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Case ID #28331 INSTR 6579901 OR 6387 PG 2764 Return to:Michelle Rubbo RECORDED 8/812024 9.04 AM PAGES 4 Community and Human Services CLERK OF THE CIRCUIT COURT AND COMPTROLLER 3339 E.Tamiami Trail COLLIER COUNTY FLORIDA Building H,Suite 211 REC$35.50 INDX$1.00 Naples,Florida 34112 CASE #28331 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 roc t 2024, between Collier County, a political subdivision of the State of Florida (COUNTY) and Juan Falcon Rangel and Joanna Fedrowitz-Falcon(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, Habitat for Humanity of Collier County, Inc., recorded in Official Records Book 6338 and Page 3284 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 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. 2 Attest: BOARD OF COUNTY COMMISSIONERS COLLI R COUNTY, FLORIDA, By: / PiOVI/LOITY\--- 6/Le ( Z4 Amy Pai�grson, County Manager Date (Authorized by Arti e IV of Chapter 74 of the Code of Laws and Ordinances) Approved as to form Recommend Approval: and legality: Carly S erino Kri ti Sonntag Assist County Attorney Director, Collier C ty Community and Human Services WITNESS OWNER#1: Witness #1: „v..; ,`..— ,j--- G -� 7._ 1 Print ame Juan Falcon Ran el a L�Ilh�te � Rang el / z7!. "—rani 6 c �n I /i Cc-t C iVe,, P-G 3 y//� WITNESS OWNER#2: Witness #2: / .__- Print Name rvk 6 I /i/Z nna Fedrowitz alcon Address / i 771 t t '7 I' i s L YL 4// STATE OF 1 L-0 (Zc O.A COUNTY OF Cc L.L.= e_ The foregoing instrument was acknowledged before me b �p eans pfjhysi al presence or ❑ online notarization this 1 f day of .w Ae ,21C 4, by_-__ U ,rl A( To Ka1119,iiel '*- . Such person(s) Notary Public must check applicable box: c all r1CX EzAnkro W I'-I z - foA,cD+'•- a--are personally known to me. ❑ produced her current driver license. produced r 0 as identification. (Notary Seal) /2-'7..---71 ``a,,,,,,pmn,nnnn4p,,� Notary Public MA LAL/ `�J��• •••••••�F.Q Printed Name o otar • r to • ;�0�p,RYPUe<0.,..� - Commission Number: K K y 3 I j c/ My Commission Expires: 8 t - •Zc1 - Z)2-6 IS MY COMMISSION EXPIRES 8-29-2026 I SS.•OF FLO •,tio, ;� I,,,,,,,, •1,,..0000 EXHIBIT "A" Parcel ID/Folio No. Street Address City, State Zip Legal Description 5829 Opportunity Circle Whitaker Woods a 81750001941 #2503 Naples, FL 34112 Condominium Unit 2503 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