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Agenda 10/27/2009 Item #16D 3Agenda Item No. 161D3 October 27, 2009 Page 1 of 51 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, twelve (1.2) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. OBJECTIVE: That the Board of County Commissioners approves, and authorizes the Chairman to sign, the attached twelve (12) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. 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 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 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 be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. Approval of this agenda item will defer 100% of Collier County impact fees for the following owner occupied affordable housing dwelling units: Applicant(s) File Number Legal Description Deferral Amount Leonardo Hernandez Ortiz and Bianey 10- 001 -IF Liberty Landing Lot 48 $14,987.08* Hernandez Marta D. Serrano 10- 002 -IF Naples Manor Lakes $29,641.30 * Lot 25 Block 3 Brunel Alcenat and 10- 003 -IF Naples Manor Lakes $29,641.30* Mirlene Alcenat Lot 26 Block 3 Charlene Isme 10- 004 -IF Naples Manor Lakes $29,641.30 * Lot 15 Block 14 Leonardo Aguiar Figueredo and Alexys 10- 005 -IF Trail Ridge Lot 82 $22,325.96* Aguilar Farah Louisfils 10- 006 -IF Trail Ridge Lot 67 $22,325.96* Francois Cherilus and Joceline Cherilus- 10- 007 -IF Liberty Landing Lot 58 $14,987.08* Clervil Romener Baptiste 10- 008 -IF Liberty Landing Lot 39 $12,442.46* Agenda Item No. 16D3 October 27, 2009 Page 2 of 51 Jean H. Tira and Fleurilia Senatus 10- 009 -IF Liberty Landing Lot 45 $12,442.46* Corcotte Michel 10- 010 -IF Liberty Landing Lot 64 $14,987.08* Teresa G. Guerra 10- 011 -IF Trail Ridge Lot 183 $22,325.96* Gilbert Hippolite and Anie Hi olite 10- 012 -IF Trail Ridge Lot 188 $22,325.96* fi I ransper deperrais prom builder to owner. No new money deferred. FISCAL IMPACT: These agreements in total defer $248,073.90 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: That the Board of County Commissioners approves, and authorizes the Chairman to sign, the attached twelve (12) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. ` PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 001 -IF This space for recording Agenda item No. 161D3 October 27, 2009 Page 3of51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27`" day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Leonardo Hernandez Ortiz and Bianey Hernandez" (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 Nine Hundred Eight Seven and 08/100 Dollars ($14,987.08). 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 1 Agenda Item No. 16D3 October 27, 2009 Page 4 of 51 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. 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 C , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IN 10/27/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES AS TO BOTH SIGNATURES Witnesses: Print Name ! i jr.'�;��G �) ] ✓i: ? < =�� FAr"I -- �- STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: 'Leonardo Hernandez Ortiz OWNER: Bianey Hernand Agenda Item No. 16D3 October 27, 2009 Page 5 of 51 The regoing greement was ackno ledged before me this � day of , 2009, by xho is personally known to me or has produced as proof of identity. AZ P COON, * CO. Si re of Pers4 Taking Ackn ledgment Approved as to form and legal sufficiency: N&M, Colleen Greene Assistant County Attorney Recommend lC*cy KrumbirkPIPA Director Collier County Housing and Human Services Agenda Item No. 161D3 October 27, 2009 Page 6 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 48, 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 3716 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 514,987.08 V, Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 002 -IF This space for recording U Agenda Item No. 16D3 October 27, 2009 Page 7 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marta D. Serrano' (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 w 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 Twenty Nine Thousand Six Hundred Forty One and 30/100 Dollars ($29,641.30} 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 1 Agenda Item No. 161D3 October 27, 2009 Page 8 of 51 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. 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 in , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 10/27/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES OWNER: Wt it OWNER: Wit s: ' 4 01 Print Name - STATE OF FLORIDA) COUNTY OF COLLIER) Agenda Item No. 16D3 October 27, 2009 Page 9 of 51 The foregoing Agre pen`t was acknowledged before me this ZZ day of Se M10 e r 2009, by Kkax stn, S-- crcuwo , who is personally known to me or has produced V t-- i— as proof of identity. l.0,�A. s 0 My Comm. Expire: ; O .. August 29, 2010 z No. DO 590338 N* Approved KAI. '� PLO����• and legal su9c 11114110 Colleen Greene Assistant County Attorney Signature of Person Taking Acknowledgment "Recommend 1: � -j A Director Collier County Housing and Human Services Agenda Item No. 161D3 October 27, 2009 Page 10 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 25, Block 3, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5205 Gilchrist Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 E. Regional Parks Impact Fee $2,378.20 F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Buildings Impact Fee $796.05 I. Law Enforcement Impact Fee $309.75 J. Sewer System Fee $3,495.00 K. Water System Fee $3,575.00 TOTAL IMPACT FEES $29,641.30 4 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 003 -IF This space for recording Agenda Item No. 161D3 October 27, 2009 Page 11 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27h day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Brunel Alcenat and Mirlene Alcenat" (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 Twenty Nine Thousand Six Hundred Forty One and 30/100 Dollars ($29,641.30) 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 1 Agenda Item No. 16D3 October 27, 2009 Page 12 of 51 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. 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 am , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, ma 10/27/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES AS TO BOTH SIGNATURES Witness Print Name is vC4 46L 11V- Witnesses: STATE OF FLORIDA) COUNTY OF COLLIER) Agenda Item No. 16D3 October 27, 2009 Page 13 of 51 OWNER: (:2�%I ,j ♦ I., y i�rC C Lit r� Brunel Alcenat Mirlene Alcenat The foregoing A rFment was ac owledged before me this __!� day of 2009, by L p N who is personally known to me or has produced as proof of identity. Z ��y ape No Signature of Person Taking Ackno dgment pJ��'•`�`,� Approved as itsIfti!#4'1'` Recommend Approval: and legal sufficiency: Colleen Greene -,Vfardy Krumbine, MOX Assistant County Attorney Director Collier County Housing and Human Services 3 Agenda Item No. 16D3 October 27, 2009 Page 14 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 26, Block 3, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5201 Gilchrist Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Sewer System Fee K. Water System Fee TOTAL IMPACT FEES Amount Owed $112.46 $122.36 $503.49 $1,075.25 $2,378.20 $9,026.12 $8,247.62 $796.05 $309.75 $3,495.00 $3,575.00 $29,641.30 2 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 004 -IF This space for recording L Agenda Item No. 161D3 October 27, 2009 Page 15 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Charlene Isme" (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 Twenty Nine Thousand Six Hundred Forty One and 30/100 Dollars ($29,641.30) 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 1 Agenda Item No. 16D3 October 27, 2009 Page 16 of 51 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. 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 By: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, 10/27/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES W' ness s� Print Name K m STATE OF FLORIDA) COUNTY OF COLLIER) ii The foregoing A 2009 ,*tai produced ` ,�P O Agenda Item No. 16D3 October 27, 2009 Page 17 of 51 re,00 • ' 'ma, MMI, L" MdNolazlll! 11.1.� F .IT i it was acknowledged before me this 4?�L_ day of 1t� t�r�e -me-, who is personally known to me or has as proof of identity. J• My Comm pint �O ;IALAQVI r io • No, DD 580338 ... • �! e��� +i.. OF F1.0..��♦ Approved as to form an(d legal sufficiency: 1'� Colleen Greene Assistant County Attorney i Signature of Person Taking AcGow4redgment Recommend Approv : -P Aarcy Krumbine, it&A Director Collier County Housing and Human Services 3 Agenda Item No. 161D3 October 27, 2009 Page 18 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 15, Block 14, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5357 Trammell Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 E. Regional Parks Impact Fee $2,378.20 F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Buildings Impact Fee $796.05 1. Law Enforcement Impact Fee $309.75 J. Sewer System Fee $3,495.00 K. Water System Fee $3,575.00 TOTAL IMPACT FEES $29,641.30 4 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 005 -IF This space for recording Agenda Item No. 161D3 October 27, 2009 Page 19 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Leonardo Aguiar Figueredo and Alexys Aguilar" (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 Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22,325.96) 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 1 Agenda Item No. 16D3 October 27, 2009 Page 20 of 51 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. 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 , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 10/27/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES AS TO BOTH SIGNATURES Wit neses: - rint Name - STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: Leonardo Aguiar Figueredo OWNER: Alexys A filar Agenda Item No. 16D3 October 27, 2009 Page 21 of 51 TTfore going greement was acknowledged before me this 23 day of �i1 -W'Lr , 2009, nylD4'j �V--#. �VK'j s . who is 1)ersonally knawjn to me or has produced F ` L as proof of identity. IN Icy Comm. Expires ; O August 29, 2010 No. DO 590338 l�io �tetisn _�G_.� oe and legal stiff' �+>:�� o ;%.��- co.��. Colleen Greene Assistant County Attorney Signature of Person Taking Acknowledgment Recommend Approval: ar y Krumbine, MPA Director Collier County Housing and Human Services Agenda Item No. 16D3 October 27, 2009 Page 22 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 82, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13605 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 $3,616.49 $3,722.39 $22,325.96 E Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 006 -IF This space for recording Agenda Item No. 16D3 October 27, 2009 Page 23 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27h day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Farah Louisfils" (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 Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96) 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 1 Agenda Item No. 16D3 October 27, 2009 Page 24 of 51 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. 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 I1 , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, 1-fi 10/27/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES Witnes es: 7 - H�*�� �,/ Print Name n r 'I -A � ] STATE OF FLORIDA) COUNTY OF COLLIER) PAK OWNER: Agenda Item No. 16D3 October 27, 2009 Page 25 of 51 The foregoing Agreement was acknowledged before me this 2--Z- day of �jepvr�bt r , 2009, by F4c a \� who is personally known to me or has produced 'TA- D L as proof of identity. a Approvec and legal Colleen Greene Assistant County Attorney Signature of Person Taking Acknowledg ent Recommend Approval: "Krumbine, A D irector Collier County Housing and Human Services -. __ _..._..- .._.-. Agenda Item No. 16D3 October 27, 2009 Page 26 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 67, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13545 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES Amount Owed $112.46 $66.97 $402.79 $862.50 $1 ,907.85 $3,139.61 $7,858.52 $450.18 $186.20 $3,616.49 $3,722.39 $22,325.96 rd Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 007 -IF This space for recording Agenda Item No. 16D3 October 27, 2009 Page 27 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27b day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Francois Cherilus and Joceline Cherilus - Clervil" (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 Nine Hundred Eighty Seven and 08/100 Dollars ($14,987.08). 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 1 Agenda Item No. 161D3 October 27, 2009 Page 28 of 51 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. 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. S. 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 , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 10/27/2009 DONNA FIALA, CHAIRMAN N WITNESSES AS TO BOTH SIGNATURES Witnesses: Print Name I I- )r,, 4 r W. �`c� :.i:.ar STATE OF (FLORIDA) COUNTY OF (COLLIER) 2009, Agenda Item No. 16D3 October 27, 2009 Page 29 of 51 OWNER: '_E /2 Francois Cherilus OWNER: Joceline Cherilus- Clervil The. oregoing Agreement was acknowledged before me this — day of , by C (Ay't - -���,Oo is personally known to me or has produced as prgq of identity. , u� � Si azure of Person aking Ackn ledgment MY COMMISSION # DD594447 EXPIRES: Soptadw 11.2010 W/, Fi.NnmyOlwnuntAwocCo Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney Recomme d Approval: Marcy Krumbine, A Director Collier County Housing and Human Services MENNEN Agenda Item No. 161D3 October 27, 2009 Page 30 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 58, 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 3756 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 $14,987.08 4 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 008 -IF This space for recording Agenda Item No. 16D3 October 27, 2009 Page 31 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Romener Baptiste" (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 Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12,442.46). 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 1 Agenda Item No. 16D3 October 27, 2009 Page 32 of 51 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. 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 , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, I-In 10/27/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES Wit I1)�ssies. Print Name (Y1 c „--I 1 e, I I V rL dc) Wi esses: Priu t Name STATE OF (FLORIDA) COUNTY OF (COLLIER) Ill // % �/ '- "'.1,�• Romener Baptiste Agenda Item No. 16D3 October 27, 2009 Page 33 of 51 The oregomg Agreement, was acknowledged before me this, - day of , 2009, b '� f` who is personally known to me or has produced as proof of identity. (NOTARI A IJ1t�`i'��Y App s to form and legal sufficiency: Colleen Greene Assistant County Attorney Si re of Pers&n Taking A&nowledgment Recommend Approv 7 cy Krumbine A Director Collier County Housing and Human Services Agenda Item No. 16D3 October 27, 2009 Page 34 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 39, 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 3680 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 S12,442.46 4 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 009 -IF This space for recording Agenda Item No. 16D3 October 27, 2009 Page 35 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jean H. Tira and Fleurilia Senatus" (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 Twelve Thousand Four Hundred Forty Two and 46/100 Dollars ($12,442.46). 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 Agenda Item No. 161D3 October 27, 2009 Page 36 of 51 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. 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 I: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, I 10/27/2009 DONNA FIALA, CHAIRMAN 2 Agenda Item No. 16D3 ,,. October 27, 2009 •' Page 37 of 51 WITNESSES AS TO BOTH SIGNATURES Witnesses: / Print Name )? IL ' tr�� <- l���r• -�, Witnesses: (� Print Name `i• o tc STATE OF (FLORIDA) COUNTY OF (COLLIER) OWNER: I iFA ME" 1. W, O • E' \ The fore,ng A��ent acknowledged before me this day of September, 2009, by y I IriL mil who is personall known to me or has produced a oof f identity. [N!D O MY COMMISSION p DD594447 ° VUY EKPIRFS: September 12,2010 14W34 0TARY FL NowY Dismal --r. Ca Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney of Peron Taking Recommend Approval: R ar y Krumbine, NIM Director Collier County Housing and Human Services Agenda Item No. 16D3 October 27, 2009 Page 38 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 45, 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 3704 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 010 -IF This space for recording Agenda Item No. 16D3 October 27, 2009 Page 39 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27'h day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Corcotte Michel" (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 Nine Hundred Eighty Seven and 08/100 Dollars ($14.987.08). 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 1 Agenda Item No. 161D3 October 27, 2009 Page 40 of 51 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. 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 , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, ME DONNA FIALA, CHAIRMAN 10/27/2009 2 WITNESSES Witnesses: Print Name STATE OF (FLORIDA) COUNTY OF (COLLIER) 2009, Agenda item No. 16D3 October 27, 2009 Page 41 of 51 f F'p Corcotte Michel OWNER: Thyy.. foregoin Agreemgnt was acknowledged before me this day of , by (-Or Cam^ tCG who is personally known to me or ha produced as i [NOTARIAL SEAL] j, afore of Per on Takmg owledgment `� AGNES � M1 COMMISSIOM DD S97 r ,�aoruyanba 12.2010 Approves a and legal sufficiency: Colleen Greene Assistant County Attorney Recommend Approval: Krumbine, Director Collier County Housing and Human Services 3 Agenda Item No. 16D3 October 27, 2009 Page 42 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 64, 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 3780 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 $14,987.08 4 Return to Frank Ramsey Collier County 1111S 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 011 -IF This space for recording Agenda Item No. 161D3 October 27, 2009 Page 43 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27`1' day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Teresa G. Guerra" (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 Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22,325.96) 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 1 Agenda Item No. 16D3 October 27, 2009 Page 44 of 51 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. 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 ME , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, I 10/27/2009 DONNA FIALA, CHAIRMAN r WITNESSES Witnes s: �2 Print Name i. - ?ci Witess . 11%42k Print Name E m Y�1QC STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing 5.,0 �Yrn r 2�6tA1� produced 10 My Comm. _+i Agenda Item No. 16D3 October 27, 2009 Page 45 of 51 FV-- ►` � r • OWNER: Agreement was acknowlydged before me this day of l c, q, -mvho is personally known to me or has • ""c- SJ L as proof of identity. Bxplril G �. Signature of Person Taking AcKnowledgment fit" Approved as to form Recommend Appro al: and legal sufficiency: Colleen Gree e Assistant County Attorney r"Krumbin4,jVPA Director Collier County Housing and Human Services 3 Agenda Item No. 16D3 October 27, 2009 Page 46 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 183, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13520 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 $3,616.49 $3,722.39 $22,325.96 4 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 012 -IF This space for recording Agenda Item No. 161D3 October 27, 2009 Page 47 of 51 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 27"' day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Gilbert Hippolite and Anie Hippolite" (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 Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22,325.96). 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 Agenda Item No. 16D3 October 27, 2009 Page 48 of 51 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. 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 to , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 10/27/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES AS TO BOTH SIGNATURES Witnesse Print Name ; Wit 7m.,., yy Print Name r,,-Ef b STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: ,..k_ Gilbert Hippolite OWNER: Anie Hippolite Agenda Item No. 16D3 October 27, 2009 Page 49 of 51 The foregoing Agreement was acknowledged before me this day of A ut - t 2009, by who is personally known to me or h s produced ���►►� ±' logo +-1n1411. as proof of identity. and legal sufficiency: Assistant County Attorney Signature of Person Recommend A Director Collier County Housing and Human Services 3 Agenda Item No. 16D3 October 27, 2009 Page 50 of 51 EXHIBIT "A" LEGAL DESCRIPTION Lot 188, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13540 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 $3,616.49 $3,722.39 $22,325.96 4 Page 1 of 1 Agenda Item No. 16D3 October 27, 2009 Page 51 of 51 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 161D3 Item Summary: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, twelve (12) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Meeting Date: 10/27/2009 9:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 10/8/2009 8:14:05 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 1018/2009 8:33 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 10/8/2009 1:26 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 10/912009 10:35 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/9/2009 11:24 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 10/1212009 3:26 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1412009 9:55 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 10/14/2009 12:13 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10114/2009 12:49 PM fil e://C:\AgendaTest\Export\ 13 7 -October 27,2009\1 6. CONSENT AGENDA \16D. PUBLI... 10 /21/2009