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Agenda 12/01/2009 Item #10B Agenda Item No. 10B December 1, 2009 Page 1 of 149 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign, thirty-six (36) lien agreements with Habitat for Humanity of Collier County, Inc. for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. (Fiscal impact $531,498.23) .. OBJECTIVE: To approve and authorize the Chairman to sign, the attached thirty-six (36) lien agreements with Habitat for Humanity of Collier County, Inc. for defelTal of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. (Fiscal impact $531,498.23) 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 arc 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 autborizes 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 detennined that until directed otherwise by the Board, these agreemcnts routinely be placed on the consent agenda for the Board's review, approval and Chainnan's signature. However, this request appears as a companion item to another item on today's agcnda for Board consideration. As such, this item appears on the regular agenda, as opposed to the consent agenda. Approval of this agenda item will defer 100% of Collier County impact fees for the following owner occupied affordable housing dwelling units: - - I . A~licant(s) File Number Le2a] Description Deferral Amount Habitat for Humanity 1O-032-IF Liberty Landing Lot 65 $15,246.26 of Collier Coun , Inc. I -- --.-.--.- Habitat for Humanity IO-025-IF I Liberty Landing Lot 66 $15,246.26 of Collier County, Inc. I _._-------~-- --- Habitat for Humanity lO-031-IF Liberty Landing Lot 67 $15,246.26 of Collier Coun , Inc. - Habitat for Humanity IO-028-IF Liberty Landing Lot 68 $15.246.26 of Collier County, Inc. Habitat for Humanity 10-034-IF Liberty Landing Lot 69 $15,246.26 of Collier Coun , Inc. ..--,.._--- .-- ---- Habitat for Humanity 10-O?6-IF Libeliy Landing Lot 70 $15,246.26 of Collier Count , Inc. Habitat for Humanity IO-033-IF Libeliy Landing Lot 7lJ $15,246.26 of Collier County, Inc. . ,._--~-- -"--' ,.....,,-~ .,,"'.,',_." ,.- .". Agenda Item NO.1 06 December 1, 2009 Page 2 of 149 ~ '-,---'- r . : Habitat for Humamty 'I ! of Collier County, Inc. , Aeplicant(s). 1 File Numb~i- Habitat for Humamty , of Collier Coun , Inc. Habitat for Humanity I' or Collier County, Inc. , Habitat for Humanity o ! of Collier County, Inc. , 1 Habitat for Humanity 1 of Collier County, Inc. I Habitat for Humanity i of Collier County, Inc. , Habitat for Humanity 10-023-IF Liberty Landing Lot 134 i I of Collier County, Inc. __ ~__ _. ___' _~~' , Habitat for Humanity 10-035-IF I Liberty Landing Lot 135 I ofC()lher _Counjy,I!1~:+______ ___ n_~__ __ _ ____ __n~ ~I_____ Habitat for Humanity I 10-024-IF Liberty Landing Lot 136 i of Collier County, Ine._..", , Habitat for Humanity 1_ of Collier County, Inc. , Habitat for Humanity of Collier Count ,Inc. i' Habitat for Humanity , i of Collier Coun ,Inc. , Habitat for Humanity i of Collier County, Inc. i Habitat for Humanity , 1 of Collier Count , Inc. , i Habitat for Humanity of Collier Coun , Inc. Habitat for Humanity , of Collier County. In~ Habitat for Humanity i o C I ,-- - I - . ---.--- Liberty Landing Lot 72 $15,246,26 -_.~. Deferral Amount Legal Descri . two iberty Landing Lot 129 $15,246.26 -iberty Landing Lot 130 I $15,246.26 iberty Landing Lot 131 I $15,246.26 , - , L;~erty Landing Lot 132l $15,246.26 . . $15,246.26 10-029-IF o , I ! 10-036-IF I L J I I I , 10-037-IF I L , , 10-030-IF~ ! 10-027-IF 10-038-IF LIberty Landmg Lot 133 $15,246.26 --j $15,246.76 I $15,246.26 10-039-IF Regal Acres Lot 1 __.l $14,591.26 ---------j $14,591.26 J $14,591.26 1 0-040- IF Regal Acres Lot 2 , , 10-041-1;-1 Regal Acres Lot 3 , , 10-042-IF Regal Acres Lot 4 $14,591.26 10-043-IF Regal Acres Lot 5 $14,591.26 10-044- IF Regal Acres Lot 6 1- Regal Acres Lot 7 t- , $14,591.26 , I j I 10-045-IF $14,591.26 of Collier ounty, nc. 0 0 Habitat for Humanity 1O-047-IF I Reaal Ac of Collier County, Inc. 0 , , , . Habitat for Humanity 10-048-IF Regal Acr of Collier County, Inc. . , Habitat for Humanity , Regal Acr I 10-049-IF ~ of Collier County, Inc. ---- Habitat for Humanity 10-050-IF Regal Ac , of Collier County, Inc. - Habitat for Humanity 10-05 I -IF Regal Ac 10-046-IF . ~ Regal Acres Lot 8 $14,591.26 , , ~-1 res Lot 9 S 14,591.26 es Lot 10 $14,591.26 j I I es Lot II $14,591.26 res Lot 12 $14,591.26 of Collicr County, Inc. Habitat for Humanity of Collier Count, Inc. , Ihbitat for Humanit ' , res Lot 13 I ---10-057-IF I~Regal ,~cres Lot 14 -~ __._, I 10-053-IF _L Regal Acres Lot 15 $13,981.67 $13,981.67 $13,981.67 ...J Agenda item NO.1 08 December 1, 2009 Page 3 of 149 -i---- I J ('1' Collier County , Inl~ i . - . , ~., .'. I I , , , , I . , I ~licant(s) Filc Numbcr I Legal Descri tion Dcfcrral Amount I Habitat 101 Humanity 1 10-054-IF Regal Acres Lot ] 6 $13,981.67 of Collier County, Inc. ---- Habitat for Humanity 10-055-1F i Regal Acres Lot 17 $13,981.67 of Coilier County, Inc. .. --. Habitat for Humanity 10-056-IF Regal Acres Lot 18 $14,591.26 of Collier County, Inc. Habitat for Humanity , , 10-057-IF i Regal Acres Lot ] 9 $13,981.67 of Collier County, Inc. i_. Habitat for Humanity 10-058-IF Regal Acres Lot 20 $13,981.67 ~f Collier County,}nc. I . FISCAL IMPACT: These agreements in total defer $531,498.23 in impact fees. Altbough it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. It is legally sufficient for Board action. - CMG STAFF RECOMMENDATION: To approve and authorize the Chairnlan to sign, the attached thirty-six (36) lien agreements with Habitat for Humanity of Collier County, Inc. for deferral of ] 00% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. (Fiscal impact $531,498.23) PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services .. ,.,-. Agenda Item No. 10B December 1, 2009 Page 4 of 149 COLLlER COVNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10B Recommendation to approve and authorize the Chairman to sign, thirty-six (36) lien agreements with Habitat for Humanity of Collier County, Inc. for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. (Fiscal impact $531,49823) (Marla Ramsey, Public Services Administrator) 12/1/20099:00:00 AM Meeting Date: Prep. red By Frank Ramsey Manager" Housing Development Date Public Services Division Human Services 11/12/20092:33:14 PM Approved By Marcy Krumbine Director. Housing & Human Services Date PubHc Services Division Human Services 11/12/20092:37 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 11/12/20093:53 PM -,.'. Approved By Marla Ramsey Administrator" Public Services Date Public Services Division Public Services Division 11/13/20092:11 PM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 11/13/20093:56 PM Approved By OMS Coordinator Date County Attorney County Attorney 11/17/20099:14 AM Approved By Jeff Klatzkow County Attorney Date 11/17/20092:38 PM Approved By Sherry Pryor Management! Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 11/23/20098:58 AM Approved By _. John A. Yonkosky Director. Management and Budget Date Office of Management & --.---_. -"-"'"'-' -,"--.__._..,..-,- ' -._--- ~ Agenda Item NO.1 08 December 1. 2009 Page 5 of 149 Budget Office of Manag"O:r.ent & euo~et 11/23/20099:17 AM Approved By Leo E. Ochs, .k County Manage" Date County Managers Office County Managers Office 11f23f2Q09 3:25 PM Agenda Item No.1 OB December 1, 2009 Page 6 of 149 Return to Frank Ramsey IlIIS J301 E Tamiaml Trail Naples,FL34112 File# 10-039-1F This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS u_.. This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites), 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/1 00 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 .+'" ,,~,_._~,-,-"" -, -_.-.,._----._~~ Agenda Item No. 10B December 1, 2009 Page 7 of 149 mortgage or other security interest, thiS lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the oflicial records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1, 2009 Page 8 of 149 BY: -,..," / Samuel J. President WITNESSES: ~.- Pri ame: J\h::K \<Ou.1,;hey4S '-'. STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3' day of Oc. t- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced identific tion. [NOTA~{..S&M,J", "", ~.TRcJ. "~.I. ~ Of:(\....... 0 ~ ~' v ...~"l -.. ~ .:' .",'r- .~'II~. ~ ~ ~ .:0 ~'\-~~,~ ~ ~'$ ~:;}:~ ~~'~~~":,'O: Qi _cr:. ....t:S ..fC'r...~ ._.... - . .... ,.. ~....~ . U;C 'So.. ~'\..."~<)~ ~o:o '::o~. '("'"~'l)' _"......~ .- . ~ ''\'V.I..~!'tt ~ _. n'J_" *' '- . '",,<lo;';.... ...... ...... 0"" " , '~ STA~ ,\\\' r""'ml,,l\\\ Signature of Notary Public il\lurmC\ L T- Print Name of Notary Public Approved as to form and legal sufficiency: . Recommended Approval: f~ Colleen Greene Assistant County Attorney A cy Krumbi e Director - Housing and Human Services , / ~ ----J 3 -- ------- --,,_._-- Agenda Item No. 10B December 1, 2009 Page 9 of 149 EXHIBIT" A" LEGAL DESCRIPTION Lot I, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS I 0231 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fcc Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilitics System Impact Fec $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $14,591.26 4 Agenda Item No. 10B December 1, 2009 Page 10 of 149 p>.'- Return to Frank Ramsry IIlIS ,BOt E 1 amiami Trail Naples, FL 34112 File# 10-040-IF This spac(': for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this I" day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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; I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to tbe COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "8," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/100 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I .- ..,_.... "" ."" ~.....>~ .- ~'-"'~ ,"_'.00..___ Agenda Item NO.1 OB December 1, 2009 Page 11 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any OViI1er, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and .assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 Agenda Item No. 10B December 1, 2009 Page 12 of 149 BY:~ . S muel J. rso, M.D. President WITNESSES: ~~ Print Name: (\) leI(, \<O~f''''4S UUA---- - " STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (j.. 'is day of o"t ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identificatipn. /~,-~ [NOT ARIAh,:lli~L] ,\\\\ ""/ "" \,.ORA- 7"b "-.. ~'..... ...... 7.^ "'... ~_,~- .'1:p..RY' ','\.c.,....;c. ~~.'o "01- ~t:r:..~ ',\9'" $ -0' 'e,,,,:Q... :z: Co~~. 'l.O~G: = - . 1/.1 u.\~g, "~&' = :; . "'~ ~~~9~. :~:: ... .. ..\ v..... _.. ... . ,",0. ...._:!> .... \'-'!' ~~ ~ e.. PU9\":." {C~ ~ <.S\l'; ....... 'f"'O"'.... '..../",,-4re Of \\\\\" 1II1/1unll\\ tJcjf.ff2lA L T- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~o_ , Colleen Greene Assistant County Attorney ~ -f a y Krumbine Director - Housing and Human Services ._- 3 --._-~ , ~--'."-- Agenda Item NO.1 OB December 1, 2009 Page 13 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lo12, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10235 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fec $862.50 E. Regional Parks Impact Fee $1,907,85 F. Educational Facilities System Impact Fee $3,343,68 G, Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 $3,495.00 J. Sewer Impacl Fee TOT AL IMP ACT FEES $14,591.26 4 Agenda Item NO.1 08 December 1, 2009 Page 14 of 149 Return to Frank Ramsey HHS Jj{J1 t lamiaml Traii Naples, FL 34112 File# 10-041-IF This spftr~ for reco"dinz LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -- This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is. Fourteen Thousand Five Hundred Ninety One and 2611 00 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 ..- ...,._"~_._,---- .--- .._---.......-.-.- ----._-,_._--" -"-'--"~'--~ Agenda Item NO.1 08 December 1, 2009 Page 15 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any ovmer, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 COlJNTY shall be entitled to relOover all fees and costs, including attorney's fee and costs, incurred by the COlJNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 Agenda Item No. 10B December 1, 2009 Page 16 of 149 ,'~~ DEVELOPER: Hab~or Hum~ of Collier County, Inc. /. '":c?':' ~& // ,>~:::~~ ///~p/ f'~:Z- /,. Samuel J. D so, M.D. pr~C)ident BY: WI1NESSES: Print Name: N Ie\<.. I<Cl!A.C;"ey'4S ,- STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this d... 3 day of Oel- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. A [NOTARI~~)\'fc'I"_,_, ", "- \..011-'1....." ,,"~f.....II, ,~"',. .i~ .t.~OTA.q)".7..A\ '='0" ~ '.~:"lI' ~ . .-Ii. g .?::. My Comm. Explr.. .: 0 ~ :: : August 29. 2010 : S ~ No.D059lt336.. 0::. ,. .~ ~ II. .. ',:d':l.. '. PU'8\.:~"~ ~ '~,.:...... ~~ "-,,; <: OF f\.: ~ 11'"""...._ ~ (11r/1~ L T- Print ame of Notary Public Approved as to form and legal sufficiency: Recommended Approval: )kefhJJ Colleen Greene Assistant County Attorney .JL , --' rcy Krumbine irector - Housing and Human Services ",,,-,. 3 ..u_ .. _. '~'_.'~'._~ - --",..,"--,-~_..,.. Agenda Item NO.1 OB December 1, 2009 Page 17 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 3, Regal Acres, according to thc plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10239 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862,50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 $482.59 G. Government Building Impact Fee H, Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 $3,495,00 J. Sewer Impact Fee TOTAL IMPACT FEES $14,591.26 4 Agenda Item No. 10B December 1, 2009 Page 18 of 149 Return to Frank Ramsey HilS 3301 E Tamiami Trail Naples, FL 34112 File# 10-042-IF This space fur recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -- This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in "Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/100 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I Agenda Item NO.1 06 December 1, 2009 Page 19 of 149 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 complction of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1, 2009 Page 20 of 149 DEVELOPER: Hab' H anjty1iU'ollier County, Inc. r: ..r '-' BY:~ ~~~/ " Samuel J. DuIJ<<M.D. President WITNESSES: ~~~K \<()u.~\--eY45 ~ ,_.. STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this d.. 3 day ofOc..{- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced a identification. ~ [NOTARTAT~FAL] "\\t'rm'iii,, ~",\ \..ORA...7':""',- ......_'t!.;.""-- ..... h ~ .:- ~,1"-"'~"Ry..'-T,,^~ ~~ hO '.'v~ .... ~-.~ . o. ::: . .. :;0: E \res. \ :~: '-''I carom. ;,Q: : - .. A..",US\ 29, ... = ~ ,...." 00 590'3'3&: J1 ~ . No. '~Il "\ '.. 1rD.\".\C1..'i'$ "';0: \9...... PY""..' O~,,) ',o:'"jf .... t' ~..... "',,'" 'rE OF f' \\\\'li 111'1"'fll"\'~ 7 'd:; nature of Notary Public NM<71(A. L- r Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: .~ Colleen Greene Assistant County Attorney , ~ ~ arcy Krumbine Director - Housing and Human Services -- 3 '-'-~- "" ... ~~"'--"'.- ..------"" Agenda Item NO.1 OB December 1, 2009 Page 21 of 149 EXHIBIT "A" LEl;AL UESClUPTlON Lot 4, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10243 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424,14 D, Community Parks Impact Fee $862.50 E. Regional Parks Impact Fce $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $14,591.26 4 Agenda Item NO.1 DB December 1 , 2009 Page 22 of 149 Return to frank Ramsey HHS 3301 E Tamiami Trail Naples,FL34112 File# 10-043-IF Thl5 space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectivcly 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/1 00 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise ,~~ conveyed from, Except as provided by law, regardless of any foreclosure on the first I .- _ ~_'>_T_'._"__'" ,.." . -----~_._- '"w.'.__...__..,._ --,...--. Agenda Item NO.1 OB December 1, 2009 Page 23 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes, 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services, If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8, This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest 9, This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, A \test: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/0112009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1, 2009 Page 24 of 149 BY: /. , WITNESSES: Print Name: ('('licK ~<C)u..Io~I"""45 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this a. 3 day of OcJ- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. [NO~~~~.,.~J" ,..._","~ ...... -'9: ~ ~~-!-tO"fARy... ~-:. ~~-.~ . v<:. $0': . "Oi = ~. My camm. Expnes -: :: = : August 29, 2010: i ~ ': No 00 59033&: $- -- ... .- ... . ^... '="'. r. .. C'><I ;:; ~ d\....... pue\..~:-'~~'" ',.;;,., ..... O~T~ "",7?'1! OF ~\,;\\\'\' 1111""111\\\\\ -. /~#U Signature of Notary f\J eN /l1a G rY- - T;d (0 Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~ Colleen Greene Assistant County Attorney , ~ . arcy Krumbine Director - Housing and Human Services .- 3 -- -, ,- ~,~., ._._~,---.<.,.,,--_. .- "'..-.-.-' Agenda Item NO.1 06 December 1, 2009 Page 25 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 5, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10247 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H, Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOT AL IMPACT FEES $14,591.26 4 Agenda Item No. 10B December 1, 2009 Page 26 of 149 Return to Frank Ramsey HHS 3301 E Tamiami ]'rail Naples, FL 34112 }'i1c# 10-044-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ,._~. This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc," (DEVELOPER) 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: I. 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 ofthe dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/100 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this. Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ,-- ............_-~..., ". ._'.' ;' "_'_'__h',,~, _.._-......- - ~-""--" ,,,. , Agenda Item NO.1 OB December 1. 2009 Page 27 of 149 mortgage or other security interest: this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 bc 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subj ect matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COG'NTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/0112009 DONNA FIALA, Chairman 2 Agenda Item No. 10B December 1, 2009 Page 28 of 149 BY: , Samuel J. Dur President WITNESSES: ------ - Print Name: J\) Ie\<- ~<'Clu. \nhen:i.5 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of Ck.t- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., 1"ho is personally known to me or has produced as.: entification. ///, / ~ /;,Kf#~ /f//H Si ature of Notary Public [NOTARIAL SEAL] \\,\\1111 1 UIIIII ",,\'1' LORA.. ~"'~'- ,~ ...... '...t\ ~ ~~ .~~oiA.q~..;T(<'~ '0. '\"'" . .-'" , . . -- ~ -~. 0'" ~ : My Comm. Expires ~ 5, = : August 29, 2010: S -; .. No. DO 590338': S -:. . .-;:- ~. C . ^,... ~c.P~... PUB\..'...~v$ ',0, ..,.,..:.,.... oy~.:o ",,; 1::- OF f\": ,\\\~ Illt""II'I'\' Approved as to form and legal sufficiency: !\JO{~ L T Print Name of Notary Public Recommended Approval: ~ Colleen Greene Assistant County Attorney ^ ~ J arc Krumbine Director - Housing and Human Services ,""-' 3 -----""-_.."~.__._-,, ' - ,,'.. r _,_." "'0', ..~__._...~.._~ ,. -,~~ - --.~,.-." , Agenda Item No.1 OB December 1. 2009 Page 29 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 6, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10251 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 $3,343,68 F. Educational Facilities System Impact Fee G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 1. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOT AL IMP ACT FEES $14,591.26 4 Agenda Item No. 10B December 1, 2009 Page 30 of 149 Return to Frank Ramsey HHS 3301 E Tamlaml Trail Naples, FL 34112 Flle# 10-04S-IF This spaCt for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS .--- This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites), 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling Imits are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/1 00 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I - _.- , ... ,~,~._- -.-.._.._-- -_.-.. Agenda Item NO.1 OB December 1. 2009 Page 31 of 149 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 thc satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil ac.tion 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the C01JNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above "'Titten. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item NO.1 OB December 1, 2009 Page 32 of 149 of Collier County, Inc. / ----- WITNESSES: Print Name: J\J \CK \<(ju.Io~ey4S Pc" ~ - STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (j.., 8 day of Oc.t ) 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as id ntification. /.. ,pr/ [NOTARIAL SEAL] \"UUUII,,,,, ", LOR "- ...,'" h-- -4..").. '....". ... _',.T- ..... , L\. ..,., ,$' g;..~~....~o-rAIi ~..;~ ~ ::0. '"'" . v~ ~ . . - g ~: My comm. E.xpires : 0 E ;: . AuQu.t29,2010. :; :; :. tic, 00 590338': f -::. . .-~ ~. ro. . t:J' 0-. ~ .p~.".':~!l~~:'" ~""~ ~.Zhlo Oil ,\.~\\\ ";;'Ult1\"\\' -7 /1 ~ S' nature of Notary Public -l'\J 0 (IY\CA Print Name of Notary Public CT_ Approved as to form and legal sufficiency: Recommended Approval: ^ ^-.. - () Colleen Green Assistant County Attorney y Krumbine Director - Housing and Human Services - 3 .,.----.......,.;. ....------ ---,.." ..~". Agenda Item No. 10B December 1, 2009 Page 33 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 7, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10255 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190,61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 $3,343.68 F. Educational Facilities System Impact Fee G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 L Water Impact Fec $3,575.00 1. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Agenda Item No. 10B December 1, 2009 Page 34 of 149 Return to Frank Ramsey HIlS J3011; Tamiami Trail Naples, FL 34112 File# 10-046-IF This $pace for retording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this I" day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/1 00 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ... -"-- ~_.---'- '--^"'--'-' '_.-.- - - "~~- Agenda Item NO.1 08 December 1, 2009 Page 35 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties, 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1. 2009 Page 36 of 149 ,-"- BY; amuel J. D President WITNESSES: ~ Print Name: J\) \CK ~<C)u..\o~(-,,("45 ~'" STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of Cc..t- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., \"ho is personally known to me or has produced as identification. /-.- P/ ~ -::/#pp- ~~ "'.~ " SIgnature of Notary Public [NOTARIAL SEAL] \\\\UIIIU",I. ,,\\\\ ~ LOA "''';.1; ,..../)...~ .......~..l-. "'I: ~O' -.'l-\OTA,ql!.. ~ ":o~ ~~... '.~-~ ... . --- = : My Comm, Expires' 0 = ; : August 29. 2010: :: - . N 00 .- -: . o. 590338' ;: '=' . " ... ... (j')' . - ~ ~~~~~~e.le\~" *,~.f "'"f~ OF FLO~\..,~ "'11'111''''\\ MI,7lt< - . Print Name of Notary Public 1- 'T Approved as to form and legal sufficiency: Recommended Approval: t~~ , Colleen Greene Assistant County Attorney , a cy Krumbin Director - Housing and Human Services ~--P ,- 3 -""._~._ -, w_.__~,_,_,_ _ ..... .,,____~,.....w_ _ '-."" ..........,..-- Agenda Item NO.1 OB December 1, 2009 Page 37 of 149 EXHIBIT .. A" LRGAL DESCRIPTION Lot 8, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10259 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fec $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 1. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOT AL IMP ACT FEES $14,591.26 4 Agenda Item No. 10B December 1, 2009 Page 38 of 149 Rdm"!lto Frank Rams~y HHS 3301 E Tamlami TraIl Naples. FL 34112 File# 10-047-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS "." This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc," (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for thc dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 26/100 Dollars ($14,591.26). 5. The deferred impact fees shall be a lien on the property dcscribed in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. TIle deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ~"", .....- ~'-'--"-'~- "- '~'''--_'''._'_'_.,..,.~ , ......,-~~ ----.- - --"'--'-.. Agenda Item NO.1 OB December 1, 2009 Page 39 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and asse.ssment 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: - , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 Agenda Item NO.1 OB December 1, 2009 Page 40 of 149 DEVELOPER: Habitat ollier County, Inc. WITNESSES: PrintName: . ..~~ - STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of ex..{- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., wbo is personally known to me or has produced as identification. [NOTARIAI,\~~ltll :!rl."'\..Il~ lOll ""'II': ~ ^-\"!' ~.... AI ,~ ~O.~..:\OTA" ')- ~ .:'..X':. ,.. 111~. '"'^ ~ ~,' r.-y' ... : .~;;. =- . MYCornm ~ ~ c.,..':. :: . Au . r=xP;res' 0= is : gust 29, 2010: .: ; ... No. Do 590338 :' g -:.~. .0 .- ~ ~."'V...,.:...l.J8L\C..'^~ S -"i;~(;:-- ...... ~v"... 'i", OF FLO~\,\,' """lIn1l"\ IV NIYl?< C. T- . Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~~ , Colleen Greene Assistant County Attorney ~ , -J arcy Krumbine Director - Housing and Human Services ,.,'- 3 ._._-- _ _._.___,....,....- __...~_'" ___~_.__,_..._._.'m__..____",_~, -""'._. - """ Agenda Item NO.1 OB December 1, 2009 Page 41 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 9, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10263 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $14,591.26 4 Agenda Item No. 10B December 1, 2009 Page 42 of 149 Return tu Frank RlI.w!f~Y HHS 3301 .l l'amiami Trail Naples,FL34112 File# 10-048-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS .- This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "Tbe 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/100 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ~ ---. Agenda Item NO.1 08 December 1, 2009 Page 43 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY, IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 ,-.. ..~...,;.._--.",..,-" Agenda Item NO.1 OB December 1, 2009 Page 44 of 149 DEVELOPER: Habita~Ii.uI!W]~t:-Collier County, Inc. , / ~/~'/' ..' /~ ~'0!f;::' BY: / /?~ /,:/'-" -;:?' .samuel J. Dur ,M. . Presioent WITNESSES: ~~e:N-~~K \<()(.dn~eY45 ~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of (x+ ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as ipentification. )./' /././ y~~ //~ Si nature of Notary Pu lic [NOT ARIA~\~liri\-it~, ",\\\ ~ LOA: I"",," ~"'n..~ .......Al...)'>, ~ $O....-..~OTA.qj.!. ~ ~ ....._os:.. .'~~ ':-00:;:-. .". '" ... . . """.. ~ . MyC .- =. amm, Expires. 0 :: = : August 29,2010: : 'S ~ No. DO 590338: S ~ . . ~ ~ c.P. .... ~ ~..,...j)lJaL.\C ...~'f'.f -:", ?)f.......~'\.~~ ""I, OF FLO,\,\\: "ll1nul\\\\ 4' IV" 1'Yl<-<. i ,7_ Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: '()R~ - Colleen Greene Assistant County Attorney . --..-( rcy Krumbine Dircctor - Housing and Human Services ,-." 3 "'--'~' ,.._.......~-,. Agenda Item NO.1 06 December 1, 2009 Page 45 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 10, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive. of the Public Records of Collier County, Florida STREET ADDRESS 10267 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $48259 H. Law Enforcement Impact Fec $193.83 L Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 4 Agenda Item NO.1 OB December 1, 2009 Page 46 of 149 Return to Frank Ramsey HHS .BOt E Tamiami Trail ~aples. FL 34112 File# 10-049-U' This ~pnce for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 Collicr 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 261100 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliancc with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the pub lie records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise ,--- conveyed from. Except as provided by law, regardless of any foreclosure on the first I '_"""M.~..._,,,.~_._.._ ,..,'.__ Agenda Item NO.1 08 December 1, 2009 Page 47 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any ovvner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. G, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien, 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect tbe impact fee amount in default and assessment 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest, 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY, IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: ~ - Agenda Item No. 106 December 1, 2009 Page 48 of 149 DEVELOPER: HabiglJOr HI!JI! . // / Collier County, Inc. / BY: /Sa 'uel J. D President WITNESSES: .....--~" Print Name: N \C:K \<C)U.G~(,Y45 P' ,- STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of OcA, ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is [lersonally known to me or has produced as identificatio,;. ~/ [NOTARlAL ~F.AT.l \\\TfT"lJ'J)t't ~,~\'~'\'ltA 1..011,,.,,t>. , o.'r" .... '.to. II': ~_....... ...NOJ':..;T-9, " .:: ~. JlI.L'lo. ~ \.~~ .... .71. '" ... ::: . I~ -. o<t\~ - . 'If' . ~_.... _ . rco~ .",," :e . -1u: "'111 Ex. . ,..: E : M glJ1t29 7Jir,,: c....; :: ~ ':. 0, OD 5 J 2010 : 0 l ";A -. A. 90338. :: ''Y .-V: .:: ~,~ '..~lIC...':' ,$ ~ 0 .,. C'\r~ ""'1. f:' F'LO'E'"\"";\'\.~ 1IIIIIIUln"\ /Vo (/N~ [ T Print Name of Notary Public Approved as to fonn and legal sufficiency: Recommended Approval: .~ Colleen Greene Assistant County Attorney c L- D arcy Krumbine Director - Housing and Human Services \ -,-.- 3 ~""'---><'''-~'''-' --"......._----_. Agenda Item NO.1 OB December 1, 2009 Page 49 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 11, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10271 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $19061 C. Library Impact Fee $424.14 D, Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 $482,59 G. Government Building Impact Fee H. Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $14,591.26 4 Agenda Item No 10B December 1, 2009 Page 50 of 149 Return to Frank Ramsey HilS JJUl ''': Jamlaml Trail Naples, FL 34112 File# 10-OSO-IF T:li.:, :5pilCe for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to tbe COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26Ll 00 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ._- -""'--~'-~'--- Agenda Item NO.1 08 December 1, 2009 Page 51 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8, This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1, 2009 Page 52 of 149 .._ollier County, Inc. WITNESSES: 1'45 - STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of Oe-t- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. /,/ //~ [NOT~\M.,~~] "", t'- LORA.. ':""" ~~ ....... '.Jt\', $'9:' .t.~o'TAR;..;r~-::, ~O.~ .t.o"~ - .. .. - ...~.. . -0'" :: : lAy Comm, Expues.. ~ ~ : AugulIt29,2010: = i .. No. 00 590338: S 1jji .. .. ... .,., .. "~.:o ~lJ'l...".. PUB\..\~..S$" iI"~";fx.....' O~,.~ ~"I;.t::- OF ~\,.: ""... II",U""'\\\ S' lV(hJ?~{ (- r Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Appro al: jl~W0.-z Colleen Greene Assistant County Attorney i arcy Krumbine Director - Housing and Human Services L o - 3 ,......_-,,, ........,,"..-......- Agenda Item No. 10B December 1, 2009 Page 53 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 12, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10275 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fcc $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $14,591.26 4 Agenda Item NO.1 OB December 1 , 2009 Page 54 of 149 Return to Frank Ramsey rillS jjOl E Tamiami Trail Naplesl FL 34112 File# 10-051- IF Thi5 ;;paet: for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -- This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "111e 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13.981.67), 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County, The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ~ .--- "'--"-_._-_.-'.--' Agenda Item NO.1 08 December 1, 2009 Page 55 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk Bv: 12/01/2009 , DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1, 2009 Page 56 of 149 BY: o~Collier County, Inc. . WI1NESSES: ~-_.... Print Name: J\) \CK \<Clu.Io~f'Y'45 -, STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this i).. '3 day of Oc{- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced _ as id~ntification. . /., //..,7. [NOTARIAL SEAL) \\\,"Itlll III, ...,,\\\ Jlo. LOA..q ""J',f. ~ ~ ..... ")0"... $"O~..\-\OTA,q}!..~ \ ~~. .~.. ::: . . v" - . . - == .. My Comm. Expires. 0 = - Au . - = : gust 29, 2010. = - u . .... 1. a.. 11Q, OD 590338: : .. . - 'ili:l1\..- .-!f'':- ~"::r~~~I.,\~~~\1" "i,"" OF pI,; ,,+ ""11"""",,\\ " nature of Notary Public ~ NOfd7C< {. t Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~ Colleen Greene Assistant County Attorney ...Q .Marcy Krumbine Director - Housing and Human Services ....- 3 ~".,.. l _.~..._,..__ Agenda Item NO.1 OB December 1, 2009 Page 57 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 13, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS ] 0279 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee S190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 1. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Agenda Item No. 10B December 1, 2009 Page 58 of 149 Return to Frank Ramsey HHS 3301 E Tamillmi Trail Naples, FL 34112 File# 10-OS2-IF Thili space for recol'ding LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS .~,.. This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are. duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13,981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I - ._ ..~".e__ .,,~. .,.~~_'. '----'- " '^"--- ,"'"....-,..-,,-...-...-,.,...- --.,------,.-- --',--,._..---,' Agenda Item No. 10B December 1, 2009 Page 59 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (l0%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Pm1ies have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 Agenda Item No.1 OB December 1, 2009 Page 60 of 149 DEVELOPER: Habitat for BY: amuel J. Durso President WITNESSES: ~ Print Name: J\) Ie\<.- \<Clu. (;heY45 - -,- STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of 0.:+ ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ~ ' [NOTARIAL SEAL] \\\11111"*1#1 ~,\\\ ~ LO}:f: ./{., S-'n..~ ....... 4.. .:'~ ol'O~'-..t\OTA.l!l.. r "';' ~~.. ~ '-'Jr" "'9:...... ~"""'".. .. {\\o:.. ~ . u C . (.oo-~ .. . my omm E . . - = . Au . XPIrGS. 0= : : gust 29, 2010: = -= .. ' No. DO 590338 .. : ........ .. ~ ''''''10... ^ . ~ ""'- .. ""/Ie r". .. _ S' ":r.-?>-.!'v L\;,,'. _'.:' ""I :_t:~ ..... ~v ,'" "'" OF F\..O~\\''''' ///"'111111"'\ / /",~.7.~ Si ature of Notary Public ) IV ? /4-W- Print Name of Notary Public c. r- Approved as to form and legal sufficiency: Recommended Approval: t~~o . Colleen Greene Assistant County Attorney , ......P a y Krumbine Director - Housing and Human Services -- 3 " '_"'''__^__W_''~_''_ ',..._, ""'''>--~, ,~""._,-,.~, , ,-_.'~ ~ .-. Agenda Item NO.1 08 December 1 , 2009 Page 61 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 14, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive. of the Public Records of Collier County. Florida STREET ADDRESS 10283 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN. Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B, Correctional Facilities Impact Fee $190.61 C. Library Impact Fec $424,14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298,26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Agenda Item NO.1 OB December 1, 2009 Page 62 of 149 ._. Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL34112 FiJe# 10-053-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this I" day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/1 00 Dollars ($13,981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I -'--------. ------- ,---- Agenda Item NO.1 OB December 1, 2009 Page 63 of 149 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 docwnentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 maximwn statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, docwnented and kept on file at the office of Housing and Hwnan Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of thc 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, Clcrk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA , Deputy Clerk By: 12/01/2009 DONNA FIALA. Chairman By: 2 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this (j.. 'is day of Oc. -\- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. /7.. ? ~} /~/c"/.4!rf ./~"" S~ature of otary Public rc 'Krumbine irector - Housing and Human Services ,.,... DEVELOPER: Habitat for Humanity of Collier County, Inc. BY: WITNESSES: Print Name:.f\) \cK \<ou...loht'Y<Q .-. [NOT~~"Il1;;AL] '\\\\ "'.' "" .." LOI'! "'" ..'~ d\"'l' ...... -<1 '.r. ,- 0.' ~ et\OTA e. ~r ...~ .s"..:::!i:. .' \'" ,t/fl~. "'^ 0:- ,~. r ..~ ~ :: .. .~~ = . MYComm E . .. f"..o~ = : AlIgUit 29' 2KPfreS: 0 :; - . N ' 010. ... -; e, O.OD59033 : S .... (f) . 8.... .... :>-. .Q . ~ -;.,~...,...'..!-,euq..'_"'.$ ..,,,.~ .... ~v .... "'~II OF FLO't'-\\\\...... 1111I111I1n\\\ /(Y/l1.tA r'l _ Pri t Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~ Colleen Greene Assistant County Attorney _. Agenda Item NO.1 08 December 1, 2009 Page 64 of 149 -r 3 Agenda Item NO.1 OB December 1, 2009 Page 65 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 15, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10287 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP A.CT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D, Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Agenda Item No. 10B December 1 , 2009 Page 66 of 149 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples,FL34112 File# 10-054-IF 1 his space till'" recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier COlU1ty Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance ofthe certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "8," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($)3,981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 - -' -~.._--,- _._-~_.."-_.- -.'.."'"_....''' .".,--- .',--.- .".~- Agenda Item NO.1 08 December 1, 2009 Page 67 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER' S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 _.._--_.._~ Agenda Item NO.1 OB December 1, 2009 Page 68 of 149 .._, BY: amuel J. Dur .D. Pre~ich~!1t WITNESSES: ~~ - Print Name: lcK ~<C)C-\.lol-.(-'Y45 , 0_ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ().. 3 day of Oc+ ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced ~ identification. /)/0~n ~ 0 Si nature of Notary Public [NOTARIAL SEAL] 'l",uI f"'3, ..0\'" c'p ,~" ,"... L.A..,.,'" ......"'~"-r.. ........... (~'... .-:,." Q;-~~.~o-rp.A y8.~T~..': :-0 .. ~ . V' ~">.... '~ ... C : '" .. U Comm. Exr)lt~5 .. , . i'tlY o.r. .. : : ,~gu~t 29, I.. ,,, : '. t1o. OD 590338 : .. . ~. .. ~ ...,...,,' , ". -~lJa\..\:'..'o.~' - ., .. ~.. ,... ':. - \\\ ,llll'~, "I" ...,,\\.\ I>- LOR.... "'''~ ... ..tI. ...........,.. ').. ..... S- ~~'."OTA.q'..F-^-:. "'O,~ r..~~ .... .. ,'- .. ..._":!loO. . "," ....'""". . - a : My Corom, Expires ~ 0 E = : August 29, 2010: .: ~ N - 'S ... 0.00590338: ~ .. .. . ~ 0:..,.... ._'" ~....~ ....'Oua\..\~.. Q',$" "II. "'1:,..;:"b,....' R'o"'~'" ~";f.f:.'" OF p\"O ,\...\~ ~11""l'I\"'\ JJdQJ1a l r Print Name of Notary Public ",1:":'. Approved as to form and legal sufficiency: Recommended Approval: .Jdw O-t.......O " Colleen Greene Assistant County Attorney )~'\ . c.- arey Krumbine Director - Housing and Human Services .....P ... 3 ---".__.~,_.~_.." , ..."'~ -.- """'_...~..~._......-- "._"..'--""..,.. '.......~._,o.. ..,....'_.._.~- Agenda Item NO.1 08 December 1, 2009 Page 69 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 16, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10291 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190,61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F, Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 1. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Agenda Item NO.1 08 December 1, 2009 Page 70 of 149 Return to Frank Ramsey HilS jjU! L Tamiami Trail Naples. FL 34112 File# 10-055-IF This space for t&..on:Iing LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ."- This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Par1ies." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the salc of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/1 00 Dollars ($13,981.67), 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ,- . ._-~--~.~.,~,_. ....-. ".... ..... "".......--~~.. . -'.'-,'--'-~"-' .... , Agenda Item No 108 December 1, 2009 Page 71 of 149 mortgage or other security interest, this lien shall othen".ise 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 allY lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 COIJNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8, This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY, IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COlJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 1 2/0 1/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1 , 2009 Page 72 of 149 BY: WITNESSES: ~ ~,...--~ --'-- Print Name: (\) \C~ K6u.. \o~(-'Y45 <" - STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this a. '6 day of 0':.:\- ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. /______.-;7 A>::: [NOTARIAL SEAL] ",'lUlU"I, \\\ ill "" \...ORA~..,.. :.0"'" ",~~ .~.:R.y...-9~"'-:. .:- .o1'~ .. v ~ ....~ 't..'\' . O' ~'"<" ...... .:::. "0" c...n\teS - ::. -. t'I\ >;;."" . .... :2: \I..,cotn i9,1Q\O: :: -; ':. ~qu'\ ~QQ,!'!6: = ~ . ",'0,00 ..~~ ~ *' ro.,~... ~ ., pue\.\'i" (If> ~ 91; ~".....lI~\..O..,!/l -.,"'.if rc 01' T "", '11,,"U II 11\\\\ 11 ),1 {/nO- - Print Name of Notary Public ["T' ~-' - Approved as to form and legal sufficiency: Recommended Approval: f.JJI 2.aw)!rWJu. 1L. Colleen Greene Assistant County Attorney .... --" arcy Krumbine Director - Housing and Human Services ~. 3 ."...-- ... ~~"~.-"- .. ,. .~,---.~-_.., ,- ,",'-""- ,.~, ~.'.., Agenda Item No.1 OB December 1 , 2009 Page 73 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 17, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS ]0295 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343,68 G, Government Building Impact Fec $482.59 H. Law Enforcement Impact Fee $] 93.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495,00 TOTAL IMPACT FEES $13,981.67 4 Agenda Item No. 10B December 1, 2009 Page 74 of 149 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 10-056-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 v..ith 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of' the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 261100 Dollars ($14.591.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with tbe Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise ~-~ conveyed from. Except as provided by law, regardless of any foreclosure on the first I '-_. .,,,,,,,--_., -,,~ -,-,,"'~-~ - -.-..---..---.--.." __ __""n.___. Agenda Item NO.1 OB December 1, 2009 Page 75 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1 , 2009 Page 76 of 149 DEVELOPER: Habitat for Humanity ofSollier County, Inc. 7/ . @;; % $ainuel J. Durso Pre~ident BY: WITNESSES: ~~ Print Name: d<. \<ou. Qey4S - STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ~ 3 day of CX,+ ) 2009, by Samuel J. Durso, MD. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced .. J / :0~ification. , .. [NOTARIAL SEAL] . '4r~ ~?' /~ 'gnature of Notary Public \\\11118""1',/ ......."\\ oRA- i Iy "......" :0..' 'v ...... ~.I ~ , . flY . ~ ~ .:- ~.......p... '. O~ ~~."o' ',-;' ~ Q; : ~ ~,:f.V\\0S,,-= :0: ~\t'. '1.\)'~: = ~ z: \l.~,~..\ t~~~~~ : <( E _ .. I"" f'\\) . Q.. -::: . "'\C' V C;,~~ ,. . "" 'Ii:' ="" s ~ ". pU~,,:.' O...~ ~..-. ~.:........~ t;:V:,,'''' "'''' 1"jII re O~ ...,,,,. '" r'1 ." IIIUIIH,,1 Approved as to form and legal sufficiency: IV:) I/J;'CA- t... r; Print Name of Notary Public Recommended Approval: ~~ Colleen Greene Assistant County Attorney .~ < ar Krumbine Director - Housing and Human Services --P ',-- 3 -.-.,....,.,--.....-"..--,..,- ... -"......-.'-. ...~.~. '" ,-..---. ----,.-.-...---,' Agenda Item No. 10B December 1, 2009 Page 77 of 149 EXHIBIT" A" LEGAL DESCRIPTION Lot 18, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10299 Kingdom Court, Naples, Florida 34114 EXHIBIT "Bn IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $14,591.26 4 Agenda Item NO.1 OB December 1, 2009 Page 78 of 149 Return to Frank Ramsey 1II1S jjOl .E l'amlami frail Naples, FL 34112 '(iile# 10-057-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS .-. This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13,981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites), The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ,,_. -'-'-_..',~_.-.."-. -~..~ . , -~...'.." '~"'-""._---"'-'- '"'^OR ----..-.--- Agenda Item NO.1 08 December 1, 2009 Page 79 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6, Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien, 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties, 8, This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ().. '6 day of Oc-~ ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. [NOTARIAL SEAL] /~.?; y ?~ S'gilature of Notary Public .- . Collier County, Inc. /' BY: 'Samuel J. Dur 0, M.D. Presid,.nt WITNESSES: '("4.5 _. ,\"'UIII",,, ,\ I, ,,\\ \..ORA- it( ........... ''''''!r' ..-RY... ~v''''~ $_'t' ..o~"" -. 0'-" ... ~~.....' .... ....~ .. ~ .;r IJ: . e...n\te'!.... -0. 1;....,. t\. - =- . co~ro. ~!j\\l. = =z. \1.1 .'~~' ftft,. = - . nU:'\ ^t'I;oiI",n.._= " . "". ,,~... .~- ... . ,,\^ -..;'J . _... ~ .. ~...' r"., ~~ ". \. ,..... h;,. ... ~ -. PUe:......O"'ol' .. '. . ., r,-,: ~): ..... ~"''!t....... ifol"1: ~ iE Of \\", 1Il"fIIIIl"" Approved as to form and legal sufficiency: )J O(r'JZU-- 1. 'f. Print Name of Notary Public Recommended Appr val: " ~--f. J:fu20J - Colleen Greene Assistant County Attorney rc Krumbine Director - Housing and Human Services - Agenda Item NO.1 OB December 1, 2009 Page 80 of 149 3 '-~'-'~-----"""-"-- ,.---- . "....,~-,- -"---,~--"-'-' ,._~,.,.,.__. Agenda Item No. 10B December 1. 2009 Page 81 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 19, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10303 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D, Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 L Water Impact Fee $3,575.00 .I. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $13,981.67 4 Agenda Item No. 10B December 1, 2009 Page 82 of 149 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 File# 10-058-IF This space fOf recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I, 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred, As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13,981.67). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise '-" conveyed from. Except as provided by law, regardless of any foreclosure on the first I ^.,,- .---~.- -~_._.," ',....,--.-- -....'. ..,- ".~.- Agenda Item NO.1 OB December 1, 2009 Page 83 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien, 7. In the event tbe DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforc.e this Agreement, or declare tbat 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: .., , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 Agenda Item No. 10B December 1, 2009 Page 84 of 149 "-"" DEVELOPER: Habitat for Hum SJIl'nuel J. Durs President BY: WITNESSES: -~.~-'-. - Print Name:. cK 1'45 -", STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ()... '3 day of Oe-+. ) 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as i en 'fication. /' ~d . . 0'j [NOTARIAL SEAL] ",\'1""""'" ,...,,\\ \..ORA..1. "",'- $~""~..--i,tR.Y..:?~;'~ ~,::s"-~o . 0" ,,::-...., .... ~O" e1.9\\e' ~ :. :2: ~~co<<,\1\i'a."()'\(): :: = .. ~~\1t.\ li90'!ll$: : -; ... t\Q,otl ..JS ~.. '~\.f.J.. ~ $" ~~ .n-'. PU'9,.- 0"'-1' "'io...u'J". ..... ~\,..: ......' "",14 IE; Of 'f",\,-'''' 1""111111\\\ !l)(1(',J1(f t 1 Print Name of NotarY Public Approved as to form and legal sufficiency: Recommended Approval: t2.v-~ Colleen Greene "'- Assistant County Attorney ~--' arcy Krumbine Director - Housing and Human Services - 3 ." __~m.____'., _ - -' ,., ~,-, -,_._---,~._-,-~~...,- ,.__.'.n__ Agenda Item NO.1 OB December 1, 2009 Page 85 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 20, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10307 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impaet Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,298.26 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $ I 93.83 I. Water Impact Fee $3,575.00 1. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Agenda Item No. 10B December 1, 2009 Page 86 of 149 ,-'... Rdurnto Frank Ramsey HHS 3301 E Tamiami Trail Naple.. FL 34112 File# 10-023-IF This space for recoftllilg LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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, kno"'TI 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars (j15,246.26). 5, The deferred impact fees shall be a lien on the property dcscribed in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 --.-.---., "-- "'._.,._---,' - Agenda Item NO.1 OB December 1, 2009 Page 87 of 149 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 wjth any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1, 2009 Page 88 of 149 WITN-:ESSES: DEVELOPER: Habitat for H County, Inc "?7y~ PriniName: .J:1h'Lk kDlJ. ~" BY: ,/ . , Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this I f, day of 0 c- {- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ~ ,-'- [NOT~' ] ~ ;J>-~?.....;.~~~ . 1~....",OT4-f>""~\ ~ ... } .. .A\ ..... .-.-,,- i l Mr COMAf. EXPIRES \ Y 5 ~ Jorrn.211ltJ : ii '! o. NO.00518!B5 1 J ~"'/Ju G" "1A,'" BL\.....,,'l'"; ~~" ........ ~v., O,:-"r.;;~ otary Public Approved as to form and legal sufficiency: Recommended Approval: Colleen Gree e Assistant County Attomey . . ,,- ."--- 3 _.,.__.._...n_ -.'...., M__'__.,...._ .-..-..",---. Agenda Item No.1 OB December 1 , 2009 Page 89 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 134, 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 3799 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 $7,725.00 G. Road Impact Fee H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193,83 TOTAL IMPACT FEES $15,246.26 4 Agenda Item No.1 OB December 1. 2009 Page 90 of 149 ,.'- Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 FiIe# 10-024- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -- This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collcctively 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "8," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/1 00 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I --'-'- __,-_ "... ,_ "M_'_'" _"h__~____,. Agenda Item NO.1 OB December 1, 2009 Page 91 of 149 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 necessarv documentation evidencinl! same. including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be innnediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9, This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/0112009 DONNA FIALA, Chairman 2 , ,-----. "', WITNESSES: Print Name: n::lS Prll1t Name: ee 'tWe..Vt-\ Agenda Item No. 10B December 1, 2009 Page 92 of 149 DEVELOPER: Habitat for H er County, Inc , . Durso, M.D. PresidenuCEO STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6 day of 0::. t- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is per~onally known to me or has produced as identification. - _. [NOTARIAL SEAL] MUD"'"" S)t>. H, Iit~~ . '>-~ ......... .~-^~ ~, .. 1A .....1(..... s:; ./~.o # J-.....~ ! : MY GOMM. EXPIRES: ! 5 : JULV'Z1.2Mtl : ! % \" No,005788BS l i 1; . I> (;.~- \,0>"..... UB\-'-.""sl '\ ~,.,:...._..., O<f- H "'h' ~ OF "" .,.;' "'" f'~~,. 11"''''''"1'''''''-' Approved as to form and legal sufficiency: , I' I I ~~ Colleen Greene Assistant County Attorney __"n" - Print Name of Notary Public Recommended Approval: . -.R M cy Krumbi e Director - Housing and Human Services 3 _',_. . .'.""'''"'0....',.,>' , '. '--,""".'~'---'-'" .-'" ,....~,.,-- - "'-. Agenda Item NO.1 08 December 1, 2009 Page 93 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 136, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Puhlic Records of Collier County, Florida STREET ADDRESS 3807 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 G. Road Impact Fee $3,343.68 $7,725.00 $482.59 F. Educational Facilities System Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 , 4 Agenda Item NO.1 OB December 1, 2009 Page 94 of 149 Return to Frank Ramsey HHS .l301 E Tamillmi Trail Naples, FL 34112 File# 10-025-IF Tbis spacr for rt<:ording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS _. This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Piuties." 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount ofthe impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 261100 Dollars ($15,246.26). 5, The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from, Except as provided by law, regardless of any foreclosure on the first 1 .- --.--- ----~---~".--- -, -_._.~,..---" ..._~._, "'~- _. Agenda Item NO.1 OB December 1, 2009 Page 95 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after ,,,,ritten notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 Agenda Item No.1 OB December 1, 2009 Page 96 of 149 WITNESSES: DEVELOPER: Habitat for H &~ Print Name: l\),'c..k. I<CJL<.ro1.iIe('~5 Print Namc: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6 day of (JC -I , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. Notary Public .- [NOTARIAL SEAL] ~"''''".'''''' ~.#~p.. H. H(,,""'!+, ''>-~'''''''....''''~'' I ~....::.o '\ AI? ;:"'~\ _~..""'""" ."9''& - . s = : MY COMM. EXPIRES ~ = - . .. - ! : JULV27.201D : 5 i ~ No,00578885 : ~ ~ .. .. ~ '\ <Jl;....-"U B\-' ':....~"'l ,~..,?i,..._.....O<P ,#' ~~", OF f\.' ,....'>$' 111'''''"1111'''''' Yo I A--NIJ 4- Jbrre/v- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: . ~. '" Colleen Greene Assistant County Attomey . .....e .- 3 _ .~__...,," _".~_O>'.~__' "-'~'_._-"-'- .._.,-,~--_....._- Agenda Item NO.1 08 December 1, 2009 Page 97 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 66, 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 3788 Justice Circle, 1rnmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 Ageoda Item NO.1 OB December 1, 2009 Page 98 of 149 Return to Frank Ramsey HHS 3301 E Tamiaml Trail Naples, l"L 34112 Filc# 10-026- IF This spllce for re~(tl'ding LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -- This Agreement is entered into this 1'[ day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 Agrecment is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15,2415.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from, Except as provided by law, regardless of any foreclosure on the first I '~'. -""_.- . - -.,--., ._~_.._,._-' "...."-,-~--,_...- -..-..- - Agenda Item NO.1 OB December 1, 2009 Page 99 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWlGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1, 2009 Page 100 of 149 WITNESSES: /~ Print Name: /0h_~ !(o4101,.,m::> DEVELOPER: Habitat for H oilier County, Inc BY: Prin Name: .D ,M.D. President/CEO STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ItS' day of Dc"L , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. [NOT~EAL] ~~.~:.~++ I~/'~OTA.R}..~\ ~ . ."?-. Ie : MYCOMM.EXPIRES .. = I . . 1& := : JULY27.2010 : i i. ~ No.0057888S i ~ \(jl\,o .. /" ,:.;.. ....l.JBL\~.... ~ ..~.,~...._..... ~~~ +'".. OF F\-O ~~ "'11 \\" '11I11gIII10n\\ Approved as to form and legal sufficiency: Recommended Approval: ~ Colleen Greene Assistant County Attorney . - arcy Krurnb Director - Housing and Human Services "~~ 3 -...",-~------"-...- ~--'_._- ... ,,-,- .. -.......-~---_.~_._- Agenda Item No. 10B December 1, 2009 Page 101 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 70, 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 3804 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 -- ---------" Agenda Item No. 10B December 1 , 2009 Page 102 of 149 Return to Frank Ramsey HHS 3301 E Tamlami Trail Naples, FL 34112 File# 10-027-IF This spate for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -- This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred, As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15 .246.26): 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites), The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 - _...._--- _ _""'~'__".~ __....._~u_._.." ,--_.,^--~"_.,. ..-,,- .....----- Agenda Item NO.1 OB December 1, 2009 Page 103 of 149 mortgage or other security interest, thi s lien shall otherv.ise 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 anv necessarv documentation evidencing same. including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 W!!NESSES: /?-7--- Print Name: /l)1'c(< KCJI.Joj~r~:> Print Name: e.h. Agenda Item NO.1 08 December 1, 2009 Page 104 of 149 DEVELOPER: Habitat for Hu . r County, Inc. BY: -l;amue . urso, M. President/CEO STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ! 6 day of CJ c f , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produccd as identification. - [NOTARIAL SEAL] ~,'''IIIUIIUl'''1J: ,;,'oS' ~'" H./it,'- ';s-,~ ............ 1\'1! '... .f~ "':;"01 A I? .i:"'~ '\ $ : -. "P ~ g : MYCOMM.E){PIRES ~ i - . . - 5i : JUlV".2lil0 : 5 I ~. No. 00 5788B5 ! ! ~ u>' A . '\ :.A......lJB\..,\~.....G;)"" '\-?~...._.... O~ ~ OF!'\": ~1""tII'''''- Approved as to form and legal sufficiency: Colleen Green Assistant County Attorney . - ~ >10 fa,~f./J(~ Print Name of Notary Public Recommended Approval: ~ - (/. Marcy Krumbin Director - Housing and Human Services 3 . .--.--...----...---.---- "'--.- ~,~---~., ...M_.'.._~._~..,.,_ Agenda Item NO.1 06 December 1, 2009 Page 105 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 130, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Puhlic Records of Collier County. Florida STREET ADDRESS 3783 Justice Circle, 1mmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A, EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190,61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E, Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 $482.59 . H. Goverrnnent Building Impact Fee I. Law Enforcel11ent Impact Fee $193.83 TOTAL IMP ACT FEES $15,246.26 4 Agenda Item NO.1 OB December 1, 2009 Page 106 of 149 --".- ReturD to Fnmk Ramsey HHS 3301 E Tam!amt Trail Naples, FL 34112 FiIe# 10-028- IF This space for recordin2 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS '-', This Agreement is entered into this 1" day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/1 00 Dollars ($15.246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first ] - - '-_.__._--,--~..__. . ,,",-,-,--,'-"'''-~'-<''",., - ,....,......_-"..",. --.'--'._----- Agenda Item NO.1 OB December 1, 2009 Page 107 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any O"'TIer, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status ",~ll be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties, 8, This Agreement is the sole agreement between the parties ,,~th respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 Agenda Item NO.1 OB December 1 , 2009 Page 108 of 149 WITNESSES: Print ~ru I Co Ie.. DEVELOPER: Habita! for 1< 0 VI (n;'~rt:J.s BY: llier County Inc ~., VI. \ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6 day of Oc I- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ! .-.. [NOTARIAL SEAL] \\\'tftllll....",1l1: ~\)", H. lie..... r ~~ ......... '9,," "'y..' 11\" 'r;...~ ,,~..\O . .b".,,,,, i~..~ ..rJ-....-."., ~. . 'Y 1lf, : f MYCOMM.EXPIRES .~ I i : JULY27.20l0 : ." - , . 'S ~ Nc.00518885 : f ~ .. . I \lJl""'....:"UBL\V..... 'r.1 ,"'1~....~....... ~~.f"- "'",.: 01: <:\O~,,, ~'. r.......\\... :trrllnm,,"'''.. Yb l~<-/ tbr/vc;.-/ Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: --.P cy Krurnbi Director - Housing and Human Services . '~'" 3 "-----_.-..._.~-_...__...- --,.-----.".-. '_',~~..__.-..- ..----..--- Agenda Item NO.1 OS December 1, 2009 Page 109 of 149 EXffiBIT "A" LEGAL DESCRIPTION Lot 68, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 throu\;h 73, inclusive. of the Public Records of Collier County, Florida STREET ADDRESS 3796 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424,14 D. Community Parks Impact Fee $862.50 E, Regional Parks Impact Fee $1,907.85 $3,343.68 F. Educational Facilities System Impact Fee G. Road Impact Fee $7,725.00 $482.59 H. Government Building Impact Fee J. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246,26 4 Agenda Item No. 10B December 1, 2009 Page 110 of 149 Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34]12 File# 10-029-IF This space for rer.ording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites), The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ---...--. -"-,"....,~..,',~.._,., .". ..._,~-,._~--,._~. -. , ~.".,.".___M~._. Agenda Item NO.1 OB December 1, 2009 Page 111 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) ofthe total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collcct the impact fee amount in default and assessment 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services, If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8, This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/0112009 DONNA FIALA, Chairman By: 2 Agenda Item No. 10B December 1. 2009 Page 112 of 149 WllNESSES: DEVELOPER: Habitat for oilier County, Inc ~. Print Name: /lJ/'c;t' 104hAc-J"cr:' STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /.1 day of Oc f , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. . otary Public - -- [NOTARIAL SEAL] ~""IItDr",,, ~~~r.., H. lit. ~. ....OIA-I>....<% ~:i::!"'~ t-.._ - . . ,. i : MY COMM. EXPIRES ~ i ~ .IUlHUmO E i i .. r~o0051888!i : .. .:, . /:'l G.* I:l ,,1l'.>,......lJ Bt.'..... ~"< i %,~...._.... o~., "'; OF p...~ 7'11!!,tI.fllllllM1" - Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval; C~~ / Colleen Greene Assistant County Attorney . - Marcy Krurnbine Director - Housing and Human Services ,,~, 3 "C~:'~~, _~~_':__ ,_.~,+-,.~ .... .', '. "._"_. .~.~_..._,--- - -','-_..' - " ,- ...._'>~ .' ""',"'.~~-,--"..'.."., " Agenda Item NO.1 OB December 1, 2009 Page 113 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 72, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 71 inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3818 Justice Circle, Irnmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $1l6,06 B. Correctional Facilities Impact Fee $190.61 C, Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $] 93.83 TOTAL IMPACT FEES $15,246.26 4 Agenda Item No. 10B December 1, 2009 Page 114 of 149 Return 10 Frank Ramley HHS 3301 E Tamlamt Trllil :"Iaples, FL 34112 File# 10-030-IF This spIce for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ";- This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of thc impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I - "",,_,""__","n___+_____'_.__ '-~._--<~,- ..-..-- '.----. ------ Agenda Item No.1 OB December 1, 2009 Page 115 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the offIce of Housing and Human Serviccs. If the developer fails to comply with the terms of the agreement, or the unit ccases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9, This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Print Name: /Ute!:: K("'Jq/c;A'~ BY: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6 day of C;C f , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. , -. WITNESSES: "'-Vc .- [NOT SEAL] ".....- ~'" H. ff€,p' . b.~ ......... 19", 't" ':V." 14" .",,~ ~/...o fZ'",~, . ' T ; ~AYCOMM.EXPIRES ~ \ i JUlyt1 2010 : s ~ !~o. DO 57988S ; Z <P' " 'r! ~...'.,....IJ Be, \ ~...,~", ,~ .......u.... O<fS ....OF l'\.:~".... -~IJ'lIn"""\\ Approved as to form and legal sufficiency: ~. Colleen Greene Assistant County Attorney .~"',. _._-~.,._,._--- --"-~-----"-_., Agenda Item No. 10B December 1, 2009 Page 116 of 149 DEVELOPER: Habitat for H lier County, Inc . . p- Print Name of Notary Public Recommended Approval: -....c . arcy Krumbine Director - Housing and Human Services 3 ,..,,"._,..._-.~._~~-"~~".- ,..----..--- Agenda Item NO.1 OB December 1, 2009 Page 117 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 132, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73. inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3791 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116,06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F, Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 Agenda Item NO.1 OB December 1, 2009 Page 118 of 149 RetllrDto Frank Ramsey HHS 3301 E Tamiaml Trail Naples, FL 34112 File# 10-031- IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -,. This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unite s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "8," the amount of the deferred impact fees is Fifteen Thousand Two Hundred F ortv Six and 26/1 00 Dollars ($15.246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 ... ,"-,--,,-"- ._..,_.~._,," ." -,- ",'" ~.".'~" , ., , ".,.......-.....,,"""'_..,.,. --_._"'_.~----- Agenda Item NO.1 OS December 1 , 2009 Page 1190f149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid, DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8, This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER '5 successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 . -~...~-,----- --- Agenda Item No. 10B December 1, 2009 Page 120 of 149 WnNESSES; ~.-. DEVELOPER: Habitat for H oilier COWl c Print Name: IVrc/( (!oaltJJcn;~ BY: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instniment was acknowledged before me this /6 day of (JC f , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally knOV>'Il to me or has produced as identification. ...... otary Public Yo/~e-rIWj Print Name of Notary Public - Approved as to form and legal sufficiency: Recommended Approval: /L. . ~~- Colleen Greene Assistant County Attorney '-t Marcy Krumbine Director - Housing and Human Services - 3 ._"-~--,---- _ _.h'_~"--,,="~__,_,, . .....-.--.,..- Agenda Item NO.1 06 December 1. 2009 Page 121 of 149 EXHIBJT "An LEGAL DESCRIPTION Lot 67, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive oflh~ Puhlic Records of Collier County. Florida STREET ADDRESS 3792 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190,61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 - Agenda Item NO.1 08 December 1, 2009 Page 122 of 149 Return to Frank Ramsey lillS 3301 E Tamiaml Trail Naples, FL34112 File# 10-032-IF This space for rt:cording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this I" day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this Agreement until six (6) months after issuance of the ccrtificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/1 00 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transfen'ed, assi gned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 - , __ _ _..~_ " ,~_,u., "'''.-. - .... '-'--," ,~>-.".,-.-~--- ". "" "'.---------.-. '-_._,. - Agenda Item NO.1 OB December 1, 2009 Page 123 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/0112009 DONNA FIALA, Chairman By: 2 .- _ _O_~"'_""_' WITNESSES: ~ Print Name: (01,<=-1( [<nL1hA Nas Print ame: Agenda Item No. 10B December 1, 2009 Page 124 of 149 DEVELOPER: Habitat for H BY: ounty, Inc STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this ! 6 day of 0<::...1- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who ~ personally known to lIl,e or has produced as identification. [NOTARIAL SEAL] ""',.....",""'" ""'~ ~f>. H. It;:'" 1t~~~ ......... ~~, f~.....-;;.O T A ~}...~\ i i MYCOMM.EXPIRES ': \ ! ~ JUlY27.2OJO : I ~ No. DO 578885 : _ . . II: \II,,>, ....:"11 B lS c"..... ~ I ~~............. ~".$'. ~. OF 1",-0'..# ~U""'""''''- Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~ lfri12PJ. J Colleen Greene Assistant County Attorney ......p ~ ar y Krumbine Director - Housing and Human Services -"~-"'"" _'._._.-0'_" 'r 'u_,.~..._ .._ 3 ""-",_,,,,_-^~,""""'- Ageoda Item NO.1 OB December 1, 2009 Page 125 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 65, 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 3784 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E, Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 Agenda Item No. 10B December 1, 2009 Page 1?6 of 149 Return to Frank Ram!ley HHS 3301 E Tamiami Trail Nallles, FL 34112 File# 10-033-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLINGUNlTS --. This Agreement is entered into this I" day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier COilllty, 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien agairu;t the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 ,~-~ , ..-.---...-- --.' '-"~-- " "--"",,.~,-~---,.~..-,., . Agenda Item NO.1 06 December 1, 2009 Page 127 of 149 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 evidencinl! same. including. but not limited to, a full or partial release oflien. 7, In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9, This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item NO.1 OB December 1, 2009 Page 128 of 149 WiTNESSES: ~ DEVELOPER: Habitat for Hu er County, Inc . Print Name: Mc,,( II~a /1:;,I~ BY: Print ame: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /,6' day of 0 c /- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who )s personally knoWll..1o rnll<,or has produced as identification. e... ifV' cr-- Print Name of Notary Public _. [NOTARIAL SEAL] ",,\IJlIIIQ_~ ~\)"'H.Hc'- ''''t.>.~.....n......'If?!.' 1~""oiAR"',~ l~.:~ )-\7 11- : MY COMM. EXPIRES ~ . . I : JUlY27.201O : a \ No.OD5788B5 ! .2: ~ . . ~ \(j\A....~UB\.,\~....~"'1 -"'Z;j-'OF';;";P .\,Ht....",,"' otary Public Approved as to form and legal sufficiency: Recommended Approval: ~~ Colleen Greene Assistant County Attorney - (' arcy Krumbine Director - Housing and Human Services - - 3 ----. _M_'_'___ _,..._..... Agenda Item NO.1 OB December 1. 2009 Page 129 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 71, 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 3814 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $1l6.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 Agenda Item No. lOB December 1, 2009 Page 130 of 149 - Return to Frank Ramsey HHS 3301 E Tllmlaml Trail Naples, FL 34112 File# 10-034-IF This space for retording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS .- This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 deseription of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certifieate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15,246.261 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor thi s Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 - ,..- ...._._"--~,-_... Agenda Item NO.1 OB December 1. 2009 Page 131 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any o'Vo'11er, 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 evidencin" same, including. but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (l 0%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman By: 2 Agenda Item No. lOB December 1 , 2009 Page 132 of 149 ~~., WiTNESSES: . DEVELOPER: Habitat for PrintName: flJrt/c 1<<::Jt.t/rA~e:;/ BY: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /.6 day of V'c 1-- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. - [NOTATlTAT SEAL] .....'l/llrilt(...~ \)1>. H. Ii. I'~~"""""'~~~ $C;:) ..:,OTA,t-.. ~\ i!~/"l7" J-..\~'i I l MYCO~M.EXPIRES ... 1" \ . . J '- ;: : lJLV27.20to : Ii t .^ \ No.OD"...S 'yi , lv>" A . \.~~"UBL\~""^'" ~ :t:::~ ........ ~v .""'.....OF FI.-O ~, .~"tI'lInu"""" ~dJJluy~ Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~~~Q Colleen Greene Assistant County Attorney . a cy Krumbine Director - Housing and Human Services ~ ... - 3 I ,--- -- -- ~_..~-^ .-.-, Agenda Item NO.1 OB December 1 . 2009 Page 133 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 69, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, indusive oftnf' Public Records of Collier County, Florida STREET ADDRESS 3800 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 ,.~ Agenda Item No. lOB December 1. 2009 Page 134 of 149 ~-" Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FL 34112 FiJe# 10-035-IF This space for rec:ordlog LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS - This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($ I 5,246.261. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impaet fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 - _. --"'-'~ A _._~,_.." - "" ,~""~,.. .. .-"'. ' Agenda Item NO.1 OB December 1 , 2009 Page 135 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 ~ wnNESSES: c::? /-z ..- Print Name: IUb/{ j.{CJ/~h)(,'11?1 Print Name: h Agenda Item No. lOB December 1, 2009 Page 136 of 149 DEVELOPER: Habitat for BY: Samu Presid STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this' / / day of 6- f ' 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to m~ or has produced as identification. - [N~L SEAL] Q.\)i>- H. I;?--~, , ...~ ..........,. -9--9. .~ ~v.... 0' AI\> ..., ~ -:i;;:'..+ J... >" \ I l MVCOMM.EXPIRES \ - . . ;, : JULVZ7,'.010 : :0 \. ~. No.OD518885 f 1" \. (j\;.".~u 81.-" ~....~'" ,..,~...._.... O~' ~"'" OF f~ ..# lilt"......,"""" Approved as to form and legal sufficiency: ~~~~gJ-<. Q - Colleen Greene Assistant County Attorney - , ~O Print Name of Notary Pu Recommended Approval: . -<' arcy Krumbine Director - Housing and Human Services 3 -_.. -'~.'. .. ~_....". , ,.. "'~._,;._,.'~"'-~' --- Agenda Item No.1 OB December 1, 2009 Page 137 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 135, 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 STP.EET ADDRESS 3803 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D, Community Parks Impact Fee $862.50 G. Road Impact Fee $1,907.85 $3,343.68 $7,725.00 E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 Agenda Item NO.1 OB December 1, 2009 Page 138 of 149 ,- Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, n. 34112 File# 10-036-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ---. This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees defen'ed shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run ''lith the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ,-_. '-"-._.--' -- - -,",,-,..- ,,----,-- -'.- "'-'-_._,~.,. ___.'.__c "'_.'," Agenda Item NO.1 OB December 1, 2009 Page 139 of 149 mortgage or other security interest. this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including. but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collcct the impact fee amount in default and assessment 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk Bv: 12/01/2009 . DONNA FIALA. Chairman 2 Agenda Item NO.1 OB December 1 , 2009 Page 140 of 149 - WITNESSES: ~. Print Name: /0/(/( !-(Ovth/?r-J"a.,. DEVELOPER: Habitat for H . r County, Inc . STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this /6 day of Qc. f- , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or 4as produeed as identification. - [NOTAJJ~ EAL] \)'" H Ifc ~,,'::'oiAR;'\.~ ~: ... '.Y<s if ; MYCOMM,EXPIRES ~ 'i i : JULV27.2010 : i l. \ No.OD5788S5 : -= " . ' . ,0. '. 1>" G ." ..- '\ -.r-. .... u Bt;\. f'. Q' ~'>-"""'-""'(j:f- 'f.:-' _.. ..,0 . ~ f.v *.'r. '" -"....,)>..'1\ f otary Public VO/AtJfltriJ erit/2; Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: .. ~. Colleen Greene Assistant County Attorney - r-o arcy Krumbi Director - Housing and Human Services .., 3 J -~'-'-'~--" ,-- ._._----~. , ~. ,-".~, Agenda Item NO.1 OB December 1 . 2009 Page 141 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lot 129, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 7J inclusive, of the Public R.prm". of Collier County, Florida STREET ADDRESS 3779 .Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities 1mpact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Edueational Facilities System 1mpact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246,26 4 Agenda Item No. lOB December 1 , 2009 Page 142 of 149 -- Return to Frank Ramsey HOS 3301 E Tamiaml Trail Naples. FL 34112 FiJe# 10-037-IF Tbis space for rt'cording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF' 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS .~"" This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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: I. 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15,246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I ,c"__._,.~.,,.__..."'._.._..._ .... _._...n ._-._._---_._..--,"- , Agenda Item NO.1 OB December 1, 2009 Page 143 of 149 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 tills Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after V>'fitten notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest; DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COlJNTY, FLORIDA By: , Deputy Clerk By: 12/01/2009 DONNA FIALA, Chairman 2 Agenda Item NO.1 OB December 1, 2009 Page 144 of 149 -- WITNESSES: Print Name: DEVELOPER: Habitat for H . r County, In BY: Print STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this day of -{)cf ' 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity 0 Collier County, Inc., who is personally known to me or has produced as identification. - ,.'--- ~H',"'"""" 6~~.~..~,:,>,~' i'....<::> ."0". 0 1,<1 ,.:t~.;.\~ ! ,. "".i'~\ .: l MrCfJMM \ '::D i : J/)tv .EXPIRES : J7 i : N -2",2(}/0 ; _ := (Jl ~. O.DD578BS5 : I \j;::,~~: B L \ S"'fJ/"~ ., ~:(-" .-...... ~ "', 0" FLO~ ~/~If:r;lUUUd"\\~ Approved as to form and legal sufficiency: Signature Notary Public [NOTARIAL SEAL] ~c::---- Print ame of Notary Public Recommended Approval: {1~~ Colleen Greene Assistant County Attorney - '- Marcy Krumbine Director - Housing and Human Services "~'" 3 ~,.__._~ ,.......,...,_._.~ "..'-~".--~.,.~.,~. -,,--,._-._.._- Agenda Item NO.1 OB December 1, 2009 Page 145 of 149 EXHIBIT" A" LEGAL DESCRIPTION Lot 131, 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 3787 Justice Circle, Immokalee, FL 34142 EXffiBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 Agenda Item NO.1 OB December 1, 2009 Page 146 of 149 ,-, Return to Frank Ramsey IUlS 3301 t;; Tamlamj Trail Naples, FL 34112 FiJe# 10-038-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS -. This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) 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 issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15;246.26t 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the fust 1 - -_.._,,-~ .~._"-_..- -'--"'-'~~_.."- - -.,-.--.----- Agenda Item No. lOB December 1. 2009 Page 147 of 149 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S suceessors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: 12/0112009 DONNA FIALA, Chairman By: 2 Agenda Item No. lOB December 1 , 2009 Page 148 of 149 WITNESSES: Print Name: DEVELOPER: Habitat for . r County, Inc BY: Print Name: h.. STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this I j day of Oc. f. , 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to m~ or has produced " as identification. o e-r re/c - Print Name of Notary Public otary Public [NOTARIAL SEAL] ~",I"IIII"",,,,,,, ;~~OAH.~~ ,.~~ .......... ~?'~ I~c::>.,.-:.OTA;:...~ \ i ", <r..L'.~. 11- : ^'Ycm"M 'Op ~ ~ il! : -I:J\ IRES: r I ~ JULY2:1.20I(J : i!! .. (/l '. No.ODS7.... i i ";....\ .,...0 ." E 'YA'..~8L\ ~,..., ~I ~' O~'F~O~~" .f1....~ Approved as to form and legal sufficiency: Recommended Approval: ~. ~ Colleen Greene Assistant County Attorney .- '-c"" arcy Krumbine Director - Housing and Human Services .-. 3 --.- .. - _,_ .,........0.._.._._ _.~,.,..,.,"---,."...--,. .-_._,-.._--~- - Agenda Item NO.1 OB December 1 , 2009 Page 149 of 149 EXHIBIT "A" LEGAL DESCRIPTION Lo1133, 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 3795 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 H. Goverllinent Building Impact Fee $482,59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4