Agenda 12/13/2011 Item #16D 512/13/2011 Item 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign two (2) lien agreements for
deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling
units located in Collier County. Approval of this item will transfer previously approved deferral
agreements from Habitat for Humanity of Collier County to owner occupants with a continuing
fiscal impact of $28,572.93.
OBJECTIVE: To approve and authorize the Chairman to sign the attached two (2) lien
agreements for deferral of 100% of Collier County impact fees for owner occupied affordable
housing dwelling units located in Collier County. Approval of this item will transfer previously
approved deferral agreements from developer to owner occupants.
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,
applications for deferment were submitted by program participants, which applications, after
staff review, were determined to qualify for the program. Legal status has been verified and
documents are on file at the office of Housing, Human and Veteran Services.
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fees. Section 74- 401(3) of the Code authorizes the County Manager to
sign deferral agreements with applicants qualifying for impact fee deferrals for affordable
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether to enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has determined that until
directed otherwise by the Board, these agreements routinely be placed on the consent agenda for
the Board's review, approval and Chairman's signature.
Approval of this agenda item will continue the deferral of 100% of Collier County impact fees
for the following owner occupied affordable housing dwelling units. Please note that these
agreements will transfer previously approved deferral agreements from Habitat for Humanity to
owner occupants. As such, no new money is being deferred at this time.
Applicant(s)
File Number
Legal Description
Deferral
Amount
Deferral Being
Replaced
Chricita Jacques
10- 112 -IF
Lot 18, Regal Acres
$14,591.26
OR Book: 4514
PG: 2970
Myrlande Accime
10- 113 -IF
Lot 15, Regal Acres
$13,981.67
OR Book: 4514
PG: 2958
FISCAL IMPACT: These agreements will continue to defer in total $28,572.93 in impact fees.
Although it is expected that the County will ultimately collect these deferred fees (generally
upon the sale of the residence), there is no guarantee as to if, or when, this would occur.
Packet Page -2448-
12/13/2011 Item 16.D.5.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. -JW
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To approve and authorize the Chairman to sign the attached two (2) lien
agreements for deferral of 100% of Collier County impact fees for owner occupied affordable
housing dwelling units located in Collier County. Approval of this item will transfer previously
approved deferral agreements from Habitat for Humanity to owner occupants.
Prepared By: Kimberley Grant, Interim Director, Housing, Human & Veteran Services
Packet Page -2449-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.5.
12/13/2011 Item 16.D.5.
Item Summary: Recommendation to approve and authorize the Chairman to sign two (2)
lien agreements for deferral of 100% of Collier County impact fees for owner occupied
affordable housing dwelling units located in Collier County. Approval of this item will transfer
previously approved deferral agreements from Habitat for Humanity of Collier County to owner
occupants with a continuing fiscal impact of $28,572.93.
Meeting Date: 12/13/2011
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Services
11/21/2011 9:57:24 AM
Submitted by
Title: Interim Director, HHVS
Name: GrantKimberley
11/21/2011 9:57:25 AM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 11/21/2011 10:09:18 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 11/22/2011 1:22:13 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 11/28/2011 8:35:53 AM
Name: RamseyMarla
Title: Administrator, Public Services
Packet Page -2450-
Date: 11/29/2011 1:31:02 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 11/30/20112:26:01 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/1/2011 9:14:52 AM
Name: OchsLeo
Title: County Manager
Date: 12/1/2011 5:33:38 PM
Packet Page -2451-
12/13/2011 Item 16.D.5.
12/13/2011 Item 16.D.5.
Return to
Priscilla Doria
Collier County HHVS
3339 E. Tamiami Trail
Naples, Florida 34112 i .!
File# 10- 113 -IF This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 13th day of December, 2011, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Myrlande Accime" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County,' Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). 16 the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of thig Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or Vii) the first occurrence of any sale or transfer of any part of the affected real
property, and it any such event the deferred impact fees shall be paid in full to the COUNTY
not later then thpe closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine
Hundred EiLyhtyi -One and 67/100 Dollars ($13,981.67). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no
event shall it exceed twenty -five percent (25 %) of the total fee amount.
5. The deferred impact fees shall be alien on the property described in Exhibit "A," which lien
may be forecic sed upon in the event of non - compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upm6e recording of a release or satisfaction of lien in the public records of the
1
Packet Page -2452-
12/13/2011 Item 16.D.5.
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, this lien shall be superior and paramount to the
interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except
that this lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the 'OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil faction to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreements plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form
and le sufficiency:
Je f E. right
A ista County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
LE
FRED W. COYLE, CHAIRMAN
Recommend Approval:
Kimberley Grant
Interim Director
Housing, Human and Veteran Services
Packet Page -2453-
4
WITNESSES
I ri it •
OWNER:
Mde Accime
12/13/2011 Item 16.D.5.
OWNER:
Witnesses:
P nt Name 7'r
STATE OF FLORIDA
COUNTY OF COLLIER
The �oregoing A t eem nt was acknowledged before me this day of � \j C r•. �� ,
2011, by :L � + ,t•\,_ who is personally known to me or has produced
- L.. as proof of identity.
OR
OT v "s
MYCOMMAXPIRES ; � Signature of Person aking Ac owledgment
x AUDA2014 L a
NiEE130n
.•
Nq A�BL1G••O�
.
OF
3
Packet Page -2454-
12/13/2011 Item 16.D.5.
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 15, 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
10287 Kingdom Court, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impart Fee
Amount Owed
A. EMS Impact Fee
$ 116.06
B. Correctional Facilities Impact Fee
$ 190.61
C. Library Impact Fee
$ 424.14
D. Community Parks Impact Fee
$ 862.50
E. Regional Parks Impact Fee
$ 1,298.26
F. Educationaffacilities System Impact Fee
$ 3,343.68
G. Government Building Impact Fee
$ 482.59
H. Law Enforcement Impact Fee
$ 193.83
1. Water Impart Fee
$ 3,575.00
J. Sewer Impact Fee
$ 3,495.00
TOTAL IMPACT FEES
$13,981.67
Packet Page -2455 -
r
4
12/13/2011 Item 16.D.5.
Return to
Priscilla Doria
Collier County HHVS
3339 E. Tamiami Trail
Naples, Florida 34112
File# 10- 112 -IF This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 13th day of December, 2011, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Chricita Jacques" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from the date set forth above until the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. 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). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in
no event shall it exceed twenty -five percent (25 %) of the total fee amount.
_ 5. The deferred impact fees shall be alien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non - compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
Packet Page -2456-
12/13/2011 Item 16.D.5.
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, this lien shall be superior and paramount to the
interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except
that this lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,
HIM
, Deputy Clerk
Approved as to form
aand.legal sufficiengy:
J6ff 9. Wright
Assistant County Attorney
WITNESSES
By:
FRED W. CO'YLE, CHAIIMAN
Recommend Approval:
Director
Housing, Human and Veteran Services
Packet Page -2457-
2
Witnesses-
Print
OWNER:
Chricita 7a es-
12/13/2011 Item 16.D.5.
OWNER:
Witnesses: J ,t
Print Name
r
STATE OF FLORIDA''
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of Ajv. °:->
2011, by h who is personally known to me or has produced
as proof of i enter ity.
�9�xcgexxweatPPy�,
j t
(1lT 1-DUf �Ay`1�•4t`C'Y1
r.
+ crxtr� Signature of Person Taking Acknowledgment
OF
Auf3.�?.2vid
4
3
Packet Page -2458-
12/13/2011 Item 16.D.5.
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 18, 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
10299 Kingdom Court, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$ 116.06
B. Correctional 'Facilities Impact Fee
$ 190.61
C. Library Impact Fee
$ 424.14
D. Community Parks Impact Fee
$ 862.50
E. Regional Parks Impact Fee
$ 1,907.85
F. Educational Facilities System Impact Fee
$ 3,343.68
G. Government Building Impact Fee
$ 482.59
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
Packet Page -2459-
INSTR 4368975 OR 4514 PG 2970 RECORDED 12/3/2009 10:51 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $35.50
Return to
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 10- 056 -IF
12/13/2011 Item 16.D.5.
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 1St day of December, 2009, between Collier County, a
political subdivision of the State of Florida OUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) coil � � s.,,
NOW, THEREFORE, fo �' o and valuable cons. �`
aatlpn, the receipt and sufficiency of
which is mutually acknowledged, tl e es agree —"
1. This Lien Agreement is a f Cgde of Laws and Ordinances of
Collier County, Flori da kn � as 'T e o o o 'dated Impact Fee Ordinance"
(Ordinance). In the ev� Rt, f any co ict w1 his grey . t, the terms of the Ordinance
shall apply. �✓�; }�
tom,
2. The legal description of the1� unit is attache ibit "A."
3. The term of this Agreement is 1s�i Za fleet j t Agreement 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 Iien 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
Packet Page -2460-
OR 4514 PG 2971
12/13/2011 Item 16.D.5.
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 Orcji evil action to enforce this Agreement, or
declare that the deferred ' acV s are then in d iii \t`and immediately due and payable.
The COUNTY shall be tit) ' ver all fees an costs, including attorney's fee and
costs, incurred by the {ko TY in fotccin s i A 4nt, plus interest at the then
maximum statutory rate r 'u n� 1 c,4endar day basis until paid.
r
DEVELOPER will sell n' a leg t l be verified, documented and
kept on file at the office ousing and Huma ice � '1 the developer fails to comply
with the terms of the agree e° r the unit ceases to e� 'sized for affordable housing, or is
not sold to legal residents, th p act fees shall be immediately repaid
to the County, including all applicable 1 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:
DWIG lerk
C'
By =. =l
D ty Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIE UNTY, FLORI A
By: 12/01/2009
DONNA FIALA, Chairman
2
Packet Page -2461-
OR 4514 PG 2972
DEVELOPER: Habitat for Humanity of Collier County, Inc.
BY:
amuel J. Durso
President
WITNESSES:
Print Name: N %r-K
®m
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instru
Samuel J. Durso, M.D. as l
personally lrnown to me or
[NOTARIAL SEAL]
�10%J11111111l't
OAA
.....,• Fv'''.
AY •.. O '.
%is ._
O � mm 2.
Z M wsk 52,60.: Q
No �� G' 4:
PUS.• 0p
p'fiS+rATE
�f111111111111k
Approved as to form
and legal sufficiency:
Colleen Greene
Assistant County Attorney
a -ql
9
12/13/2011 Item 16.D.5.
9 day of-0d+ 2009, by
County, Inc., who is
Print Name of Notary Public
Recommended Approval:
- c
ar Krumbine
Director — Housing and Human Services
Packet Page -2462-
* ** OR 4514 PG 2973 * **
EXHIBIT "A"
LEGAL DESCRIPTION
12/13/2011 Item 16.D.5.
Lot 18, 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
10299 Kingdom Court, Naples, Florida 34114
EXHIBIT "B"
IMP A OWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $116.06
i
B. Correctional Facil n a $190.61
C. Library Impact Fee "' $424.14
D. Community Parks Imp cl $862.50
E. Regional Parks Impact Fee C1. $1,907.85
F. Educational Facilities System Impact Fee $3,343.68
G. Government Building Impact Fee $482.59
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
Packet Page -2463-
INSTR 4368972 OR 4514 PG 2958 RECORDED 12/3/2009 10:51 AM PAGES 4
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $35.50
Return to
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 10- 053 -IF
12/13/2011 Item 16.D.5.
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 1St day of December, 2009, between Collier County, a
political subdivision of the State of Florida COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collec 't es."
NOW, THEREFORE, fo'b� and valuable consa%on, the receipt and sufficiency of
which is mutually acknowledged, t e rtles grog -as Rio lows.
1. This Lien Agreement i �ma u C�de of Laws and Ordinances of
I
Collier County, FZev d kn as ` e C 1 i o ty C r so idated Impact Fee Ordinance"
h
(Ordinance). In any con ict wit this 1Agree t, the terms of the Ordinance
shall apply. `` 7C �
2. The legal description of the unit is attache ibit "A."
3. The term of this Agreement is th --� u .� Agreement 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 Thirteen Thousand Nine Hundred Eight One and 67/100
Dollars ($13,981.67).
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 law, regardless of any foreclosure on the first
1
Packet Page -2464-
OR 4514 PG 2959
12/13/2011 Item 16.D.5.
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 OrdjAahc rj�nig�a,myil action to enforce this Agreement, or
declare that the deferred impioCt then in
The COUNTY shall be ehtitlo6,4e- rersver all
costs, incurred by the O TY in
maximum statutory ra f r ud E
DEVELOPER will sell e .
kept on file at the offtce+�€ ousing and H
with the terms of the agree'x%tn� r the unit ceases
1
not sold to legal residents, the
to the County, including all applicable interest-a`d penalties.
immediately due and payable.
including attorney's fee and
lint, plus interest at the then
endar day basis until paid.
1 be verified, documented and
the developer fails to comply
3 for affordable housing, or is
fees shall be immediately repaid
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;BRp.CK, Clerk
.i
By,
-0 -ti ,C -,.
f0.90,%r'e OR -
BOARD OF COUNTY COMMISSIONERS
COLLIE OUNTY, FLORIDA
By: lc�42/01/2009
DONNA FIALA, Chairman
Packet Page -2465-
2
OR 4514 PG 2960
DEVELOPER: Habitat for Humanity of Collier County, Inc.
BY:
muel J. Durs D.
President
WITNESSES:
Print Name: C rcS
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instru
Samuel J. Durso, M.D. as 1
personally known to me or
[NOT.
Approved as to form
and legal sufficiency:
Colleen Greene
Assistant County Attorney
r S{
Ij
cotj
of
blic
12/13/2011 Item 16.D.5.
2; day of *Qc-� 2009, by
County, Inc., who is
of Notary Public
Recommended Approval:
c Krumbine
irector — Housing and Human Services
Packet Page -2466-
3
* ** OR 4514 PG 2961 * **
EXHIBIT "A"
LEGAL DESCRIPTION
12/13/2011 Item 16.D.5.
Lot 15, 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
10287 Kingdom Court, Naples, Florida 34114
EXHIBIT "B"
IMPA r OWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $116.06
B. Correctional Faci i ' adt $190.61
C. Library Impact Fe``�`�
� $424.14
D. Community Parks Im. $862.50
1
E. Regional Parks Impact Fee $1,298.26
F. Educational Facilities System Impact Fee $3,343.68
G. Government Building Impact Fee $482.59
H. Law Enforcement Impact Fee $193.83
I. Water Impact Fee $3,575.00
J. Sewer Impact Fee $3,495.00
TOTAL IMPACT FEES $13,981.67
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