Loading...
Agenda 06/09/2009 Item #16D 5 Agenda Item No. 1605 June 9, 2009 Page 1 of 27 EXECUTIVE SUM.MARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, six (6) 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 six (6) Owner Occupied lien agreements for deferral of] 00% 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) Le2al Description Deferral Amount Pierre Solano Joseph & Marie Liberty Landing Lot 60 $14,987.08* Chantale Esperance Raul Jimenez & Mayra 1. Trail Ridge Lot 190 $22,325.96* Jimenez Israel Laguerre & Elzane Trail Ridge Lot 73 $22,325,96* Laguerre Eveline Toussaint Trail Ridge Lot 192 $22,325,96* Manuel R. Garcia & Sandra Trail Ridge Lot 70 $22,325,96* Garcia J. Guadalupe Jimenez & Trail Ridge Lot 69 $22,325.96* Senaida R. Jimenez * Transfer deferrals from builder to Ov~71er. No new money deferred. .- Agenda Item No. 16D5 June 9, 2009 Page 2 of 27 FISCAL IMP ACT: These agreements in total defer $126,616.88 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not 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 six (6) 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. 16D5 June 9, 2009 Page 3 of 27 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-130-IF DIs space for rec:ording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 9tl1 day of June, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Pierre Solano Joseph and Marie Chantale Esperance" (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 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 atthe rate oftive 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 I Agenda Item No. 16D5 June 9, 2009 Page 4 of 27 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: , Deputy Clerk By: 06/09/2009 DONNA FIALA, CHAIRMAN 2 Agenda Item No. 1605 June 9, 2009 Page 5 of 27 WITNESSES AS TO BOTH SIGNATURES Witnesses: , --fY)~ CUuo.4J~ Print Name (Ylor-l-~Jt"~ J:4 I vara.d" OWNER: ,~!iVT(/ _ -504YUJ JP~ 'p'ierre Solano Joseph WiJ:.esses: ~_ p;L~ At;~, - ~t;t STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: ~~ l'Q , cLJ-nQo Marie hantale Esperance {bA/yb.M- CL , t was acknowledged before me this li day of --"l ~ ' . . . ~ personally known to me or has p duced as proof of identity. MY COMMISSION II DDS 7 "A."'" r", EXPIRES: SqllcdlIr 12.1010 ...."'...rF Fl ~~.......Q). 1.e00-3-NOTARY . Approved as to form and legal sufficiency: ~~~ , Colleen Greene Assistant County Attorney Recommend Apprpval: ! \ ~ i ,l-A f l' --'-......,--r- ~ .r Marcy Krumbiite, MP A Director Collier County Housing and Human Services 3 Agenda Item No. 1605 June 9, 2009 Page 6 of 27 EXHIBIT "A" LEGAL DESCRIPTION Lot 60, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3764 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 $450.18 H. Government Building Impact Fee 1. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 4 Agenda Item No. 1605 June 9, 2009 Page 7 of 27 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-135-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 9th day of June, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Raul Jimenez and Mayra 1. Jimenez" (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 II A. II 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 1 Agenda Item No. 1605 June 9, 2009 Page 8 of 27 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 COU1\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 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: 06/09/2009 DONNA FIALA, CHAIRMAN By: 2 ~ Agenda Item No. 16D5 June 9, 2009 Page 9 of 27 WITNESSES AS TO BOTH SIGNATURES OWNER: ~ dj?l/J! Raul Jime z ... '''" OWNER: ..Nc~\ /\ 0.. l ~\ \r\C' 1\ Q? MayraJI. Jimenez STATE OF FLORIDA) COUNTY OF COLLIER) The foregoin, Agreement wj1S acknowledged before me this ...!Lt2- day of 2009, by ~ L~enC'Z-1 J...la'(fut- who is personally known to me or ~C!: ~~. as proof of identity. ~... ,..- A ." ~A! ...........,..'lo..~ ~ 0"'-.' ~OTA~~. ~ ~ ~,;e..- r ..-~~ [lj:)1..A~\ c..-i = : AugUlt 29. 2010 . 0 i !. ~ No. 00 590338 : E -;~.. .. I ~,:,.~~'e'~..~~.l "i.-fF OF F\.O~.\.... Approved as t~~.....",' and legal sufficiency: jj~~ Colleen Greene Assistant County Attorney t~~/ , has prt,duced ~ ature of Person Taking Acknowledgment Reco{fend Approval: I . ,I ._.~-A "Nt cy Krumbine, PA Director Collier County Housing and Human Services 3 Agenda Item No. 16D5 June 9, 2009 Page 10 of 27 EXHIBIT "A" LEGAL DESCRIPTION Lot 190, 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 13548 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 I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450. I 8 $186.20 TOT AL IMPACT FEES $3,616.49 $3,722.39 $22,325.96 4 Agenda Item No. 1605 June 9, 2009 Page 11 of 27 Return to Frank Ramsey Collier County IffiS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-131-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 9th day of June, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Israel Laguerre and Elzane Laguerre" (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. 1605 June 9, 2009 Page 12 of 27 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: 06/09/2009 DONNA FIALA, CHAIRMAN , Deputy Clerk 2 Agenda Item No. 1605 June 9, 2009 Page 13 of 27 WITNESSES AS TO BOTH SIGNATURES OWNER: J:S R1l6-t Israel Laguerre ("t.Z 8U(~ RI? (; OWNER: f,/rJ;ne L/J(jlJp,JtJJ(0 Elzane Laguerre ATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of M.ct..<1 ' 2009, by--::-\" .......(o..cz \ "* ~ 'eo.",e I o.t! (>'(.\0;(- who is personally known to me or has produced as proof of identity. !I"~"~;'''... 0 ~" .t......,.~... ~ ~'r . [N~~. ~~\! .. a:.. d'"i"*", .- ~g~~~~~~ ~~1 ~ --- .. ~.~. .-.". iY ... ~ -. ~.. "'C:# liO,1. ........ i:Jc. ,,"" APprovedas{~A~~' and legal sufficiency~' c~ 19nature of Person Taking Acknowledgment Reco~rend Appro al: f/ /" JJ1PP~~AJl- Colleen Gree e Assistant County Attorney J 3 Agenda Item No. 1605 June 9, 2009 Page 14 of 27 EXHmIT "A" LEGAL DESCRIPTION Lot 73, 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 13569 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 $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 $3,616.49 K. Sewer Impact Fee $3,722.39 TOT AL IMPACT FEES $22,325.96 4 Agenda Item No. 1605 June 9. 2009 Page 15 of 27 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-132-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 9th day of June, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Eveline Toussaint" (OWNER), collectively stated as the "Parties." NOWt 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 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 1 r-- Agenda Item No. 1605 June 9, 2009 Page 16 of 27 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: 06/09/2009 DONNA FIALA, CHAIRMAN , Deputy Clerk 2 Agenda Item No. 1605 June 9, 2009 Page 17 of 27 WITNESSES Witnesses: OWNER: f~~ Eveline Toussaint W~~. ~ L .. ..y ~1 Print Name I'-i rJll-tn t'?- L.cf/2r1-I ((. l:J,) OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of 2009, by '.'5~": ' who is Dersonally koown t~e or ~",,; \..Q_~ _ ~ as proof of identIty. $~~,--:';'t'" .~... ~'c. $0 ....". .. V ,.. ~~~;t~f\ ~ ~. Mo.nos-': _ J -:;,.. .~. .-11'0.'. '1. ~Cl.... ~\.~. ~~ "'",-r~........' O<(f ~t ""I,,'" OF f~",\ ,'ft.....""..- Approved as to torm and legal sufficiency: r ~~/li2tJ2- Colleen Gree e Assistant County Attorney ".,., 3 Agenda Item No. 1605 June 9, 2009 Page 18 of 27 EXHIBIT "A" LEGAL DESCRIPTION Lot 192, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 7 I through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13568 Koinonia Drive, Naples, Florida 34114 EXHmIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 $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 $3,616.49 TOTAL IMPACT FEES $3,722.39 $22,325.96 K. Sewer Impact Fee 4 Agenda Item No. 16D5 June 9, 2009 Page 19 of 27 Return to Frank Ramsey Collier County HHS 3301 E. Tamiaml Trail Naples, Florida 34112 File# 09-128-IF Dls space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 9th day of June, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Manuel R. Garcia and Sandra Garcia" (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: ]. 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 ofthe 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 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. 1605 June 9, 2009 Page 20 of 27 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: 06/09/2009 DONNA FIALA, CHAIRMAN , Deputy Clerk 2 WITNESSES AS TO BOTH SIGNATURES STATE OF FLORIDA) COUNTY OF COLLIER) Agenda Item No. 1605 June 9,2009 Page 21 of 27 OWNER: ~~,R- ~~ Manuel R. Garcia OWNER: ~~ ~lra ~andra Garcia CYCA'&, 2009, Th~egoinf Agre~menJ was~kn?wledge.d before me this ~ day of by ntJl"_ ~ S::i11 ru (i((..'o.who IS personally known to me or as proof of identity. ~\'''''''''''''' __....~lA,.. 1..0::''''' [NOT A~~EAl$J-...~."f. '\ $." "'P.~ \ = ,," AI,- ~A. ". ":!. s - · ~ -""'/fl It.. . ,.. t = : No ., I; "";tiff, : '-1- ; ~ :.. . Do stin:'!.'0 : 0 ~.,. ..~- -...~ .. Approved as to f"~' ..~"'t". .... I ""~O ..."1. t- ~~ and legal sufficien~""r FLOV-\~,..,"- ~~..~".... Colleen Gene Assistant County Attorney 1?1~ ~ :;t; Signature of Person 'fa ing Acknowledgment Recommend Approval: arc Krumbine, M Director Collier County Housing and Human Services 3 Agenda Item No. 1605 June 9, 2009 Page 22 of 27 EXHIBIT "A" LEGAL DESCRIPTION Lot 70, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 7I through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13557 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOT AL IMP ACT FEES $22,325.96 4 Agenda Item No. 1605 June 9, 2009 Page 23 of 27 Return to Frank Ramsey Collier County IllIS 3301 E. Tami~mi Trail Naples, Florida 34112 File# 09-129-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 9th day of June, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "J. Guadalupe Jimenez and Senaida R. Jimenez" (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 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%) 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 1 Agenda Item No. 1605 June 9, 2009 Page 24 of 27 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: 06/09/2009 DONNA FIALA, CHAIRMAN , Deputy Clerk 2 Agenda Item No. 1605 June 9, 2009 Page 25 of 27 WITNESSES AS TO BOTH SIGNATURES OWNER: J:'=7....,,:u~ ( -' ..?E. J:-n-".. ks:. L J. Guadalupe Jimenez .-.... ~: ~ F .print ~tJ(l(~" cJ..-'~ 6" OWNER: ~'eYJG. / cj t\ /). J 1'M f" ne'Z- Senaida R. Jimenez STATE OF FLORIDA) COUNTY OF COLLIER) The foregoin Agreement was ack owled,eed before me this ~ day of 2009, by - , 4- /Ja Il\'1w1ro -qs personally known to me or ~~ \..ORA~ as proof of identity. ~.~t;.b't;.R.~..~e~ ~ ~ .~ · 0 i~~~~\L] =_~.'iif i.",""I\it~.. fP T k' A kId __ :"_d 19nature 0 erson a mg c n w e gment ~ ':. "'^ 005w->- ._ 'S . ,.w' · ~ '\ .;:.... ~oft..~; ~I.;-.r: ....... 0 ~... -.", 'If 1'f Of ~~.. Approved ~~JiMl.llR'-'" and legal sufficiency: (1JJJ~~ Colleen Greene Assistant County Attorney roduced cy Krumbine, Director Collier County Housing and Human Services 3 Agenda Item No. 1605 June 9. 2009 Page 26 of 27 EXIDBIT "A" LEGAL DESCRIPTION Lot 69, 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 13553 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 I. Law Enforcement Impact Fee $ I 86.20 TOTAL IMPACT FEES $3,616.49 $3,722.39 $22,325.96 J. Water Impact Fee K. Sewer Impact Fee 4 Page I of 1 Agenda Item No. 1605 June 9, 2009 Page 27 of 27 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D5 Meeting Date: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, six (6) Owner Occupied lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. 6/9/2009 900:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 5/28/20094:27:28 PM Approved By Tona Nelson Senior Admin Assistant Date Public Services Parks and Recreation 5/29/2009 8:38 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5/29/2009 9:07 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 5/29/2009 2:38 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 6/2/20094:33 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 6/2/20094:39 PM Approved By Winona W. Stone Assistant to the County Manger Date Board of County Commissioners County Manager's Office 6/2/20094:59 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 6/2/20096:24 PM file://C:\AgendaTest\Export\131-June%209,%202009\16.%20CON SENT%20AGENDA\ I 60... 6/3/2009