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Backup Documents 02/10/2009 Item #16D 2 Print on pink paper. Mtaeh to original document. Original doeurn~nls should he hand delivered Lo the Board Otlice Th~ completed routing slip and original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item,) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or infonnatioll needed. [I' the document is aln:ady complete with the ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 160 2 cxceotion of the Chairman's sil:mature, draw a line throue:h routine. lines #1 thl'Oulili #4, conmlete the checklist, and forward to Sue Filson (1ine#5) Route to Addressee(s) Office Initials Date (List in routinp order) I.Frank Ramsey Housing and Human Service ~ 02/1 0109 2. Chairman Donna Fiala Bce 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contoct is the holder nfthe original document pending Bce approval. Normally the primary contact is the person who crcatedfprepared the executive summary. Primary contact information is needed in the event one nfdlC addressees above, incllding. Sue Filson, need to cmtact statTfor additional or missing information. All origlllal documents needing the Bee Chmrman 's sign<lture arc t(l he delivered to U1e Bee ntTice only atter the BCe has aeted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 02/ 10/2009 Agenda Item Number 161l-2 Aonroved bv the BCC Type of Document Agreements Number of Original ).---. Attached Documents Attached Initial the Yes column or mark "N/ A" in the Not Applicable column. whichever is Yes N/A(Not aoorooriate. (Initial) Apolicable) I. 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 revie\\'ed and signed '1f- 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 hy all parties except the BCC Chairman and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have heen initialed by the County Attorney's '71-. 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 ofBCC 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 Chaimlan's 1'7L silmature 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 ot1lce within 24 hours of BCe approvaL '1i Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions arc nullified. Be aware of your deadlines! 6. The document was approved by the BeC on 02/10/2009 and all changes made during --:JI- the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan!!es, if applicable. INSTRUCTIONS & CHECKLIST I: Forms/ County FomlS/ BeC Forms/ Original Documents Routlllg. Slip WWS OriginaI9.0J,04. Revised 1.26.05, Rcvised 224.05 Return to 4260534 OR: 4427 PG: 0272 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL 0111111009 at 11:03AM DWIGHT B, BROCK. CLBRK RBC FBB coms 35.50 4.00 ': ,\ . Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 Retn: CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR BIT 7140 16D 2 File# 09-077-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 10th 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 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 ofthe 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 ofthe 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 Nine Hundred Eightv 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 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 OR: 4427 PG: 0273 16D 2 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%) ofthe 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 defilUlt 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 otTice 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: DWljJHT E.BRO~, Clerk ". ~nttdf~tl ~ n to. .a......... I,' D puty Clerk It"..,OII,- . '-/ \ BOARD OF COUNTY COMMISSIONERS COLLIE~OUNTY' FLORIDA /1 / - By: I ~>"IA.-' ~4. $C)7{)i!] DONNA FIALA, Chairman . OR: 4427 PG: 0274 160 2 BY: ounty, Inc. Samuel . President WITNESSES: Print Name: , ;:1 I ., / / //"!1__r Print ame: d; 11,.L' r.. '- , STATE OF FLORIDA COUNTY OF COLLIER / The forgoing instrument was acknowledged before me this /7' 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. .) :2 -z!;/ ,/ . (. /" ,'- " '/ /-VA<'~WA. t,:. .'7 Signature of Notary Public " [NOT A~foJ'9l!A.~. ~" '" LOI'l-1 .... ~'9:-~t~oT;'A~';~"'" ....\, ~O.. "" r .;~-- $~. .."\ = i My Comm. Expire. : 0 ; : Augult 29. 2010: I "i .. No. 00 580338: I ~ . . .1 ':"In... PUS\.\t"....,."T ~ ~-~ -.0 ;'" ~~....... "',~.>.... .... i''''' ~~ "';1.1:- OF f\,.O,\," '111,",,,,,\,,,, ;JO'il7ti JUf<" 7 r0~ ,- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: o ~ ~ / {\~~ Colleen Greene Assistant County Attorney --< arcy Krumbine Director - Housing and Human Services *** OR: 4427 PG: 0275 *** 160 2 EXHIBIT "A" LEGAL DESCRIPTION Lot 60, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3764 Justice Circle, Immokalee, FL 34 I 42 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amounf Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450. I 8 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 Return to 4260535 OR: 4427 PG: 0276 RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 0111//1009 at 11:03AK DWIGHT E. BROC~, CLERK RBC FER CORIBS 35,50 4.00 )'> Frank Ramsey HHS 3301 .: Tamiami Trail :\"aplcs. .'L 34112 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 1140 16D 2 FiIe# 09-076-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 101h 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: 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 ofthe 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 Fourteen Thousand Nine Hundred Eightv 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 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 OR: 4427 PG: 0277 16D 2 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. BRdcK, Clerk /~ -' II ~y:_ r11~~L / . ':_'~ .t~n to a..-"- lj .t.....c.,:1~ . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 11 -1- By: (1). n...... ~ C:.!.,{.4. iJUJ/1fJif} DONNA FIALA, Chairman OR: 4427 PG: 0278 160 2 BY: Samuel J. President WITNESSES' p,,?jiil fjj~&r't/'~ ) /1'.- a/1~/i( r1/Il/lit ~i i'-~' I~"t-N STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / Cj 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 ,is identific~tion. /~ ~ <~ // 0! ff>V / 'P S(gnature of NOlary Public' [NOT AR~~'9P~.. "., '" LOR"'l,1':'. .f' 9:-~-J.oT;'A~', ~~'~ $0..- -'.""'" i ~: My comm. Explrel ~ 0 = : A\l9UIIIG,2010 : II s\ ~ No. 00 5H338 : , . , 0 ~ c:. ~ '" PU8\.\~'~~ $ "'III! ...,.:......'ov~"... "",; ~ OF f\.: ,,\,"Il '",,,,,,,,,\,\ IV/C"jYld Jo.u ,7:-,...;"" Print Name of Notary Public / Approved as to form and legal sutTiciency: Recommended Approval: C~O Assistant County Attorney ~ , ---t *** OR: 4427 PG: 0279 *** 160 2 EXHIBIT "A" LEGAL DESCRIPTION Lot 61, 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 3768 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 l. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 'v-\ 4260536 OR: 4427 PG: 0280 RECORDBD in OFFICIAL RBCORDS of COLL1BR COUNTY, FL 0111111009 at 11:03AM DWIGHT B. BROCK, CLBRK RBC m COPIBS 35.50 1.00 Return to Retn: CLERK TO THB HOARD INTBROmCB 4TH FLOOR BIT 114 0 16D 2 Frank Ramsey HHS 3301 .: Tamiami Trail ~aplcs. l'L 34112 FiIe# 09-075-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 10th 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: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description ofthe dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance ofthe 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 thc deferred impact fees is Fourteen Thousand Nine Hundred Eightv 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 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 OR: 4427 PG: 0281 160 2 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 cvidencing 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 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: .1 DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /1 / - BY:~' .;;/;t.et.~OI"Z1Jo'j DO NA FIALA, Chairman ' OR: 4427 PG: 0282 BY: 160."12 Samuel J. President :?j1l~ 1 Herrar_ v P STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this 19 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 ~) ; </ ~##' ....~~ 47- S(gnature of Notary Public [N OT A~~"i',:It't'H~'I'... _, ... ...CO'I'l'"" '", ~'~r .,..... ".,., '. .I ~..~O'AIf"...~~" ~O, ....\ i ~ l My COmm. expire. .~ 0 : : Auguat 29. 2010: _ \. ... No. DO 5Q0338 l I' iio": . . ~ ~....~....Pue\..\;.:'~$ -,~ .,,..,..... OT'~':- "'1,; co' OF f\.: ,,\\~ 'I",,,,,,,,,,, AI ) ~.. I . i .r ..,\ ! j Of .,/1u '- ,A J{..L ,. / {<.!/ t: Print Name of Notary Public Approved as to form and legal sutTiciency: Recommended Approval: CV~~ Colleen Greene' L Assistant County Attorney ^"i~J)o t '-4 Director - Housing and Human Services *** OR: 4427 PG: 0283 *** 16D'2 EXHIBIT "A" LEGAL DESCRIPTION Lot 62, 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 3772 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450. I 8 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 \ \Y" 4260537 OR: 4427 PG: 0284 RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 0111111009 at 11:03AM DWIGHT B. BROCK. CLBRK RBC m COPIBS 35.50 4.00 Return to Retn: CLERK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 114 0 160 2 Frank Ramsey HHS 3301 E Tamiami Trail ~aples. FL 34112 FiIe# 09-074-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 10'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: 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 Nine Hundred Eightv 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 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 OR: 4427 PG: 0285 160 2 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. I f the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for atlordable 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 BOARD OF COUNTY COMMISSIONERS C OLL.~E COUNTY, FLORIDA I I - By: ~ . itn~,...~, e;:/;..-LQ,.;IL'IZfXP1 DONNA FIALA, Chairman :J h4i~\4t7\~--\~j .. '_1..' eputy Clerk Attdt uto Clttt,~ ./ .t....... 01,. / OR: 4427 PG: 0286 DEVELOPER: Habitat for Humanity of Bier County, Inc. BY: Samuel J. President WITNESSES: P'~JJM",c- ~# A j (....;/;t"tt{ / /); ,..... --l-th_ { / , / ~~4'/ Print Name: 160 '2 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / r 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. ~ ~ ' /7 / 4 / /1 -.____. / /' /a:~ . 'f . / ~? Srgnature of Notary Public [NOT ~;0t61i~;t:..... ~'9:.~'~oT;'A'"" ~~ '\ ~O.." '..~ ~~. . = : My Comm. Expit'1I ~ 0 :: : 1019." 29, 2010 : :. ~ No. 00 5"331 : I " '. .. r ~...tJ>.....oue't.\~.~.... -"" 4,..."",...... 0........ "'1 ~ 1;:- OF f\.: "rJff- """".""",," Approved as to form and legal sutTiciency: ~~ Colleen Greene ~ Assistant County Attorney ,!. / /': ,,- ~17 C-t ~--()l '--' Pri t Name of Notary Public T . _.-7 - ,-'(.C- /c:::.1 , Recommended Approval: ,.t~~ ~ Director - Housing and Human Services ttt OR: 4427 PG: 0287 *** EXHIBIT "A" 160."2 LEGAL DESCRIPTION Lot 63, Liberty Landing, according to the plat thereof, as recorded in Plat Book 4 7, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3776 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 4260538 OR: 4427 PG: 0288 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 01/1111009 at 11:03AM DWIGHT B. BROCK, CLBRK RBC m COPlBS 35.50 4.00 Return to Retn: CLBRK TO THB BOARD INTBROFF1CB 4TH FLOOR BIT 7140 16D '2 Frank Ramsey HHS 3301 E Tamiami Trail Naples. FL 34112 File# 09-081- 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 10th 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 sutTiciency 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 issuancc 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 Nine Hundred Eightv 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-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 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 OR: 4427 PG: 0289 160 '2 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; I3Ro.~K, Clerk . W"" <. ..' -..,--, , , .J ~)Ildji_ ...... - . ~. D .tInt u to .a4tt.... f It~ 011- . BOARD OF COUNTY COMMISSIONERS COLLlfP,EUNTY, FLORIDA I I p . I I By: I, ~.. <;I;u~l/t~jlco~ DONNA FIALA, Chairman OR: 4427 PG: 0290 BY: WITNESSES: I!~ !/,;v./C- 1 ./ ( (/I/ll-if' Print Name: .I /,,;/t/ti? J.... I. :tt//t., j,,/ '. I (o/{.--( TiJ~" . 160 2 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / (i 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. ~') l / ') -r,. ' . / / '- J ./ 'h~a< ..'YJ',d.{ L S(gnature ofNotariPublic [NOTARI~ L] ;.'" \..O,,~.~ L~~o"i;."'''''~~ IS:" E-.....\O z....II'lCOlftll'....O. l: : ..~1If\ 21. 20\ : ... . ".... .___u. ; -. NO.Ot).,....... -;', "'-~. ~ tS'....... pua"._ ......, /..1"~..~..?,,,,'j,-:, ,~ ".1::/( ()r. t"'::;".. ,,\ i -~ I'-JC I (vlU \lJ\ u" ~ hL((, Print Name of Notary Public Approved as to form and legal sutTiciency: Recommended Approval: C~#COM Colleen Green Assistant County Attorney J,. . J o ~ *** OR: 4427 PG: 0291 *** EXHIBIT "A" 160 LEGAL DESCRIPTION Lot 56, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3748 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 2 ,-x \ ' v Return to 4260539 OR: 4427 PG: 0292 RBCORDBD in OFFICIAL RECORDS of COLLIBR COUNTY, FL 0111111009 at 11:03AM DWIGHT B. BROCK. CLBRK RBC m CORIBS 35,50 1.00 Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 Retn: CLBRK TO THB BOARD IMTBROmCB 4TH FLOOR BIT 7140 160 2 FiIe# 09-080- 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 lOth 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 sutTiciency 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 ofthe 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 Nine Hundred Eightv 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 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 OR: 4427 PG: 0293 16[] 2 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: DWIGHTE, l3R~K, Clerk r-~" .' '..... _.-."; ',':" By:', ,., ",. ~ . .lI.t . " o.e~~itr ,t puty Cler It"... .,, " . (" ... ) ~ ',: . BOARD OF COUNTY COMMISSIONERS COLLlE~ l1lJNTY, FLORIDA </J~. d4.~/Z{)rf1 DONNA FIALA, Chairman y: OR: 4427 PG: 0294 oilier County, Inc. BY: WITNESSES: "fIdw~ Iiv<ek- O1oJ1f1 /2t- I ; c" IV' ,j' /.{ < 1~.;"'1< 160 2 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this / 'I 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. /'/" ~ ~ '1' .. . /1 /f??,.-z. . I;:j'~ Signature of Notary Public ./Z;: 0,(}\\'\'I. \'-i:c ----t""(G Print Name of Notary Public Approved as to form and legal sutTiciency: Recommended Approval: , C~. ~(J~ Colleen Greene / Assistant County Attorney ~-< rcy Krumbin Director -- Housing and Human Services *** OR: 4427 PG: 0295 *** lon 2 EXHIBIT "A" LEGAL DESCRIPTION Lot 57, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3752 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 Return to 4260540 OR: 4427 PG: 0296 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 0111111009 at 11:03AM DWIGHT B, BROCK. CLBRK RBC m CORIBS 35.50 4.00 o Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 7140 160 2 FiIe# 09-079- 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 10th 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 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 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 Nine Hundred Eightv 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 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 OR: 4427 PG: 0297 160 2 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: DWIGflt E. BROCK,:Clerk / , '^' 'l By: V i II , '., / D puty CJi:)rk .tu.... to 'Q;a~" . t...tri' .'f- ,. .~ BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA d --,- By: OR: 4427 PG: 0298 BY: WITNESSES: 2ptlH;!l;:J::diu'E""- ') / ; ; County, Inc. -, 160 2 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this If 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 identificat~9n. 'j ~ .~.-- /1 . /,/ /"4;'''''~ ' . ;1(':4:' c' ~;7 Signature of Notary Public [NOTARIAL SEAL] :\"'''"''''11; ~,,\.\ '" LO~ ~9:-~t~~V~J."''''~ 1:'0 .eTf'V 'f,-.. ~.s.- \ .:: """. . = : lAy Comm. EIp/tt, : 0 = : hlgu.t 28, 1010 : ~ ~ No. DO 5101N I - , . 0::. rft.. . _~",,', "'_\.J'.~. "', _x..-urJ':Io. ""-':,-~ .... "'" OF F\: . "'......,,iioi" Approved as to form and legal sutTiciency: C@w~M7;{h ~ Colleen Greene / Assistant County Attorney i fUo -:v(c., ~ ,., 1(.2/(:, Print Name of Notary Public Recommended Approval: Ld-A ~ Director - Housing and Human Services *** OR: 4427 PG: 0299 *** 160 2 EXHIBIT "A" LEGAL DESCRIPTION Lot 58, 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 3756 Justice Circle, Immokalee, FL 34 I 42 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987,08 Return to 4260541 OR: 4427 PG: 0300 RECORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 01/1111009 at 11:03AM DWIGHT B. BROCK, CLBRK RBC m COPIBS 35.50 4,00 \'^' Frank Ramsey BBS 3301 E Tamiami Trail Naples. 1<'1.. 34112 Retn: CLBRK TO THB BOARD INTBROmCB ITH FLOOR BIT 7110 160 2 File# 09-078-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 lOth 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 sutTiciency 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 "8," 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 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 OR: 4427 PG: 0301 16n 2 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 defilUlt 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. I f 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. \'\t~~.\ By: J ~ \A.,: , . , '~,4 n to ckt"., / .t...... .." ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA (J .f~ 1(4 ~k -- By: l \l) t4 lerk DO~ A'P'L~, d;lr(. A..~ . Attest: , DWIGHT E. BRQCK, Clerk OR: 4427 PG: 0302 160 2 DEVELOPER: Habitat for Huma 'tyof 01' r County, Inc. BY: Samuel J. President WI " , I / /1 .!t.(,y~ Priht Name: / ), 4-Y-I'-1 , 11///;,;-7/<'1 iL- I / ( I /~ t..~ - 7,,;, STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this I '! 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 a~ identification. :/,/ ,/) ,,-::: ///,yu", ~~; Signature of Notary Public [NOTARIAL ,,~....L.}... ",,,,,,- 'I,,,, "~..,,, LOR... ....,... ~... ~~ e.J..L".!.. ..,~ ""it. ~O~,'~U1A,.,)J..~tC'\t. ~ . ''c,,'" :::~: '. \ 3 . My Comm. Explftl ~ 0 ; : Augult 291 2010: ! -\ '. No. 00 580338: I . . ,; ~~'" PU8\.\~..'~~...~ -,,"..,~....., ~~"'" 'I"'i,~- 0' f\..O,\\""'" "",,,...,,,,,' 4 ILl 1/ /);/J1(,( OIl.' .- Print Name of Notary Public ('L/0 Approved as to form and legal sufficiency: Recommended Approval: (1Q~~ Colleen Green ( Assistant County Attorney , ..A.--.- .-< *** OR: 4427 PG: 0303 *** 160 2 EXHIBIT "A" LEGAL DESCRIPTION Lot 59, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, ofthe Public Records of Collier County, Florida STREET ADDRESS 3760 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112,46 B. Correctional Facilities Impact Fee $66.97 C. Li brary 1m pact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08