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Agenda 09/14/2010 Item #16D15 Agenda Item No. 16015 September 14, 2010 Page 1 of 27 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign three (3) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units. OBJECTIVE: Approve and authorize the Chairman to sign three (3) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, a developer submitted applications for deferment of impact fees and the Board of County Commissioners approved the developer's requests. The funds deferred for the construction of two (2) residential dwelling units has been repaid in full. As such, the repayment obligation has been fulfilled and a release of lien is needed. The following table details the releases oflien associated with this item. Please note that there are two. (2) releases required for Jubilation Development Corporation due to an amendment to the original lien agreement. The original agreement, recorded at OR 3266 Page 0043 on April 15, 2003, was for an incorrect amount. As such, an amended agreement was recorded at OR 3532 Page 0881 on March 31, 2004 for the correct amount of $7,629.98. Copies of both agreements are attached to this item as back-up material. Name Pro er Daniel Castro and Lot 40, Yolanda Ocanas and Phase II Habitat for Humanity Jubilation Development Co oration Jubilation Development Corporation Re a ment Amount $5,557.70 Public Record OR 3861 PG 1409 Lot 43, Jubilation Subdivision Lot 43, Jubilation Subdivision N/A OR 3266 PG 0043 $7,629.98 OR 3532 PG 0881 FISCAL IMPACT: State Housing Initiatives Partnership Program (SHIP) funds in the amount of $13,187.68 have been repaid and are considered program income. Such funds may be reused for eligible SHIP program activities. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. It is legally sufficient for Board action. - JW STAFF RECOMMENDATION: Approve and authorize the Chairman to sign three (3) releases of lien for deferral of lOO 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. 16015 September 14, 2010 Page 2 of 27 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D15 Recommendation to approve and authorize the Chairman to sign three (3) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units. 9/14/2010 9:00:00 AM Meeting Date: Prepared By Frank Ramsey Manager - Housing Development Date Public Services Division Human Services 8/25/20109:23:27 AM Approved By Marcy Krumbine Director - Housing & Human Services Date Public Services Division Human Services 8/25/2010 11 :00 AM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 8/26/201011:42 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/30/20108:31 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 9/1/201011:40 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 9/1/2010 2: 11 PM Approved By Jeff Klatzkow County Attorney Date 9/2/2010 1: 25 PM Approved By Sherry Pryor Office of Management & Budget Management/ Budget Analyst, Senior Date Office of Management & Budget 9/3/201011 :21 AM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 9/3/20104:52 PM Agenda Item No. 16015 September 14, 2010 Page 3 of 27 Prepared by: Meghan roxon Collier County Housing. Human, and Veteran Services Dept 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 hoJder(s) of a certain Impact Fee Agreement executed by Daniel Castro and Yolanda Ocanas and Habitat for Humanity of Collier County, Inc. to Collier County, recorded on August 5, 2005 in Official Records Book 3861, Pages 1409, et seq., of the Public Records of Collier County, Florida, hereby does remise, release, quitclaim, exonerate and discharge the lien and operation of said agreement, from that celtain p0l1ion of the premises encumbered by said lien, morf; particularly described as follows: Lot 40, Independence Phase II, according to the plat thereof, as recorded in Plat Book 43, Page 64- 66, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (1260 Allegiance Way, Immokalee, FL 34142) The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. Dated this _ day of ,2010. 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 legalsufficiency: '-................> ...'-'~........-_.."--~''',,-,., Jt~fE. Wright Assistant County Attorney Agenda Item No. 16015 September 14,2010 Page 4 of 27 Prepared by: Frank Ramsey Collier County I-lousing and Human Services Dept 3301 E. Tamiami Trail Naples. FL 34112 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 Jubilation Development Corporation to Collier County, recorded in Official Records Book 3266, Page 0043, of the Public Records of Collier County, Florida, on April 15, 2003, 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 particu larly described as follows: Lot 43, of the Jubilation Subdivision, according to the plat thereof, as recorded in Plat Book 37, Pages 4 through 7, inclusive, of the Public Records of Collier County, Florida.- The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. Dated this_ day of ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: r "_~"",,______,__,_-'_._~. JeffE./Wright Assistant County Attorney Agenda Item No. 16015 September 14,2010 Page 5 of 27 Prepared by: frank Ramsey Collier County Housing and Human Services Dept 330J E. Tamiami Trail Naples, FL 341 12 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 Jubilation Development Corporation to Collier County, recorded in Official Records Book 3532, Page 0881, of the Public Records of Collier County, Florida, on March 31, 2004, hereby does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion ofthe premises conveyed by said lien, more particularly described as follows: Lot 43, of the Jubilation Subdivision, according to the plat thereof, as recorded in Plat Book 37, Pages 4 through 7, inclusive, of the Public Records of Collier County, Florida. The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. Dated this_day of ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS .~ COLLIER COUNTY, FLORIDA , Deputy Clerk By: FRED W. COYLE, CHAIRMAN By: Approved as to form and legal}uf..ficicncy: JeffE. Wright Assistant County Attorney ",,;.;. "AhS"4'S'S:'-" I .-~1'6~:~~}':"'-':;~ I ~AT FOR HUMANITY OF COWER COUNTY, INC. . ~.' d8~ier County Board of Cnty Commissioner Date. .:,:::;.' Type Reference 6/9/20. Bill HS #361 Castro 'i~( i~~ ~f<" ~~ ,~:-.,~!:~;,:, 15465 Original Amt. 5,557.70 6/9/2010 Balance Due Discount 5,557.70 Check Amount Payment 5,557.70 5,557.70 "",; .. f ~ ~ , .p r i. co 0 0 N 1.00r- l- I ..-..-0J Q} 00,- (ONO a: ~.,tr- >- a.. 0"- (1) 0 ZQ;~ 0 s::.c CL '2 (DE :=(1) coo.. OJ ""0(1) 0 C(I) M (1) OJ 0 c:{ ,... "" :2 cr: 0 LL o '" m ,... N 0> 0> S o e ~;. ~ Z "":l .... >< ~ './). ~ u ~ Ci <ll ~ C. 0- ::> (f) DO <ll E ... o u.. OJ "0 o (lJ IX ~~;~ g;:~~~ " 1:1<1', P,._;' ~:-~"-"'" ~-~':;'$~~'.t! ;7;>- f:~,::~, tf:.-.;:;f';f';}'-;i,y.~ I... 'iiG,)..".'.. . ~-~" 'j:e~~' ;;- ~ ,';; >.-..t.. ~",; r;t, ...... 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J' ( .:' :.1''1'' ';:.-"t-, t 'Cf' ~ .jo( " ~"':;~~ <""':;.:', ~. c:: t\:l'<;1- Clyc Qj'(Y) '->&1 I~~ o .~i:;1.O ;~;g~ C::.C\l~ ~~;~. li^.. i :..)_ J',ilJ ~~"i(;'- ~. ~). ~- .~ /' ~; . Ji,'.. . ',..' ~ \:C;vi .. ~~ ,.-, ., ". II ~ ,I ,i. '~;', y= f', < ;'-.1'"',,1 ~ .;,. ~ UJ ~ o ..<C- '..J' , ....:r. '0., ,,",/ '" 0.. o. ~ 0: r-.," ,.... N 1::::.<(0; 0:0> 'cr ..:'z i<(:. .'i,W' .....z 'z. ".." ,: I )-. ~. ,z. "W ,;: .. .... ... .,.................,0 W "<0: C , 'Z""'" .~~~-~ :,"':" ::=i' J:. "X ':'-"':'~ en o. z <t en :.;:) ',::0 :....:..<:1: ....::..:..:..f-,. ,. ,.ffi .......:.>. "uJ. '.!/) o . ':~~ "......';. ::~"".t7",..,.,-:.;-::',"':.-,:",~,. -Ii' ...iC.. , -i(. 'of<' .~; '., of< .4t ' .",. ,,'.' o!C -lC '. ,oj<, ... . -tc )..Jc', ;.', .~,; N' .LL . o . ,. . CJ').. .Om: ..... ;'~.~~'!"": .", o O:Ji1> ~~;~#, f-----(j),O :z; .2,. (jJ':';: . =>2"(1)'("1") 00' fI?.-1 . OOOLL D:r.I .~ ~~;~; --I ::)'Ol1. o o..;~.;c: 0. o.SXI? u... o .w:o:;, 'X w >->-'0 -<l:oi:! 0.,.,..,.0 -, f ") ! 1 A Prepared by: 3673089 ORf'g~~~.)W DCORDID in OFFICIAL BCORDS of COLIiUiEC8Dlfl47PL 08/05/2005 at 10:27AK DWIGHT I. BIOCI, CLIlI DC RI COPIlS 78.00 9.00 Patrick G. White Ass'.. Collier County Att'y. 3301 Tamiaml Tnil East Naples, FL 34tJ2 Retn: PIKAlCIAL ADNI. IH'fBROlPICI A!'PIl:. FLORI S ROGBRSdl Tlits space Tor recor ng ~1 AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES- IMMOKALEE RESIDENTIAL IMP ACT FEE DEFERRAL PROGRAM 1bis Agreement for the Deferral of 100% of Impact Fees is entered into this4~ day Of~V~'i'>1- , 2005 by and between Collier County, a political subdivision of the State of Florida, through its Board of County Conunissioners, hereinafter referred to as "COUNfY," and Daniel Castro and Yolanda Ocanas and Habitat for De the "Parties." y ). .1"'.: " C?'" RECITALS, N~ WHEREAS, Collier co~ Oid~ance N~M the llieI\ County Consolidated Impact Fee Ordinance, as amended by Ord~e~. 2~'!!l~dina~c~NO. 20 -25~and as it may be further amended from time to time, codified as ~ter t~l~a d c~ of~ollier County Florida, hereinafter collectively referred to as "Imp3_1 ~J.~~~ s r deflm' s of~act fees for new owner-occupied dwelling units qualifying for the I~O. Iallee ReSidentiallmpac~e. ] De erraVl&'G'rl ; and ~\\ ~ I j...) . WHEREAS, OWNE~ has . ;-;,f:~~r a deferra~ of 1~1~~ fe~s as all~~ed b~ the Impact ~ee Ordmance, and a copy of saId apphca~ ~n file m the .~ffiC~,\>Uinanclal AdnumstratJon and Housmg ~jf: ^)--. _______ "'\.. \ "/ Department; and"--'~::.-? WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for a I 00% deferral of impact fees as outlined in the Immokalee Residential Impact Fee Deferral Program and set forth in the Impact Fee Ordinance; and WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, (e) (I) b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating affordable workforce housing in the specified lmmokalee area. Page I OR: 3%~~~~e~~r,~~~g Page 9 of 27 NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION, ADDRESS AND OWNERSHIP. The name of the OWNER (S), the address of the subject property and the legal description of the dwelling unit and its site plan (the "Dwelling Unit") is attached as Exhibit "A," and is incorporated by reference herein. 3. PAYMENT OF IMP ACT FEES. The impact fee deferral agreement shall stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article, which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Permit(s) for that Development but for the deferral agreement. ~- 4. TERM. The term of the de~ 1\cjidit Jci.il~~~ntil such time that the subject Dwelling UnitlProperty is sold, tr~t~~. \'$J..-atisfied by payment to the County of the full amount of the impa~ fe. e Deferral. Payment shall be o~terest only if the Agreement has not b,on bre.d"d by tho ton-I.~ 'd,,,. eto ar.~ time' the~eferral period, but shall be subject to interest retroaCtivdY. ro~rrfi.,,~tho .tgreement is breached by the non- Conn~pmy. 1~(~\Wk ~ )~! 5. REPRESENTATIO~ WARRANTIES. 'fbt:rOwNlER r/:fi;'fCnts and warrants the following: OWNE \~\ hid . 'II ~ )esft2;:Li f$looOOO fr II a. R S)t~~ 0 earmngs Wl no\Ve~" (j'.r-_t 0 " om a sources, as set forth Se~~'2(H (g) (4) and (5) ~ct Fee Ordinance; and The Dwelling ~~~~~ and the homestead of the OWNER, and any change in the status of the occupancy or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in default and immediately due and payable, including any applicable interest, in accordance with the provisions set forth by Section 74-201(g) and Section 74-501 of the Impact Fee Ordinance; and b. c. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $5.557.70. as set forth in attached Exhibit "B," incorporated by reference; and d. The maximum sales price of the qualifying development will not exceed $175,000; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER until no later than the expiration of the TERM, the OWNER further covenants and agrees to comply with the lnunokalee Residential Impact Fee Deferral Program qualification criteria detailed in Section 74-201(g) (5) of the Impact Fee Ordinance, Page 2 Agenda Item No. 16015 f~wmb~r 1; 2010 OR: 386 fufai41Qof 27 during the term of this Agreement, except as to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the Dwelling Unit, which is subject to the impact fee deferral, at any time during the deferral term, the deferred impact fees may immediately become due and payable and may be required to be paid in full to the County within thirty (30) days or may be subject to the default provisions set forth in accordance Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited, encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement shall run with the land; and 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amourit of $5.557.70 as set forth in attacbed Exhibit "B." This lien may be foreclosed upon in the event of default und~e~~ed that if the OWNER is the mortgagor, the COUNTY and OWNER ~~ co l~~f a suitable security collateral being provided by the OWNE~~ COUNTY, then all of the 0 's lien rights and interests arising under this Agreement're t/be~e~ed 'unlOr,' erior, su ordinate to each first mortgage on the Dwelling Unit. dxc~ \.---' e e ~ 1, anr regardless of any foreclosure on the first mortgage or lothe se uri in~:r' e~ei be superior and paramount to the interest in the Dwel~ tu y , I tena ~ee, or other person, except that this lien shall be on parity ~. \ny lien for County taxe;s/k I.. '. ~/ 'I~ ~~,{~ 8. RELEASE OF LIEN. ~n, atisfactory completio~<Zj. Agreement's requirements and the requirements of the Immo~~~ . . ... ~~'inc1uding payment of the deferred impact ",' lfP r.:1RL // fees, the COUNTY shall, at the ~~:.eoUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release oflien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. The obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien, and that release or satisfaction will be recorded by the County upon payment to the County in full of all of the deferred impact fees; and 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: Page 3 Agenda Item No. 16015 OR: 386fe'G]~~'~n~ a. Should the OWNER of the property: (I) fail to comply with the qualification criteria in Section 74-201 (g) (5) of the County's Impact Fee Ordinance at any time during the term, except as to total household income not exceeding $100,000, or (2) violate any provisions of this Agreement, which then constitutes a breach in the agreement, impact fees will be considered to be in default and innnediately due and payable, by the OWNER, including any applicable interest, in accordance with this section and the collection provisions set forth by Section 74-501 of this Chapter; and shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. If the non-County party is in a non-curable default under the Agreement, or if the default is curable and the curable default is not cured in full within thirty (30) days after written notice to do so provided to the OWNER by the County, the Board may bring a civil action to enforce the deferral agreement and that the Board shall be cntitle~~..~osts, including attorney's fees and expenses inCUITed~h~):~~1'C\l;;:~e Agreement, plus interest, at the then /i-()/ ~;rl~" max~UQ1)fututory rate for final juas.men~ calculated on a calendar day basis ~ p~;t ~11. In ~ t inter~shoUld begin to accrue because the non- dounmtpi re. t.. 7J!\ int~ test shall accrue retroactively back tt the/fo encttffie e d t e ~elimp4ct fee deferral agreement. ~\ I~I c. ~ld otb: be aU'ltefjthis Agreement, and the default is \ \........' \ d .thi . (90) "'. ft! ~1. '-:\ If' . th OWNER, nQt'\pure WI n mnety 4@ a ch . g 0 wntten nonce to e \~9L. . . .:\~ 1 /J.... / the ~~!.(' may bnng a clVll ~..t<>l..eiiMrce the Agreement. d. In ad~');~L~};;'Z otherwise enforced by the COUNTY, by action 0~4~~uding the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorney's fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Page 4 Agenda Item No. 16015 OR: 386Ie1'G2~;4~ln~ IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year fIrst above written. ~yda-()ULV1cW ,y _~s 1BR ~ tJ '~P/?~ CI . n~ . \c;\\ Habitat fi~ty fA.iJ..l!1IjOrized Signature) \? \ .'t~ / /.0/ \1-. ." Y / L/ -C;iedbder ~~~~~~r~o " l}fF-~ C>lRL>Y ~~ r~~ l~:~;"- Q,,~ p' me /~t-"5. tI; <<io2&- Print Name WITNESS: ~- A. rf~ Signed A"",Ool\O- ,).{. Print Name STATE OF FLORIDA) COUNTY OF COLLIER) ~I k;/v Daniel Castro ~I7IL / arlr/J Print Name The foregoing Agreement was acknowledged before me this ~ day of :::rv\'{ ,2005 by Daniel Castro and Yolanda Ocanas and Habitat for Humanity.Cfhey are personally known to ~or have produced as proof of identity. [NOT ARlAL SEAL] .......k.... uu...u '" 'ORES {RIl:or:' !'sl;} ....'" ,.L: {.:" ~.l MY COMMISSION # DO 272381 ~\ ~J EXPIRES: January 13, 2DD8 ~; ":f:'f"rl[,r:~~ Bonded Thn.J Notary Public UnderWriters Page 5 COLLIER COUNTY, FLORIDA STATE OF FLORIDA) COUNTY OF COLLIER) [NOTARIAL SEAL] ~, FLORIS E. ROGERS ~~ MY COMMISSION. D0427962 ~.I EXPIW: May 10. 2009 t":~TA'.Y fl. NolIry ~ -- Co. Approved as to form and ~\~ Patrick G. White Assistant County Attorney Agenda Item No. 16015 OR: 38o'f~~~ln4~~~ By: 07 -p ~--/../ JAMES V. MUDD, COUNTY MANAGER' , 2005 by Denton Baker, Director Financial Administration & Housing Page 6 Agenda Item No. 16015 Sep.tember 14, 2010 OR: 3861 p~ag~41;f 27 EXHIBIT "A" LEGAL DESCRIPTION OWNERSHIP ADDRESS Daniel Castro and Yolanda Ocanas and Habitat for Humanity 1260 Allegiance Way, Imrnokalee Florida 34142 Lot 40, Independence Phase II, as recorded in Plat Book 43, Pages 64-66 of the Public Records of Collier County, Florida Page 7 "A" Agenda Item No. 16015 September 14, 2010 Page 15 of 27 '. OR: 3861 PG: 1416 I . - -iz " 1 \ i .' lTI---- _ U'ML . -- - ---- - - w~lftIL.. - .r"J.Jl"~ 1llIiCf 'lllIl TR1CT W\ll1 iilnt4ll"'tf tJI : rum.E WGUE R \ ! L '~~,~~___ ------------------.-------- \.DT 12 ~ FARMS (UMRECOROED) ADDRESS RANGES: 1239 - 1299 A11eg1~nce Way 1302 - 1342 Constitution Court ~351 - 1382 Patriot Court 1349 - 1417 America Way 1420 - 1517 Peace Way Page 8 Agenda Item No. 16015 September 14, 2010 tit OR: 3861 PG:a111~oft1* EXHffiIT "B" IMPACT FEE BREAKDOWN B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee A~OUDt Owed $ 93.00 $ 117.98 $ 167.91 $ 632.43 $ 631.40 Type of Impact Fee A. EMS Impact Fee ,) F. G. H. Page 9 Prepared by: 3165069 o&1en326~RG.:1ti043 DCOIDID lD opnellL ucOff~~w~~~, PL 04/15/2103 at 11:'111 DIIGI! I. BIGCt, CLIII IIC III 37.50 ..Irick G. WIllte AII'L Collier COUDI1 Att',. 3301 TIIIIIIamI TraU EMt Naples, n. 34112 leu: PIIlICIlL ADlII i RODSIIG ImlOPPICI lm: LAUD' BIW(403-ml) FlIet03-153-IF This space for ncordiDI AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE.FAMIL Y AFFORDABLE HOUSING DWELLING This Agreement for the ~t Fees is entered into this'~lIaay of ~ ,2003 by ~~Iitical subdivision of the State of Florida, through its the Do';; (~~~i~r referred to as "COUNTY: and Jubilation DeVelopJ",n. t.(~O m.~~, ,10 as "OWNER," collectively stated as the "Parties." \("" J~ (jJ) Y )~, J ~\ ~. , I~! ~,~\\,\ RECITA14s, : J / ~)i \':,.<: ~~ I ! ....... I '~","" I , ~I..-'I WHEREAS, Collier t.,,'Qon, it~ Ordinance No. 2001. -,\27/ the Collier County Consolidated 'Y:!R.~ //:(" Impact Fee Ordinance, as amend~~/~ay be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee. has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and ~ \ ! / / OR: 'W~d.p~ 09.&.\015 "~eptember 11~01O Page 18 of 27 WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Section 74-201, E.l.b. of the Impact Fee Ordinance. as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS. by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of c~~ble Housing. &ER COll ~ NOW, THEREFO~;~~sideration 0 . ~ing Recitals, and other good and valuable consideration, the!rec~ aIld ~11fficie~9f wh h i~ hereby mutually acknowledged, ilie Parties covenant and H~rR\ h ~ ~ I. REeIT ALS D'(f1\R ,,~). o~~ ~~'I"S are true and correct and are incorporated bY~., erence herein. J.~k.. 1 /~ \~'~~ / /'11 2. LEGAL DESCR . The legal desc~io(,~Jthe dwelling unit and its site plan ~. r . ~ -/ (the "Dwelling Unit"'~ ana .... . Xffibi. <':\'\A:," and is incorporated by reference . ~~;.)Y herem. 3. TERM. The tenn of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this tenn the Dwelling Unit must remain as affordable housing and may only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: Am, ItPG f'Jo00t5 5 ~~ptember 14, 2010 Page 19 of 27 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $6.869.98, as set forth in attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by 0 . no later than the expiration of the TERM, . JbR CO(j >- . OWNE .~s--.an\'~s to comply With the atTordable h ../ .07 ~ d ~ rral al~fi"" . . d .1 d . oUSI,lIg IIJ'P,act lee . ele qu 1 lC'allon\:ntena etat e In the Impact Fee Ord/ ~/ ~~.......... '--'MJ' \ \ matIC net ment. I . ::>\ . S. SUBSEQUENTn,!k~@ E fI,~.1NER sells the Dwelling Unit -) which is SUbje\f1~ the impact fee de~rral to a J~~uent purchaser. the Dwelling \-(~\ )'k ) /~/ Unit shall he ~~ persons or1f~~ meeting the deferral qualifying criteria set forth in1~naet-Eee O~);;he case of sale or transfer by gift of the Dwelling Unit, the'~~~;::hall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. ) 6. AFFORDABLE REQUIREMENT. The Dwelling Unit mast be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the deferred impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released. the dollar amount of deferred impact fee shall ") constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eight 3 OR' Am, ItM Nonw 5 · ~-~~~ten,h'Etr 1'4~~ 0 Page 20 of 27 Hundred Sixty-Nine dollars and 98/100 ($6.869.98), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of 9. 8. COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. II. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance if: a. OWNER fails to seU the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set fonh in Code 4 OR:A~~I~~~~~N~g Page 21 of 27 of Laws Section 74-501, B. within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: ( I) fail to comply with the said qualification cliteria at any time during the fifteen (15) year term; or (2) violate any provisio . reement, then the dollar amount of impact /:\.J~R Co l!\? fees deferre~'''$kAIt~al ID 'by" NER to the COUNTY within thirtv I,...\..J"/;-;. - (30) days/tif ~ification of sai . violation. b. sboull ~y in \f~t of tbis Agreement. and the defauIJ,i,S ,.ft.t J;U, ~ i '~~" af\er mailing of written notice to \nl\..Y ~/J , It-<J tbe O~'R~ the COU )l:ay) riJ,'!5j civil action to enforce the Agreem~\" ,-~~,Y~!~/ \~ " /< l./ c. In addition~~~d, or otherwise enforced by the COUNTY, by actl~~w or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR. Ala" IM'NclHlf1~15 · ~e'bt~~r "~J~10 Page 22 of 27 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year rust above written. Witnesses: ~5'P<~ Print Name (,f Mar J.L;. t-.~ ~J? . Print Name F~~~IV~t5.",r velopment Corporation: ) STATE OF FLORIDA) COUNTY OF COLLIER) ..j( The foregoing Agreement was acknowledged before me this ~ day of ~JJ , 2003, by James V. Mudd. County Manager, on behalf of the COUNTY. He is personally known to me. [NOTARIAL SEAL] \\,",,,, J ~.,..... J D---.J .~iI!"~.. wta...._. . ~ !:~tl Com!l'illlon IDDIS9014 ~~. ~~f Expn'tl: Oct 24, 2006 ";~O;~~., Bonded Thru ,."",\ Allll'lbc Bondm,Co..lnc. Approved as to fonn and re~ Patrick O. White Assistant County Attorney Denton Baker. Interim Director of Financial Administration & Housing 6 OR: Am, /tPG ~c{)ati 5 ~~ptember 14,2010 Page 23 of 27 EXHIBIT "A" LEGAL DESCRIPfION Jubilation Development Corporation Lot 43, of the JubUation Subdh1slon, according to the plat thereof, as recorded in Plat Book 37, Paps 4 throup 7, Inclusive, of the PubUc Records of Collier County, Florida. EXHIBIT ''8'' IMPACT FEE BREAKDOWN ~~ Type of Impact Fee AO\-~)~v , ~'> ,tOwed Ie /" >( P EMS Impact Fee Ii ~ $ \~ =::~Kttc@ $1l:~~;"-\ Parks Impact Fee\~ '~ ,9. . ~ '!'~\ ," I ~ Educational Facilit~ livstem Impact Fee '1~ ~ l,;t3i;,OO ~~~': >-:; /, 1..../ r\'.......... ' Road Impact Fee '<l,~4472.00 TOTAL IMPACT FE~~.tL~S/ $6,869.98 A. B. c. D. E. F. PO~tslAfIlt.plIOO'l Deferral ~t (030703 11001 7 ttt OR: :t~~'~~B,~~~t Page 24 of 27 ,.....-... ---....~i; .. .... - I t "';,- L~+ '-' ~ -:!\.\'o,\~o" Agenda Item No. 16015 September 14,2010 Page 25 of 27 ~ 'U AMENDMENT TO AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Amendment to the Agreement for the Deferral of 100% of Impact Fees entered into on March 23, 2004, by and between Collier County, a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and Jubilation Development Corporation, hereinafter referred to as "Owner," collectively stated as the "Parties." Recitals: WHEREAS, Collier County Ordinance No. 2001-12, the Collier County Consolidated Impact Fee ordinance, as amended by 2002-34, and as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of im act fees for new owne'r-occupied dwelling units qualifying as affordable hou . . ~~~O r ~ ~~. ~~r WHEREAS, Owner)1 aeferral of 100%..rqr; pact fees as allowed by the Impact Fee Ordinance,ln 4: copy of said Agr.er'll is on file in the office of Financial Administrati??, ~r'},d . ~ Depatit~ent ~d ~s recorded in a.R. Book 3266, Page 0043, Collier C(tJF ~,. ~\ \ WHEREAS, th~ Jun ., a r, or is). ".Inoo has reviewed this Amendment to that Ag -'~n n. it pt~With the requirements for an affordable housing ~\. ud,eferral of imp~ fe I s A~et forth in the Impact Fee Ordinance; and \~~". ?\~~/%>0 r ~v r '\ WHEREAS, the totall~~tjrV e Agreement were $6,869.98, and the total amount being defe ltiaS:J'j :::-r~alculated and should have been $7,629.98. Now therefore, in consideration of the foregoing Recitals, it is agreed by the Parties that the total Impact Fees previously deferred is amended to be $7,629.98 and the amount stated in Paragraph 4 (d) and Paragraph 7 and also Exhibit "B" of the Agreement for Deferral of 100% of Collier County Impact Fees for Single-Family Affordable Housing Dwelling is so amended to reflect an increase to the Road Impact Fees being deferred from $3,472.00 to $4,194.00; and is so amended to reflect an increase to the Community Park Impact Fees being deferred from $598.00 to $617.00; and is so amended to reflect an increase to the Regional Park Impact Fees being deferred from $597.00 to $616.00 as shown on the attached revised Exhibit "B." ) .........- as....a u.E.. on a:....... Q=~ EQ. .. .... = - == .. -; !: - CI ... - . .... .... - ... C'l ... - -= ... n _0 :::= -- .... lI:Il =-~ _D ~ _ "" .......,JI "" ... c:::> :::: 0 -...J .. .. ex> ~=~ _n - .... c:::> =~~ .... = .. !Is ~ !'" = c..n .. ' ..- -.) Ii!: ~ n. !4 ~ ..." n ::: G"l --.-- -- - .. n c:::> o ex> ~ex> . ~ ... .... - - n ... - - - .... c:> co OR: A~~2 It~M NOOW 5 September 14, 2010 Page 26 of 27 OWNER: STATE OF FLORIDA COUNTY OF COLLIER '" The foregoing Amendment was acknowledged before me this ;)~ day of 1f\("~ C'~ ,2004, by Richard J. Nogaj, President of Jubilation Development Corporation. He is personally known to me. (Seal) "'~~';Y~'- Lauren J. Beard R C ~:~~.~\ COm!DiSSiOn#~DI5 \Jb -OU __ ~~'. \)):::-Explres:Oct2 ~~ ' -'-~~~,'f-,~-- ~nded."/, N ~J?ubhc AlIantlc 8078 inc. \ COLLIER COUNTY, F~' R. ~ 1 \ rj 0 EXl~, J . I -, . ~\ E~ ~UDl;t)<tOUNTY M ':,p '71,i'\.f ~ 0 / STATE OF FLORIDA 1-0 _ _,,)I COUNTY OF COLLIER '/- )-> (-<'\.<\/ <lIE CIRy The foregoing Amendment ~wledged before me this 3 1st- day of ~ ,,^-eL ,2004, by James V. Mudd, County Manager, on behalf of the County. He is personally known to me. ( Notary Se~ I) ,,~~~ I" Lauren J. Beard f~~~';. Commission #DD 159084 W.. ~';J Expires: Oct 24,2006 Vi Of ...rF...-- Bonded Thru 'I" 111'" Atlantic Bonding Co., Inc. cJ=~~ Notary Public Approved as to form and legal sufficiency: ~~~ Assistant County Attorney Recommend Approval JJd5~ Denton Baker, Director of Financial Admin. & Housing Agenda Item No. 16015 *i* OR: 35j!t~~~i~i~** EXIHBIT "A" LEGAL DESCRIPTION Jubilation Development Corporation Lot 43, of the Jubilation Subdivision, according to the plat thereof, as recorded in Plat Book 37, Pages 4 through 7, inclusive, of the Public Records of Collier County, Florida. EXIDBIT "B" ~MP~~~~WN ~):'" Type ofImpact Fee / 09 ~Amount A. EMS Impact Fee I / ~J\ $9k \ Correction~ Facritl{"~lr\!)8 J Parks Impact Fee:\~.........\. ~~ $1.~..9 '..'; \,'').J . '\""'-.1 /, _1....- / Educational Faciliti~si~.. ...m Impact Fee ~... ..1-1100 '" .J~~\~\/ Road Impact Fee ~~_S~~:(472.00 TOTAL IMPACT FEES $6,869.98 New Amount F. $93.00 $117.98 $214.00 $1.233.00 $1.778.00 $4.194.00 $7,629.98 B. c. D. E.