Agenda 06/08/2010 Item #16D 6
Agenda Item No. 16D6
June 8. 2010
Page 1 of 28
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign five (5) 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 with a continuing fiscal
impact of $75,576.30.
OBJECTIVE: To approve and authorize the Chairman to sign the attached five (5) 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.
CONSIDERA TIONS: 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 detennined to qualify for the program. Legal status has been verified and
documents are on file at the office of Housing and Human 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 defen"al ab1feements 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 detelmined that until
directed otherwise by the Board, these agreements routinely be placed on the consent agenda for
the Board's review, approval and Chainnan'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 developer to owner
occupants. As such, no new money is being deferred at this time.
Applicant(s) File Legal Description Deferral Deferral Being
Number. Amount Replaced
Raymonde Metelus 10-079-IF Lot 68 Liberty Landing $15,246.26 OR 4514 PG 2804
& Fritz Hyacinthe
J. Jesus Bustamante
Rodriguez & Maria 10-081-IF Lot 132 Liberty Landing $15,246.26 OR 4514 PG 2812
S. Bustamante
Jumel Edmond & 10-080-IF Lot 129 Liberty Landing $15,246.26 OR4514 PG 2836
Gina Edmond
Brenda Espinoza 10-085-IF Lot 130 Liberty Landing $15,246.26 OR 4514 PG 2800
Beaudeline Baver 10-082-IF Lot 1 Regal Acres $14,591.26 OR 4514 PG 2902
Agenda Item No. 16D6
June 8. 2010
Page 2 of 28
FISCAL IMP ACT: These agreements will continue to defer in total $75,576.30 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.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office. It is legally sufficient for Board action. - CMG
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign the attached
five (5) 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.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Agenda Item No. 16D6
June 8. 2010
Page 3 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D6
Meeting Date:
Recommendation to approve and authorize the Chairman to sign five (5) 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 with a continuing fiscal impact of $75,576.30.
6/8/20109:00:00 AM
Prepared By
Frank Ramsey
Manager - Housing Development
Date
Public Services Division
Human Servict)s
5/20/20108:57:30 AM
Approved By
Marcy Krumbine
Director - HlJusing & Human Services
Date
Public Services Division
Human Services
5/20/201011:28 AM
Approved By
Marla Ramsey
Administrator - Public Services
Date
Public Services Division
Public Services Division
5/21/20102:05 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Adm;n.
5/21/2010 2:06 PM
Approved By
Colleen Greene
Assistant County Attorney
Date
County Attorney
County Attorney
5/25/2010 9:01 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
5/26/20108:43 AM
Approved By
Jeff Klatzkow
County Attorney
Date .
5/26/20109:25 AM
Approved By
Sherry Pryor
Management! Budget Analyst, Senior
Date
Office of Management &
Budget
Approved By
Office of Management & Budget
6/1/20108:33 AM
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
6/1/20109:29 AM
Official
Agenda Item No. 16D6
June 8. 2010
Page 4 of 28
ipt - Collier County Board of County Commissioners
Date Post Date
12/18/200910:06:43 AM 12/18/2009
.,
Addr~$s: 3796 JUSTICE CIR
OWner: .tIABITAT FOR HLJMANI1Y COA #: 0'1-0220
p~rmit;Type:BR2 Job Desc: 1-STY S/F ATT 3/1 VILLA
ApP!Icant: HAI3 I TAT FOR HlJMJ,\NITY
DBA:
lQ - 0]1-:. )~..
Swr Meter: IMM 'Mr Meter: IMM
Payor: HABITAT
Fee Information
'1
Fee Code Descriotion . GL Account " Amount Waived
08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $6.46
08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $608.56
081MFF IMMOKALEE FIRE IMPACT 11300000020985000000 , .. $1435.'23
08MFSG MICROFILM SURCHARGE 11313890034144200000 ." ".", $5.82'
08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 . $6.46'
09CPMF COMM. PARKS M/F IMPACT FEE 34611636332410431346 $862,50 Yes
09EMMF EMS M/F IMPACT FEE 35014047032410431350 $1 tEt06' Yes
09GBMF GOVT BLDG M/F IMPACT FEE 39012223132410431390 $482.59, Yes
09JLMF JAIL M/F IMPACT FEE 38111043032410431381 $1,90.61 Yes
09LBMF LIBRARY MlF IMPACT FEE 35515619032410431355 $424.14 Yes
09LWMF LAW ENF M/F IMPACT FEE 38511043332410431385 $193.83 Yes
09MFR5 ROAD M/F D5 IMPACT FEE 33916365932410431339 $7725.00 Yes"
09RPMF REG. PARKS M/F IMPACT FEE 34611636332410431346 $1907;85 Yes
09SCHI SCHOOL IMPACT FEE 113000000209050000000 $3343.68 Yes
11 PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125.00
11PUDM PUD MONITORING FEE 13113890432248900000 .,' $100.00
12SITE SITE INSPECTION-ENGINEERING' .) 13113832732249000000 . $150.00
08BACR BLDG. PERMIT APP. FEE CREDPF";' . 11313890032251000000 '. $-193.95
';' J' Total ...$2243.58
Collier County Board of County
CD-Plus for Windows 95{NT
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Printed:5/5/2010 11:31:10 AM
Agenda Item No. 16D6
June 8, 2010
Official Receipt - Collier County Board of County CommF~~oTl~rs
CDPR 1103 - Official Receipt
Trans Number
916480
Post Date
12/18/2009
Address: 3791 JUSTICE CIR .
Owner: HABITAT FOR HUMANITY COA #: 06-0220
Permit Type: BR2 Job Desc:1-STY S/F ATT 3/1 VILLA
Applicant: HABITAT FOR HUMANITY
DSA:
lO-O~ l- \F
Swr Meter: IMM Wtr Meter: IMM
Payor: HABITAT
Fee Information
''1
Fee Code Descriotion GL Account Amount Waived
08BCAI BLDG. CODE CERT. SURCHARGE 11300000020882000000 $6.46
08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $608.56
081MFF IMMOKALEE FIRE IMPACT 11300000020985000000 $1435.23
08MFSG MICROFILM SURCHARGE 11313890034144200000 $5.82
08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 .,. .....$6.46
09CPMF COMM. PARKS M/F IMPACT FEE 34611636332410431346 $86.2.50 Yes
09EMMF EMS M/F IMPACT FEE 35014047032410431350 $116;06 Yes
09GBMF GOVT BLDG MIF IMPACT FEE 39012223132410431390 ,; $482.59, Yes
09JLMF JAIL M/F IMPACT FEE 38111043032410431381 ,.....$190.61' Yes
09LBMF LIBRARY M/F IMPACT FEE 35515619032410431355 '....... '." .$424.14 Yes
09LWMF LAW ENF M/F IMPACT FEE 38511043332410431385 $'193.83 Yes
09MFR5 ROAD M/F D5 IMPACT FEE 33916365932410431339 $7725.00 Yes
09RPMF REG. PARKS M/F IMPACT FEE 34611636332410431346 $1907.85 Yes
09SCHI SCHOOL IMPACT FEE 113000000209050000000 $3343.68 Yes
11PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 ..' $125.00
11PUDM PUD MONITORING FEE 13113890432248900000 ", $100.00
12SITE SITE INSPECTION-ENGINEERING 13113832732249000000 ,$150.00
08BACR BLDG. PERMIT APP. FEE CRt,bIT 11313890032251000000 $L193.95
" ~.l i. .,",~ \, ....$2243.58
Collier CountYJ3oard of County Commissi
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Printed:5/5/2010 11:31:40 AM
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Agenda Item No. 16D6
June 8, 2010
Page 6 of 28
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
916466
Date . Post Date
12/18/20099:53:54 AM 12/18/2009
Address: 3779 JUSTICE CIR
Owner: HABITAT FOR HUMANITY COA #: 06-0220
Permit Type: BR2 Jop Desc: 1-$TY S/F ATT 3/1 VILLA
Applicant: HABITAT FOFtHUMANITY
DBA: ........ ...... .. .
\O-otV-IF
Swr Meter: IMM wtr Meter: IMM
Payor: HABITAT
Fee Information
>t
Fee Code Description, GL Account Amount Waived
08BCAI BLDG. CODE CERT. SURCHARGE 11300000020882000000 $6.46
08BPNP BLOG PERMITS. - NAPLES 11313890032211000000 ....... $608.'.56
..
081MFF IMMOKALEE FIRE IMPACT 11300000020985000000 ....".... $1435.23
08MFSG MICROFILM SURCHARGE 11313890034144200000 $5.82'
08ROGS BLDG. PERMIT SURCHARGE 11300000020880000000 ,.. $6.46'
09CPMF COMM. PARKS M/F IMPACT FEE 34611636332410431346 $862.50 Yes
09EMMF EMS M/F IMPACT FEE 35014047032410431350 .. ..... $116.06 Yes
09GBMF GOVT BLDG M/F IMPACT FEE 39012223132410431390 $482:59 Yes
09JlMF JAIL M/F IMPACT FEE 38111043032410431381 $t90.61 Yes
09LBMF LIBRARY M/F IMPACT FEE 35515619032410431355 $424.14. Yes
09lWMF LAW ENF M/F IMPACT FEE 38511043332410431385 '$193~83., Yes
09MFR5 ROAD M/F 05 IMPACT FEE 33916365932410431339 $7725.00 Yes
09RPMF REG. PARKS M/F IMPACT FEE 34611636332410431346 $1907.85 Yes
09SCHI SCHOOL IMPACT FEE 113000000209050000000 $3343.68 Yes
11PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125.00'
11PUDM PUO MONITORING FEE 13113890432248900000 $100.00:
12SITE SITE INSPECTION-ENGINEERING 1311383273224Q000000 .' . ."$150!OO
08BACR BLDG. PERMIT APP. FEE CREDIT 11313890032251t:>00000 ........... $-193.95
Iota! $2243.58
Collier County BOclrd of County Commissi,
CD-Plus for Windows 95{NT .
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Printed:5/5/2010 11 :31 :24 AM
Official Rec
Agenda Item No. 16D6
June 8, 2010
Page 7 of 28
Collier County Board of County Commissioners
Date. Post Date
12/18/200910:14:07 AM 12/18/2009
Address: 3783 JUSTICECIR
Ovm~r;.ttABITAfFOR HUMANITY COA #: 06-0220
P~.rmitType;~R2 Job Desc: 1-STY S/F ATT 3/1 VILLA
AppJiqantHAI?IIAI.:EQR. HUMANITY
DBA:
l D ~ Q<(S ' IF
Swr Meter: IMM wtr Meter: IMM
Payor: HABITAT
Fee Information
'1
Fee Code Descriotion . GL Account Amount Waived
08BCAI BLDG. CODE CERT. SURCHARGE 11300000020882000000 $6046
08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $608.56
081MFF IMMOKALEE FIRE IMPACT 11300000020985000000 $1435:23
08MFSG MICROFILM SURCHARGE 11313890034144200000 $5.82
08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 ..... ,. $6046
09CPMF COMM. PARKS M/F IMPACT FEE 34611636332410431346 $862.50 Yes
09EMMF EMS M/F IMPACT FEE 35014047032410431350 $116.06 Yes
09GBMF GOVT BLDG M/F IMPACT FEE 39012223132410431390 $482~59 Yes
09JLMF JAIL M/F IMPACT FEE 38111043032410431381 $190.61 Yes
09LBMF LIBRARY M/F IMPACT FEE 35515619032410431355 $424.14 Yes
09LWMF LAW ENF M/F IMPACT FEE 38511043332410431385 $193.83 Yes
09MFR5 ROAD MIF D5 IMPACT FEE 33916365932410431339 $7725.00 Yes
09RPMF REG. PARKS M/F IMPACT FEE 34611636332410431346 $1907.85 Yes
09SCHI SCHOOL IMPACT FEE 113000000209050000000 ; '. $3343.68 Yes
11PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125.00
11 PUDM PUD MONITORING FEE 13113890432248900000 $1.00.0.0., .
12SITE SITE INSPECTION-ENGINEERING 13113832732249000000 / $150.00.,
08BACR BLDG. PERMIT APP. FEE CREDIT 11~~890032251000000 c' ')'.$:193.95'
Total $2243.58
Collier County Board of County Commissio
CD-Plus for Windows 9El/NT
Printed:5/5/2010 11 :33:00 AM
Trans Number
919275
Agenda Item No. 16D6
June 8.2010
Page 8 of 28
r County Board of County Commissioners
Official Receipt - C
CDPR 1103 - Official Receipt
Date
1/20/20108:22:59 AM
Post Date
1/20/2010
Address: 10231 KINGDOM CT
Owner: HA.@ITATFOR HUMANITY COA#: 09-0072
PermitType: .BR2Job Desc: 1 STYS/F AlT 3/2 VILLA
Applicant: HA~ITAT FOR HUMANITY '
DBA:
\O-otl- \ F
Swr Meter: SC wtr Meter: CC
Payor : HABITAT
Fee Information
'\
Fee Code Descriotion GL Account .... Amount Waived
09COA4R ROAD COA CREDIT D4 RES 33616365632411131336 $';7725~:()0
08BCAI BLDG. CODE CERT. SURCHARGE 11300000020882000000 $6.46
08BPNP BLDG PERMITS - NAPLES 11313890032211000000 ........ $608.56
08ENIM EAST NAPLES FIRE IMPACT 11300000020982000000 L: ... $284.46
08MFSG MICROFILM SURCHARGE 11313890034144200000 1....:...< $5.82'
08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 'J · ..... ... .. $6.46
09CPMF COMM. PARKS M/F IMPACT FEE 34611636332410431346 $862;50 Yes
09EMMF EMS M/F IMPACT FEE 35014047032410431350 $116:06 Yes
09GBMF GOVT BLDG M/F IMPACT FEE 39012223132410431390 $482.59 Yes
09JLMF JAIL M/F IMPACT FEE 38111043032410431381 '.. ...... $190.61 Yes
09LBMF LIBRARY M/F IMPACT FEE 35515619032410431355 " $424.14 Yes
,
09LWMF LAW ENF M/F IMPACT FEE 38511043332410431385 ,. $193.83 Yes
09MFR4 ROAD M/F 04 IMPACT FEE 33616365632410431336 $7725.00
09RPMF REG. PARKS M/F IMPACT FEE 34611636332410431346 $1907.85 Yes
09SCHI SCHOOL IMPACT FEE 113000000209050000000 $3343.68 Yes
11PUDM PUD MONITORING FEE 13113890432248900000 $100.00
12SITE SITE INSPECTION-ENGINEERING 13113832732249000000 '. > $150.00'
42MlTP COUNTY METER TAP CHARGE 40825321234332000000 ....,' ....$257.00
42SSRS SEWER IMPACT FEES RESIDENTIAL 41326361332410131413 .:-:- $3495.00 Yes
42WSRS WATER IMPACT FEES RESIDENTIAL 4112735113241D131411 .' $3575.00 Yes
08BACR' BLDG. PERMIT APP: FEE --- ..00 $-193;95
11 PLNRV ZONING PLAN REVIEW-f 862. 50+ 00 . $125.00
If' 116.06+ ~I " .$1349.81
:::.,I.J.. / 482.59+
190 .61 +
". ....,-.- 424.'4+
193.83+
. COt1i"r;~ 9D 7 · 8 5 +
3 , 343 . 68+
Collier County Bgard of County Commiss.fr.:r)'~n's
CD-Prusfor Windows 95/NT 0 1 {)
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3,495"00+
3,575-0\1+
Printed: 5/5/20 1 0 11 :31 :55 AM
14,591'26:~
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Agenda Item No. 1606
June 8, 2010
Page 9 of 28
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 10-079-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 8th day of June, 2010, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Raymonde Metelus and Fritz Hyacinthe"
(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 Fifteen Thousand Two
Hundred Forty Six and 26/1 00 Dollars ($15,246.26). 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 a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
1
Agenda Item No. 16D6
June 8, 2010
Page 10 of 28
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
, Deputy Clerk
By: 06/08/20 10
FRED W. COYLE, CHAIRMAN
By:
Approved as to form
and legal sufficiency:
Recommend Approval:
~~
Colleen Greene
Assistant County Attorney
it., -1J'
.........
ar y Krumbine, M
Director
Collier County Housing and Human Services
-
2
~"
WITNESSES OF BOTH SIGNATURES
Witnesses~" ~
~/ .'
Print Name ~~ii'\(.-xv~~'l...
Wi1nesses: f!t I
~11.L..o' ;,r.>P-~
Print Name /I~ ~eJ ~
STATE OF FLORIDA
COUNTY OF COLLIER
Agenda Item t~o. 1606
June 8, 2010
Page 11 of 28
OWNER:
/7 (' 1/JA'/~~fY7Z [;1
Raymon Metelus
OWNER:
tie-
:e me this ct2/ day 0
,twho is ~e
as proo . .
~7f?k:~-
Signature of Person Taking Acknowledgment
[NOTARIAL SEAL]
.". '!olt- Notary Public Stete of Florida
R ~I "f. Anna Vidaurri
. r_ . : My Commission 00949401
~A .f Expires 1213012013
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.
Agenda Item No. 16D6
June 8. 2010
Page 12 of 28
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 68, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
3796 Justice Circle, Immokalee, FL 34142
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. Road Impact Fee $7,725.00
H. Government Building Impact Fee $482.59
1. Law Enforcement Impact Fee $193.83
TOTAL IMP ACT FEES $15,246.26
-
4
., ~
Agenda Item No. 1606
June 8, 2010
Page 13 of 28
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 10~081-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 8th day of June, 2010, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "J. Jesus Bustamante Rodriguez and Maria S.
Bustamante" (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 Fifteen Thousand Two
Hundred Forty Six and 261100 Dollars ($15.246.26). 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 a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
1
II' ~
Agenda Item No. 16D6
June 8, 2010
Page 14 of 28
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By: 06/08/2010
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
Approved as to form
and legal sufficiency:
-
.t?
Cf)~ f:jl~
Colleen Greefle
Assistant County Attorney
arcy Krumbil e,
Director
Collier County Housing and Human Services
2
IIJ -
Agenda Item No. 16D6
June 8, 2010
Page 15 of 28
WITNESSES OF BOTH SIGNATURES
Witnesses: . kd
0s+t'~L C, ' "-
Print Name estV\eJ w-+h. vr
OWNER:
. ;jI;'Sc/> 8c/,s/fil ,A/~/1--7E"
J. Jesus Bustamante Rodriguez
Wt;:;:l1J'J1~
PrintName Ml1t V,bihl~l\
OWNER:
{,110.. y ( ,. a... "5 rfSc/c;'(a /1,1/ n W
Maria S. Bustamante
STATE OF FLORIDA
COUNTY OF COLLIER
[NOTARIAL SEAL]
The foregoing AgI.:eement was acknowledged before me this :t;L, day of
bYfJ1lt1'/'~ ' who 's erson~l1y ~o to me 0
~, as Identlt .
2010,
~~~.t\. Nola ry Public State of Florida
. . AnTle Vidaurri
~ r. .,; My CommIssion 00949401
~ 0""0'" EXPlrlls 1213012013
3
lIP.
Agenda Item No. 16D6
June 8, 2010
Page 16 of 28
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 132, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
3791 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$116.06
$190.61
B. Correctional Facilities Impact Fee
C. Library Impact Fee
$424.14
D. Community Parks Impact Fee
$862.50
H. Government Building Impact Fee
$1,907.85
$3,343.68
$7,725.00
$482.59
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
1. Law Enforcement Impact Fee
$193.83
TOT AL IMP ACT FEES
$15,246.26
-
4
:\ .0""
Agenda Item No. 16D6
June 8, 2010
Page 17 of 28
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 10-080-IF
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This space for recording
This Agreement is entered into this 8th day of June, 2010, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Jumel Edmond and Gina Edmond" (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 Fifteen Thousand Two
Hundred Forty Six and 261100 Dollars ($15,246.26). 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 a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
1
Agenda Item No. 16D6
June 8, 2010
Page 18 of 28
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
, Deputy Clerk
By: 06/08/2010
FRED W. COYLE, CHAIRMAN
By:
Approved as to form
and legal sufficiency:
~~
Colleen GreGne
Assistant County Attorney
Recommend Approval:
/
I
(I
2
Agenda Item No. 16D6
June 8, 2010
Page 19 of 28
WITNESSES OF BOTH SIGNATURES
Witnes~~ 4Cl~
Print Name f:~1tl&- A-r-thUf
O. WNER: ~
' . ~
J~~
Witnesses: ~~
JIi~ita~A t214d~
STATE OF FLORIDA
COUNTY OF COLLIER
Thet;~gOingA~""menJ ~as ackpowl~<;d h~f"'" me this ~ day of ~ '
2010, by __'It_f~ ~IS _ersonally kiiOwn:.,to me or as produced
as proof of identity. '
OWNER:
~(Ma/ F r/rynpry1ti
ma Edmond
[NOTARIAL SEAL]
19nature of Person Taking Acknowledgment
l~,P~ Notary Public Stale 01 Florida
. . Anna Vida"",
,~ . i My Commission DCt9494()1
01 ,..0"'. Expires 12/30/7013
~ ~'mv J);)CfW'ItJ/
. rapWo lo/y/dtJ/3
3
.. ; ...
Agenda Item No. 16D6
June 8, 2010
Page 20 of 28
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 129, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
3779 Justice Circle, Immokalee, FL 34142
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. Road Impact Fee $7,725.00
H. Government Building Impact Fee $482.59
1. Law Enforcement Impact Fee $193.83
TOT AL IMP ACT FEES $15,246.26
-
4
"1
Agenda Item No. 16D6
June 8, 2010
Page 21 of 28
Return to
Fraok Ramsey
Collier Couoty HHS
3301 E. Tamiami Trail
Naples, Florida 34112
05-11-1oPOl :35 I\CVO
File# 10-085- IF
This space for recordiog
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 8th day of June, 2010, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Brenda Espinoza" (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 Fifteen Thousand Two
..
Hundred Fortv Six and 26/100 Dollars ($15.246.26). 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 a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
'\
Agenda Item No. 16D6
June 8. 2010
Page 22 of 28
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
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:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
, Deputy Clerk
By: 06/08/2010
FRED W. COYLE, CHAIRMAN
~~J
Colleen Gree6e
Assistant County Attorney
end Approv 1:
Approved as to form
and legal sufficiency:
~
arcy Krumbine, MP
Director
Collier County Housing and Human Services
~J)
-.
2
WITNESSES
~~S: ~
~ ~~-,,-l.~ ~
Pnnt Name f\..r -f>as J,,-
Witnes!';es' . .',
/Ct" // ~
P;i~t N~~1~i A1~ 1;~: l~:=
(/
STATE OF FLORIDA
COUNTY OF COLLIER
The
2010, by
ent,was ackn~~~ ~:n:I~:~~~r has
as proof of identity.
~1Ii~A:
Signature 0 erso T ing Acknowledgment
[NOTARIAL SEAL]
~
~
.)
€ -OZlOCIZ _ SlIJ!dlC3. _;/ol(~ ~o_~.
LO~6"6aa UOISSIUJWO:) ^~ _ .:J ~
lJJnI!p!^ I!UU",
epIJOI:lIO all!IS ;)IIQnd NI!ION ~.. A"~O~
l~.~
\;'1i
0,,,,0
Notary Public State of Florida
Anna Vidaurri
My Commission DD949401
Expires 12/30/2013
Agenda Item No. 1606
June 8, 2010
Page 23 of 28
OWNER:
~.If,(fJdo... tSf//JO 20..
1t'enda Espinoza
OWNER:
3
'.
Agenda Item No. 16D6
June 8,2010
Page 24 of 28
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 130~ Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
3783 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
Amount Owed
A. EMS Impact Fee
$116.06
B. Correctional Facilities Impact Fee
$190.61
$424.14
C. Library Impact Fee
H. Government Building Impact Fee
$862.50
$1,907.85
$3,343.68
$7,725.00
$482.59
$193.83
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
I. Law Enforcement Impact Fee
TOT AL IMPACT FEES
$15,246.26
-
4
Agenda Item No. 16D6
June 8, 2010
Page 25 of 28
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 10-082-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 8th day of June, 2010, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Beaudeline Boyer" (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 Ninety-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 a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
1
Agenda Item No. 16D6
June 8, 2010
Page 26 of 28
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
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:
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:
~~
Colleen Gree'ne
Assistant County Attorney
-
2
.
.
Agenda Item No. 16D6
June 8, 2010
Page 27 of 28
WITNESSES
_.L.._-..
OWNER:
Witnesses: . " -)
.,)', ,.-' ./'
/;.,' (~,I~.'. '/It ,./~,~~ ,:..,r;.~
Print Name J\.)C) (01 ~.t.
/i
~,
L{)".... - T.. " ;0
,
STATE OF FLORIDA
COUNTY OF COLLIER
2010,
The foregoing Agreeme~ was acknowledg~d before me this .S ..\~day of !\:\ n.~ '
by p)-..?u,\(' \, ",' \;,\UE' , who IS personally known to me or has produced
- i- \ \'- L- as proof of identity.
3
.
. .
Agenda Item No. 16D6
June 8, 2010
Page 28 of 28
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 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
1. Water Impact Fee
$ 3,575.00
J. Sewer Impact Fee
$ 3,495.00
TOTAL IMPACT FEES
$14,591.26
-
4