Loading...
Backup Documents 05/12/2009 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 D 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO . THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board 011ice. The completed TOuting slip lmd original documents are to be forwarded to the Board Oftice only after the Board has taken action on the item.) 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 oflbe Chairman's sie;nature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (Iine#5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service 7?-- 05/13/09 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 INFORMATION (The primary conta::t is the holder of the original document pending Bce approval. Normally the primary contiCt is the person who created/prepared the executive summary. Primary contact information is needed in the event one of dle addressees above, inclllling Sue Filson, need to cmtact statffor additional or missing information. All original documents needing the Bec Chairman's signature are to be delivered to the BCe office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 05/ 12/2009 Agenda Item Number l6D-2 Approved by the BCC Type of Document Agreements Number of Original 4 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed .-:tt 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 BCe Chainnan and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's 71- Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chainnan's signature line date has been entered as the date ofBCC approval of the -=1-1-.. document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan' s -q{ 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 in the BCC office within 24 hours of BCe approval. TI- Some documents are time sensitive and require fOlwarding 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 BeC on 05/12/2009 and all changes made during '7ff!-'~ the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms! Original Documents Routing Slip WWS Original 9'()3.04. Revlscd 1.26.05, Revised 2.24.05 ,.._,,=~.,~ '-^',",'_"'~'_"'--"'''_'_''.,..""...,'''~.''''''"""""",,"-'''''"~--'''-'-'" ..........."', Lu. 4295560 OR: 4452 PG: 2920 RBCORDBD in OPFICIAL RBCORDS of COLLIBR COUNTY, FL I Return to 05/15/2009 at 09:57AK DWIGHT B. BROCK, CLBRK RBC PEB 35.50 Frank Ramsey COPIES 4,00 Collier County HHS Retn: 3301 E. Tamiami Trdil CLBRK TO THB BOARD 2 Naples, Florida 34112 16D INTBROPPICB 4TH FLOOR File# 09-11S-IF BXT 7240 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this lih day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Nicolas Martinez and Juana Maria Estrada Martinez" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance) . In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eighty Seven and 08/1 00 Dollars ($14,987.08). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall 1 ~._----- '~"""H_.'__""'.' ,..,'_',,__""0___ . OR: 4452 PG: 2921 16D 2 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shaH 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 shaH be entitled to recover aH 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 shaH 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. BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA, By: ~ .J~ J ZOCf1 .Wt.M to Ck ONNA FIALA, CHAIRMA .t........ 0.;. > 2 ----_._._--_._-----~---_._--~~---_.._.__.._--_.~--_._-~-.--..---..--.--..-------. ----. OR: 4452 PG: 2922 16D 2 WITNESSES AS TO BOTH SIGNATURES OWNER: Witnesses: , . ,/; coLf s AI A/f71#G" Z ~\Oxkk.C). Cl.k"-'Clc.10 Print Name (\ '\ C I ~ \. I c, A 'lv'O(( ~d '-' Nicolas Martinez Wi~ OWNER: .5UC>lIA.J. /4.I!Clyic>.. kS t)~,rdC\ tlctrfJt1 t2- Print ame Juana Maria Estrada Martinez STATE OF FLORIDA) COUNTY OF COLLIER) The for:fingC(~ment was ac~edged before me this -2- day Of~, 2009, by ~\C ~ ~\JQ.f'O.. ~ who is personally known to me or s produced as proof of identity. ~ MY COMMISSIO 1010 exPllU!S: ~ 11. eo. '\;...:1 PI. NOIIIY Dl--"""'" '.tlll)03.NO'T .uv Approved as to form al: and legal sufficiency: ~~~ Colleen Greene Assistant County Attorney 3 *** OR: 4452 PG: 2923 *** 16tJ 2 EXHIBIT "A" LEGAL DESCRIPTION Lot 53, 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 3736 Justice Circle, Immokalee, FL 34142 EXHffiIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 4 -~~.~~-- L4 4295561 OR: 4452 PG: 2924 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL Return to 05/15/2009 at 09:51AK DWIGHT B. BROCK, CLBRK RBC PBB 35.50 Frank Ramsey COPIBS 4.00 Collier County HHS Retn: 3301 Eo Tamiami Trail CLERK TO THB BOARD "a pies, Florida 34112 16D 2 INTBROPFICE 4TH FLOOR File# 09-114- IF BIT 1240 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 1ill day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Favinel Sanon and Fanette Sanon" (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 cont1ict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Forty Two and 461100 ($12.442.46). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall 1 ~ ~_m_.__"__~._ -- ---_._._----_._,-_.----------_._-_.._---_._----_..._._~..-, M_~_' OR: 4452 PG: 2925 160 2 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: BOARD OF COUNTY COMMISSIONERS , - DWIGH!' E. BROCK; tJerk COLLIE COUNTY, FLORIDA, .. ~ ~~ E), rzfr{)rf1 By: DONNA FIALA, CHAIRMA 2 --,. """.-, - ~- ,-^.- ",~.~ OR: 4452 PG: 2926 16L1 2 WITNESSES AS TO BOTH SIGNATURES OWNER: i JLh/ I f'..1 t- L :s n /7 If"//( avineI Sanon OWNER: _hI- J/Fl-kM S' DL/7r1.81/7 Fanette Sanon STATE OF FLORIDA) COUNTY OF COLLIER) T~egOing ~ged before me this~ day of ~ ' 2009, by. ,~ 0 is personally known to me or has produced ~) as proof of identity. - [NOTARIAL SEAL] Sign #!VP~ AGNES MENDOZA ~ MY COMMISSION N 00594447 '\;..:; EXPfRES:S~12.2(jHl A . 01-.." AiiD. tJij. ... and legal sufficiency: ~~ -1J Colleen Greene arcy Krumbine, Assistant County Attorney Director Collier County Housing and Human Services 3 - TW - *** OR: 4452 PG: 2927 *** 160 2 EXHIBIT" A" LEGAL DESCRIPTION Lot 113, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, ofthe Public Records of Collier County, Florida STREET ADDRESS 3691 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Building Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 TOT AL IMP ACT FEES $12,442.46 4 -_._,- 4295562 OR: 4452 PG: 2928 LLf RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL Return to 05;15/2009 at 09:57AM DWIGHT B. BROCK, CLBRK RBC PBB 35.50 Frank Ramsey COPIES 4,00 Collier County HHS Retn: 16D 2 3301 E. Tamiami Trail CLBRK TO THB BOARD Naples, Florida 34112 INTEROPPICB 4TH FLOOR File# 09-117-IF BXT 7240 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1ih day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Francois Cherilus and Joceline Cheri lus- Clervil" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and suf1iciency 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 cont1ict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 081100 Dollars ($14,987.08). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall 1 '.~. ..,._....._...~-,._._---_.._- . OR: 4452 PG: 2929 terminate upon the recording of a release or satisfaction of lien in the pule gecQds o~ County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: ~" BOARD OF COUNTY COMMISSIONERS :~j ~. DWIGHT E. BROCKJ,'~lerk COLLIER COUNTY, FLORIDA, " " By: By: .~It'. ;t,I., 11onat... 'Oft",". 2 . OR: 4452 PG: 2930 16n 2 WITNESSES AS TO BOTH SIGNATURES OWNER: Witnesses: uL fR ~C MC'\ 5CHER\ ~t/ ~ "'-f'{\(t,d.!9 Cll~cL,--c 'c' Print Name \ '\ \c( --\.-\ l.('.. H hr 0.. { ruLo Francois Cherilus ' t Wit~ OWNER: 0(9 (?- (Jl/rLf! [' h/Vflll c/i,vi/ PrintN e . - ~~ Joceline Cherilus-Clervil STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was ackn~dged before me this L day of , 2009, bYHn.~~fJQCG~, ~Q~ personally knOWILto me 0 asproof of identity. S MENDOZA IJPSe~tr6 exPiRES: sc:ptllll'li* ' Co Si ~O#r:.I fl. NotIIY D11Q1ll1111""- - 1~.MO'l""\' Approved as to form and legal sufficiency: ~/~ y Krumbine, Co leen Greene Assistant County Attorney Director Collier County Housing and Human Services 3 T T . *** OR: 4452 PG: 2931 *** EXHIBIT" A" 160 2 LEGAL DESCRIPTION Lot 56, 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 3748 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 4 .~-- -.."..---"---- ._.- 4295563 OR: 4452 PG: 2932 Lu RBCORDBD in OPFICIAL RBCORDS of COLLIBR COUNTY, PL Return to 05/15/2009 at 09:51AM DWIGHT B. BROCK, CLBRK I REC PEE 35.50 Frank Ramsey COPIES 4.00 Collier County BBS Retn: 3301 E. Tamiami Trail CLBRK TO THE BOARD 160 2 Naples. Florida 34112 INTEROFFICB 4TH PLOOR File# 09-116- IF BIT 7240 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Magdala Dumay" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance) . In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eighty Seven and 081100 Dollars ($14,987.08). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall I ... ~ ~...", _.1_;' OR: 4452 PG: 2933 16D 2 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: ~\: ~, t. {~ BOARD OF COUNTY COMMISSIONERS DWIGHTE. BROCK.; Clerk COLLIE OUNTY, FLORIDA, By: I~ J~ IZ Ulf) ONNA FIALA, CHAIRMAN 2 "-_.. OR: 4452 PG: 2934 16D 2 WITNESSES OWNER: Witnesses: \'-r'('CL~*-Vl9\ C~l U(~(J0 \M~E; ~ JV\.-- <' l~_ Print Name ry'\ l~, ( 4. {, \C(_ A \ ' 'n,. 'l..eL-) Wim~ OWNER: Prin ame . -u.-tc.l.....l Cl-.- STATE OF FLORIDA) COUNTY OF COLLIER) The ~menl was acknowledged before me this ~ day of , 2009, by 0- ~O" ?1' ~ho is per"on<>lIy_known to me or as proof of identity. Signa Approved as to form Recommend Appro and legal sufficiency: ") ,. C~/1rt:rJJL , -{ Colleen Green~ Assistant County Attorney 3 - *** OR: 4452 PG: 2935 *** 16D 2 EXHIBIT" A" LEGAL DESCRIPTION Lot 54, 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 3740 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 4 . -~._-- ~ 11 ",.