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Agenda 06/28/2011 Item #16D 2 6/28/2011 Item 16.0.2. EXECrTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign seven (7) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from Habitat for Humanity of Collier County to owner occupants with a continuing fiscal impact of $100,355.46. OBJECTIVE: To approve and authorize the Chairman to sign the attached seven (7) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants. CONSIDERA TIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, applications for dcferment were submitted by program participants, which applications, after staff review, were deterrnined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing, Human and Veteran Services. The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-40 I (3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee defenals for affordable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enter into the Agreement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attomey"s Office has detennined that until directed otherwise by the Board, these agreements routinely be placed on the consent agenda for the Board's review, approval and Chairman's signature. Approval of this agenda item will continue the deferral of 100% of Collier County impact fees for the following owner occupied atfordable housing dwelling units. Please note that these agreements will transfer previously approved deferral agreements from Habitat for Humanity to owner occupants. As such, no new money is being deferred at this time. Martine Oesinor 10-107-IF Lot 19. Rc cription Deferral Deferral Being Amount Replaced al Acres $14,591.26 OR Book: 4514 PG: 2934 .-- Li berty $15.246.26 OR Book: 4514 ing PG:7832 - gal Acres $13,981.67 OR Book: 4514 PG: 2974 gal Acres I $13,981.67 OR Book: 4514 i PG: 2954 gal Acres $14,591.26 OR Book: 4514 PG: 7946 - gal Acres $13.981.67 OR Book: 4514 PG:?978 Applicant(s) Jesus Garcia and Nancy Rosas Jerry L. Sliger and Deyanira G. Sliger -2 File N b Legal Des urn cr -- 10-100-';f-Lot 9, Reg 10-I06-IF Lot 135, Land ~-~ Jennifer A. Taylor 10-108-IF Lot 14, Re~ Bernite Lorcy 10-I09-IF Lot 12. Re Marie M. Thomas IO-IIO-1F Lot 20, Re Packet Page -780- 6/28/2011 Item 16.0.2. Myrielle Charelus I 10-1] I- IF l~ot 17, Regal Acres F981.67 OR Book: 4514 PG:2966 FISCAL IMP ACT: These agreements will continue to defer in total $100,355.46 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. This item requires a simple majority vote. - JW STAFF RECOMMENDATION: To approve and authorize the Chainnan to sign the attached seven (7) lien agreements for deferral of] 00% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from Habitat for Humanity to owner occupants. PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human & Veteran Services Packet Page -781- 6/28/2011 Item 16.0.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2. Item Summary: Recommendation to approve and authorize the Chairman to sign seven (7) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from Habitat for Humanity to owner occupants with a continuing fiscal impact of $100,355.46. Meeting Date: 6/28/2011 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Services 6/2/2011 8:48:56 AM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Services Name: DoriaPriscilla 6/2/2011 8:48:57 AM Approved By Name: AlonsoHailey Title: Administrative Assistant.Domestic Animal Services Date: 6/2/2011 9:35:48 AM Name: KrumbineMarcy Title: Director - Housing & Human Services,Housing, Human & Veteran Services Date: 6/3/2011 II: 1 0:59 AM Name: RamseyFrank Title: Manager, Housing, Human and Veteran Services Date: 6/3/2011 1 :26:34 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Packet Page -782- Date: 6/3/2011 2: 16:00 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 6/10/2011 3: 11:3 7 PM Name: RamseyMarla Title: Administrator, Public Services Date: 6/15/20]] 3:23:04 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 6/16/201] 11: 18:25 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2011 1:50:3] PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 6/17/201 ] 2:22:33 PM Name: OchsLeo Title: County Manager Date: 6/] 9/2011 10: 18:36 PM Packet Page -783- 6/28/2011 Item 16.0.2. INSTR 4368966 OR 4514 PG 2934 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 6/28/2011 Item 16.0.2. Return to Frank Ramsey HHS 3301 E Tamiaml Trail Naples, FL 34112 File# 10-047-IF This space for recording LIEN AGREEMENT WlTH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I st day of December, 2009, between Collier County, a political subdivision of the State of Flor~Q~y) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) col1ectiv.,e(v "~~~~(.'P~ies." / ...f;;/' ----<:. ~., NOW, THEREFORE, fO;"'!lQ.&'l/imd valuable cons~:riill~, the receipt and sufficiency of which is mutual1y acknowledged, t~P.IDbes agree-iiS.fjpllows~\ ~ 1. This Lien Agreement isract'm~~~~'t~ Code of Laws and Ordinances of Collier County, Florida, ~~ (:,=):;jje~u\y :tor~lldated Impact Fee Ordinance" (Ordinance). In the evkiv any co'nirc: wit1\~his ~eetfle'~t, the terms of the Ordinance \.<, \ j,'k 1':::,-; shal1apply. '>1-'>1"(j /7 2. The legal description of th;;~~n!,- unit is attachesW.~~~lbit "A." ",/..~'-0',./ 3. The term of this Agreement is frOJ!l~5~!l:i's' Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shal1 be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninetv One and 261100 Dollars ($14.591.26). 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 unites). The lien shal1 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 Agreemcnt shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first 1 Packet Page -784- OR 4514 PG 2935 6/28/2011 Item 16.0.2. 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, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and ------ assessment as set forth in the O,immtf~ 1'tr Qi'~gt7-ci~1 action to enforce this Agreement, or declare that the deferred impatir~~~iii:~.jf~1t'and immediately due and payable. / L/ "r"' \ The COUNTY shall be .cn'titleilcto--fCCover all fees an~ costs, including attorney's fee and / / 1/l_=. ----,II .\ \ costs, incurred by the .cO~TY ili'\enf6rcin this A~ement, plus intcrcst at the then . r fi,/?\ld\.!'Q\ ,!\ \"\~O!-l ')' d db' '1 'd maximum statutory rate W (u ~\ntJ J c,~<!le' i i _ca1en ar ay aSls unt! pal. DEVELOPER will sell ~e1h\i~pe'tsoos'~ legtsllrtUs~i<11 be verified, documented and \r-'\ 'm! I.~f kept on file at the office\.p!,Housing and Hum~'llervic~~1f the developer fails to comply \.,,, \ 1,{ I /' \..,.'/ with the terms of the agree'ttlfilt'Or the unit ceases iO:bf ';"(ilized for affordable housing, or is ".." f ) "'''''- _/..~ )" / not sold to legal residents, the ful(~~9'flt;et1lf(i!::t~)mi:>act fees shall be immediately repaid to the County, including all applicable lfiteresrafia penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'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:. ,),. r:.I', '. DWIGHT E. BROCK, Chirk -.. " '- ..' .I' ,-~ .~-....-...__. '.' .'. .. ~ .', -. ' .' '-. '=- ,,: '.-- "~.' BF - .... '(-" :/~!.L\">' ~tttst.1I ~ -.ClIt ....'. >..'. -~~ SfllMttlr-.60l1J .'> BOARD OF COUNTY COMMISSIONERS COLLIEi~' FdD,A_ By: Yh-: ~1/2009 DONNA FIALA, Chairman 2 Packet Page -785- OR 4514 PG 2936 6/28/2011 Item 16.0.2. BY: WIlNESSES: ~ Print Name: (\) Ie\<- \<r\u ~~(-'''4S -------=---- / / 'ER COrA> '!:::- -"Vl-" ~I "<(~ STATE OF FLORIDA ~.n~~ COUNTY OF COLLIER ~ ~, ? \ The forgoing instrument aCc'l<flO~d~a)Qfoie ~hi c1 Z day of ('J,:.+ ) 2009, by Samuel J. Durso, M.D. as piesldtt~fia1iitdt to~ani fOOer County, Inc., who is personally known to me or 1l,i~t6ctm;6d ~, ,_ , l6::ds identification.- \'~\\ ;. I /:.:,! (NOT ARlAL\~li.4.~" \7\ . J I}...-,I?,= '" ",~~r-. lOI'l~""', ~r~Si ature ofN;,ta..y-J>'ublic ...... .... ........,~'lt.~ (J.. ~,'~/ .:-~O...~OTA~~~ ,-^'::. Jh ". y.' \'\ ~,. '-..-y.o;. -f'/', ~L--) ~ . .~~, ~fI' -, " :: : I.IYComm ox' ~ <--: ~.- ': ( rF :: : AJJgUSI2920P",,:O= . OIJ?"?v.. L- /. - . N "0.- ; ". o. DO 590338 : :: Print Name of Notary Public -:'~...o .. ~ '1o-r.;l'^-..!Jsuq..'^,," ,$' ..",,~(:- .... d'V'''' f'If" OF FLO" \\" ""Jrllltll\\\'.: Approved as to form and legal sufficiency: Recommended Approval: ~-l arcy Krumbine Director - Housing and Human Services ~~ Colleen Greene / Assistant County Attorney 3 Packet Page -786- *** OR 4514 PG 2937 *** 6/28/2011 Item 16.0.2. EXHIBIT" A" LEGAL DESCRIPTION Lot 9, 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 10263 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP. Act~!;it J{~l<pQWN /' :V'\':'-----------": ~V/'~ .0',;/ ~ I~, / L// ...."-.."" \ .' , \ Type ofImpaet Fee I / c,----.- \ \ 1/.;.lL-~-,-i\ \\ I I \ /-- \ \ \ A. EMS Impact Fee (' 17::\l@'/ID\'V7\')' B. Correctional Facil ti'es. .. t.kct E~ J ~:, U.! t 1.....\ ,~. ._ \'-".-'\ ((, )/"-'1/ C. Library Impact Fee \.;.6 \ ...;:,'-ir ; / ~i \ I..... \. \ ",_; ,/.\.....,' \'1 :::... '''/ \". / D. Community Parks Impa'cY13e~~.. //<,\,/ '. I. . .___..___/. \..' / ,.....Ijf" CIY!.\',/ E. Regional Parks Impact Fee ""'-_~:"""-:-' Amount Owed $116.06 $190.61 $424.14 $862.50 $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 Packet Page -787- INSTR 4368931 OR 4514 PG 2832 RECOROED 12/3/2009 10:29 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 6/28/2011 Item 16.0.2. Rtturn to Frank Ramsey HHS 3301 E Tamiaml Trail Naples,FLJ4112 File# 10-035-IF This spaee rOt recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 151 day of December, 2009, between Collier County, a political subdivision of the State of F~~COJJNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) COll,ti~~~i~S." NOW, THEREFORE, f;rgg'iit'lilld valuable co~.lr;rti~n, the receipt and sufficiency of which is mutually acknowledged, tl ~ jes agr_a~IOWs~~ ~ 1. This Lien Agreement is7ma/e7~u ~. e1:~~f C~de of Laws and Ordinances of Collier County, Florid~ ,~nru('4e)cJl i dOUnC~)idated Impact Fee Ordinance" (Ordinance). In the evbnf ~f any ~ WIt this Agrei:~t, the terms of the Ordinance shall apply. \~ . J;{k:,,[!/61 2. The legal description ofth~~p:;;, unit is attach.5d~t~~bit "A." 3. The term of this Agreement i?'fFQifu:.~\i(' Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fifteen Thousand Two Hundred Fortv Six and 26/1 00 Dollars ($15.246.26). 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be forecloscd 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(s). 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 from. Except as provided by law, regardless of any foreclosure on the first I Packet Page -788- OR 4514 PG 2833 6/28/2011 Item 16.0.2. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notiee is provided to the DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and ------'- assessment as set forth in the Or\lina!t'te..R>r(!?q!.9t:ll-civil action to enforce this Agreement, or /~\>_----.,-~' /V ~ declare that the deferred impad\ s are then in defa~ and immediately due and payable. 'U ".; \ The COUNTY shall be llti;\e~e-r"oo~~f!;es ari" co's;s, including attorney's fee and costs, incurred by the /COUNTY ili\enfOrcinlL lWhiS A 'reeclent, plus interest at the then . : j~(7\\ 1"-1,1\'1 '\ ~,\ \1 d db' '1 'd maxImum statutory rate1?r lju~9men~ fa 7\1 ate It. c, en ar ay aSlS unt! pal. DEVELOPER will sell \hec~hit::t6p~~.{,k,t leg ,latui:}Vi1l be verified, documented and \.r~\ ""7., i / ::-:-'; kept on file at the office,o,f~llousing and Hum~'ke?,i;eC}f the developer fails to comply with the tenns of the agre~~ht>()r the unit ceases tof-l5e~ti{ized for affordable housing, or is "" () r'~ /-' <." / not sold to legal residents, the fult~Jfl} ,,{t\~:~~/mpact fees shall be immediately repaid to the County, including all applicable mteresr::rnd penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'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:"': A '.'~: 'r.n~ . .. :, ttest: ',-{:;":"""'l} . ,.:" DWIGHt'E.'BROCK,~Clerk .~' . .- ; (811'j;11: 1\t=s By::'r~., ;.- ,"'. . ILI-,:,~>-'. ; ..,~" '.". " ,'" AttKt....toCM sIQII.tm'0!i1IwJ" , BOARD OF COUNTY COMMISSIONERS COLLIE OUNTY, FLORIDA By: d~qW1/2009 DONNA FIALA, Chairman / 2 .,,,," Packet Page -789- OR 4514 PG 2834 WI1NESSES: 6/28/2011 Item 16.0.2. ~ Print Name: IHcl{ RCJ"IoJ,..n:7J Pridt~~~: ~~ ~p h \ STATE OF FLORIDA COUNTY OF COLLIER ~~ The forgoing instrument WaS)ICKtJ.~~~ot~:,.this / '" day of ("):0 f , 2009, by Samuel J. Durso, M.D. E)S;1.'~\ilMnt for Habitatf{)v1Iymanity of Collier County, Inc., who is personally known to me or hai p'roflii'ced ~ \ as identification. , l /~r-~ \ \ . Ut.-~ t~CC a ~-- ' , , t::J ii" "'^, "1J Print Nam~fNo(aiY Public \1- . 'Li/(.; ~ r' ~,\/ ". J P __-<\..':. / "'-....?.2! E C\~~;Y' - ~~\~/~ SEAL] !<.,~.... :f\)~ H. J.f~;q,,~ ;;:.~ 't>.~ ......... TT~ ~ $:...v.....Ol Ai/;.... ~~-a :::~P~' .........>"~ i ! MYCOMM.O::PlRES.~ So ~ ; JUlY21.lG1G : E S \ No. 00 57B8B5 : 6 \, ... A G l ;:: ~<l', '" (fB' \ " ^"'i ~-;;, '. v.' ~'" "J>->.:....._.... ~ ~~~- .,~.."~/; OF F\..~\,,"~ 111,'1II11111111ll\''\\ Approved as to form and legal sufficiency: (I j)&oo,~J)_ Colleen Greene Assistant County Attorney iF-- Recommended Approval: ~~l~ -< -Marcy Krumbine ,/ Director - Housing and Human Services 3 Packet Page -790- *** OR 4514 PG 2835 *** 6/28/2011 Item 16.0.2. EXHIBIT" A" LEGAL DESCRIPTION Lot 135, 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 3803 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" ,~------.----- IM~A,~\~ QJ~~!>WN /~:O>//-----'<~J'-.'" i \....),/ ''\. \ Type ofImpact Fee / '-'----. ...,,~ ',Amount Owed ! /w.~~\ \ A. EMS Impact Fee (~@O~)D"\ VI \ B. Correctional FacilitieS\~p~@e\,-=-j l~ 3f)~ C. Library Impact Fee ,.,-\. \C'l r i....'1 \'4\\ ."1:1':'( ,I /C'; \I./.'-. " , ' '-// (I D. Community Parks Impact 'F''''~};'~--:---:-C<:'S:/ E. Regional Parks Impact Fee "<iDL~// F. Educational Facilities System Impact Fcc G. Road Impact Fee H. Govenunent Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Packet Page -791- $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 INSTR 4368976 OR 4514 PG 2974 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 6/28/2011 Item 16.0.2. Return to Frank Ramsey HHS 3301 E Tamiami Trail Naples, FLJ4112 Filc# IO-057-IF This space for rrcording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of F]o~~.~Y) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collecJi'l'~;~_bI!!.(j~es." / (', '\.. /' ~ /.',".". NOW, THEREFORE, for'fl9t>iVand valuable eonSldetatWn, the receipt and sufficiency of which is mutually acknowledg!ct, ti l;J!. !Csagre&a4:>~ow~\ \ 1. This Lien Agreement is!mad~u ~~~r C~de of Laws and Ordinances of Collier County, FlOrid~ kn!{wp as, " e,C IIi Ol~tYfa,lnsatdated Impact Fee Ordinance" \n\~ ~d It-'I (Ordinance). In the ev\~~~ any con lCt WIt lt~ i\;, grr!l,;<el1t, the terms of the Ordinance shall apply. \-N~ ''\~_o \~~- ~)' \ 2. The legal description Ofth~'~Fi~~. ~tJ<(bit "A." 3. The term of this Agreement ii-fro~ae.er~;til?Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 671100 Dollars ($13.981.67). 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 unites). 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 Agrecment shall be transferred, assigned, or otherwise conveyed from. Except as provided by law, regardless of any foreclosure on the first I Packet Page -792- OR 4514 PG 2975 6/28/2011 Item 16.0.2. 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 bc 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, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten pcrcent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Or;linaii~~"i~il action to enforce this Agreement, or / < \.~\-----...:JV^' declare that the deferred im. pa\ttll'ees-are then in -'deTault' and immediately due and payable. / L';/ ',.,..- \ The COUNTY shall be erttitled:-4fr-TeeOVer all fees a~d costs, including attorney's fee and ! / lA--= -------J1 \ \ costs, incurred by the CO~ i~fO~~g ~hiS A~ement, plus interest at the then maximum statutory ra{e fpr j~d~,Q~.j' c'jlc~:5:of?' 1.c~\endar day basis until paid. . I.~.I\.\")' \. /1~,. ,-.I . DEVELOPER WIll sell the'umWl5'personsWliGSe leg ,statu~l11 be venfied, documented and \r-\ \'5f i /-../ \' ~ ' i,. ! i .......- i kept on file at the office\~JF'\using and Hum~~eryi~.~~.3)f the developer fails to comply with the terms of the agreerriiilt;'<lr the unit ceases t('{be 'utilized for affordable housing, or is - ~" ",,- ./' A / . -"""- "j~" '-~ ....-/ ,~'j .., not sold to legal resIdents, the fulf~?'1flYi~~.unpact fees shall be Immediately repaId to the County, including all applicablelilterest'l\ild penalties. 8. This Agreement is the sole agreemcnt between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'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 COLLJflE OUNTY, FLO~lD~ ~~~..., By' 12/01/2009 DONNA FIALA, Chairman 2 Packet Page -793- OR 4514 PG 2976 6/28/2011 Item 16.0.2. Collier County, Inc. BY: I 'Samuel J. Due 0, M.D. President WITNESSES: ~\CK \<("Ju.lo"(-'..-<1.5 J1dj~k~~~ !::'n:~~ /~' - ~~\\ COUNTY OF COLLIER ! I/'''\( ')7 The forgoing instrunientira a oAd!!fllj;J~ei'P!l,1I1i a. 3' day of Oc.+ ) 2009, by Samuel J. Durso, M.D. as Pl-esident~r a~t fb~man~O:pliqr County, Inc., ~ personally known to me or ~~~ed '--:::::./ ~! ! 1s~identification. \~\\ ~/; /-......, ./ [NOTARlALSEAL] \\'1>/\ ~~ A% <'f'.~ S' nature ofNDfa,yIiublic \\\\,""11"'1111/ \.. 0 /~\C;;; '/ ,"\, ORA. 7" "", ""Z..2'P . flJj!)< \..) / ,,~,"..'7<>" I)}.[._.-,,, \...// L 1 $~'l?-."if\.RY .'. 1/0'-_ _ ,-.- ~~.o .. ":. --. 01/)10- .. . So:..:;f t:1.'QWl."..-:. i: 0: .",,,,. ~c\c: ;: Print Name of Notary Public :: z: \tl~..,\ ~~"~~~ : _ E ': .. r"""" o'=l.~'IJ'" ""'''' ~ .. ~o, ,'4.:.f!2$ ~ .'. PU'2l".' O~~ ~'-': ~i"""'~\;~''''' ~'''I: .i!t 7"E of \",,,, 11111'11111\\'\ Approved as to fonn Recommended Appr val: and legal sufficiency: ~~ Colleen Greene - Assistant County Attomey \- ~~ rc Krumbine Director - Housing and Human Services 3 Packet Page -794- *** OR 4514 PG 2977 *** 6/28/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 19, 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 10303 Kingdom Court, Naplcs, Florida 34114 EXHIBIT "B" ---------:------- IMP A\3\ mE BIg6l{DOWN /:6';':>>~::_'----:~''/~'1 I( / "~r / "/ " Type of Impact Fee / / ~'--~-,r", '\ \ / l ~\'-'" I, \ \ A. EMS Impact Fee ( rrrm fID~Y\ \ B. Correctional FaCil~~\~E5~'~ lr 11 It! \.,- \ ''J,. ) ,: .~ I C L'b I \ /.', \" I !....' I . 1 rary mpact Fee, '> \ <\";.,. ;' ;',.1 "I~.,J ". '.\ l." \ /"\ ' ..........~.i / --, \....r ",. ~, '- / D. Community Parks Impa~:fr~_~_~_<(<'>/ -"ilfF cn'L // E. Regional Parks Impact Fee '---'--...:.:..__':-/ Amount Owed $116.06 $190.61 $424.14 $862.50 F. Educational Facilities System Impact Fee $1,298.26 $3,343.68 $482.59 G. Government Building Impact Fee H. Law Enforcement Impact Fee $193.83 1. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES $13,981.67 4 Packet Page -795- INSTR 4368971 OR 4514 PG 2954 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 6/28/2011 Item 16.0.2. Rdutllto Frank Ramsey II11S 3301 E Tamiami Trail Naples. FL 34112 File# IO-052-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Flori~CQgNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) cOllec.t~~~~(~~i~." NOW, THEREFORE, f~~~d valuable co';;i;~fa~n, the receipt and sufficiency of which is mutually acknowledged, tfe' ~..w~ ilg~s..f~Ows:'\ ~ 1. Thid-irn Awrnm,"uJm~!'4-PfJr C(j)de of Laws and Ordinances of Collier County, FIOrid~ ~+~:!,(~<}1il reo tiC~)idated Impact Fee Ordinance" (Ordinance). In the ev~~ of any c~ Wit. this . gr~e~t, the terms of the Ordinance shall apply. \~ \ . *'t //5/ 2. The legal description of the ~~ing unit is attached%{:'xhi'bit "A." " ~'):'---------<"S' / 3. The term of this Agreement is'f;~l.fi'S Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13.981.67). 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 unites). 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 from. Except as provided by law, regardless of any foreclosure on the first 1 Packet Page -796- OR 4514 PG 2955 6/28/2011 Item 16.D.2. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Orc!jna~ [~8?7'civil action to enforce this Agreement, or declare that the deferred imoo;;;~~;;;;;-i;:;-"~~'and immediately due and payable. / Ci'/ ".r \ The COUNTY shall be entitled-{{H"-eGQver all fees ana. costs, including attorney's fee and / / k..",~ ~-.I\. \ \ . costs, incurred by the ICO}5N~ m 'Iell:fiii:.c~g ~~~'l-f7ement, plus mterest at the then . , t/' d.,f7'\\l Q ~U'\ \ d db' '1 'd maximum statutory rale _ R.r fU ~\n7 J I crte J ~'r a) .cal en ar ay aslS untl Pal. DEVELOPER will sell ~?-~it-t~ersmlB"'WMse~.ega1'fat+~!l1 be verified, do~umented and kept on file at the office \Z~~.?,usmg and Huma~~~('I~;.bl' the developer falls to comply with the terms of the agreehlen).....oz the unit ceases t~'l?e utilized for affordable housing, or is "h.', /\'i..'/ not sold to legal residents, the ful.!.~1J1m~~~jmpact fees shall be immediately repaid to the County, including all applicabkmterest1lfiO'penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'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 'Nritten. Attest: " ~.c'^ <. DWIGHTE.:I3R:oeK, CierI( ....:';' ".--:.. <' BOARD OF COUNTY COMMISSIONERS COLLIj/10UNTY, FLORJDA By: y~ d~/01/2009 DONNA FIALA, Chairman By:~ . . - ',' . " ."......_~ Atttst\llI. toCM~ S 1 ""Itn '()(!It".':.. .,'/ W'" ,. ,:Jt::l'.l' 2 Packet Page -797- OR 4514 PG 2956 6/28/2011 Item 16.0.2. BY: WITNESSES: ~. Print Name: (\) Ie\<. \<t'lU lnl",,>'4.$ [NOTARIAL SEAL] \\\\\UIIII"I/# ~,,,\ ... LOb "~ ~,..tl.r- 'fA I"" ~~~'.'."''''''''Jo..''''' SO,,'~OTAIij!.'~'';' S~.. '.\<\~, ~ . MyC II t;':. :: : Au ammo expires' 0 :. :: ~ gust 29,2010: :: ;. I. folo. DO 590338 : = ~cJ'l I, .1 ;: ',0;;;>' . PUBLIC '''''' ~ "';,-?>-,!. .,' roo' ~ ...", ~.l:. ..... .o..'v..... ''''11/ OF FLO~\,\,' 1111111111\"\\\ r- toQQfl()1~ Colleen Greene Assistant County Attomey Recommended Approval: YLJ yfa y Krumbine . Director - Housing and Human Services Approved as to [onn and legal sufficiency: 3 Packet Page. 798- *** OR 4514 PG 2957 *** 6/28/2011 Item 16.D.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 14, 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 10283 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP ActfM {!"ijtf<DPWN /'c9~~~}.\ Type of Impact Fee / / ,~ '\ \ I /l"-~~ ''-----.."'. \' A. EMS Impact Fec ( . ./~ .~O~)~~D ~W\ \ B. Correctional FaCili~k\I~ lfJ \ f /~ I \.-\ \~ ' ;......./ \. . " I i-- C. Library Impact Fe~(>\ ~~;.. ! /~/ \ t'..i '\ '\, ( /~..... '/ \~/.:,~" -')'/i...-'/ D C . P k I '. j ~ /. / . ommunrty ar s mpac,l1,ec. /~\'\ / .~.:::- /' ,/:---------:.\_'1 ./ " ,I J r ('1'> \ / E. Regional Parks Impact Fee"',-.:.~.~.>/ Amount Owed $116.06 $190.61 $424.14 $862.50 G. Government Building Impact Fee $1,298.26 $3,343.68 $482.59 F. Educational Facilities System Impact Fee H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES S13,981.67 4 Packet Page -799- INSTR 4368969 OR 4514 PG 2946 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E, BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 6/28/2011 Item 16.0.2. Return to Frank Ramsey HHS 3301 E Tamlami Trail Naples, FL 34112 File# 10-050-IF This spate for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florid~TY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collect~<iM~~~i"s." NOW, THEREFORE, fOf/~<9):i;;~aluable ~~~ektlQn, the receipt and sufficiency of which is mutually acknowledge/' t~P!IDies agree-as.fI1Hows\ \ 1. This Lien Agreement is ~a~d \J~~B:' ~\ \ ~ cdfe of Laws and Ordinances of Collier County, Florida'l ~ as ThJ Ie' ou~ for~lidated Impact Fee Ordinance" (Ordinance). In the evenr' f any con Ict WIt \,this t\gree~'i:9t, the terms of the Ordinance \'~.~ 1t i /.....f shall apply. \~.~ 't"C~.C; 2. The legal description of the d{"e\ljng unit is attachec\.. 1;~bit "A." '---?f:'~ \"/ 3. The term of this Agreement is ~Jial!ancq~SiS'Agreement until six (6) months after ~~ issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impaet fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impaet fees is Fourteen Thousand Five Hundred Ninetv One and 261100 Dollars ($14,591.26), 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 unites). 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 eonveyed from. Exeept as provided by law, regardless of any foreclosure on the first I Packet Page -800- OR 4514 PG 2947 6/28/2011 Item 16.0.2. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and -------:----- assessment as set forth in the Ordi""~, Pr lii.'ifil(,R,'ei\,il action to enforce this Agreement, or declare that the deferred imp~~;f~i?>d~Rt'1t'and immediately due and payable. / U/ "'-: \ The COUNTY shall be entitleu,-t<r-ri:eQver all fees and. costs, including attorney's fee and I / 'i~_~------r \ \ costs, incurred by the ,to}lN.....r.r. in~6l;f~ng Jis ~~' em'ent, plus interest at the then . I ti/ /"'SJd ( n '\ a\ Ii'> 1"0, \ d db' '1 'd maximum statut~ry ra1~_, ~ au J\intf )Jc~e~) ( , ,e~1 en ar ay aSls untl pal. DEVELOPER WIll sell ttie"tNl~-'ne~~ legaftstl!tus'WI,H be verified, documented and '---T t' "" I '...... \. , /; , I',! kept on file at the office \"!';!1~.using and Hum~t~(ryi~~bjf the developer fails to comply with the terms of the agreeidiiL'Qr the unit ceases toile ~tilized for affordable housing, or is not sold to legal residents, th~t;'U'~~r,.;;;:i~/p~ct fees shall be immediately repaid ~ I'} t: C It<- ..:;:/ to the County, including all applicablemferest1lnd penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'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: ,.." ..,. ..- . ~,~ ,..r. ~ .,- DWIGBT' E. BROCK:>. Clerk ~':"""':""\' ""(. _ ::;. '~.' :'" c~-,~ .... -~:~ B'y':;. ". ,:'. c, '~ ' ,~. "'. -,,: -"1 ..:"~ . "..". _ '-I' -\.''-,:1 _ :-" ~'U 'to 'i$i'~ f . "" " , , \1IIIt;ri'OlI'..,~:':;.t,~ ~ ." {, - ,- , . BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA By: ~~01/2009 DONNA FIALA, Chairman 2 Packet Page -801- OR 4514 PG 2948 BY: WI1NESSES: ~K [NOTARI~.~L] \,\\\ II" ,..\' ?-- LORA~~"', ... ~ ...... '.t'. '-" $'~ .\-\OTAR~'.;7~~ $0.' ,,v;:' ...<>' . .0" = : My Camm. Expues . : ;: : August 29. 2010: = ::. ~ No 00 590338: ~ '\. ',' ..~S ~..r...".. pue\.\C"'~$ ',...'~"":'.' ,.' O~~... "'II~_C:- OF or\,.: ......,,,, IllIIm,I ",,,\\ Approved as to form and legal sufficiency: ~~~ Colleen Greene Assistant County Attorney \<rll~ \t:lh",,.-as 6/28/2011 Item 16.0.2. o11ier County, Inc. (r Recommended Appro al: L --" arcy Krumbine Director - Housing and Human Services 3 Packet Page -802- *** OR 4514 PG 2949 *** 6/28/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 12, 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 10275 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" --~._-- IMP AC.1T\fjlt 1fR~l{;DOWN /;\)~1\lf\ /(0;;"'- --..~,. / 1.-.'/ '\ Type of Impact Fee;i . / ~ .- '1 \ . ,/ Ui-~ ---..; \ A. EMS Impact Fee ( (r(7f) '~D ~11 B C,m""M! F~iU,:!\l.J.1 Ip\Y I tJ \'. \ ~. \ /'~I C. Library Impact Fee\;:!:\ -?,'.'i;- (' / ~-! , I .". '\ " /_"- / \"'r~' --Y/~./ \ ~ ~,/- / D. Community Parks Impactl'..:~,,-,<\"/ ,::/. I-'--.....----.~-'\..-" " ". , I-f'~ '. ' fZ L ';::/' E. Regional Parks Impact Fee ~_~,_/ Amount Owed $116.06 $190.61 $424.14 $862.50 $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 S14,591.26 4 Packet Page -803- INSTR 4368977 OR 4514 PG 2978 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 6/28/2011 Item 16.0.2. Rdurnto Frank Ram3ey HUS 3301 E Tamiami Trail Napl~s. FLJ4112 File# IO-058-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 st day of December, 2009, between Collier County, a political subdivision of the State of ~~y) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collecti.ye~;S~~f~1\)rties." /: ,V/"" -" \' /.' ~ NOW, THEREFORE, f;(Ii.9)1'and valuable corund~l~n, the receipt and sufficiency of which is mutually acknowledg.ed, th'e t~ ~as_(bI~ow~. \ 1. This Lien Agreement iJma'e'f\lm~~~r C~de of Laws and Ordinances of Collier County, Florid' ~~(~:~J~c)J~ou~.tyf~lidated Impact Fee Ordinance" (Ordinance). In the evci1t bf any ~ ~~his ~gr~t, the terms of the Ordinance shall apply. \~~ ~Yf,)! 51 2. The legal description of the '~e):j~.;mit is attache~~'l'<F:~kibit "A." ",'f:'-,,~\J~/ 3. The term of this Agreement is 'fr.Qrn.n!;.nanc"~'f-tluS Agreement until six (6) months after --.::...~ issuance of the certificate of occupancy for the dwelling unites). 4. The amount ofthe impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units arc sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/100 Dollars ($13,981.67). 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 unites). 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 from. Except as provided by law, regardless of any foreclosure on the first 1 Packet Page -804- OR 4514 PG 2979 6/28/2011 Item 16.0.2. 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and --~-- assessment as set forth in the Orqj~C1E,1Qr (?r~lfir-civi1 action to enforce this Agreement, or declare that the deferred im.pa~ft;~i~in::ddi~t''llnd immediately due and payable. . 1.-/ "r" \ .' ,,-<-: '" \ The COUNTY shall be ~illitle~~ all fees and\cos1s, including attorney's fee and ! / us_-=: -0\ \ \ costs, incurred by the ,cO~TY i;;'\.enf6~~g .!his t~reenlent, plus interest at the then maximum statutory ra{e <rt;P;~Talc~~~1 ~ ,calendar day basis until paid. DEVELOPER will sell ke- ~~&;PersbrtB'~leglltuGwih be verified, documented and \,\ 1:. i /~/ kept on file at the office'..~~,~using and Human,\~~(i~,ec;:Jf the developer fails to comply with the terms of the agree'm:fn~::Z:he unit cease~.;~~ .,Iized for affordable housing, or is not sold to legal residents, the fWt~m-et?~~unpact fees shall be immediately repaid to the County, including all applicableli:ltCrestmia penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'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: . DWI?HT:E.'BRQ9K, Clerk BOARD OF COUNTY COMMISSIONERS COLL?p.COUNTY, FLOfID: ~d'~ By: 12/01/2009 DONNA FIALA, Chairman 2 Packet Page -805- OR 4514 PG 2980 6/28/2011 Item 16.D.2. ollier County, Inc. BY: WITNESSES: ~ Print Name: (\)\cK \~(')U \n\-'PY45 ~ . /~% P' ame: ~~\ STATEOFFLORlDA~ UI_....._ \~ \ COUNTY OF COLLIER ~~\./~ 'i? The forgoing in ent a a O@d . . ti e fhi . 3' day of Ce.:\- ) 2009, by. Samuel J. Durso, M.D. as P~sid ntlfor a~t maD! Qfc;qw~r County, Inc., ~ personally known to me or ~"~ed ~ ,- J/ zr i en 'fication. \,..,., ..;). \',.' i ' [NOTARIAL SEAL] \;,.-p . .0,/ 't,\\\\\'O"R"'A""""" \j....r . gnature of .' ,f:ny)''ublic ", \. "'..;>'''' "!,.J '-""--::-.Y !~:.~c)-{i-R'Y"'{~ ~ IJ~C:'';/t. t ::0: 't:j.~\le$.::' ~._ E - ~ :::z: \.11 co"''''' to\o ~ :: MY! ~ E : ",gu'~;9~~~6: $ Print Name of Notary Public ;. -. w~.IJ\J .'~S -;.; I, ~\o.'~':- ~ -', PU~"".' ~-~ ". tS\r; ......y.\".O..., "',,<"tre of \"""" "1111I11111\'\ ~~ Colleen Greene ....... Assistant County Attomey Recommended Approval: l~~~\A~ Director - Housing and Human Services Approved as to form and legal sufficiency: 3 Packet Page -806- *** OR 4514 PG 2981 *** 6/28/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 20, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Publie Records of Collier County, Florida STREET ADDRESS 10307 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" .~_.---~----- IM~,4.~f~ l!Ig:6KD,OWN /~,\/ ;.::.-----<jv J>~ I<~~.// '~,J--.. ,"'/ ' I . , Type ofImpact Fcc I / ~--~c- \ "\ / ~/ "'~""L 'F~ \ \ \ A. EMS Impact Fce ( ~ - . '1/ I B. Correctional Faci~~ '~:XID JJ[TI)~) \ ',..- , ,< ,.., , C. Library Impact Fe<\) \ ~''ir- / / ::::;'/ \I..J/\ 1\,1/::.\...,/ \."l~ ~,~ -;1/. \...- i D. Community Parks Impac:tJ,~,,_<\\// -,.., -r.---~.\. / " Ir' C\\-,l :/ E. Regional Parks Impact Fce -.<------.!.:...~.-/ Amount Owed $116.06 $190.61 $424.14 $862.50 F. Educational Facilities System Impact Fee $1,298.26 $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fec $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $13,981.67 4 Packet Page -807- INSTR 4368974 OR 4514 PG 2966 RECORDED 12/3/2009 10:51 AM PAGES 4 OWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 6/28/2011 Item 16.0.2. Return to Frank Ramsey HilS 3301 E Tamiaml Trail Naples, FL 34112 Filc# IO-055-IF This space for recording LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 151 day of December, 2009, between Collier County, a political subdivision of the State of Flor~01ft:lTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collecliY'eJi\M.R1 CiMc~es." /,"v ~--, < ~ ):- ~ NOW, THEREFORE, fi'@'nlt:-and valuable coisi<!~tion, the receipt and sufficiency of which is mutually acknowledg~d, t;;( ~rties ilgI'ee--as-fo~ows\ \ 1. TW, Li~ ^",~m~' ,j...i~w cld, ofL.m "" oro;,_~ of Collier County, FIOrid~ ~~(~cJlh ou:rYlc~~lidated Impact Fee Ordinance" (Ordinance). In the ev~~\'f any c~t 'WIt Jhis Jt>.gr~~t, the terms of the Ordinance shall apply. \Y!: \ . ~\.) /OY 2. The legal description of the t;~.mg unit is attache.d~'xnibit "A." ",. 'P~/....j'/ 3. The term of this Agreement i~'ftQ..~;\.l}i{ Agreement until six (6) months after issuance of the certifieate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eight One and 67/1 00 Dollars ($13,981.67). 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 unites). 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 from. Except as provided by law, regardless of any foreclosure on the first I Packet Page -808- OR 4514 PG 2967 6/28/2011 Item 16.0.2. 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, including, but not limited to, a full or partial release oflien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Oyina~~ W ~~.~ action to enforce this Agreement, or declare that the deferred imp{<;J)~~n"d~atit"and immediately due and payable. / U? "f" \ The COUNTY shall be et1titIei\:-!o-rtlCover all fees an'd, costs, including attorney's fee and I / 1,,-=, '------J1 \ \ costs, incurred by the ,cOPJ:!TY in~\enio~~ ~hiS A5}reement, plus interest at the then maximum statutory r+ ~~{?,'M)jlC -ale~r ~ c c1endar day basis until paid. DEVELOPER will sell tJ\e'u~it,:tti.q)ers\mB"'wOO~e legJ-5tatu~i1I be verified, documented and 1\ I "'I, I /::::01 k~Pt on file at the office%I~,USing and Hum~~~1~/~!f the developer fails t~ comply WIth the terms of the agreel1\en~'{)r the umt ceases t01:?e'lJ.Jt1flzed for affordable housl11g, or IS '-.'):-"'" /,.,/ not sold to legal residents, thefti!.(a.m. Qltnt-e. HleIeiTed'1mpact fees shall be immediately repaid <:~ j,t E CT\ZI..:;/ to the County, including all applicable Ulterest'llnd penalties. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'S successors and assigns in interest. 9. This Agreemcnt 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: DWIGJ.:!'f B;Bl\OCK; Clerk .;.,.' '''.'. o.J':>, .....'. " ,. '" ,. ByJ; _ -0 .' . ~." '..';;J.' .. .' . AttKtu\t-",'iMhiwi.. ;. ,', ,} " .,'~v, "...' " "1~.~1.'t~, ..' '''. '. ,..<':".1. CJ:':II'o,"':;s;) . ',..;< u,;,> . BOARD OF COUNTY COMMISSIONERS COLLI~OUNTY' FLORIDA Jc- ~ C,/~ By: 12101/2009 DONNA FIALA, Chairman 2 Packet Page -809- OR 4514 PG 2968 6/28/2011 Item 16.0.2. BY: WITNESSES: ~ l\)\CK \<(')u\n\""Y45 JdJkJ J t7 ~ ),J..:;:iiRCoo^" Ve:~Ov~%~--'~j: STATE OF FLORIDA 11'u..~-'~\~ COUNTY OF COLLIER I ! ~ ~ The forgoing instru~entiFa a O~d~JJl~e . ';~ . '5 day ofOc+ } 2009, by Samuel J. Durso, M.D. as p~eJ.i.#nt\for!.l~~mam df~r ~om:ty. I~c.. ~ personally known to me or IM\~S"\~. d ., ,::~s IdentificatiOn. $0~\ / ---'1/ [NOTARIAL SEAL] '7 ~ .. I ~ \\\\\'''11111"", \~1- _ Si ature 0 N~Yublic ~ "", \..ORA...,. '''''~ G /:\ '/ "~"''?-'''':Fr~..-9$'''''' ~.? ~C'$/ { ~~,,::,o'~ , ...O~ ""V liE 4f\z____/ T ~o: l:.y.~\les\ ~ ---'::"'_tS;Jzl";/?'1o.. -- :z: lMcotnm. to\O. = ~ ~ ~u~u.\ l~9~~~~: ~ Print Name of Notary Public -;. . \'\0,00 ..~:: ~. t"., i::!~ ~ ... pun\.;i-!(> ~ ~1:,,;..~:,.,t1. 41 '("'0\...,.... 1'1,,"'171: Of ,\,... "UIII,,,I1\\" Approved as to form and legal sufficiency: Recommended Approval: () \ A,~ ~~l\ Director - Housing and Human Services UJJ ~om.- ~ Colleen Greene ' - Assistant County Attomey 3 Packet Page -810- *** OR 4514 PG 2969 *** 6/28/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 17, 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 10295 Kingdom Court, Naplcs, Florida 34114 EXHIBIT "B" ....-,--.-- IMP).Cl\,t&t I!~"'~OWN /i\)~DJ\t~ /(p/ ~(J)\ Type ofImpaet Fcc / /. " ~ \\'\ I /;./!--= ~.\ .' i ~\. ,__ \ \ A. EMS Impact Fee ( ~mCD~-') ~\\!,1\ ) B. Correctional Faci~t~i\~f~/ l:t ~ ) t! \- .. " I ! -- I C L'b I F,.-" 'cl . !,. . . 1 rary mpact eel,_ '."" \ .- ~ .'. i .......-. I \..->..1 \ '\ '\, / /.I....}! \'f-.'i- ~/ \../ D. Community Parks Impacr3.~,_ /\" / .......,....1- .).,-.~____".,.\..:, ~",/ " 11f/' --\yl /' E. Regional Parks Impact Fee "'<.....:::.J:-:.-/- Amount Owed $116.06 $190.61 $424.14 $862.50 G. Government Building Impact Fee $1,298.26 $3,343.68 $482.59 $193.83 F. Educational Facilities System Impact Fee H. Law Enforcement Impact Fce 1. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMP ACT FEES S13,981.67 4 Packet Page -811- 6/28/2011 Item 16.0.2. Return to Priscilla Doria Collier County IllIVS 3339 E. Tamiami Trail NapJes, Florida 34111 File# 10-100-IF Tbis spate for recording LIEN AGREEME!\IT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 28th day of June, 2011, between Collier County, a political subdivision of the State. of Florida (COUNTY) and "Jesus Garcia and Nancy Rosas" (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 "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. Ibis 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 Packet Page -812- 6/28/2011 Item 16.0.2. County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreemcnt 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 owncr, Icssee, 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 Agreemcnt's requiremcnts, COUNTY shall record any necessary documentation evidcncing 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 duc and payable. The COUNTY shall be entitlcd to recover all fces 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 judgmcnts calculated 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 Agreemcnt shall be recorded in thc official records of thc County at no cost to the COUNTY. IN WITNESS WHEREOF, thc Parties have executed this Agreement on the date and year first above written. Attcst: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: FRED W. COYLE, CHAIRMAN , Dcputy Clcrk Approved as to form and al sufficiency: .. !l y Krumbine, irector Collier County Housing, Human and Veteran Services 2 Packet Page -813- WITNESSES OF Born SIGNATURES ~~ ({-~ Print Name em a.it,.,,,- 1\. ~r:;.k Wi~res: ~ ~. 47c'" Pl'fntName ~J&t;",-,- t~i~- '", STATE OF FLORIDA COUNTY OF COLLIER 6/28/2011 Item 16.0.2. OWNER: J~5()S Cc.r c i co J eSllS Garc ia OWNER: .) to (NV\- C ~ Nancy Rosas ~P\ 2010, The foregoin~greement was acknowledged before me this d.::L- day of No U ~,..t.", , by Jc..)<>;> <(,,,, <\. N~", ~;><Who is personallv known to me or has produced - as proof of identity. [NOT 3 Packet Page -814- 6/28/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 9, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records ofCo1lier County, Florida STREET ADDRESS 10263 Kingdom Court, Naples, Florida 34 114 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 $ 482.59 G. Government Building Impact Fee H. Law Enforcement Impact Fec $ 193.83 1. Water Impact Fee $ 3,575.00 J. Sewer Impact Fee $ 3,495.00 TOTAL IMPACT FEES $14,591.26 4 Packet Page -815- 6/28/2011 Item 16.0.2. Return to Priscilla Doria Collier Conaty HHVS 3339 E. Tamiami Trail Naph~l. Florida 34112: File# 10-106-IF This space for ncordiDg LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 28th day of June, 201 I, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jerry L. Sliger and Deyanira G. Sliger" (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 Ordinanees 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) ther;i~~cing 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 annwn, 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 Packet Page -816- 6/28/2011 Item 16.0.2. County. The deferrals of impact fees and this Agreement shall run with the land, and ncither the dcferred 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 AgrcemenCs 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 providcd 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: _~ /'>, - ('I f ___ - -_____"'-- Recommend Appro al: ) L..J Ie E. ~right I Ass! ljlnt County Attorney ~. Ma y Krumbine, PA Director Housing, Human and Veteran Services 2 Packet Page .817- WITNESSES OF BOTH SIGNATURES Wit~~i ~ Print Name ~ <ljes~ 11 0 J] JI'-~ PnntN;;;~ -~~(~:A. {f;St'o."-" STATE OF FLORIDA COUNTY OF COLLIER 6/28/2011 Item 16.0.2. Q;ER . , A J I ,/,> J. A J ITY L. ,..fax& '0 - ;QR: . o '() Y} A /lJ1 eyanir~. Sliger ~~A, The foregoing Agreement was acknowledged ~~.forenre-TIils- It day' 0 2011, by Jerry L. Sliger and Deyanira G. Sf Jlr,wno is pe~son~lly known to me 0 [NOTARIAL SEAL] .- "',.~- i'~'~ Nota. ry ~Ub. lie Stall of FlOrida . . Anne Vidaurri '\;.-' ~ My Commltsron OD~940' 0""#1"" e"Pire.12/3012011 'Y ------_._.__.~.__._-_.._..~-_._.._-------- - 3 Packet Page -818- 6/28/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 135, 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 3803 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact 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 G. Road Impact Fee $3,343.68 $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforccment Impact Fee $193.83 TOTAL IMPACT FEES $15, 246.26 4 Packet Page -819- 6/28/2011 Item 16.0.2. Return to Priscilla Doria Collier County HHVS 3339 E. Tamiami Tnil Naples, Florida 3411% File# 10-107-IF Tbi! spact for recordiag LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 28th day of Jillle, 2011, between Collier COilllty, a political subdivision of the State of Florida (COUNTY) and "Martine Desinor" (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 COilllty, Florida, known as "The Collier COilllty 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 illlit 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 arnoilllt 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 Thirteen Thousand Nine Hundred Eightv-One and 67/100 Dollars ($13,981.67). 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 pereent (25%) of the total fee amOilllt. 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 terminate upon the recording of a release or satisfaction of lien in the public records of the 1 Packet Page -820- ---~~~_._.------_._- 6/28/2011 Item 16.0.2. 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, mottgagee, 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 solc option, collcct the impact fec 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 reeover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreemcnt, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Ab'Teement is the sole agreement between the patties with respect to the subject matter hcrein, 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 Patties havc cxecuted this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLfER COUNTY, FLORIDA, By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to fonn and Ie ufficiency: right County Attorney Recommend Appr val: , A Krumbin , Director Collier County Housing, Human and Veteran Serviccs 2 Packet Page -821- 6/28/2011 Item 16.D.2. WITNESSES WitnefJ P1 ~ fL. / ff)/ Print Name ----rx'I'. :Va,e In. \ OWNER: .i14a~JL~\"{ tlL-.----:. Martine Desinor OWNER: Wi~n ;;.~"'. /'7. ~ i-l" pfint ame /'--J :"'~ . _ L).(.. T~;/ STATE OF FLORIDA COUNTY OF COLLIER 201 I, The foMing Agree:!)! w.as acknowledge.d before me this ~ day of by "1,1,."".,."",' ,who IS personally known to me or as proof of identIty. /) 3 Packet Page -822- I 6/28/2011 Item 16.0.2. EXHmIT"A" LEGAL DESCRIPTION Lot 19, 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 10303 Kingdom Court, Naples, Florida 341 14 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact 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 $ 1,298.26 F. Educational Facilities System Impact Fcc $ 3,343.68 G. Government Building Impact Fee $ 482.59 H. Law Enforcement Impact Fee $ 193.83 I. Water Impact Fcc $ 3,575.00 J. Sewer Impact Fee $ 3,495.00 TOTAL IMPACT FEES $13,981.67 4 Packet Page -823- 6/28/2011 Item 16.D.2. Return to Priscilla Doria Collier COllnty lUIVS 3339 E. Tamiami Trail Naples, Florida 34112 File# 10-108- 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 28th day of June, 2011, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jennifer A. Taylor" (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 v.-ith 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 rcfinancing 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 Thirteen Thousand Nine Hundred Eightv-One and 671100 Dollars ($13.981.67). 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 cxceed 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 Packet Page -824. 6/28/2011 Item 16.0.2. 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. Exeept 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 COUl'.'TY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to cnforcc this Agreement, or declare that thc 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 hy 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 O\VNER'S successors and assigns in interest. 9. This Agrecment 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA, By: , Dcputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and Ie ufficiency: right County Attorney / M rcy Krumbine, Dircctor Collier County Housing, Human and Veteran Services 2 Packet Page -825- 6/28/2011 Item 16.0.2. WITNESSES Witnelt,tfJz- Print Name i)r: Or 111~'1 OWNER: ~ ~ " JYI /Y1J1 ~ jenni A. Taylof Q~r OWNER: STATE OF FLORIDA COUNTY OF COLLIER 201 I, The fyregOint AgrAme:::t;as,acknowledged bcfore mc this ~ day of AA,..", by (' Q'1"'; t'I '. 'ilor , who is persol]ll.lIy know~ to me ~ as proof of identity. &- \.ORA-}'; ~",..........>9,(" [NOT '~~~"':VO ~ ,..~-- I- +. ; t.rttOIAM,W\RES \ : AUS.21,20\4 i \ No.E!1aun ; ... p v.+ sr c.P~ .... lJB\.;:.... ~ "1~.OF.~&:: 4// ::2 l; /: .., -,'~/ ",'. ~.t!.t-r. .. ~ hL .? ./ Signature of Pcrson Taking Acknowledgment 3 Packet Page -826- 6/28/2011 Item 16.0.2. EXnmIT "A" LEGAL DESCRIPTION Lot 14, 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 10283 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $ 116.06 B. Correctional Facilities Impact Pee F. Educational Facilities System Impact Fcc $ 190.61 $ 424.14 $ 862.50 $ 1,298.26 $ 3,343.68 S 482.59 C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fcc G. Government Building Impact Fee H. Law Enforcement Impact Fee $ 193.83 I. Water Impact Fee $ 3,575.00 J. Sewer ImpactFee $ 3,495.00 TOTAL IMPACT FEES $13, 981.67 4 Packet Page .827- 6/28/2011 Item 16.0.2. Return to Priscilla Doria Collier COUdty HHVS 3339 E. Tllmiami Trail Naples. Florida 34112 File# 10-109-IF This space Cor 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 28th day of June, 2011, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Bemite Lorcy" (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; e) 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 Ninetv-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 shaH 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 Packet Page -828- 6/28/2011 Item 16.0.2. County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agrccment shall be transferred, assigned, or otherwise conveyed. Except as provided by law, this lien shall be superior and paramount to the intcrest 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 Agreemcnt's rcquircments, 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 dcfault 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 attomey'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 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 official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the datc and ycar first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to fonn and Ie al sufficiency: Recommend Approval: 1 ~ .LJ Je E. right Assi ant County Attorney . Ma y Krumbine, A Director Collier County Housing, Human and Veteran Services 2 Packet Page -829- 6/28/2011 Item 16.0.2. WITNESSES rtw::;f 74~ Print N e e.Yy/ till lorl"" OWNER: ,( ~C)HI'~<\t.. ~~ Bemite Lorcy OWNER: STATE OF FLORIDA COUNTY OF COLLIER ~"Z- gnature of Person Taking Acknowle gment 3 Packet Page -830- 6/28/2011 Item 16.D.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 12, 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 10275 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" UMPACTFEEBREAKDOWN Type ofImpact 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 Entorcement Impact Fee $ 193.83 1. Water Impact Fee $ 3,575.00 J. Scwer Impact Fee $ 3,495.00 TOTAL IMPACT FEES $14,591.26 4 Packet Page -831- 6/28/2011 Item 16.0.2. ReturD to Priscilla Doria Comer CouOh' lUIVS 3339 E. Tamiimi Trail Naples, Florida 34111 File# 10-11 0- IF This spice 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 28th day of June, 201 I, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie M. Thomas" (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. Thc 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 Thirteen Thousand Nine Hundred Eighty-One and 67/100 Dollars ($13,981.67). 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 dwe11ing unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the 1 Packet Page -832- 6/28/2011 Item 16.0.2. County. The deferrals of impact fees and this Agreement shall run with the land, and ncither 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 licn 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 C01.JNTY 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 ycar 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. L'" WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Recom;nend Approv' I: ( Jeff . Assist ~ .~ ,L--Y right County Attorney t\.j.l\ y Krumbine, ~irector Collier County Housing, Human and Veteran Services 2 Packet Page -833- 6/28/2011 Item 16.0.2. WITNESSES O\:.~R: J( \ . . ... \ Lb ~- ~~""v,.> Marie .Thomas OWNER: Wi~sSl:S': /) rf- /;/ {...o;.... ~'t-- ~ PrintName /'J""M~~ (~..,,- T~ STATE OF FLORIDA COUNTY OF COLLiER 2011, The foreg, ing Agreement was acknowledged before me this ~ day of by f', II t- Tk .......~). who is personally known to me or Q as prool ot loenrny. J-{ CL/ , has ;,foduced ~ 7;':-//7t .'- . s1gnature of Person Taking Acknowled ment 3 Packet Page -834- 6/28/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 20, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records ofCol1ier County, Florida STREET ADDRESS 10307 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed $ 116.06 $ 190.61 $ 424.14 $ 862.50 $ 1,298.26 $ 3,343.68 $ 482.59 $ 193.83 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. Government Building Impact Fee H. Law Enforcement Impact Fee I. Water Impact Fee $ 3,575.00 J. Sewer Impact Fee $ 3,495.00 TOTAL IMPACT FEES $13,981.67 4 Packet Page -835- 6/28/2011 Item 16.0.2. Return to Priscilla Doria Collier County lDIVS 3339 E. Tamiami Trail Naples, Florida 34112 File# iO-ill-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF iOO% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 28th day of June, 2011, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Myrielle Charelus" (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 latef then the effective date of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Thirteen Thousand Nine Hundred Eighty.One and 67/100 Dollars ($13.981.67). Repayment shall include any accrued interest. Intefest shall be computed at the rate of five percent (5%) pef 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 fecording of a release Of satisfaction of lien in the public records of the 1 Packet Page -836- 6/28/2011 Item 16.0.2. County. The dcferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agrcement 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 complction of this Agreement's requirements, 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 after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in dcfault as set forth in the Ordinanee, or bring a civil action to cnforcc this Agreement, or declare that the deferred impact fees are 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 interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agrcement betwecn the parties with respect to the subjcct 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 cxecuted this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and Icg~ufficiency; (, --.--~Z Recommcnd A proval; JeffE. ri ht Assistan ounty Attorney 2 Packet Page -837- 6/28/2011 Item 16.0.2. WITNESSES Witnesses: \u (, t).)J..Ci.A\['! Print Name Ii\! \ \ VI (.;. I~ (.;' {I (, "'i OWNER: ;( '7J~/\'-'CJJjl() C/'CA/l e)/t-G Myriell harelus OWNER: ST A IE OF FLORIDA COUNTY OF COLLIER 201l, The foregoing Agreervent was acknowledged before me this ) <J day of bY---&~(I",f!i f ~lo/d..r) ,who is pefsonallv ~nown to me or .. L-"- as proof of Identity. IIr"l'1o ' has p oduced /~) ~ ledgment 3 Packet Page -838- 6/28/2011 Item 16.0.2. EXHIBIT "A" LEGAL DESCRIPTION Lot 17, 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 10295 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact 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 $ 1,298.26 F. Educational Facilities System Impact Fee $ 3343.68 $ 482.59 G. Government Building Impact Fee H. Law Enforcement Impact Fee $ ]93.83 I. Water Impact Fee $ 3,575.00 J. Sewer Impact Fee $ 3,495.00 TOTAL IMPACT FEES $13,981.67 4 Packet Page -839-