Agenda 05/26/2009 Item #16D 5
Agenda Item No. 1605
May 26, 2009
Page 1 of 51
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, twelve (12) Owner Occupied 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 approves, and authorizes the
Chairman to sign, the attached twelve (12) Owner Occupied lien agreements for deferral of
100% of Collier County impact fees for owner-occupied affordable housing dwelling units
located in Collier County.
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 deferment were submitted by program 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 office 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 unit:
,-
Applicant(s) LC2al Description Deferral Amount
Alfredo Manuel Vega Ortiz & Liberty Landing Lot 56 $14,987.08*
Maria Elena Arreola De Vega
Elmer Morejon Alvarez & Trail Ridge Lot 72 $22,325.96*
Madelaine Almanza Borroto
Naromie Amertil Trail Ridge Lot 189 $22,325.96*
Marie R. Saintil Daniel Trail Ridge Lot 187 $22,325.96*
Ismae1 Abso lu Trail Ridge Lot 65 $22,325.96*
Luz G. Velasquez Trail Ridge Lot 71 $22,325.96*
Francois D. Pierre-Paul Liberty Landing Lot 57 $14,987.08*
Escamille Williamceau & Trail Ridge Lot 193 $22,325.96*
Vacina Williamceau
Joseph Etienne & Rose M. Liberty Landing Lot 118 $12,442.46*
Etienne
Martha Y. Zelaya Trail Ridge Lot 182 $22,325.96*
Wilaire Joseph & Renette Trail Ridge Lot 194 $22,325.96*
Fabius Joseph
Agenda Item No. 1605
May 26,2009
Page 2 of 51
I Maria Gaspar Mateo I Liberty Landing Lot 59 I
* Transfer deferrals from builder to owner. No new money deferred.
$14,987.08*
FISCAL IMPACT: These agreements in total defer $236,011.38 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 IMP ACT: 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
required. This item requires majority vote only. This item is legally sufficient for Board
approval. - CMG
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached twelve (12) Owner Occupied lien agreements for deferral of 100% of Collier
County impact fees for owner occupied affordable housing dwelling units located in Collier
County.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Agenda Item No. 1605
May 26. 2009
Page 3 of 51
RetvnlID
FNakRa~
Collier Couaty HHS
3301 I. Tamlapd TriO
Naplls, Florida 34112
Fde# 09-127-IF
Tltls _pace for nnrdlD&
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Alfredo Manuel Vega Ortiz and Maria Elena
Arreola De Vega" (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 tenus 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 fltSt 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 lOB," 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 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. 1605
May 26.2009
Page 4 of 51
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\VNER 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.s
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWlGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
, Deputy Clerk
By: OS/26/2009
DONNA FIALA, CHAIRMAN
2
WITNESSES AS TO BOTH SIGNATURES
Witnesses: /1 o.
',-rr7QA~ U-VJ~to
PrintName marl-hA. 4/11ar~
Wi~.~
Prin ~
Agenda Item No. 1605
May 26, 2009
Page 5 of 51
OWNER:
Xf/(.!'1' -e~ f/.1u...J1vel l!t9''^ t>'Y7JL
ltredo Manuel Vega Ortiz
OWNER:
\,,~c)''r''''a. E\e>C\.<< Anc:.ola be ve..~o.-
Maria Elena Arreola De Vega
STATE OF FLORIDA)
COUNTY OF COLLIER)
~men!W~ed~beforemethiS~daYOf ..Am"J .
2009, by '1A.liL bo IS personally known to me ~d
as p of identity.
AGNES
MY COMMISSION" DD!MU7
~:f' IllCPIIUII: .... 12. 2010
~y 1'I...u....__O"
t . , . . . .
. . .. . I " I
Approved as to fonn
and legal sufficiency:
Q~~
Colleen Greene
Assistant County Attorney
. . .
. . .
. . : . : . : .~ . ~ .
"\
.-IJ
3
Agenda Item No. 1605
May 26,2009
Page 6 of 51
EXHIBIT" A"
LEGAL DESCRlPTION
Lot 56, 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
3748 Justice Circle, lmmokalee, FL 34142
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
F. Educational Facilities System Impact Fee
$1,907.85
$3,139.6]
$7,858.52
$450.18
E. Regional Parks Impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
$186.20
TOTAL IMPACT FEES
$14,987.08
4
..
~
Agenda Item No. 16D5
May 26, 2009
Page 7 of 51
RetUI'1l to
Fnulk Ra.-y
Colller eoaaty RHS
3301 L Tamlaml TraD
Naples. Florida 34I1Z
File# 09-121-IF
nis space for ncontlBl
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR O"\\'NER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Elmer Morejon Alvarez and Madelaine
Almanza Borroto" (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
shaH 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 COUNlY in full upon: a) the
sale of the d~ening 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 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 sball 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. 1605
May 26, 2009
Page 8 of 51
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 CO UNIT 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 shaH be recorded in the official records of the County at no cost to the
COUNTY.
IN \VITNESS 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:
OS/26/2009
DONNA FIALA, CHAIRMAN
, Deputy Clerk
2
.....
Agenda Item No. 1605
May 26,2009
Page 9 of 51
WITNESSES AS TO BOTH SIGNATURES
STATE OF FLORIDA)
COUNTY OF COLLIER)
The forFgoing Agreement 'Ya5 a9know~~ before me this :2~ day of ~ ,: I
2009, by (' {/t}tr M'" 4 t I4..4dtl11tfr who IS personally known to me or has
~ L ..-e;~Ulltll~ as proof of identity.
~..'~~p.:...~JO ~'~ ~ ~
~ 0 .:'( .. '" ~
f V .\..Y' ~.it:~ .... ~ /"1'/ .?--/
[NO~S~'t'b~C= ~ - ~
; a:: (J~~~~~ 0: ii~ Signature of Person Taking Acknow gment
SO. -$'-_~tftlf;;)lf;;) ,:;.0.::
~~.. 'C"~~. ~..i(.'J~
~ -.. '...~ ~
"', ....... O...~
Approved as to ~"STA~,,,r-"'''''
..~ ",an
and legal sufficiency:
~~
Colleen Greene
, . . . , . . . . . , Assistant County Attorney
. . . .. . . .
produced
Recommend Appr val:
cy Krumbine,
Director
Collier County Housing and Human Services
.J)
. . .
'", . .
. . . . . ... .. .. . . .. .. .
3
.....
Agenda Item No. 1605
May 26,2009
Page 10 of 51
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 72, 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
13565 Koinonia Drive, Naples, Florida 34 t ] 4
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amouot 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
J. Water Impact Fee
$3,6]6.49
K. Sewer Impact Fee
$3,722.39
TOTAL IMP ACT FEES
$22,325.96
4
Agenda Item No. 1605
May 26.2009
Page 11 of 51
Retura to
Fl"8IlkRlmsey
Collier Coualy HHS
DOl E. Tamlall1i Trail
~pla. Florida 34112
FUe# 09-120-IF
This space [or l'ftord1n&
LIEN AGREEMENT FOR DEFERRAL OF 100010 OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Naromie Amertil" (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 ofthe 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 tbe COUNTY
not later then the closing ofthe 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 96/1 00 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 sban 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. 1605
May 26, 2009
Page 12 of 51
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 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, a1 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:
OS/26/2009
DONNA FIALA, CHAIRMAN
, Deputy Clerk
2
WITNESSES AS TO BOTH SIGNA TIJRES
Witnesses:
Print Name
;J:;
Witn ses: /
< ~
~ame N _~A-1YJO
STATE OF FLORIDA)
COUNTY OF COLLIER)
Agenda Item No. 1605
May 26, 2009
Page 13of51
OWNER:
1liJramu~ ll/YnfM
Naromie Arnertil
OWNER:
The foregoing Agreement w~ ,knOWledged before me this ilJL day of -1J I: r I ,
2009, by N Orc);...,/e 4merfl. , who is personally known to me or h produced
F' L D L.- . as proof of identity.
"\\,,,u ''''''1
,\,\,\, \..OR",,_ "it,,,,
.....s:~t;~.,..... ~~:\
[N~~t!n~.~""
i ~ i Ny Comm. explr.. ~ 0\
= . AugUlt 29, 2010. =
-: ~ MD. DO 5eo:a31: J.
\~-~...~
Approved as '.. 'f\.~'"
and legal suIDe ~!tt,t",\fi
{\1ffJ~~-
Colleen Greene
. ~ssistant County Attorney
.. . . . . . . . : . II . , .
, . .. .. . .
. . .
.
I
.
.
. . .
. . ,
, . .
~:2~
Ignature of Person Taking Ae ' wledgrnent
1~~~~:l: J
.....Marcy Krumbine, MPA
Director
Collier County Housing and Human Services
3
Agenda Item No. 1605
May 26. 2009
Page 14 of 51
EXIllBIT "A"
LEGAL DESCRIPTION
Lot 189, Trail Ridge, according to the plat thereot: as rec.orded in Plat Book 44, Pages 71 through
77, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13544 Koinonia Drive, Naples, Florida 34114
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
J. Water Impact Fee
$3,6] 6.49
K. Sewer Impact Fee
$3,722.39
TOTAL IMPACT FEES
$22,325.96
4
..
Agenda Item No. 1605
May 26, 2009
Page 15 of 51
Retana 10
Frallk Ra..-y
Collier County HHS
3301 E. Tamiaml Trail
Naplts, Florida 34111
File# 09-118-IF
TIlls .,.ce for ruordtag
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Marie R. Saintil Daniel" (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 shalt 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 pan 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 961100 Dollars ($22.325.96). Repayment shall include any
accrued interest. Interest shall be computed at the rate offive percent (5%) per annum, but in
no event shall it ex.ceed 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. 1605
May 26,2009
Page 16 of 51
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 this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the ftrst 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 shaU 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 shaH 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 ftrst
above written.
Attest:
DvnGHTE.BROCK,C~~
BOARD OF COUNTY COMMISSIONERS
COLLIERCOUNTI', FLORIDA,
By:
, Deputy Clerk
By: OS/2612009
DONNA FLALA, CHAIRMAN
2
Agenda Item No. 1605
May 26,2009
Page 17 of 51
WITNESSES AS TO BOTH SIGNATURES
W~'-"~ ~
Print N~';tL ~ - - ~
o~. _
~
Marie R. Saintil iel
wUn~~
Print Name eY\...- ,
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
The fo:!"8 Agrce9"'nt was "knol"ledged before me this .:Lq day of 4l / ,
2009, by MA'/~ 't? ,::>o,Y1IJ Uvt;~who is personally known to me or as produced
F L "L.. as proof of identity.
\\\,.1 'tf.,,~
....,.." \..ORJO\."1': """'" /J
[NOT4~if~..~~~\ ~ ~
! : ~;;.:-. :
~ .. *.OO~~.
\ . ~..
~.::.~.
Approved as to ~~ifOf.~
and legal sufficiency: m"U
ooP~~JJt~ ~
Colleen Greene
Assistant County Attorney
\
y Krumbine,
Director
Collier County Housing and Human Services
. ... .
. . . ~ . ~
. .. . . . .. "
-" . . . . .. .. .
3
'.
Agenda Item No. 1605
May 26, 2009
Page 180f51
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 187, 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
13536 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMP ACT 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
l. Law Enforcement lmpact Fee
$] 86.20
J. Water Impact Fee
$3.616.49
K. Sewer Impact Fee
$3,722.39
TOTAL IMPACT FEES
$22,325.96
4
Agenda Item No. 1605
May 26, 2009
Page 19 of 51
Retu.... ill
Fraall. RlIl11R)'
CoUierCoUDty HHS
]301 E. l.mi.mi Trail
Nlpes, Florida 34 112
File# 09-123-IF
This S,-DL! for I'KOrdmg
LIEN AGREEMEl\,. FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Ismael Absolu" (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 ofthe dwelling unit is attacbed 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 tater 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 shaH include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in
no event shan it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shaH 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 shaJl operate as a lien against the dwelling unit. The lien shall
Agenda Item No. 1605
May 26, 2009
Page 20 of 51
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 shaH 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
aU 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,
, Deputy Clerk
By: OS/26/2009
DONNA FIALA, CHAIRMAN
By:
2
Agenda Item No. 1605
May 26, 2009
Page 21 of 51
WITNESSES AS TO BOTH SIGNATURES
OWNER:
~
P Name ~~ f(p.J'~A-
IJglJ,tl1~' '1~F;'(}I/1"
fsmael AbsoIu
w~ ~~
Prmt Nam~tJtS1 ~ !dr~-
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing AFW~t wtas acknowledged before me this.30 day of A 1'11' J ,
2009, by~";""o~L1:I:?.:tLa . who is personally known to me or has produced
-::P {,.. D L as proof of identity.
~,'I'''''''""
~..~ ~"''' L.O "'''Il
rY/J;-€..::~ol~
: l~ .~\i
! : ~ -wq.. 1:.-. ~ '"
- . .:1IfIIt -'- -:'PIf-. · c..
: Ul ':. .III'./J/)....., 1P'()" : 0
~~ . IAt;~J.
~7 ..~_ -...r;jjIf .-
-:".Ilt .~~IC ....
Approved 'I. .~
and legal suffic
Recommend Approval:
~dA.~
Ivfarcy Krumbine, P A
Director
Collier County Housing and Human Services
~b-~
Colleen Greene
: . : . : . . . : . : . Assistant County Attorney
. . . .. . . .
. .. . . . . . .
. . '. . . .
. . . . . . .
3
Agenda Item No. 1605
May 26, 2009
Page 22 of 51
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 65, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, ofthe Public Records ofCoHier County, Florida
STREET ADDRESS
13537 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
B. Correctional Facilities Impact Fee
$66.97
C. Library impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
$7,858.52
$450.18
F. Educational Facilities System impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
1. 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
4
e..
Agenda Item No. 1605
May 26, 2009
Page 23 of 51
Ret1IrD to
Fnnk IUDBe)'
Collier Coonly HHS
3301 E. T.miaml Trail
N.p1es, Florid. 34112
File# 09-124-1F
This IplIft for I"KlIrdtng
LIEN AGREE.MENT FOR DEFERRAL OF 1000/0 OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Luz G. Velasquez" (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 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
;t
Agenda Item No. 1605
May 26, 2009
Page 24 of 51
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:
OS/26/2009
DONNA FIALA, CHAIRMAN
, Deputy Clerk
2
.
,.
Agenda Item No. 1605
May 26,2009
Page 25 of 51
WITNESSES AS TO BOTH SIGNATURES
Witnesses: M t (i);o N
Print Name .:1'::>>1'" ~Uv\
~.
~s: /J k
.?ri~ f!f',-Jt'fI;,. (~
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
The fore~oing Agr~c;nt was acknowledged before me this ~ day of JJ':j ,
2009, by ~~tIIltt", <.l c.....::;u't v C'2:::', who is personally known to me or has produced
~o$>..>>-,.. lOI!i~""~ as proof of identity.
~ O~ ....r...T.~......,.). ~
::'.= .' ilU "'~;]. "'"' ~
S ~.. ..-~.'i,
:: J....~l~ '. 'c..:.o:.
[N<lT~~_': oj
~ '. No. DO 5h3s... =
~~ -.. ,0 ... $
';., .,..>.:.~u~., ,.."r' ~
:.I'I:;_~' · .., of'!t.\....,~..
"'" OF FLO~\,\\""
11"'Ut"""\
Approved as to fonn
and legal sufficiency:
Si
Recommend Approval:
b-1!-' )
Director
Collier County Housing and Human Services
rj)flltJI*~
. . . . . . ~oneen Greene
: : : : : : . : : : : : :~ssistant County Attorney
. . .
~ . . .. . It'. . . .
- .. . . . . .. "
3
"
,,'
EXHIBIT" A"
LEGAL DESCRIPTION
Agenda Item No. 1605
May 26,2009
Page 26 of 51
Lot 71, 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
13561 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amouot Owed
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
K. Sewer Impact Fee
TOTAL IMPACT FEES
$112.46
$66.97
$402.79
$86250
$1,907.85
$3,139.61
$7,858.52
$450.18
$186.20
$3,616.49
$3,722.39
$22,325.96
4
L
Agenda Item No. 1605
May 26, 2009
Page 27 of 51
Amlra Ie
Frauk a.-y
CoWer Coat)' HIlS
3381 E. Tallliaati T,.U
Naplel, Florida 34112
File# 09-1l9-IF
This 1P.c:e lor record.iD&
LIEN AGREEMENT FOR DEFERRAL OF 10001. OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Francois D. Pierre-Paul" (OWNER),
coUectively 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 tenns of the Ordinance
shan apply.
2. The lega) description of the dwelling unit is attached as Exhibit "A."
3. The teon 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 rea)
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 uB," the amount of the deferred impact fees is Fourteen Thousand Nine
Hundred Ei~tv 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 described in Exhibit 44A," 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 li.en against the dwelling unit. The lien shall
l
Agenda Item No. 1605
May 26,2009
Page 28 of 51
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 COWlty at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above vmtten.
Attest:
DWlGHT E. BROCK, Clerk
BOARD OF COUNTI' COMMrsSIONERS
COLLIER COUNTY, FLORIDA,
, Deputy Clerk
By: OS/26/2009
DONNA FIALA, CHAIRMAN
By:
2
Agenda Item No. 1605
May 26, 2009
Page 29 of 51
WITNESSES AS TO BOTH SIGNATURES
lJ~ G~
t Name G. jon' C\ G> \J. i 1'\ b; It u....-
\,WNER:
,AD---, es,,; ~ ~ p _~
Francois D. Pierre~Paul
OWNER:
Wiblesses: {~~
Print Name ~o('.J ~ovlol.t('G.S
STATE OF FLORIDA)
COUNTY OF COLLIER)
Th~egoing AgrcrmC# was ~o~ged before me this ~ day of ~ '
by -fYt1/}~ IJ. I'~ 1~119 is personally known tCLme or fias produced
as roof ofidentity.
2009.
~~fiM-JL
Colleen Greene
Assistant County Attorney
...J
. . .
. . . . . . I
. . . . . . .
. . . .
3
,
Aqenda Item No. 16D5
~ May 26. 2009
Page 30 of 51
EXlDBIT "A"
LEGAL DESCRIPTION
Lot 57, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
3752 Justice Circle, lmmokalee, FL 34142
EXlDBIT "B"
UMPACTFEEBREAKDOWN
Type of Impact Fee
AmODotOwed
A. EMS Impact Fee
$112.46
B. Correctional Facilities Impact Fee
$66.97
C. Library Impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
$7,858.52
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
$450.18
1. Law Enforcement Impact Fee
$186.20
TOTAL IMPACT FEES
$14~987.08
4
\
Agenda Item No. 1605
May 26,2009
Page 31 of 51
Rel1lnl to
FraakRamR)'
Collier Coaaty HIlS
3301 E. TaDillDi Trail
Naples. FIoricIa 34112
File# 09.122-IF
nit IJIllCl for recordilll
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and .'Escamille Williamceau and Vacina
Williamceau" (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 v.rith 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 uB," the amoWlt 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. 1605
May 26,2009
Page 32 of 51
terminate upon the recording of a release or satisfaction of lien in the public records of the
C01.D1ty. The deferrals of impact fees and this Agreement shall run with the lan~ 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:
, Deputy Clerk
By: OS/2612009
DONNA FIALA, CHAIRMAN
2
WIlNESSES AS TO BOTH SIGNA TIJRES
Print N
Witnesses:
~~~
Print Name mtJ.t'..J+t "'- .4/r141"ea4,.
Agenda Item No. 1605
May 26.2009
Page 33 of 51
OWNER:
xEC,l'"g.M.d,,~f t,.4- (11./"'/ (,,~~..---
EscmmlIe~ Wil . amceau
OWNER:
)<.li ct-CI ~/ 1'$ iJ-/VIC JU.J.L 1.-1,.-
Vacina WiIliamceau
STATE OF FLORIDA)
COUNTY OF COLLIER) ~ ,-'
The foregoing ~ent was acknowledged before me this ~ day of ~ ~ .
2009, by jJlltOJYlC((Lu,lc,riiM,1Il. i Ytt.li~ho is personally known to me ~
as proof of identity.
Approved as to fonn
and legal sufficiency:
~~~
Colleen Greeri.e
. ........ "h.:ssistant County Attorney
.... . .......
'" . .. . .. . .. . .
.. " .. '"
'\
l~~k
--?
Director
Collier County Housing and Human Services
3
....
Agenda Item No. 1605
May 26, 2009
Page 34 of 51
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 193, 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
13572 Koinonia Drive, Naples, Florida 34114
EXIllBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
B. Correctional Facilities Impact Fee
$66.97
C. Library Impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
F. Educational Facilities System Impact Fee
G. Road Impact Fee
$7,858.52
H. Government Building Impact Fee
$450.18
1. Law Enforcement Impact Fee
$186.20
J. Water Impact Fee
K. Sewer Impact Fee
$3,616.49
$3,722.39
TOTAL IMPACT FEES
$22,325.96
4
Agenda Item No. 1605
May 26, 2009
Page 35 of 51
Return to
Frallk Ramsey
Collier County HIlS
3301 E. TlmilDli Tl'lIil
Naples. Flarida 34U2
File# 09-113-IF
This space for recording
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 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Joseph Etienne and Rose M. Etienne"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged., the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit n 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 COlJNTY
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 Twelve Thousand Four
Hundred Fortv Two and 461100 ($12.442.46). 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. 1605
May 26. 2009
Page 36 of 51
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 lan~ 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
COUNn'.
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
2
Agenda Item No. 1605
May 26, 2009
Page 37 of 51
WlTNESSES AS TO BOTH SIGNATURES
OWNER:
Witnesses:
'-fYJ 0J:J;J...0 afutueuk
Print Name mClr+k4. .4-1 v{J.ra&o
Joseph Etienne
OWNER:
LF\-' < ~. fit,
Rose M. Etienne
...t-'
t;.l..t..e., ,r,'''.J?_
Print
STATE OF FLORIDA)
COUNTY OF COLLIER)
Ths.J9r~going.eem I ~~ledg<:d before me this 11- day of ,.L".,.... / ,
2009, by~, _~ho IS personally known to me ~d
'" as pr ofidentity.
. . 4 * . . ,
[NOTARlAL SEAL]
,. . . - . . .
3
":
Agenda Item No. 16D5
May 26,2009
Page 38 of 51
EXlllBIT "A"
LEGAL DESCRIPTION
Lot 118, 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
3711 Justice Circle, Immokalee, FL 34142
EXlDBIT "B"
IMPACT FEE BREAKDOWN
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
$2,862.00
F. Educational Facilities System Impact Fee
G. Road Impact Fee
$6,059.00
H. Government Building Impact Fee
$410.00
I. Law Enforcement Impact Fee
$171.61
TOTAL IMPACT FEES
$12,442.46
4
Agenda Item No. 1605
May 26,2009
Page 39 of 51
Return tu
Frank Ramsey
Collier County HIlS
lJOl E. Tamiami Trail
Naples, Florida 34112
File# 09-110-IF
Tbis spacr for recording
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 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Martha Y. 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:
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 refmancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the ftrst 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 offjve 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. 1605
May 26. 2009
Page 40 of 51
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 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, incwred 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
2
u
,
U
I:
."...
Agenda Item No. 1605
May 26. 2009
Page 41 of 51
WITNESSES
~()~
Print Name mar a. 1ltf2r~
OWNER:
~~CA i. 2..L\~ClA.
Martha Y. Zelaya
~~
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
~~enl wZ acknow ledg~ before me 1hi, J3... day of - 1A...: IJ,
2009, by ZL. ~ '.w. IS JlI"S""8I1Y known to me ~
as p. f 0 ldentJty .
~, AGNES
~;. MY COMMISSION 1/ 01)594447
~ EXmES: .....12.3010
.":J.HOTMY l'I.lIIa)'~--ClI.
Si
Approved as to form
and legal sufficiency:
~~-P
~ y Krumbine. A
Director
Collier County Housing and Human Services
~
Colleen Greene
Assistant County Attorney
. . . " . . .
. . .
\.' . .
. . . . , . .
II . . . . .
3
.....
Agenda Item No. 1605
May 26,2009
Page 42 of 51
EXHIBIT" A'"
LEGAL DESCRIPTION
Lot 182, 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
13516 Koinonia Drive, Naples, Florida 34114
EXInBIT "B"
~ACTFEEBREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
B. Correctional Facilities Impact Fee
$66.97
C. Library Impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,139.61
F. Educational Facilities System Impact Fee
G. Road Impact Fee
$7,858.52
H. Government Building Impact Fee
$450.18
L Law Enforcement Impact Fee
$186.20
J. Water Impact Fee
$3,616.49
K. Sewer Impact Fee
$3,722.39
TOTAL IMP ACT FEES
$22,325.96
4
.'
Agenda Item No. 1605
May 26, 2009
Page 43 of 51
Re1um tIl
Fnak R.8mscy
Collier Conney HHS
3301 E. Iemiaml Inll
Napla. F1orid.l341J2
File# 09-12S-IF
Tbis space for ~rding
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 26th day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Wilaire Joseph and Renette Fabius Joseph"
(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
CoJlier 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 shan 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 96/1 00 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 dweHing unit. The lien shall
I
Agenda Item No. 1605
May 26, 2009
Page 44 of 51
tcnninate 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 unti I 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:
OS/26/2009
DONNA FIALA, CHAIRMAN
, Deputy Clerk
2
Agenda Item No. 1605
May 26, 2009
Page 45 of 51
WITNESSES AS TO BOTH SIGNATURES
fL~f+- fle/q;-~
Witnesses: /J-/;;;:;)
JZ7c J::na7;;"'-7l-~
STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER:
~)~
Wilaire klipeh.Jo ~l1...
OWNER;
Q O/Jf/)/t r ~ TJt1d!,J
Renette Fabius Joseph 'J"'-!' v
The fore,going A ment was ackn9~ledged before me this -5- day of ~flj- ,
2009, by tla./ I,. 0 1-f)t>rJf?t{;t<'who is personally known to me or ha produced
L- L , as proof of identity.
Slgnature of Person Taking Ac owledgment
c~
Colleen Greene
Assistant County Attorney
Marcy Krumbine,
Director
Collier County Housing and Human Services
- ~ . . . .
. . . . . . .
--
3
Aqenda Item No. 1605
~ May 26, 2009
Page 46 of 51
EXlllBIT " A'"
LEGAL DESCRIPTION
Lot 194, 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
13576 Koinonia Drive, Naples, Florida 34114
EXlUBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
Amouot 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
H. Government Building Impact Fee
$7,858.52
$450.18
G. Road Impact Fee
I. Law Enforcement Impact Fee
$186.20
J. Water Impact Fee
$3,616.49
K. Sewer Impact Fee
$3,722.39
TOTAL IMPACT FEES
$22,325.96
4
.1'
"
,
..
Agenda Item No. 1605
May 26. 2009
Page 47 of 51
Retuna III
Frau Rarmey
Co1tier Cowl$)' HHS
3301 E. Tallllllml TraU
Naplel. F10rida 34111
File# 09-126-IF
TbillIJ*e for l'IlCIInI....
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 261h day of May, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Maria Gaspar Mateo" (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 tenns of the Ordinance
shall apply.
2. The legal description of the dwelling WIit is attached as Exhibit "A."
3. The tenn of this Agreement is from the date set forth above WItH the impact fee is repaid.
4. The arnoWIt of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refmancing 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 Ei2htv Seven and 08/100 Dollars ($]4.987.08). 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
1
.
Agenda Item No. 1605
May 26. 2009
Page 48 of 51
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 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 COUNIT 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:
, Deputy Clerk
By: OS/26/2009
DONNA FIALA, CHAIRMAN
2
.....
WITNESSES
Witnesses: ~
'-f'(\~ 0luCA- '
Print Name m (J.(' ~a.. A- \.J o..,A.at. 0
t;:~
Agenda Item No. 1605
May 26, 2009
Page 49 of 51
OWNER:
OWNER:
STATE OF FLORIDA)
COUNTI' OF COLLIER)
Th.~gA~t)"J'~ledgedbetbremethisc2JdaYOf .~; ~
2009, by ~~~~ who IS personally known to me ~d
or- as p. f of identity.
[NOT ARlAL SEAL]
~"'" AGNES MENDOZA
~ MYCOMMl5SION "D~
~ E1IP'I1lU:......12.2010
I~Ak'l' 'lNMta.......Ot.
Approvea as to torm
and legal sufficiency:
~-
Colleen Greene
. Assistant County Attorney
. . ....."...... 'III ,.'
, '. 'III : ... .....,,:.:
. ." '..
.
I
C
Recommend Approvi A ~
~
Director
Collier County Housing and Human Services
3
..,.
Agenda Item No. 1605
May 26, 2009
Page 50 of 51
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 59, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records ofCoIlier County, Florida
STREET ADDRESS
3760 Justice Circle, Immokalee. FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amollot Owed
A. EMS Impact Fee
$1l2.46
B. Correctional Facilities Impact Fee
$66.97
C. Library Impact Fee
$402.79
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3.139.61
F. Educational Facilities System Impact Fee
G. Road Impact Fee
$7.858.52
H. Government Building Impact Fee
$450.18
1. Law Enforcement Impact Fee
$186.20
TOTAL IMPACT FEES
$14,987.08
4
Page 1 of 1
Agenda Item No. 1605
May 26, 2009
Page 51 of 51
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1605
Recommendation that the Board of County Commissioners approves. and authorizes the
Chairman to sign, twelve (12) Owner Occupied lien agreements for deferral of 100% of
Collier County Impact fees for owner-occupied affordable housing dwelling units located in
Collier County.
Meeting Date: 5/26/200990000 AM
Prepared By
Frank Ramsey SHIP Program Coordinator Date
Public Services Housing and Human Services 5/11/20092:42:43 PM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 5/11/20093:36 PM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human Services 5/11/20094:12 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 5/12f2009 1 :49 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 5/12/20095:16 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 5/13/2009 12:50 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 5/14/20094:54 PM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 5/15120092:30 PM
Approved By
Winona W. Stone Assistant to the County Manger Date
Board of County County Manager's Office 5/18/200910:53 AM
Commissioners
file://C:\AgendaTest\Export\130-May%2026,%202009\16.%20CONSENT%20AGENDA \ 1... 5/20/2009