Agenda 01/13/2015 Item #16D 8 1/13/2015 16.D.8.
•
EXECUTIVE SUMMARY
Recommendation to approve two State Housing Initiatives Partnership Program releases of lien in
the amount of $17,685.96 for owner occupied affordable housing dwelling units where the
obligation has been repaid in full.
OBJECTIVE: To support the affordability of housing through the implementation of SHIP program
strategies.
CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances,the
County shall defer the payment of the impact fees for any new owner-occupied unit which qualifies
as affordable housing.
Section 74-401(a)(3)of the Code authorizes the County Manager to enter into a SLIP impact fee deferral
agreement with the owner or applicant. Under the SHIP Impact Fee Deferral program, when an eligible
applicant is approved for an impact fee deferral,the SHIP program pays the required impact fees in full to
the County on behalf of the applicant and defers the SHIP repayment to the applicant until the property is
sold, refinanced or no longer their primary residence. The deferred impact fees shall be a SHIP lien on
the property and any repayment made on the lien shall be repaid back to the SHIP Trust Fund.
The funds deferred for the construction of two residential dwelling units have been repaid in full. As
such, the repayment obligation has been fulfilled and a satisfaction and release of the SHIP lien is
needed. The following table contains details about the SHIP liens associated with this item.
SHIP Lien Payment Official
File# Name Property Address Amount Received Records
Jubilation 1159 Serenity Way Book: 3194;
03-096-IF Development Immokalee,FL 34142 $6,082.98 $6,082.98 PG: 0699
Corporation Recorded:01/10/03
Arnold 5374 Sholtz Street Book: 3289;
03-158-IF Augustin Naples,FL 34113 $11,602.98 $11,602.98 PG: 0306
Recorded:05/12/03
Total $17,685.96 $17,685.96
FISCAL IMPACT: A total of$17,685.96 has been repaid to Collier County and is considered program
income and has been deposited in SHIP Grant fund 791, project 33331. Such funds may be reused for
eligible SHIP program activities.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval.-JAB
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RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign two SHIP releases of lien where obligation have been paid in full.
Prepared By:Mandy Moody,Grant Support Specialist,Community and Human Services
•
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.8.
Item Summary: Recommendation to approve two State Housing Initiatives Partnership
Program releases of lien in the amount of$17,685.96 for owner occupied affordable housing
dwelling units where the obligation has been repaid in full.
Meeting Date: 1/13/2015
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist, Community&Human Services
12/3/2014 3:49:53 PM
Submitted by
Title: Grants Support Specialist, Community &Human Services
Name: MoodyMandy
12/3/2014 3:49:54 PM
Approved By
Name: TownsendAmanda
Title: Director-Operations Support, Public Services Division
Date: 12/16/2014 2:06:54 PM
Name: GrantKimberley
Title: Director-Housing, Human and Veteran S, Community &Human Services
Date: 12/16/2014 3:26:16 PM
Name: KushiEdmond
Title: Accountant, Community&Human Services
Date: 12/17/2014 8:13:51 AM
Name: SonntagKristi
Title:Manager-Federal/State Grants Operation,Community&Human Services
Date: 12/17/2014 8:33:13 AM
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Name: DoriaPriscilla
Title: Grants Coordinator,Community&Human Services
Date: 12/17/2014 8:43:16 AM
Name: RobinsonErica
Title: Accountant,Senior, Grants Management Office
Date: 12/17/2014 9:36:23 AM
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Division
Date: 12/22/2014 2:45:38 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 12/22/2014 3:42:09 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/23/2014 11:45:24 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 1/5/2015 1:39:39 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 1/5/2015 5:05:03 PM
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3182142 OR: 3289 PG: 0306
UCONDID is OFFICIAL UCOIDS of COLLIIS CONTI, FL
Prepared by: 0511212003 at 02:21PN DNIGNT 1. 000Ct, CUR
Patrick G.White UC PU 41.11
Ass%Collier County Att'y. Seta:
3301 Tinian Trail East FINANCIAL ADNIN 1100SING
Naples,FL 34112 INTINOFFICI
AM: LAUD 11ASD(403.2331)
File#03.158-IF
This space for recording
AGREEMENT FOR WAIVER OF 100% OF
COLLIER COUNTY IMPACT FEES FOR
SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
4L-
This Agreement for the W � "M act Fees is entered into this .. day of
-`M a.�.11 , 2003, by v tween Collier Co l,�Ca political subdivision of the State of
Florida, through its Board of Cotint mrnissiene herei :ft r,referred to as "COUNTY," and
Arnold Augustin, hereinafter
s . t► T csi l)vel stated as the"Parties."
2 ', ' ,: L.S.
WHEREAS, Collie b my Ordinance Noys,4200 -1 Collier County Consolidated
Impact Fee Ordinance, as it ,y further amended fr '' e to time, hereinafter collectively
referred to as "Impact Fee OrtI an s�r waiver of impact fees for new
owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for the waiver of 100% of the impact fees otherwise
required to be paid, as allowed by the Impact Fee Ordinance, and a copy of said application is on
file in the office of Housing and Urban Improvement Department;and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing
waiver of 100%of impact fees as set forth in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
l
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OR: 3289 PG: U3U-i
WHEREAS, pursuant to Section 74-201, E.1.b. of the Impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances, the County Manager is authorized to execute
certain Impact Fee Waiver Agreements; and
WHEREAS, by signing this Agreement, the County Manager will approve a waiver of
impact fees for OWNER in support of creating Affordable Housing, and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt an f which is hereby mutually acknowledged,
the Parties covenant and agree/ o vs
1. RECITALS INCORATEJ. The foregoing Recitals are true and correct and are
incorporated by refere h.
r fi 1 ---
2. LEGAL DESCRII�I N e eg ,' .j,scrip i. o `the dwelling unit and its site plan
(the "Dwelling VJ t") is attached as : ibi " ,' d is incorporated by reference
1'j+ N' l7
herein. \\.�--- '`
3. TERM. The terms of is 6 ap,`,i no longer than a period of fifteen (15)
'`- [ C -;,,=
years commencing from the date—the certificate of occupancy is issued for the
Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. during the term of this Agreement, OWNER's household earnings will not
exceed a low income as defined in the Impact Fee Ordinance, and the
OWNER's monthly payments to purchase and pay for the Dwelling Unit
will remain within the affordable housing guidelines established in the
Impact Fee Ordinance;
b. Owner is a first-time home buyer;
2
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OR: 3289 PG: 0308
c. during the term of this Agreement, the Dwelling Unit is, and will remain,
the homestead of the OWNER or any subsequent owner;
d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of$11,602.98,
as set forth in attached Exhibit"B," incorporated by reference; and
e. In return for the COUNTY waiving 100% of the impact fees owed by
OWNER, OWNER further covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordinance during the term of this Agreement.
5. SUBSEQUENT TRANSFER REPAYMENT. If during the term of this Agreement
' ,,.'-' _-----___.,,-J,,i/-;-,,. .,
OWNER sells the 1)0.'0144-Unit which tssubject to the impact tee waiver to a
subsequent purchaser yfhe Dwelling Unitrshall b sold only to persons or households
-,,
meeting the waiver pi uali ing rrter -set-_fort tttpthe Impact Fee Ordinance. In the
}I • K 7 l IL) i
case of any such s ,ie,olt,transfer fiy,;g ft': thepwelting!Unit,the succeeding qualified
i
OWNER shall bepor ie liable for the impact fees waived until the original fifteen year
term expires, or untiIthe conditions set forth` tit thel Impact Fee Ordinance and this
Agreement are satisfied, i e wT the Dwe1[tng Unit is sold or transferred to another
qualified purchaser.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing as defined in the Impact Fee Ordinance during the term of this
Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during
such period, the full amount of the waived impact fees shall be immediately paid to
the COUNTY, except that after fifteen (15) years the waived impact fees no longer
are required to be repaid.
7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and
continuing until paid or released, the dollar amount of the waived impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six
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OR: 3289 PG: 0309
Hundred Two dollars and 98/100 ($11,602.98), as set forth in attached Exhibit `B,' '�
except that after fifteen (15) years the waived impact fees no longer are required to be
repaid. This lien may be foreclosed upon in the event of default under this
Agreement. Provided that if the OWNER is the mortgagor. the COUNTY and
OWNER agree that by, and in consideration of a suitable security collateral being
provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and
interests arising under this Agreement are to be considered junior, inferior, and
subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted
in this Agreement, and regardless of any foreclosure on the first mortgage or other
security interest, such lie ;a[ • be superior and paramount to the interest in
the Dwelling Unit ft .,owner, less , r , mortgagee, or other person, except L'l that this lien shall be n.parity •with any lien r Cou. ty taxes.
8. RELEASE OF LI,EN...,, n atisf completion of this Agreement's
requirements at th end o the term • reement,or prior payment of the waived
impact fees with'', the fifteen (15) ye to i, th ' b UNTY shall, at the expense of
the COUNTY, record any necessary ocumn don •
evidencing such payment(s),
including, but not t m' ed`to, lease cif i it. % f
i E CW-
9. BINDING E1-1-ECT. This Ag s all run with the land and be binding upon the
Parties to this Agreement, their heirs, successors,and assigns
10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of
COUNTY in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the County Manager.
11. DEFAULT. OWNER shall be in default of this Agreement if:
a. OWNER fails to sell the Dwelling Unit in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty
(30)days of mailing of written notice of said non-compliance, or 1
4
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OR: 3289 PG: 0310
b. OWNER continues to violate any of the affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (15) days after
mailing of written notice of the violation.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (1) fail to comply with the said
qualification criteria at any time during the term of this Agreement; or (2)
violate any provisions of this Agreement, then the dollar amount of impact
fees waived shall be paid in full by OWNER to the COUNTY within thirty
(30)days of written_notif f said violation,except that after fifteen (15)
years the wain+ pact tees n , required to be repaid.
b. Should the OWNER otherwise be i\tilefault of this Agreement, and the
default/is not dd n i ejt 90 das after mailing of written notice to
n I i� ? ' l enforce the
the OWNS t U rin a civil action to e
`(7)tlF ' t' I
1
Agrees tertt\ -3
c. In addit a lien may be ltbejosiad or otherwise enforced by the
COUNTY, +
-�ett suit_,ta��oi"-quity including the foreclosure of a
mortgage on real propeny, e-COUNTY shall be entitled to recover all fees
and costs, including attorneys fees, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
5
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OR: 3289 PG: 0311
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
and year first above written.
Witnesses(as to both): OWNER 1:
1
c;ZD c....____---Th ,1 l �2 i, ( .•
Print Name t_o.)„,;en S "t',,-c,c.,t Arnold Augustin
, ,on ( ' OWNER 2:
Pnnt Name V foci
STATE OF F- \ o ,r\c. R CQ�I
COUNTY OF C 11 ► � " ??r=�
r
! r'
The foregoing Agreement v �cno edg`eiPbefore the is 4Lday of �Yi ci, _,
2003, by Arnold AugustinThe1y ! +r p ••uced Fc I)r • c«; of
identification) as identifica!ttont/ .
[ I `� - S'
. C '5_A /., D__-r
NOTARIAL SEAL f'`" �'
Signature af,.P,irrs'O . ... . Acknowledgment
,1,44„.4.,,,-, Lauren J. Beard TIi-E CI3
.:4f.-...c.\'• Commission NDD154064
k '• Expires:Oct 24,2006
,�i� k Bonded MIL
'��,,� Mitotic Bonding Co.,Inc
6
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OR: 3289 PG: 0312
COUNTY:
COLLIER COUNTY, FLORIDA
By: '-
JAS�IES V. MUDD,COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this S' day of 111.c
2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally ktkown to
me. COI
[NOTARIAL SEAL] 9 Signa ta-4Person Talfir Acknowledgment
9r..• Commission n 5a
Expires:Oct 2 E
'•? i01;:'' Bonded
Atlantic Bonding l t
7j," -11 /ja
AA
Approved as to form and ' qf`Approval Recommended
IYC
- :1 sufficiency `
V .
Patrick G. White Denton Baker, Director of Financial
Assistant County Attorney Administration& Housing
7
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OR: 3289 PG: 0313
EXHIBIT "A" ,'1
Arnold Augustin
LEGAL DESCRIPTION
LOT 19,BLOCK 11,NAPLES MANOR ANNEX,ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 1,PAGE 110, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT"B"
IM.CBEWN
r
Type of Im Pa ct Fee cp Amount Owed
A. Library Impact Fee -- ''`------,t''$214.0Q
B. Road Impact Fee 1` + 68�
C. Parks Impact Fee c,, ,,,, $ _ ' . X H D. EMS Impact Fee �. 3 Q E. Educational Facily Impact Fee $,1;7� .
ti
F. Correctional Facilities Iml3act c .98
G. Water Impact Fees $2,570.00
H. Sewer Impact Fees $2,950.00
TOTAL IMPACT FEES WAIVED $11,602.98
R
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tht OR: 3289 PG: 0314 X
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► 11 N�DLGS /07A4.Joi -44 D-
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Prepared by:Mandy Moody
Collier County
Community and Human Services
3339 E.Tamiami Trait,Building H,#211
Naples,FL 34112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is
3299 E. Tamiami Trail, Naples, Florida 34112, the owner and holder of a certain Impact Fee
Agreement executed by Arnold Augustin to Collier County, recorded on 05/12/03 in Official
Records Book 3289, Page 0306, of the Public Records of Collier County, Florida, in
consideration of $11,602.98, receipt of which is hereby acknowledged does remise, release,
quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain
portion of the premises conveyed by said lien, described in the aforementioned Impact Fee
Agreement.
The undersigned is authorized to and does hereby release this Lien with respect to the above-
named property, and consents to this Lien being forever discharged of record with respect to said
property.
This Release of Lien was approved by the Board of County Commissioners on -
, 2015,Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Tom Henning, Chairman
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney ( NN
ti
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1/13/2015 16.D.8.
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3108790 OR: 3194 PG: 0699
RICORDID in OFFICIAL WORDS of COLLIIR CO111T, FL
Prepared by: 01/10/2003 at 01:23!1 DVIGRT I. BIOCI, CLIII
Patrick G.White UC FIR 37.50
Ass't.Collier County Att'y. Reti:
3301 Tandem'Trail East FIIAICIAL ADAIR it HOUSING
Naples,FI.34112 INTIROFFICI
ATTN: LAU1I1 BIARD(403-2335)
File#03.096-IF
This space for recording
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the Defe. : , •act Fees is entered into this.`day of
tIee.k .u.... _, 2002 by and4 een Collier Co T?, A litical subdivision of the State of
Florida, through its the Boatxi`i oyttantze\Commisskinrrs, heceiriafter referred to as "COUNTY,"
/ t
and Jubilation Development $ t rl ; i
p ta4;t� f d t+� as "OWNER," collectively
stated as the"Parties." ,-., !, �,,
RECITA '4.. .
0
WHEREAS, Collier C �nt Ordinance No. 21`x,12'1 he Collier County Consolidated
Impact Fee Ordinance, as amended . � may be further amended from time to
time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of
impact fees for new owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by
the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial
Administration and Housing Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application and has found that it complies with the requirements for an affordable housing 100%
deferral of impact fees as set forth in the Impact Fee Ordinance; and
1
i
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OR: 3194 PG: 0700
WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee deferral; and
WHEREAS, pursuant to Section 74-201, E.1.b. of the Impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances, the County Manager is authorized to execute
certain Impact Fee Deferral Agreements; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY,and
WHEREAS, by signing this Agreement, the County Manager will approve a deferral of
impact fees for OWNER in support of able Housing.
NOW, THEREFORE, � ideration o!f t�h�fZ�egoing Recitals, and other good and
valuable consideration, the ; i t end-sufficieiicy,pf whic is hereby mutually acknowledged,
the Parties covenant and agree a 1 . 41w
1. RECITALS INCrpR' R •. e rego g R ua,s are true and correct and are
incorporated by rnce herein.
2. LEGAL DESCRIER The legal desc p' �. c e dwelling unit and its site plan
(the "Dwelling Uni \-'�.�` � " "
( g t ) ts,att��� tbit A, and is incorporated by reference
herein. j''�
3. TERM. The term of this Agreement is for no longer than a period of fifteen (15)
years commencing from the date the certificate of occupancy is issued for the
Dwelling Unit. During this term the Dwelling Unit must remain as affordable
housing and may only be offered for sale in accordance with the standards set forth in
the Impact Fee Ordinance and this Agreement.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. OWNER's household earnings will not exceed the limit for low income as
defined in the Impact Fee Ordinance, and the OWNER's monthly
1
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OR: 3194 PG: 0701
payments to purchase and pay for the Dwelling Unit will remain within
the affordable housing guidelines established in the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
c. The Dwelling Unit is, and will remain, the homestead of the OWNER or
any subsequent owner;
d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of$6,082.98,
as set forth in attached Exhibit "B," incorporated by reference; and
e. In return for the COUNTY deferring repayment of 100% of the impact
fees owed by OW► ' . • • no later than the expiration of the TERM,
-VE,R CO i
OWNER • 'en.- 1 1 frees to comply with the affordable
�.
house i �f act fee deferral qualific• ion riteria detailed in the Impact Fee
Ordinance during t e.-term of this Ag�ment.
l ! IEEE IT ' Dwelling 5. SUBSEQUENT A S , l tom- Ifil NER sells the Dweliin Unit
which is subje�t;tb the impact tee de erral t° a subequent purchaser, the Dwelling
Unit shall be soid,nJy to persons or ft s holidsmeeting the deferral qualifying
\r L1
criteria set forth in t (t tpac�tee Ordi e.' ..P- fthe case of sale or transfer by gift of
the Dwelling Unit, the orr m O-NER- shall remain liable for the impact fees
deferred until said impact fees are paid in full or until the conditions set forth in the
Impact Fee Ordinance and this Agreement are satisfied.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing as defined in the Impact Fee Ordinance during the term of this
Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during
such period, the full amount of the deferred impact fees shall be immediately repaid
to the COUNTY.
7. LIEN. Owner agrees that. commencing on the effective date of this Agreement and
continuing until paid or released, the dollar amount of deferred impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty-
1
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OR: 3194 PG: 0702
Two dollars and 98/100 ($6,082.98), as set forth in attached Exhibit "B." This lien
may he foreclosed upon in the event of default under this Agreement. Provided that if
the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in
consideration of a suitable security collateral being provided by the OWNER to the
COUNTY, then all of the COUNTY'S lien rights and interests arising under this
Agreement are to be considered junior, inferior, and subordinate to each first
mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and
regardless of any foreclosure on the first mortgage or other security interest, such lien
shall otherwise be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgageeer-er er person, except that this lien shall be on
parity with any lien fo es. 'Try`
8. RELEASE OF L:IEJ. Upon satisfactory completion of this Agreement's Ilt i
requirements, inr"ludiing„paymentAcif'the da,,erred it pact fees, the COUNTY shall, at
the expense of the O N Y r\177+o n e ar documentation evidencing such
CI ' 1f",
payment, includ ; ut not limited to, a leas' of Ø .J
✓� ,/
9. BINDING El i C t is Agreement sha'L't yvttla,te land and be binding upon the
Parties to this Agreett3ent) ('tc.,heiirs, su ces r�s/` °,,aandd assigns
N,, LIB, ( < --�%''
10. RECORDING. This Agreetrten- hal recorded by COUNTY at the expense of
COUNTY in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the County Manager.
11. DEFAULT. OWNER shall be in default of this Agreement if:
a. OWNER fails to sell the Dwelling Unit in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty
(30) days of mailing of written notice of said non-compliance, or
b. OWNER continues to violate any of the affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (15) days after
mailing of written notice of the violation.
4
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011: 3194 PG: 0103
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (1) fail to comply with the said
qualification criteria at any time during the fifteen (15) year term; or (2)
violate any provisions of this Agreement, then the dollar amount of impact
fees deferred shall be paid in full by OWNER to the COUNTY within thirty
(30)days of written notification of said violation.
b. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing of written notice to
the OWNER, the CO ► may bring a civil action to enforce the
Agreement. ���` . '
c. In addition, t° lien may be forecl d, •r otherwise enforced by the
COUNT by ction • . +r in la or e s uity eluding the foreclosure of a
mortgag o t,�n d p rty. e# f ` " s allbe entitled to recover all fees
and cost r1 eluding attorneys -s, ,lus -st at the statutory rate for
judgments aced on a calendar ntil paid.
-FIE 1
S
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OR: 3194 PG: 0704
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses: Jubilation Development Corporation:
444,4/1144.0(._ nay _! , .
Print Name "I#FENCE AI S/.7 By: Richard J. Nog. - side
Nht-1-1-A
c
Print Name tarty€J fc,
pc_Z
STATE OF Ce-10, i4 )
COUNTY OF coccrE e )
The foregoing Agreement was a ewl :- • before me this I�day of been iy_,
2002, by Richard J. Nogaj, Presider t*lull. ',•j j D elopment Corporation. He is personally
known to me. ®\.
f )
[NOTARIAL SEAL/1f 1, A j ( � ■I v•
„„ sawn rxu ( 'pft ,n Taking Acknowledgment
3 1".”
N. •aMeeztl — I„...,
woo ironmi4 .COLLIER COP 1'Y, FLOItI i 1/
N,71 By: _ ', _7-l/
J ES°V flD, COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this 10 day of -(�.
2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally know to
me.
,'"1 - -----_ ,5____,(4
[NOTARIAL SEAL] Signature of Person-Taking Acknowledgment
Approved as to form and Reco i mend App oval
legal suffIli, ciency:
PIPA IA , ' i
Patrick `.r” V $ "'' Denton Baker, Interim Director
Assistant County Attorney of Financial Administration & Housing
A
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• 1/13/2015 16.D.8.
OR: 3194 PG: 0705
EXHIBIT"A"
LEGAL DESCRIPTION
Jubilation Development Corporation
Lot 23, of the Jubilation Subdivision, according to the plat thereof, as recorded in Plat
Book 37, Pages 4 through 7,inclusive,of the Public Records of Collier County,Florida.
EXHIBIT"B"
IMPACT FEE BREAKDOWN
Type of Impact Fee v-vER CQ
�� ;Owed
A. EMS Impact Fee / $93
B.
Correctional Facilities Itn act Few , 7
C. Library Impact Fei 10 .`/
arY P (I) 1 1 00
j `
D. Parks Impact Fee: �' 95,E
,_- ' /,.z,/ ,
E. Educational Facilitie. 13/,8 m Impact Fee
F. Road Impact Fee ___--�A15pp
i TIE C1'
TOTAL IMPACT FEES $6,082.98
PO mti
For &Agreement iAnlisgn/100%Deferral Agreement(081602 1012) I
7
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...... Jubilation Plan
*** OR: 3194 PG: 0706 ***
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LAKE TRAFFORD ROAD
Packet Page -1414-
1/13/201516.D.8.
Prepared by:Mandy Moody
Collier County
Community and Human Services
3339 E.Tamiami Trail,Building H,#211
Naples,FL 34112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is
3299 E. Tamiami Trail, Naples, Florida 34112, the owner and holder of a certain Impact Fee
Agreement executed by Jubilation Development Corporation to Collier County, recorded on
01/10/03 in Official Records Book 3194, Page 0699, of the Public Records of Collier County,
Florida, in consideration of $6,082.98, receipt of which is hereby acknowledged does remise,
release, quitclaim, exonerate and discharge from the lien and operation of the said agreement,
that certain portion of the premises conveyed by said lien, described in the aforementioned
Impact Fee Agreement.
The undersigned is authorized to and does hereby release this Lien with respect to the above-
named property, and consents to this Lien being forever discharged of record with respect to said
property.
This Release of Lien was approved by the Board of County Commissioners on -
,2015,Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Torn Henning, Chairman
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney ,�C? \\�
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