Loading...
Backup Documents 11/09/2010 Item #16D 8To K, r. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ,Dt 1L TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �1 �J THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sienature. draw aline through routine lines #I through #4. complete the checklist. and forward to Ian Mitchell (line 45) . Route to Addressee(s) List in routing order Office Initials Date 1. Priscilla Doria Housing, Human & Veteran Services Department (Initial) 11/10/2010 2. Original document has been signed/ initialed for legal sufficiency. (All documents to be PD 3. November 9, 2010 Agenda Item Number 16D8 4. Ian Mitchell, Executive Manager Board of County Commissioners 11 �to l9 5. Minutes and Records Clerk of Courts Office _ Number of Ori final 5 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending 13CC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, needs to contact staff for additional or missing information. All original documents needing the ACC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item 1 Name of Primary Staff Priscilla Doria Housing, Human and Phone Number 252 -5312 Contact Veteran Services (Initial) Please call or e-mail for pick u Original document has been signed/ initialed for legal sufficiency. (All documents to be PD Agenda Date Item was November 9, 2010 Agenda Item Number 16D8 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Five (5) Lien Agreements _ Number of Ori final 5 Attached Signature needed on all documents. Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applica ble I. Original document has been signed/ initialed for legal sufficiency. (All documents to be PD signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike - through and revisions have been initialed by the County Attorney's PD Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the PD document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's PD signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip PD should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/09/2010 (enter date) and all changes PD made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 • ' • • MEMORANDUM Date: November 23, 2010 To: Priscilla Doria, SHIP Loan Processor Code Enforcement Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Five Affordable Housing Lien Agreements for Files: #10- 093 -IF (Joseph); #10- 094 -IF (Audige) #10- 095 -IF (Louis); #10- 096 -IF (Forestal) and #10- 097 -IF (Cine) Attached for your records are copies of the recorded documents referenced above, (Item #16D8) approved by the Board of County Commissioners November 9, 2010. The original agreements will be held on file in the Minutes and Records Department in the Board's Official Records. If you have any questions, please call 252 -8406. Thank you Attachments (5) Return to Priscilla Doris Collier County HHVS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 093 -IF INSTR 4496549 OR 4624 PG 1331 RECORDED 11/16/2010 3.06 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 9`h day of November, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie Nicole Joseph" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15.246.26). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the 1 • � i County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, this lien shall be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk By: I C . H uty Clerk Attest' �s `.�ri v al�atrn'ada`w Approved as: to, form— and legal sufficiency: Jeff AW ight Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, _i 33 By: f' .$dl !''` € -_ 11/09/2010 FRED W. COYLE, C IRMAN Recommend Approval: Marty Krumbihe' MPA Director Housing, Human and Veteran Services 2 WITNESSES t Witnesses-A1 Print Name (S { k } Win scs: Print Nam e STATE OF FLORIDA COUNTY OF COLLIER OWNER: Marie Nicole Joseph KIM kgIa z�/ / J WTI The going Agre ent wasknowledged before me this day of 2010, bye �� h who is, na y known to e or has produced `as proofoii�effritT. [NOTARIAL SEAL] L.Se of Person /faking Acknowledgment RNotary Public State of Florida Anna Vidaurn My Commission OD949401 Expires 12/30 /2013 • i • • 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 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 I7 I•I: INSTR 4496550 OR 4624 PG 1335 RECORDED 11/16/2010 3:06 PM PAGES 4 DWIGHT E. BROCK Return to Priscilla Doria COLLIER COUNTY CLERK OF THE CIRCUIT COURT Collier County H VS REC $35.50 3301 r:. Tamiand Troll Naples, Florida 34112 File# 10- 094 -IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 91h day of November, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Chimene A. Audige" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit `B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety -One and 26/100 Dollars ($14,591.26). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the • I i County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, this lien shall be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the I IN IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT 'BROCK, Clerk By: e uty Clerk as Approved as to form and le sufficiency: Jeff right Assist t County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By. 11/09/2010 FRED W. COYLE, C14AIRMAN Approval: Krumbihe, MPA Housing, Human and Veteran Services 2 WITNESSES Witness: Print Wit3e�sse�ys: rint Name Lo m - STATE OF FLORIDA COUNTY OF COLLIER • '• • OWNER: 1411 fc Chimene A. Audige Q OWNER: The foregoing Agrrneem t was acknowledged before me this /( day of ()c -(b 6r / , 2010, by r12J'M�,, tuc���z who is personally known to me or has produced as proof ofentity: 14YOR!`oe nq/ /9!J FJ 0. �i; ;M, r;„ ae, : ignature of Person Taking Acknowledgment AUU.2s,2014 Nc.EE13M • i :, 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 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 $14,591.26 4 Return to Priscilla Doria Collier County HHVS 3301 E. I andarri Trail Naples, Florida 34112 File# 10- 095 -IF INSTR 4496551 OR 4624 PG 1339 RECORDED 11116/2010 3:06 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 9th day of November, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Eliette Louis" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Forty Six and 26/100 Dollars ($15,246.26). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, this lien shall be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHV E. BROCK" Clerk By: �Q t1 L(`� . Weil aS Clerk Approved as to form and legal sufficiency: JefAF. iYright Assis nt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, a r � By: Ilk ddL. a.hJ yt11 /09/2010 FRED W. COYLE, CHAIRMAN Housing, Human and Veteran Services VJ WITNESSES Witne es: Print Name, rvt1 % Wi e ses: y'/jcwl�ti Print Name Wtqt1rti STATE OF FLORIDA COUNTY OF COLLIER OWNER: Eliette Louis WTHIa J I The fore oing Agre ent was acknowledged before me this day of 4LZ 2010, by who is y nown�o ltd or has produced as pro 00 0o f identity. [NOTARIAL SEAL] lgnature of Person Aking Acknowledgment a NNotary Public State of Florida Anna Vidaurn My Commission DD949401 Expires 11/30/2013 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 A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $116.06 $190.61 $424.14 $862.50 $1,907.85 $3,343.68 $7,725.00 $482.59 $193.83 $15,246.26 4 el O INSTR 4496552 OR 4624 PG 1343 RECORDED 11/16/2010 3'06 PM PAGES 4 DWIGHT E. BROCK Return to Priscilla Wria COLLIER COUNTY CLERK OF THE CIRCUIT COURT Collier County HHVS REC $35.50 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 096 -IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 9th day of November, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie Y Forestal" (OWNER), collectively stated as the "Parties" NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety -One and 26/100 Dollars ($14,591.26). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the 1 • County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, this lien shall be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk By: C '! eputy Clerk as Approved as to form and legaLsufficiency: Jeff 4 Wr' ht Assist ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: '{ ` "� '' 11/09/2010 FRED W. COYLE, C AIRMAN Collier County Housing, Human and Veteran Services 2 WITNESSES t s: P ' t Name �-- Witn ses: v 6,0,127 Print Name T i z iju STATE OF FLORIDA COUNTY OF COLLIER 2010, OWNER: ., 44 14 ; G r-9 Marie Y. Forestal OWNER: The'f�}regoing Agreement w s acknowledged before me this /( day of c her by Mryyfe �. Yores, -o who is personally known to me or has produced as proof of identity. "J"tpet1n1111NMy�, [NOTAR ..... A9 Signature of Person Taking Ac kn wledgment v •I, 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 F. Educational Facilities System Impact Fee $ 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 TOTAL IMPACT FEES $14,591.26 4 INSTR 4496553 OR 4624 PG 1347 RECORDED 11/1612010 3:06 PM PAGES 4 Return to D Priscilla Darin WIGHT E. BROCK Collier County HHVS COLLIER COUNTY CLERK OF THE CIRCUIT COURT 3301 E. Tamiami Trail REC $35.50 Naples, Florida 34112 File# 10- 097 -IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 9h day of November, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Richemond Noel and Simone Cine" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety -One and 26/100 Dollars ($14,591.26). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty-five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, this lien shall be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC°I� Clerk COLLIER COUNTY, FLORIDA, ZL r By:•_� -( By. 11/09/2010 3 eputy Clerk FRED W. COYLE, CRAIRMAN r! Approved as to form Recommend Approva : and legal sufficiency: Jeff right AicyKrumbid, kPA Assistant County Attorney Director Collier County Housing, Human and Veteran Services 2 WITNESSES OF BOTH SIGNATURES Witnesses: Print N W itne ses ? -- Prirff Name 6 La cu- STATE OF FLORIDA COUNTY OF COLLIER OWNER: X/ e/ Richemond Noel OWNER: Simone Cine The foregoing Agreeme(nt was acknowledged before me this it day of (r , 2010, by JatL6�jn,,, � I Llj t 1 r.O"k c 4,Jwho is ggjr ovally known to me or has produced X7 �- � � & F i � h as proof of identity. ` ` pFtA..... � M'��p�G 19 �1gnT Ho EE G: L] ,/`��� Signature of Person Taking Acknowledgment 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 $ 482.59 H. Law Enforcement Impact Fee $ 193.83 1. Water Impact Fee $ 3,575.00 J. Sewer Impact Fee $ 3,495.00 TOTAL IMPACT FEES $14,591.26 4 •