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Backup Documents 02/24/2009 Item #16D 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1605 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board 011ice. The completed routing slip and original documents are to be forwarded to the Board Oflice only after the Board has taken action on the item 1 ROUTING SLIP Complete routing lines 41 through 94 as appropriate for additional signatures, dates, and /or information needed_ If the document is already complete with the ­­oL. fthe rhairman'a civnanve draw a line through routing lines #I thmuuh 44- eomnlete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date I.Frank Ramsey Housing and Human Service (Initial) 02/24/09 2. Chairman Donna Fiala BCC Agenda Item Number 1613-5 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Agreements Number of Original 7 5. Sue Filson, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one oflhe addressee, above, inclufing Sue Filson, need to contact staff for additional ormissing information. All original documents needing the BCC Chairman's signature are to be delivered to tie BCC office only after the BCC has acted to approve the item Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applica ble) Agenda Date Item was 02/24/2009 Agenda Item Number 1613-5 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreements Number of Original 7 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I. Forms/ County Forms/ BCC Forms/ Original Documents Rotator Slip W WS Original 9.03.04_ Revised 126.05, Revised 2 .2405 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of 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 possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered 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 are 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 IWC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are mdlif ied. Be aware of your deadlines! 6. The document was approved by the BCC on 02/24/2009 and all changes made during the meeting have been incorporated in the attached document. 'file County Attorney's Office has reviewed the changes, if applicable. I. Forms/ County Forms/ BCC Forms/ Original Documents Rotator Slip W WS Original 9.03.04_ Revised 126.05, Revised 2 .2405 �i 1; Return to Frank Ramsey HHs 3301 E Tamiami Trail Naples, IT, 34112 File# 09- 097 -IF 4266344 OR; 4431 PG; 1619 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/0212009 at 08 :35AH DWIGHT B. BROCK, CLERK REC FEE 35.50 COPIES 4.00 CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 1605 EKT 8411 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 241h day of February, 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 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 unit(s), 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 Twenty Nine Thousand Six Hundred Forty One and 30/100 Dollars ($29,641.30). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). 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 OR; 4431 PG; 1680 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. Attest: DWIGHT E, BROCK, Clerk y �- Attlit Ili to Ctw _Deputy Clerk Iignature oar• BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA By: Dym.c � 4qlacj DO NA FIALA, Chairman 1605 OR: 4431 PG: 1681 1605 DEVELOPER: Habitat for Humane f Co 'J� f County, Inc. BY: Samuel J. D rso, M.D. President WITNESSES: Print Name: riP nt Name: //hGl STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of January, 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 SF,,j44w#jjn �p•`s�pRA -rA�,� Si ature of Notary Pu lic :.Y \let :MycT�e p°0 008909 N ° ®�0. Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney i Print Name of Notary Public Recommended Approval: Marcy' Krumbine w Director— Housing and Human Services 16D5 EXHIBIT "A" OR; 4431 PG; 1682 LEGAL DESCRIPTION Lot 25, Block 3, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5205 Gilchrist Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 E. Regional Parks Impact Fee $2,378.20 F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Buildings Impact Fee $796.05 1. Law Enforcement Impact Fee $309.75 J. Sewer System Fee $3,495.00 K. Water System Fee $3,575.00 TOTAL IMPACT FEES $29,641.30 4266343 OR: 4431 PG: 1675 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/0212009 at 08:36AN DWIGHT E. BROCK, CLERK REC FEE 35.50 COPIES 4.00 Return to Retn: CLERK TO THE BOARD 1605 Frank Ramsey INTEROFFICE 4TH FLOOR 3301 E Tamiand Trail 3 %T 8411 Naples, FL 34112 File# 09- 098 -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 24`h day of February, 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: 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 unit(s), 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 Twenty Nine Thousand Six Hundred Forty One and 30/100 Dollars ($29,641.30). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). 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 OR: 4431 PG: 1676 1605 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. Attest: I `I DWIGHT E. BROCK, Clerk Y: !test st to ccM }raj epi ty Clerk I4gnatirs 00 10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: S� Z iT °I D NNA FIALA, Chairman OR: 4431 PG: 1677 1605 DEVELOPER: Habitat for Human /d� C 1�0 ty, Inc. BY: 1� Samuel J. Durso, M.D. President WITNESSES: Print Name: rint Name: 4 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / day of January, 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. T Ryo.. '$ Signature of Notary Pool ic MY Comm. EXPUSS - poqult 29, 2010 No. 00 690399 s d . '• ;;Us %, ���`� Print Name of Notary Public OF Approved as to form and legal sufficiency: C Colleen Gr ene Assistant County Attorney Recommended Approval: Marcy Krumbine Director — Housing and Human Services OR: 4431 PG: 1678 * ** 16D5` EXHIBIT "A" LEGAL DESCRIPTION Lot 18, Block 6, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records of Collier County, Florida STREET ADDRESS 5370 Catts Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 E. Regional Parks Impact Fee $2,378.20 F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Buildings Impact Fee $796.05 I. Law Enforcement Impact Fee $309.75 J. Sewer System Fee $3,495.00 K. Water System Fee $3,575.00 TOTAL IMPACT FEES $29,641.30 Return to Frank Ramsey MIS 3301 E Tamiami Trail Naples, FL 34112 File# 09- 092 -IF 4266342 OR: 4431 PG: 1671 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/02/2009 at 08:36AN DWIGHT E, BROCK, CLERK RIC FEE 35.50 COPIES 4.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EKT 8411 This space for recording 1605 " 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 241h day of February, 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 unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), 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 Nine Hundred Eighty Seven and 08/100 Dollars ($14,987.08). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). 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 OR: 4431 PG: 1672 mortgage or other security interest, this lien shall otherwise be superior and paramount to then 6 D 5 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. Attest: DWIGHT E. BROCK, Clerk Deputy Clerk AttasL N•.tb. CM1ttW � t tgiieCti�.� pi � r BOARD OF COUNTY COMMISSIONERS COLLIE OUNTY, FLORIDA By: — jt-�/Z410-1 D NNA FIALA, Chairman DEVELOPER: FbW of Collier County, Inc. WITNESSES: Print Nam ° r r 4 Uie /nn� Print Name: STATE OF FLORIDA COUNTY OF COLLIER OR; 4431 PG: 1613 16D5 The forgoing instrument was acknowledged before me this -.Z � day of January, 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. I Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney �s�a� _J Signature 6of Notary Public �01 CVla (01s(�-21o;r'. Print Name of Notary Public t Recommended Approval: r a cy Krumb n Director— Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION * ** OR; 4431 PG; 1674 * ** 1605 - Lot 64, 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 3780 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee 1. Law Enforcement Impact Fee Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 TOTAL IMPACT FEES $14,987.08 �y Return to Frank Ramsey ""s 3301 E Tamiami Trail Naples, FL 34112 File# 09- 096 -IF 4266341 OR: 4431 PG: 1667 RECORDED in OFFICIAL RECORDS Of COLLIER COUNTY, FL 01/02/2009 at 08:36AN DWIGHT E. FROCK, CLERK REC FEE 35.50 COPIES 4.00 Retr.: CLERK TO THE HOARD INTEROFFICE 4TH FLOOR EKT 8411 'Phis space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 1605 This Agreement is entered into this 241h day of February, 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 unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), 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 Twenty Nine Thousand Six Hundred Forty One and 30/100 Dollars ($29,641.30). 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 unit(s). 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 OR; 4431 PG; 1668 mortgage or other security interest, this lien shall otherwise be superior and paramount to the 16 D 5 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. Attest: DWIGHT E. BROCK, Clerk 4trest es fib ctw't ty.Clerk e1vaturt 41- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: J-1 -&2ql ucl DO ;A FIALA, Chairman OR: 4431 PG; 1669 DEVELOPER: Habitat for HuTpity off eIlier County, Inc. i // BY: SamueyJ. Durso, M. President WITNESSES: Print Name: 7 OC a� rint -am e: c< STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ,� �/ day of January, 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 ' entificatio 6; [NOTARIAL SEA/ Signature of Notary Public MVVW ' .Plies 0 No. DD 590899 Approved as to form and legal sufficiency: Co�� 4 Colleen Greene Assistant County Attorney r , _ 1 � ✓C�f;2�G( (i�« - (i �c Print Name of Notary Public Recommended Approval: Marcy Krumbine Director — Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION OR. 4431 PG; 1670 * ** 1605 Lot 26, Block 3, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5201 Gilchrist Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE, BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 E. Regional Parks Impact Fee $2,378.20 F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Buildings Impact Fee $796.05 1. Law Enforcement Impact Fee $309.75 J. Sewer System Fee $3,495.00 K. Water System Fee $3,575.00 TOTAL IMPACT FEES $29,641.30 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 OR: 4431 PG: 1664 mortgage or other security interest, this lien shall otherwise be superior and paramount to the 1605 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. Attest: DWIGHT E. BROCK, Clerk�� Be��L ' TLaSa ar,*Deputy Clerk YlgnatW-* BY: Samue 7. Durso, M. President WITNESSES: Print Name: int� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 5 21q1611 DONNA FIALA, Chairman , J DEVELOPER: Habitat for Hum pity of Co r County, Inc. BY: Samuel J. Durso, M.D? President WITNESSES: Print Name: ar(_'I ALL? 6� 6� - mtName: OR; 4431 PG; 1665 1605 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of January, 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 1 as identification. [NOT A{z7d\ ��,Q•T'A�'�,T I'`'I. n , •�l0 Ry•,q�s Sig6ature of Notary Public My Comm. Expires O Aagoe129, 2010 , No. 0 590338 Approved as to form and legal sufficiency: _ t�Kl'XYX�p7- Colleen Greene Assistant County Attorney Print Name of Notary Public I Recommended Approval: Marcy Krumbin Director — Housing and Human Services OR: 4431 PG: 1666 * ** EXHIBIT "A" 1605 LEGAL DESCRIPTION Lot 16, Block 14, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5361 Trammell Street, Naples, Florida 341 13 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 E. Regional Parks Impact Fee $2,378.20 F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Buildings Impact Fee $796.05 I. Law Enforcement Impact Fee $309.75 J. Sewer System Fee $3,495.00 K. Water System Fee $3,575.00 TOTAL IMPACT FEES $29,641.30 Return to Frank Ramsey fills 3301 E Tamiami Trail Naples, FL 34112 File# 09- 094 -IF 4266339 OR; 4431 PG; 1659 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, Ft 03/02/2009 at 08:35AN DWIGHT B. BROCK, CLERK RRC FEE 38.50 COPIES 4.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BET 8411 'Phis space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS 16D5 This Agreement is entered into this 24`" day of February, 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 unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), 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 Twenty Nine Thousand Six Hundred Forty One and 30/100 Dollars ($29,641.30). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). 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 OR; 4431 PG; 1660 1605 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. Attest: DWIGHT E. BROCK, Clerk Jkk"Q C �alL I" to F Deputy Clerk ll�ps�IMt Ong rye � BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA li DONNA FIALA, Chairman OR: 4431 PG: 1661 165 DEVELOPER: Habitat for Humani y o Ilier County, Inc. BY: �l Samuel J. Durso, M. President WITNESSES: � 1 Print Name: 21, C "a v Cu Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of January, 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 ) �� s [NOTARI. [6A4f LQR,q,ul Signature of Notary Public My Comm. Expires O 5 - AuOust 20, 2010. /,)"6( 16 4114Z . ;`-, No. DO5NM r rintP Name of Notary Public Approved as to form and legal sufficiency: crvxy&L—�� Colleen Greene Assistant County Attorney Recommended Approval: M y Krumbine I Director — Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION OR; 4431 PG; 1662 * ** 16D5 Lot 15, Block 14, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3. pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5357 Trammell Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee J. Sewer System Fee K. Water System Fee TOTAL IMPACT FEES Amount Owed $112.46 $122.36 $503.49 $1,075.25 $2,378.20 $9,026.12 $8,247.62 $796.05 $309.75 $3,495.00 $3,575.00 $29,641.30 14 4266338 OR: 4431 PG: 1655 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/02/2009 at 08:36AR DWIGHT E, BROCK, CLERK REC FEE 35.50 COPIES 4,00 Return to Retn: CLERK TO THE BOARD Frank Ramsey HHS INTEROFFICE 4TH FLOOR 5 .J 3301 E Tamiami Trail EKT 8411 Naples, FL 34112 File# 09- 093 -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 24t11 day of February, 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 unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), 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 Twenty Nine Thousand Six Hundred Forty One and 30/100 Dollars ($29,641.30). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). 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 16D5 OR; 4431 PG; 1656 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. Attest: DWIGHT E. BROCK, Clerk atx�st .ys tu_ rt� Clerk iFledtY:$ JAIL r. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: LLB / Zivq JO-) OR; 4431 PG; 1657 DEVELOPER: Habitat Hu BY: e45�� Samuel J. Dxfz6, M.D. WITNESSES of Collier County, Inc. f Print Name: 6 Y )" o'- rint Name: - .L91 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this 1 V day of January, 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 -,—o as 'dentification. [NOTA�' ?O�:•Gd�i'"A'd :"�`,*. Signature of Notary Public • OIL (/ % Y COMM ex 0. 29,2010 : AfQ- Do .' 9 Print Name of Notary Public Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney Recommended Approval: a cy Krumbi e Director — Housing and Human Services 1605 EXHIBIT "A" LEGAL DESCRIPTION * ** OR; 4431 PG; 1658 * ** 16D5 Lot 14, Block 14, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3. pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5353 Trammell Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 E. Regional Parks Impact Fee $2378.20 F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Buildings Impact Fee $796.05 I. Law Enforcement Impact Fee $309.75 J. Sewer System Fee $3,495.00 K. Water System Fee $3,575.00 TOTAL IMPACT FEES $29,641.30