Loading...
Folio #56430077822 - Case #FY25-19 (Habitat for Humanity) INSTR 6668552 OR 6457 PG 3786 RECORDED 4/14/2025 1:31 PM PAGES 4 CLERK OF CIRCUIT COURT AND COMPTROLLER Return to:Michelle Rubbo COLLIER COUNTYTHE FLORIDA Community and Human Services REC$35 50 3339 Tamiami Trail E,Building H,Suite 213 Naples,Fl 34112 File#FY25-19 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ° . day of Ac r i 1 , 2024, 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 Sixteen and 29/100 ($14,916.29). 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 unless approved in advance by the County in writing. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien will 1 automatically be subordinated to the owner's first mortgage and/or any government funded affordable housing loan such as a SAIL or HOME loan. 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. 2 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: pok kis Amy Patters County Manager ate (Authorized by Resolution 2001-292) Appr►ved . s to form Recommend Approval: and l 0alit :AI I Vir710/5-7 'gni Jef - P . .1i atz ow Kristi S nntag Coun?I+At 1 i 1 ey Director, Community and HuU Services i DEVELOP : Habitat for Humanity of Collier County, Inc. BY: Print Name: A S (n . L Q,f-IaW WITN SSE • WITNESSES: LC 46_eVA Print Name: Mc5L,, LL r nu (cZ, Print Name: tl\Q11<I;• Lora Mn,h1.Z Address: `o tf(og mc,„-e 4-i r �'c t Address: Z�S Pe,*ec S-1 1\cc,0 ec1 rL 34-i 1 tf Klogk.I -lam- 3Li iii,� STATE OF F(-011-1 OA COUNTY OF co Ll2ETZ The foregoing instrument was acknowledged before me by means of I .Physical presence or Elonline notarization this - day of A PY C k , 2025, by 12-c2A/.. Esc,, �.. Le(-LO ts.) . Such person(s) Notary Public must check applicable box: ���,.��� MP%LAL/BFR,, �re personally known to me. ••••0-SPRY P )'''', produced her current driver license.., �0�P Uecio•. ❑ produced as identification. (Netar'y511 OMMISSION 4/ EXPIRES 8-29-2026 i _ Nota�Pub(i o� cPj Q 0):44): Printed Name of Notary: Norma Lallbe e 9TFOF F�00••�•o,''' Commission Number: 0(� mac_ 159 ' .SS..ONIVUMBER� •.. `` My Commission Expires: 08 l2-I a-b2.6 ''„mmm1lllllo 3 EXHIBIT "A" Street Parcel ID/Folio No. Number Street City, State Zip Legal Description 56430077822 Naples, FL MAJESTIC PLACE 10303 Noble Dr 34114 LOT 83 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS $142.07 B. GOVERNMENT BUILDINGS $934.34 C.JAIL $499.19 D. LAW ENFORCEMENT $586.95 E. LIBRARIES $336.05 F. COMMUNITY PARK $933.83 G. REGIONAL PARK $2,694.32 H. SCHOOL $8,789.54 TOTAL IMPACT FEES $ 14,916.29 4