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Backup Documents 10/27/2009 Item #16D 3 T 6 ir4C"c ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP ll-l TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO Print on pmk papcrTA~a~ ~~~~~c?m~ll~~g~~!:':l1~~~~b~~~'~~~~!}~ te~~~S~c~~~o~,~~~~~~~E~110a]3 documents an~ to be forwarded to the Board 01Ticc only after the 131lard ha~~ taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the exceotion of the Chairman's signature, draw a line throup"1t routinp" lines #1 thlOuph #4, comnlcte lhe checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routin!! order) 1.Frank Ramsey Housing and Human Service --rI- 10/27/09 2. Chairman Donna Fiala Board of County Commissioners 3. 4. /1 5. Ian Mitchell, Executive Manager Board of County Commissioners V- I o/nlo J ,...c.; " '. 6. Minutes and Recotfls Clerk of Court's Office . " PRIMARY CONTACT INFORMATION (The primary contact is,.tnc holder of the original document pending Bee approval, Normally the primary contact is the person who crealedJprepared the executive wmmary,PtitlUlry cQ/ttact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing informatipir.'All'original documents needing the BCC Chairman's signature are to be delivered to the BCe office only after the BCC has acted to approve the ) ,. Item. ' ,itI Name of Pr.j)nary Staff Frank Ramsey. Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 10/27/2009 Agenda Item Number 160-3 Approved by the BCC Type of Document Agreement Number of Original 12 , Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a fa riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, musl 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 conlracts, agreements, etc. that have been fully executed by all parties excepl the BCC 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 arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are 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 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 our deadlines! The document was approved by the BCC on 10/27/2009 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. Yes (lnilial 2. 3, 4, 5. 6. -iC --tI- 1: rorms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03,04, Revised 1.26.05, Revised 2.24.05 Return to l' D3 ~ INSTR 4358352 OR 4505 PG 2564 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10-002- 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 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marta D. Serrano" (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 Twentv Nine Thousand Six Hundred Fortv One and 30/100 Dollars ($29.641.30) 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 1603 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. ,\." C (~t/' ~ . ,';" ""'\'/5' By:-3ff':'.....~( - , "'.': 'I. -c..' . :'). . . puty Clerk ~....' '.'o' . 'f",~i.r:.ia"~ ,,}R t, .' " . t,'.:?t " -,D,II , ','v It~, :0 "'~ " \ , BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA, By; ~ d'~.10/27/2009 DONNA FIALA, CHAIRMAN Attest: DWIGHT E. BROCK, Clerk 2 16>D3 WITNESSES .~(tf~ 'ntName \(ol~~~ OWNER: ,~-B'- , Marta D. Serrano OWNER: ~~~ Print Name /\ IN/>1C< '" - T r:t- STATE OF FLORIDA) COUNTY OF COLLIER) The S~~<n.\'~, produced foregoing Ag~e\,ment was acknowledged before me this z..~ day of 2009, by 1\1\0,\0.. '\J. S~O , who is personally known to me or has y L ~ l- as proof of identity. ~\\1I"'1f'",1. ~...,\\\ ~ LOJ:i: ""''- ~s ~.~)...'r... -1~ ~ "'TAli m1!'~[,'F' '-' Ll~~. ~y<<,-~ S . -. e,...::. = : My Comm. Expire. . 0;; = : August 29, 2010: = ~ i. No. 00 590338 : E ~d)... .: $ -:':,-;. -. PU8L\!i.. ~"t.# Approved~~...O~~~ ~~!"QF F\,; "" and legal SUtflCremtiilll""'\ ~-- 'l f;L ~~ Signature of Person Taking Acknowledgment Recommend Approv 1: L..J A ~O.mPik-jJt~ 0 Colleen Greene Assistant County Attorney .. M rcy Krumbine, Director Collier County Housing and Human Services 3 16D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 25, Block 3, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5205 Gilchrist Street, Naples, Florida 34113 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 Buildings Impact Fee 1. Law Enforcement Impact Fee J. Sewer System Fee K. Water System Fee TOTAL IMPACT FEES $112.46 $122.36 $503.49 $1,075.25 $2,378.20 $9,026.12 $8,247.62 $796.05 $309.75 $3,495.00 $3,575.00 $29,641.30 4 Return to INSTR 4358353 OR 4505 PG 25681 ~ 0 3 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 FiJe# 10-003-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 27'h day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Brunei Alcenat and Mirlene Alcenat" (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 shalI be paid in fulI 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 Twentv Nine Thousand Six Hundred Fortv One and 30/100 Dollars ($29.641.30) Repayment shalI include any accrued interest. Interest shalI 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 1603 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 c BOARD OF COUNTY COMMISSIONERS COLLIER C TY, FLORIDA, ~ d'~/27/2009 DONNA FIALA, CHAIRMAN By: {I V\/:\, l"n By: l ; ~; j t, \ .. Depu1y Clerk "t~ a{;~~.~ . .19liltri:0IX'" ::.". '," ", (;., I.. ",' . . -~ ' I Uf,- .":j"';'\ , ""I 2 4 16D3 WITNESSES AS TO BOTH SIGNATURES OWNER: (3h,...,~ 'JOit"~.'03-' BruneI Alcenat OWNER: ,-4/{t~h Mirlene Alcenat , Afj"PAU:ML STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing A r ement 't\,z\ \l 009, by ~ produced ,,\," f~ 'II $~ v .~"y.....:,O !~ .~ ~.. ... ~~~>~ ;,% ~ ~~~ r.J..(f,'" ~ .\\O'~., .,.. .~. ~ ~ ., P\,)..;~:oti: ~... .......~""-$ '''"f7'A TE q,,\'" Approved as ~'ItlH\\.' and legal sufficiency: ~~ Colleen Greene / Assistant County Attorney owledged before me this ~ day of who is personally known to me or has as proof of identity. Signature of Person Taking Ackno ogment Recommend Approval: ~. -fJ 3 16D3 EXHIBIT" A" LEGAL DESCRIPTION Lot 26, Block 3, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5201 Gilchrist Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact 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 Buildings Impact Fee I. Law Enforcement Impact Fee J. Sewer System Fee K. Water System Fee TOTAL IMPACT FEES $ 112.46 $122.36 $503.49 $1,075.25 $2,378.20 $9,026.12 $8,247.62 $796.05 $309.75 $3,495.00 $3,575.00 $29,641.30 4 Return to I NSTR 4358354 OR 4505 PG 2572 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County UUS 3301 E. Tamiami Trail Naples, Florida 34112 '1603 File# 10-004-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 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Charlene Isme" (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 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 of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twentv Nine Thousand Six Hundred Fortv One and 30/100 Dollars ($29.641.30) 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 16D3 \ terminate upon the recording of a release or satisfaction of lien in the public recorcs 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. BR?f~il,~)~~k , . ......:JJ'.;... .\" i7/;~' '. (:~':r By: (~ '--, ~~ "'{i~ ~~~,. 'at ", ..,;I).ep~ Clerk 'tgw.f~..'i1i, '; ~ I .' ( . " .'j. '.. '. ~ t I(R CitY" . By: "*".,.,. 2 t.~D3 .J:'~' WITNESSES ade m~o ~Wi Charlene Isme OWNER: Wi~~~ Pri t Name au" ,-r ' STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreem'int was acknowledged before me this ~ day of 51.f~..Jo",r 2009,,\h>!I""'l,~hO-{ ~hE. Tc,m,"-., who is personally known to me or has produced ~",,~I'- LOI'I':';"',s as proof of identity. .!O~..~6T.(~j:."~~ S~.. -;'(<\";:. ::: : MYComm Ex , -.c...-'a [NOTiRD\IMju~RC"" : 0 ~ - . No DO 10.. ~. .5903.... .... 010. E ';<P,)I: -.. I) .'!'IIi ~, .,~.!J.B.'-\!i" ~~,' ";',"'- OF FLO'i' ~", "1"111111'''''\ Approved as to form and legal sufficiency: fJt2~Idr~fl1-.L Colleen Greene Assistant County Attorney Signature of Person Taking Ackno edgment Recommend Approv arcy Krumbine, Director Collier County Housing and Human Services 3 16D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 15, Block 14, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, pages 86 and 87, Public Records of Collier County, Florida STREET ADDRESS 5357 Trammell Street, Naples, Florida 34113 EXHIBIT "B" IMP ACT 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 Buildings Impact Fee 1. Law Enforcement Impact Fee J. Sewer System Fee K, Water System Fee TOT AL IMP ACT FEES $112.46 $122.36 $503.49 $1,075.25 $2,378.20 $9,026.12 $8,247.62 $796.05 $309.75 $3,495.00 $3,575.00 $29,641.30 4 Return to INSTR 4358355 OR 4505 PG 2576 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 16D3 File# 10-005- 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 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Leonardo Aguiar Figueredo and Alexys Aguilar" (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 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-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 16D3 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. By: '. 'j' ,,' ," BOARD OF COUNTY COMMISSIONERS COLLIE OUNTY, FLORIDA, d~ Attest: DWIGHT E. BROCK, Clerk By: ~.' ; A;tHCn " .' 4'::';;< .tgi(lat.. , . .... 'J .' 1..(." 'fit/-; ,,-' \' . ," 2 16D3 WITNESSES AS TO BOTH SIGNATURES OWNER~ Leonardo Ag Jar FIgueredo W>>~ Print Name ~~ ",-(;.;0 OWNER: r Alexys Ag liar STATE OF FLORIDA) COUNTY OF COLLIER) 2009, T e foregoing Agreement was~acknowledged before me this ~ day of 5..p ~""b<,x , by J Jt \;:' ,!A.. ,who is persona lIy kno'^2! to me or has produced t'" L !'> \... as proof of identity. \'''''''''''''' ~\\ LO '" ,"\ "'- ~O ..~ . .~i~ S.;;f:- ..v~ = : My Comm. Expires: 0 = ;: : August 29. 2010: :: i -. No. 00 590338: S ~ . . ~ Approve\~ N.tttm.\~":QT.! .,,;1!t~...... ~''"'' and legal S~J~1!Sl':F\.O\\\\\ ",""",,",,\ ~~ jj(fjJ2, e / - Colleen Greene Assistant County Attorney ?Z- '2 4) Signature of Person Taking Acknowledgment Recommend Approval: iJ JJ ar y Krumbine, MP A Director Collier County Housing and Human Services 3 16D3 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 $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMP ACT FEES $22,325.96 4 Return to INSTR 4358356 OR 4505 PG 2580 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10-006-IF 16D3 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 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Farah LouisfiIs" (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 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 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 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-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 16D3 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 maximwn 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 .". ~i crd.l1J!~<" By: (Llt~, : ::: ~W; .. . . uty Oerk Attest.t.~..tJ\~al,~' J". , . ~ ..M;~./.~i (': "\ .;; '~:,"\ l: \ BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLOR~A,_ ~d-~ By: 10/27/2009 DONNA FIALA, CHAIRMAN 2 I)t was acknowledged before me this 2L day of ~ ~~~"'<, who is personally known to me or has produced ;;~~~cr<i~ ,~ Signature of Person Taking Acknowledgment WITNESSES , C0~d::~: ~~d Print Name elifiCr t?,/-krl>7C<d STATE OF FLORIDA) COUNTY OF COLLIER) 2009, The foregoing 1'gree by Cno. \.; ~0~ 't'1.-- DL ..~"',.,,,.,,,,,, ~,. "", OTA '''',. [N ~~ ,,'tl ~ t!"r" S""".' ".~~ .. '.1.1 I"l_ ."""" ... . lJiY\,IQmm ."'-:: : . A._ .E!<. .....- = . '."'YUlt29 Pit8"O= S : No.DD'til.~!O: ;; ~~.. .._.. S Approved as t\, ~~LI("' ... .f .~' -'. .~.':to s and legal SUffiCI :OF .,;i.o....'~,'.$' M~~ Colleen Greene Assistant County Attorney 16D3 OWNER: ~L~u~b C OJII :j~ OWNER: -tp a cy Krumbine, Director Collier County Housing and Human Services 3 16D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 67, 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 13545 Koinonia Drive, Naples, Florida 34114 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 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMP ACT FEES $22,325.96 4 Return to INSTR 4358357 OR 4505 PG 2584 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10-007-IF 16D3 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 27'h day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Francois Cheri Ius and Joceline Cherilus-Clervil" (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 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 16D3 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. ~~QQKw ~\erk (.'>,' ." " "),, [Ii , ',..'~i Ii>. .~ . 'I'~.- /~, <:~. n. '." ~: \ ";';-, ;~I ", .;;, Vt ( . "'" ': et1l'...' t..y Clerk ~,_",.,,,,,J::", ' S fon ..t..;",.,:U4p..~ . a'.,t.d"/J-.Qft,1 w",.' ~ ,'"' 1/;. dr'\ ' BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA, By: By: ! 2 16D3 WITNESSES AS TO BOTH SIGNATURES Witnesses: '--1fI(;,ttils;. O.1JC<.[.jG Print Name rY)n ,H){~ H Ivcroe.h" OWNER' . ( kf-R?1 j\/ C tJ/CHFI'2f Wc- Francois Cheri Ius ~ Prmt c....:... OWNER: /::CT&Cd.4V!C~> Joceline Cherilus-Clervil STATE OF (FLORIDA) COUNTY OF (COLLIER) oregoing ~reement was acknowledged before me this M day of ~ un '~o is personally known to me or has produced as pr ~f of identity. 2009, , AGNES IlA ~~ MY COMMISSION # D0594441 ~ EXPlRES,S'l'''''''''12.201O 1~"NQfAJlV I"I.NOW)'DiIcounIAllec.Co. Si Approved as to form and legal sufficiency: Cj)/()OPA.A-~_ Colleen Greene Assistant County Attorney " --R arcy Krumbine, Director Collier County Housing and Human Services 3 16D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 58, 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 3756 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMP ACT 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 Return to INSTR 4358358 OR 4505 PG 2588 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples, Florida 34112 16D3 File# 1O-008-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 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Romener Baptiste" (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 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 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 Twelve Thousand Four Hundred Fortv Two and 46/1 00 Dollars ($12.442.46), 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 1603 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. By: ~ Attest ..; .1.....~',;" ~; ". . '(,'-r_"'~, '.,_ . ~.' :, ,:-:f1:~'i',"' -'>, f ~ ~: ....,,<~'ti:). ,-" '.? ~. ',_, rr." ..'_ ,t \..J '~:2;~;{'f':J;'i\' :.' BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA, By: d~ 10/27/2009 DONNA FIALA, CHAIRMAN Attest: DWIGHT E. BROCK, Clerk 2 . 1603 1 WITNESSES OWNER: -Rmn~QA ~i Romener Baptiste OWNER: /) '"I r f.<J,c0J'-..._ 'of ,tcU1 STATE OF (FLORIDA) COUNTY OF (COLLIER) oregoing Agreement. was acknowledged before me this~ day of ~ ' , who is personally known to me or has produced ..,.... as proof of identity. 2009, [NOT ARI (j!;ME 4441 ~~ CONlM\!~~~i.9lOIO r.t nl<I'\IU8''''''~'-- ,,,,,,,,,Co- "lil;' ~ ,,~~..- ,:r.r4l\l! ' App s to form and legal sufficiency: rJ.~OO~~iAJL Colleen Greene Assistant County Attorney -R y Krumbine Director Collier County Housing and Human Services 3 16D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 39, 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 3680 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Building Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46 4 Return to INSTR 4358359 OR 4505 PG 2592 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# lO-009-IF 16D3 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 "Jean H. Tira and Fleurilia Senatus" (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 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 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 Twelve Thousand Four Hundred Fortv Two and 46/100 Dollars ($12.442.46). 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 16D3 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 By: ,,\,1'f ('i I, ' ~~".. <:...... , . BOARD OF COUNTY COMMISSIONERS COLLIER C TY, FLORIDA, dr' By: " ........., I"~ 'I' ;\,\ \ \" (..,,, ~ 2 - . WITNESSES AS TO BOTH SIGNATURES Witnesses: , , --n ,crf,;t at",ocCwk.. Print Name rYJo.,~+lt"- i ,It, , " Fr~~~~ Pr t Name f r'oS&Kclt... STATE OF (FLORIDA) COUNTY OF (COLLIER) 16D3 OWNER: ~.f{.77If1? an H. Tira ~R ..~ ~ f<ta . <lit Z~ Fleur! Ja Senatus ~ ~e.l:Qing A~ r acknowledged before me this ~ day of September, 2009, b)(.. .' ,J I r l. . who is personall known to me or has produced a oof f identity. [N>~"1b~ ~~ MY COMMISSION # D0594447 ' ~ EXPIRES,Scpt"",,,,12.201O I~OTARY Fl. NotaryDiscountAssoc. Co. Approved as to form and legal sufficiency: C~~_ Colleen Greene Assistant County Attorney Recommend Approval: o ....P If. a y Krumbine, Director Collier County Housing and Human Services 3 EXHIBIT "A" 1603 LEGAL DESCRIPTION Lot 45, 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 3704 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Building Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46 4 Return to INSTR 4358360 OR 4505 PG 2596 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples. Florida 34112 1603 File# lO-OlO-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 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Corcotte Michel" (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 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 I 16D3 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. BOARD OF COUNTY COMMISSIONERS COLLIER. UNTY, FLORIDA, By: ~ d~ 10/27/2009 DONNA FIALA, CHAIRMAN B~ ' -1,1-'" ..". ",- ,,of " q'" i\: "': ". .'" ". .' rDeJ2lity Clerk . :~t~!t(!~ to.~. . .igll~ ~:""~ . "J.;, 2 WITNESSES Witnesses: ---{)7ClttJ0 QJI..H.ltcuj.e, Print Name (Y7{l,rt-I){t ?J 1,,(lrc~Jo w~ PrintN e ~~c..) STATE OF (FLORIDA) COUNTY OF (COLLIER) 16D3 OWNER: ('1>/1/'odf' /77, c/lfil Corcotte Michel OWNER: 2009, ThyfOregOin~Agreem~~OWledged before me this ~day of ~ ' by LQ(' c>> (.. U ~ , who is personally known to me or ha produced -. as 1 uf id",uti~. [NOTARIAL SEAL] . ;if AGNES .~,,~dP ~~~~~#DDS~ ~!... fl";""~12,2010 Approved as~~.-<;, . ", '~~ and legal suffiCIency: e~~ Colleen Greene Assistant County Attorney owledgment Recommend Approval: ~ r Krumbine, Director Collier County Housing and Human Services 3 16D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 64, 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 3780 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 IMP ACT FEES $14,987.08 4 Return to INSTR 4358361 OR 4505 PG 2600 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 16D3 File# 10-011-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 2ih day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Teresa G. Guerra" (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 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-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 1603 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. By: BOARD OF COUNTY COMMISSIONERS COLLIER UNTY, FLORIDA, By: ~ ddlO/27/2009 DONNA FIALA, CHAIRMAN Attest: DWIGHT E. BROCK, Clerk 2 WITNESSES Witnes Print Name STATE OF FLORIDA) COUNTY OF COLLIER) ilVOOw- ~ Colleen Greehe Assistant County Attorney 1603 ~) T rrano OWNER: was acknowls:,dged before me this _ day of (,. e-rfd- L.ra\'<Who is per<onallv known to me or has -:-\- .D L- as proof of identity. owledgment .J 3 1603 EXHIBIT "A" LEGAL DESCRIPTION Lot 183, 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 13520 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 $450.18 I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMP ACT FEES $22,325.96 4 Return to I NSTR 4358362 OR 4505 PG 2604 RECORDED 11/3/2009 1102 AM PAGES 4 DWIGHT E BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 16D3 File# 10-012-1F 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 "Gilbert Hippolite and Anie Hippolite" (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 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-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 I 16D3 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. By: ...-- BOARD OF COUNTY COMMISSIONERS COLLIER C NTY, FLORIDA, By: ~ d~/27/2009 DONNA FIALA, CHAIRMAN Attest: DWIGHT E. BROCK, Clerk (,. , .". ept!iy Clerk A~~.. ...... 'n_ .t-~.:......'"'1, ,." .' .... -~~-~""".}. . ., ~+ . '" . "Jr_ .' \>.... . 1: ::'(L,r:tt\'\ I. ~ ~ 2 1603 WITNESSES AS TO BOTH SIGNATURES OWNER: Witnesse W~.ss,9S' d ~ // /b;ru. -4..- . Print Name rf01C-1f/Vt- I dt!A- r/LEJo OWNER: /JAffe H/~ Anie Hippolite STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this 2l day of !'tills"!?! , 2009, by , wh,?is personally known to me or h s produced . "\'\'"""""," as proof of identity. ",~ 0 P.A- rFfI$: fI". ~' ~ ..j:('~... v:'" !~~.b-<t- :;..0\ icWOT~I\l~LI ~z: ~1v~o\'l.9...~~:<f: '\ -.. ~.OQ ,0.:11 '\ -.. p~~.. O~.. ...~ '-~.....~ ~'\" "~..~4n; 0-: .,.... Approvea .",,~\' and legal sufficiency: ~ Assistant County Attorney Sig~n T~cknowcient Recommend Appr val: ~ -I Marcy Krumb Director Collier County Housing and Human Services 3 16D3 EXHIBIT "A" LEGAL DESCRIPTION Lot 188, 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 13540 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 $7,858.52 G. Road Impact Fee H. Government Building Impact Fee $450. I 8 I. Law Enforcement Impact Fee $ I 86.20 J. Water Impact Fee $3,6 I 6.49 $3,722.39 K. Sewer Impact Fee TOTAL IMPACT FEES $22,325.96 4 Ann P. Jennejohn - :16 D 3 ' From: Sent: To: Subject: RamseyFrank [FrankRamsey@colliergov.net] Tuesday, November 17, 2009 8:16 AM Ann P. Jennejohn FW: File 09-139 IF Leonardo Ortiz Hernandez Lot 48 Liberty Landing---- 3716 Justice Circle, Immoklaee FL 20091116145831861.pdf .i \~ '"...... Attachments: Good morning Ann Sorry for the delay on this (I was on vacation). Here's the release we were waiting for in order to process and record the new impact fee deferral agreement. If there is anything else you need from me please just let me know. Thanks! Frank "Buddy" Ramsey Housing Manager Phone: 252-2336 Fax: 252-6542 Under Florida law, email addresses are public record. If you do not want your email address to be released in response to a public records request, do not communicate with this entity via electronic mail. Please contact the office by telephone or in writing. From: Norma Lora-Trejo [mailto:nlora@hfhcollier.com] Sent: Monday, November 16, 20093:16 PM To: RamseyFrank Subject: File 09-139 IF Leonardo Ortiz Hernandez Lot 48 Liberty Landing---- 3716 Justice Circle, Immoklaee FL Hi Buddy, The Impact Fees Agreement for Lot 48 Liberty Landing went to Collier Board of Commissioners' meeting on October 27, 2009. This lien has not been recorded. I assume this lien was not recorded because they had a lien on lot 128 Liberty Landing. This lien was release(Please see attached file). Thank you, Norma Lora- Trejo Family Services Coordinator 11145 Tamiami Trail East Naples FL 34113 (239) 775-0036 (239) 775 -0477 fax 1 *** INSTR 4360014 OR 4507 PG 483 RECORDED 11/6/2009 9:48 AM PAGES 1 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $10.00 *** 16D 3 Prepared b)': Frank Ramsey Collier County HI/using and Humilll Services Dept 3301 E. TamiamlTrail Naples, FL341l12 THIS SPACE FOR RECORDING RELEASE OF LIEN This RELEASE, dated September 30,2009, TO HA VB AND TO HOLD, The same exonerated and discharged of and from t . LOT 128, LmERTY LANDING, AC 0 RECORDS BOOK 47, PAGE 71 T 0 FLORIDA (3775 Justice Circle, Imm ka AS RECORDED IN OFFICAL S OF COLLIER COUNTY, [-I , heirs and assigns forever, freed, ereof; provided always, nevertheless, SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES: ~':-:;:;':lL~ ~ Signature: _~j _ Print Name: Priscilla Doria State of Florida County of COLLIER .:~ I am a notary public of the state of Florida , and my commission expires: THE FOREGOING INSTRUMENT was acknowledged before me on ~ 2009 by Marcy Krumbine, Direction Housing & Human Services, on behalf of Collier CountY! She is pcrsonall known to me. ...."I'..... ,"~ c.... 101I"".".11'11111.'1111'1 Notary pea PRIOCllLA Dolt A II <l1'""~ CommJDDOI'1838 . i1 Explre.8I2O/2(l13 ~ . V FIotldaNolMyAlln.,1nc ............ II,n'.,lnll.llltt. ...... "'....; Signature: Print Name: INSTR 4364700 OR 4511 PG 221 RECORDED 11/18/2009 3:43 PM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 16D3 Return to Frank Ramsey Collier County HHS 3301 E, Tamiami Trail Naples, Florida 34112 File# 10-001-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 27th day of October, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Leonardo Hernandez Ortiz and Bianey Hernandez" (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 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 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 OR 4511 PG 222 16D3 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: ':."".PWI~~T'~~~~9CK, Clerk ;:(,~?{::'~~;~;i:~~C~~\ . .:,....,1.,.'f,.~~.:..~..:..\.~.~('........, .i/~~? ;~~t:'..t... . ....., f--.5':llrt-"'~~"1 ~..' .~ . '~:'. 1~~;~.':"...' )~-::"..' , "', (.0;;'/1'If..' <;,\\ /' :' '~':~F;t:~;';'~';. ",..~;.;. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: ~ dtf}? 10/27/2009 A FIALA, CHAIRMAN 2 OR 4511 PG 223 WITNESSES AS TO BOTH SIGNATURES .:!Jnsses: Ju Print ~tJ lvaro.di;) w~~ Pi iName~:-~~ OWNER: ~\ (\('{'l ~-hrrY)J'd:Y Bianey Hemand 16D3 STATE OF FLORIDA) COUNTY OF COLLIER) The gre ment was ackno ledged before me this ~ day of ~, 2009, by ~o is personally known to me or has produced as proof of identity. Si ledgment J 3 *** OR 4511 PG 224 *** 16D3 EXHIBIT "A" 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" 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 G. Road Impact Fee $1,907.85 $3,139.61 $7,858.52 $450.18 E, Regional Parks Impact Fee F. Educational Facilities System Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee $186,20 TOTAL IMP ACT FEES $14,987.08 4