Agenda 09/22/2015 Item #16D 5 9/22/2015 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve two releases of liens for full payment of a deferral of 100 percent of a
countywide impact fee for owner occupied affordable housing dwelling unit.
OBJECTIVE: To support the affordability of housing in Collier County through the Collier County
Impact Fee Deferral Program.
CONSIDERATIONS: Pursuant to Section 74-401 of the Collier County Code of Ordinances the County
shall defer the payment of the impact fees for any new owner-occupied dwelling unit which qualifies as
affordable housing.
Section 74-401(3) of the Code authorizes the County Manager to enter into an impact fee deferral
agreement with the owner or applicant. The deferred impact fee shall be a lien on the property and
the agreement shall be accepted by the County in lieu of prompt payment of the impact fee that
would otherwise then be due and payable but for the agreement. The impact fees deferred for the
construction of the below residential dwelling units have been repaid in full. As such, the repayment
obligation has been fulfilled and releases of lien are needed. The following table sets forth the details
associated with this item.
Name Property Address Payoff Official Records Public
Amount Record
Jermila Griffin 13702 Legacy Lane $17.028.95 OR Book: 4282, PG: 2482
Naples,FL 34103
Virginia D. 4500 Botanical Circle. #104 $8,712.70 OR Book: 3975,PG: 2251
Manderscheid Naples, FL 34112
Total $25,741.65
FISCAL IMPACT: Collier County impact fee deferral funds in the amount of $25,741.65 have been
repaid and have been deposited to the individual impact fee trust funds as required
Property Owner Impact Fee Interest Total Deferral Type
Assessed
Jermila Griffin $13.616.20 $3,412.75 $17.028.95 Countywide
Virginia D. $6,970.16 $1,742.54 $8,712.70 Countywide
Manderscheid
Total $20,586.36 $5,155.29 $25,741.65
GROWTHMANAGEMENTIMPACT: There is no growth management impact associated
with this Executive Summary.
LEGALCONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
Packet Page -1320-
9/22/2015 16.D.5.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign two attachments below for full p ay me n t of a deferral of 100 percent of Collier County
impact fee for owner occupied affordable housing dwelling unit.
PREPARED BY: Mandy Moody, Grant Support Specialist,Community and Human Services
Attachments: Two Impact Fee Liens,Two Releases of Lien, and Two Receipts of Payoff
Packet Page -1321-
9/22/2015 16.D.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to approve two releases of liens for full payment of a
deferral of 100 percent of a countywide impact fee for owner occupied affordable housing
dwelling unit.
Meeting Date: 9/22/2015
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist,Public Services Department
8/26/201.5 3:26:08 PM
Submitted by
Title: Grants Support Specialist, Public Services Department
Name: MoodyMandy
8/26/2015 3:26:09 PM
Approved By
Name: GrantKimberley
Title: Division Director-Cmnty &Human Svc, Public Services Department
Date: 9/2/2015 10:17:03 AM
Name: TownsendAmanda
Title: Division Director-Operations Support, Public Services Department
Date: 9/4/2015 4:37:54 PM
Name: AlonsoHailev
Title: Operations Analyst,Public Services Department
Date: 9/8/2015 1:07:52 PM
Name: PattersonAmy
Title: Division Director-IF, CPP &PM, Growth Management Department
Date: 9/8/2015 2:31:04 PM
Packet Page -1322-
9/22/2015 16.D.5.
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 9/8/2015 3:24:45 PM
Name: CarnellSteve
Title: Department Head-Public Services, Public Services Department
Date: 9/8/2015 3:47:06 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/8/2015 4:02:33 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/9/2015 10:14:55 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 9/11/2015 10:53:56 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/14/2015 1:01:52 PM
Packet Page -1323-
3777659 OR: 9/22/201516.D.5.
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
02/01/2006 at 02:40?K DWIGHT E. BROCI, CLERK
RIC FEE 69.50
Return to: Reta:
Lauren Beard INTEROFFICE/LAURIE BEARD
Collier Count} OSH COLLIER COUNTY OSH
2800 N.Horsehsoe Drive 403-2338
Naples,FL 34104
File# 06-039-IF
This space for recording
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR OWNER OCCUPIED AFFORDABLE HOUSING UNITS
This Agreement for the Deferral" $J o impact Fees is entered into this /' day of
January, 2006, by and between./dater County, a pollttcalliubdivision of the State of Florida,
i
through its the Board of County Commissianers,..hereinafter referred to as "COUNTY," and
\
Virginia D. ManderscheidP herei tevr- erred �
s—" WNER," collectively stated as the
i Ar V
(a F Rr I { $0 f
a t r .
"Parties.' � i
RECITALS:
WHEREAS, Collier Crn nty„. Ordinance No 2005-4O,,'codified in Code of Laws and
Ordinances (Code) as Section 74-401, esibl sheCl"-a{i Affo dable Housing Impact Fee Deferral
Program (Program); and such regulations are collectively referred to as the "Impact Fee
Ordinance," which 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 Depaitulent; 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
Page 1 of 7
Packet Page -1324-
9/22/2015 16.D.5.
OR: 3,,J ru; 4402
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 Code Section 74-201, E.l.b. of the Impact Fee Ordinance, 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 creating Affordable Housing.
NOW, THEREFORE, in co ,qrao :q foregoing Recitals, and other good and
y �.. rat r •,
valuable consideration, the receipt tI sufficiency of wJi c is hereby mutually acknowledged,
the Parties covenant and agree as;fotIpw_s: ---. ;
I. RECITALS INCORPORASE ` [he foregizsingf°ecitals are true and correct and are
if f , t i rf
4A
incorporated byireforence herein t
2. LEGAL DESCR\MTION. The legal dest ption of.lhedwelling unit and its site plan
(the "Dwelling Umt' -is,attached as Exhibit "A,° and is incorporated by reference
herein.
3. TERM. The term of this Agreement commences from the date the certificate of
occupancy is issued for the Dwelling Unit until repaid. Repayment occurs upon the
sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the
homestead exemption. 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
Page 2of7
Packet Page -1325-
OR 3( 9/22/2015 16.D.5.
. _ . _ . ,,. YYVV
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 Six
Thousand Nine Hundred Seventy dollars and 16/100 ($6,970.16), as set
forth in attached Exhibit"B," incorporated by reference; and
e. In return for theCQt:Fi9—deferring repayment of 100% of the impact
fees owed/b-y;Sp ' R unhh~nQ'\l er\than the expiration of the TERM,
OWNER 'enants and agrees o comply with the affordable
`s.µ_ ---,e`\ \
housing ilip.actifee_eltfei*44kftc4t4 criteria detailed in the Impact Fee
ing the term o"11-this
nce gr ement.
5. SUBSEQUENT TRANSFER; REPAYMENT If'Q NER sells the Dwelling Unit
• \
\
which is subject to ie,impact fee deferr' '
subsequent purchaser, the Dwelling
4
,
Unit shall be sold onlietbersons_or—litiuS0holas meeting the deferral qualifying
e.�-
criteria set forth in the Impac't`Fee-Fri In the case of sale or transfer by gift of
the Dwelling Unit, the original OWNER 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. Repayment occurs upon the
sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the
homestead exemption. Repayment shall include any accrued interest. Interest shall
be computed at the rate of five percent (5%) per annum, but in no event shall it
exceed twenty-five percent (25%) of the total fee amount.
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
Page 3 of7
Packet Page -1326-
OR' 39 9/22/2015 16.D.5.
.+ a v• L L.J Z
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 Nine
Hundred Seventy dollars and 16/100 ($6,970.16), as set forth in attached Exhibit "B."
This lien may be foreclosed upon in the event of default under this Agreement.
Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that
by, and in consideration of a suitable security collateral being provided by the
OWNER to the COUNTY, then-a he.COUNTY'S lien rights and interests arising
under this Agreement''a i e considered. iihro.r, inferior, and subordinate to each
first mortgage on The D'weliing_Unit. Except as,elsewhere noted in this Agreement,
' A
and regardless of any f„ ,clos ..o `ntheirst mortage or other security interest, such
` r\ (\ r
lien shall otherwise:be uperici dlparrnount to the interest in the Dwelling Unit of
` I �. I
any owner, lessee;tennt mortgagee, or Cher ersort exce t that this lien shall be on
Y � ,.� �? P P
parity with any lienTfor2County taxes. ' y
8. RELEASE OF LIES$ tl:pp to?y completion of this Agreement's
requirements, including paym``nt-of-The`Ieferred impact fees, the COUNTY shall, at
the expense of the COUNTY, record any necessary documentation evidencing such
payment, including, but not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall 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
OWNER in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the County Manager.
1 1. 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
Page 4 of 7
Packet Page -1327-
OR: 397! 9/22/2015 16.D.5.
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.
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-e;f-tiffs,,-Agreement, then the dollar amount of impact
_
fees deferred e-paid m 1 `Q IER to the COUNTY within thirty
,!` `t
(30) days Af written notification of said`violation.
/
-'- \
b. Should/the/OWN,El ua i rwise bin *fault of this Agreement, and the
F° Erg'
default is not cured within ninety(90) ys' after mailing of written notice to
the OWNER, the COUNTY ` tiaybring°"a` civil action to enforce the
Agreement _
' f
c. In addition, the lie --maybe fo`r ec)osed, or otherwise enforced by the
COUNTY, by action-Or•-sui-t-iniaw or equity including the foreclosure of a
mortgage on real property. The 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.
Paae5of7
Packet Page -1328-
OR: 397! 9/22/2015 16.D.5.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses: OWNER:
' -.3142-1/1,1 - C,, - . .
Print Name �4 V S 4 J�'u/ L ! ,L ,d,U-16.A1 LI,Lii L'f1.(�t,p`
Virgi is D. Maerscheid
Print Name s j?/b i L. I 11Ortf S°N
STATE OF FL,, l k- )
COUNTY OF ( o 8,ui )
The foregoing Agreement wg llo _a bi'tire me this /8 day of January, 2006, by
Virginia D. Manderscheid �'_i"Ijhey are person l % .'`known to me or have provided
€'�. L../ as i en ' cation. \
e CtwdMkw L Cuon o — = \ �
My Commission D0328579"'
t Tl b -1', _W 0
M E�pirra knf,,, , IIOE I l f G ' : r' /1
{NOTARIAL SEAL] ! 'Sigrla ure'of�,Person, aking Acknowledgment
i l ,
COLLI°ECOUNTY, FLORIDA
" -AME V. MUDD, COUNTY MANAG'R
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this 3/ 51-day of January, 2006, by
JameF V. Mudd. County Manager, on behalf of the COUNTY. e is persona y knor to me.
r
[NOTARIAL SEAL] Signature of Person Takirfg Acknowledgment
A; i ro :• . to form and Rec mmend Approval
le;l 'le :. y:
t .
l'al au. \ ' r ,....c...._____
Jeffr"y .}tzkow Denton Baker, Director of
Assi an' t unty Attorney Operational Support & Housing
;.<�Y.P,e,. Lauren J. Beard
_2 -,,�; Commission#DD 159084
::,,,;. ,e=Expires:Oct 24,2006
Page 6 of 7 'ioa �oQ: Bonded Thru
",,"" Atlantic Bonding Co.,Inc.
Packet+ Page -1329-
OR: 39 9/22/2015 16.D.5.
EXHIBIT `EA"
LEGAL DESCRIPTION
VIRGINIA D. MANDERSCHEID
UNIT 104, BUILDING 4, BOTANICAL PLACE,A CONDOMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF
RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT"B"
IMPACT-07E AKDOWN
lei
Type of Impact Fee =` Amotttr Owed
A. EMS Impact Fee ,`' / — $93.00 \
7 C.-7,‘,
B. Correctional FaciIities<<Impaot e6 ', h. ),; > $117,98
C. Library Impact Feel ° $4,3168
D. Community Parks Impact Fee
E. Regional Parks Impact:Fee $4671:3'
F. Educational Facilities System [np ct ee�b 8L7.00
G. Road Impact Fee $2,662.00
H. Government Buildings Impact Fee $129.22
I. Sewer Impact Fee $2,010.00
TOTAL IMPACT FEES $6,970.16
PGW Approved I 1 07.05
Page 7 of 7
Packet Page -1330-
*** OR' 3. r c 9/22/2015 16.D.5.
• • v a v• Ile 4JV
BfrorSHORE DRIVE
_.
.!rE r.esam.,nu { racscrsK
aa+•aa a�a ux[s
5?.
,...R
Zt; fir- _� � � � :::
ji; a
an r_. Lri RI am
— - _ L '1 Q a �, ,,
i 412k°I 1 1 . I ::
•• 't i 23 pi I t
... du:ar` ,-,=..,- ,s � t�E r r ins
0. • y N/ -raw;?��y". - ;�i F p F
/Lys r�
N 1 p\Is
MI ' t �'4 t II
X* a s 'i'', ‘ A\ ' )10 r ''',1 , I Pi t s .....
:::: .
. , ,s„...„.....„, ,, •,..... .0.....„. ......, ,. , :4, .
.... �'' a �] -., ....-
...
g .' ,----fx
,, 2 r- 1
\ W ' _ _,‘„,, ,,,,E ,,,,,,„..„.:, ,_ . _, ,_ ,:,:
e .„. i .. ........
j ....
.,....
..
,::: if 1 or 1
�, E 1 • ! o,,,,)
It I
ON
9 4
if:: Irs-1 I 8
. 115 -T” V
irellio 014 Old
Ii ..4Iuildin5 _
1
PERMIT SET S -s 7 f�S
C ` i STOFFT I BOTANICAL PLACE GARAGES 1 r----"---1-21
. 1# I COONEY i BAYSHORE DRIVE :=..
f ARCHITECTS,LLC 5 I COWER cc acr? nnctax FLORIDA --- -__
aa4xz.mn • Dim.Nam rtr. •+ss++vnmv.
Packet Page -1331-
Collier County 9/22/2015 16.0.5.
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2015250378
Transaction Number: 2015-030846
Date Paid: 06/09/2015
Amount Due: $8,712.70
Payment Details: Payment Method Amount Paid Check Number
Check $8,712.70 45175
Amount Paid: $8,712.70
Change / Overage: $0.00
Contact: Noble Title &Trust LLC
2647 Professional Circle Ste 1203
Naples, FL 34119
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
Fee Paid
Deferral M/F Community Park MS20150007525 $498.15 $498.15 346-156410-324103-31346.1
Deferral M/F Regional Park MS20150007525 $497.13 $497.13 346-156405-324103-31346.1
Deferral M/F EMS Payoff MS20150007525 $93.00 $93.00 350-140470-324103-31350.1
Deferral M/F JAIL Payoff MS20150007525 $117.98 $117.98 381-110430-324103-31381.1
Deferral M/F LIBRARY MS20150007525 $135.68 $135.68 355-156190-324103-31355.1
Payoff
Deferral M/F ROAD Payoff MS20150007525 $2,662.00 $2,662.00 333-163653-324103-31333.1
D2
Deferral M/F SCHOOL MS20150007525 $1,033.75 $1,033.75 113-000000-209050
Payoff
Deferral M/F GOVT BLDG MS20150007525 $129.22 $129.22 390-122231-324103-31390.1
Payoff
Deferral M/F SEWER MS20150007525 $2,010.00 $2,010.00 002-138770-324103
Payoff
Interest PARKS MS20150007525 $248.81 $248.81 346-989010-361190-99346.1
Interest EMS MS20150007525 $23.25 $23.25 350-989010-361190-99350.1
Interest JAIL MS20150007525 $29.50 $29.50 381-989010-361190-99381.1
Interest ROAD D2 MS20150007525 $665.50 $665.50 333-989010-361190-99333.1
Interest GOVT BLDG MS20150007525 $32.31 $32.31 390-989010-361190-99390.1
Interest SEWER MS20150007525 $502.50 $502.50 002-989010-361190
Interest LIBRARY MS20150007525 $33.92 $33.92 355-989010-361190-99355.1
Cashier Name: AmandaBayoumi
Batch Number: 4520
Entered By: fleishmanpaula
Packet Page -1332-
9/22/2015 16.D.5.
PAY OFF AMOUNT CALCULATIONS
Client Name Manderscheid,Virginia
Impact Fee Deferal agreement signed : 1/18/2006
OR Book: 3975 PG 2251
Annual interest of 5%, not to exceed 25% Total Lien Agreement
5%
Per diem rate
Year 1 11/6/2008-11/6/2009 365 days @ 0.95 daily per diem rate
Year 2 11/6/2009-11/6/2010 365 days @ 0.95 daily per diem rate
Year 3 11/6/2010-11/6/2011 365 days @ 0.95 daily per diem rate
Year 4 11/6/2011-11/6/2012 365 days @ 0.95 daily per diem rate
Year 5 11/6/2012-11/6/2013 365 days @ 0.95 daily per diem rate
Total accurred interest
As of 05/05/15 Payoff amount due:
Packet Page -1333-
9/22/2015 16.D.5.
$6,970.16
$348.51
$0.95
$348.51
$348.51
$348.51
$348.51
$348.51
$1,742.54
$8,712.70
Packet Page -1334-
9/22/2015 16.D.5.
Prepared by: Mandy Moody
Collier County Community and Human Services
3339 E. Tamiami Trail, Building H,#2I I
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(s) and holder(s) of a certain Lien Agreement for Deferral of
100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units (the "Impact Fee
Lien") executed by Virginia D. Manderscheid to Collier County, recorded on 02/01/06 in Official Records
Book 3975, Page 2251, of the Public Records of Collier County, Florida, in consideration of $6,970.16 plus
interest, receipt of which is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and
discharge the Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly
described as follows:
Unit 104, Building 4, Botanical Place, A Condominium, According to the declaration of condominium
thereof recorded in the official records book 3933, Page 2655, of the Public Records of Collier County,
Florida.
The undersigned is authorized to and does hereby satisfy and 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.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, CLERK COUNTY, FLORIDA.
By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Dated: Approved as to form and legality:
(SEAL)
Jennifer A. Belpedio
Assistance County Attorney r;
Packet Page -1335-
4073175 nn. "" Tn. 1AA�
/171 RECORDED in OFF 9/22/2015 16.D.5.
09/17/2001 at 03:11PM um
B. BROCK, CLERK
VReturn to RBC FEE 27.00
Frank Ramaey
COPIES 3.00
Collier County NHS Rath:
3301 E.Tamiami Trail CURE 70 THE BOARD
Naples,Florida 34112 IRTEROFFICE 4TH FLOOR
File#07-118-IF 111 8406
LIEN AGREEMENT FOR DEFERRAL OF 100%OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this_ )f, day of July,2007,between Collier County,a political
subdivision of the State of Florida(COUNTY)and"Jermila Griffin"(OWNER),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 dwellin 4-is-attached as Exhibit"A."
3. The term of this Agreement is;vtt0.11edate se,.£orlis nve until the impact fee is repaid.
i
4. The amount of the impact fees-deferred shall be paid the COUNTY in full upon: a) the
/ v
sale of the dwelling unit; b).tbr,,,refii ricinge€ttia ve:J iig unit; c)a loss of the homestead
exemption; or d) the ifizsf=occurrence pf any a a a(transfer of any part of the affected real
�
'
property,and in any suc vent the deferred iin ct fees shall/be paid in full to the COUNTY
not later then the closing'o€the,sale,or not later then'the effective date of the transfer. As set
forth in Exhibit `B," the arnn`unti-.9f-,the-def re4d impact fees is Thirteen Thousand Six
Hundred Sixteen and 20/100 Dollars t tt3,Ti16.20). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five percent(25%)of the total fee amount.
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. 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. Except as provided by law,regardless of any foreclosure on the first 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.
7. In the event the OWNER 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 OWNER, the COUNTY
Packet Page -1336-
9/22/2015 16.D.5.
may,at its sole option,collect the impact fee amount in default 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 year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein,and shall be binding upon the OWNER'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: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA,
By: 11 Q•C : By: /_ iis /i' 11IZ( }'
, Clerk ,• S COL TTA, AIRMAN
J(tttst'as t o �,, �.f)¢
o il: r r
C",4 �: '' - ._ .-(5WNER''. `', I
With ses: / r ;,s y '_ c77
a.00 P t Name AWRIONSIN a'' i rmila Griffin
�f w
O "NER
PrintNameO (' .try/ )16_1o4E_
STATE OF FLORIDA)
COUNTY OF COLLIER) j
The foregoi�g Aggree ent was acknowledged before me this ,2 6 day of )qty ,
2007, by �Pcc'- ci r «, , w o is personally known to me or has produced
as proof of identity.
ITA;tikL SEAL] t . 1 1 �/ i
Signature of Person Taking Ackno edgment
Ap• o -• • to form Recommend App i.val:
and e;ll 14i. •• y:
ii!IYIk _,,/(----, ,..„ '
Je i •'Klatzkow Marcy Krum sine,MPA
Man i I Assistant County Attorney Director
1 Collier County Housing and Human Services
Packet Page -1337-
9/22/2015 16.D.5.
EXHIBIT"A"
LEGAL DESCRIPTION
Lot i 15,Trail Ridge,according to the plat thereof,
as recorded in Plat Book 44,Pages7l through 77,
inclusive,of the Public Records of Collier County,Florida.
EXHIBIT"B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $100.59
B. Correctional Facilities Impact Fee $62.14
C. Library Impact Fee $368.18
D. Community Parks Impact Fee $750.00
E. Regional Parks Impact Fee $1,659.00
F. Educational Facilities System Impact Fee $827.00
G. Road Impact Fee f.��, $3,731.00
cc. H. Government Buildings I n aet Fee *. ' $150.24
cv I. Law Enforcement Impact'Fee"'---.,,, ` ' \ \ $83.05
J. Sewer Impact Fee ( y
co K. Water Impact Fee �, '! `- `---' �— �a-- r $2,760.00
•ate TOTAL IMPACT FEES ,w $13,616.20
c
�j.
K 1 >`
•
JAK Approved
Packet Page -1338-
9/22/2015 16 D 5
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2015259186
Transaction Number: 2015-039654
Date Paid: 07/20/2015
Amount Due: $17,028.95
Payment Details: Payment Method Amount Paid Check Number
Check $17,028.95 32111
Amount Paid: $17,028.95
Change / Overage: $0.00
Contact: Habitat for Humanity of CC Inc
11145 Tamiami Trail East
Naples , FL 34113
FEE DETAILS:
Fee Description Reference Number Original Amount OL.Account
Fee Paid
Deferral M/F Community Park MS20150009521 $750.00 $750.00 346-156410-324103-31346.1
Deferral rii/F Regional Park 61520150009521 51,659.00 $1,659.00 346-156405-324103-31346.1
Deferral M/E EMS Payoff MS20150009521 $100.59 $100.59 350-140470-324103-31350.1
Deferral NW- JAIL Payoff MS20150009521 $62.14 $62.14 381-110430-324103-31381.1
Deferral M/F LIE3RARY MS20150009521 $368.18 $368.18 355-156190-324103-31355.1
Payoff
Deferral M/F ROAD Payoff M520150009521 $3,731.00 $3,731.00 336-163656-324103-31336.1
D4
Deferral M/F SCHOOL M520150009521 $1,034.28 $1,034.28 113-000000-209050
Payoff
Deferral M/F GOVT BLDG 61520150009521 $150.24 5150.24 390-122231-324103-31390.1
Payoff
Deferral 61/F WATER PIS-2-0170009721 $2,760.00 62,760.00 002-136770-324103
Payoff
Deferral M/F SEWER M7,7015000952:. 23,125.02 5,3,127,00 002- 138770-324103
Payoff
Deferral MI5 LAW ENF M5201.570-0952.1 $83.05 $83.03 385-113433-324103-31385.:
Payoff
Interest P,L,RK5 M520150005521 $603179 $603.79 346-989010-361190-99346.1
interest EMS m520150008521 $25.21 $25.21 350-989010-361190-99350.1
Interest AIL MS20150009521 $15.57 $15.57 381-989010-361190-99381.1
Interest LIBRARY M$2010009521 592.25 $92.28 355-989010-361190-99355.1
Interest ROAD D4 M520150009521 $935.13 $935.13 335-989010-361190-99336.1
Interest WATER M520150009521 2591.76 5691.76 002-989010-361190
Interest SEWER M520150009521 $703.77 2751.25 002-989013-361190
interest LAW ENS 6152015000952.1 $20.82 $20.52 385-989010-361190-993E5.1
Interest GOVT BLDG 61E20150009521 $37.62 237.60 390-989010-361190-99390.1
Cashier Name; LeaDerence
Batch Number: 4606
Packet Page -1339-
•
9/22/2015 16.D.5.
« - §¥g
\af=
- k )fi
r
)
£
_( P..)� /
} \
\
co / �Z
(
CO
\ •
a (0
\ \
(A \\�
\ \ /(�
\ / 2f
a •
\
IT %
» & 2}k
*8; \ I0
\
\
{ § \ \
a & /^
CO \ \/\
f3
CO / -
\ ? \\
. �Z
( 1=-4
§ /
\ \
\
\ / \
: & ±
Packet Page -1340- . ;
9/22/2015 16.D.5.
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(s) and holder(s) of a certain Lien Agreement for Deferral of
100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units (the "Impact Fee
Lien") executed by Jermila Griffin to Collier County, recorded on 09/17/07 in Official Records Book 4282,
Page 2482, of the Public Records of Collier County, Florida, in consideration of $13,616.20 plus interest,
receipt of which is hereby acknowledged does satisfy, remise, release, quitclairn, exonerate and discharge the
Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as
follows:
Lot 115 Trail Ridge, according to plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
The undersigned is authorized to and does hereby satisfy and 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.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK., CLERK COUNTY, FLORIDA
By:
. Deputy Clerk TIM NANCE, CHAIRMAN
Dated: Approved as to form and legality:
(SEAL)
Jennifer A. I3efpdio ----------�----
Assistance County Attorney =r-,
Packet Page -1341-