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Agenda 01/11/2011 Item #16D 2 Agenda Item No. 1602 January 11, 2011 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign four (4) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units that were transferred from the developer to the new owner. OBJECTIVE: Approve and authorize the Chairman to sign four (4) releases ofliens for deferrals of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units. CONSIDERATIONS: On various dates, the Board of County Commissioner approved lien agreements for deferral of 100 percent of Collier County impact fees for the purchasers of residential dwelling units constructed by Habitat for Humanity of Collier County, Inc. The subject properties had been previously awarded impact fee deferrals and lien agreements were recorded between Collier County and the developer. By approving the purchasers' deferral agreements, the impact fee repayment obligation was transferred from the developer to the new owner. In order to avoid duplicate liens against the subject properties, staff recommends approval the attached releases oflien. Name Property Description Assistance Provided Public Record Habitat for Humanity Lot 1, Regal Acres $14,591.26 OR 4514 PG 2902 Habitat for Humanity Lot 6, Regal Acres $14,591.26 OR 4514 PG 2922 Habitat for Humanity Lot 7, Regal Acres $14,591.26 OR 4514 PG 2926 Habitat for Humanity Lot 10, Regal Acres $14,591.26 OR 4514 PG 2938 FISCAL IMPACT: None. GRO\VTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. This item requires a simple majority vote. -JW STAFF RECOMMENDATION: Approve and authorize the Chairman to sign four (4) releases oflien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units. PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services Agenda Item No. 1602 January 11, 2011 Page 2 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1602 Recommendation to approve and authorize the Chairman to sign four (4) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units that were transferred from the developer to the new owner. 1/11/2011 9:00:00 AM Meeting Date: Approved By Marcy Krumbine Director - Housing & Human Services Date Public Services Division Human Services 12/21/201010:44 AM Approved By Hailey Alonso Administrative Assistant Date Public Services Division Domestic Animal Services 12/21/201012:41 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 12/28/2010 1 :56 PM Approved By Sherry Pryor Management! Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1/4/20119:12 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 1/4/201111:37 AM Approved By Michael Sheffieid Assistant to the County Manager Date County Managers Office 1/4/2011 2:23 PM INSTR 4368958 OR 4514 PG 2902 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Agenda Item No. 1602 January 11, 2011 Page 3 of 23 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 10-039-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 151 day of December, 2009, between Collier County, a political subdivision of the State of F~Y) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) cOllecti~~~~,s." NOW, THEREFORE, fr~and valuable co~A~n, the receipt and sufficiency of which is mutually acknowledged, ~ P&!1i~sagree-as..:(OI~ows\ \ l. This Lien Agreement islmatii~~~{ ~ Colde of Laws and Ordinances of Collier County, Florida~ !g1... ~ a~1~T~e ~91~icfCou~ty. fo~~.,~dated Impact Fee Ordinance" \"\.-/'-.'::./,.J,.... 1"1 (Ordinance). In the eve\t~f any contlict WlthJts Agr~e~nt, the terms of the Ordinance shall apply. \"'0\. .. .~,~. / Ie.'!! \~~ \~, /,~~" 2. The legal description ofthe d~~)~~,~~~~~i~~}{,it "A." 3. The term of this Agreement is'fr-Q€liPEae...~i\Q8ty:s/Agreement until six (6) months after ----.-..=:::...:.---- issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/100 Dollars ($14.591.26). 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 unites). 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 1 OR 4514 PG 2903 Aaenda Item No. 16D2 ~ January 11, 2011 Page 4 of 23 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 Orditr<in~,nI'!, ~r €"rif\1!/-a"Civil action to enforce this Agreement, or /" \.-1 ("P '<'::':'''U At' declare that the deferred imp~ciDf~~det~:i1t'and immediately due and payable. /u/ ""r' The COUNTY shall be ~titleO--te-re<lQver all fees an'ci\c~ts, including attorney's fee and / / l.:t-~ ~-\ \ costs, incurred by the .tOBNTY in \enfOrcin this ~A~reement, plus interest at the then maximum statutory rale ~~g~jak;t) ~W ~ ca\endar day basis until paid. I l\ \ /l \ \ J! c, l! I, I DEVELOPER will sell tpSiUrli~pers<ms'Wfle5e legat$t~.?tlI be verified, documented and \ ~ \. ,\" I. j'--, / . kept on file at the Office\~~~usmg and Hum~1~It5:6Jf the developer falls to comply with the terms of the agree~p:o! the unit ceases t(i:9'e 1yy.1ized for affordable housing, or is ld 1 l'd h"'fuJIZ'>>ltnt--o'f~~~d<'\'\/ fi h II b' d' 1 'd not so to ega reSI ents, t e '~mf}'iE c:l1t~;;Jlllpact ees s a e lmme late y repal to the County, including all applicablenrn;resr-a:na penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY, IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. '.- ~ Attest:, " ,. DWfG'Hi~KIii{oCl<., ci6rk ;'~(i\:~.'~si:~:~';~, j.~."",'.- B'y;:; )l~: ':: ,.,.' -., ". ';. ">;:-";" .',::,.co" :~J, ". Deputy Clerk AtUst', 'I \',," ...... . . '~... ~. ...as"w" cw: ' . st~~t',~"",,' :" ., "... "',v '.Oft .iI'" ',,' ,,->(':.:3l,:5- BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA By: J~-210112009 DONNA FIALA, Chairman " 2 OR 4514 PG 2904 '.- . DEVELOPE~:.~~ of Collier County, Inc. BY:"~ / Samuel J. rso, M.D. President WITNESSES: ~~ ." P~~~' \<ol-l\tJheyas Agenda Item No. 16D2 January 11, 2011 Page 5 of 23 ~~ UiDtName: no ---:- He<-r~ .V lJJ\r-"~ 0/ ,f ~ STATE OF FWRlDA II ~ COUNTY OF COLLIER / / ~ ~ ~ 11. \ The forgoing instruI1Je~t ffa( acl<fio~d~1.~ef' is\ ~ 8 day ofOC.:\- ) .1009, by Samuel J. Durso, M.D. as pr:etSJ#Pt~J.l{ao.~1 (orIItymam!t dfCppi,.9' ~ou~ty, I~c., ~ personallYlmowntomeorh~... ...r\Otl..~d ~~ ~..l.'...., Id~n. \I.~\ "(A I /k"i _ \ ,\\ ....;l:':t / [NOTARIAl. QJ;'.AJ 1 ,\~.".,..... J , .U'".... "Itl \. t-:.r. \._... ,. - .. ",\\~,...TRE:;o"'~" ~C~. .SignatureofN...bfa~.' ..'blic ,:; O"'P ....... ~ r). /",t\ / ~ ..d'\{ .. ~ . '-~j"... / \"lo / ~ "..l-P . '0.... ~ .(, -" -cv / ~.....<<.. ~~ ^'. 0::. " '~1'1' ~ '1'1:.)( // L ~ ~:o ~....,<~,... ~.c. = '<' '. .:' . ... ! 1'.->/ T = <.~ fi.'(I> ~~ ~')'b · Q = B17Yta ~ :. a: : CJt:i ~~ --."",<0; : _:: . . ~ g ~ ~\~~ ~<;) ~. tss Prmt Name of Notary PublIc ~ ~ .. ~~. ~~".. v~ ~ ... t' .. ,~<<'$' .,..., ........ o~ " ""~ ST^~ \\\\\.... Ittllrtllt\'I\\ Approved as to form and legal sufficiency: Recommended Approval: ,L~^~ Director - Housing and Human Services f~_~ Colleen Greene Assistant County Attorney 3 *** OR 4514 PG 2905 *** Agenda Item No. 1602 January 11, 2011 Page 6 of 23 EXHIBIT "A" LEGAL DESCRIPTION Lot 1, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10231 Kingdom Cou..."i, Naples, Florida 34114 EXHIBIT "B" IMP~~~WN /Cf?'v~~~;;\ Type of Impact Fee (u;: '\ ~. . I~= ~ \ A. EMS Impact Fee I 1/f'YJ *'l."")n ~)~./7\ \ I I( I (l) \ }r' \\ \! I ! B. Correctional Facil\~\~'E.~) ~ ~ ~ r If-! '. \ ", ,i"',.., I r- , 1,,1' I I :::-" ,~\ '1" i ,i ,/ C. Library Impact Fee \\~~, ,,~ ~~ !. ',./..:::;- '/ '\r', ',"\ ! /"\...../ /{.- '-i / ( . / \ { " ......', D. Community Parks Impa~t(!;:;e~,~"';\. ,/ '""''/''';-'''---;'\..'i/ '....... l {Jr' ~~1' L ;/ E. Regional Parks Impact Fee ,-~;..._/ Amount Owed $116.06 $190.61 $424.14 $862.50 F. Educational Facilities System Impact Fee $1,907.85 $3,343.68 $482.59 G. Government Building Impact Fee H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 INSTR 4368967 OR 4514 PG 2938 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Agenda Item No. 1602 January 11, 2011 Page 7 of 23 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 10-048-IF This spaee for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this l5t day of December, 2009, between Collier County, a political subdivision of the State of ~C~UNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collecy ~~~ie~" NOW, THEREFORE, fov~~/and valuable ~tfeJatiQn, the receipt and sufficiency of which is mutually acknowledg4, t116 }'l~ies agree....asi;.Q'ows\ \ 1. This Lien Agreement is t.a~~ c~e of Laws and Ordinances of Collier County, Florida~ ~~ as.ll{r4e }:~$e~u\y ~o~~lidated Impact Fee Ordinance" \I..!\~'~/'~ ~'.'.'f (Ordinance). In the evertr'o,f any contllct witli"'this Agref~pt, the terms of the Ordinance \ t~\\...i}.> J I _I I shall apply. \1':4-\ --r~~;~1 /!-.S1 2. The legal description ofthe\k~li)ng unit is attached~~~lbit "A" . ~<I;" ~:~,,~) . / . . 3. The term of thiS Agreement IS frOJ!ljl~suance; \0J-tlil~ Agreement until SIX (6) months after ~:::..~~- issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/1 00 Dollars ($14.591.26). 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 unites). 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 1 OR 4514 PG 2939 Agenda Item No. 16D2 January 11, 2011 Page 8 of 23 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 ~~~'G~~ action to enforce this Agreement, or declare that the deferred im~~~J.r?i'i'-and immediately due and payable. I.~/ ",r \. . The COUNTY shall be rt1tf~ver all fees an(f\o~, Includmg attorney's fee and costs, incurred by the ,tO~TY 'in\e~;;~is A~em\nt, plus interest at the then . I firrnJd ! /7\'.1~''''f) l~ II \ \ d db' '1 'd maXImum statutory rate gr au gmentJ C . c1M9ie(~\ Oi}' al calen ar ay aS1S untl pm. -----LO-~R 'II 11 L-, \\, \ ..1\ \ ~).l.i (hI' j I I ~:ll b - - d d d d 1).t.: V .t.: p.t.: Wi se Ule 1Jinlt-tt'fpetsOOtr wl'l~ egut$tatU5~1il e veri fie , ocumente an \ C \ 1:.... I I !'::::/ kept on file at the office ~!tIousing and Hum~~ervic~~~Y the developer fails to comply with the terms of the agre~h4n~'.o.. r the unit cease~ t~... ({ ~ti:nzed for affordable housing, or is " 0" /,,'\./ not sold to legal residents, the 'fUU~t-?~~~bnllact fees shall be immediately repaid to the County, including all applicable li1terest1'i:tldpenaltics. 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 ,I;.-l3.R.Q};.,K, Clerk. . .J'7:.:?'~/:, BOARD OF COUNTY COMMISSIONERS COLLiCY'7D~ By: Yth- ~01/2009 DONNA FIALA, Chairman ,1-.," 2 OR 4514 PG 2940 Agenda Item No. 16D2 January 11, 2011 Page 9 of 23 BY: WITNESSES: ~ Print Name: {\J Ie\<- \<(')c.dohp't"4.$ /~l~A ..>, c::.-- :< \'P G""' ;; STATE OF FLORIDA ~r~ '--~ ~ l COUNTY OF COLLIER /~ ~\'\( '7? The forgoing instrul11lentj a~or.'l~d~ll ~ie~Mni 3 day of Cc..+ j 2009, by Samuel J. Durso, M.D. as Pte,sid6nt\roY1iaoitat iJitiimanitY dfcbuier County, Inc., who is personally known to me or llhPl-O'dUiiid ~ ~ 1./0::. ds i entification..- [NOTARIAL C;:~T.l \~\ ~/f~' J Ic::")/ ~/ ~"'<< (tnttl \ ',,1''' " ' , ~,,~lI.f'- LOI;' ""oil \ r ~," Si nature ofNotary.'Pu lie ,$'~~' ...... "1')- ',,-, '-,0,,'-''- _/\" / So ,'~OTAIT}.!. ~ ~ ", /.' 'h ____ __\..\ / !~/IJ \\t% <.,...' J{~f:' ,-, ,RL// / :: . ",y Comm. Expires: 0 -= --...:... J!~ . rl'ii?L c- _ 7. = : August29,2010' = _- ; ~ No. DO 590338 :. :: Print Name of Notary Public 'S. -. .. ~ -:.dl~ " I:>UBL\C .' '!'r~ ". .d~" .' ...<:)~, ',-7 .....~, ~ "'" OF FLO \\\,\,'\ 1/1"'11"1\'\' Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene - Assistant County Attorney ~L~ -..) Director - Housing and Human Services 3 *** OR 4514 PG 2941 *** Agenda Item No. 1602 January 11, 2011 Page 10 of 23 EXHIBIT "A" LEGAL DESCRIPTION Lot 10, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10267 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP~~lG10WN /Cf. O~) 1V1~ C . ~ , ~ Type of Impact Fee I ," '\. \;.,..;. \ \' ! 1".... I \\ , ':[( I !~.! \ \ ... I Ii, C. Library Impact Fee \0\ ..J,~ J /:::;'; ,"',J \ ,"^~' " .l \f ,ti-. "\. , ! /.....--...! ./r " A \....'1 . \~ ~ " ' D. Commumty Parks Imp~~7.~~.. . "".:\\.// ~'h-----( ,--' r' .t ]-ff.,; -qR./ E. RegIOnal Parks Impact Fee'!:::-~"""/ Amount Owed $116.06 $190.61 $424.14 $862.50 G. Government Building Impact Fee $1,907.85 $3,343.68 $482.59 F. Educational Facilities System Impact Fee H. Law Enforcement Impact Fee $193.83 1. Water Impact Fee $3,575.00 $3,495.00 J. Sewer Impact Fee TOTAL IMPACT FEES $14,591.26 4 INSTR 4368963 OR 4514 PG 2922 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Agenda Item No. 1602 January 11, 2011 Page 11 of 23 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 FiIe# 10-044- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of ~CiUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) coUecti ~~~f!~~" NOW, THEREFORE, fo4~'an.d valuabl~i(Jat~n, the receipt and sufficiency of which is mutually acknowledget<. th~~ies agree-as..f9~ows\ \ 1. This Lien Agreement isrj~~?\~ C'fe of Laws and Ordinances of Collier County, Florida~ ~(wz\ a~IJ(T'e F~*e~iuD1Y~O~~I~dated Impact Fee Ordinance" (Ordinance). In the ev~~~\..~...a;;; c~ ~~S~j.~._~Jt, the tenns of the Ordinance shall apply. \;p <;~ / /,0/ \1- ,":// U/ 2. The legal description of the aw~~~~i;X:hibit "A." 3. The term of this Agreement ~~<t-Q~~~;~jai~{greement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/100 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this . Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by Jaw, regardless of any foreclosure on the first 1 OR 4514 PG 2923 Agenda Item No. 16D2 January 11, 2011 Page 12 of 23 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 Ordjna~.. .'1m- t5riml"lI8:;SiviI action to enforce this Agreement, or declare that the deferred im~~~~~d immediately due and payable. I U/ "'~~ \ The COUNTY shall be entitlea~ver all fees anct coSts, including attorney's fee and costs, incurred by !be 6o~ ~<~s Airem\nt, plus interest at the then . I fiff?\ld fQ'\..n i) :~ 71 \ \ d db' '1 'd maxImum statutory ra,e pr ~u :\lnt, ca:!c~ed~ or a) ,calen ar ay aSlS unt! Pal. DEVELOPER will sell tli~\~~ers~~es'e legJ~stirtuslWhh be verified, documented and \ I. \ 1> I l :::::-/ kept on file at the office \~ousing and Hum~SerVices..:::,-:tf the developer fails to comply with the terms of the agre~~~:'Or the unit cease;'~{~~i{zed for affordable housing, or is ld 1 l'd h"'}:-i/:'~~l' ~1;)">/ fi h 11 b' d' 1 'd not so to ega res I ents, t e! Ull aItlO . ' . r. '. ucu)lmpact ees s a e Imme late y repal ''-:!....t Eel. \Z ....~ / to the County, including all applicable mterest-afiapenalties. 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 \VHEREOF, the Parties have executed this Agreement on the date and year first above writt~J:.1. Attest:":' J:Fa.' . , . " 1'1 . DWIGHJ;':E. HRQCK,~Clerk ."~. f; " ". "c;_ .\.~ \.;., 4-~' "f:.- .::;:" ('f~y~~{ ";""l":' ,~ , ::. :~:ttoSt,'-:!'_.to~'CNtnt.M ,s1'~~o.al"-r' ~, ~.. ~~ .',. ,.'~.:..':-;~-- - .: BOARD OF COUNTY COMMISSIONERS COLZftOUNTY, :;;ZlD~ By: f~ ~/01l2009 DONNA FIALA, Chairman ;...f: _. 2 OR 4514 PG 2924 Agenda Item No. 16D2 January 11, 2011 Page 13 of 23 BY: WITNESSES: ~_.- Print Name: N Ie\<- KOL\..\D"C->Y4S \,,\\tllI 1 II"". \\ LOO '" ",,,, to- "04. .... 1'1, ~ ~ ....... ,~ ~ S' ~ .\toTAA~','~~ ~O.. ... v-;' ..~. '0- = : My Comm. Expires. :: = : August 29. 2010: = ~ ~ No. 00 590338': ~ ~ .. .. ~ ~ ~d'''''''' Pue\.\?-'~<;)$ ~ .r:..~. I . . ., 0"'....' ',,.-, ~\' ,-.: '1" OF r'" \", Illlf"" ,,1\\\ Approved as to fonn and legal sufficiency: /~:bRCO~V / (J . 1'-;; STATE OF FLORIDA ! 7~'~ ~ \~ COUNTY OF COLLIER /~ ~ ~ .. U The forgoing instru~e~tiY"a~ ac! OfI1d~~fidfoi~~fhi . ; 3 day of Oct ) .2009, by Samuel J. Durso, M.D. as Pl!e~dent\foI;. .a&ett :fOr: F.t~an~ 0.[ cptll~r County, Inc., ~ personally known to me or Ha~pr~d ~ ~. '\ / C::::'as' entification. \ ~ \ . . I ..~, \~\'.I'< J / ' \;f.. \~#'~ ll.}.l \:t-~"" Si nature of~~tP'ublic ".....J/'::' ~--~:\5\", ~J:i~rtJ;;;;: L- T Print Name of Notary Public [NOTARIAL SEAL] Recommended Approval: ~~ Colleen Greene Assistant County Attorney ^ A---' 3 *** OR 4514 PG 2925 *** Agenda Item No. 16D2 January 11, 2011 Page 14 of 23 EXHIBIT" A" LEGAL DESCRIPTION Lot 6, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10251 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" ~ Type of Impact Fee I ('k ~ '\' \ A. EMS Impact Fee fer "(vA J B. Correctional FaCil~~~~WI~j . \ t...-:". \ <lJ(A I / ""'i/ C. LIbrary Impact Fee\~ \ ~~ / /:::::/ \'/'\ ,I.., I /,>'-'/ . \....r ~ -y/~ ,-.'! D. Commuruty Parks Imp~~~ '. /<0// ',./' -"-::-~-'\..)' / -'~ i-J f;' ('l'R L ..../ E. Regional Parks Impact Fee -::.._~~_/ Amount Owed $116.06 $190.61 $424.14 $862.50 F. Educational Facilities System Impact Fee $1,907.85 $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 $3,495.00 J. Sewer Impact Fee TOTAL IMPACT FEES $14,591.26 4 INSTR 4368964 OR 4514 PG 2926 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Agenda Item No. 16D2 January 11, 2011 Page 15 of 23 Return to Frank Ramsey HHS 3301 E Tamiaml Trail Naples, FL 34112 File# 10-045-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 1 st day of December, 2009, between Collier County, a political subdivision of the State Of. Flor~Y), ~d "Habitat for Humanity of Collier County, Inc." (DEVELOPER) COlleCtl~~~ies." NOW, THEREFORE, fo4b;l~d valuable ~J'~ the receipt and sufficiency of which is mutually aCknOWledgr ~l'~es a~olIows\ \ 1. This Lien Agreement is fIIl1~~kQr ~ Core of Laws and Ordinances of Collier County, Floridal kniJ as I.The Collli.e. oun:ty Cohsohdated Impact Fee Ordinance" ~ .-" 1\ \ )1\ \ f 7 I ~ I I h j (Ordinance). In the ev~~t6.f'if;c~"nllict ~t~:this.JAgieJrkit, the terms of the Ordinance \ \-f\ \ 'Vb ) / :::; I shall apply. \",,::;\ ~ifJ 10/ \1-"~ ./ e,/ 2. The legal description of the Ci~~Un:g~nit is attacheg~~'.SnIbit "A." '>. '/, --,-, --------:,.~ \ . / 3. The term of this Agreement is"i:r<l.!!l~!llis Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 261100 Dollars ($14.591.26). 5. The deferre9 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 unites). 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 1 OR 4514 PG 2927 Agenda Item No. 16D2 January 11,2011 Page 16 of 23 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 O~in~ Pl ~"Civi1 action to enforce this Agreement, or .. ./::~;..,:\. )-;~A t'.0. declare that the deferred im~;rees are then in cfe.faU1t'\c1nd immediately due and payable. Thc COUNTY shall be ftit~vcr all fccs ~c~\s, including attorney's fee and . / ~ '-----J\ ...u~ costs, incurred by the CO~TY in lerlf'oJtg ~his A~em\:nt, plus interest at the then maximum statutory mlc ~0. ~~. M c~ ~\\cnr4.' . ca\endar day basis until paid. L_ 1\ \. ;,=erLj ) I l!> , a~ I. I ,L I DEVELOPER will sell tlie;tirii~+-'efsOr.i~ Ie. gaftst;atus. ;~.-iH be verified, documented and ,_. P ... !~I kept on file at the OffiCe\~~USing and Hum~~(1i~~8)f the developer fails to comply with the terms of the agree~nt:'Q-!" the unit ceases tg.::be iU~il'ized for affordable housing, or is ,Ijl....;"" /''\..'./ not sold to legal residents, the f\jl~...!9~!:e~~;'Iiripact fees shall be immediately repaid to the County, including all applicablem~est1i:naPenalties. 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. BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA By: ~ d~1lr112009 DONNA FIALA, Chairman 2 OR 4514 PG 2928 Agenda Item No. 1602 January 11, 2011 Page 17 of 23 WITNESSES: ~ Print Name: (\j Ie\<.. K(')Lt lohe'r'as . ~:bR C~. Pro ~.. ~~\ STATE OF FLORIDA I .~ -..J"'\ . \ COUNTY OF COLLIER I ~ ""':\ ~'\~17 J The forgoing instrwrle~tlrai. ac I otl(!d~4i ~e.~.91i~ ~ '3 day ofOc{- .. .2009, by Samuel J. Durso, M.D. as Pf:e,SlAAnt\fOl> a&&t tD~I{umamL3!C,o~ County, Inc., ~ personally known to me or W~t~e'd '-.::;:;../ ~. " ! 't'as id ntification. \~. \.' .? j ./ :.....!}Y [NOTARIAL SEAL] \'~,..,.\I .' :0/ \,\,,,11 I "'t", \~'1-(,:--., S' nature ofNcta." : ..\..-Public ",,\~ l.OR..q.~""" '.', ./" ,,?> ~~~...~oVA;l~.:.-9;'.::. "-::,'1> :-::----==<:'.:\.:)\ / ~O . \"" . v--=. "',,} f-1~f..? ", \~\..>? l ~ ! <' l My Comm. Expires .~ 0 % ,-.l.!~ ~ ~m.o.. _ l _ :: : flUgust 29, 2010: = ; ~ 110, DO 590338': ~ Print Name of Notary Public ~ ... ~. .'^~!! ~dl... eo PU6\..\~""",,~~~ "r"" '0.. II' O~~~ 1i'''~1 f); O~ f\.: \\'l' "t'''IIIII\\''\\ Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene Assistant County Attorney ... -D 3 *** OR 4514 PG 2929 *** Agenda Item No. 16D2 January 11, 2011 Page 18 of 23 EXHIBIT" A" LEGAL DESCRIPTION Lot 7, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10255 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPA~~Ki}OWN k~ Type ofImpaet Fee I 7~. '\. \ \ A.EMSbnpactFee [ ~@W\'J7\ 1 B. Correctional FaCil,\iej;\\l!'~~J~:j L J f! f-., \;...... \ ~ "'I I ; C::: I \. ,; -, ! . /\ '4.(1 / '< { C. LIbrary Impact Fee\. ',.. \ ~~, / I:;:! ,.<, \ -"'7{ ( / \ ,! \ r", '\ \ '\..' ,. _. , '\.....t~' .., 7/' '-.) / O C . P k 1m ~ ..-c' ...... / . ommumty ar s pa~~,ge~ ","/:_<'/ ~"'./' .. ~ ,.,\..\ "../ ,,,7"[, r: C~ R \../~/ E. Regional Parks Impact Fee '~3-/' Amount Owed $116.06 $190.61 $424.14 $862.50 $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government BuildingImpact Fee $482.59 $193.83 H. Law Enforcement Impact Fee I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Agenda Item No. 16D2 January 11, 2011 Page 19 of 23 Prepared by: Priscilla Doria Collier County Housing, Human, and Veteran Services 3301 E. Tamiami Trail Naples, FL 341112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded in Official Records Book 4514, Page 2902, of the Public Records of Collier County, Florida, on December 3,2009, 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 1, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive of the Public Records of Collier County, Florida. (10231 Kingdom Court, 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 property . Dated this / 1M day of I va "'I.(C',-y , 2011 . 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 suffieiency: ~ ! JeffE. ri t Assistan ounty Atto~::- Agenda Item No. 16D2 January 11, 2011 Page 20 of 23 Prepared by: Priscilla Doria Collier County Housing, Human, and Veteran Services 3301 E. Tamiami Trail Naples, FL 341112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded in Official Records Book 4514, Page 2922, of the Public Records of Collier County, Florida, on December 3, 2009, 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 6, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive of the Public Records of Collier County, Florida. (10251 Kingdom Court, 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 property. Dated this 11M dayof \ Jt:ih"QO( , 2011. 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 s~iency: ...... Jeff{~ Assistant County Attorney Agenda Item No. 1602 January 11, 2011 Page 21 of 23 Prepared by: Priscilla Doria Collier County Housing, Human, and Veteran Services 3301 E. Tamiami Trail Naples, FL 341112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded in Official Records Book 4514, Page 2926, of the Public Records of Collier County, Florida, on December 3, 2009, 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 7, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive of the Public Records of Collier County, Florida. (10255 Kingdom Court, 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 property . Dated this / / '" day of ,Ja nll~'Y ' 2011. 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 Assi Agenda Item No. 1602 January 11, 2011 Page 22 of 23 Prepared by: Priscilla Doria Collier County Housing, Human, and Veteran Services 3301 E. Tamiami Trail Naples, FL 341112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY TIIESE PRESENTS: That Collier County, whose post office address is 3301 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded in Official Records Book 4514, Page 2938, of the Public Records of Collier County, Florida, on December 3, 2009, 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 10, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive of the Public Records of Collier County, Florida. (10267 Kingdom Court, 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 property . Dated this /'/"1~ day of JI ,-- " Qrlt.J.IJ"1 , 2011. ATTEST: DWIGHT E. 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