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Agenda 05/13/2013 Item #16D 15/14/2013 16.D.1. EXECUTIVE SUMMARY Recommendation to approve releases of lien of Collier County impact fees, Collier County Immokalee Residential impact fees and Collier County State Housing Initiatives Partnership (SHIP) impact fees for owner occupied affordable housing dwelling units that have been repaid in full. OBJECTIVE: Approve five (5) releases of lien for Impact Fees. CONSIDERATIONS: Pursuant to the requirements established in Section 74 -401 of the Collier County Code of Ordinances, under article IV, Affordable Housing Impact Fee Deferral, the county shall defer the payment of the impact fees for any new owner - occupied dwelling unit which qualifies as affordable housing under this article. Section 74- 401(3) of the Code authorizes that the County Manager may enter into an impact fee deferral agreement with the owner or applicant and is authorized to execute such deferral agreement. The deferred impact fees shall be a lien on the property and 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 funds deferred for the construction of five (5) residential dwelling units have been repaid in full. As such, the repayment obligation has been fulfilled and a release of lien is needed. The following tables details the releases of lien associated with this item. Name Property Address Lien Amount Payoff Official Records Public 100% Amount Record Countywide Impact fees Marie Midouin and Jn Robert Jn 13686 Legacy Lane Naples F134114 $12,143.84* $15,173.34 OR Book: 4263 PG: 3866 Baptiste Kristy Brodbeck 9055 Gervais Circle #1403, Naples, FL $19,411.94* $24,266.44 OR Book: 4353 PG: 0046 Name 34120 1 Payoff Official Records Public David Moreno and Marisol Pacheco 7512 Bristol Circle Naples FL 34120 $12,263.74* $15,329.74 OR Book: 4068 PG: 0806 Moreno SHIP Impact Name Property Address Lien Amount u Y+uwu . Payoff -- 3'111111L Official Records Public 100% Amount Record Immokalee Impact fees Tedra Annette Gunn & Habitat for 1292 Allegiance Way Immokalee FL 34142 $ 5,675.99 $5,675.99 OR Book: 3893 PG: 2893 Humanitv Name Property Address Lien Amount Payoff Official Records Public 100% Amount Record SHIP Impact fees Amilca Preveance and Marie Joseph 710 Breezewood Immokalee Fl 34142 $ 5,222.98 $5.222.98 1 OR Book: 3108, PG: 1895 Total I $54,718.49 $65.668.49 FISCAL IMPACT: A total of $65,668.49 has been repaid to Collier County. The funds have been deposited in the appropriate impact fee trust fund accounts and the appropriate SHIP impact fee account. Packet Page -2732- 5/14/2013 16.D.1. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board Action. — JW STAFF RECOMMENDATION: Approve and authorize the Chairwoman to sign five (5) releases of lien for deferral of impact fees for owner occupied affordable housing dwelling unit. PREPARED BY: Wendy Klopf, Operations Coordinator, Housing, Human and Veteran Services: Human and Veteran Services Packet Page -2733- 5/14/2013 16.D.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.1. Item Summary: Recommendation to approve releases of lien of Collier County impact fees, Collier County Immokalee Residential impact fees and Collier County State Housing Initatives Partnership (SHIP) impact fees for owner occupied affordable housing dwelling units that have been repaid in full. Meeting Date: 5/14/2013 Prepared By Name: K1opfWendy Title: Operations Coordinator,Housing, Human & Veteran Se 3/19/2013 3:31:20 PM Submitted by Title: Operations Coordinator,Housing, Human & Veteran Se Name: KlopfWendy 3/19/2013 3:31:22 PM Approved By Name: LarsenKathleen Date: 3/25/2013 11:16:03 AM Name: SonntagKristi Date: 4/15/2013 3:27:05 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 4/17/2013 9:15:41 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 4/22/2013 10:56:39 AM Name: CarnellSteve Packet Page -2734- 5/14/2013 16.D.1. Title: Director - Purchasing /General Services,Purchasing Date: 4/23/2013 3:04:39 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 4/24/2013 8:57:01 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 5/1/2013 10:44:33 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 5/7/2013 11:43:13 AM Name: KlatzkowJeff Title: County Attorney Date: 5/7/2013 11:54:38 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 5/7/2013 1:49:34 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 5/7/2013 4:07:31 PM Packet Page -2735- prqww l$r: collier county Housing Humes & Vet UM Services Dept 3339 E. Tamlami Tnil, Building K 1211 Naples, FL 34112 RELEASE OF LIEN 5/14/2013 16. D.1. 7WS SPACE FOR RECORDING KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 L Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Marie •Midenin and Ju Robert Ju Bapiate to Collier County, recorded on July 34,2007 in Official Records Book 4263, Page 3866, of the Public Records of Collier County, Florida, in consideration of $12,143.84, 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, more particularly described as follows: Lot 149, T raU Ridge, swosdbg to the plat thereof, as reatded Is Plat Book 44, PaWl dwougk 771 In wh% of the Fablie Romnb of t',.AW Cote*, FkAda. (13686 Legacy Lane, Naples, Florida 34114). 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 ProPeny• This Release of Lien was approved by the Board of County Commissioners on - . 2013, Agenda Item Number ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal s'iciency: Je right Assi t County Attorney BOARD OF COUNTY CObMSSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman NO I _�� Packet Page -2736- 4053145 OR; 4263 PG; 5/14/2013 16.D.1. 11COIDID is OTFICUL IICOIIS of COLLIII COOITI, F1 0713112007 at 01:36FI DINIT I. IIOCI, CLIII Near a IIC PSI I7.10 r}, J Frsrw MISS 3.00 .�er Iota: 10 C�aier Gay NNS 3711 LTNhalTrail CWII TO Tel BOARD Iw}ka, Flad" 34112 IRIIOFFICI 17I FLOOR IIT 1106 Filets 06- 080-IF Tbb @pan for retadlft LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this _Ij day of June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie Midouin and Jn Robert Jn Baptiste" (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 dwellingjwAt -w ed as Exhibit "A." 3. The term of this Agreement ��ve until the impact fee is repaid. 4. The amount of the im t f shall d th COUNTY in frill upon: a) the sale of the dwelling t; g 't; c) a loss of the homestead exemption; or d) the e f any part of the affected real property, and in any s ent the deferred im t f paid in full to the COUNTY not later then the closing e, or not later a ctive date of the transfer. As set forth in Exhibit "B," the �drit IC / t fees is Twelve Thousand One E Ci Hundred Forty Throe and 94 /100 12,143,84). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5°/a) per annum, but in no event shall it exceed twenty-five percent (25 %) of the total fee amount. S. 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 -2737- 5/14/2013 16.D.1. OR: 4263 PG: 3ov , 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: DWIGW RR ; Clerk IJ� AttesYs��,�yCl�rk �'tdV!mtri+•e•oai• � Print Name ✓a STATE OF FLORIDA) COUNTY OF COLLIER) BOARD OF COUNTY COWAISSIONERS COLLIER COUNTY, FLORIDA, By: co ' _ 7,,' Jn Baptiste g174IU0-r The foregoing J tt was ac�gwlpd�d for nle this /3 day of 2007, by Ci+r'c o� a n Key hjtQ * g+�++�+i know to _me or has produced as proof of identity. w -rReto 4Y COKNI55f0\ • DDSOPI3r ttomey Signature of Person Takt� iedgnent Recommend Approval: Moky Krumbide,UPA Director Collier County Housing and Human Services Packet Page -2738- 5/14/2013 16.D.1. OR: 4263 PG: 3666 * * *I EXHIBIT "A" LEGAL DESCRIPTION Lot 149, 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. F.XHBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Conectionsl Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Patios Impact Fee F. Educational Facilities System Impact G. Road Impact Fee ��`,�t�R CO(j H. Government Buildings Fee 1. Law Enforcement lm ec J. Sewer Impact Fee / n O ( H K. Water Impact Fee o� t" , 'ACT FEES Packet Page -2739- Amount Owed 593.00 $59.80 $ 192.37 $561.70 $560.68 $827.00 $3,731.00 $150.24 $83.05 53,125.00 $2,760.00 $12,143.84 ... aaao uaq-a T oayrvrni+.mnai txmoag 0 v N CO O N OD N N U K r 0 q N z O 0 M Q O � LLQ 7 50 •C� Oo o M mm of C' wa IT z w O z V G O V mLi ap •4 V ~� Om� E d F ^z O W g J v O CO °o f+ s o r • O • th r • s 2 LU C O N N E 0 c O U O v Z6 O m C O 0 A U w �O Ow I-w >Q a0 o ht`Jpt �,dn,�ii o� a� sr I A C O .N N O U U "Z d c to : c 0 O (D v >� O C T r m O O N c�E° =V) 0 =H'LL Ur- Cfi W=a� 0 0 rn m v 0m Foz Packet Page -2740- 5/14/2013 16. D.1. U Q N 2 H c a� .c O z Cn .%y Ci N b cYi 4=J Z Cmn of LO N T • �I T U Q N 2 H c a� .c O z Cn •� w � 4=J Z Cmn w C N oN Z U N CW U Co C-9 ID = t6 a_ a) 0 N N U t0 CL _E O N I >+ t0 CL E E O U c U 0 O m O m c O U 0 0 U Q N 2 H c a� .c O z 5/14/2013 16.D.1. Growth Management Division +o�,ttit 2800 Horseshoe Drive N. Naples, FL x i 34104 239- 252 -2400 V t RECEIPT OF PAYMENT Receipt Number: 2013106034 Transaction Number. 2013 - 008917 Date Paid: 03/07/2013 Amount Due: $15,173.34 Payment Details: Payment Method Amount Paid Check Number Deferral M/F EMS Payoff Check $15,173.34 24140 Amount Paid: $15,173.34 Change / Overage: $0.00 Contact: Habitat for Humanity of CC Inc $59.80 11145 Tamiaml Trail East Deferral M/F LIBRARY Naples , FL 34113 FEE DETAILS: Fee Description Reference Number Orlainal % Amount Wd GL Account Deferral M/F PARKS Payoff MS20130002497 $1,122.37 $1,122.37 346 - 116363- 324103 - 31346.1 Deferral M/F EMS Payoff MS20130002497 $93.00 $93.00 350 - 140470 - 324103 - 31350.1 Deferral M/F JAIL Payoff MS20130002497 $59.80 $59.80 381 - 110430- 324103- 31381.1 Deferral M/F LIBRARY MS20130002497 $192.37 $192.37 355 - 156190- 324103 - 31355.1 Payoff Deferral M/F ROAD Payoff MS20130002497 $3,731.00 $3,731.00 336 - 163656 - 324103- 31336.1 D4 Deferral M/F SCHOOL MS20130002497 $1,033.31 $1,033.31 113- 000000 - 209050 Payoff Deferral M/F GOVT BLDG MS20130002497 $150.24 $150.24 390 -122231 - 324103- 31390.1 Payoff Deferral M/F LAW ENF MS20130002497 $83.05 $83.05 385 - 110433- 324103- 31385.1 Payoff Deferral M/F WATER MS20130002497 $2,750.00 $2,760.00 002 - 138770 - 324103 Payoff Deferral M/F SEWER MS20130002497 $3,125.00 $3,125.00 002 - 138770- 324103 Payoff Interest EMS MS20130002497 $23.20 $23.20 350 - 989010 - 361190- 99350.1 Interest PARKS MS20130002497 $280.00 $280.00 346- 989010 - 361190- 99346.1 Interest JAIL MS20130002497 $14.92 $14.92 381- 989010 - 361190- 99381.1 Interest LIBRARY MS20130002497 $47.99 $47.99 355- 989010 - 361190 - 99355.1 Interest ROAD D4 MS20130002497 $930.77 $930.77 336 - 989010- 361190- 99336.1 Interest GOVT BLDG MS20130002497 $37.48 $37.48 390 - 989010 - 361190- 99390.1 Interest LAW ENF M520130002497 $20.72 $20.72 385 - 989010- 361190- 99385.1 Interest WATER MS20130002497 $688.53 $688.53 002- 989010 - 361190 Interest SEWER MS20130002497 $779.59 $779.59 002- 989010 - 361190 Packet Page -2741- 5/14/2013 16.D.1. Prepared by: Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, 0211 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 Impact Fee Agreement executed by Kristi Brodbeck to Collier County, recorded on May,24, 2008 in Official Records Book 4353, Page 0046, of the Public Records of Collier County, Florida, in consideration of $24,266.44, 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, more particularly described as follows: Unit 1403, Vista III at Heritage Bay Commons, a subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of Collier County, Florida. (9055 Gervais Circle #1403, Naples, FL 34120). 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 - 2013, Agenda Item Number ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and legal Je E. right Assi t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq., Chairwoman Packet Page -2742- 4.ro w o...a-3 CM"CM M Store a.TA11"I" a.M.. Rata.srso MO M1744F 5/14/2013 16.D.1. 4156635 OR: 4353 ?G: 0446 � U wI= I1L'tN01 of MM CM, IL MINIM at M"M 111M 1. IMM, CM 11� tg I1.N refs: t�YDC i 1A/ ■q M Mt 11111011 Il MH2 103 U31 M60"..ax rr9 LUX AGRZ17AENT FOR DMIRRAL OF 1"% OF COLLIER COUNTY DVACT FM FOR OWNER OCCUPM AFlORDAMA HOUSING DWA.IING UNM This /lpemvmt is essered halo this -dry of April, 2001, betwtes Collier County, a polidcd subdivision of the 8taoe of Florida (COUNTY) and - Knott Bsodbuk- (OWNER), colkctivdy haled as the "Pasties." NOW, THEIMOM Air Food and valuabk comidenabm the receipt ad sufficiency of which is mstaeliy acj wmkdgod, the Patios agree as follow:: 1. This Lien Agreement is toads ptaasaK m Chapar 74 of the Cork of Laws ad Ordinances of Collier County, Florida, knmm as "The Collier County Consolidated Impact Fee Ordiaatoe" (Otdmome). In the event of any conflict with this Agnwwd, the terms of the Ordinance WWI apply. 2. The I%d dew i;*= of the s Exhibit "A." 3. The term of dds Ape dates , ■oa7 the inepaet fee is repaid. 4. The anus of the ' dyi paid COUNTY in fill upon: a) the ode of the dw&n c) a lass of the hotnasead easeanpfiw at d) tie f say pat of the a3focaed teal psopaty, and it any the deiened ' be paid in !hill to the COUNTY not Inler then the lasing or trot biter date of the ttass6 As at forth it ExbtbR' W the fees is Nmeeem Thousand Four Huedod Moves and 441100 DAm (MA11.941. Repsymmt shall iwAude any @nand inexest. Interest shill be computed at the rue of five paoeas (9%) per aaeana. but in m event loll it esxeed tsveaty5ve pu =neat (2Sl4) of the tonal fee auaoeert. S. The defened impact fans shill be a liens m the plop oty dcKribW in Exhibit °A." which lion trey be faseclowd ttpm in due event of son4mphaoce with the OWb moo or with this Agmem= . This Apeenwat shall operate as a lien sprint the dwdk* unit. The lien shall lenaium upon the tooa I of a ,-1, , or ssdxlicdm of lien in the public records of the Cotety. The deferrals of itnpaex Am and this Agreement doll ran with the land, and uue'it - the 111 -d impact fen nor this Apeewcat still be tsamfermd, aadynd, or otherwise conveyed. E=q t as povided by law, vvpadlns of any re P Anwre on the first moulage or other amity interest this lien shall odrawoo be superior sod pataaaomt to do' - , in the dwelling veit of terry owner. Ime, womt, mortgagee, or other pawn. eaoelat toot this lien aborts be on parity with soy lien for Coarmy taxes 6. Upon the said winty mnpWon of this Apecone 's regdna ncom COUNTY shall usoaed any aaoasay dom oared a evidencing see. 7. In the event the OWNER is in defsnit under the 0, I'm o p or this Ag eement, and the debate is not emed within 30 drys after wdow mlioe is povided to the OWNER. the COUNTY Packet Page -2743- Aft Ste 5/14/2013 16.D.1. OR: 4353 ?G: 0041 may, at its sole option, collect the impact fix amount in defiuh as :et forth in the Ordiww, or bring a civil action to arfa= this Agrets =L or declare first the defarod impact fires are then is dehok rod immad1wely due sod payable. The COUNTY aba{I be entitled to recover all sees and vats, indudsng sdomWs foe sod cos m, bound by the COUNTY in enforcing this Agieemed, plus iotaers at the then soodma n stattaory tale for judgmeats nkuhted on a tam year basis uo6l paid. 11. Tim Apeeerent is the sole apeemeat betwom the parties v*h nupxt to the subject matter ha K and shalt be bailors upon the OWNEIVS mwonoss and amigos is inwan 4. T bis Ago asest sbdl be os led in the official neoonds of the County at no cost to tht: COUNTY. IN WPi NM iWMZRUOF, the Pure= have oxeeult:d this Agreement an the date and yeas fuss above written. AVM- ay•EOrc„ STATE OF FLORMA) COUNTY OF COLLIER) The fotesoing Agreeamw was wJmvwtodsod bdvse me this _jt�dry of 20M &.- -. *44 who is pemomW lmowrn to me or bas poduced •. Lrt:*f.ss. a proof of'idendy. WILOW Mw•rnst.- ttrattest. �+--�- ��L ar�aa r S' of Pelson Taking lAcknowledgawnt Approved as to form Recoo end and W* fficieocy 7� 1. M P oChie y a Collier County Housing and Humor Servioea Packet Page -2744- 5/14/2013 16.D.1. *** OR: 4353 PG: 0048 "t F.XH1131T "A" LEGAL DESCIUMON Unit 14M Pats M at SW CONMesis, a subdwwon as ran" In rat seek A raps" m w 64 sf'tbe Mille it wo s [Calks! Ceay. neri6s f953 G "b Ctrde 048% 142ples, FMrus MIN 1MtACT FST HRF.Ai�OWN TM of IMP" Fee A. EMS hoped Fee B. Conediond Facihities hoped Fee C. Unmy Imped Fee D. Coamwmuty Poles Imped Fee E Re *W Poles hasped Fee F. F.ducaansl FwATAes S G. Road hoped H. Ownro ►eat I. Iew Bs6aroem I- 44ip( J. WSW System lmp� K Sewer System TMAL ReACT FEES "CAN..W_I i Packet Page -2745- Aaovut Owed $117-04 $90.11 5368.16 5750.00 $1,659.00 $ZJla00 56.059.00 5410.00 $171.61 53.415.00 $3,515.00 519,411.94 MICA_ _ JACKSON IMSTYjACKSON 9055 C944AIS CIIiM #1403 NAPLES, FL 34120 1518 5/14/2013 16. D.1. Simi -115/ 2:) DATE 6 FOR t� tF)-' l f H.A n CM- Packet Page -2746- Growth Management Division er C014 tty 2800 Horseshoe Orlve N. Naples, FL 34104 239 -252 -2400 Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: RECEIPT OF PAYMENT 2013111163 2013 - 014046 04/11/2013 $24,266.44 Payment Method Amount Paid Check Number Check $24,266.44 1518 $24,266.44 $0.00 JACKSON, KRISTY #1403 #1403 9055 GERVAIS CIR NAPLES , FL 34120 Fee Description Reference Number Deferral M/F Community Park MS20130003932 Deferral M/F Regional Park Deferral M/F EMS Payoff Deferral M/F JAIL Payoff Deferral M/F LIBRARY Payoff Deferral M/F ROAD Payoff D6 Deferral M/F SCHOOL Payoff Deferral M/F GOVT BLDG Payoff Deferral M/F LAW ENF Payoff Deferral M/F WATER Payoff Deferral M/F SEWER Payoff Interest EMS Interest PARKS Interest JAIL Interest ROAD D6 Interest GOVT BLDG Interest WATER Interest SEWER Interest LAW ENF Interest LIBRARY 5/14/2013 16.D.1. Oriainal Amount GL Account Eea ERA $750.00 $750.00 346 - 156410- 324103 - 31346.1 MS20130003932 $1,659.00 $1,659.00 346 - 156405- 324103 - 31346.1 MS20130003932 $112.04 $112.04 350- 140470 - 324103- 31350.1 MS20130003932 $90.11 $90.11 381- 110430 - 324103 - 31381.1 MS20130003932 $368.18 $368.18 355 - 156190- 324103- 31355.1 MS20130003932 $6,059.00 $6,059.00 338 - 163658 - 324103 - 31338.1 MS20130003932 $3,577.72 $3,577.72 113- 000000- 209050 MS20130003932 $410.00 $410.00 390 - 122231- 324103 - 31390.1 MS20130003932 $171.61 $171.61 385 - 110433- 324103 - 31385.1 MS20130003932 $3,415.00 $3,415.00 411- 273511 - 324103 - 31411.1 MS20130003932 $3,515.00 $3,515.00 413 - 263613- 324103 - 31413.1 MS20130003932 $28.02 $28.02 350 - 989010 - 361190-99350.1 MS20130003932 $602.44 $602.44 346 - 989010 - 361190- 99346.1 MS20130003932 $22.53 $22.53 381 - 989010 - 361190 - 99381.1 MS20130003932 $1,515.22 $1,515.22 338 - 989010- 361190 - 99338.1 MS20130003932 $102.53 $102.53 390 - 989010 - 361190 - 99390.1 MS20130003932 $854.02 $854.02 411 - 989010 - 361190 - 99411.1 MS20130003932 $879.02 $879.02 413 - 989010 - 361190 - 99413.1 MS20130003932 $42.92 $42.92 385 - 989010 - 361190- 99385.1 MS20130003932 $92.08 $92.08 355 - 989010-361190- 99355.1 Packet Page -2747- i 5/14/2013 16.D.1. Prepared by: Collier County Housing, Human & Veterans Services Dept 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 Impact Fee Agreement executed by David Moreno & Marisol Pacheco Moreno to Collier County, recorded on July 7, 2006 in Official Records Book 4068, Page 0806, of the Public Records of Collier County, Florida, in consideration of $15,329.74, 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, more particularly described as follows: LOT 13, BRISTOL PINES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 43, PAGE 7& OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (7512 Bristol Circle, Naples, FL 34120). 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 - 2013, Agenda Item Number ATTEST: DWIGHT E. BROCK, Clerk LIM , Deputy Clerk Approved as to form and legalsufficiency: Je Wright AssVtant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Georgia A. Hiller, Esq., Chairwoman Packet Page -2748- J 3868085 OR: 4068 PG; 5/14/2013 16.D.1. IIMOIDIO to oPimu 11c01D8 of cauz11 Warn, IL 07/07/2003 at 03:30Pa D11W 1. 11M, Min ac 111 27.00 lets: opinylpfu SOPPOIT /3091I16 LAIIII UAD 103 2330 IR1101110 This space for recardlaa LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 2k_ day of June, 2006, between Collier County, a political subdivision of the State of Florida (COUNTY) and David Moreno & Marisol Pacheco (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: I . This Liar 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 dwell' ysn ed as Exhibit "A." 3. The term of this Agreemen ' �e to ve until the impact fee is repaid. 4. The amount of the im deferred shall be p to a COUNTY in full upon: a) the sale of the dwelling t; ) g o t e dwe ing 't; c) a loss of the homestead exemption; or d) th fi er of any part of the affected real property, and in any pa be paid in full to the COUNTY not later then the closi the sale, or not tat ve date of the transfer. As set forth in Exhibit "B," unt of the def fees is Twelve Thousand. Two Hundred S' ll epayment shall include any accrued interest. Interest shall be compu 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 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 Packet Page -2749- Rmra to Luna Bout Coker Cwrly osH 2000 N. Her"5110c Drive Napier. FL 34104 File# 06- 099 -1F 3868085 OR: 4068 PG; 5/14/2013 16.D.1. IIMOIDIO to oPimu 11c01D8 of cauz11 Warn, IL 07/07/2003 at 03:30Pa D11W 1. 11M, Min ac 111 27.00 lets: opinylpfu SOPPOIT /3091I16 LAIIII UAD 103 2330 IR1101110 This space for recardlaa LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 2k_ day of June, 2006, between Collier County, a political subdivision of the State of Florida (COUNTY) and David Moreno & Marisol Pacheco (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: I . This Liar 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 dwell' ysn ed as Exhibit "A." 3. The term of this Agreemen ' �e to ve until the impact fee is repaid. 4. The amount of the im deferred shall be p to a COUNTY in full upon: a) the sale of the dwelling t; ) g o t e dwe ing 't; c) a loss of the homestead exemption; or d) th fi er of any part of the affected real property, and in any pa be paid in full to the COUNTY not later then the closi the sale, or not tat ve date of the transfer. As set forth in Exhibit "B," unt of the def fees is Twelve Thousand. Two Hundred S' ll epayment shall include any accrued interest. Interest shall be compu 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 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 Packet Page -2749- 5/14/2013 16.D.1. OR: 4068 PG: 0807 then in default and immediately due and payable. The COUN'T'Y 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. Witnesses- - -� - �1 Print amen �7• STATE OF FLORIDA titi��'R COUNTY OF COLLIER The foregoing A t G wl David Moreno & Mari P c w _ as [NOTARIAL SEAL] Lauren J. Beard '+?' :Commission#DDIS9094 }. = Expires: Oct 24, 2006 Bonded •mna Atlantic Bonding Co., Inc. STATE OF FLORIDA igrn O 7t-L /�' - D d& oreno is a(o ' day of June, 2006, by known to me or produced Public) C-dm�s3ion Expires: COLLIER COUNTY, FLORIDA AMES V. MUDD, COUNTY MANAGER COUNTY OF COLLIER yL The foregoing Agreement was acknowledged before me this �- day of July, 2006, by James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me. [NOTARIAL SEAL] (Signature of No blic) = . Commission ODD B wd a. Expires: Oct 24, 2006 Bonded T,ru Adanuc 9unding Co . Inc ARtantunty orm and le- Jekow A Attorney LatL«r >. &C, (Print Name of Notary Public) Commission Number: My Commission Expires: RJe tnmend appmv . Denton Baker, Director of Operational Support & Housing Packet Page -2750- 5/14/2013 16. D.1. OR: 4068 PG: U8o8 'IN EXHIBIT "A" LEGAL DESCRIPTION LOT 13, BRISTOL PINES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 43, PAGE 78, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $93.00 B. Correctional Facilities Impact Fee $117.98 C. Library Impact Fee $226.54 D. Community Parks Impact Fee $561.70 E. Regional Parks Impact Fee $560.68 F. Educational Facilities System Impac $827.00 G. 'R OO(2 Road Impact Fee �`'�� $3,731.00 H. Government Buildin Fee $176.92 1. Law Enforcement w pa Fee $83.92 J. Water Impact Fee n $2,760.00 K. Sewer Impact Fee n. �f r� a $3,125.00 TOT PACT FEES Q $12,263.74 V rHE c�� SAC Avr*va Packet Page -2751- v 5/14/2013 16.D.1. `W� �r-:� * 63044047 BMO Harris Bank 22W710 PAY Fifteen thousand three hundred twenty nine dollars and seventy four cents "' "*`"*" """ "' «"`* * ""' 4 DATE: AMOUNT 11120/2012 $15,329.74 TO THE ORDER OF ... Collier County Board of County Commissioners LJ W w REMITTER 8M0 Harris Bank NA. MEMO Satisfaction of lien of property Authorized Signature Drawer BRO Harris !1A 01456 BM0 Home B11MOW. I%Afiy'ir1183 III ` JAN` 312013 HOUSING & HUMAN SERVICES FISCAL SECTION Packet Page -2752- 5/14/2013 16.D.1. Growth Management Division Cqft� �[t,�l.nty 2800 Horseshoe Drive N. Naples, FL 34104 239 -252 -2400 Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Deferral M/F PARKS Payoff Deferral M/F EMS Payoff Deferral M/F JAIL Payoff Deferral M/F LIBRARY Payoff Deferral M/F ROAD Payoff D6 Deferral M/F SCHOOL Payoff Deferral M/F GOVT BLDG Payoff Deferral M/F LAW ENF Payoff Deferral M/F WATER Payoff Deferral M/F SEWER Payoff Interest PARKS Interest EMS Interest JAIL Interest LIBRARY Interest ROAD D6 Interest GOVT BLDG Interest LAW ENF Interest WATER Interest SEWER RECEIPT OF PAYMENT 2013103977 2013- 006860 02/22/2013 $15,329.74 Payment Method Check $15,329.74 $0.00 Moreno, David 7512 Bristol Orcle Naples, FL 34120 Amount Pald Check Number $15,329.74 63044047 Gl Reference Number Oriainall % Amoun t ftm GL Account MS20130001963 $1,122.38 $1,122.38 346- 116363 - 324103- 31346.1 MS20130001963 $93.00 $93.00 350- 140470- 324103- 31350.1 MS20130001963 $117.98 $117.98 381- 110430 - 324103 - 31381.1 MS20130001963 $226.54 $226.54 355 - 156190 - 324103- 31355.1 MS20130001963 $3,731.00 $3,731.00 338 - 163658 - 324103- 31338.1 MS20130001963 $1,033.75 $1,033.75 113 - 000000- 209050 MS20130001963 $176.92 $176.92 390- 122231- 324103- 31390.1 MS20130001963 $83.92 $83.92 385- 110433 - 324103- 31385.1 MS20130001963 $2,760.00 $2,760.00 002- 138770- 324103 MS20130001963 $3,125.00 $3,125.00 002- 138770- 324103 MS20130001963 $280.60 $280.60 346 - 989010- 361190 - 99346.1 MS20130001963 $23.25 $23.25 350 - 989010- 361190 - 99350.1 MS20130001963 $29.50 $29.50 381- 989010- 361190 - 99381.1 MS20130001963 $56.64 $56.64 355 - 989010 - 361190 - 99355.1 MS20130001963 $932.77 $932.77 338 - 989010- 361190 - 99338.1 MS20130001963 $44.23 $44.23 390 - 989010- 361190 - 99390.1 MS20130001963 $20.98 $20.98 385. 989010 - 361190- 99385.1 MS20130001963 $690.01 $690.01 002 - 989010- 361190 MS20130001963 $781.27 $781.27 002 - 989010 - 361190 Packet Page -2753- 5/14/2013 16. D.1. Prepared by: Wendy Klopf Collier County Housing, Human, and Veteran Services Dept 3339. Tamiami Trail E Suite 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 Tamiami Trail E., Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Tedra Annette Gunn and Habitat for Humanity of Collier County, Inc. to Collier County, bearing date the 22nd day of August, 2005, recorded in Official Records Book 3893, Page 2893, of the Public Records of Collier County, Florida, hereby 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, more particularly described as follows: Lot 48, Independence Phase II, according to the plat thereof, as recorded in Plat Book 43, Page 64- 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (1292 Allegiance Way, Immokalee, FL 34142) 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. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and lega fficiency: J ff E right si t County Attorney 2013. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Georgia A. Hiller, Esq. Chairwoman Packet Page -2754- u L-� Patrietc C. WM* AWL C MW Coo" Att'y. 3301 TaWNEi Tndt Eat Naplrn61 L 341 B 3741090 �R; `5114/2013_16.D.1. HCOWD is 0111CI1lL UMUS of COLLIII COW, It 09/20/2005 at 09:299 DfICK 1. BIOCL, CN11 Be i=1 78.00 Mills 9.00 AOW KIL: INUCIAL 1DMI1 li IOOSIIG IIi6102?IC1 011: IL01I8 106115 213 2991 M6 open for raardiq AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES - EMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of 100% of Impact Fees is entered into this 42"y o , 2005 by and between Collier County, a political subdivision of the State of Florida, duough its Board f Commissioners, hereinafter referred to aS "COUNTY," and ittr xum y. hereinafter referred to as "OWNER," collectives�he " �0 tEC1TA1ts: �l'� WHEREAS, Collier o. 2001 -13, the lli County Consolidated Impact Fee Ordinance, as amended by o. 2 No. 2 and as it may be further amended from time to time, codified as C e of flier County Florida, hereinafter collectively referred to as " fees for new owner - occupied dwelling units qualifying for the ee Residential Im ee De • and WHEREAS, OWNER has for a deferral of I ' fees as allowed by the impact Fee Ordinance, and a copy of said appir on file in the o inancial Administration and Housing Department, and ��jE CI_ WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for a 1001/a deferral of impact fees as outlined in the Immokalee Residential Impact Fee Deferral Program and set forth in the Impact Fee Ordinance; and WHEREAS, an impact fee deferral agreement tray 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 (Code of 1.awsj the County Manager is authorized to me aft 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 workforce housing in the specified Immokalee area Page I Packet Page -2755- 5/14/2013 16. D.1. OR: 3893 PG: 2894 NOW, THEREFORL, in Consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acirnowledged, the Patties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION, ADDRESS AND OWNERSHIP. The name of the OWNER (S), the address of the subject properly and the legal description of the dwelling unit and its site plan (tier "Dwelling Unit ") is attached as Exhibit "A," and is incorporated by reference herein. 3. PAYMENT OF MACT FEES. The impact fee deferral agreement shall stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a pnmInisite to the issuance of the Building Permit(s) for that Development but for the deferral agreement. 4. TERM. The term of the def V y� until such time that the subject Dwelling Unit/Proporty is sold, toed or ad by payment to the County of the rr11 s full amount of the ' fele' Payment shall be tenet only if* Agreement has not been breached by �Vjj time fatal psi shall be subject to interest reuxma a gro ement is breached by the non - County party. 5. REPRESENTATIO WARRANTIES. ,O and warrants the following: a OWNER ]d earnings will n of $100,000, from all sources, as set forth 01 (g) (4) and (5) ' V Fee Ordinance; and b. The Dwelling U iod and the homestead of the OWNER, and any change in the status of the occupancy or loss of homestead will c onstitnte a breach in the agreement and impact fees will be considered to be in defsuh and immediately due and payable, including any applicable interest, in accordance with the provisions set forth by Section 74- 201(g) and Section 74 -501 of the Impact Fee Ordinance; and C. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount o , to set forth in attached Exhibit "B," incorporated by reference; and d. The maximum sales price of the qualifying development will not exceed 2254,230; and e. In maun for the COUNTY deferring repayment of 1000/9 of the impact foes owed by OWNER until no later than the expiration of the TERM, the OWNER fmiher covenants and agrees to comply with the Immolca lee Residential Impact Fee Deferral Program qualification criteria detailed in Section 74- 201(8) (5) of the impact Fee Ordinance, Page 2 Packet Page -2756- 5/14/2013 16.D.1. OR: 3893 PG: 2895 during the term of this Agreement, except as to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the Dwelling Unit, which is subject to the impact fee deferral, at any time during the deferral terra, the deferred impact fees may immediately become due and payable and may be requited to be paid in full to the Canty within thirty (30) days or may be subject to the default provisions set forth in accordance Section 74501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited, encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement shall rum with the land; and 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 S5. 675.99 as set forth in amiched Exhibit "B." This lien may be foreclosed upon in the event of default Wed that if the OWNER is the mortgagor, the COUNTY and OWNER , and in of a suitable security collateral being provided by the O COUNTY, then all of th O S lien rights and interests arising under this Agreemen are Muir, to each Feat mortgage ear the Dwelling Unit, d regardless of any foreclosure on the first mortgage 1 be superior and paramount to the interest in the Dwe y , or other person, except that this lien shall be on parity y lien for County tax O S. RELEASE OF LIEN. satisfactory completi Agreement's requirements and the requirements of the Immo includmg payment of the deferred impact fees, the COUNTY shall, at UNTY, 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 Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. Tie obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred impact fees; and 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. I I . REMEDIES. 71be following remedies are cumulative with any other right or remedy available to the COUNTY: Page 3 Packet Page -2757- 5/14/2013 16.D.1. OR: 3893 PG: 2896 a. Should the OWNER of the property: (l) fail to comply with the qualification criteria in Section 74- 201(g) (5) of the County's Impact Fee Ordinance at any time during the term, except as to total household income not euceedmg $100,000, or (2) violate any provisions of this Agreement, which then constitutes a breach in the agreement, impact feat will be considered to be in default and immediately due and payable, by the OWNER, including any applicable interest, in accordance with this section and the collection provisions set forth by Section 74501 of this Chapter, and shall be paid in full by OWNER to the COUNTY within d my (30) days of written notification of said violation. b. If the non - County party is in a non - curable default under the Agreement, or if the default is curable and the curable default is not cured in full within thirty (30) days after written notice to do so provided to the OWNER by the County, the Board may bring a civil action to enforce the deferral agreement and that the Board shall be entitled to a costs, including attorney's fees and expenses Agreement, plus interest, at the then u%r ry rate for final j ! , calculated on a calendar day basis I d begin to accrue because the non- shall accrue retroactively back t im fee deferral agreement. C. 1>d be is Agreement, and the default is n (� within ninety (90) of written notice to the OWNER, the may bring a civil rce the Agreement. d. In addr or otherwise enforced by the COUNTY, by action or s including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costa, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Page a Packet Page -2758- 5/14/2013 16. D.1. OR: 3893 PG: 2897 94 WITI M WHEREOF, the Parties have executed this Agreement on the date and year firm above written. S Tedra Annette G- erm P Print Name ���R Co;> WrrNESS: 0 OWNER`' I STATE OF FLORIDA) COUNTY OF COLLIER) ..�Q Pant N Q T IE C IRC� The foregoing Agreement was acknowledged b Tedra Annette Gunn and Samuel J. Durso of Habitat for They 0 an personally {mown to me or 016�ve pro" [NOTARIAL SEAL] UNUpAF�OFES I OOMMIWM i DD 272981 ' EX FM Janwy 19, 2008 ouan . d.. Page 5 2?-day d Director :oemty, Inc. (Au6mind ftexter+e) %e54�D 2005 by _ as proof of identity. of Person Taking Acknowledgment Packet Page -2759- 5/14/2013 16.D.1. OR: 3893 PG: 2898 COLLIER COUNTY, FLORIDA By �� JAMES V. MUDD, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acimowkdged before me tins day of 2005 by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] FLORIS E. ROGERS 10 COW A1SS101+ • Dp42t062 .� j j':Xpj ES M.Y 10.2m a ias•y n. w.ra�0 ' �.� ° Approved as to form and Patrick G. White Assistant County Attorney Denton Baker, Director Financial Administration & Housing Page 6 _ Packet Page -2760- _ 5/14/2013 16.D.1. OR: 3893 PG: 2899 EXHIBIT "A" LEGAL DESCRIPTION OWNERSHIP ADDRESS Tedra Annette Gunn and Habitat for Humanity 1292 Allegiance Way, Immokalee Florida 34142 Lot 481, Phase U, as recorded in Plat Book 43, Pages 64-66 of the Public Records of Collier County, Florida G�tE\ r�rE c�RC� Page 7 Packet Page -2761- 5/14/2013 16.D.1. Lalam�raa ` 1 �•. Ur -- ._----------- •-- - - - - -- ADDBBSS UNGISt 1239 _ 1299 • 1302 _ aliegigtnee Nap 1342 Cougtitution Court 1351 - 1382 Patriot Court 1420 _ 1417 A.erica Way 1517 Peace Way Page 8 Packet Page -2762- --- - ---- -- ._ EXiI ff "B" EWPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Lard G. Road Impact Fee (< eoV H. General Govern I. Law Enforcement �- r TOTAL EWPACT An*ount Owed $ 93.00 $ 117.98 $ 204.85 S 632.43 $ 631.40 kFeeo $ 1,778.00 Household ►n� 1,977.00 159.98 Ef C _ pop 9 Packet Page -2763- aCi 5/14/2013 16.D.1. OR: 3893 PG: 2901 * ** r 5/14/2013 16.D.1. Growth Management Division e.�. rvtKty 2800 Horseshoe Drive N. Naples, FL 34104 239 -252 -2400 RECEIPT OF PAYMENT Receipt Number: 2012096220 Transaction Number: 2012 - 045081 Date Paid: 12/20/2012 Amount Due: $5,675.99 Payment Details: Payment Method Amount Paid Check Number Deferral S/F ROAD Payoff Check $5,675.99 23403 Amount Paid: $5,675.99 Change / Overage: $0.00 Contact: Habitat for Humanity of CC Inc 11145 Tamiami Trail East Deferral S/F PARKS Payoff Naples , FL 34113 FEE DETAILS: Fee Description Refe nce Number Oriainal EM Amount Ead GL Account TIF Repayment MS20120008368 $514.27 $514.27 186 - 138324- 324102 Deferral S/F ROAD Payoff MS20120008368 $1,797.88 $1,797.88 339 - 163659 - 324102- 31339.1 D5 Deferral S/F PARKS Payoff MS20120008368 $1,149.32 $1,149.32 346 - 116363- 324102-31346.1 Deferral S/F EMS Payoff MS20120008368 $84.57 $84.57 350- 140470 - 324102 - 31350.1 Deferral S/F SCHOOL MS20120008368 $1,616.91 $1,616.91 113- 000000 - 209050 Payoff Deferral S/F GOVT BLDG MS20120008368 $145.48 $145.48 390 - 122231- 324102- 31390.1 Payoff Deferral S/F LIBRARY MS20120008368 $186.29 $186.29 355 - 156190- 324102- 31355.1 Payoff Deferral S/F LAW ENF MS20120008368 $73.98 $73.98 385- 110433 - 324102 - 31385.1 Payoff Deferral S/F JAIL Payoff MS20120008368 $107.29 $107.29 381 - 110430- 324102 - 31381.1 Cashier Name: EvelynTrimino Batch Number: 2881 Entered By: fieishmanpaula Packet Page -2764- Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: 5/14/2013 16.D.1. Growth Management Division ,� 2800 Horseshoe Drive N. Naples, fC 34104 239- 252 -2400 RECEIPT OF PAYMENT 2012096220 2012 - 045081 12/20/2012 $5,675.99 Payment Method Amount Paid Check Number Check $5,675.99 23403 $5,675.99 $0.00 Habitat for Humanity of CC Inc 11145 Tamlaml Trall East Naples , FL 34113 Fee Description TIF Repayment Reference Number MS20120008368 Deferral S/F ROAD Payoff MS20120008368 D5 186- 138324 - 324102 Deferral S/F PARKS Payoff MS20120008368 Deferral S/F EMS Payoff MS20120008368 Deferral S/F SCHOOL MS20120008368 Payoff $84.57 Deferral S/F GOVT BLDG MS20120008368 Payoff Deferral S/F LIBRARY MS20120008368 Payoff Deferral S/F LAW ENF MS20120008368 Payoff Deferral S/F ]AIL Payoff MS20120008368 Cashier Name: EvelynThmino Batch Number: 2881 Entered By: flelshmanpaula Oriainai Fro€ B,moun Paid GL Account 1 $514.27 $514.27 186- 138324 - 324102 $1,797.88 $1,797.88 339 - 163659- 324102- 31339.1 $1,149.32 $1,149.32 346- 116363- 324102 - 31346.1 $84.57 $84.57 350 - 140470 - 324102 - 31350.1 $1,616.91 $1,616.91 113- 000000 - 209050 $145.48 $145.48 390 - 122231- 324102- 31390.1 $186.29 $186.29 355- 156190 - 324102-31355.1 $73.98 $73.98 385 - 110433 - 324102- 31385.1 $107.29 $107.29 381 - 110430 - 324102 - 31381.1 Packet Page -2765- 5/14/2013 16.D.1. Propand br. Collia County - Housing, Humor & Vctaans Service: Dept 3339 E. Tamiaml Trail, Building K 0211 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. Tamiaml Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact . Fee Agreement executed by AmUea Preveance and Marie S Joseph to Collier County, recorded on September 11, 2002 in Official Records Book 3108, Page 1895, of the Public Records of Collier County, Florida, in consideration of $5,222.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge frmn the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: Lot 99, Vall 2, Pain RMp ra mw SoW- - - a, sce ding is dw pbl tbgME: roeardad Ia Plat Hook 1, Paw t, of dw rew Aoaarda or Call W c]aaaq', !+Panda. (710 Breezewood Drive.Imusokalee FI34142). 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 - . 2013, Agenda item Number ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved as to form and leg uffieieney: J fi .Wright slant County Attorney BOARD OF COUNTY CONMSSIONERS COLLIER COUNTY, FLORIDA By: . Georgia A. Hiller, Esq., Chairwoman Packet Page -2766- !01 Prepared by. Patrkk G. Wkise An'a Copier County Att'y. 3301 Tomiatll Trail East Kapia, Ft, 31112 FlIeN 03- 032 -I1F' 5/14/2013 16.D.1. 3044455 OR: 3108 PG: 1895 13=10 h WIGI)ti "COBS of MUIII =ft, n 11/11/2002 at 01:2011 KIM 1. ItOQ, CLM to m 37.58 CotD3 3.00 111: MIX I MU II[man hilt 41110 IM: LilOtsl Bug Tkb space for retordiag AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE -FAWLY AFFORDABLE HOUSING DWELLING This Agreernem for the Deferral of 100' /0 of Impact Fees is entered into thisA, day of 2002 by and between Collier County, a political subdivision of the State of Florida, through its the Board of County Commissioners, hereinafter referred to as "COUNTY." and Amilca Preveance & Marie S. Joseph, hereinafter referred to as "OWNER," collectively stated as the "Parties." RECITALS: WHEREAS, Collier County Ordinance -No. 2001 -12, the Collier County Consolidated Impact Fee Ordinance, as amended by 2002 -34, and as it 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' /6 deferral of impact fees as set forth in the Impact Fee Ordinance; and Packet Page -2767- 5/14/2013 16.D.1. 3108 PG; 1896 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 -241, E.l.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 flee 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 consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged. the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit and its site plan (the "Dwelling Unit ") is attached as Exhibit "A," and is incorporated by reference herein. 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 tern 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 ki Packet Page -2768- 5/14/2013 16. D.1. OR: 3108 PG; 1691 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, CL 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 $5,222.9 8, as set forth in attached Exhibit `B," incorporated by reference; and C. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER until no later than the expiration of the TERM. OWNER further covenants and agrees to comply with the affordable housing impact fee deferral qualification criteria detailed in the Impact Fee Ordinance during the term of this Agreement. S. SUBSEQUENT TRANSFER; REPAYMENT. If OWNER sells the Dwelling Unit which is subject to the impact fee deferral to a subsequent purchaser, the Dwelling Unit shall be sold only to persons or households meeting the deferral qualifying criteria set forth in the Impact Fee Ordinance. 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. 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 Five Thousand Two 3 Packet Page -2769- 5/14/2013 16. D.1. OR: 3108 PG: 1898 Hundred Twenty-Two dollars and 98/100 ($5,222.98), 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 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, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including payment of the deferred 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 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 Packet Page -2770- 5/14/2013 16.D.1. OR: 3108 PG: 1899 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 cued within ninety (90) days after mailing of written notice to the OWNER, the COUNTY may bring a. civil action to enforce the Agreement. c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law 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, W Packet Page -2771- 5/14/2013 16.D.1. OR: 3108 PG: 1900 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: Print Name Vj q4&Lrl j, Lj Xmilca Preveance rte 2aK' ci '�1�'i? /91J•T_ . Print Name _ 17 N Cep, STATE OF . C•�s 1 __� COUNTY OF OWNER: Marie S. Joseph The foregoing Agreement was acknowledged before me this day of 2002, by Amilca Preveance & Marie S. Joseph. They are personally known to me or Oroduced P GI 5`00o- %, -0M-#ype of identification) as identification. P G j bo -0 F �i �. wDUt:3rA?SCF�A � Signature ofth rson Taking Acknowledgment LAUREN J. BEARD i MY Cr1M1M SMON if CC77719A ?mNO� EXPIRl�t �O.nIf10D2 1•IM -! NOTARY F'tt away ytr�en i IY�nhl C.� STATE OF FLORIDA) COUNTY OF COLLIER) COLLIER COUNTY, FLORIDA By:." y,,r• -- F JAMES V. MUDD, COUNTY MANAGER The foregoing AgreLnneni was acknowledged before me this t`day of 5�,�k,�_, 2002, by James V. Mudd, County Manager, on behalf of th ;COUNTY. He is personal vl known to me, [NOTARIAL SEAL) Signature of Person T ng _Acknowledgment Approved as to form and legal sufficiency: Yn l uLLza= ✓ Patric White Assistant County Attorney Recommend Appro al Denton Baker, Interim Director ofFinancial Administration & Housing 6 Packet Page -2772- l CV 0 01 z 0 Tj %ovum O N N ol ON ri z ri Od e LU 0 U, Ln un to Co Z Ix OM 01rc >4 HR R . E-4 C) u Z W .0 H uo lu 44 a. Rio Packet Page -2773- 5/14/2013 16. D.1. m w M r-I Ch W ;7-. V 14 m r-I CD C� N RS .04 kv 0 Ln 0 W E-4 U u 0 I S 0 ri 04 °x 04 q Cu %ovum O N N ol ON ri z ri Od e LU 0 U, Ln un to Co Z Ix OM 01rc >4 HR R . E-4 C) u Z W .0 H uo lu 44 a. Rio Packet Page -2773- 5/14/2013 16. D.1. m w 5/14/2013 16. 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