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Agenda 07/24/2012 Item #16D 67/24/2012 Item 16.D.6. EXECUTIVE SUMMARY Recommendation to approve seven (7) releases of lien totaling $134,917.86 for impact fee deferrals on owner - occupied land where, ultimately, construction failed to occur. OBJECTIVE: Record seven (7) releases of lien. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, a developer and prospective owners submitted applications for deferment of impact fees, which were approved by the Board of County Commissioners on various dates. The deferred impact fees would become a lien on the properties secured with an agreement recorded in the public records. On various dates, the Board of County Commissioner approved lien agreements for the purchasers of residential dwelling units to be constructed by Marco Bay Homes, Inc. No construction ever occurred on the subject properties and the building permit expired. Since construction did not occur, no impact fees were owed. Staff has since updated the permit status on each property to require payment of impact fees should a future owner choose to build on these vacant sites. The following table details the releases of lien associated with this item. Any future owners of the properties in question will be responsible for payment of the impact fees when commencing construction. Name Property Deferral Official Public Record Description Amount Robles, Edelmiro & Bernadita Golden Gate Est, $19,273.98 Book: 4250 Page: 2506 Unit 83, Tract 111 Moreta, Elva Golden Gate Est, $19,273.98 Book.: 4263 Page: 3879 Unit 62, Tract 83 Hildebrandt, Gary Golden Gate Est, $19,273.98 Book: 4263 Page: 3872 Unit 79, Tract 12 Moore, Cheriee Golden Gate Est, $19.273.98 Book: 4282 Page: 0666 Unit 42, Tract 66 CDJ Investments, LLC Golden Gate Est, $19,273.98 Book: 4302 Page: 3250 Unit 79, Tract 40 Golden Gate Est, $19,273.98 Book: 4302 Page: 3246 CDJ Investments, LLC Unit 47, Tract 23 Golden Gate Est, $19.273.98 Book: 4285 Page: 3902 Alaoui, Rachid M. Unit 70, Tract 94 FISCAL IMPACT: Recording cost in the amount of $70.00 will be paid from Fund 111, Cost Center 138759. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires a majority vote for approval. —JW Packet Page -2493- 7/24/2012 Item 16.D.6. STAFF RECOMMENDATION: Approve and authorize the Chairman to sign seven (7) releases of lien to be recorded in the public records of Collier County. PREPARED BY: Priscilla Doria, SHIP Loan Processor; Housing, Human & Veteran Services Packet Page -2494- 7/24/2012 Item 160.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6. Item Summary: Recommendation to approve seven (7) releases of lien totaling $134,917.86 for impact fee deferrals on owner - occupied land where, ultimately, construction failed to occur. Meeting Date: 7/24/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 6/20/2012 3:08:19 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Servi Name: DoriaPriscilla 6/20/2012 3:08:20 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 6/20/2012 3:34:38 PM Name: SonntagKristi Date: 6/29/2012 2:03:15 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 7/2/2012 9:32:54 PM Name: AckermanMaria Title: Senior Accountant, Grants Date: 7/4/2012 8:18:45 PM Name: CarnellSteve Packet Page -2495- Title: Director - Purchasing /General Services,Purchasing Date: 7/9/2012 8:56:44 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 7/10/2012 4:45:39 PM Name: KlatzkowJeff Title: County Attorney Date: 7/11/2012 3:41:27 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 7/12/2012 9:38:40 AM Name: KlatzkowJeff Title: County Attorney Date: 7/12/2012 9:46:13 AM Name: OchsLeo Title: County Manager Date: 7/12/2012 11:23:41 AM Packet Page -2496- 7/24/2012 Item 16.D.6. 7/24/2012 Item 16.D.6. Prepared by: Collier County Housing, human & Veterans Services Dept 3334 E. Tamiami Trail, Building 11, 4211 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 Marco Bay Homes, LLC. and Edelmiro & Bernadita Robles to Collier County, recorded on June 28, 2007 in Official Records Book 4250, Page 2506, of the Public Records of Collier County, Florida, in consideration of $19,273.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: Golden Gate Estates, Unit 83, West 75' of West 150' of Tract 111, according to the plat thereof, as recorded in Plat Book 5, Page 22, of the Public Records of Collier County, Florida. 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 , 2012. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal suffi iency: Jeff &k; Wright Assistap County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Packet Page -2497- 7/24/2012 Item 16.D.6. Prepared by: Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H. 4211 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 Marco Bay Homes, LLC. and Elva Moreta to Collier County, recorded on July 30, 2007 in Official Records Book 4263, Page 3879, of the Public Records of Collier County, Florida, in consideration of $19,273.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows Golden Gate Estates, Unit 62, West 75' of East 150' of Tract 83, according to the plat thereof, as recorded in Plat Book 5, Page 87, of the Public Records of Collier County, Florida. 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 , 2012. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal sufficiency: Jeff E. Wright Assis�4nt /County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IC FRED W. COYLE, CHAIRMAN Packet Page -2498- 7/24/2012 Item 16.D.6. Prepared by: Collier County Housing. Human & Veterans Services Dept 3339 E. Tamiami Trail. Building 1 -1, #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 Marco Bay Homes, LLC. and Gary Hildebrandt to Collier County, recorded on July 30, 2007 in Official Records Book 4263, Page 3872, of the Public Records of Collier County, Florida, in consideration of $19,273.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: Golden Gate Estates, Unit 79, East 75FT of West 15OFT of Tract 12, according to the plat thereof, as recorded in Plat Book 5, Page 17, of the Public Records of Collier County, Florida. 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 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeff E, Wright Assistant County Attorney Packet Page -2499- Prepared by: Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail. Building 11, 4211 Naples, Fl, 34112 RELEASE OF LIEN 7/24/2012 Item 16.D.6. THIS SPACE FOR RECORDING 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 Marco Bay Homes, LLC. and Cheriee Moore to Collier County, recorded on September 14, 2007 in Official Records Book 4282, Page 0666, of the Public Records of Collier County, Florida, in consideration of $19,273.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: Golden Gate Estates, Unit 42, East 75' of West 180' of Tract 66, according to the plat thereof, as recorded in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. 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 , 2012. ATTEST: DWIGHT E. BROCK, Clerk IM BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeff E. Wright Assistant County Attorney Packet Page -2500- 7/24/2012 Item 16.D.6. Prepared by: Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, 421 1 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 Marco Bay Homes, LLC. and CDJ Investments, LLC. to Collier County, recorded on November 14, 2007 in Official Records Book 4302, Page 3250, of the Public Records of Collier County, Florida, in consideration of $19,273.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: Golden Gate Estates, Unit 79, East 75' of East 150' of Tract 40, according to the plat thereof, as recorded in Plat Book 5, Page 17, of the Public Records of Collier County, Florida. 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 , 2012. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeff E. Wright Assist4't't County Attorney Packet Page -2501- 7/24/2012 Item 16.D.6. Prepared by: Collier County Housing. Human & Veterans Services Dept 3339 E. Tamiami Trail, Building 11.. ##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 Marco Bay Homes, LLC. and CDJ Investments, LLC. to Collier County, recorded on November 14, 2007 in Official Records Book 4302, Page 3246, of the Public Records of Collier County, Florida, in consideration of $19,273.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: Golden Gate Estates, Unit 47, West 75' of East 150' of Tract 23, according to the plat thereof, as recorded in Plat Boole 7, Page 32, of the Public Records of Collier County, Florida. 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 , 2012. ATTEST: DWIGHT E. BROCK, Cleric , Deputy Cleric Approved as to form and legal sufficiency: °- Jeff E. Wright Assist County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Packet Page -2502- 7/24/2012 Item 16.D.6. Prepared by: Collier County Housing. Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, #1211 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 Marco Bay Homes, LLC. and Rachid M. Alaoui to Collier County, recorded on September 27, 2007 in Official Records Book 4285, Page 3902, of the Public Records of Collier County, Florida, in consideration of $19,273.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows: Golden Gate Estates, Unit 70, West 75' of West 150' of Tract 94, according to the plat thereof, as recorded in Plat Book 5, Page 6, of the Public Records of Collier County, Florida. 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 , 2012. ATTEST: DWIGHT E. BROCK, Clerk C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeff E. Wright Assistant County Attorney Packet Page -2503- 7/24/2012 Item 16.D.6. ` R"urn to 4039575 OR: 4250 PG; 2506 V Frook Raeasey RECORDED 10 OIPICUIL RECORDS Of COLLIEI C00171, PL Housing A N. and shaman Services 06126/200I:.3t....19:11ER DRIGRT 1. BROCK, CLERK JOSO N.Horseshac Dr. Naples, FL 34104 RIC Ell 35.50 COPIES 4.00 File# 07- 088 -IF Retn: CLERK !0 TH BOARD TDW19�eeordi'� 11401 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING D�WELLING UNITS This Agreement is entered into this -1 day of June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Home LLC (BUILDER),, and Edelmiro and Bemadita Robles (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. _ 2. The legal description of the dwellifiiilft°s ir�c)t�ed 5 Exhibit "A." 3. The term of this Agreemc t ig &N6m issuance of't eeement until six (6) months after issuance of the certificate/6f o ctiWa►�iEy�.the -dvy Iling u'*t(s), I 4. The amount of the impart f 'e rr f a ti C�UNTY in full upon the sale of the dwelling unit(s), u�ess IJd,1',11 igl ut�i s4d� o hous holds meeting the criteria set r �1 � forth in the Ordinance, �ir1d e"itiipact"fees are f�ly J e, er As set forth in Exhibit `B," the amount of the deferred intp t\lfees is Nineteen tYf©trM, nil,t�o } undred and seventy three dollars and 981100 (19,273.98). 5. The deferred impact fees shall 6o a %rl e j�p'Crfy 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 Iien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or D,...,. , .. r n Packet Page -2504- OR: 42! 7/24/2012 Item 16.D.6. declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER's successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: ' DWIGHT E': BROCiC;-Cferk By: Attest as to CM Deputy Clerk signature' 6n) y. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLO DA By: JAN46S COLETTA, Chairman BUILDER: Marco Bay Homes LLC Witnesses: •-- -� VCR Cc) Pri t Name On c Ica i Print Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumcn �astiacknowli by b—tk < WMItcho a as �, 1 Wojciechowski who is personally' identification. [ VULAME ( 1� ry Si atur of Nota Public gorry PrE1e - arr d FloAe� ) • Conmrron �..� Ie, zDSo- faolw�ibn E DD 57tl14 � h� � \�'Uil�s eadd er N�tlaW Natrry Aar (Print Name of Notary Public) Witnesses: �z ts day of !7►y) i? . 2007, r Marco Bay Homes LLC, Don produced —Of L 4;6ft+„ as Print Name ' Print Name ! r Witnesses: DEVE PER: Print Name: i✓�ein,,.n �vb+�s Title: DEV By: 1 i Print Name (6+ Print Name _ Title: '!.L+.,z ' . •yam „�..n Print Name D. -- � „c 1 Packet Page -2505- e +xm 1"—Z Sr 7 4-c !Y Ctc,k STATE OF FLORIDA COUNTY OF COLLIER t ,The For Ding instrument was by L� r �.k. V5 Ko L 1,f 3r as are perAonally known to me or have pi [NOTARIAL SEAL] i' A � wrirwsrrl+w r"..; 5 ov to form and s e Je Klatzkow ManiginMAssistant County Attorney ® OR: 42_ 7/24/2012 Item 16.D.6. ,viedged. before me this day of Uvy 2007, / f for Ede tr Bernadt Robels who I o/' /i identification. ( ignature of of + (Print Name of Notary Public) Recommend approv l; N�rcy Krumbine, Director of Housing & Human Services UA��� r 41+ Packet Page -2506- • OR: 42c 7/24/2012 Item 16.D.6. EXHIBIT "A" LEGAL DESCRIPTION 4015 161° Ave SE: West 75' of the West 150' of Tract 111, Golden Gate Estates, Unit 63, according to the map or plat thereof recorded in Plat Book 5, Page 22, 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 $ 112.68 C. Library Impact Fee $ 460.23 D. Parks Impact Fee: $3,003.00 E. Educational Facilities System Impact Fee $8,228.00 F. Road Impact Fee . ���t$f�'300 G. General Government Bui g ttipact Fee $ -y2g:-0b" /,t H. Law Enforcement Imp F�e 285. ,8 y'-) TOTAL IMPACT F� Packet Page -2507- 7/24/2012 Item 16.D.6. Permit Payment Fee History Report CDPR1121 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT- 2007041510 PERMIT NBR TYPE STATUS MASTER NBR 2007041510 BR2 CANCEL JOB DESCRIPTION JOB PHONE FRAMED S F 1 STY - MODULAR HOME GGE 2007 (239)389 -3500 CERT NBR DBA 30979 MARCO BAY HOMES, LLC OWNER INFORMATION ROBLES, EDELMIRO =& BERNADITA 144 ROYAL PALM DR STE 218 MARCO ISLAND, FL 0 341450000 TR NBR FEE CODE DESCRIPTION WAIVE STATUS AMOUNT DUE AMOUNT PAID DATE PAID 08BREV PERMIT REVISION N PENDING 50.00 08BREV PERMIT REVISION N PENDING 50.00 08BCIM BIG CORKSCREW FIRE IMP N PENDING - 1,062.72 08GGIM GOLDEN GATE FIRE IMPAC N PENDING 324.00 06REIN1 REINSPECTION 1 N PENDING 75.00 752959 08BAPM BLDG. PERMIT ADDIT. AP N POSTED 177.50 177.50 4/17/2007 752959 08BASA SEPTIC APPLICATION FEE N POSTED 212.50 212.50 4/17/2007 752959 19APFA COA APP FEE N POSTED 100.00 100.00 4/17/2007 756832 08BCIM BIG CORKSCREW FIRE IMP N POSTED 1,062.72 1,062.72 5/4/2007 756832 08BPNP BLDG PERMITS - NAPLES N POSTED 778.00 778.00 5/4/2007 756832 08CPSF COMM PK IMPACT FEE S/F N POSTED 935.00 935.00 5/4/2007 R, 756832 08EMSF EMS IMPACT FEE S/F N POSTED 100.59 100.59 5/4/2007 756832 08GBSF GOVT BLDG IMPACT FEE S N POSTED 725.00 725.00 5/4/2007 756832 08HDST HEALTH DEPT. SEPTIC TA N POSTED 425.00 425.00 5/4/2007 756832 08JLSF JAIL IMPACT FEE S/F N POSTED 112.68 112.68 5/4/2007 75.6832 08LBSF LIBRARY IMPACT FEE S/F N POSTED 460.23 460.23 5/4/2007 756832 08LWSF LAW ENF IMPACT FEE S/F N POSTED 285.46 285.48 5/4/2007 756832 08MFSG MICROFILM SURCHARGE N POSTED 5.34 5.34 5/4/2007 756832 08RPSF REG PK IMPACT FEE S/F N POSTED 2,068.00 2,068.00 5/4/2007 756832 08SCHI SCHOOL BOARD IMPACT FE N POSTED 8,228.00 8,228.00 5/4/2007 '756832 08SFR6 DIST 6 ROAD IMPACT FEE N POSTED 6,359.00 6,359.00 5/4/2007 756832 12SITE SITE INSPECTION - ENGINE N POSTED 150.00 150.00 5/4/2007 756832 08BACR BLDG. PERMIT APP. FEE N POSTED - 177.50 - 177.50 5/4/2007 756832 08BASA SEPTIC APPLICATION FEE N POSTED - 212.50 - 212.50 5/4/2007 756832 0813CAI BLDG.CODE CERT. SURCHA N POSTED 6.48 6.48 5/4/2007 756832 08RDGS BLDG. PERMIT SURCHARGE N POSTED 6.48 6.48 5/4/2007 756832 00CKOV CHECK OVERAGE -CDS N POSTED 3,192.00 3,192.00 5/4/2007 TOTAL DUE 24.436.28 TOTAL PAID 25,000.00 Collier County Printed on: 6/14/2012 10:29:50AM CD -plus for Windows 95/98/NT Packet Page -2508- Page 1 of 1 4053149 OR; 4 7/24/2012 Item 16.D.6. This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ZS� 'day of June, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes,;LLC. (BUILDER) and Elva Moreta (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. _ 2. The legal description of the dwellin-j Colitis Ott 3. The term of this Agreemegfri s from issuance of issuance of the 4. The amount of the the dwelling unit(s), unless 12-1 d dw�lll {{{^ l\ I forth in the Ordinance, litrd; paa wt 1 amount of the deferred i ' dt fees is "A." until six (6) months after JTY in full upon the sale of Ids meeting the criteria set set forth in Exhibit "B," the YtS /luu 0011ars Dty,L!isytSi 5. The deferred impact fees shall Fre a4tl�ri;€lajpio�y described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or D....a i ..Frd 1. 0 Packet Page -2509- RECORDED in OFFICIAL RECORDa vi wkwan wunrt, iu 07/30/2007 at 01:36PH DNIOET B. BROCK, CLERK Return to Ric FEE 35,50 COPIES {,00 Frank Ramsey Re Housing A Human Services M LTamismiTrali CLERK TO THE BOARD Naptea,FL34112 INTEROFFICE 1TN FLOOR E %T 8106 File# 07- 099 -IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ZS� 'day of June, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes,;LLC. (BUILDER) and Elva Moreta (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. _ 2. The legal description of the dwellin-j Colitis Ott 3. The term of this Agreemegfri s from issuance of issuance of the 4. The amount of the the dwelling unit(s), unless 12-1 d dw�lll {{{^ l\ I forth in the Ordinance, litrd; paa wt 1 amount of the deferred i ' dt fees is "A." until six (6) months after JTY in full upon the sale of Ids meeting the criteria set set forth in Exhibit "B," the YtS /luu 0011ars Dty,L!isytSi 5. The deferred impact fees shall Fre a4tl�ri;€lajpio�y described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or D....a i ..Frd 1. 0 Packet Page -2509- 7/24/2012 Item 16.D.6. OR; 426o ru, Joov 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, low incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: C *fi'`'t 21' , DWIQI&.t:'B$Od -k- Jerk ^yen Aft-esf - ,• ,Deputy Clerk "o -"hd 1 I Witnesses: of 1'e on 1. STATE OF FLRhasproduc COUNTY OF CR '1c The forens 'by-11"" 'Lk L i� known to me or ed [NOTARIAL SEA L] No" public Slate of Florida A WOOma Done fyy Co "010 20lo/nM DD559709 '#J:J FXPM 10 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA / By: A, Chairman � (-- ER, Marco Bay Homes, LLC By: �4 day of Tv K 2007, LLC., who is personally T�TgB .ZF' iotar �Plublic) 1 CZ- k ki 0 G4y—ll (Print Name of Notary Public) DEVELOPER, Elva Moreta r By: Print Name: Elva Moreta Title: STATE OF COUNTY OF The f oing ' t ent was ac wledged before me this X day of 07, by , as u for Elva Moreta, who i onally known to me or h pr d d as identiffc1t p� [NOTARIAL SEAL] ��NouryPUbYC teo Flo Cheryl B Fltrperafd 14 Canis on DD629282 a x!/15011 of Notary Packet Page -2510- J Reco end appro al: Ma4cy Krumbin , Jirector of attorney Housing & Human Services VD paaP I nf?"�i � Packet Page -2511- 7/24/2012 Item 16.D.6. OR: 42L cv. vvvi 7/24/2012 Item 16.D.6. OR: 426 J CUB JUUL EXHIBIT "A" LEGAL DESCRIPTION The West 75' of the East 150' of Tract 83, Unit 62, Golden Gate Estates, according to plat thereof recorded in Plat Book 5, Page 87, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT 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 _ I'R C() F. Educational Facilities Sys I`t> G. Road Impact Fee H. Government BuiIdi s I pact F e--,,— �r I. Law Enforcement I p t ee TOTAL IMPACT FEE $ E C I 1AK Appmed — /_ /_ Packet Page -2512- Amount Owed $100.59 $112.68 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,273.98 7/24/2012 Item 16.D.6. Permit Payment Fee History Report �- - t CDPR1121 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT- 2007061234 PERMIT NBR TYPE STATUS MASTER NBR 2007061234 BR2 CANCEL JOB DESCRIPTION JOB PHONE FRAMED SIF 1 STY - MODULAR HOME GGE 2007 (239 ) 389 -3500 CERT NBR DBA 30979 MARCO BAY HOMES, LLC OWNER INFORMATION MORETA, ELVA A 144 ROYAL PALM DR STE 218 MARCO ISLAND, FL 0 341452010 TR NBR FEE CODE DESCRIPTION WAIVE STATUS AMOUNT DUE AMOUNT PAID DATE PAID 08BCIM BIG CORKSCREW FIRE IMP N PENDING 1,062.72 08SPNP BLDG PERMITS - NAPLES N PENDING 778.00 08CPSF COMM PK IMPACT FEE SIF N PENDING 935.00 08EMSF EMS IMPACT FEE S/F N PENDING 100.59 08GBSF GOVT BLDG IMPACT FEE S N PENDING 725.00 08JLSF JAIL IMPACT FEE SIF N PENDING 112.68 08LBSF LIBRARY IMPACT FEE SIF N PENDING 460.23 08LWSF LAW ENF IMPACT FEE SIF N PENDING 285.48 08MFSG MICROFILM SURCHARGE N PENDING 3.00 08RDGS BLDG. PERMIT SURCHARGE N PENDING 6.48 08RPSF REG PK IMPACT FEE S/F N PENDING 2,068.00 08SCHI SCHOOL BOARD IMPACT FE N PENDING 8,228.00 08SFR6 DIST 6 ROAD IMPACT FEE N PENDING 6,359.00 08TROP TRANSPORTATION R.O.W. N PENDING 150.00 12SITE SITE INSPECTION - ENGINE N PENDING 150.00 08BACR BLDG. PERMIT APP. FEE N PENDING - 187.50 08BASA SEPTIC APPLICATION FEE N PENDING - 212.50 08HDST HEALTH DEPT. SEPTIC TA N PENDING 425.00 083CAI BLDG.CODE CERT. SURCHA N PENDING 6.48 769550 08BASA SEPTIC APPLICATION FEE N POSTED 212.50 212.50 6/13/2007 769550 19APFA COA APP FEE N POSTED 100.00 100.00 6/13/2007 769550 08BAPP BLDG. PERMIT APPLICATI N POSTED 187.50 187.50 6/13/2007 TOTAL DUE 21,955.66 TOTAL PAID 500.00 Collier County Printed on: 6/14/2012 10:22:13AM CD -PLUS for windows 95/98/NT Packet Page -2513- Page I of I This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS . This Agreement is entered into this ZS day of June, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER) and Gary Hildebrandt (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terns of the Ordinance shall apply. 2. The legal description of the dweliittgltjhtt as Exhibit "A." yx,'' 3. The term of this Agreemes ffom Issuance of tltis.Ac eement until six (6) months after issuance of the certificate of o c pa`ncy e.dVelling 4. The amount of the impact f es/d e �� .` + �' to npu C UNTY in full upon the sale of the dwelling unit(s), le s �tht d it n is tare s d eholds meeting the criteria sat c � `. � �'.� f " forth th the Ordinance, a tmpac`ii'ees are ty &�rred*`.As set forth in Exhibit "B," the N� �`` / amount of the deferred i131t l fees is Nineteen hodsaiid�'i�vo Hundred Seventy Three and 981100 Dollars (519,273.98 \�`yy 5. The deferred impact fees shall lit, arrl'lbttdxtn& ° 64 described in Exhibit "A," which Iien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shalt 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 from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Packet Page -2514- 4053147 OR; 4 7/24/2012 Item 16.D.6. RECORDED in OFFICIAL RECORDS of cuuilix cuumrt, rL 07/30/2007 at'01.36PK DAIGHT E. HROCK, CUR Relurs to He M 15.90 COPIES 4.40 Frank Ramsey Retn: Housing &Human services 3301 L Tamiaml Trail CLERK TO THE BOARD a0 Naples, FL 34112 IRTRROFIICE 4TH FLOOR Bit 8406 File# 07- 100 -IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS . This Agreement is entered into this ZS day of June, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER) and Gary Hildebrandt (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terns of the Ordinance shall apply. 2. The legal description of the dweliittgltjhtt as Exhibit "A." yx,'' 3. The term of this Agreemes ffom Issuance of tltis.Ac eement until six (6) months after issuance of the certificate of o c pa`ncy e.dVelling 4. The amount of the impact f es/d e �� .` + �' to npu C UNTY in full upon the sale of the dwelling unit(s), le s �tht d it n is tare s d eholds meeting the criteria sat c � `. � �'.� f " forth th the Ordinance, a tmpac`ii'ees are ty &�rred*`.As set forth in Exhibit "B," the N� �`` / amount of the deferred i131t l fees is Nineteen hodsaiid�'i�vo Hundred Seventy Three and 981100 Dollars (519,273.98 \�`yy 5. The deferred impact fees shall lit, arrl'lbttdxtn& ° 64 described in Exhibit "A," which Iien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shalt 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 from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Packet Page -2514- 7/24/2012 Item 16.D.6. OR: 426j•ru, aorj declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest; , y [)(X? DWIGI# $I 066 1 :Clerk BOARD OF COUNTY COMMISSIONERS " COLLIER COUNTY, FLORIDA B C By: ��.�� �t Clerk AMES COLETTA, Chairman Signature on) Witnesses: / ------ 9U_1_L.DER, Marco Bay Homes, LLC P nt Name , f, �iucYri� o+<t STATE OF FLORIDA COUNTY OF COLLIER 1 The foregoing ins nl efo day of _J U�t , 2007, by We e ?tcks c 6-ta �1 f o a omes LLC., who is personally known to me or has produced L ' �" dentification. [NOTARIAL SEAL] � C1� � / % 0 Ili _tift4diary Public) yw NowryPUDGC$Wldfiatltl! WCOW "005 a9 �/�,/ 4i0MODMIa (Print Name of Notary Public) Witnesses: DEVELOPER, Gary Hildebrant Print Name ( �.:_/,ocl By: Prin4dfine: d r ildebrant Title: Print Name -r —' STATE OF E%ri d k COUNTY OF ro n °r The foregoing instrument was owledged before me this day of , 2007, by • , as 5e-L for Gary Hildebrant, who i personally known to.,pr e of has produced as identification. [NOTARIAL SEAL] 12, 4 � !&. (Sfghhture of Notary Public) f Notary Pio is Sale d Fbride �j o �"1 • !� O / Qd n AmeMGo. (Print ame of Notary Public) N. �T My Comm,stion pp44d714 Packet Page -2515- OR: 7/24/2012 Item 16 . D . 6 . OR: 426., Recommend approval: cy Krumbine, director of ,ttomey Housing & Human Services r r-• w. OY D-- I ..r-r 7, "�(- Packet Page -2516- N 7/24/2012 Item 16.D.6. OR' 426 � J iVt JVlJ EXTMIT "A" LEGAL DESCRIPTION The East 75' of the West 150' of Tract 12, Unit 79, Golden Gate Estates, according to the plat thereof recorded in Plat Book 5, Page 17, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT 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 Syste iT-.eir G. Road Impact Fee H. Government Buildings IctigaF�` —'— t° I. Law Enforcement f pOffl 4 TOTAL IMPACT FEET j �.L/'�.�� )AK Approved —/—/— Packet Page -2517- 1�. =J/ Amount Owed $100.59 $112.68 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,273.98 Permit Payment Fee History Report CDPRI121 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT- 2007061229 TR NBR 769542 769542 769542 PERMIT NBR TYPE STATUS MASTER NBR 2007061229- BR2 VOID JOB DESCRIPTION JOB PHONE FRAMED S F 1 STY - MODULAR HOME GGE 2007 (239)389 -3500 CERT NBR DBA 30979 MARCO BAY HOMES, LLC OWNER INFORMATION HILDEBRANDT, GARY V 144 ROYAL PALM DR STE 218 MARCO ISLAND, FL 0 341452010 FEE CODE 08BCAI 08BPNP 08CPSF 08EMSF 08GESF 08JLSF 08LBSF 08LWSF 08MFSG 08RDGS 08RPSF 08SCHI 08SFR6 12SITE 08BACR 08TROP 08BASA 08BAPP 19APFA 08BASA DESCRIPTION WAIVE STATUS BLDG.CODE CERT. SURCHA N PENDING BLDG PERMITS - NAPLES N PENDING COMM PK IMPACT FEE S/F N PENDING EMS IMPACT FEE S/F N PENDING GOVT BLDG IMPACT FEE S N PENDING JAIL IMPACT FEE S/F N PENDING LIBRARY IMPACT FEE S/F N PENDING LAW ENF IMPACT FEE S/F N PENDING MICROFILM SURCHARGE N PENDING BLDG, PERMIT SURCHARGE N PENDING REG PK IMPACT FEE S/F N PENDING SCHOOL BOARD IMPACT FE N PENDING DIST 6 ROAD IMPACT FEE N PENDING SITE INSPECTION - ENGINE N PENDING BLDG. PERMIT APP. FEE N PENDING TRANSPORTATION R.O.W. N PENDING SEPTIC APPLICATION FEE N PENDING BLDG. PERMIT APPLICATI N POSTED COA APP FEE N POSTED SEPTIC APPLICATION FEE N POSTED TOTAL DUE TOTAL PAID 7/24/2012 Item 16.D.6. (') t- - I O u' - ; r— AMOUNT DUE AMOUNT PAID DATE PAID 6.48 778.00 935.00 100.59 725.00 112.68 460.23 285.48 3.00 6.48 2,068.00 8,228.00 6.359.00 150.00 - 187.50 150.00 - 212.50 187.50 187.50 6/13/2007 100.00 100.00 6/13/2007 212.50 212.50 6/13/2007 20,467.94 500.00 Collier County Printed on: 6/14/2012 10:22:33AM CD -plus for Windows 95/98/NT Packet Page -2518- Page 1 of 1 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of June, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC, (BUILDER) and Cheriee Moore (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelliti tillitis kifioUt4as,Exhibit "A." � � •� 3. The term of this Agreement i' om issuance of llt reement until six � �,;� -' . IIS �Ag � (6) months after issuance of the certificate, /of ofcF;pan0y for-the,dwelling Wait( 4. The amount of the imp ct f es fdtir rFS 'sh1l 4- g ;o� C LINTY in full upon the sale of the dwelling unit(s), ess th dwtelQ u1}�its s� oo households meeting the criteria set forth in the Ordinance �he rl acC`fe s are 1 ffe'rr J ~' As t p y `c>;1 se forth In Exhibit "B," the amount of the deferred trh aft fees is Nmeteen tisaMd-1,fi4vo Hundred Seventy Three sinti yof i uu liouars t3 ix.l �s.tcd �-1 '�� c• -% � _ `' IN I / 5. The deferred impact fees shall 1�aA*ntpnm fif� drty described in Exhibit "A," which lien may be foreclosed upon in the event ;T—no—n--compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or D--- 1 ..F7 Packet Page -2519- 4072575 OR`" 4 7/24/2012 Item 16.D.6. RBCORDBD in OI7ICIAL RECORDS of cubblDx COVITi, r; 0411412007 at'03:38PK DWIGHT B. BROCI, CLIRI Return to RBC "1 35.50 Frank Ramsey COPIRS 4.00 Housing & Haman Services Retg: 3301 E.Tamlaml Trail CLHRI TO 781 BOARD Naples, FL 34112 IRTHROIIICI 4TH ILOOR File# 07- 102 -IF HIT 7240 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this day of June, 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC, (BUILDER) and Cheriee Moore (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelliti tillitis kifioUt4as,Exhibit "A." � � •� 3. The term of this Agreement i' om issuance of llt reement until six � �,;� -' . IIS �Ag � (6) months after issuance of the certificate, /of ofcF;pan0y for-the,dwelling Wait( 4. The amount of the imp ct f es fdtir rFS 'sh1l 4- g ;o� C LINTY in full upon the sale of the dwelling unit(s), ess th dwtelQ u1}�its s� oo households meeting the criteria set forth in the Ordinance �he rl acC`fe s are 1 ffe'rr J ~' As t p y `c>;1 se forth In Exhibit "B," the amount of the deferred trh aft fees is Nmeteen tisaMd-1,fi4vo Hundred Seventy Three sinti yof i uu liouars t3 ix.l �s.tcd �-1 '�� c• -% � _ `' IN I / 5. The deferred impact fees shall 1�aA*ntpnm fif� drty described in Exhibit "A," which lien may be foreclosed upon in the event ;T—no—n--compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or D--- 1 ..F7 Packet Page -2519- OR: 4282 7/24/2012 Item 16.D.6. declare that the deferred impact fees are then in default and immcdiately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date- and year fast above written. Attest: DWIGHT e. i?dFr, Clerk- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' p By. ' �J,C - By: Iii j211(J�- ; ` lark "JAMES COLETTA, Chairman 'Atiltt,.�f ityn :Lir�'�tg Witnesses,:,' . . BUILDER, Marco Bay Homes, LLC Print Name 13 r, kZV�_ STATE OF FLORIDA COUNTY OF COLLIER G byJk.6l' tt '�C� rc .uo , Ht �C . known to me or has produced [NOTARIAL SEAL] a• Nowy Pudic SWeot FW0 Diane A WO.W y b. AAy Cm.. DD559709 'fan Exwes06N MID Witnesses: �' dare Pri t Name" N AN Auy 4rL0,%ti Print 4!m x_yzx STATE OF 6k� COUNTY OF Dr� The foreg mg t by ike- l� tt as to me or has produced [NOTARIAL SEAL] Notary. ��ot �� Yexn�eReY� Dtr�>� '��� ���tny�R009 was day of J L)4 2007, LLC., who is personally mnz�� DEVELOPER, Cheriee Moore By: C) ?A IV U"DZ -P Print Name: Cheriee Moore Title: before me this P-2 day of i " , 2007, _ for Cheriee Moore, who is personally known as identifrcatim (Print Name of Notary Paee 2 of 2 Packet Page -2520- OR; 428; 7/24/2012 Item 16.D.6. Recommend approval: )",� Lj::2-f M cy Krumbine, birector of attorney Housing & Human Services r"1,\ 't VE C i D-1 nF'i Packet Page -2521- OR; 4282 7/24/2012 Item 16.D.6. EXHIBIT "A" LEGAL DESCRIPTION AOW The East 75' of the West 180' of Tract 66, Unit 42 Golden Gate Estates, according to the Plat thereof as recorded in Plat Book 7, Page 27, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT 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 r � F. Educational Facilities Syst@� G. Road Impact Fee ���/ H. Government Buildin s I pa Fee I. Law Enforcement pa ee r C' ()U�� TOTAL IMPACT FEE ( ` J' .0/ TfJt:L: !L %� JAKAppmed_/ / Packet Page -2522- Amount Owed $100.59 $112.68 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,273.98 AM Permit Payment Fee History Report CDPRI121 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT- 2007061235 TR NBR 769552 769552 769552 PERMIT NBR TYPE STATUS MASTER NBR 2007061235 BR2 VOID JOB DESCRIPTION JOB PHONE FRAMED SIF 1 STY - MODULAR HOME GGE 2007 (239)389 -3500 CERT NBR DBA 30979 MARCO BAY HOMES, LLC OWNER INFORMATION MOORE, CHERIEE C 144 ROYAL PAM DR STE 218 MARCO ISLAND, FL 0 341450000 FEE CODE 08CPSF 08EMSF 08GBSF 08HDST 08JLSF 08LBSF 08LWSF 08MFSG 08RDGS 08RPSF 08SCHI 08SFR6 08TROP 12SITE 08BACR 08BASA 08BCAI 08BCIM 08BPNP 08BAPP 19APFA 08BASA DESCRIPTION WAIVE STATUS COMM PK IMPACT FEE SIF N PENDING EMS IMPACT FEE SIF N PENDING GOVT BLDG IMPACT FEE S N PENDING HEALTH DEPT. SEPTIC TA N PENDING JAIL IMPACT FEE SIF N PENDING LIBRARY IMPACT FEE SIF N PENDING LAW ENF IMPACT FEE S/F N PENDING MICROFILM SURCHARGE N PENDING BLDG. PERMIT SURCHARGE N PENDING REG PK IMPACT FEE SIF N PENDING SCHOOL BOARD IMPACT FE N PENDING DIST 6 ROAD IMPACT FEE N PENDING TRANSPORTATION R.O.W. N PENDING SITE INSPECTION- ENGINE N PENDING BLDG. PERMIT APP. FEE N PENDING SEPTIC APPLICATION FEE N PENDING BLDG.CODE CERT. SURCHA N PENDING BIG CORKSCREW FIRE IMP N PENDING BLDG PERMITS - NAPLES N PENDING BLDG. PERMIT APPLICATI ITT POSTED COA APP FEE N POSTED SEPTIC APPLICATION FEE N POSTED TOTAL DUE TOTAL PAID 7/24/2012 Item 16.D.6. AMOUNT DUE AMOUNT PAID DATE PAID 935.00 100.59 725.00 425.00 112.68 460.23 285.48 3.00 6.48 2,068.00 8,228.00 6,359.00 150.00 150.00 - 187.50 - 212.50 6.48 1,062.72 778.00 187.50 187.50 6/13/2007 100.00 100.00 6/13/2007 212.50 212.50 6/13/2007 21,955.66 500.00 Collier County Printed on: 6/14/2012 10:23:13AM CD -plus for Windows 95/98/NT Packet Page -2523- Page 1 of 1 ' 4095540 OR; 43C 7/24/2012 Item 16.D.6. RECORDED in OFFICIAL RECORDS of COLLIER COORTI, FL Return to 11/14/2007 at 02tOOFE MIGHT E. BEOCK, CLERK RIC FEE 35.50 Frank Ramsey COPIES 4.00 Housing & Human services Retn: 3301 E. Tamismi Trail Naples. FL 34112 CLERK TO THE BOOED INTEROFFICE 4TH FLOOR W File# 07- 104 -IF BIT 7246 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS a o 20r This Agreement is entered into this day of 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Horses, LLC. (BUILDER) and CD7 Investments, LLC. (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwellilag�iir<i�iRfitii4i$d "xhibit "A." 3. The term of this Agreement ''g -&irl issuance of this,Areement until six (6) months after {• -'i \ issuance of the certificate o o c,1p=cTibrjhe dwcWng unit(s).`\ 4. The amount of the im ac fee edhrd�l P �, jjt, �. �- 'c�toOL•jNTY in full upon the sale of the dwelling unit(s), unl s t('ie ¢wel�in� is l�t h set }hfolds meeting the criteria set forth in the Ordinance, at t�ttiin act `EeeS' de 1 �Z6 set forth in Exhibit "B," the e v, e, amount of the deferred im '' fees is Nineteen T and `ci Hundred Seventy Three and 98/100 Dollars ($19.273.98). 5. The deferred impact fees shall bi Ili :qj� }'},fie-'- r y�ep�,� described in Exhibit "A," which lien may be foreclosed upon in the event o non— compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. 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 panty with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or n...,e 1 _ro. -z ­e Packet Page -2524- 7/24/2012 Item 16.D.6. OR; 4302 PG. JLJ1 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8, This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT e..$ROCK, Clerk VI to ChaRi iityfCierk sipnature.oill Witnesses: BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, FWHII?J&D- JAMES By: COLE a1Ne f So By: Name_ V n,C Pr; , STATE OF FLORIDA COUNTY OF COLLIER The foregoine ins by �dv� i(tiPi 4f�� known to me oklias produced [NOTARIAL SEAL] Barbara J. Sasi #� �I commimion 0 DD39 p,Piro: FEE. D9. 3 (Print Name .m u Adende Bonding Witne es: DE Prin ame By. _ Print t` Title: Print Name Marco Bay Homes, LLC day of t/ d tf,_2007, LLC., who is personally CDJ Investments, LLC, \� ivMW PUBUC -STAn OF RLOUM �j Barbara J. Sanborn STATE OF l� V► G Commission i DD395195 COUNTY OF Hzplreu nL 09, 2009 �� Banded Thm Adoade Banding Cat, Inc. The foregoing in was acknowledged before me this _] i__ day o� . - , 2007, Ias REA- for CDJ Investments, LLC., who is personally kP� to me or has produced as ide ' ation. [NOTARIAL SEAL] ��— (Signature of Pub ic) lo"Pdk - emb oteoa � j � w.r NrBe • «r. .r � � 1 sM � owl (Print Name of Notary Public) omm plq Naftr PaoP') nf. -4 Ad Packet Page -2525- 7/24/2012 Item 16.D.6. OR: 430, cv. j, Recommend approval: z.� cy Krumbin4 director of attorney Housing & Human Services J Noe I nf.P- 3 '(K— Packet Page -2526- 7/24/2012 Item 16.D.6. OR: 4302 ;... J4JJ EXHIBIT "A" LEGAL DESCRIPTION The East 75 feet of the East 150 feet of Tract 40, Unit 79, Golden Gate Estates, according to the plat thereof recorded in Plat Book 5, Page 17, 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 $112.68 C. Library Impact Fee $460.23 D. Community Parks Impact Fee $935.00 E. Regional Parks Impact Fee $2,068.00 F. Educational Facilities Systc// � T,*�l — — ��� $8,228.00 G. Road Impact Fee // $6,359.00 H. Government Building Impactee $725.00 I. Law Enforcement Im ct a $285.48 TOTAL IMPACT FEES 1 $19,273.98 i N� )AK Approvcd / / Packet Page -2527- Permit Payment Fee History Report CDPR1121 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT- 2007061241 PERMIT NBR TYPE STATUS MASTER NBR 2007061241 BR2 VOID JOB DESCRIPTION JOB PHONE FRAMED S F 1 STY- MODULAR HOME GGE 2007 (239)389 -3500 CERT NBR DBA 30979 MARCO BAY HOMES, LLC OWNER INFORMATION CDJ INVESTMENTS LLC 144 ROYAL PALM DR STE 218 MARCO ISLAND, FL 0 341452010 7/24/2012 Item 16.D.6. U I i �_ t i TR NBR FEE CODE DESCRIPTION WAIVE STATUS AMOUNT DUE AMOUNT PAID DATE PAID 08BCAI BLDG.CODE CERT. SURCHA N PENDING 6.48 08BPNP BLDG PERMITS - NAPLES N PENDING 778.00 08CPSF COMM PK IMPACT FEE S/F N PENDING 935.00 08EMSF EMS IMPACT FEE SIF N PENDING 100.59 08GBSF GOVT BLDG IMPACT FEE S N PENDING 725.00 08GGIM GOLDEN GATE FIRE IMPAC N PENDING 324.00 08HDST HEALTH DEPT. SEPTIC TA N PENDING 425.00 08JLSF JAIL IMPACT FEE SIF N PENDING 112.68 08LBSF LIBRARY IMPACT FEE SIF N PENDING 460.23 08LWSP LAW ENF IMPACT FEE SIF N PENDING 285.48 08MFSG MICROFILM SURCHARGE N PENDING 3.00 08RDGS BLDG. PERMIT SURCHARGE N PENDING 6.48 08RPSF REG PK IMPACT FEE SIF N PENDING 2,068.00 08SCHI SCHOOL BOARD IMPACT FE N PENDING 8,228.00 08SFR6 DIST 6 ROAD IMPACT FEE N PENDING 6,359.00 08TROP TRANSPORTATION R.O.W. N PENDING 150.00 12SITE SITE INSPECTION- ENGINE N PENDING 150.00 08BACR BLDG. PERMIT APP. FEE N PENDING - 187.50 08BASA SEPTIC APPLICATION FEE N PENDING - 212.50 769557 08BAPP BLDG. PERMIT APPLICATI N POSTED 187.50 187.50 6/13/2007 769557 19APFA COA APP FEE N POSTED 100.00 100.00 6/13/2007 769557 08BASA SEPTIC APPLICATION FEE N POSTED 212.50 212.50 6/13/2007 TOTAL DUE 21,216.94 TOTAL PAID 500.00 Collier County Printed on: 6/14/2012 10:23:47AM CD -Plus for Windows 95/98/NT Packet Page -2528- Page 1 of 1 409539 OR.• 43_!/24/2012 Item 16.D.6. RECORDED in OFFICIAL AECOADS at COLLIER COUNTY, FL Return to 11/14/2007 at 02:00FK DWIGHT E. EROCE, CLEAE Frank AEC 111 35.50 Housing msey Hng Human Services COMS 4.00 Retn: 3301 E. Tmmismi Trail Nopies, Ft 34112 CLINK TO THE HOARD INTEROFFICE 4TH FLOOR File# 07- 105-IF II? 7240 This sryce for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS "o ov i e This Agreement is entered into this ui day of 4tatc 200 7, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER) and CDJ Investments, LLC. (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dweltirt61at4aI e 3. The term of this Agreemenyxsoin Issuance of issuance of the certificate of oceu an� bc�he cis 4. The amount of the impact fer s�dg�8�reiZ Kali to the dwelling unit(s), untkell*act #ie klwe(i forth in the Ordinance fees aze u amount of the deferred i tt}a4 &fees is Nineteen "A." until six (6) months after vTY in full upon the sale of olds meeting the criteria set set forth in Exhibit "B," the 98/100 Dollars t$19,273.98) X 1: s_ 5. The deferred impact fees shall beta li�etl tlieitd{iedescribed in Exhibit "A," which lien J_A x may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a Iien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of Iien 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 from. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Packet Page -2529- 7/24/2012 Item 16.D.6. OR, 4302 PG: 3247 declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: D6G,#3'i<e. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By 7407�- ;. to CMQwty&Clerk 'TAMES COLETTA, Chairman ,k,iimw' {ure on l" EQJI DER, Marco Bay Homes, LLC P ' t NWrie _ o.'s 5 i'R COO--' STATE OF FLORIDA COUNTY OF COLLIER b� The fo of A"(tsy known to me or h&4,Arodr [NOTARIAL SEAL] NOTMY PUBLIC-STATE OF FLORIDA y y Barbara J. Sanborn Commlwton F DD995195 (Punt Name 9OMI FRB. 09, 9004 sanded ThnAd=de 6mini Co. Fne. WItIt S: Print Name C By: - Print u Gi 6tR w/t� Title: Print sine_Dx� inlOF�2 GHAryuy�• day of IA6A 2007, LLC., who is personally Investments, LLC. i� STATE OF COUNTY OFQQLVCT- The foregoing InstnixtLent was acknowledged before me this IS- day of 2007, by 'segs �} t`e5V4 oC— for CDJ Investments, LLC., who is personally knew to me or has prod deed as ' of cation. (NOTARIAL SEAL] (Signatur o otary Public) u G,AMUPACKC0 , 11e1M9 PVW VAN . N of f10Ad6 cu ■+�+OA # p9 623921 (Print Name of tary Public) C fled •area Packet Page -2530- 7/24/2012 Item 16.D.6. OR: 4302 iwe JGIV App ve t to Recommend approval: legal �A Jeffrey tzkow Mar Krumbia , irector of Manag' g, istant County Attorney Housing & Human Services t re�, C. 1, Pacer I of a' 2 d. Packet Page -2531- . 7/24/2012 Item 16.D.6. OR, 4302 Pte. 4472 - EXHIBIT "A" LEGAL DESCRIPTION The West 75' of the East 150' of Tract 23, Unit 47, Golden Gate Estates, according to plat thereof recorded in Plat Book 7, Page 32, of the Public Records of Collier County, Florida. EXHIBIT "B" IMPACT 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 SystpnIJ p G. Road Impact Fee ��'� H. Government Buitd71paq s Ir paci Fed I. Law Enforcement F�4 '( TOTAL IMPACT FEE JAK Approved —/—/— �A\ \� tl Packet Page -2532- Amount Owed $100.59 $112.68 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $19,273.98 Permit Payment Fee History Report CDPR1121 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT- 2007061239 PERMIT NBR TYPE STATUS MASTER NBR 2007061239 BR2 VOID JOB DESCRIPTION JOB PHONE FRAMED S F 1 STY - MODULAR HOME GGE 2007 (239)389 -3500 CERT NBR DBA 30979 MARCO BAY HOMES, LLC OWNER INFORMATION CDJ INVESTMENTS LLC 144 ROYAL PALM DR MARCO ISLAND, FL 0 341452010 7/24/2012 Item 16.D.6. TR NBR FEE CODE DESCRIPTION WAIVE STATUS AMOUNT DUE AMOUNT PAID DATE PAID 08BCAI BLDG.CODE CERT. SURCHA N PENDING 6.48 08BCIM BIG CORKSCREW FIRE IMP N PENDING 1,062.72 08BPNP BLDG PERMITS - NAPLES N PENDING 778.00 08CPSF COMM PK IMPACT FEE S/F N PENDING 935.00 08EMSF EMS IMPACT FEE S/F N PENDING 100.59 08GBSF GOVT BLDG IMPACT FEE S N PENDING 725.00 08HDST HEALTH DEPT. SEPTIC TA N PENDING 425.00 08JLSF JAIL IMPACT FEE S/F N PENDING 112.68 08LBSF LIBRARY IMPACT FEE S/F N PENDING 460.23 08LWSF LAW ENF IMPACT FEE S/F N PENDING 285.48 08MFSG MICROFILM SURCHARGE N PENDING 3.00 08RDGS BLDG. PERMIT SURCHARGE N PENDING 6.48 08RPSF REG PK IMPACT FEE SIP N PENDING 2,068.00 08SCHI SCHOOL BOARD IMPACT FE N PENDING 8,228.00 08SFR6 DIST 6 ROAD IMPACT FEE N PENDING 6,359.00 08TROP TRANSPORTATION R.O.W. N PENDING 150.00 12SITE SITE INSPECTION- ENGINE N PENDING 150.00 08BACR BLDG. PERMIT APP. FEE N PENDING - 187.50 08BASA SEPTIC APPLICATION FEE N PENDING - 212.50 769555 08BAPP BLDG. PERMIT APPLICATI N POSTED 187.50 187.50 6/13/2007 769555 19APFA COA APP FEE N POSTED 100.00 100.00 6/13/2007 769555 08BASA SEPTIC APPLICATION FEE N POSTED 212.50 212.50 6/13/2007 TOTAL DUE 21,955.66 TOTAL PAID 500.00 Collier County Printed on: 6/14/2012 10:24:03AM CD -Plus for windows 95/98/NT Packet Page -2533- Page 1 of 1 t/�'}Nf 7/24/2012 Item 16.D.6. 4076998 OR: 42. i we YJY RECORDED is OPPICIAL RECORDS of COLLIER MUM, fL 09/27/2007 at 1115AK DEIGBT B. BROCE, CLERE Return to lit PRE 27.00 Frank Ramsey COPIES 3.00 Housing & Human Services Reta: 3301 E. Tamiami Trail CLERI TO THE BOARD Naples. FL 34it2 IRTEROPIICI 4TH FLOOR File# 07- 140 -IF SIT 7240 This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this � day of June, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER), , and Rachid M. Alaoui (DEVELOPER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated impact Fee Ordinance" (Ordinance), in the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwellig`jutrt asaks�ci exhibit "A." 1 The term of this Agreemet 6z_i cm issuance of this r6,-men1 until six (6) months after issuance of the certificate b //f o�''culan ncv fo Oiling unit(s)� 4. The amount of the impa t feks'dcI + _ tit O�TY in full upon the sale of the dwelling unit(s), unl ss �he 4 w ling t , ,e -sot, t I Fs holds meeting the criteria set forth in the Ordinance, d1he impact fees are di l de rr " ` p �y� /e�Iy,l�ls set forth m Exhibit "B, the amount of the deferred im r4,' 41 is Nineteen 7�ilus/�d�yvo Hundred Seventy Three and 98/100 Dollars ($19,273.98). \f f�\. J- ;x� . 5. The deferred impact fees shall be4`1443 e . etty described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement, This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by Iaw, 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Packet Page -2534- OR: 4285 7/24/2012 Item 16.D.6. fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER's successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above writt rhfyr Attest: DWIGHT: BROCK filer B. Attest as'to CNJrsd DsputyClerk S h;- Idture cn l if Witnesses: Print Name—T Pri t Name 0 0c"\\ L . ' Q STATE OF FLORIDA lQ� COUNTY OF COLLIER The foregoing instrument c 01 by��' kmeoee ' as I N4 personally known to me or has ! ti ► Y F+hk - 8" of Fk1 t \ c'*W" E* e.tJW A 2Dto 01"brtOe e oo smtt tote 9y N*r. w NW� AWL Print Name_ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL RIDA By: 9IZ </z,0b+ J COLETTA, Chairman BUILDER: Marco Bay Homes, LLC By: Print Name: _ ✓ e: ..,1.�tr_F,� ", _ day of �_, 2007, Bay Homes, LLC, whose is %4)V otary Public) DEVELOPER: Rachid M. Alaoui By: L— Print Name: Title: STATE OF FLORIDA COUNTY OF COLLIER ` kr The fQregoi g ' t• trument, was acknowledged before me this � day of ham- , 2007, W- L. v-t whose is personally known to me or has produced :- v 1 as identification. [C, aim ""'o (Signature of Notary Public) ;5R-2( VW-1 - Cau_INS (Print Name of Notary Public) Ap ov to form and Recommend approv, leg s Jeff y K]atzkow c Krumbine, bActor of Marligi i Assistant County Attorney Housing & Human Services Page 2 of 2 Packet Page -2535- *** OR: 4285 7/24/2012 Item 16.D.6. EXHIBIT "A" LEGAL DESCRIPTION 2860 20'b Ave NE West 75' of the West 150' of Tract 94, Golden Gate Estates, Unit 70, according to the map thereof recorded in Plat Book 5, Page 6, 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 $ 112.68 C. Library Impact Fee $ 460.23 D. Parks Impact Fee $ 3,003.00 E. Educational Facilities System Impact Fee $ 8,228.00 F. Road Impact Fee $ 6,359.00 G. General Government Building Impact Fee $ 725.00 H. Law Enforcement Impact Fee $ 285.48 TOTAL IMPACT FEES $ 19,273.98 O r ) CC;� Packet Page - 2536 Permit Payment Fee History Report CDPR1121 - Permit Payment Fee History Report PAYMENT SLIP NBR: PT- 2007061220 PERMIT NBR TYPE STATUS MASTER NBR 2007061220 BR2 VOID JOB DESCRIPTION JOB PHONE FRAMED S F 1 STY - MODULAR HOME GGE 2007 (239)389 -3500 CERT NBR DBA 30979 MARCO BAY HOMES, LLC OWNER INFORMATION ALAOUI, RACHID M 144 ROYAL PALM DR STE 214 MARCO ISLAND, FL 0 341450000 7/24/2012 Item 16.D.6. TR NBR FEE CODE DESCRIPTION WAIVE STATUS AMOUNT DUE AMOUNT PAID DATE PAID 08BCAI BLDG.CODE CERT. SURCHA N PENDING 6.48 08BCIM BIG CORKSCREW FIRE IMP N PENDING 1,062.72 08BPNP BLDG PERMITS - NAPLES N PENDING 778.00 08CPSF COMM PK IMPACT FEE S/F N PENDING 935.00 06EMSF EMS IMPACT FEE S/F N PENDING 100.59 08GBSF GOVT BLDG IMPACT FEE S N PENDING 725.00 08HDST HEALTH DEPT. SEPTIC TA N PENDING 425.00 08JLSF JAIL IMPACT FEE S/F N PENDING 112.68 08L13SF LIBRARY IMPACT FEE S/F N PENDING 460.23 08LWSF LAW ENF IMPACT FEE S/F N PENDING 285.48 08MFSG MICROFILM SURCHARGE N PENDING 3.00 08RDGS BLDG. PERMIT SURCHARGE N PENDING 6.48 08RPSF REG PK IMPACT FEE S/F N PENDING 2,068.00 08SCHI SCHOOL BOARD IMPACT FE N PENDING 8,228.00 08SFR6 DIST 6 ROAD IMPACT FEE N PENDING 6,359.00 08TROP TRANSPORTATION R.O.W. N PENDING 150.00 12SITE SITE INSPECTION - ENGINE N PENDING 150.00 08BACR BLDG. PERMIT APP. FEE N PENDING - 187.50 08BASA SEPTIC APPLICATION FEE N PENDING - 212.50 769522 19APFA COA APP FEE N POSTED 100.00 100.00 6/13/2007 769522 08BAHR SEPTIC REVIEW APP FEE N POSTED 212.50 212.50 6/13/2007 769522 08BAPP BLDG. PERMIT APPLICATI N POSTED 187.50 187.50 6/13/2007 TOTAL DUE 21,955.66 TOTAL PAID 500.00 Collier County Printed on: 6/14/2012 10:24:20AM CD -Pius for Windows 95/98/NT Packet Page -2537- Page 1 of 1