Folio #52659922781 - Case ID #FY25-30 (Habitat for Humanity) INSTR 6668590 OR 6457 PG 3942
RECORDED 4/14/2025 1 56 PM PAGES 4
Return to:Michelle Rubbo CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Community and Human Services COLLIER COUNTY FLORIDA
3339 Tamiami Trail E,Building H,Suite 213 REC$35.50
Naples,Fl 34112
File# FY25-30 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 A (3f 1 i , 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 Twelve Thousand Six Hundred Seventy-Six and 32/100
($12,676.32).
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
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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.
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
BOARD OF COUNTY COMMISSIONERS
COLL R COUNTY, FLORIDA,
By: ti//D/QS—
Amy Patters County Manager Date
(Authorized by Resolution 2001-292)
Approved to form Recommend Approval:
and eg. i
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Jef'� . . latzkow Kristi'S onntag
Count At \rney Director, Community and, man Services
DEVELOP ' Habitat for . umanity of Collier County, Inc.
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BY: Anima. / I
Print Name: U, /-1' . (...¢ kvc')
WITNESSES: WITNESSES:
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Address: 233 Po erii Si- Ad s: 1 /1/5 r(,n,),' __ l f
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STATE OF 1 LO IL-( b
COUNTY OF CC)LL 2
The foregoing instrumeRt was acknowledged before me by mean of 0 p sical pres n e or ❑ online notarization
this '). day of F\ p r1` , 2025, by Jtz✓_ t-DC - I r>f ouJ . Such person(s)
Notary Public must check applicable box:
're personally known to me.
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EXHIBIT "A"
Street
Parcel ID/Folio No. Number Street City, State Zip Legal Description
52659922781 2143 Younger Ln Immokalee, FL KAICASA LOT 122
34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS $67.50
B. GOVERNMENT BUILDINGS $443.94
C.JAIL $228.91
D. LAW ENFORCEMENT $296.56
E. LIBRARIES $159.78
F. COMMUNITY PARK $455.20
G. ROAD $6,950.00
H. REGIONAL PARK $1,230.24
I. SCHOOL $2,844.19
TOTAL IMPACT FEES $ 12,676.32
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