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Backup Documents 09/28/2010 Item #16D12ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP WWR/4 � • TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO � j 19 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU l/rI7" 40 ROUTING SLIP Complete routing lines N 1 through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the ..,.h un .. .,...Iota rho rhocklig and forward in Ian Mitchell (line N$). exception Of the Chairman's signature, draw a line mrou n ruuun uuca .... ...- Initials Date Route to Addressee(s) Office Initial) Please call or e-mail List in routing order 1. Frank Ramsey HHS PD 9/29/10 2. September 28, 2010 Agenda Item Number 16D12 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, 3. Five (5) Impact Fee Lien Agreements Number of Orieinal 5 4. Ian Mitchell, Executive Manager Board of County Commissioners Documents Attached I O 1 191 to 5. Minutes and Records Clerk of Courts Office 2. All handwritten strike- through and revisions have been initialed by the County Attorney's PRIMARY CONTACT AI l 1NFORMA it 10I. (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prctimil the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, needs 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. Name of Primary Staff Frank Ramsey and/or Priscilla Doria Phone Number 252 -5312 Contact Housing, Human and Veteran Services Initial) Please call or e-mail for nick u Original document has been signed/ initialed for legal sufficiency. (All documents to be PD Agenda Date Item was September 28, 2010 Agenda Item Number 16D12 Approved by the BCC by the Office of the County Attorney. This includes signature pages from ordinances, Type of Document Five (5) Impact Fee Lien Agreements Number of Orieinal 5 Attached Signature needed on all documents. Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Fortes/ BCC Fomms/ 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) Applicable) 1. Original document has been signed/ initialed for legal sufficiency. (All documents to be PD 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 PD Office and all other parties 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 PD 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 PD si ature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip PD should be provided to Ian Mitchell in the BCC office within 24 hours of BCC 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 Xour deadlines! 6. The document was approved by the BCC on 9/28/2010 (enter date) and all changes PD made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es if applicable. I: Forms/ County Fortes/ BCC Fomms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05. Revised 2.24.05 Return to Frank Ramsey Collier County HHS 3301 E. ruminant Trail Naples, Florida 34112 File# 10- 086 -IF 16012 INSTR 4487094 OR 4616 PG 67 RECORDED 10/20/2010 10:11 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 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 28t6 day of September, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Willy Sineus and Dominique Sineus" (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 ($1459126) 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 16012 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. 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 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 forjudgments 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: wad; DW Cr1TF E:;BR -CK, Clerk i. s ,44;4 '.%riA!r, p4tyClerk Approved as to form and legal sufficiency: JennifE B. White . Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Y" t. AA By ' ' 09/28/2010 FRED W. COYLE, CHAIRMAN Recommend Appro al: Zl—� i /,�, i O /fvLrcy Krumbi e, irector Collier County Housing, Human and Veteran Services 2 WITNESSES OF BOTH SIGNATURES M Mt sses: Print Nande C N r C1 _ r s es:— Krint Name jo, MU • c " STATE OF FLORIDA COUNTY OF COLLIER 2010, OWNER: Willy SinVis OWNER: ominique Wineus The foregoing Agreement was acknowledged before me this 30 day of by uJM,, S, , k whk �,r ;w, who is personally known to me as proof of identity. Ni kMA LORI 03 nre•ezxwyss. : � eeimr ;� n ea..r Pmww 0 16D 12 (JC , I or has produced Signature of Person aking Acknowl gment 16D12 EXHIBIT "A" LEGAL DESCRIPTION Lot 2, 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 10235 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 $ 482.59 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 Return to Priscilla Darin Collier County HHVS 3301 E. Tamiand Trail Naples, Florida 34112 File# 10- 087 -IF INSTR 4487095 OR 4616 PG 71 RECORDED 10/20/2010 10:11 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 'rhis 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 28"' day of September, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Myriam Seide" (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 16 D 12 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. 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 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 forjudgments 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: DWIG+JFJ ,BROOK, Clerk y QeputyClerk Appraveit'J9t6 form and legal sufficiency: -.-� JennifgPIB. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: - � 09/28/2010 FRED W. COYLE, CHAIRMAN Recommend Approva : arcy Krumbine, NIPA Director Collier County Housing, Human and Veteran Services 2 WITNESSES Witnesses: Print Name it Less s,; � Print Name STATE OF FLORIDA COUNTY OF COLLIER OWNER: MyriamAeide r ► C 16 D 12 Th going Agreem was acknowledged before me_YhiS.�day of 2010, by who is /personally known to me !or has roduced as proof of identity. a G�1 -fi�i ature of Per on Taking Acknowledgment [NOTARIAL SEAL] Notary Puhllc State of Florida $ Anne Vldaurri Anna Vidauaion DD949<01 Expires 11J3012013 .r.r 16D 12 EXHIBIT "A" LEGAL DESCRIPTION Lot 69, 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 3800 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN TOTAL IMPACT FEES $15,246.26 4 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. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15,246.26 4 Return to Priscilla Doria Collier County HHVS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 089 -IF 16DI INSTR 4487096 OR 4616 PG 75 RECORDED 10/20/2010 10:11 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 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 28`I' day of September, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jean T. Cheribin and Immacula Leo" (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 16 D 12 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. 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 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 forjudgments 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.� 4� ¢;tw Dgputy.Clerk Approved as to form and legal sufficiency: Jen fen feri B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: _��?C. 1, ^. 09/28/2010 FRED W. COYLE, CHAIRMAN Recommend Approyl: 9 Matcy Krumbind, Ipirector Housing, Human and Veteran Services 2 WITNESSES OF BOTH SIGNATURES Witness � Print N e "a� {�i CRS ti W itnes s: :�z2 un Print Name STATE OF FLORIDA COUNTY OF COLLIER OWN /t � Jean . Cherr in OWNER: Immacula 72 16D 12 The foregoing Agreement was acknowledged before me this J_5 day of 2010, b who is personally known to me or has produced as proof of identity. a ° "6, 2 * ` i nature of Person Taking Ackno led ment g g Sri Nr� b° OF O� 16b1� EXHIBIT "A" LEGAL DESCRIPTION Lot 11, 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 10271 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 $ 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 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 090 -IF 16012 INSTR 4487097 OR 4616 PG 79 RECORDED 10/20/2010 10:11 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 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 281h day of September, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jacinto Benavides and Ana A. Almendariz Garza" (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 l6 D 12 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. 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 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 forjudgments 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: BOARD OF COUNTY COMMISSIONERS DWIGHT E,I)ROCK, Clerk COLLIER COUNTY, FLORIDA, sv" ! 11 1 { E0.1 By in..' }'L.. 09/28/2010 %t #s t0 Ch I rI' dAWtity Clerk FRED W. COYLE, CHAIRMAN 419naturo one+ s -6/1 Approved as tb'Poi4 ' Recommend Approval: and legal sufficiency: Jennife . White arcy Krumbi e, PPA Assistant County Attorney Director Collier County Housing, Human and Veteran Services 2 WITNESSES AS TO BOTH SIGNATURES Wit s t Names WitnesWs: 'v�mv Print Name u-- STATE OF FLORIDA COUNTY OF COLLIER 16012 OWNER: Ana A. Almendariz Garza The foregoing Agree ent was acknowledged before me this S day of r. 1 , 2010, by_��i��2.�rU n G., who is personally known to me or as produced as proof of identity. MVCOMMX(PIHES ignature of Person Taking Acknowledgment AUG.29,2014 NO.EE13077 �U F1L�O ' s. 16 D 12 EXHIBIT "A" LEGAL DESCRIPTION Lot 3, 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 10239 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 $ 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 S Return to Priscilla Doria Collier County HHVS 3301 E. Tamiand Trail Naples, Florida 34112 File# 10- 091 -IF INSTR 4487098 OR 4616 PG 83 RECORDED 10/20/2010 10:11 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 This space for recording 16012 LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 281h day of September, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Rochemond Norvilus and Elianise Foreste" (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 16012 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. 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 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: D W IGI9 t:'BROCk n By. $yy�:t�r•t 9q:sy� Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: r ` �<� ' `,; %�'�09/28/2010 FRED W. COYLE, CHAIRMAN Recommend A proval: cy Krumbi e, PA Director Collier County Housing, Human and Veteran Services FA WITNESSES AS TO BOTH SIGNATURES Witnesses: Print Name _ I tnj 16D12 • IV C 14CC�1 Rochemond Norvilus OWNER: Witnesses: Print Name ElianiseForeste STATE OF FLORIDA COUNTY OF COLLIER jj rr The foregoing A reement was acknowledged before me this day of SP '' } P Yob e Ce C, 2010, b G who is personally known to me or a6 s produced P A. as proof of identity. O: �p Tt, 4� MYCOIAM ES t [NO'ARaAIr,:R1 - Vie. �Ji /// z/ti La Wu. EE 93077 G ;• Signature of Person Taking Acknowled ment EXHIBIT "A" LEGAL DESCRIPTION Lot 5, 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 10247 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 $ 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