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1316 S Ridgewood Avenue - Jefferson Monticello Properties - 12-27-201012/27/2010 03.:15 PM Instrument# 2010-231739 # 1 Book: 6549 Page: 1904 RECORDING REQUESTED BY: City of Edgewater WHEN RECORDED, RETURN TO: LEGAL DEPARTMENT CITY OF EDGEWATER P. O. Box 100 Edgewater, FL 32132-0100 THIS AGREEMENT CONSTITUTES A LIEN ON THIS PROPERTY AGREEMENT TO DEFER CERTAIN DEVELOPMENT IMPACT FEES THIS AGREEMENT is between the City of Edgewater, a municipal corporation, hereinafter referred to as "City" and Jefferson Monticello Properties, LLC, the owner(s) of the property described herein, hereinafter referred to as "Developer." PREMISES WHEREAS, Developer is the owner of certain real property situated in the City of Edgewater, Volusia County, Florida, described as follows: S 48.07 FT MEAS ON W/L OF LOT 25 & E 250 FT OF N 89.56 FT MEAS ON E/L OF LOT 24 MENDALL HOMESTEAD MB 16 PG 42 PER OR 5011 PG 0052 PER OR 5576 PG 3020 PER OR 6083 PG 3361 PER OR 6476 PG 0697 Said property is generally known as Parcel Number 7433-01-00-0252 and is referred to herein as the "Property;" WHEREAS, in an effort to stimulate growth in the City of Edgewater and to enhance economic development, the City Council adopted Ordinance - providing for a AGREEMENT TO DEFER CERTAIN DEVELOPMENT IMPACT FEES PAGE 1 OF 4 Book: 6549 Page:a'i_a if.:: temporary deferral of applicable sidewalk, fire/EMS, police and transportation/road impact fees for non-residential development and non-residential redevelopment or expansion; and WHEREAS, Developer's plan for the Property, qualifies as non-residential development, redevelopment or expansion and Developer has applied for deferral of impact fees under the provisions of Ordinance - NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter set forth, the City and Developer agree as follows: 1. Developer declares he is familiar with the provisions of Ordinance - and the regulations which have been implemented by the City to effect the temporary deferral of impact fees. 2. The sidewalk, fire/EMS, police and transportation/road impact fees due and payable by the Developer for the development, redevelopment or expansion of the subject Property shall be calculated at the time the first building permit is issued and shall be based on the rates in effect at that time of permitting. The total amount of impact fees for sidewalks, fire/BMS, police, and transportation/roads total $30,009.05 and shall be payable as follows: A. $10,000.00 of the total of all above -referenced impact fees shall be paid by the Developer in accordance with the timeframes established by the City for each referenced impact fee. B. The total amount of all above -referenced impact fees over $10,000.00, which amounts to $20,009.05 ("deferred amount") is deferred for a period of three years from the date of completion of construction. C. The deferred amount, plus interest, is due and payable on or before the expiration of three years from the date of completion of construction. AGREEMENT TO DEFER CERTAIN DEVELOPMENT IMPACT FEES PAGE 2 OF 4 2010-231739 Book: 6549 Page: D. In the event the Property is sold or ownership is transferred or a receiver has been appointed or there is a change of use at any time during the deferral period, the City may demand payment in full of the deferred amount plus interest. 3. The deferred amount shall accrue interest at the rate of five percent (5%) per annum for each year deferred. Interest shall be simple interest, calculated on the original amount of impact fees deferred. 4. This Agreement shall be recorded in the Public Records of Volusia County, Florida as a lien against the Property in the amount of the deferred amount of impact fees plus interest. Upon receipt of payment in full of the deferred amount of impact fees and interest thereon, the City will execute a release of lien which will be recorded in the Public Records of Volusia County, Florida. 5. The Developer must apply for construction of the new development, redevelopment or expansion within thirty (30) days of the date of the deferral request. 6. Construction of the new development, redevelopment or expansion must start within ninety (90) days from the effective date of the issuance of any development orders/approvals and must be completed within twelve (12) months from the date of commencement of construction. 7. All other impact fees and other fees not specifically deferred by this Agreement and associated with the new development, redevelopment or expansion described herein remain due and payable as provided by law. AGREEMENT TO DEFER CERTAIN DEVELOPMENT IMPACT FEES PAGE 3 OF 4 *�" WHEREFORE, the parties have set their hands and seals on this`- ' day of , 2010. Witness Witness STATE OF FLORIDA COUNTY OF VOLUSIA CITY OF EDGEWATER , City Manager (00c �3 CD r+ Lr _ rQ (�y0ry n 8 � 4�J � hw7 X, 91 i JEFFERSON MONTICELLO PROPERTIES, LLC By: , R. Berner, Manager lifelon Monticello Properties, LLC The foregoing instrument was acknowledged before me this day of 2010 by ' C who is personally known to me or who produced My commission expires: as identification. Notary Public, State of Florida at Large TABITNA ANNE IglS*11 Notaxy PUNIC - Stift of Florida • My Comm. Expires Oct 23, 2013 Commission # OD 903328 �''••° �� `°� Bonded Through National Notary Assn. AGREEMENT TO DEFER CERTAIN DEVELOPMENT IMPACT FEES PAGE 4 OF 4 1 Monique Toupin From:Dilena Talley Sent:Wednesday, February 14, 2024 4:20 PM To:Carol Coleman; Monique Toupin Subject:RE: 1316 S Ridgewood Ave/Parcel #7433-01-00-0252 No payments have been received and the burden of proof is on the owner of the property to prove he paid. Money and lien stand, please tell Maria to follow whatever terms are on the lien. As well as, the money is due. Dilena Talley Junior Planner City of Edgewater Email: Planning@cityofedgewater.org Website: www.cityofedgewater.org Phone: (386) 424‐2400, ext. 1503 Fax: (386) 424‐2409 2  Please consider the environment before printing this e-mail Please note: Florida has very broad public record laws. Most written communications to or from City employees are public records and available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Carol Coleman <ccoleman@CITYOFEDGEWATER.ORG> Sent: Wednesday, February 14, 2024 3:05 PM To: Monique Toupin <mtoupin@CITYOFEDGEWATER.ORG> Cc: Dilena Talley <dtalley@CITYOFEDGEWATER.ORG> Subject: FW: 1316 S Ridgewood Ave/Parcel #7433‐01‐00‐0252 Could you advise on the response to this? Thanks!!!! From: Maritza Perez <mperez@orangedata.com> Sent: Wednesday, February 14, 2024 3:04 PM To: lienresearch <lienresearch@CITYOFEDGEWATER.ORG> Subject: 1316 S Ridgewood Ave/Parcel #7433‐01‐00‐0252 Good afternoon, I am working on a lien search for the above property and noticed a lien in the public records for development impact fees (attached). We have never run across one of these liens and our report normally only includes information for code enforcement, utilities, permits, false alarms, and special assessments. Would this lien be something that we would include on our report? If so, would this be reported under code or special assessments? Please advise. Thank you, Maritza Perez Search Dept. Supervisor P. 407‐965‐4245 www.OrangeData.com mperez@orangedata.com