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Backup Documents 06/23/2009 Item #16D 1 1601 Return to INSTR 4323445 OR 4475 PG 2589 RECORDED 7/27/20091004 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 File# 09-134-IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 1000/0 OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 23rd day of June, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Pabiliee Anofils" (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 Twelve Thousand Four Hundred Forty 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 16 (] 1 ~ 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. ~ROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: 06/23/2009 D NNA FIALA, CHAIRMAN ~ .~It,:. " .1..........~, .' 2 160l WITNESSES OWNER: Witnesses: , -fY'\ Cl(Ul~\ CtLun.u:Jv Print Name (\ \C\y-~h':\ ~ \\J(l.rc.Ju p ~ B \ L\ t ~ ~ \\ Q f \ \ f Pabiliee Anofils $~ Prl ! ~ OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The Jlr9gojng Agree~~CknOWledged before me this .;JI day of ///7'1 j , 2009, by {fiL21 /1(6 ..~ ' who is personally ~wn to _n.!e ~ . as proof of identity. OT ARIAL SEAL] ~ AGNES MENDOZA "-~ MY COMMISSION II D0594447 ....oo~r./ EXPIRES: ScptemtJl'Jf 12, 2010 '-30N0TARV H. NowyDillCoul1I!Iaoe. Co. Cf>>W&1 ~~ Colleen Gre~e Assistant County Attorney Approved as to form and legal sufficiency: 3 16 D 1 ~ EXHIBIT "A" LEGAL DESCRIPTION Lot 44, 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 3700 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 1. Law Enforcement Impact Fee $171.61 TOTAL IMP ACT FEES $12,442.46 4