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Backup Documents 12/01/2009 Item #10B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lOB TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original dl)(.;umcnls should b.: hand delivered to the Board ()frice The completed routing slip and original documents are to be forwarded to the Hnard Ottice nllly.!.f!!r the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropnate for additional ~ignatures, dates, and/or information needed. If the document is already complete with the ," i " " execution of the Chairman's si!:!:nature, draw a line throue.h routine. hoc's # I throu 'h #4, cOlnoletc the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service ~ 12/01/2009 2. Chairman Donna Fiala Board of County Commissioners 3. 4. 5. Ian Mitchell, Executive Manager Board of County Commissioners rJ 11/01 !20oJ ~ 6. Minutes and Records Clerk of Court's Of1ice PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending L~CC approval. Nnrmally' the primary contact is the pers~m who created/prepared the executive summary. Primary contact information is needed in the event one of the addrcssl:cS aoove, ll1t:1uding Sue !-'ilson, need to contact stall' for additional or missing infomlation. All original documents needing the BCl' Chalrman.s signature arc to be delivered w tlK Bee office only after the Bee ha<; acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 12/01/2009 Agenda ltem Number 10-B Approved by the BCC Type of Document Agreements Number of Original 36 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N! N' in the Not Applicable column, whichever is Yes N/A(Not aoorooriate. (Initial) Applicable) 1. Original document has been signed/initialed f()r legal sufficiency. (All documents to be signed by the Chairman, with the exception or most letters, must be reviewed and signed ~ by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's 1r~ Office and all other parties except the BeC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been cnte[t'd as the date of BCC approval of the ~ document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~ signature and initials arc required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of Bce approval. -1L Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware ofvour deadlines! 6. The document was approved hy the Bee on 12/01/2009 and all changes made during *- the meeting have heen incorporated in the attached document. The County Attorney's Office has reviewed the chanl!es, if aoolicable. I: Fonns/ County Forms/ Bee Forms/ Origimll Ducuments Routing Slip WWS Original 903'(J4, Revised J .26.05, Revised 2,24,05 1GB Return to INSTR 4368919 OR 4514 PG 2784 RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 ,,'rank Ramsey HilS 3301 E Tamiami Trail Naples, FL 34112 File# 10-023- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, bctween Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, lnc." (DEVELOPER) collectivcly stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to thc COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly defcrred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/1 00 Dollars ($15,246.26). 5. The deferred impact tees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact tees and this Agreement shall run with the land, and neither the deferred impact fecs conveyed from. Except nor this Agreement shall be transferred, assigned, or otherwise as provided by law, regardless of any foreclosure on the first I loa 'f mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as sct 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 fecs and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on tile at thc office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk .. U- .. U CIIa .t....Iff. ..11 :.. , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C9;UNTY, FLORIDA II! By: /jJh-rrv<- -:}/4tJ""2009 DONNA FIALA, Chairman BY:~ 2 1 0 B~'l ~ ,~ WITNESSES: "/7 Y...#'~ PrinfName: (\Jt'( I~('){A (C,hC"'r'y) County, Inc pri~~:me:fi4~f/t;! h \ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrwnent was acknowledged before me this I to day of C C ~ 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me 9r has produccd 'f#~~ as identification. [NOTA~..lt.1JoJ'og.~,J,J . ~t?pi---- ~",~ ....\QA H. /.t,r-"'"" ~: b.,\""....n..... <'J9. ,.' at f otary Public ~ "v." ("\ T" ". ~ ~ ~ ~ ....~ - . q 1 ... ~ \. .. )..-:p" ~ ~ ~ i MYCnMMEXPIRES'" J7 i \., ,) t/.. .... L. .If)'. ,/V)1 ,.~ g ~ JULY27,2010 : s '-' It./I lL_ ti:A' I v v- ;, <.p'" No OD578885 .: s \~"';"(!llL\G./:,?" I Print Name of Notary Public ,>,,-~..'.'..._......:.,~ l' ., O~ F\,.O~...\\\~<t; 111""I11IlI"\~ Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene - Assistant County Attorney d,~,~~ . --,,- Director - Housing and Human Services 3 lOB 1'1 EXHIBIT "A" LEGAL DESCRIPTION Lot 134, Liberty Landing, according to the plat thereot: as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collicr County, Florida STREET ADDRESS 3799 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities Systcm Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOT AI, IMP ACT FEES $15,246.26 4 l08 Return to INSTR 4368920 OR 4514 PG 2788 RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey HilS 3301 E Tamiami Trail Naples, FL34t12 File# 10-024- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 sl day of December, 2009, between Collier County, a political subdivision of thc State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable considcration, 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 Consolidatcd Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for thc dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fiftcen Thousand Two Hundred Forty Six and 26/1 00 Dollars ($15.246.26). 5. The deferred impact fces shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the cvcnt of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardlcss of any foreclosure on the first 1 lOB 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, mortgagce, or other person, except that this lien shall bc on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's rcquirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee cqual to tcn percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fec amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penal tics. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk "ta. .. to o..,."....~ .t.......,. .' BOARD OF COUNTY COMMISSIONERS COLLlERAOUNTY, FLORIDA I! / ' , . I' .' ,. ^ i/ ./.. /} By: --L'~/ <::>/~1I2009 DONNA FIALA, Chairman 2 lOB WITNESSES: P'~~" ~:~>C\ er County, Inc en..... t';-:; ,2:/ Print Name: (\~ (r l< lV'Ju (o"\(~YI::/5 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ! 6 day of Oc:: f , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. - - [NOTARIAL SEAL] ~\\,,,""11IIJII',,,,1. ,..." ~ p.. H. J.f f. """~ ;~~ ~.~..,..,...Ii'~~~ i ~) ./(1"\ A .If ;" ~ \. it:::>/.;:.. - -- \1"\ ~.;:...: . OES': :: : MYCOMM.EXPh.. ~ :. ~ : JUlV71.2010 : s S \ Nn 80578885 : S \. ,rl:...../)UB\_' ~./~oq:l >:. r. ." ~ ~ ~4~.......... 0 ., ;0'..: . ~ "';"'}' OF f\": ~",,, 'I"" _ \\\,,, fJ'"IJUlll1l'\\\ ..!Ier(M~ Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: 4~~ -J Director - Housing and Human Services ~ Colleen Greene Assistant County Attorney 3 lOB " EXHIBIT "A" LEGAL DESCRIPTION Lot 136, 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 3807 Justice Circlc, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fec Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fce $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $ I 5,246.26 4 Return to INSTR 4368921 OR 4514 PG 2792 RECORDED 12/312009 1029 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 lOB , Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL341l2 File# 10-025- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, bctween Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In thc event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months atier issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferrcd. As set forth in Exhibit "B," the amount of the deferred impact fecs is Fitieen Thousand Two Hundred Fortv Six and 26/1 00 Dollars ($15.246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the evcnt of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardlcss of any foreclosure on the first 1 lOB .: mortgage or other security intcrest, this licn 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 bc on parity with any licn for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default undcr the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is providcd to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that thc deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the officc of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for afJordable housing, or is not sold to legal residents, thc filll amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the partics with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. B~OCKiClerk BY:~ AIt\... te' If".~ .1',' ' BOARD O~OUNTY COMMISSIONERS COLLIE}i41UNTY, FLORIDA if/ ' ^ I, ',h->?",~_ -::::>/ ,,' ~ c.,c By: 12/01/2009 DONNA FIALA, Chairman 2 WITNESSES: ~~ Print Name: ~ I<~)L,-ro~f'(,t/) p,~:r;",fik:tJ(c\, \ lOB , .~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6' day of (/c -l , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. [NOTARIAL SEAL] ~\,,\\\,,"IIlIIl"""1111. -$'","'....,'0 Ji., H. H E ~ :t",,~ '" ~.'\-'" ..p~...~ rT~ ..~ ~ pO ,or -'. 'T", "" ~ ~ ..- 0 \. A R)" ~;p '\ l.~'/';;"- --\V\ g f MYCOMM.[XPIRES ~ ! ~ . JlIL'!27.2010 : ; ;. NoOD578885: S %O>:....,/'UB\"C./A"<! '" /..,' 00 ~ .0' ''-';: '" ~... ..' t'l...' '* ~, ... 0'-""" ;.0"'11/1. 0 F f\; \\\"",0;: '11""J"IIIII,'ll"\ Approved as to form and legal sufficiency: ~~. ./ Colleen Greene Assistant County Attorney .~ YD I MV/J 4- J/er112/C---- Print Name of Notary Public Recommended Approval: ~~~ -...{! Director - Housing and Human Services 3 lOB 1 EXHIBIT "A" LEGAL DESCRIPTION Lot 66, Liberty Landing, according to the plat thereot~ as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3788 Justice Circle, 1mmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 r. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $15,246.26 4 Return to INSTR 4368922 OR 4514 PG 2796 RECORDED 1213/2009 1029 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 108 Frank Ramsey HHS 3301 E Tamiami Trail I"iaples, FL34112 File# 10-026-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entercd into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agrccment is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any contlict with this Agreement, the terms of the Ordinance shall apply. 2. The Icgal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agrecmcnt until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees defcrrcd shall bc paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/1 00 Dollars ($15.246.26). 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 or non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a rclease 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 Agrecment shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 10 B ! 4 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 taxcs. 6. Upon the satisfactory completion of this Agrecment's rcquirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event thc DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days alier written notice is provided to the DEVELOPER, a delinquency fee equal to tcn percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fcc amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees arc thcn in default and immediately due and payable. The COUNTY shall be entitled to rccover 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 judgmcnts calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, docwnented and kept on tile at the oHice of Housing and Human Serviccs. If the developer fails to comply with the terms of the agrecment, or the unit ceases to be utilizcd for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agrcement between the parties with rcspect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in thc 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 ..~. II tII .. .,...... ..,.' BOARD OF COUNTY COMMISSIONERS COLLIER CfqUNTY, FLORIDA I / I. j / .... By: '; ;~'."nA. / f2/o'1/2009 DONNA FIALA, Chairman ~ By: .' . 2 lOB WITNESSES: ~ €) PriniName: 1))~_v'\ ~/ Print Name: /?.J/c;<!: /(ot.J"c,/("'rc;"';) STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6' day of ()c"L 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. [NOT ~\~IAln,,~,~ALJ ~"",,,, <'\p.. H, II """'- ,,~\v 'it:", '.. ~. boY'" SS..3... 'T~... i!O V 0" ." o. ~ f t:::> 0."' 0 ~ A ~ -0. ~ ~ i ~ ... ~ . j-\ --;P \; ~ ; MY r.OMM. EXPIRES ~ "F ~ ~ : JUl'C'7,20JO : :: ; ~ No [)D578885 : i 'S (j)" /) .: ~ ~ /- .... if B L\ G.... ~ 1 .....~.. .' ^ ~ ~ 1 ..._.... <1'''' ~ " 0''''"'' ""'/J: OF F\..: ~\'\\." ""'/~/""'!lIlU""\\\\' \IE/ erJ1A -' tkJre/c:- rint Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: (~ Colleen Greene Assistant County Attorney ~--P arcy Krumb Director - Housing and Human Services 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 70, 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 3804 Justice Circle, Immokalee, PL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $15,246.26 4 Return to INSTR 4368923 OR 4514 PG 2800 108 RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey IlIlS 3301 E Tamiami Trail Naples, FL34112 File# 10-027-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 sl day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, thc receipt and sutliciency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In thc cvent of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees arc duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/100 Dollars ($15.246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the cvent of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as providcd by law, regardless of any foreclosure on the first I lOB 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 taxcs. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including. but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fec equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that thc defcrred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on tile at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to lcgal residcnts, thc full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement betwcen the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BRQCK, Clerk By: _lUl.. w CtMrr.... .t.,__, -If- . . , . , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIEIl')f'OUNTY, FLORIDA ;n- , , I ^I?;o-yn.<l~ "':.,./:" 4'1: By: 11/01/2009 DONNA FIALA, Chairman 2 lOB ~ WITNESSES: /.72- Print Name: fL}IC!< KC/i,(o)er",.:; DEVELOPER: Habitat for Hu BY: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6 day of CJc f , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ------- [NOTARIAL SEAL] ~\\,\,,""IIIIIIl"11111. ~.$"\\~\) ~~~~<~t;/"'"",- ~ ~., '. 1'-", I~ .." (\ T '" frio.. 'A-\\ ~~,l .+.,..".-- 'j_o. -r ~ ~ .. . Y' . S :" MY r:OMM EXPIRES \ i ~ : JUlV ~72010 : 5 s ~ r~r:,n05788a5 : E . tJ" j) ... is \ ""'" .liB\\c....^"</~ ~ -<J o. ~ 00 ~ ~~....... ~ ...._....a~~~ "'".;; OF f\.: ......~ :IJItlUIIIIMIlIU""" .}Io ~ ~A. UJ(lWr&4- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~/:lwOl L Colleen Green Assistant County Attorney d,d~ Director - Housing and Human Services ---P 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 130, 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 3783 Justice Circle. Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $I5,246.26 4 Return to INSTR 4368924 OR 4514 PG 2804 lOB RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey HilS 3301 E Tamiami Trail :\I a pies, FL 34112 File# 10-028-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of Decembcr, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agrccment, thc terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferrcd shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households mecting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "8," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/1 00 Dollars ($15,246.26). 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 opcrate as a lien against thc dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, rcgardless of any foreclosure on the first I lOB 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 COWlty taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documcntation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in dcfault under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its solc option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fces are thcn in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Serviccs. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BRQCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIEIJ. cfJUNTY, FLORI?A Aj~>??v_ c; By:" 12/01/2009 DONNA FIALA, Chairman .' Attest" te "'-.....', IfF_. .". .". 2 WITNESSES: "//7 Print Name: (lJ,clc.. I<O(~ loAf"'r'o.S' print~: ~pJJ ']).1' P l?rOt' ~\ \ lOB llier Count)', Inc BY: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6 day of Oc" I- , 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. [NOTARIAL SEAL] ~\\,\\"IlI"U""" - """"'("\0. H I, ""," ~~ "'\\J' .. ';Yep"~ , ~- ..0."".- 'T1!" , ~ ,.".. ". ~ $ r"::- .'_ ,,, T 4 I. ". ~ ~ $ s::" .,' ,..:.. ~.' ~ J-" ~ '" $ '/ '~ \1"\ is J ~,~Y I.OMM EXPIRES ~ -= 5 : lUL'lJ7,201O : ~ ; ~ ;i!c OfJ~7888S : i \<i''''\'''''BL\G /,:,<1 '\ .- ~'.._.'-' .... ^ .:; ~~..-'}"..,...... ~V..$" .....{<f, -. f~T" F\.. 0 ,.t-~ '1;;1 ',J, \\\,.." ~/""'t~'l!l,,~'tt Approved as to form and legal sufficiency: ~~ ./ - Colleen Greene Assistant County Attorney )0/~ ~r/~/c.--/ Print Name of Notary Public Recommended Approval: '-IP 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 68, Liberty Landing, according to the plat thereof, as rccorded in Plat Book 47, Pages 71 through 73, inclusive, ofthc Public Records of Collier County, Florida STREET ADDRESS 3796 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $15,246.26 4 Return to INSTR 4368925 OR 4514 PG 2808 lOB RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey lIIiS 3301 E Tamiami Trail Naples, FL 34112 File# 1O-029-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I" day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agrecmcnt is madc pursuant to Chaptcr 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/100 Dollars ($15.246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with thc Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of licn 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 Agreemcnt shall bc transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I 10 B " mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fcc imposcd shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residcnts, thc full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penaltics. 8. This Agreement is the sole agreement betwecn the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. ~ttnt .. te "-~. I'''~ ..~. " . Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIERfiOUNTY, FLORIDA I, / 'I, ;; I I , i.. f~' co,./I ctl~10I/2009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clerk By: 2 lOB WITNESSES: ~ Print Name: /lJ/ c/c 10./0,,1("J-'C:' ~ p ~n oj1s~ Prin Name: -' PC- -\~ ('O,z ~ \ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this I,f, day of Qc f 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. [NOTARIAL SEAL] ,\,'tlll"""""" $""\.~\J ~ H 11 i""'",~ ~ ",',' .~~'~"h 1i'L\ ~ ;: v' ",1' "'. 'T.L'\~ $ r..'::::" 0'" r... , " I~ ".~;p ~ i~' /.-:>' " l-\ v\ i ? \~'! COMM EXPIRES .~ ! s: ' JULVn2!l1O : 5 ~ . r,j(,D85788fl!i i S ~,~ '. t. G'" ~i ~""'. /'13' \ .' ^' '" ~ /..;, ...." . \..- ... i"::'$ , - -~, . ""._~.. O(F. ~~ "<:., .' '.'\C" ~\,: ~..~ ":!",_ .... ....- ,,\1'" " -'~':"l~all"\' J .{jiY~ Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: C~~ , Colleen Greene Assistant County Attorney -MbI~ ~ Director - Housing and Human Services 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 72, 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 3818 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fce $190.61 C. Library Impact Fee $424. I 4 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fcc $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fce $7,725.00 H. Government Building Impact Fcc $482.59 I. Law Enforcement Impact Fec $193.83 TOTAL IMPACT FEES $15,246.26 4 Return to INSTR 4368926 OR 4514 PG 2812 lOB RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 Frank Ramsey HHS 3301 E Tamiami Trail Naples. FL 34112 File# 10-030-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I s[ day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is hom issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "8," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a rclease or satisfaetion 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 impaet fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I lOB 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 taxcs. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days aftcr written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for atTordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. By: BOARD OF COUNTY COMMISSIONERS COLLIER ~UNTY, FLORIDA , i ,/ i ' ,!-., .: / ~ /-, "/) By: . r!.->n....~ "y.<~~/2009 . DONNA FIALA, Chairman Attest: DWIGHT E: BROCK, Clerk MteIt . te .. st.... . -n, 2 lOB WITNESSES: ~- Print Name: /lJ/C~ /(OL1/'-,h--ra.--,> BY: lier County, Inc . ~U (ji) /J/~A~ Pnnt Name: 'l).c;e. t 'i (>":. h \ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / (; day of c;c- I- 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. - [NOT{.).~L SEAL] ~\\\t 111111. ,~,..~~\) ~~~:.~(;"",..~ ... . 1>. ,", ..?, ~ i:' "V .. (-~ ) ,1, /~.. ~ ~ s.::..,-....;J .....,.;,-~- L.. ,;,p"i- s.. . '. V" ~ ; ,',AVC(lMM r.~X"lRES ~ i ~ JUlY?i 2(110 : 5' %. . .hr,fj5'i1!885 :" S ~tP",'. G/~$ ~ ...\. -". P \ \. .. ^' $ ~ '-0 .' J' -' .. ,-v ~ .. "- ...,...... <1.' ..- ....I: ,"~ 0\'-# ~f .. 0/': C\' ~..", "r'l~_ ~ - r \..- \\\\'" '''flllll_lllln''''-' Sigl Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~, Colleen Greene Assistant County Attorney ......:' 3 10 B EXHIBIT "A" LEGAL DESCRIPTION Lot 132, 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 3791 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $] 5,246.26 4 Return to INSTR 4368927 OR 4514 PG 2816 "0 B RECORDED 12/3/2009 1029 AM PAG~ DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey HHS 3301 E Tamiamj Trail :"Japles, FL 34112 File# 10-031-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fitieen Thousand Two Hundred Fortv Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fces and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreemcnt shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or thc unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the otlicial 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 C6UNTY, FLORIDA I,{/ 1/, ,r"'n'-;n.-<,. '1iJlS1/2009 , DONNA FIALA, Chairman By: Attest.... te .."... , .t".....I' ' 2 WITNESSES: ~-Z- Print Name: fUr c I( ! r! 0 ,;:tlcJ Jen:;:.: )Jf' ~M Pfint Name:, -p -\~()e I-v\ , 108 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6 day of ()C f , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced _ as identification. "-- [NOT AJ~J.\J''''~fAL] ~........"\\u fi., H, Ii/'I",....I: #'-J'~ ..,.u..~ ITh ~'" ~ ."0 1 ~. 'r. ~ $" ...1"1' A h ..0 ~ t. ""......, . ...'-. ,rr;. r' i.::..::. : "'7'" o. Y"~ ~ :. Myr,OMM,EXPIRE$'~ i g : .JULnU01f! : s ~ .':. No OU5788t!,5 : i ~ . A .. s \ \f>.A....., U B ,\ ':.....~"I -..,.;1~OF'f~O~# ~1'1.1"''''''' Approved as to form and legal sufficiency: ~~ Colleen Greene Assistant County Attorney )01 urJi-#L@eY(,e-r2: Print Name of Notary Public Recommended Approval: ~/ ',1/~ '-( Marcy Krumbme Director - Housing and Human Services 3 lOb EXHIBIT" A" LEGAL DESCRIPTION Lot 67, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 7l through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3792 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $15,246.26 4 Return to INSTR 4368928 OR 4514 PG 2820 '0 B RECORDED 12/3/2009 1029 AM PAGES"& DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey IIIIS 3301 E Tamiami Trail Naplcs, FL 34112 FiIe# 10-032-1F This space for rccordillg LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/1 00 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I lOB 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 nccessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect thc impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees arc then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgmcnts calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residcnts, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the solc agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the oflicial 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 ~UNTY, FLORIDA II,.' i , , ' ~.. ;..,// . . ,I 'J By: [ih-...,..>.",-. 'Y['12f~1!2009 DONNA FIALA, Chairman RY~~ a....___ .... ...., Dep y Clerk --as te ....... ItlNtlll"t. .... ..' 2 WITNESSES: ~:?2 Print Name: rUle Ie [<n~d-)A fYt'6 lOB ounty, Inc ~ t>" STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ! 6 day of Oc./ 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personall~kno~E..!2Jne or has produced as identilication. ~_._.- [NOTARIAL SEAL] \\\\\,IlIllIflII""'I/. ~,'\\\' '0 ~ H, /ii"''''''1: $'~~ ..:.~.~ t9~~... 1;-... ....:.(1 \' A~..... ~ ....:::;::' ,- -~ ) . -r '" s.. -'. V 'a ~ :. M'{ r.OMM_ EXPIRES ~ i ; : JUL'f27.201O : 5 i ~ Nnii:J57!1B85 : ~ \, ,^~." ~'.. E - v', . "(; v' "".. '\ ~ ..0 R L \ ...~' $ " ,)0,......._...... <>." #' ....>!'/~ <y OF F\..O"\......~ ~"'I.IIIIII"\\~ Approved as to form and legal sufficiency: ~~ Colleen Greenc' Assistant County Attorney iL g f1_i"IZV~ Print Name of Notary Public Recommended Approval: -M~ Director - Housing and Human Services ; .....p 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 65, 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 3784 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $][6.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $15,246.26 4 Return to INSTR 4368929 OR 4514 PG 2824 lOB RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey HHS 3301 E: Tamiamj Trail Naplcs. FL 34112 File# 10-033-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as thc "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 Agrecment, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that thc deferred impact fees are then in default and immediately due and payable. The COUNTY shall be cntitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deterred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. B~: BOARD OF COUNTY COMMISSIONERS COLLIER poUNTY, FLORIDA Iii ^ l/ . ... <; By: /-h-7-7V" -<1'-mo 1/2009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clerk ~. W..~. Itlldll"t. 411!t~J~'~ 2 lOB WITNESSES: fl~~ Print ame: ~ ' _,?:10~t:: ~\ I ~- Print Name: /1..// C;( /1r')':.I64~ BY: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /0' day of Dc;:- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who ..is personally known to ~or has produced. as identification. ,\,,"U'III'IIIII' ~..,'\\\.\\~~ H, H/"'..'....... ~ t>.~ ....~... IIL':J ~~"" *v ..1 .. .~~ .i~ .,-:0 Ai( .... '9\ i~:~ )-.'17\ ~ l MY r.DMM. EXPIRES ~ ~ ~ ~ 11lLV 2l. 2010 i ~ ;. .. 1,IO:)D519f185 : $ \. cS>.)-.....;'r: B \..\ ~./^"<l -:,....~.. ..' ''-'''' ~1>T -'--... ~~$ ",....., OF f\..O~~..,,,, '''''''ht'ffI.IIII''''''~ [NOTARIAL SEAL] ~ /~tIL_ 11 ~/~/~j~ Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~o~~_ Colleen Greene Assistant County Attorney k:t/-A -.: ./Marcy Krumbine Director - Housing and Human Services 3 10 B1 EXHIBIT "A" LEGAL DESCRIPTION Lot 71, 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 3814 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOT AL IMP ACT FEES $15,246.26 4 Return to INSTR 4368930 OR 4514 PG 2828 lOB RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 Frank Ramsey HHS 3301 E Tamiamj Trail Naples, FL 34112 File# 10-034- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description ofthc dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fecs are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 10 B mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lcssee, 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 rcquirements, COUNTY shall record any necessary documentation evidcncing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its solc option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory ratc for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will bc verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agrecment, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agrcement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in thc 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: DWIGHTE. BROOK,Clerk By: MteIt . c. a..t'rIIIIII st..*". ~f. BOARD OF COUNTY COMMISSIONERS COLLI~rOUNTY, FLORIDA I f / /; ^ ;1., ..._" __ ~ A ,1/ ',' , u' -" "'l~I/2009 I DONNA FIALA, Chairman By: 2 ~,?-----" Print Name: j)) I t !( . 1< C! (I /rA e"l'q / STATE OF FLORIDA COUNTY OF COLLIER Thc forgoing instrument was acknowledged before me this _ /6 day of C7c 1-. , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced. as identification. WITNESSES: ~.c:.------- Print Name: flJl t Ie /( <5 {j /r.J4 e~C; / lOB DEVELOPER: Habitat"fu;~. an' BY:/~ / Samuel J u 0, Presiderr CEO STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6' day of cJc L- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. [NOT~~t,)J.,,,~EAL] ~,,,"""ntl,Ji U'I"""I: ~.. "'\'V< r7l:~ iI'~ *;t'-" .."...~'T~ ~ !~ ,..:~o 1 A ~>_. q~ s ... ", 17~ S : MVr.OMM EXPIRES ~ i 5: ,JULY?U()l'l : i i ~. Nonr~'i7a8P,5 : S \(]1\/.l...'./ i ~ P', I;".,C. ~" ~ ""Y~..." nt,' ... ^ , ~ ..._..... ~.v # " a '" ~...!" OF -\ I ~...", ""'111 '. r\.. ~\"\,,, IIJfI"'IIIII11lI\\ Approved as to form and legal sufficiency: ~~~Q Colleen Greene Assistant County Attorney Sig -ff.--./ otary Public ~ 1(~dtAetYc?/'~ Print Name of Notary Public Recommended Approval: ~Lb;;' d~ ~ Director - Housing and Human Services 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 69, 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 3800 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fec Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246,26 4 Return to INSTR 4368931 OR 4514 PG 2832 108 RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 I;rank Ramsey III1S 3301 E Tamiami Trail ~aplcs, FL 34112 File# 10-035-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the rcccipt and suf1iciency of which is mutually acknowledged, the Parties agrec 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 COlmty Consolidated Impact Fee Ordinance" (Ordinance). In the event of any cont1ict 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 tcrm of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certiticate of occupancy for thc dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/100 Dollars ($15246.26). 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-compliancc with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its solc option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on filc at the office of Housing and Human Scrvices. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for atTordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penaltics. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Attest: DWIGHT E. BROCK,.Clerk AtteM I' to _ , 11Oftlt--.'oftj.. , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIE~OUNTY, FLORIDA II; ., By: (tJ->?r>k' <:{ 1'2f01/2009 DONNA FIALA, Chairman 2 '" lOB WITNESSES: ~-- Print Name: Il);cl<: /1cJQ!:')r'I'i:/J IJ Q :e. e ~.(,t' J.. j Prirft Name: -=npp Vvoe j, 1 \ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /,5 day of Ck I 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. , ~.~l~~",~EAL] ,. -\v <et:>?' ~ ~ 'r'.'\~ ".".'.",."1, ~ ;:t '." ,"{ '\ ". '.t'\. ~ $~ ,. \r f.l .....::P~ l;;:l .: ' 1.." -p \. ~ : l\.!Y~liMM,tXPlHt~ .':, '% ! : JULypWll : is S ~;. No i)[}S78fle': .-: ; ;'.t\ \ I.> G.. Il:'?";:: "'\.,/')., fiR' \ . ^' G ~ /..;, "..'-' 0" ,-""...;'\::1$ ~ y ^' '.~"......~. <'1..' #' ~ 't;. O'~ ~"''''J'' OF F\..: \\\,........ '1llf:l'II.'ltlll''''U\ y{)/~/ UeA'(~V-- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~>>O~~~_ Colleen Greene Assistant County Attorney L~~' Director - Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 135, 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 3803 Justice Circle, Immokalce, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $15,246.26 4 Return to INSTR 4368932 OR 4514 PG 2836 108 RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey IIIIS 33111 E Tamiamj Trail J\'aples, FL34112 File# 10-036-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The Icgal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites), 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/1 00 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in thc event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I 108 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tcnant, mortgagee, or other person, except that this lien shall bc on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its solc option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Serviccs. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of defcrrcd impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the oflicial 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 BY~' , .', , Depu y Clerk Attest, ..to CM~ . S1g..",..' BOARD OF COUNTY COMMISSIONERS COLLIERAOUNTY, FLORIDA I f I J /1 {/i/..,..~~_,. ,- "I, Lf t~ By: f" , --' .."" "'''12111'1/2009 DONNA FIALA, Chairman 2 lOB WITNESSES: c/~ Print Name: IIJ r/( /<0L40/>~'/l:/<;, BY: jjR,l ~,fyt Print ame:, ?C'- i)l!1w h~ ( STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / (" day of ()C' f 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification~ [NOT 1\I.YA~,~,EAL] ~""'''\\\\jp.. H H"II",,,,. .~ t-..~\ ~....."~ tt9r. ~ ~ Y"" .' . ". "T. ~ ~ <3v ~.,: 0" '" ~ "'. ~ '\ $ '-" . ,. !-,".. -"r 0:. ... -. ~ " . 1" ~ l f MY r;OMM EXPIRES ~ i ! : .jULV:'U01lJ : = -; ... Nn0057888~ .: 1 ;, " /> ,.. s '\ tP.A .... U E~ L \ ~.... ^"< I ......~" ' " 'v" .~ 7 '~""".... C'l.' * ....../. ~\ O'~...... :.1'...., ,"\,.> ~..,,, ,~ .:,...,"'\"~ ~ \!ollMlfl;ril et/eA:- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~~ Director - Housing and Human Services ~ Colleen Greene Assistant County Attorney 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 129, 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 3779 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fce Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $15,246,26 4 Return to INSTR 4368933 OR 4514 PG 2840 lOB RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 Frank Ramsey III1S 3301 E Tamiami Trail Naples, FL 34112 FiIe# 1O-037-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/1 00 Dollars ($15.246.26). 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 thc dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 108 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten pcrcent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E: BROCK, Clerk ~ at w'-' .f"ltliN ...", BOARD OF COUNTY COMMISSIONERS COLLIER CnUNTY, FLORIDA / ' . i I ,. f; / / .'" >, \(rJ "?-n-A.-. c;';,'/fltMt2009 ! DONNA FIALA, Chairman By: 2 lOB WITNESSES: .~:c Print Name: /l/~'c,e I{'Ocub,1~ u; ii ' ^ I R. If) l- L/( Print ~ame:' ~i()(J I-\.,~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this 4 day of tJc-f-- ' 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me .or has produced as identification. [NOTARIAL SEAL] \\,\lI1I1"'U'''''fl. ~.......""""\\ ~ \) A N, ;;,..,........... # '\~, ........., (<"-.0 ~ ~ <0 .~ [' T '. 'T.L\ ~ ~~- .~_\'L},.4 /.. ~r: ~ :: . "" ''')-1. ~~ ! ... ~J- .1.\ '::J3 'i :: . rco,""'Mf:'" ..,..,:: ::: --XP,J")E~ . r - = . JULVn 2n"~: :: = : ill.1'" .,/() : : ; (fl ~ o...[JS78885 .. ~ 'S,:.A". ~/_ ;.4 i \ 1"1:-....'.,' Fl r \ \...., ... ~ i ~ . - ,-' .. ^" ~"I: .~....~.... ('}\V to'" "',,,, Or:c\ O'\'" ~,,, "'hi.._ _ '- :.,\\\,,, ""'''',>io;''l..t\\\\ ~ ~A'l !bA-Jle/nzr~ Print ame of Notary Publ1c Approved as to form and legal sufficiency: Recommended Approval: C~~ Colleen Greene Assistant County Attorney /,,~ ~ Director - Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 131, 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 3787 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $1 l6.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $ I ,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMP ACT FEES $15,246,26 4 Return to INSTR 4368934 OR 4514 PG 2844 RECORDED 12/3/2009 1029 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 lOB Frank Ramsey III1S 3301 E Tamiami Trail Naples. FL 34112 File# 10-038-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the cvcnt of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fccs deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fitieen Thousand Two Hundred Fortv Six and 26/1 00 Dollars ($15,246.26). 5. The deferrcd impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not curcd within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its solc option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that thc deferred impact fees are then in default and immcdiately 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 Agrecment, plus interest at the then maximum statutory ratc for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Iluman Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for aflordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of thc 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: DWIGHTE: BRQCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLlE~ WUNTY, FLORIDA I' ! A Ii/I.... .' .. By: ." n--,"'4I,j :Y2/01/2009 DONNA FIALA, Chairman '---'. ~ By:V~.. , ....... - , Deputy Clerk Mt,lQ.lIt . tt- . .1...... ..,. ' 2 lOB WITNESSES: c:-- /;2---- Print Name: fUr (' K I< cYrA 1,;),,1 <"rd.<; DEVELOPER: Habitat for . r County, Inc p,j)~ff1~I~~ h~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /1 day of CJC I- 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to mJ< or has produced as identification. [NOTARIAL SEAL] ~\,\lIIIIIII"""" ~""\.'\\\~,Q ,I!i. H, ;;'..,..,....~ ~ ,~,MO".'... t'~ ~ I ~c::, ....~. (J r Jl~'.._ ~ \ f ..., /-...~\ :: . IW\'UI,\fI. "x" . ~ -: ::. WI. c. "'IRE . Y = = : JUlY,?,,, S: = = " N - -.', '-',oil) . = i ," \ r, ()tl_~78885 .: S ~ V', . /) .:: \.....\ ", (/ C'" i ",l'A ....81\.... ",'?'$ '-1::(-' ."'..... <1\V ~ '-Pc' Fl-O"'..-,'" ~'~"''''''Ill"n''''\'\' o JiU/V'e-- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: b:b~ Director - Housing and Human Services ~- Colleen Greene Assistant County Attorney 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 133, Liberty Landing, according to the plat thcreof. as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3795 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fcc $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOT AL IMP ACT FEES $15,246,26 4 Return to INSTR 4368958 OR 4514 PG 2902 lOB RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 Frank Ramsey III1S 3301 E Tamiami Trail :"laples. FL 34112 FiIe# 1O-039-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/IOO Dollars ($l4,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may. at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER wil1 sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT'E. BROC[(, Clerk BY~' BOARD OF COUNTY COMMISSIONERS COLLIE~COUNTY, FLORIDA /' ! , , I' , By: ^/:',,"'>7"""/'12/01/2009 D'ONNA FIALA, Chairman 2 lOB DEVELOPER: Ha~~at.Jor Hum~ty of Collier County, Inc. BY: ,r;~' SamuelJ. ~o, ~,[). President WITNESSES: ~~. P;i~~cK \<(J(\ ln~eYCi-5 !~ Nem~r- STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this a. '5 day of CeJ. ) 2009, by Samuel J. Durso, ~.[). as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced ..4 /7'J ide~tion.- [NOTARIA,,{;.liJMl.tJ,.. ij~ ~ , TR" '., S" fN P bl' f ", ". <oJ'~ 19nature 0 otary u tC ~~ O~ ....... 0 ~, .$'" ...~"( f., ~ ~ .'A..,'r- .~q,c:", ~ -=-:[ ..0 <<.,"\.'\:i.~,~. "':. =<:~ ~. "t: ~~ :Q= =a:.. t".r::,~~~Q);.~~~ '_~ - .. v~.....~ . te- :::0. ~..\ ~^(J ~'o::: --:-t.' 't-~ '.J ~. .. ~ 'oO ~~' \.'Qj..',>,~ ~ ..... ?\,;~....~ ..., ......'i\ 0<< " "',," ST^i~ "", 'l'I"lttltnl\\\\ ~(J(mC\ L T Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: f~~ Colleen Greene . Assistant County Attomey I I i, '-tj--~-J . MArcy Krumbi e Director -- Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot I, Regal Acres, according to the plat thereof: as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10231 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 1. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Return to INSTR 4368959 OR 4514 PG 2906 RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 108 Frank Ramsey IIIIS 3301 E Tamiamj Trail Naples, FL 34112 File# 10-040-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entcred into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collcctively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration. the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling wlit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/1 00 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fces nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first lOB " mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the cvent the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten pcrcent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fces 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 calcndar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein. and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. By: Attest u to C"-tnMIl ~lQRltwr.,Ill'I" BOARD OF COUNTY COMMISSIONERS COLLIEr;cOUNTY, FLORIDA I, / I ' I f\!.,""""",~",-#l'.._ By: 12/01/2009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clerk 2 DEVELOPER: Habitat for Hu~~y of Collier County, Inc. By. /~?~ j' , S muel J. rso, M.D. President WITNESSES: ~~ Print Name: (\J\CK \<n(,\{)~eYQs c---- lOB STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ (5 day of Cc,t- j 2009, by Samuel 1. Durso, M.D, as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification.- 1 ~/ ~g;( [NOT ARIAh,ll~I}.L] \\\\ "'11. ",,\ \...ORA. "'~/'''' ,'.... ...... '7~ '... ~_~t. .s"('p..Rl' "'. '''v '=' $~..O ." 0\ ~~:~ 'te'''.'' $0: ~,~'I.9\ Q ~ :: =z. lI>1CQt<I t9 to' . - : : ~~uS\O .:.9a~~' : _ E -.. ~ 'oJ .. .:"Ilo.. -::. .. "0. ,.." Q~ ~.. \v. s.... ~ "'.. pue~...OQf-.$ ~ ~):.......~\; ~...... "',,4 IE Of \\,,,,, 1IIIIIffl11l\\\ Approved as to form and legal sufficiency: ~~ Colleen Greene Assistant County Attorney S' I'J(Ji,/Y1(,.L L- T Print Name of Notary Public Recommended Approval: d~ --P Director - Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 2, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, ofthe Public Records of Collier County, Florida STREET ADDRESS 10235 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 1. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Return to INSTR 4368960 OR 4514 PG 2910 RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 lOB Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 10-041-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100'10 OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I" day of December, 2009, between Collier County, a political subdivision of thc Statc of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, l<)f good and valuable consideration, the rcceipt and sufficiency of which is mutually acknowledgcd, the Parties agrcc as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinanccs 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. Thc legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/I00 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agrcement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first lOB 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 Agrcement's requirements, COUNTY shall record any necessary documentation cvidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fce amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fecs are then in default and immediately due and payable. The COUNTY shall be entitlcd to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the oflice of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicablc interest and penalties. 8. This Agreemcnt is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of thc County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. By: Alt\.. . ....*- . 119NtW-t. ...' BOARD OF COUNTY COMMISSIONERS COLLIEYOUNTY, FLORIDA Iii . By: ^-J~>?~.. .' .1 'Ii!/01/2009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clerk 2 DEVELOPER: HaQitlrt'for Huma' of Collier County, Inc, /.~ r' / //?: /~- ./ ,- .--,/ D ,/~ /",,:< /,;;:;::' ~.- /' Samuel J. Dutso, MD. President BY: WITNESSES: ~- Print Name: (\)\CK \<()(,loheY4-5 ~ lOB STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ell$' day of CeJ. ) 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification,- [NOT ARIA...~~J\f,'1i.'", ..." to.. LOA,q.. ''''''- ...'~r...... "',,^iJ', ~9: .~O"ARj.J.."~~ ~o.. -. ",0;. ::~. .0'" =- : My Camm. Explrl. :, ~ = : Augu.t 29, 2010 .v. ~ ~ No. 00 590338 : '=' .. .~ ~. . ~dl~ -. Pue\..\;~~ .0;.; ...,,...:.,..... u:. "",; <: OF l'\!..... 11",,,,,,,._ Approved as to form and legal sufficiency: ~~ Colleen Greene Assistant County Attorney ~t~//r:o/ Ignature of Notary ~ rid 1/1-1U'- 1 T ~ Print ame of Notary PublIc Recommended Approval: Jl d?- ---' rcy Krumbine irector - Housing and Human Services 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 3, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10239 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Return to INSTR4368961 OR4514 PG2914 lOB RECORDED 12/3/2009 1051 AM PAGES 4 '. DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey HilS 3301 E Tamiami Trail Naples, FL 34112 File# 10-042-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 s[ day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: l. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any cont1ict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/100 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I 10 B mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days atter written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are thcn in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the dcveloper fails to comply with the terms of the agreement, or the unit ceases to be utilized for afTordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immcdiately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon thc DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk By: ,. Alust I' to ....... , Il,..tMr,e 01,. . BOARD OF COUNTY COMMISSIONERS COLLIERtJOUNTY, FLORIDA Ii i I j i ,.-' ^ }, .' . .' By: I'''r.v>-,,,,- 4'-f1;{)1!2009 DONNA FIALA, Chairman 2 lOB DEVELOPER: ~.b'~,.~r; .'. ,~~~ollier County, Inc. ,~. ,;;./:j:;~;~~-' BY: ,/ --;-7 u._-:;? "'>" -", . Samuel J. Duryf: M.D. President WITNESSES: ~-' Print Name: {\j let( '<nt, l{)~en"5 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ().. 'is day of OD~' } 2009, by Samuel 1. Durso, M.D, as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced ~as identification.-. - ? // of [NOT A~~~fi,f'L] , ;-.-LkJ ","\'\..ORA..,."'"" nature of Notary Public ...'\_"-.:""'- .. '" L-> ~ .:- ~-T~''1'A.Ry..''T~''-:,. ""~.~o ',vo:, So: . ",,0-: :: <: . t:~:p\Tes " :. = : lM Coft\(l\, "010: : - . ,,,nu'\ 29. ' . '" ;. ~ rw., 0 S9fj338: .fA -:. . ~o.O .~c ~" CJ..o ~ ;: ~ ISle., pue\..\'.. ~~.... -:"1: ~;.;.... '~\..O,,\,... '" (t: OF ,. ,,\\ /1/'/'111111\\\\ !1 J(]//m~ t- t Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: j~~~JJ-~ ~ Marcy Krumbine ' Director - Housing and Human Services ~~ Colleen Greene Assistant County Attorney 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 4, Regal Acres, according to the plat thereof: as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10243 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOT AL IMP ACT FEES $14,591.26 4 Return to INSTR 4368962 OR 4514 PG 2918 lOB RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey II liS 3301 E Tamiami Trail Naples, FL 34112 FiIe# 10-043- IF This span' for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS I This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling wlit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless thc dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/1 00 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recovcr all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordablc housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. By: BOARD OF COUNTY COMMISSIONERS COLLIER WUNTY, FLORIDA ,! I / ; .. ! / i,;/:7"__').-----;:~"'''''''. _ t /; "":?t~1/2009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clerk By: Attut.., ..t. ___ ".--' OIl." 2 108 DEVELOPER: Habita HumanityJf Collier County, Inc. BY: /';/#~~~ p/ Samuel J. Du ; M.D. President WITNESSES: ~~' PrintName: (\J\cK \\nl,\ohe'(45 o STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this a. 3 day of Cc\- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced _ as identification.- ) -?/ /' ~, [NOT ~~W~P.L.J ...,,~~~ ~.,,~"l'~ ~.r~ $~-....~o"f~Ry... ~~ .::: ~-.,- . v... ~O" .. 0':. : <': ~I Comm. Expires" S - . MV 110'0:.... = . AuguS\29, , . ::: ;. ':. No 00590338... .s ;, -.' .' ~ /$ ~ d\:". pua\..;'?'~~~ ""'-";:' ..... Q'-...... """ ?e OF ~\":,\\,, 11111'1111'''\\\ ~ ,4?/ff//f Signature of Notary ublic N()I/1{t{ ~,-?- - ];.d/u Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~ Colleen Greene Assistant County Attorney ~ , h--~ arcy Krumbine Director - Housing and Human Services ---I' 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 5, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10247 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOT AL IMPACT FEES $14,591.26 4 Return to INSTR 4368963 OR 4514 PG 2922 . U' !"j RECORDI=D 12/3/2009 1051 AM PAGES 4" &,;. DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.:50 Frank Ramsey III1S 3301 E Tamiami Trail Naples, FL 34112 File# 10-044- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December. 2009, betwecn Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufliciency 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 Agrcement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/100 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on thc property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon thc recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fecs and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten pcrcent (10%) of the total impact fcc imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate lor judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized lor affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the ot1icial 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. By: ~ttntlt ,t4) eN fnIM 119Mtln-o... BOARD OF COUNTY COMMISSIONERS COLLlEI1"COUNTY, FLORIDA ;' I / ./ By: Ill:.,.'"....., .1:-;;-'12/01/2009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clcrk 2 lOB BY: DEVELOPER: Habit~Hul!!JIDi97of Collier County, Inc. ~::2;/:/ c:Y / /~ ./- "/,~ ,;~~ /~~h- . Samuel 1. Dur , M.D. President WITNESSES: ~ PrintName: (\hcK \<()(,\t'JIW'(45 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ '6 day of cd- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is ~~:::::o::t:]me or has produced /~) /l?/'# /~~ntifi~ - Sigllature of Notary Public \\\\UIU""ll ,...,,\';.,.. LORA.. ~'''''J', ,,~ ....... '.A...... ~9.: .\\O"A,q~".;~~ ~O.. ..,V"~ ...~. -0- : : My Comm. Expires.. :a :: : August 29. 2010: :: ~ ~ No. 00 590338': ~ ~ ., . :'r~ ~d\..... PUB\..\v...S$ ""..'4":"'.. Cl.' o~~" "1,; t: OF f\": \\\\~ III'"ltl1'\\\' Approved as to form and legal sufficiency: ^)OIffU:~ L T Print Name of Notary Public Recommended Approval: ~~ Colleen Greene Assistant County Attorney , A--..-J arc Krumbine Director - Housing and Human Services 3 lOB 4 EXHIBIT "A" LEGAL DESCRIPTION Lot 6, Regal Acres, according to the plat thereof; as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10251 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $lI6.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 l. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Return to INSTR 4368964 OR 4514 PG 2926 1 0 ii RECORDED 12/3/2009 10.51 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 FiIe# 10-045-IF This spare for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuahle consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and thc impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/I00 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the cvent of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. B~ Attest, II to CIIt ~ .flll"'I....",.,.i' ' , Deputy Clerk . BOARD OF COUNTY COMMISSIONERS COLLIER <x>UNTY, FLORIDA /: By: /, I /t:'t~:;~}Jj2009 DONNA FIALA, Chairman Attest: "1,,-, DWIGIU E. BROCK, Clerk 2 DEVELOPER: Ha~~~a....... of Collier County, Inc. ,<~ /.~. --/ BY: L/c;/;$~Cc"~ Samuel J, OOrso, M.D. President WITNESSES: ~ Print Name: l\h:::K \<()cdoheY4.5 ~~ Pri a e: YOI~ t1 Of/f2f~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this a. (5 day of cd.. ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced.. as id~ntification.- ~, /' ~ / j A:v~.-r :4/ ~1" -.. ~ure of Notary Public [NOTARIAL SEAL] \,\,,,1111111/1/ ........'\\ LORA.. '''~,;.. ~ -"'?-- ....... l'L\'''' $<(-~~a.J..O-rAAy...;~~ ~O.. ..v~ .:...., E ' s,o", :: <:. .. My Comm. xplre. :: ~ : August 29, 2010: :: " . "" 00 590338: ::: ~ .. \1'" . ~ ~ ~t) .. ~!1 ~tP...""~. .PUB\..\~.ft.~~~ ;. r."~~<i... Q"r.,.. """Ij,r~ Or ,\.:,\\" "'flfm\'\\\ -l'\J (\ (IY\U C T Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: L,-D ^ ~~ Colleen Green6 Assistant County Attorney a y Krumbine Director - Housing and Human Services lOB 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 7, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10255 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Return to INSTR 4368965 OR 4514 PG 2930 RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 108 hank Ramsey HHS 3301 E Tamiami Trail Naples, FL34112 FiIe# 10-046- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Partics agree as follows: I. This Lien Agrecment is made pursuant to Chapter 74 of the Codc of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of thc impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly defcrred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/100 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first lOB 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 Agrcement's requirements, COUNTY shall record any necessary documentation cvidencing samc, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days afler written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitlcd to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S succcssors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and ycar first above written. By: Att.st.. W .~ S1gqt.-.OtI,. . t ., ' BOARD OF COUNTY COMMISSIONERS COLLIEf<JCOUNTY, FLORIDA Iii A. Ii . By: l>"'~?'n... ,,: (,t2/0Il2009 I . DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clerk 2 lOB DEVELOPER: Habitat f?rHum~ni~ 'oilier County, Jnc, ~ ~;: ,/ .-.; ,:: --- ;:/~::?? / ~ ~----~- BY: / Y C'/ c_c:; .--samuel J, D so, M.D. President WITNESSES: ~ Print Name: (\'lI<:K \<(jcdnheY4.5 r~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3' day of Cc,t- ) 2009, by Samuell Durso, M.D, as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification.- (/C);/ //";? // hp~ ./;;h~ ....... - SIgnature of Notary Public [NOTARIAL SEAL] \\"nuiu"'1: ,,-,\\\ po.. LOA "'i~.. ~'n..~ (l~."'. ..q..)- -",10.", SO'-..~OTA.qj.!..~ ~ S~.. ..\<'-;. ... . .e:,....... =: : My Comm. Expires: 0 = :: : AugUSI29,2010: ;; 'S -. No. DO 590338. S ,. . . "' -=- \P . .- .:- ~ r ...'OUB\...\~.. ~"r $ '~""X''1...' ~'" ~ "';'f~ OF FLO \\\,..., "'UII..'''''\ ?~i ' !VoMl~ ' l T Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: r~~ Colleen Greene ' Assistant County Attorney ~~ --P 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 8, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 1 0259 Kingdom Court, Naples, Florida 34] 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 1. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $14,591.26 4 Return to INSTR 4368966 OR 4514 PG 2934 10ft RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey HilS 3301 E Tamiami Trail Naples, FL 34112 FiIe# 10-047-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 151 day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as thc "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Partics agrce as follows: I. This Lien Agreement is made pursuant to Chapter 74 of thc Code of Laws and Ordinances of Collier County. Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/I 00 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to tcn percent (l 0%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penaltics. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. B~~ ___ . . '. .. , De ty Clerk ......... U to .. st9l'lt....' ." .;, BOARD OF COUNTY COMMISSIONERS COLLIER t<;OUNTY, FLORlDA I.r! , , : 1/ " ~,- -~ l', /:~'<:._~_;l").-(' .I j{' (~ By: ...., ., -12/D 1/2009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clerk 2 lOB DEVELOPER: Hab~~~\.tY7~ollier County, Inc. ~~;/-;~~ /0 /<;"?;;J:;;~p1~;;~/ ./ /, ,.. .' /?/~ / /" BY: //~ L-/ L...- . /' _ ' ./'SamueI J. Dur .D, President WITNESSES: ~,. Print Name: (\J Ie\( \<()(" \oheYCt5 fPj~ , f J Pri ame: '1D)~./A _ d:1PA"/(2fr' STATE OF FLORlDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3' day of Cc~, ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification.- .., /) / /" / ,'. 'A ~ /'./ (<~;:~nr ,-ct:z: Signature of Notary Public [NOT ARIAL\:luJs~" \\ III. :0..,...' ~~ lOA if", $-O<<'..;rOTA- ..-<1_>-"~ ~~.. 1fJ!..--S>.~" S :M ...~~ = . YComm 0 . . <--:: = . Aug . qprres ~ 0= =: Ust 29, 20tO: ;: -; -. No. DO 59Q338." E ;~.. ~ .- ~ ~ ""l~..lJBlI(j..."",. .$ ..." :.(;:>' -..,... ~v...' "'~I"" OF FLO<(\\\.\''''' '1II1ollnU'\ -:4? IV OJ'n.... { .r. Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene ' Assistant County Attorney ~ 1 -----J arcy Krumbine Director - Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 9, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10263 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Return to INSTR 4368967 OR 4514 PG 2938' 0 B RECORDED 12/3/2009 1051 AM PAGES 4 , DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey IIHS 3301 E Tamiami Trail Naples, FL 34112 File# 10-048-IF This spare for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I sl day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/100 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 10 B mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the offIce of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for afIordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be rccorded 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. B~~ ....;....... \lIi- ' "P",,' ;,k 119llltwt .i'. . , BOARD OF COUNTY COMMISSIONERS COLLIEo/tOUNTY, FLORIDA /, / Ii .,; 1\), ..i~'}":}'-'l..# , . ,/ -ct /-,./ By: i -- .- 1'270 l/2009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK. Clerk I.' . 2 DEVELOPER: Habi~Iiu~~t-Collier County, Inc. ~//::~ ~ BY: :/;?;~,..~~~~ -Samuel J. D~. . President WITNESSES: ~-- Print Name: ('(licK '<nt, \()heY45 lOB STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of Oc\- j 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification.- /7 / ~/ ,//~/ h~: ~~, '/A'H Signature of Notary Puf;lic [NOTARIAL ~l.'ri\lr~ ,,",\.\\~ LOA II"",#. ~ n..~ ........ ...q~)- "" .$"O'...~OTAIij.!. ~ ~ ~~.. ..~~ .:: : M e. (,..o>=' = . Y Comm. Expires: 0 -: = : August 29 2010. = S ~ No. DO 590338 : ; -; eo .: ~ -;(j'>~ "'..,oUSL\G,.. ~"f'S ...'-,X....... 4"'\. ~ '1 ~_t:- O"~ ,,-' "'1/ OF FL: ,\\... "'lIln,"'\' , IU />}7a. { 7_ Print Name of Notary Public Approved as to fonn and legal sufficiency: Recommended Approval: ~~, ~~ Colleen Greene - Assistant County Attorney ~;.- ----..( Director - Housing and Human Services 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 10, Regal Acres, according to the plat thereof~ as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10267 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.6l C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 1. Sewer Impact Fee $3,495.00 TOT AL IMPACT FEES $14,591.26 4 Return to In>'' INSTR 4368968 OR 4514 PG 2942 . RECORDED 12/3/2009 1051 AM PAGES 4 . U U DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey HHS 3301 E Tamiamj Trail Naples, FL 34112 FiIe# 10-049-IF This spaee for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Partics." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for thc dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fecs is Fourteen Thousand Five Hundred Ninetv One and 26/1 00 Dollars ($14.591.26). 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-compliancc with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 10 B mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (l0%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that thc 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 calcndar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and I'luman Services. If the developer fails to comply with the terms of the agreement, or thc unit ceases to be utilized for afTordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clcrk BOARD OF COUNTY COMMISSIONERS COLLIER, ~UNTY, FLORIDA (,' ll/' By: '("">-''''-', ,.' ::?r~l/2009 DONNA FIALA, Chairman Attest as toal.~ , 11gqt..., ot,~ ',0" 2 so, M.D. WITNESSES: ~ PrintName: (\)\CK \< ()(dnlw '(45 lOB STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3' day of Cc~, j 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification.- ,~~#r /~ Stg-nature of Notary Public [NOTARIAL SPA 1.1 \,,\\\mnfl'l>>/I/ ,,,,'" <"1.W\^ LO 1./...",.- "O,,\"' ."'.~ L-o <1' ~~..... ...NO'l>>.e;T"'9 ..... ~ ",. 'ifth- ....,,--: :::.- "7).--.."" '-::. ::: . "'.C . -:P" - . .T 0'" .. ...c'\ ';'~ = .. r1it '""', c. . \H_ E: : M 'fillS! R9 .f1JirOS: c:....: :Cf.l:" 0, DD59' 2010 : 0 t -=-:;..l... '^ 033.8' :: ~"y.......v: .... ~",'}-.#..~~~<i....~ ~-. '"0,, ~LO"'~\;) "" II, r- ro \\\: 1I"UIUU\\ No CiJ1V- iT Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene Assistant County Attorney ~., l..- L -....P arcy Krumbine Director - Housing and Human Services 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot I I, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90. inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 1027l Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $l90.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 .I. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Return to INSTR 4368969 OR 4514 PG 2946 lOB RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 Frank Ramsey III1S 3301 E Tamiami Trail ~aplcs, FL 34112 FiIe# 10-050- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 1 This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/1 00 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be forecloscd upon in the event of non-compliancc with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I 10 B 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 tix County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidcncing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fec amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be veri tied, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for atIordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the ofticial records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. B~ y... . M~.'.. W dle~, .t~ Ol!'~ . / BOARD OF COUNTY COMMISSIONERS COLLIER ~UNTY, FLORIDA , . if: J f. " ,f By: 'f '."7',"( 'I 12Y01/2009 DONNA FIALA, Chairman Attest: DWIGHT E, BROCK, Clerk 2 ::VELO:p~~C,"""[" /Samuel J. Dur , M.D. President WI1NESSES: ~----. Print Name: (\lIcK \<(')cdohl"(45 lOB STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this i).. '6 day of cd- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification.- /) ~d/4 ~~/I Sij(nature of Notary Public [NOT ARI{M..lilif,;L] ,\\\ "" ...,\'\ ~ LORA.. ~'?'''' ,...~ .CI.... ,-""..., ~~ .~O"TAFI~..;\.(;\<::. $0.- -.v-;' ...~. .0.... =- : My Comm. Expires.. :. ;: : August 29, 2010: :: 'S. .. No. DO 590338: S "" .. .. ... '\.. v ..^"'.~ -:. tJ"!I.. ., PUB\..\: .. ~" "",'..~ ...... ..- O~ ~~ "',,:"Ii' OF ~\,: ,.....,.,. III" II tI 1\'\\\ Ntf/ /J7d (- r Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approv.aI: ~ ~~~ Colleen Greene Assistant County Attorney [ arcy Krumbine Director - Housing and Human Services ~7 ....-P 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 12, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records ofCollicr County, Florida STREET ADDRESS 10275 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcemcnt Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fec $3,495.00 TOTAL IMP ACT FEES $14,591.26 4 Return to INSTR 4368970 OR 4514 PG 2950 RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 106 Frank Ramscy IIHS 3301 E Tamiami Trail Naples, FL 34112 FiIe# 1O-051-IF This spacc for rccording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agrcement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/I00 Dollars ($13.981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the of1ice of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for aflordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S succcssors 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. BY~ Attest: as to CM frIiM j , 1l1Ntlll't Oft 1 · ' BOARD OF COUNTY COMMISSIONERS COLLlE~ COUNTY, FLORIDA l/ -' ,'I.' , , ,~_ 1/:. _, .'-. ,'.'."" -", r"'~?,,,,, '",/f,z.l:;t2/01/2009 DONNA FIALA, Chairman By: Attest: DWIGHT E. BROq<., Clerk 2 108 ::VELOPE:~;::"""~ mo. amuel J. Durs .D, President WITNESSES: ~. Print Name: NIcK \<(!c,lnheY45 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrwnent was acknowledged before me this a. 'is day of od- ) 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is ::::::os::t~Jme or has produced .' ~~~;;yp ~;if~C:2:- \\\\\\"r'O"A' ""," 'S~nature of Notary Public ~'-'...,,~ ...<J ,~, ~'.tl...~'''' ..11".... ..)'- ...... ~OL,-..\-\OTA,q;..~ ~ ....~. .~.. '=-'IIIt;"9 .v" : :. My Comm, Expires -. 0 ~ :: : AugU!l29,2010: " i ... No, 00 590338.: E 0::. -. .' .~ ~lJ'I~ ....PUIL\~.. ~~$ iif"",,",X'" .". O~....~,~ "i,'" OF FI.; \\" """"'\1"\'\ f\J () U}t.t {. . t Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene Assistant County Attorney ~, ...k r; ,Marcy Krumbine Director - Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 13, Regal Acres, according to the plat thereot~ as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10279 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $ 1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Return to INSTR 4368971 OR 4514 PG 2954 10- B RECORDED 12/3/2009 10.51 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL34112 File# 10-052- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of Decembcr, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees arc duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13,981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be forecloscd upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a rclease or satisfaction of licn in the public records of the County, The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 lOBi mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on tile at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein. and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk By: Attest AI to 0..,,- s1ORlt~ .Oft,. . BOARD OF COUNTY COMMISSIONERS COLLlEo/rOUNTY, FLORIDA II /, '.' (.."'n...:: 'f1101/2009 DONNA FIALA, Chairman By: 2 DEVELOPER: Ha~~/&llier County, Inc. BY: //~p E~ A(amuel J. Durso~. President STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 'is day of Cc,t ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification:- '''7 /}' /"'/ // /' /;"~-?,,"" ~ Sigfiature of Notary Public WITNESSES: ~----- Print Name: (\J\cK \<(){\ln~eY45 [NOTARIAL SEAL] \\\\\\lIlJfHJtJf'1. ,,",,"f' LOA ".<., S.o..~' (l..... ~ '''Jo "'O'''.~OTAh..'';-' '';', ~~.. p...~..':'. ...~. ..'\\'''' .:- . Me.. c.-': = : Y ammo Expires. 0 ~ ; : Augusr 29,2010: : ;. .. No. 00 590338 : E ~<.p.. .. ~ -::.~ ..~l.JaL\c... '!r'$":' "=",,)-~ "'......0.,<:>..... ""1/ OF FLOv,\\''- 11111111111\'\\ Approved as to form and legal sufficiency: C-~~ Colleen Greene Assistant County Attorney (tJ/' et"--- ~ /VOr/YU'- {, /-- Print Name of Notary Public Recommended Approval: 'j i ... .-P 1081 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 14, Regal Acres, according to the plat thereof as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10283 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fec $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Return to INSTR 4368972 OR 4514 PG 2958 lOB RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey HilS 3301 E Tamiamj Trail :'\I a pies. FL 34112 FiIe# 10-053-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agrcement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13.981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosurc on the first I lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7, In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicablc interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk By: - ~ A'~. .. ~ ~~ ~1,,~ Ofl'. " ,;.' ' ,~- ,: ";:, BOARD OF COUNTY COMMISSIONERS COLLIEIff=OUNTY, FLORIDA 1" ; I /// " .."':",' By: r'/d""C"'4(. f '<:>(.fQIOIl2009 DONNA FIALA, Chairman 2 lOB DEVELOPER: Habitat for Humanity of Collier County, Inc. ~~ ,D. BY: WITNESSES: ~ Print Name: (\j \Cr, '<nu. \oh(O'(<'<.5 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrwnent was acknowledged before me this a. 3 day of OD\-' j 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as i~entification.- ~<7 /4 S' nature of otary Public [NOT A~""{,,:'l1i~L] ~",\..~f\. LOA ~f"",~ ... .().""~... Ct.. .A if, .:.: O'~ .~OTA ..'~;-" ~~, f~ ..- /:iJ!... ~'~ :: :AI ..~-:; .: .. YCornmf,' .c-.. = : August 29 xP1ras: 0 ~ = . N . 2010. ~ ~ ". o. DO 590338." = -:.<.I.}... .. $' ~ -,?^,".~!JeLlq...^~.;.'$' ',:_~~ .. D._ \...... ~:.. "'" OF FLO~,,\\'''' 111'''111111''\ /IJ(Y~i' (, 1. Prirtt Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene Assistant County Attorney rc Krumbine irector ~ Housing and Human Services ~ 3 10 B EXHIBIT "A" LEGAL DESCRIPTION Lot 15, Regal Acres. according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10287 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOT AL IMPACT FEES $13,981.67 4 Return to INSTR 4368973 OR 4514 PG 2962 10 8 RECORDED 12/3/2009 1051 AM PAGES 4 . DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 Frank Ramsey HHS 3301 E Tamiamj Trail ]\'aples, FL 34112 FiIe# 10-054- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF ]00% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any contlict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreemcnt until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13,981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (I 0%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. By: AttaK as to ~~ , .t~.., . BOARD OF COUNTY COMMISSIONERS COLLIE~OUNTY, FLORIDA II Ail... By: r' ,.) >v I c' 1'1101/2009 DONNA FIALA, Chairman Attest: DWIGHT,E. BROCK, Clerk 2 lOB o Collier County, Inc. BY: ,;. amuel J. Dur President WITNESSES: ~~ --p Print Name: \ Ie K \<'()(c \n~e'( 45 e^-- STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (j.. 'is day of Oc-t- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced , , ~-?dentift:d- - [NOTARIAL SEAL] /Yj-.;:;w ~ ~., ",'Il''Il\''UI''''I''..tI..~ Si nature of Notary Public \,\ltUlIUI"II ....,.... LOP4 j \\' LOA '" ''';s..t'-. "H~~ .Ir..~~. .........'~p......."..q..)'-...f;.f... :"~.Q..:~..~\?:'/lp.f:p;..",~T.(: ~ !'O~..\.\OTAAj.!..~,^~ .'. 0.... ~ ... v' ~.. .. ,,,~ .. :"""" . 'Or, ...~. .. v... "'-: 'Al Comm EX:~';~s : " ~&m?< l ('. ~ : My Comm, Expires ~ 0 ~ :\uqu" 29. ,", .: Print Name of Notary Public :: : AuguSI29,2010: = .... ~Ii). JU 590338 ." ~ ". No. DO 590338: f .. r "'.c.' -::. .1"\', .' S' ~ :~~UB\_\J".rr>-- ~w~ ..../)UBL\~.. ~"f'$ ,,~,.. ,-.. jlf~";"":: ~IJ.".I ~'\;.~... F-' ~.OF~~~ '1""'""'\\\\\ Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene - Assistant County Attorney -./L .J arcy Krumbine Director - Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 16, Regal Acres, according to the plat thereof: as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10291 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Return to INSTR 4368974 OR 4514 PG 2966 lOB RECORDED 12/3/2009 1051 AM PAGES 4 ' DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35,50 Frank Ramsey HHS 3301 E Tamiami Trail Naples,I<L34112 File# 10-055- IF This spaee for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 6711 00 Dollars ($13,981.67). 5. The deferred impact fees shall be a licn on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall bc transferred, assigned, or otherwisc conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 10 B mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on tile at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the onicial records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year tirst above written. Attest: DWIGHT E. BROCK, Clerk BX: ...' U~........ .t...... .I~.' .' BOARD OF COUNTY COMMISSIONERS COLLIER,(J'OUNTY, FLORIDA I,' : 1 i; ^-l.<~;v"!,"",,;~, ,'. By: / " 1~/01/2009 DONNA FIALA, Chairman . 'I, ~ " \ ' 2 BY: Samuel J. Durso, M.D. President WITNESSES: ~? - Print Name: {\)lcK \<'(Xc\n~e'("..s ~~& Pr' e: 1. - tA/ Lf/V c:::.- STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (j.. 'is day of Oc, t- ) 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification.- [NOTARIAL SEAL] ,\\'\~ I ~ If 181""1 "...., \...ORA~.,. '"'''''' ......~~"?'- olI.:A..y.....I)>~ ........ ~ ~. &01:,.. -. C/ ~ ~~..~ .. o~ So : c:"n\~es -. :. -. m t".o"''' . ... =~:\'\1GO"'i9~0\O: :; ;; : ~"9"'\ ~ilG~~~: :: ~ . "000 .~::: ~ .. ' r... s;: ~ ".. pue\.~':" ~I ""1:~i:\'..U.Ile.'\,O..,... -'>., "1'1; 0" ~,\\", ""11111111\\\ Si Ii );1 {/:r1(" {T- Print Name of Notary Public Approved as to form and legal suffIciency: Recommended Approval: ,JKd~~~ ' to1~~ Colleen Greene ' - Assistant County Attorney -" Director - Housing and Human Services lOB 3 108 EXHIBIT "A" LEGAL DESCRIPTION Lot 17, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10295 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $ 116.06 B. Correctional Facilities Impact Fcc $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $ I 93.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Return to INSTR 4368975 OR 4514 PG 2970 lOB RECORDED 12/3/2009 1051 AM PAGES 4 . DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey III1S 3301 E Tamiami Trail Naples, FL34t12 File# 10-056- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 2611 00 Dollars ($ I 4,591.26 ). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the ftrst lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on ftIe at the offtce of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for atTordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. By: Attett al g .. s1911ltwel>>' ~ -',' ..', }', BOARD OF COUNTY COMMISSIONERS COLLIEII4q>UNTY, FLORIDA , " .i I', l <+"ll."V,'",,'1- ,,-"' /; ( Attest: DWIGHT E. BROCK, Clerk By: 12/0112009 DONNA FIALA, Chairman 2 lOB BY: WITNESSES: ~ printN~K \<,()(c \n~e'(Ct5 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (j.. 'is day of Oc\- ) 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced a~id n, tiftcation.--: -} , ,,~ ~ / '0" ,. ~ if//v .A;h-;;; .A"".-n S/inature of Notary Public [NOTARIAL SEAL] \\\\"\lI~'U'Pl',/, .....',,\ ORA-TIy "'........ ",,:-' \; .$.\~"." ~c/ ~ $<w:-.o:r-".e-1;~R ...0<::' ::~ ._......0 . ':I. ~ ::: a::' f(:.1-'9\\e..:: =0: GO~~' 't.(J\i;): = :z. 11-'1 ~.\t~'~~~~ . <(:: - . "'~ ~~~ . ~- - .. l""" \)V .. ....,... -; .. ~1), ,(J: ~ $ ~ ... plJ'O;-..O,:..... ~ & ........ <:"~,, ~"J: J""q re of ,\,\,\,,,, "'/""11111\'\' Approved as to form and legal sufficiency: L. T- Print Name of Notary Public AId I/?J,:A. Recommended Approval: ~~ Colleen Greene Assistant County Attorney , < ,,~--p "-- ar Krumbine Director - Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 18, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10299 Kingdom Court, Naples, Florida 34 114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 l. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOT AL IMP ACT FEES $14,591.26 4 Return to INSTR 4368976 OR 4514 PG 2974 10 9 RECORDED 12/3/2009 1051 AM PAGES 4 . ' DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35,50 Frank Ibmsey III1S 3301 E Tamiami Trail Naples. FL 34112 File# 1O-057-IF This space for rccording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I s( day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sutTIciency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount ofthc impact fces deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless thc dwelling units are sold to households meeting the criteria set forth in the Ordinance, and thc impact fces arc duly dcferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirtecn Thousand Nine Hundred Eight One and 671100 Dollars ($13.981.67). 5. The deferred impact fees shall be a lien on the property describcd in Exhibit "A," which lien may be foreclosed upon in the evcnt of non-compliance with the Ordinance or with this Agreement. This Agrcement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a relcase or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the ftrst lOB mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on ftle at the offIce of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. BY~.'" Attest,., to'QJie s1~twe OIillI BOARD OF COUNTY COMMISSIONERS COLLIE};1):OUNTY, FLOl)IDA f ! f'" f: ~. . : ....y-;'...r~,~_, ,,:."::-..,/ Attest: DWIGHT E. /3ROCK, Clerk , By: /; <1U<:: 12/01/2009 DONNA FIALA, Chairman ", , L'I; :;\, j' ~ 2 BY: Samuel J. Dur 0, M.D. President WITNESSES: ~~ ~ihe: IDIC\<. \<(')(c\n~eY"'.5 Collier County, Inc. ..~~~lJ~ 10 B STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (j.. 'is day of od- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification.- [NOTARIAL SEAL] ,/"'?/:';,/ ~ S' nature of Notary Public \\lWIlII"", \\\ . '1/ ",\ \..oRA~ 7"L"l F,~ ...' ....... 'TL-- '.. .,:-. ~ ....~RY ...~"'v ~ $~.oo"\ -.0'::. ~ ^"" .~ . 0' - ~ ::: ...... t.'1-,,\~.: = 0: co~\1\' ~()\CJ: = =z- \I.~ \~~, n~ _ = : : ~ut:\u~ \) ~ra~~v : ~ :: -; eo ~o.O ..CJ" S$ ~.. ...." A.: ... ~ '0 pll~"".' o"~ ~ .. !J III ....' ~ ~1";'.'~.' ~v", ;"'" 4te of \\\,,,, 1I'''flliU'''' Approved as to form and legal sufficiency: ~~ Colleen Greene - Assistant County Attorney /vi (; I .J loA-. Print Name of Notary Public /1 Recommended Appr " ~~ rc Krumbine Director - Housing and Human Services 3 lOB EXHIBIT "A" LEGAL DESCRIPTION Lot 19, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10303 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $ I ,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981,67 4 Return to INSTR 4368977 OR 4514 PG 2978 1 0 C RECORDED 12/3/2009 1051 AM PAGES 4 DWIGHT E, BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35,50 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL34lJ2 File# 10-058- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless thc dwclling units arc sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13,981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 lOB' '1' mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the ofticial records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIFt)COUNTY, FLORIDA I ! .1 ~'/ ',..J.- ..:....,..',.;>.,,)~( I By: ! 12/0 I 12009 DONNA FIALA, Chairman Attest: DWIGHT E. BROCK, Clerk A'tot a. to.~ .t~ .,~ ~,,' '~",. 2 lOB BY: oIlier County, Inc. WITNESSES: ~ --- Print Name: (\'lIcK \<(')(c\{)~e'(45 P'~.MP/fUr STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (j.. 'is day of od- ) 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced , ~s i, e~, 'fication.- ,,'}/7 //,'./ " / / '/',4 ---~ >< p;(~/-;? ~~/'~ s;gnature of Notary Public ' [NOTARIAL SEAL] \\\\\\.1UIII111", ....,.... \..ORA"/~I'J'...... .$'~"t-..."i~A'Y".",~:'-:;, ':-1'\..:.'.:0...0 . 0" .:- "<. .. .... : 0 : t.~9\le'3,,: =z: comf\\. ~o,t): = ; ~ ~l\1~u~~;9C~'J~ .: ~ ~ ~ '. \\0, ,.... Q,: ~. :\..\""'. ~~ ~~ .n',. pue., o"~ ...,~.,., _..._11 If\,; ..." '-"" J117e Of \\"" 111'"111111\\\ /l)()M'?(( ( 1 Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: J , ~~ Colleen Greene '-... Assistant County Attorney J---.- arcy Krumbine Director - Housing and Human Services 3 lOB ~ EXHIBIT "A" LEGAL DESCRIPTION Lot 20, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10307 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOT AL IMPACT FEES $13,981.67 4 ~ lo,f -1'& 9-- f- . 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