Backup Documents 04/14/2009 Item #16D 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIa 6 0 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prim on pink paper. Attach to original document. Original documents should be hand delivered to the Board Olliee The completed milling slir and llriginal
documents are to he forwarded to the Board Orlice only after the Board has taken action on the item.)
ROVTlNG SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
excention of the Chairman's siQnature, draw a line throul!h routinl! lines # I through #4, complete the checklist, and f()rward to Sue Filson (line #5).
Route to Addressee( s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service 7/- 04/15/09
2. Chairman Donna Fiala BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT IN}'ORMATlON
(The primary conla::t is the holder oflhe original document pending Bee approval. Normally the primary contact is the person \\hl creah.::tlipn:pared the executive
summary. Primary contact infonnatinn is needed in the event one ofdle addressees above, inchuing Sue Filson, need to emtac! stall for additional or missing
information. All original documents needing the BeC Chairman's signature are to be uelivered tn the Bee oflice only atkr the Bee has acted to approve the
item)
Name of Primary Slaff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Dale Item was 04/14/2009 Agenda Item Number 16[)-2
Annroved bv the BCC
Type of Document Agreement Number of Original 5
Attached Documenls Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Nol
aDoroDriate. (Initial) Applicable)
l. Original document has been signedlinitialed for legal sufficiency. (All documents to be
signed by the Chairman. wilh the exception of moslletters, must be reviewed and signed 7i-
by the Office of the Counly Attorney. This includes signalure pages from ordin,mces,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreemenls, etc. that have been fully executed by all parlies excepl the BCC
Chairman and Clerk to the Board and Dossiblv State Officials.)
2. All handwritten slrike-through and revisions have been initialed by the Counly Attorney's 7i
Office and all olher parlies excepl the BCC Chairman and Ihe Clerk to the Board
3. The Chairman's signalure line date has been enlered as the date of BCC approval oflhe ~t(.'
document or the fInal nC1!otiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's '-;1{
signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson inlhe BCC office wilhin 24 hours of BCe approval. 'Tf-
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the Bce's actions are nullified. Be aware of your deadlines'
6. The document was approved by the BCC on 04/14/2009 and all changes made during .'%-
tbe meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chane:es, if apolicable.
INSTRUCTIONS & CHECKLIST
I: Forms/ Cowlty Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9.0.304. Revised 1.26.05, Revised 2.24.05
4284524 OR: 4444 PG: 3126 D 2
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
04/17/Z009 at 09:13AM DWIGHT E. EROCK, CLERK
REC FEE
coms
31.50
4.00
Return to
Retn:
CLBRK TO THB BOARD
INTBROmCB 4TH FLOOR
BXT 8406
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL34112
File# 09-099-IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCVPlED AFFORDABLE
HOVSING DWELLING UNITS
This Agreement is entered into this 14th day of April, 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 Cdunty, 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 app I y.
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 unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twentv Nine Thousand Six Hundred Fortv One and
30/1 00 Dollars ($29.641.30).
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact tees nor this Agreement shall be transterred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
OR: 4444 PG: 3027
16D 2
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 laxes.
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 Ihe date and year
first above written.
Attest:
DWIGHT E. BROCK, Clerk
. (,~ ,"'" t';:"
BOARD OF COUNTY COMMISSIONERS
COLLI COUNTY, FLORIDA
.J~.
By:
By: ~. .~~ {)~.
.... . . .~:. ...., Deputy Clerk
~l~.'. ~,,~'~h lit,
. "I'~q'
. . " ~
'i":I,, ''\ ;,\"
2
OR: 4444 PG: 30216 D 2
DEVELOPER: Habit or H fCollier County, Inc.
/~~
.~?~
BY:
wBitSSES'
Pri~t ..:::?~; ~;-.(' fC'v?()(of
u~ ~ ~-
Print Name: rmo,u - ~
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this '-( day of March, 2009, by
Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is
personally kI1Q\VI1J9-1!1e or has produced as identification.
~..""""'" ~~$
[NOT ~~I1.-SIBJ4..)!"f'ff
~~~~O!.{~R'.y..~~.)';. Signature of Notary Public
~O: ~o= 1J
~~: c ",ro. t.'I.9\{e~ ~ :
= . 1.\1 0 \"g 2010. _
=. uS " , . = .
~ ~. ~~.OOS9033S /!Ci (J(fVla ~(a-1r~/o
't'lt>. '~'" PUB\,,',;,'!fl Print Name of Notary Public I
~u7': ."'..... 0 ,.......
-..,:f1"ff 01' I'~.",
1111111111'\\\\
Approved as to form
and legal sufficiency:
Recommended Approval:
i
~tJ~
Colleen Greene
Assistant County Attorney
I
(>...___.-~___' ,,-,/L-)--iJ
Ma y Krumbin
Director - Housing and Human Services
3
*** OR: 4444 PG: 3029 ***
1602
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 9, Block 13, Naples Manor Addition, according to the plat thereof, as recorded in Plat Book 3,
Page 67 of the Public Records of Collier County, Florida.
STREET ADDRESS
5434 Martin Street, Naples, Florida 34 I 13
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type oflmpact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
J. Sewer System Impact Fee
K. Water System Impact Fee
Amount Owed
$112.46
$122.36
$503.49
$1,075.25
$2,378.20
$9,026.12
$8,247.62
$796.05
$309.75
$3,495.00
$3,575.00
TOTAL IMPACT FEES
$29,641.30
4
Relurn 10
4284525 OR: 4444 PG: 3030
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
0li17i2009 at 09:13AK DWIGHT E. BROCK, CLERK
REC FEE
COPIES
35.50
1.00
,
I .
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
Retn:
CLERK TO THE BOARD
INTEROPPlCE ITH nOOR
EXT 8106
16D2
File# 09-100-IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOVSING DWELLING UNITS
This Agreement is entered into this 14th day of April, 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 ofthe certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twentv Two Thousand Five Hundred Seventy One and
301100 Dollars ($22,571.30).
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
1
OR: 4444 PG: 3031
16D2
t
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 10 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 Ihe 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 tile 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. BR,O<;:K, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY.~ d4-~ 'IW1
o NNA FIALA, ChaIrman
~~t
-' ,,- ,.
By: ' ' ',.. . . ' i'
AtteIl.. II te . '.:. , . Deputy Clerk
.t...... 0I1~
1',>Ir - >, ..
2
OR: 4444 PG: 3032
DEVELOPER: H~b~or I-[j.lm~t fCollier County, Inc.
~;~~)
BY: /g:Jf:P~~Z-
. Samuel J urso, M.D.
Presid nt
WITN
Print Name:
pr~&fJor1~-~
16D2
i
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this 'I day of March, 2009, by
Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is
p.ersonallyknQ~Jl~me or has produced as identification.
,Illl"""", ~ ~
\\\\ "ll.
[Nq.~~Jt-&~~"'':::. ~.P>>n ~ t
!g........o ...:'0\ Signature of Notary Public
= ~:.I CQmm, E1pirea.. :
= .. M~ "9 2010: =
.. .. ,l.ugUlt" , ..-
;. ~ ltJo 00 590336: ~
~ II'" ..~::
'1!.. v.~':
\, d' .., PU'B\.'\...~,,"'
"'."'.., ,'..... O"'{.~,...
"" )-If OF """""
1111"1I1I1"'\~
Approved as to form
and legal sufficiency:
U~PQ
Colleen Greene
Assistant County Attorney
;,J()(/YI{) lrp. - ~io
Print Name of Notary P.ubl1c
Recommended Approval:
J!-vyi j" ~
Marcy Krumbihe'
Director - Housing and Human Services
3
*** OR: 4444 PG: 3033 ***
1602
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 18, Block 6, Naples Manor Annex, according to the plat thereof, as recorded in Plat Book I at
Page 110 of the Public Records of Collier County, Florida.
STREET ADDRESS
5233 Holland Street, Naples, Florida 34113
EXHIBIT "B"
IMPACT FEE BREAKnOWN
Type ofImpact Fee Amount Owed
A. EMS Impact Fee $112.46
B. Correctional Facilities Impact Fee $122.36
C. Library Impact Fee $503.49
D. Community Parks Impact Fee $1,075.25
E. Regional Parks Impact Fee $2,378.20
F. Educational Facilities System Impact Fee $9,026.12
G. Road Impact Fee $8,247.62
H. Government Building Impact Fee $796.05
l. Law Enforcement Impact Fee $309.75
TOTAL IMPACT FEES $22,571.30
4
u
4284526 OR: 4444 PG: 3034
RBCORDBD in 011ICIAL RBCORDS of COLLIBR COUNTY, lL
04/11/2009 at 09:13AM DWIGHT B. BROCK, CLBRK
RBC !BE
coms
35.50
4.00
Return to
Retn:
CLBRK TO THB BOARD
INTBROllICB 4TH lLOOR
BXT 8406
16D2
Frank Ramsey
HHS
3301 E Tamiami Trail
~aples. FL 34112
File# 09-101-IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING VNlTS
This Agreement is entered into this 14th day of April, 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 unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twentv Two Thousand Five Hundred Seventv One and
30/100 Dollars ($22,571.30).
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
I
OR: 4444 PG: 3035
16D 2
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 detimlt 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 10 Ihe 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.. BRO... CJ<;., Clerk
" .~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/
d~
ONNA FIALA, Chairman
BY:~. ~OL.
.',. .,. ~tyClerk
lttest ... v .,
~~at...o.-' "i
By
, ,to '/
2
OR: 4444 PG: 3036
16D2
DEVELOPER: Habi or Hu~ity of Collier County, Inc.
c::/ /::::35.:~
,~~~
Samuel J urso, M.D.
President
BY:
WITNESSES, ~
~O( a-~
~'~-eilLJ~~l
Print Name: 'S:onV'--t1t?U ~()'O~
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this 'I day of March, 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.
Z~ ~(~ -;4
gnature of Notary Public
[NOJ~Rf.'m~~]
"_\r,.~ ..... l"',.t>......
~~~~'t~o'TAR~..;~"::.
~o . '" . v';,
.::~: ',0'::.
= ~: My Comm. Explrll: i
:: . o\..nUlt 29, 2010. :
_'/"IW" 3380.
'$. I, No. 00 590 .. i
1. . . ~;::
,\tn:... PUB\..\~'~~$
",-/;" ...... O".~,
",...,.... OF f\.: ,,-
I,; c: ""
It""l1""\
A.. J IJfn1A t~c-- - --r;o/<J
Print Name of Notary Public
Approved as to form
and legal sufficiency:
Recommended Approval:
~." d I
~l .-../~ -.---..f'''
,v.~Y
MlIr y Krumbine
Director - Housing and Human Services
~~
Colleen Greene- -
Assistant County Attorney
3
*** OR: 4444 PG: 3037 ***
1602
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 14, Block 4, Naples Manor Addition, according to the map or plat thereof as recorded in Plat
Book 3, Page(s) 67, Public Records of Collier County, Florida.
STREET ADDRESS
5249 Hardee Street, Naples, Florida 34113
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee Amount Owed
A. EMS Impact Fee $112.46
B. Correctional Facilities Impact Fee $122.36
C. Library Impact Fee $503.49
D. Community Parks Impact Fee $1,075.25
E. Regional Parks Impact Fee $2,378.20
F. Educational Facilities System Impact Fee $9,026.12
G. Road Impact Fee $8,247.62
H. Government Building Impact Fee $796.05
1. Law Enforcement Impact Fee $309.75
TOTAL IMPACT FEES $22,571.30
4
f tt
4284527 OR: 4444 PG: 3038
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
04/17/2009 at 09:13AK D~IGHT E. BROCK, CLERK
REC FBE 35.50
coms 4.00
Return to
Retn:
CLERK TO THE BOARD
INTBROFFICE 4TH FLOOR
EXT 8406
16D2
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples,FL34112
File# 09-102-1F
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOVSING DWELLING UNITS
This Agreement is entered into this 14th day of April, 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 unti I six (6) months after
issuance ofthe certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twenty Two Thousand Five Hundred Seventv One and
30/1 00 Dollars ($22,571.30).
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
I
OR: 4444 PG: 3039
16D2
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 limiled 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.
,*.,,"'.
,-"'ties!:
r.. DWIOHTILf3ROC~, Clerk
By;: ~ :~, .a.c..,.
AtUft ate . ' , \>eputy Clerk
slQl!.turt O/lr-
BOARD OF COUNTY COMMISSIONERS
COL. 'iL COUN'! Y, FLORIDA
/ I / -
By:^' ~'~4.4.. ~f!
DONNA FIALA, Chairman
2
OR: 4444 PG: 3040
1602
DEVELOPER: ~~~ I:JU~~:~ of Collier County, Inc.
~/ "#.-7
~. /,/,'. /. /// ".
.-/ Y ../' .-_.'./:'-. / / .
BY: /<:?: ./ f?:;// ~~
Samuel J. guts ,M.D.
Presideny
;gESSES: '_.
~ - ~4Lu.J.v-..k. .
Print Name: <'-i~n \ rA I'I? td,,-,,/1,f\fri
~e:~J;,f Id~4
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this 'I day of March, 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.
~awe' ~-,- 4
Signature of Notary Public
[NOT ARI~~Pll..'l!I'""
......' 1'1.. LO F{,.Jt "'-
...' _"-.1" ... ...,..",,"~
~ 9:-~'..OTAil. , ~ ~
io...~ p..;~\
.:~.. ..""'\
~ : My Comm. Expires: 0 i
= : August 29. 2010: !
~ -. No. DO 580338: I
~ . . I
~~...p. UBL\~..:<>':~
-" 71-.... .... ~""i"
"',;,l:- OF F\..O".
11111'''''''''\\
AJ (JI/Yl.t'~ 0fW 7'JJ./o
Print Name of Notary Public
Approved as to form
and legal sufficiency:
Recommended Approval:
~~
Colleen Greene/
Assistant County Attorney
[.-....--v/"\....--....../\....--'
arcy Krumbine
Director - Housing and Human Services
. /L-1
3
*** OR: 4444 PG: 3041 ***
1602
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 51, Block 4, Amended Plat of Naples Manor Extension, according to the map or plat thereof as
recorded in Plat Book 3, Page(s) 101, Public Records of Collier County, Florida.
STREET ADDRESS
5465 Collins Street, Naples, Florida 34] 13
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $] 12.46
B. Correctional Facilities Impact Fee $122.36
C. Library Impact Fee $503.49
D. Community Parks Impact Fee $1,075.25
E. Regional Parks Impact Fee $2,378.20
F. Educational Facilities System Impact Fee $9,026.12
G. Road Impact Fee $8,247.62
H. Government Building Impact Fee $796.05
I. Law Enforcement Impact Fee $309.75
TOTAL IMP ACT FEES $22,571.30
4
tl
i
4284528 OR: 4444 PG: 3042
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL
04/l7/2009 at 09:13AM DWIGHT E. BROCK, CLERK
RBC !BE
cams
35.50
4.00
Return to
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
HXT 8406
1602
Frank Ramsey
UUS
3301 E Tamiami Trail
~aples, FL 34112
File# 09-103- IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOVSING DWELLING VNITS
This Agreement is entered into this 14th day of April, 2009, between Collier County, a
political subdivision of Ihe 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 ofthe certificate of occupancy for the dwelling unit(s).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twentv Two Thousand Five Hundred Seventv One and
30/1 00 Dollars ($22.571.30).
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the first
I
OR: 4444 PG: 3043
16D2
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 10 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.
By: ~... ~tQ~,<J.~ .
. ... .., Deputy Clerk
. At~st IS Ch& .
.t...... 011'
BOARD OF CoUNTY COMMISSiONERS
COLyrt COUNTY, FLOrO:
By:)?>-rnA./ d~,- ~c"
DONNA FIALA, Chairman
Attest:
DWIGHT E.,SROCK, Clerk
.\... '-." '.,'
2
OR: 4444 PG: 3044
1602
DEVELOPER: Habitat r Huma it)' of Collier County, Inc.
~~~~? -
BY: /W~ ~
- Samuel urso, M.D.
Presi ht
WI1SSES:
~'d
/ I-{; CcCS(.(.lJ !
Print Name: C:;C'I.IC\. r e I( k. 1\.2:t:1
'''~~ 'if:!::. ~lf 17
STATE OF FLORIDA
COUNTY of COLLIER
The forgoing instrument was acknowledged before me this 'I day of March, 2009, by
Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is
pe~sonal!ykno~!1.to me_or has produced ~s identification.
[NOTARIAL~A'~I""""" ~~ ~ ~
_" t-1:.:) R...q "-, f
S9:-~"O'rAi1" -)0",,"'-.. Signature 0 Notary Public
$O...~ ,....;~~
~~: e.vo; ~ ~
::: . My CQmm. Expire. ~ 0 "
:; : Augu.t 29,2010: ;; Of MO. () r"- -, (tJ,; (J
~ ~. No. DO 590338: S ["
-:; . . ~ rint Name of Notary Public
~<.P>....PUB\..\~"'~'(' ~
'..,""1..>-,........ ~'\?:rt.~
'~,;/l:::- OF F\..O\\l.""
""'''11\'''\\
C~
Assistant County Attorney
R=mm",.d APP7' .
~L)-
arcy Krumbine
Director - Housing and Human Services
Approved as to form
and legal sufficiency:
3
*** OR: 4444 PG: 3045 ***
16D2
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 9, Block 4, Naples Manor Addition, according to the map or plat thereof as recorded in Plat
Book 3, Page(s) 67 and 68, Public Records of Collier County, Florida.
STREET ADDRESS
5234 Martin Street, Naples, Florida 34113
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee Amount Owed
A. EMS Impact Fee $112.46
B. Correctional Facilities Impact Fee $122.36
C. Library Impact Fee $503.49
D. Community Parks Impact Fee $1,075.25
E. Regional Parks Impact Fee $2,378.20
F. Educational Facilities System Impact Fee $9,026.12
G. Road Impact Fee $8,247.62
H. Government Building Impact Fee $796.05
I. Law Enforcement Impact Fee $309.75
TOTAL IMPACT FEES $22,571.30
4