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Backup Documents 11/10/2009 Item #16D 3 ~~ ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ~ - t l(r~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 Print on pink papcr~~a~ ~~~~~c~n~ll~~g~~'~c~m;'~~~!c~~,~ ~~~c~~ I~~ ~,~,~S~C~~~o~~~c~ ~~~~and original D 3 docum~nts aft: to be f()rwarded to the Board Otlice only after the Huard has taken :Kli{lI1 on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures. daks, and/or information needed. If the document is already complete with the exceotion of the Chairman's sie:nature, draw a line through routing linl.:s # I through #4, comolete the checklist and forward to Sue Filson line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and J luman Service ~ J 1116/09 2. Chairman Donna Fiala Board of County Commissioners 3. 4. 5. Ian Mitchell, Executive Manager Board ofCounly Commissioners ~ IIlr:r/oJ 6. Minutes and Records Clerk ofCoUli's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder oCthe original Jocument pending BCe 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 <lddrcssecs above, including Sw..' Filson, need to contact statr for additional or missing information, All original documents needing the Bee Chairman's signature are to be dclivl'n::d In the Bee oHlcr only after the Bee has acted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contacl Agenda Date Item was I I/J 0/2009 Agenda Item Number 16D-3 Approved by the BCC Type of Document Agreements Number of Original 8 Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sutliciency, (All documents to be signed by the Chairman, with the exception or 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 full}' executed by all parties except the Bce Chairman and Clerk to the Board and ossibl. State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other artics exce t the BCe Chairman and the Clerk to the Board The Chairman's signaturc line date has been entered as the date of Bce approval of the document or the final ne Jotiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating whl~re the Chairman's si nature and initials arc re uired. 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 ofBCC approval. Some documents are time sensitive and rl~quire fon\,'arding to Tallahassee within a certain time frame or the BCe's actions arc nullified. Be aware ofvour deadlines! The document was approved by the BeC on Il/I0/2009 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan res, if a licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 71-. '-91--- 71- I: Fonns/ County Formsl Bee Forms.! Original Documents Routing Slip WWS Original 9,03.04, Revised I ,26,()5, Revised 2.24.05 16 D3 Return to INSTR 4364692 OR 4511 PG 189 RECORDED 11/18/2009 343 PM PAGES 4 g';;'~~I~~ ~~~~TC: CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 1O-013-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 10'h day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Yesenia Velez" (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. 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 cvent 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 "8," the amount of the deferred impact fees is Twentv Two Thousand Three Hundred Twentv Five and 96/1 00 Dollars ($22.325.96). 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%) ofthe 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 dwclling unit. The lien shall 16 D3 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 thcn 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 suceessors 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 ........~~<K ~Ist... aite 011 r~t, Clcrk s'~tW."OIII . BOARD OF COUNTY COMMISSIONERS COLLIER C(}l'jNTY, FLORIDA, !jj . , , (h.yrlA, .', :1.L<t.40/2009 DO NA FIALA, CHAIRMAN By: 2 16 D3 WITNESSES OWNER: c:~ ~- PrintNa e e-4~1 Utd/lAf \J~ OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The ,rpregoing Agreej11ent was aCkno. wI edged before me this L day of (JJ/Obt' , , 2009, bY__'1F"""';"" ~<.\,:.L. . who is personally known to me or has produced """""""", as proof of identl'ty ~, eFl "4 . ~~...\.. ....."ot" ~ _'trt.1"- ....... 'h ~ ~ A..~- "O"'fAR ~'. rT~ ~ ~ ="'>" .=--'" . ,":- ~ ~O.~ . v-=- [NO~!~~bi\"'\O! = : AUgust 29, 21)10: is. ; " No. DO 590338: ~ 'S -. (', ,'~ffIf$ ~ cJ'lr'., PUB\..'\;"-'~ $' -:", ""t.,.:...... OYo$' "'1 ~ t::: OF f\,; ,\" Approved as to forfff"/fJllt\"'" and legal sufficiency: cJtCv~ Colleen Gr ene Assistant County Attorney -0 3 16 D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 80, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 7] through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13597 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,]39.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.] 8 I. Law Enforcement Impact Fee $] 86.20 K. Sewer Impact Fee $3,616.49 $3,722.39 J. Water Impact Fee TOTAL IMPACT FEES $22,325.96 4 16 D3 Return to INSTR 4364693 OR 4511 PG 193 RECORDED 11/18/2009 343 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 Frank Ramsey Collier County HHS 3301 .:. Tamiami Trail Naples, Florida 34112 File# 10-014- 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 10'h day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Carolle Jean Pierre" (OWNER), collectively stated as the "Parties." NOW, TH,EREFORE, 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 ofthe 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 sh.all apply. 2. The legal description ofthe 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 ofthe sale, or not later then the etTective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twentv Two Thousand Three Hundred Twentv Five and 96/1 00 Dollars ($22,325.96). Repayment shall include any accrued interest. Interest shall be computed at the rate offive 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 dcscribed in Exhibit "A," which lien may be foreclosed upon in the evcnt of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall 16 O~ terminate upon the recording of a release or satisfaetion of lien in the public records of the County. The deferrals of impact lees and this Agreement shall run with the land, and neither the deferrcd 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, lessce, 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 solc 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 thc 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 ~k ..\ ..., DC[lUty Clerk Attttt"" to .Ow 1'I"MoI , 5 1 ~.t"'" (Ill'. BOARD OF COUNTY COMMISSIONERS COLLl~'/lUNTY' FLORlfA,. 7 !, ~ ,J/. c'L~ By: I] /I 0/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES Witnesses:~ if, U -' /l-Q 1 Print Name :\:4> <",_'~ n<2-.h \. STATE OF FLORIDA) COUNTY OF COLLIER) 2009, ~ \\\,,,nu""I, ...", LOR 1",- ~"~"""......:1..?-. "'~ [NQf'e'tl;AieWiLJ.:~ ::~.. . ..O:=' :: . My Comm. Expires. = :: : August 29. 2010: :: : ~ No. DO 590338: i 'So .. ..~$ ~<.fl~... PUBL\("~..S~ Approved ast<),~" ..' 0<<'"", '/i;'t!:"oF f\..: \" and legal sufficie~I""""\\ ~()jOP'J'~~ Colleen Gree e Assistant County Attorney 16 D3 OWNER: C- ~CIiIZ17llr (JCH}fI (-/I ('RJ2 r Carolle Jean Pierre OWNER: R=?~~APPT C-' ~Krumb~ Direetor Collier County Housing and Human Services 3 16 D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 75, Trail Ridge, according to the plat thereof; as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13577 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpaet Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impaet Fee $402.79 D. Community Parks Impact Fec $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilitics System Impact Fee $3,139.6\ G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $\86.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 4 16 D3 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail 'aples, Florida 34112 I NSTR 4364694 OR 4511 PG 197 RECORDED 11/18/2009 343 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 File# 1O-015-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 lOth day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Rebeea Gordon Silot" (OWNER), collectively stated as the .'Parties." NOW, THEREFORE, lor good and valuable consideration, the receipt and sufficiency of whieh 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. Thc legal description of the dwelling unit is attaehed as Exhibit "A." 3. The term of this Agreement is Irom the date set lorth 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 excmption; or d) the lirst occurrence of any sale or transfcr 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 elTective date of the transfer. As set forth in Exhibit "B,'. the amount of the deterrcd impact fees is Twentv Two Thousand Three Hundred Twentv Five and 96/100 Dollars ($22.325.96). 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-Jive percent (25%) of the total fee amount. 5. The deferred impact fees shall be a licn 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 thc dwelling unit. The lien shall 16 D3 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 fllreclosure 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, cxcept that this lien shall be on parity with any lien flJr County taxes. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall rccord any necessary documcntation evidencing samc. 7. In thc event the OWNER is in detilUlt under the Ordinance or this Agreement, and the dcfault is not cured within 30 days after written noticc is provided to the OWNER, thc COUNTY may, at its sole option, collect thc impact fce amount in default as set forth in the Ordinance, or bring a civil action to cnforce this Agreemcnt, or declare that thc dcfcrred impact fees are then in detilUlt and immediately duc and payable. The COUNTY shall be entitled to rccover 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 ealculatcd on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respcet to the subject matter herein, and shall be binding upon thc OWNER'S succcssors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to thc COUNTY, IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: , . DWIGHT F.B'ROCI(,91~rk ~~~(~~ ~ at W t'lWftUltl1C1erk 1 j )('ttt'!'N 001,'. BOARD OF COUNTY COMMISSIONERS COLLlbRF~N I Y, FLORID~, /fl . i /, f\ trn-7"'V- <:;/~ ct.~~_. By: I ril 012009 DONNA FIALA, CHAIRMAN 2 WITNESSES Witnesses: Print Name W~~% P mtName Off>? furv.-- '~0 STATE OF FLORIDA) COUNTY OF COLLIER) 16 D;; - OWe;: Q ~~n Silot OWNER: 2009, The fo~egoing AJ'feerent wa~ ackno, wledged before me this ,~ day of (JdJ,~ ( , by_~e be,a ltll~ ^." 'S.la1 _ who is personally known to me or has produced as proof of identity. ,\.\HWU"Ij' ", R ~II ",... ,-0 A... ..,.~./"'-. ~ .....~~ c''''''wtY ~ .~' . ~ ::.~ ..":- ~ 0 . t.1.,,\tes.. ~ ;: 2: : ~1 CO'"'"ig ~o\o: :: -= : ~1l\1s\ ,gt)33!1: = :. . "'Q,OO .~:: ~ -. \0.... i:! $ APprovea:.A~' tQ"tiR~"\,o~,~ ',. f~" and legal s I ,{i)"""" ,i"iil C Colleen Or ne Assistant County Attorney ~ :2,~ Si nature of Person Taking Acknowledgment ~~-< MPA 3 16 D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 82, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13605 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450. I 8 I. Law Enforcement Impact Fee $ I 86.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMP ACT FEES $22,325.96 4 16 D3 Retumto hank Ramsey Collier County "US 3301 E. Tamiami Trail ~aples. Florida 34112 INSTR 4364695 OR 4511 PG 201 RECORDED 11/18/2009 343 PM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 File# 10-016-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 10'" day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Elkim Angervil and Macdala Meus" (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 ofthe transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14.987.081. 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 16 D3 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 so Ie 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: DWIQHT E~BROCK, Clerk ~6~L . Attt$t" to C1Q'W'M('~rk s19riitiirJ OIl.' BOARD OF COUNTY COMMISSIONERS COLLImOUNTY, FLORIpA, ! >:. . ,- '-7 1'1 tJ-rn-,^/ ,;;J/-&:-?d(. By: .. 1]/10/2009 DONNA FIALA, CHA]RMAN 2 11 ,; JJ.~ rc,;--, u.", WITNESSES AS TO BOTH SIGNATURES OWNER: ('~ ~~/ Elkim Angervil OWNER: .~ Pri STATE OF (FLORIDA) COUNTY OF (COLLIER) wIedged before me this ~ day of (jcf. , ho is personally known to me or has produced as proof of identity. 1 2009, Approved as to form and legal sufficiency: C'ctfJ&~~ Colleen Greene Assistant County Attorney R=mr' APPro",!j~ ~ 4fK~jA Director Collier County Housing and Human Services 3 1603 EXHIBIT "A" LEGAL DESCRIPTION Lot 62, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, ofthe Public Records of Collier County, Florida STREET ADDRESS 3772 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 4 16 D3 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail ;\;aples, Florida 34112 I NSTR 4364696 OR 4511 PG 205 RECORDED 11/18/2009 343 PM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 File# 10-017-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 10th day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie Edeline Jean" (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 ofthe transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14.987.08). 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 16 D3 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: DWIGH'I'E. BROCK, Ckrk ~Po~~ ~tttst It t()' Bfi~erk ;,...tt~ ~,. I BOARD OF COUNTY COMMISSIONERS COLLIER rPUNTY, FLORIDA, 1,1 / I - t/ .-1 . /) /'h>?-?"~_ <:Y A' ~A(. 11/1 0/2009 o NNA FIALA, CHAIRMAN By: 2 16 D3 WITNESSES OWNER: Witnesses: . ;?J L ~ ruY.x-cJL'~ Print ame Aa4f,h ~y.'tt~~ Marie Edeline Jean OWNER: Print iJ7..C~ STATE OF (FLORIDA) COUNTY OF (COLLIER) The f~rep~ing Agr'7fllent was aCknowledg. ed before me this -13- day of vel- , by ~-1J t..---.J.eU'VJ_, who ~ersonally known to me or has produced as proof of identny. 2009, S ignatu e Approved as to form and legal sufficiency: Recommend Approval: --I r~/rl~ Colleen Greene Assistant County Attorney arcy Krumbine, Director Collier County Housing and Human Services 3 16 D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 6 I, 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 3768 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 4 16 D3 Return to .'rank Ramsty Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 I NSTR 4364697 OR 4511 PG 209 RECORDED 11/18/2009 343 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 File# 10-018-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 10th day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Magdala Dumay Calixte" (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 tenns of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The tenn 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 ofthe dwelling unit; c) a loss ofthe 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 ofthe sale, or not later then the effective date ofthe transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14,987.08). 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 16 D3 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:, . ,-;." ,"'1" DWIGHT E,d3,ROCK, Clerk ~tL?CJ0RvL~C ,... t "'_ ,_j}ehutv Clerk <>,....~ "....~~ "- . ~.-!,~..tt'r~ Oft clo BOARD OF COUNTY COMMISSIONERS COLLIER qqtJNTY, FLORIDr", 11/ / - ;, !,t"."nv.. ,;:I; 4 ;J. By: . --., III 0/2009 DONNA FIALA, CHAIRMAN 2 WITNESSES Witnesses: , m(kt.A~ {)JJat"C:<JJ&:: Print Name O],-v rn''-- PI J Iinr ,uJe, Witnesses: Print Name 16 D3 OWNER: ~ Il" ,,~~. / ~A f1. ;:y (O\dyl;-"" Magd' a Dumay Calixte OWNER: STATE OF (FLORIDA) COUNTY OF (COLLIER) The!!J, ~)~ A,g!eem~~~ll<J<n~ledg~d befo,r,e ,me this # day of ocJ- , 2009, by ~~C&vho ISJ~~SQI1!'\lly,...knoWll-to me.-er has produced --as proof of identity. Approved as to form and legal sufficiency: cttPOPM Ar Orh. <L- Colleen Gree1le Assistant County Attorney Recommend Approva : J? 3 1603 EXHIBIT "A" LEGAL DESCRIPTION Lot 59, 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 3760 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 4 16 D3 Return to Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples, Florida 34112 I NSTR 4364698 OR 4511 PG 213 RECORDED 11/18/2009343 PM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $3550 File# 10-OI9-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 10th day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Giver Joseph" (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 "8," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14.987.08). 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 1 16 D3 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 docUJnentation 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 maximUJn 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. BROeI<<-, Clerk _to-~lc ,t'il. teCJli~ C1Ierk S lW1.tur" "" I' '. BOARD OF COUNTY COMMISSIONERS COLLIER ~UNTY, FLORIDA, By: If~,..'n..,J(,. <::o;/~ d'.4 11110/2009 DONNA FIALA, CHAIRMAN 2 16 D3 WITNESSES OWNER: Witnesses: ~, , . lIia{f-M QQoC'lt<-tik. Print Name (Y) Cn-.\'h. \'\ \v(\({;,;lc, /"<,, ,/ OWNER: W""~~'~ ~. Print~.~ ... ~~~;::- STATE OF (FLORIDA) COUNTY OF (COLLIER) greewent was acknowledged before me this & day of od , 2009, e?(;O, who_ is perSQlliIlll' lm9"'IJ to me or has produced as proof of identity. " Q ~YCOMMISStON*DDS9~ ~ EXPIRES'S"""""'12.20t~ ~OIF-r:/L"V "1.Nudl'JOI~""'" I 0(_ Approved as to form and legal sufficiency: Recommend Approval: (~~ Colleen Gree e Assistant County Attorney , ~ ~J{' ,-_f cy Krurnbin , Director Collier County Housing and Human Services 3 EXHIBIT" A" 16 D3 LEGAL DESCRIPTION Lot 128, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records ofCoUier County, Florida STREET ADDRESS 3775 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 4 16 D3 Retumto .'rank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, f'lorida 341 12 INSTR 4364699 OR 4511 PG 217 RECORDED 11/18/2009343 PM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35 50 File# 10-020- 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 loth day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Sauveur Paniague & Rose Madianie Pierre Paul" (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.n 3. The term ofthis 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 ofthe transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14.987.08). 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 16 D3 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: DWIGijTIE:Bf(,9fK, Clerk ~~~l,\c ,st.s ~.' ~ l'rQiIlu~ Clerk S1",.tW:.. ' Oil ~'~ ")( .. BOARD OF COUNTY COMMISSIONERS COLLIER CPfJNTY, FLORIDA, ~. / I i~~ d4.1k111l0/2009 DONNA FIALA, CHAIRMAN By: 2 1603 WITNESSES AS TO BOTH SIGNATURES Witnesses: r\ I). ! '--fY) ~ u...IU-!(l.A.?cklo Print Name l'r7c..,thO- Ii I v{(n1du OWNER: ~C;OuNP-<~?i_ Sauveur Paniague fbi . lJ //7 Gu-e-- OWNER: :;::~V~ RtJS (' MrxLul'VlM PI emu Prwf Rose Madianie Pierre Paul STATE OF (FLORIDA) COUNTY OF (COLLIER) Tlje-furegoing Ag#ment 1'~acJ<,Jto>9lAg~d before me this k day of 2009, by.'vut~ 1/b-tU1pef-l!J!-tLrltfto IS personally known to me or ~~"" ORA- r':."',-, as proof of identity. ~ "'" ....y....IS'c/'>~ ' $'....'t'..:~p.R ... 0" "'-~.u ." ::c::~ "'.~~.... i ~~~~~~q c(j : ~ "'~ \)\)~ :!:HI ';. -.. \\\). ,().. ~ ~ ~ *. ptf6';'.- 0 , ~;'; ~...... ~\;#-~ ;"""l4TE o~,\\\'" Approved as to ro!WI'" and legal sufficiency: Dcf has produced Recoml}lend Approval: ,/ / C@OPAA JdttJ~ Q Colleen Greene' Assistant County Attorney cy Krumbine, PA Director Collier County Housing and Human Services '-- ..Jl..., 3 16 D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 127, 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 3771 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 4 16 D3 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# IO-OOI-IF INSTR 4364700 OR 4511 PG 221 RECORDED 11/18/2009 343 PM 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 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Leonardo Hernandez Ortiz and Sianey Hernandez" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficieney 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 dcferred impact fces 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 "S," the amount of the deferred impact fees is Fourteen Thousand Nine Hundred Eight Seven and 08/100 Dollars ($14,987.08). 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 impaet 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 16 D3 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 fces 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 otherwisc be superior and paramount to the interest in the dwelling unit of any owner, lessce, 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 solc option, collect thc impact fee amount in default as set forth in the Ordinance, or bring a civil aetion to enforce this Agreement, or declare that the deferred impact fees are then in default and immcdiately 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. DC. J1Uty Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, /() ^ I I .. By: DJ;;~;~A, ~~~IRMA~0127/2009 Attest: DWIGHT 1i,,~RQCK, Clerk '" '\'~ . ~". \." ~ By: " ,; \".;:.<:~. :. ':)~:\~:,.. '," ;;{~~~~:'.I'~ . ..J( r:;: " . ~,\"')' d., I~I f, . , ":,,l. 2 16 n~ WITNESSES AS TO BOTH SIGNATURES Witnesses: , '-1l!ct lei:,,, 0 it {, ( ,j. Print Name rJ li;,.jh,- /-) Iv:"((.",/~; O~ER: '" PMnfAA- AJfvu?f-' ftl 'Leonardo Hernandez Ortiz~' ,- - ~ (................ Wi~~ PritName C- ~~ OWNER: . \/)i (\( 'k:l tz\ \Cy(\\( ctY Bianey Hernand z STATE OF FLORIDA) COUNTY OF COLLIER) greement was ackn01ledged before me this ~ day of ~-r, ~ l1'&1ho is personally known to me or has produced as proof of identity. The 2009, by ledgment Si Approved as to form and legal sufficiency: ~~ Colleen Greene/ Assistant County Attorney 3 EXHIBIT "A" 16 D3 LEGAL DESCRIPTION Lot 48, 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 3716 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450. I 8 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 4