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Backup Documents 02/10/2009 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIlJ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 60 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU ~ Print on pink paper. Attach to original document. Original documents should be hand delivered to tht Board Ollicc lhe complekd routing slip and original documents are to be forwarded to th..~ Board Oftice nnly aftl'r the l.3oard has taken actIon on the item,) ROUTING SLIP 111 Complete routing lines #1 through #4 as appropriate for additional signatun:s. dates. and/Of inli:mnatioll needed If the document is already l;omplete with the exception of the Chairman's si 'nature. draw a line throuoh lOuting lines #1 through #4. complete thl' dwcklisL and fon....an.l to Sue Filson (line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1.Frank Ramsey Housing and Human Scrvice '7f}C. 02/1 0109 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 contoct is the holder orthe original document pending BCe approval. Normally the primary contact is the persoll \'"ho creatc(Vprepared the executive summary. Primary conlr\et informalion is needed in the event one of~le addressees above, inclluing Sue Filson, need 10 cmlaet staff for additiollal or missing information, All nriginal documents needing the Bee Chairman '5 signature art' 10 be dclive~d to Ih\: Bee office nnly alter the Bee has acted !o approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 02/ I 0/2009 Agenda Item Number 16D-1 Approved by the BCC Type of Document Agreements Number of Original ~-- Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column. whichever is a ro riate. 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 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 RCC Chairman and Clerk to the Board and ossibl' State Officials.) All handwritten slrike-through and revisions have been initialed by the COllnty Attorney's Omce and all other arties exec t the BCe Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne fotiated contract date whichever is a licable. "Sign here'. tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired, In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the Bec oftlcc within 24 hours of Bee approval. Some documents are time sensitive and require forwarding to Tallahassee \vithin a certain time frame or the Bee's actions are nullified. Be aware ofyollr deadlines! The document was approved by the Bee on 02/10/2009 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (Inirial) N/A (Not A plicable) 2. 3. 4. 5. 6. 'ii '-7( 7L ~7f-. I: Forms! County Forms! BeC Forms/ Original DOI.:umcnts Routing Slip WWS Original 9,0304, Revised 1.2605, ReYLsed 2,24,05 ,v: \ File# 09-070-IF Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BIT 7140 4260565 OR: 4427 PG: 0379 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY. PL 0211212009 at 11:26AN DWIGHT B, BROCK. CLBRK RBC m cams 160 35.50 4.00 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples. Florida 34112 1 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 10th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Felix Chavis and Irma Isabel Ibarra" (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: 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 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 "8," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14,987.081. 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 160 .1 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 licn 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 Agreemcnt 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 oflicial records of the County at no cost to the COUNTY. C> ::<:I ~ ~ ......> -...] IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. ...", Q c::> (....> ex:> c::> Attest: . , "" . DWIGHT E.BROt:K; CiJerk mdJ;~.~/.' ,l By: , . .' . . .' D~pu Clerk at\.lt. to Ck'''' , 1.11I"'.'.,1.' . ..l. ',' BOARD OF COUNTY COMMISSIONERS COLLIE COUNTY, FLORIDA, . ! P I L - By:'J" ~ e;T;t. 0 DONNA FIALA, CHAIRMA WITNESSES AS TO BOTH SIGNATURES OR: 4427 PG: 0381 160 11 OWNER: Witnesses: '::f1 '\ ~ 0Jw c..uo.k Print Name 01o....-~ A~JC\(c-el~ 1t~~ Felix Chavis OWNER: ~~~~~ ~~ trfnt~ame ~ f/O)Qt..ei"-' STATE OF FLORIDA) COUNTY OF COLLIER) Th.>f~r~ing~~eeme~>>:as a<;!mowledged before me this 12-- day of ~ 2008, by ~~ ur~ is personally known to me or has produced ~:.Jlfoof of identity. : j C I . l ~o. ~~~~ Irma Isabel Ibarra owledgment Approved as to form and legal sufficiency: C~~ Assistant County Attorney Re~~mmend APToval: -d~M1A ~ Director Collier County Housing and Human Services EXHIBIT "A" *** OR: 4427 PG: 0382 *** 160 1 LEGAL DESCRIPTION Lot 126, 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 3767 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 Return to 4260566 OR: 4427 PG: 0383 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/12/2009 at 11:26AM DWIGHT B. BROCK. CLBRK RBC m cams 35.50 4.00 Frank Ramsey Collier County HUS 3301 E. Tamiami Trail :'laples. Florida 34112 Filc# 09-073-IF Retn: CLBRK TO THB BOARD INTBROFPICB 4TH PLOOR BXT 7240 16D 11 This spau' 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 10th day of February, 2009. betwecn Collier County, a political subdivision of the State of Florida (COUNTY) and "Micheline Brignol and Dachna Civil" (OWNER), collectivcly stated as the "Parties." NOW, THEREFORE, for good and valuablc consideration, the receipt and sufliciency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Codc of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fcc Ordinance" (Ordinance). In thc event of any cont1ict with this Agreement, the terms of the Ordinance shall apply. 2. The Icgal 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 tirst 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 "S," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 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 excced twenty-tive 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 OR: 4427 PG: 0384 terminate upon the recording of a release or satisfaction of lien in the public rec16fOe 1 County. The deferrals of impact fees and this Agreement shall run with the land, and neithcr the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as providcd by law, regardless of any foreclosure on the lirst mortgage or other security intcrest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant. mortgagee, or other pcrson, exccpt that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's rcquirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event thc OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days aftcr 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 arc then in default and immediatcly 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 intcrest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between thc parties with respect to the subject mattcr herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official rccords of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agrcement on the date and year lirst above written, Attest:, :" . ("I , DWiG'H'T E. BROCK, Clerk B:;-lkAj;~~t ," . ., Depu Clerk __ It. to t"tt..... . .t.......'., ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: WITNESSES AS TO BOTH SIGNATURES OR: 4427 PG: 0385 l6D 1 Witnesses: ~ ...f'(\t:lkkL.. l' Print Name '-fY\uri..hA. A tJo.(~D OWNER: ~!ltr~l~ fG~ Micheline Brignol weesses: ~ I < f\,,~~ ~~ Print Name v ~ \ r Q OWNER: D~C\JVUA (~\. ~\ \ Dachna Civil -- - - \ STATE OF FLORIDA) COUNTY OF COLLIER) Tire ~-.m,,", = ~Irnowl"'g'" bclOre me ilii, 1'tfA d" oi}ur~ , 20~8, b~ I '.. ~ ' who is person~lly ~own to me or has produced J . as proof of ldentIt\ ,.., /\ I / U ) . " . #."", VIRGINIA CANTU ~~ MY COMMISSION # D0594425 ~ EXPIRES_I2.201O J~1'NarAAY Fl. NotaIyDisoounI Asiioc. Co. Signa e of Person Taking Acknowledgment Approved as to form and legal sufficiency: ~~~ Assistant County Attorney Recommend Approval: j/ I-L ~ <-MarCY~MPA Director Collier County Housing and Human Services EXHIBIT" A" *** OR: 4427 PG: 0386 *** 16D 1 LEGAL DESCRIPTION Lot 123, 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 3755 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 1. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 Return to 4260567 OR: 4427 PG: 0387 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/12/2009 at 11:26AM DWIGHT B. BROCK, CLBRK RBC m coms 35.50 4,00 Fntnk Ramsey Collier County HHS 3301 L Tamiami TrAil Naples. Horida 34112 File# 09-072-IF Retn: CLBRK TO THB BOARD INTEROFFlCB 4TH FLOOR BIT 1240 160 1 Thi~ space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entcred into this 10th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Michclle Denise Canales" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agrec 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 trom the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall bc paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the retinancing of the dwelling unit; c) a loss of thc homestcad exemption; or d) the first occurrence of any sale or transfer of any part of the atTcctcd real property, and in any such event the deferred impact fees shall be paid in full to thc COUNTY not later then the closing ofthe sale, or not later then the etTective date of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14,987.08). Repayment shall include any accrued interest. Interest shall be computed at the rate of tive percent (5%) per annum, but in no event shall it exceed twenty-tive 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 thc 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 OR: 4427 fbOn88 terminate upon the recording of a release or satisfaction of lien in the public records of thc 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 bc transferred, assigned, or otherwise conveyed. Exccpt as provided by law, regardless of any foreclosurc on thc tirst mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lcssee, tenant, mortgagee, or other pcrson, 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 rccord any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and thc dcfault 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 delimit as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declarc that the defcrred impact fees arc 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 ca\culatcd on a calendar year basis until paid. 8. This Agreement is the sole agreement betwcen 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 ot1icial records of thc County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and ycar tirst above written. Attest: , DWIGHT E. BRocK (,;lerk <J> -' 7 ;"i ,;/~ -' (.! r; I. '.',[ I By: (~ /./~'(.,~li;:v" Itl...,lttec....DiP y Clcrk It..Qre' 6.h.." . BOARD OF COUNTY COMMISSIONERS COLLlE~R C;UNTY, FLOR;A,_ By: ' ~~, ...::/..L4 Gl/OJzIJi1'l D NNA FIALA, CHAJR~ WITNESSES Witnesses: '-1Y1QAH4.Cl!v~ Print Name l'ilar..l....<\.. A-IIJo.:rwJ.o WQtnesses: <! A.1V\Q. J <: QQn ^A.9 Print Name \ y n~ --L --n:cc, r Q STATE OF FLORIDA) COUNTY OF COLLIER) OR: 4427 PG: 0389 60 1 OWNER: The fQrm ~eementJ"I'PS acknowledged before me this ~ day of})oro_ J;,tu , ~ I~ K>..'.-,L ~~ who is personally known to me or has produced as proof of identity. /' . .. 2008, [NOTARIAL SEAL] JI!'" VIRGINIA CANTU ~ MY COMMISSION # 00594425 "'~:I' ExPIRES'_12,201O 14OO-J-NOTAlY Fl.NottlIyDi5oountAllkCo. Approved as to form and legal sufficiency: C~~ Colleen Greene/ Assistant County Attorney (~ re of Person Taking Acknowledgment Recorend AJPProVal: l... J---,~ 4/;;; Krumbin, P A Director Collier County Housing and Human Services EXHIBIT "A" *** OR: 4427 PG: 0390 *** 160 1 LEGAL DESCRIPTION Lot 125, 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 3763 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact 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 1. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 Return to 4260568 OR: 4427 PG: 0391 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL 01/11/1009 at 11:16AK DWIGHT B. BROCK. CLBRK RBC m coms 35.50 4.00 Frank Ibmsey Collier Count)' )-IHS 3301 E. Tamiami Tmil :'<oIaplcs, Florida 34112 File# 09-071-IF Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 1140 160 1 This spare for rerurdinJ..: LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING nWELLING UNITS This Agrecment is entered into this 10th day of February, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and ",Jose Guadalupe Gomez Vega and Margarita Ortiz Dc Gomez" (OWNER), collectivcly stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the reccipt and suftleicncy of which is mutually acknowledgcd, 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 contlict with this Agreement, the terms of thc Ordinancc shall apply. 2. The legal description ofthe 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 ofthc 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 dcferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14,987.08). Repayment shall include any accrued interest, Interest shall be computed at the ratc of five perccnt (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-compliancc with the Ordinance or with this Agreement. This Agreement shall operate as a lien against thc dwelling unit. The licn shall lbD 1 OR: 4427 PG: 0392 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 providcd by law, regardless of any foreclosure on the 1irst mortgagc or other security interest, this licn shall otherwise bc superior and paramount to the intercst in the dwelling unit of any owner, lessee, tcnant, 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 rccord any necessary documentation cvidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agrcement, and thc dcfault is not cured within 30 days aftcr written notice is provided to the OWNER, the COUNTY may, at its sole option, collcct the impact fee amount in dcfault as set forth in the Ordinancc, 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 ent(Jrcing this Agreement, plus interest at the then maximum statutory rate I()f 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 intcrcst. 9. This Agreement shall be rccorded in the official rccords 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. / 'C rd. . By:'J(i~J,-.I > / ' ." ,D Attest It to CIlt ,_ IftAlblil't,.,., .' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, ~ ~"~ DO A'fJ~A, B'( By: Attest: ; ,',. ' DWIGH'J'E'. BROCK;,Cierk , .; WITNESSES AS TO BOTH SIGNATURES OR: 4427 PG: 0393 lQU I: OWNER: Witnesses: Print Name - I (1 ~o"'>e. G.w.d", ~-.J""",,,,'L. Jose Guadalupe Gomez Vega ~ OWNER: J.\.,,~~ ~\(). Orb, C\)( Marg . a Ortiz De Gomez -, (~omel Print STATE OF FLORIDA) COUNTY OF COLLIER) [NOTARIAL SEAL] owledged before me this d day of /Jt? f --/ , o is personally known to me or has produced fofidenf y. Th 2008, b P!'~ AGNES MENDOZA ~~ MY COMMISSION # DDS94447 ~ EXPI,=,=12.20IO Ap :~~ to . ,_0>. and lCle y. Recommend Approv I: Clfl~~~~ Colleen Green Assistant County Attorney , cy Krumbin , Director Collier County Housing and Human Services ~J EXHIBIT "A" *** OR: 4427 PG: 0394 *** 160 1 LEGAL DESCRIPTION Lot 124, 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 3759 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 1. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 Return to 4260569 OR: 4427 PG: 0395 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 02/12/2009 at 11:26AN DWIGHT B. BROCK. CLBRK RBC m COPIBS 35.50 4.00 I<rank Ramsey Collier County III1S 3301 Eo Tamiami Trail Naples, Florida 341 t2 File# 09-069-IF Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BXT 124 0 160 1 Thi.s spal~c for rCl'ording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 10th day of February. 2009, betwcen Collier County, a political subdivision of the State of Florida (COUNTY) and "'Romener Baptiste" (OWNER), collectively stated as the "'Parties." NOW, THEREFORE, ror good and valuable consideration, the receipt and suf1iciency or which is mutually aeknowledgcd, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 ofthc Code of Laws and Ordinances of Collier County, Florida, known as 'The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event or any eonf1ict 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 Agreemcnt is from the date set forth abovc 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 homestcad cxemption; or d) the tirst occurrence of any sale or transfer of any part of the ailected real property, and in any such event the deferred impact fees shall be paid in rullto the COUNTY not later then the closing ofthe sale, or not later then thc effective date of the transfer. As sct forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14,987.08). Repayment shall include any accrued interest. Interest shall be computed at the rate of tive pereent (5%) per annum, but in no event shall it excced twenty-fivc percent (25%) of the total fee amount. 5. The deferred impact fees shall bc a lien on the property described in Exhibit "A," which lien may be foreclosed upon in thc 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 OR: 4427 :t60~6 terminate upon the recording of a release or satisfaction of lien in the public rec?rds 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 tirst 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 taxcs, 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 undcr the Ordinancc 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 decIarc 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 al the then maximum statutory rate for judgments calculated on a calendar year basis unti I paid. 8. This Agreement is the sole agreement between the parties with rcspect to the subject matter herein, and shall be binding upon the OWNER'S succcssors and assigns in interest. 9. This Agreement shall be recorded in the ot1icial records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreemenl on the date and year tirst above written. , i'I\. Attest.: . DW;!GHT E, BROGK;,Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, " B/ . '7U:&i,-LCt I&t&.at is." ~.....' i'ep .t...... .., v By: ..-/ 1 WITNESSES OR: 4427 PG: 0397 160 1 OWNER: Witnesses: I ':f1\~ W-u~ Print Name t--\()(~ A\~ 'I(, Romener Baptiste Witn~ vA ,J,J")C>- prinf(~~D.Al1~ STATE OF FLORIDA) COUNTY OF COLLIER) OWNER: 2008, edged before me this~ day of ~ ' ho is personally known to me or has produced roof of identity. ......., AG 'LA ~~~ MY COMMISSION # 00;9:; ~ EXl'tllES,~t2.2 ~,,~ PI. NotIrY D1IGLU1I)1.w:1;. Co. lolOO4.Naf,UV Approved as to form and legal sufficiency: OC.~~ Colleen Greene Assistant County Attorney Recommend Approval: cy Krumbine, Director Collier County Housing and Human Services ~ PA J EXHIBIT "A" *** OR: 4427 PG: 0398 *** 160 1 LEGAL DESCRIPTION Lot 121, 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 3729 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 Fec $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilitics System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450. I 8 1. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08