Case ID #28303 INSTR 6579876 OR 6387 PG 2667
pAlcenat,gregory RECORDED 8/8/2024 8:55 AM PAGES 4
Return to:Michelle Rubbo CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Community and Human Services COLLIER COUNTY FLORIDA
3339 E.Tamiami Trail
Building H,Suite 211 REC$35.50
Naples,Florida 34112
Case ID 28303 This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
AND RELEASE OF DEVELOPER FROM LIEN AGREEMENT
This Agreement is entered into this day of 01.Q , 2024, between Collier
County, a political subdivision of the State of Florida(CO TY) and Wilkens Pierre Louis & Judeline
Octave (OWNERS), 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). The provisions of The Collier County Consolidated Impact Fee Ordinance are
enforceable as part of this Lien Agreement as if its provisions were fully stated herein. 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 than the
closing of the sale, or not later than the effective date of the transfer. As set forth in Exhibit"B,"
the amount of the deferred impact fees is Twelve Thousand Six Hundred Seventy-Six and
32/100 Dollars ($12,676.32). 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
1
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
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. The Lien Agreement for Deferral of 100% of Collier County Impact fees for Owner Occupied
Affordable Housing Dwelling Units between Collier County and recorded in Official Records
Book 6337 and Page 590 of the Collier County Office Records is hereby canceled and
discharged.
9. 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.
10. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY.
SIGNATURE PAGE TO FOLLOW
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
BOARD OF COUNTY COMMISSIONERS
COLLI COUNTY FLORIDA,
By: S! i L4
Amy Patt r on, County Manager Date
(Authorized by Article IV of Chapter 74 of the Code of Laws and Ordinances)
Approved as to form Recommend Approval:
and legalit •
Carly nseverino is i So tag
Assistant County Attorney Director, Collier Cou
Community and Human Services
WITNESS OWNER#1:
W'`n ss #1:
i /11)ZkPil"<qi.7N./te— 4..c
Print Name( l \ 'N re,` � Y Wilkens Pierre Louis
Address (QLO (\I. N 'itl{h k •
= mOv: \te, CL . 31-1a 2
WITNESS OWNER#2:
Witness #2
tc ,
P in Na e Ju line Octave
Address
L
STATE OF
COUNTY OF
The re oin instrument was acknowledged b ,fore me y�means of h i r4,ti€
a ce or online notarization this
dayof g 2024gby NI`KQs � 4 'rk,Su /(4hP Such person(s) Notary Public
`fnust check licable box:
`�\e`,tllll 11ll/!/,1 ❑ are personally known to me.
\\'` N.Y.D oNnZ•iFR/ %, roduced her current driver license.
„� Q'.• \ss E. • .•-
_— ; oc s = ❑ produced as identification.
P'Notary fte r0 �"• /
gym:
1� v'.(3,•, sondedk\`‘ e: ��\ N tar Pub a /-741 yy���
\i67 BL1 5►,1 oe\\\\` Comm ss Notary:
ion NumberNa e of a _
My Commission Expires:
3
EXHIBIT "A"
Parcel ID/Folio Legal
No. Street Address City, State Zip Description
Kaicasa Phase
52659920686 2296 Bahay Loop Immokalee, FL 34142 One Lot 17
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS $67.50
B. Government Buildings $443.94
C. Jail $228.91
D. Law Enforcement $296.56
E. Libraries $159.78
F. Community Parks $455.20
G. Roads $6,950.00
H. Regional Parks $1,230.24
I. School $2,844.19
TOTAL IMPACT FEES $12,676.32
4