. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 , " Agenda Item No. 1603 February 24,2009 Page 7 of 43 Retarn to FraDk Ramsey Collier Co..ty HHS 3301 E. Tamlaml Trail Naples. Florida 34112 File# 09-090-IF This space (or 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 24th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Christina V. Hernandez" (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 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 Twenty Two Thousand Three Hundred Twentv Five and 96/100 Dollars ($22.325.96), 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. 16D3 February 24, 2009 Page 8 of 43 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 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 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 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 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. 16D3 February 24, 2009 Page 9 of 43 WITNESSES Witnesses: ~., j;?f7.k"~ J. u ,'...., I 'to.'{ .(-0 OWNER: o ;O.t'IYQ.~ ~ Christina V. He z Print Name OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) 2009, The foregoing Agreement was acknowledged before me this d.L day of <"\(:"\\\0.,,;\ , by CIH."I:"c> \j. \-1nl\<'>"J.""" who is personally known to me or has produced as proof of identity. \\\U\I\U""IJ _" LO c I" ~" ~ ...""...'" s . 'l.:.!.. ' ~ ,.~ [N '8B'\~I~ ~ .::~.. .""'';. ~ : My Comm. Expir.. ~ 0 i ~ : Auoust 29. 2010: 5 ... A_....;; i " No. 00 51MHV" "'i ~~~',f I> \..\~..' ~~~~ Approved aSOJP.:i.p';"'~... o~.",~ 'I ~~iiF 1'1.: ,,~ and legal sufficfmi'fY"II1'I\'" C~~ Colleen Greene ./ Assistant County Attorney .J ~ ~ ~l~ ~ Signature of Person aking Acknow edgment Recommend Approval: /t-,,-,,-/r,;\ ,-^,-, _JJ Marcy Krumbine, MP A Director Collier County Housing and Human Services Agenda Item No. 16D3 February 24,2009 Page 10 of43 EXHIBIT "A" LEGAL DESCRIPTION Lot 186, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS J 3532 Koinonia Drive, Naples, Florida 34 J 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact 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 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 r Agenda Item No. 16D3 February 24, 2009 Page 11 of 43 Return to Frank Hamley Collier County HDS 3301 E. Tamilmi Trail Naples, Florida 34112 File# 09-087 -IF This spate (ot tet'ording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~ day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Max Julmiste" (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 ofthe 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 Nineteen Thousand Three Hundred Seventy Two and 46/100 Dollars ($19,372.46). Repayment shall include any accrued interest. Interest shall be computed at the rate offive 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. 1603 February 24, 2009 Page 12 of 43 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 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 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 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 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. 16D3 February 24, 2009 Page 13 of 43 WIlNESSES ~. am~~ .J...b..... 1M" A\... OWNER: -~ ~.V~&. Max ulmiste , OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The \oregoing Agreement was acknowledged before me this...2..L day of ( b f\Ua r'1_' 2009, by ~ Y " ,\m ,.J c- , who is personally known to me or has produced """::\=' '""" T"I as proof of identity. ",'IIIItIlI"" ~ ,"';..... LOft,,;-"',"!. '7 ~ r#im9.~il!:4~\ 7t t~fmt/. J' 1 i A1yComm. ElP":\\ Signature of Person Taking Acknowledgment i i AufUlt It, 1010 : ~ . No. DD 5eo... : _. YUW . ~d}.... ,oURL\Fc ..-1- ApproveQ~.foPM' ~fJ. and legal sutn'~l.'u,," ~~ Colleen Greene ---- Assistant County Attorney Recommend Ap roval: \ \ J~,~-P PA ~..'-'.- arcy Krumbin , Director Collier County Housing and Human Services Agenda Item No. 16D3 February 24, 2009 Page 14 0143 EXHIBIT "A" LEGAL DESCRIPTION Lot 62, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 7] through 77, inclusive, of the Public Records ofColIier County, Florida STREET ADDRESS ]3525 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E, Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fcc L Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,4]5.00 $3,515.00 TOTAL IMPACT FEES $19,372.46 . Agenda Item No. 1603 February 24, 2009 Page 15 of 43 Return to Frank Ramsey Collier County HHS 3301 E. Tamiaml Trail Naples. Florida 341U File# 09-088-IF This space ror recordiog LIEN AGREEMENT FOR DEFERRAL OF 1000/0 OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 24 This Agreement is entered into this -+13th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Mireille Mellien" (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 contlict 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 ofthis 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 ofthe sale, or not later then the effective date ofthe transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 Dollars ($19.372.46). 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. 1603 February 24, 2009 Page 16 of 43 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 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 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 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 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. 16D3 February 24, 2009 Page 17 of 43 WI1NESSES OWNER: t~~jL ("Ii f~ (( I' F- L -/ I ,ill (2. e.J IN MireiIle Mellien OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) 2009, The f'tC(;oing Agreem~~c w\l~ acknowledged before me this ~ day of Jr7/1UCL/'--! , by . r; d\.. c- \ I, rIA. , who is personally known to me or has produced as proof of identity. """1111"'11,, [N~~~'" $~'" ~~ ~ : l/y Comm, .... \ ~ :: : ...., II, .,,- \. ~. IN, DD""" Approve!~~~~ andlegalsu~~~~ ''''''If ~PPJ.--fir{Jh. 0 Colleen Greene Assistant County Attorney Recommend Approval: l -J MPA ----~ ~ . Agenda Item No. 16D3 February 24,2009 Page 18 of 43 EXHIBIT "A" LEGAL DESCRIPTION Lot 60, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13517 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" ~PACTFEEBREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B, Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F, Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Building Impact Fee $410.00 1. Law Enforcement Impact Fee $171.61 1. Water Impact Fee $3,415.00 K. Sewer Impact Fee $3,515.00 TOTAL IMPACT FEES $19,372.46 Agenda Item No. 16D3 February 24, 2009 Page 19 of 43 Rrtumto Frank Ramsey Comer County HHS 3301 E. Tamtaml Trail Naples, Florida 34112 File# 09-083-IF Thisllpace ror recordiol LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS Z~ This Agreement is entered into this t6th day of February, 2009, between Collier County, a political subdivision ofthe State of Florida (COUNTY) and "Leonardo Hernandez Ortiz and Bianey Hernandez" (OWNER), collectively stated as the "Parties." NOW, mEREFORE, 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 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 effective date ofthe 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 Aqenda Item No. 16D3 - February 24, 2009 Page 20 of 43 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 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 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 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, thc Parties have executed this Agreement on the datc 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. 16D3 February 24, 2009 Page 21 of 43 WITNESSES AS TO BOTH SIGNATURES Witnesses: '-fr\I1L-ti Q,. 0 C).)~ Print Name (II u(" -\-ho.. \ JC\UUli) Witnerf ~, SA i ~~~ STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: ~\(Y'el ~ ~ Bianey Herna dez ~.,. VIRGINIA CANTU ~~ MY COMMISSION j DD594425 -e- EXPIRES, Sqoomm 12. 2010 1-..wGrMY n NaIII)'~ "-- Ca. Approved as to fooo and legal sufficiency: . . . . . , .2~ll~fn~~~o : : : : :: ::::: :~ssistant County Attorney ~ arcy Krumbine, Director Collier County Housing and Human Services J) . . . . . . . . . . . . . . Agenda Item No. 16D3 February 24.2009 Page 22 of 43 EXHIBIT "A" LEGAL DESCRIPTION Lot 128, 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 3775 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" ~ACTFEEBREAKDOWN 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 Fce $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 IMP ACT FEES $14,987.08 .; Agenda Item No. 1603 February 24, 2009 Page 23 of 43 .. Retumto Frank Ramsey Collier County HHS 3301 E. Tamiaml Trail Naples, F1orid. 34111 File# 09-091-IF This .pace for retording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 24th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Camicien Prussien and Anne Prussien" (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 tenus of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit" A." 3. The term ofthis 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 effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 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%) 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. This Agreement shall operate as a lien against the dwelling unit. The lien shall Agenda Item No. 1603 February 24, 2009 Page 24 of 43 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 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 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 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 year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN , WITNESSES AS TO BOTH SIGNATURES STATE OF FLORIDA) COUNTY OF COLLIER) Agenda Item No. 1603 February 24, 2009 Page 25 of 43 o~ ~~am' len ssie' .' OWNER: HIVV\-t. ~DJ'UL~' Anne Prussien 2009, The foregoing Allreement was apknowledged before me this !!..J...- day of J01\00.' ~8 ' by (\).,";L:e', 1(,..'''''''' l- J\<\.e. who is personally known to me or has pro uced as proof of identity. ""UUIJI"" qC~~ tiLOF/;::,% [N~~~~ ~~\<'~ ! : II, Comm.&pq, ~ 0 \ ~ """"No. a, 2010 : .. 00.... i Approved ~~.. e."'6P.IoIfc.-:dr: and legal suffi'i . F\.dl"'-I In. C~p~ Colleen Green Assistant County Attorney ~1 '/)?4W~ ~ Sfgnature ofPei'Son Taking Ac owledgment Reco~mend APp{roval: L.~-.--~L, _-" Marcy Krumb' e, MPA Director Collier County Housing and Human Services Agenda Item No. 16D3 February 24, 2009 Page 26 of 43 EXHIBIT "A" LEGAL DESCRIPTION Lot 181, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13512 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMP ACT 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 1. Water Impact Fee $3,6 I 6.49 K, Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 ~ Agenda Item No. 16D3 February 24, 2009 Page 27 of 43 Return to Frank Ramsey Collier COD_ty HHS 3301 E. Tamiami Tnil Naples. Florida 34112 File# 09-08S-IF Tbis space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS z.l,.! This Agreement is entered into this-Wth day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Maria Del Carmen Sanchez Hernandez" (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 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 Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22,325.96). 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. 1603 February 24, 2009 Page 28 of 43 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 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 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 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 year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN WITNESSES Witnesses: Print Name '1~:~ '~j(:" //7 STATE OF FLORIDA) COUNTY OF COLLIER) Agenda Item No. 16D3 February 24, 2009 Page 29 of 43 OWNE ~ . ~ ia Del Carilren Sanchez He . o~ ~ Lfj..~' ~/ . / L- The 0 going Agreement was acknowledged before me this ;24 day of jo<1l'-'o' '" , 2009, by Q"I.-~ who is personally known to me or has produced as proof of identity. ~(~ ~ &~ Sighature of Person Taking Acknowledgment ,\(",u..",,,,, ", 0" ~ ~" \. ""'0)'; ~~~'f;tb'f~"~.. "t; (Nof~A1: SE~" Q ~~:~' toIQ =. '!~.... ; ~. 1lO,OO-fIjJ ~. ~~ ~ ...:-. ~1p ~i:'J": ....... Approved as to~ of . and legal sufficienc9'!""'" ('~~ 0 Colleen Gree e Assistant County Attorney Recommend Approv I: cj-'-----~. --JC-.~ --/? arc Krumbine, P Director Collier County Housing and Human Services ~ Agenda Item No. 16D3 February 24,2009 Page 30 of 43 EXHIBIT" A" LEGAL DESCRIPTION Lot 183, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13520 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F, Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee ], Water Impact Fee Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 ~ " Agenda Item No. 16D3 February 24, 2009 Page 31 of 43 ReturD to Frank Ramsey Collier County HHS 3301 E. Tamiaml Trail Naples, Florida 34112 File# 09-082-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS '2Ll This Agreement is entered into this-+eth day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Carla S. Viacava" (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). Tn the event of any conflict with this Agreement, the tenns of the Ordinance shall apply. 2. The legal description ofthe dwelling unit is attached as Exhibit "A." 3. The tenn 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 effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twentv Five and 961100 Dollars ($22.325.96). 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. 1603 February 24, 2009 Page 32 of 43 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 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 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 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 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. 16D3 February 24,2009 Page 33 of 43 WITNESSES O~~t Carla S. lacava l/~~ Print Name OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) 2009, The fpregoing Agreement was acknowledged before me this 2..:1- day of _ by (r,(\u.. '). \j '(~<LU' u- , who is personally known to me or """ l- ...:r: D as proof of identity. ~"I1UIU~ [NOT ~" ~~ -..t-.. ..~,..-: ~O'.-'."vTAJf;:.'~~ $~.. -. ~~ ! : JAy Comm t.....I_ .~ ~ = = : AuOUlf 29 -,mil : 0 = '" . fc D ,2010 - ...0.0 -: APproved'~orm 5Q033s.. it .... . ~ .- ~ and legal s ,. '.I;\~" f)~~lj C~~fM;;b-- Co een Green Assistant County Attorney ,. -:/ ~ d;- -' /~ ~?,v S' nature of Person Taking Acknowled nt Recommend Approval: --' , Agenda Item No. 16D3 February 24, 2009 Page 34 of 43 EXHIBIT "A" LEGAL DESCRIPTION Lot 188, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13540 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee Amount Owed $112.46 $66.97 $402,79 $862.50 $1,907.85 $3,139,61 $7,858.52 $450.18 $186.20 $3,6]6.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 . Agenda Item No. 16D3 February 24, 2009 Page 35 of 43 Retarn to Fnnk Ramsey CoOler County HHS 3301 E. Tamiaml Trail Naples, Florida 34112 File# 09-084-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS z'-i This Agreement is entered into this .+6th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Floriselva D. Zelaya" (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 contlict 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 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 Nineteen Thousand Three Hundred Seventy Two and 461100 Dollars ($19.372.46). 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. 16D3 February 24, 2009 Page 36 of 43 tenninate 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 th is 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 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 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 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 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. 1603 February 24, 2009 Page 37 of 43 WITNESSES Print Name 11~-;'~~C7;J} OWNER'~-> . I '/ Florisel Witnesses: OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of \ 1'\ <K"vI_. 2009, by-=fl o. ..:;;,e..l.", -Z,,\eu.;,..... who is personally known to me or has produced ~L.-..x=-D ' as proof of identity. ",\I""II."t~ . .A4'" \.OR....,;''+... [NOT~.~Xt~"..~i" ! ~: My ComJl, bJIIH'~ 0 = : AutU' II, 1010 : -. DO ...... . ~ ." No. ..... ,- .,.~~~.. ~'i!...~ Approved as too::.r~~......;~ and legal sufficienc"~"f.r.I~ (O~ Colleen Greene Assistant County Attorney Ignature of Person aking Acknow edgment t '- ) PA ~ --,j' Agenda Item No. 16D3 February 24, 2009 Page 38 of 43 EXHIBIT "A" LEGAL DESCRIPTION Lot 58, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13509 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 $62.08 B. Correctional Facilities Impact Fee C. Library Impact Fee $368.1 8 D. Community Parks Impact Fee $750.00 F. Educational Facilities System Impact Fee $1,659.00 $2,862.00 E. Regional Parks Impact Fee G. Road Impact Fee $6,059.00 H. Government Building Impact Fee $410.00 1. Law Enforcement Impact Fee $171.61 J. Water Impact Fee $3,415.00 K. Sewer Impact Fee $3,515.00 TOTAL IMPACT FEES $19,372.46 \,- Agenda Item No. 16D3 February 24, 2009 Page 39 of 43 Return to Fnnk RamHY Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-089-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 2'1 This Agreement is entered into this -Wth day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Maricela Trejo Mendieta" (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 tenn 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 effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 461100 Dollars ($19.372.46). 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. 16D3 February 24, 2009 Page 40 of 43 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 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 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 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 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. 16D3 February 24. 2009 Page 41 of 43 WITNESSES WitnessefiJLi tI AJ~ Print Name ,,-:-I/!2- t-tI v, ACt! t/ A OWNER: (/)uAAf.~ ~-r) Maricela Trejo Mendie OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ;2 L/ day ocJo (WCU~ ' 2009, by. '. 1: (. Nut ~o-.who is personally known to me or has pro uced \ as proof of identity. ~Jh~ -;:Z ;:. .#f Signature of Person Taking Acknowl~%t :\'""''' r4r+1~~i~ : Of: lAy comm, explltl ~ ! : hIgIIol d, IDIO : .:\ ~ No.DOPGIM I '. ~. ~Io.."..~~. ~.f":. _. .._ Approved a~f' and legal sufficl~ iJOQ~htfl~ (/ Colleen Green6 Assistant County Attorney \ ." ,;\,....., ,~---<( arcy Krumbin ,N PA Director Collier County Housing and Human Services . Agenda Item No. 1603 February 24, 2009 Page 42 of 43 EXHIBIT "A" LEGAL DESCRIPTION Lot 59, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 135 I3 Koinonia Drive, Naples, Florida 34\14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee Amount Owed $\ 00.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 TOTAL IMPACT FEES $19,372.46 Page ] of I Agenda Item No. 16D3 February 24, 2009 Page 43 of 43 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D3 Recommendation that the Board of County Commissioners approves. and authorizes the Chairman to sign, ten (10) lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County, Meeting Date: 2/24/200990000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 2/5/200912:43:47 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 2/6/20094:18 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 2/9/2009 8:55 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 2/9/200911 :41 AM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2/9/200912:36 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/10/200911:36AM Approved By Sherry Pryor Management & Budgel Analyst Date County Manager's Office Office of Management & Budget 2/10/20092:08 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 2/11/20097:04 PM Commissioners file://C:\AgendaTest\Export\ ] 24-February%2024, %202009\ 16.%20CONSENT%20AGEND... 2/18/2009