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Backup Documents 06/08/2010 Item #16D 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLID 6 a TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be torwai ded to the Hoard Office only after the Huard has taken action on the itcm.) ROUTING SLIP Complete routing lines # 1 through 44 as appropriate for additional signatures, dates, and /or information needed. If the document is already complete with the exception of the Chairman's signature, draw a hue throng routim, lines #1 through 94, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order Office Initials Date I.Frank Ramsey Housing and Human Services (Initial) 6/08/2010 2. Chairman Fred W. Coyle Board of County Commissioners Agenda Item Number 16D6 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Agreements Number of Original 5 5. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created /prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item 1 Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252 -2336 Contact appropriate. (Initial) Applic able) Agenda Date Item was 06/08/2010 Agenda Item Number 16D6 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreements Number of Original 5 Attached resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHECKLIST I: Forms / County Forms / BCC Forms / Original Documents Routing Slip W WS Original 9.03.04. Revised 1,26 05, Revised 2 24 .05 Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applic able) I. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other panics except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of FICC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 06/08/2010 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms / County Forms / BCC Forms / Original Documents Routing Slip W WS Original 9.03.04. Revised 1,26 05, Revised 2 24 .05 File# 10 -079 -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 8th day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Raymonde Metelus and Fritz Hyacinthe" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit B," the amount of the deferred impact fees is 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 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 46 INSTR 4440070 OR 4575 PG 579 RECORDED 6/10/2010 10:00 AM PAGES 4 Return to DWIGHT E. BROCK Frank Ramsey COLLIER COUNTY CLERK OF THE CIRCUIT COURT Collier Countv HiiS REC $35.50 3301 E. Tamiami Trail Naples, Florida 34112 File# 10 -079 -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 8th day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Raymonde Metelus and Fritz Hyacinthe" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit B," the amount of the deferred impact fees is 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 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 I:{ County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact tees 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 By:' A " to epu erk o9saWt 481,4 Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By. W 6/08/2010 FRED W. COYLE, CHAIRMAN Recommend Approval: ar y Krumbine, M Director Collier County Housing and Human Services 2 ms WITNESSES OF BOTH SIGNATURES Witnesses Print Name 16D46 • .I► 4-- Raymondb Metelus z, OWNER: Witnesses: " Print Name MA r44, Fritz Hyacinthe�T STATE OF FLORIDA COUNTY OF COLLIER ��JJ The fo e�going A eement �v s knowledged re me this o°/ day o 201 by " My i,iwho is a y ow e or has produced assproo [NOTARIAL SEAL] %o "z G /CC CC L, C C Signature of Person Takin Acknowledgment Notary Public Slate of Flonda Anna Vidaumi My Commission DD949401 Expires 1213012013 EXHIBIT "A" LEGAL DESCRIPTION Lot 68, 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 3796 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee 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. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fcc TOTAL IMPACT FEES Amount Owed $116.06 $190.61 $424.14 $862.50 $1,907.85 $3,343.68 $7,725.00 $482.59 $193.83 S15,246.26 4 0 INSTR 4440071 OR 4575 PG 583 RECORDED 6/10/2010 10.00 AM PAGES 4 Return to DWIGHT E. BROCK Prank Ramsev COLLIER COUNTY CLERK OF THE CIRCUIT COURT Collier County [ills REC $35.50 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 081 -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 8`I' day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "J. Jesus Bustamante Rodriguez and Maria S. Bustamante" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is 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 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 nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT.E. BROCK, Clerk AttWt as to GMI_row, a uty erk Ifg01two 60iA Approved as to form and legal sufficiency: PdVatx IJW2� Colleen Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 06/08/2010 FRED W. COYLE, CffAIRMAN Recommend Approval: i arcy Krumbi e, PA Director Collier County Housing and Human Services 2 WITNESSES OF BOTH SIGNATURES Witnes es: Print Name �rfili�{ Wi,Mlesses: Prmt Name jilln4 -1 STATE OF FLORIDA COUNTY OF COLLIER 10 6 1.I►_t a4--Se,s 96- <5rA J. Jesus Bustamante Rodriguez OWNER: Maria S. Bustamante The foregoing Agreement was acknowledged before me this Z day of 2010, b who 's ersonally kno to me or/has 'Z ic.L as identit . [NOTARIAL SEAL] t ature of Person Taking cknowledgment yp'�'PY °pe Notary Public stage o a .+ Anna Vidaurri j }, My Com.mismon DD949401 Qyd Expunn 1 2/3 012 01 3 EXHIBIT "A" LEGAL DESCRIPTION Lot 132, 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 3791 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed 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. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES $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 1 &1)'6 INSTR 4440072 OR 4575 PG 587 Return to RECORDED 6/10/2010 10:00 AM PAGES 4 Frank Ramsey DWIGHT E. BROCK Collier County HHS COLLIER COUNTY CLERK OF THE CIRCUIT COURT 3301 F.. Tamiami Trail REC $35.50 Naples, Florida 34112 File# 10- 080 -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 8th day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jumel Edmond and Gina Edmond" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of' the deferred impact fees is 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 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 1 County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK; Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, B:Ot: By: � � 06/08/2010 N b uty Clerk FRED W. COYLE, C IRMAN totWe on e Approved as to form and legal sufficiency: C49&100,4, � Colleen Greene Assistant County Attorney Recommend Approval: arc Krumbine, A Director Collier County Housing and Human Services 2 WITNESSES OF BOTH SIGNATURES Witness s Print Name f StFiEr 41 ter Witnesses: .nom- r -y.Lc� PrifitNarne < STATE OF FLORIDA COUNTY OF COLLIER T 2010, by OWNER: J e co • .I► Gina Edmond he�Qregoin Bement was ack owled e¢17efnte._me this day of -0- Jf/�j �0 o is ersonally kno o me or Aas produced �'- as proof of identity. [NOTARIAL SEAL] tgnature of Person Taking Acknowledgment YEE] Stare olr c .. lonna nion GOHgSao�l 0/?013 g 0&12 /yy'---W3 1 (1�0 D EXHIBIT "A" LEGAL DESCRIPTION Lot 129, 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 3779 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee 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. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $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 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 8`s day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and `Brenda Espinoza" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is 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 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 1 INSTR 4440073 OR 4575 PG 591 RECORDED 6/10/2010 10'00 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Return to Frank Ramsey Collier County nM 05-11-16F01:35 �( (; V I) 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 085 -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 8`s day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and `Brenda Espinoza" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is 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 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 1 1t'D County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By By: W' 6/08/2010 ANM�� ty Cle�i FRED W. COYLE, C IRMAN $ so# Approved as to form and legal sufficiency: oi&az Colleen Greene Assistant County Attorney ReTc—�— end -, __c Marcy Krumbine, MPA Director Collier County Housing and Human Services 2 WITNESSES wijne s s: 'nom/ Print Name A r a W itn,g�ses:, Print Name ,' (,,I)& STATE OF FLORIDA COUNTY OF COLLIER The regoing gre�nent was acknf 2010, by [NOTARIAL SEAL] HNotary Public state of Florida Anna Vidaurri My Commission DD949401 Expires l2 /30/2013 OWNER: 9renda Espinoza OWNER: as proof of REV is dayof, known o or has roduced 3 EL0Z /0l /Zt sandx3 Y L0669644 u01mwwoD Aye o'V io umepiA euuy �'�na )} ePuold 10 alels 09gnd AelcN titi1 adxoZ HNotary Public state of Florida Anna Vidaurri My Commission DD949401 Expires l2 /30/2013 OWNER: 9renda Espinoza OWNER: as proof of REV is dayof, known o or has roduced 3 UM EXHIBIT "A" LEGAL DESCRIPTION Lot 130, 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 3783 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee 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. Road Impact Fee H. Government Building Impact Fee 1. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $116.06 $190.61 $424.14 $862.50 $1,907.85 $3,343.68 $7,725.00 $482.59 $193.83 $15,246.26 E INSTR 4440074 OR 4575 PG 595 RECORDED 6/10/2010 10:00 AM PAGES 4 DWIGHT E. BROCK Return to COLLIER COUNTY CLERK OF THE CIRCUIT COURT Frank Ramsey REC $35.50 Collier County THIS 3301 E. Tamiami Trail :Naples, Florida 34112 File# 10- 082 -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 8`h day of .Tune, 2010, between Collier County, a political subdivision of the Stale of Florida (COUNTY) and "Beaudeline Boyer" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand 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. 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 IUD County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By. ty CI By. ' Iq� *0 COYLE, CHAIRMA q b dNfnl�ii i�1it1M'f 011 u + Approved as to form and legal sufficiency: c6lb�l Colleen Gre ne Assistant County Attorney y1le mend pprov IKrumbi PA Director Collier County Housing and Human Services 2 WITNESSES Witnes''e : Print 1 am v1,- Witnesses: Print Name�� STATE OF FLORIDA COUNTY OF COLLIER OWNER: eaudeline Boyer OWNER: m The foregoing Agreement was acknowledged before me this "day of , 2010, by_ � ." 1, 1, ,,, f4 who is personally known to me or has produced asproofofidentity. .0 j ( p J Loroan,o,a * ignature of Person Taking Ackno edgment W.DDOM !'U BIC G, T wt EXHIBIT "A" LEGAL DESCRIPTION Lot 1, 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 10231 Kingdom Court, Naples, Florida 34114 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 G. Government Building Impact Fee $ 48259 H. Law Enforcement Impact Fee $ 193.83 1. Water Impact Fee $ 3,575.00 J. Sewer Impact Fee $ 3,495.00 TOTAL IMPACT FEES $14,591.26 4 A