Backup Documents 06/09/2009 Item #16D 5
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16D5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pmk paper. Attach to original document. Original documcnts should be hand delivered 10 the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #] through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excePtion oflhe Chairman's signature, draw a line through routing lines #1 throul!J! #4. complete the checklist, and forward to Sue Filson (Iine#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.Frank Ramsey Housing and Human Service ~7f- 06/1 0109
2. Chairman Donna Fiala BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta:t is the holder or the onginal document pendIng Bee approval Normally the plimary contact is the person who created/prepared the exccutivc
summary. Primary contact information is needed in the event one oCdle addressees above, inelu.ling Sue FIlson. need to em tact statTfor additional or missing
information. All original documents needing tlle Bee ehainmul's sIgnature are to be delivered to the Bee office only alter the Bee has acted to approve the
item.)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 06/09/2009 Agenda Item Number 16D-5
Approved by the BCC
Type of Document Agreements Numbcr of Original 6
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Ycs column or mark "N/A" in the Not Applicable column, whichever is Ycs N/A (Not
appropriate. (Initial) Applicablc)
I. Original document has becn signed/initialed for legal sufficiency. (All documents to be
signed by the Chainnan, with the exception of most letters, must be reviewed and signed '1L
by the Office of the County Attorncy. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executcd by all parties except thc Bce
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions havc been initialed by the County Attorney's 7i
Office and all other parties except the BCC Chairman and the Clerk to the Board J".
3. The Chainnan's signature line date has been entcred as the date of Bce approval of the ~
document or the final negotiated contract date whichever is applicable. ---.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's ~~.
signature and initials are required.
5. In most cases (some contracts arc an exception), the original document and this routing slip
should be provided to Sue Filson in the Bee office within 24 hours of BeC approval. ';-f~(
,-
Some documents are time sensitive and require forwarding to Tallahassee within a certain ,-".
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on 06/09/2009 and all changes made during Yi-
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chanl!es, if applicable.
1: Formsl Cowty Forms/ BeC Forms! Original Documents Routll1g Slip WWS Original 9.03.04. Revised 1.26.05. Revised 22405
L..., 4306406 OR: 4461 PG: 0060
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
06/11/2009 at 08:49AM DWIGHT B. BROCK, CLBRK
RBC FEB 35.50
RetD rn to COPIBS 4.00
Retn:
Frank Ramsey CLBRK TO THB BOARD
Collier County HHS
3301 E. Tamiami Trail INTBROPFICB 4TH FLOOR 16 D~
l'iaples. Florida 34112 BIT 7240
File# 09-129-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 9th day of June, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "J. Guadalupe Jimenez and Senaida R. Jimenez"
(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:
l. 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 Twenty 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 offive percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total tee 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
~'''',,., ~.. .~"..=-,--- ~ --w ",~,.-",
OR: 4461 PG: 0061
160,
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: ..,..' L.'~I . BOARD OF COUNTY COMMISSIONERS
DWIG;fir~. BROCk: perk COLLIER UNTY, FLORIDA,
~ I d
" ..' ..... ........ . -
.t. ". .'~~ By: "'. ~ ,l<t."'10912009
,'.\ . "'.h'~ I1eolltYflerk DONNA FIALA, CHAIRMAN
A,"st u . to- V{'. rrIMif
.1~lt~.~f ·
2
,~-" --- "-,-_..--- "-"~______';__''''''.'~_'~'',,,'''",.,,__ 1- ..__"~".,.~.,~,",,._.,,- '.-' .-,.__
OR: 4461 PG: 0062
16D5
WITNESSES AS TO BOTH SIGNATURES
OWNER:
J. 'q'~ac.4;, (...Jt"€.. :J.-n-<'-J.u3. ....--a--,
J. Guadalupe Jimenez
OWNER:
~'ernl(',J, <.\ I? J 1'7Yl f> ne'2-
j Senaida R. Jimenez
(.)
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoin Agreement was ack owledped before me this IS day of ,
2009, by . .', ~ cr, ,.Ja ,I"w1rolis personally known to me or roduced
If.;, as proof of identity.
,.,. \..ORA.7'
!O"~"";';"~"~~ ~
~~ .",,0 . v
::: · . 0
i~~~~~L] /
-; . t.Illolll1\ 'lit 3& :
; .. NO.OOS9~ : ~ ~
~ -.. ~..~~
~ · pue\; .' !fo'
~'~)-"'..."..f\.O ~"'i
""I 1'E Of ""'
Approved a~"'~"~
and legal sufficiency: .
CM~~ a cy Krumbine,
Colleen Greene
Assistant County Attorney Director
Collier County Housing and Human Services
3
-~--,-----,.".....,,- .-..<."..-'" ~:'- nn IT" nlll . ,~ -~"""<-'""""'""'-"~""'''-.- ,--~-~._.
*** OR: 4461 PG: 0063 ***
EXHIBIT" A" 16D5
LEGAL DESCRIPTION
Lot 69, 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
13553 Koinonia Drive, Naples, Florida 34114
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 $450.18
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
"_~_'._""~.___..',,,m"__ ". "m.~~_.,~" ~ .. . V ....1It .__,_... ~ _]7' '. ~_"< ".~.~'cr.._"...".
L4 4306407 OR: 4461 PG: 0064
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL
06/11/2009 at 08:49AM DWIGHT E. BROCK, CLERK
REC PBB 35.50
Return to COPUS 4.00
Retn:
Frank Ramsey CLBRK TO THB BOARD
Collier County HHS
3301 E. Tamiami Trail INTBROPPICB 4TH PLOOR
Naples, Florida 34112 BIT 7240 16 D5
File# 09-128-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 9th day of June, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Manuel R. Garcia and Sandra Garcia"
(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 contlict 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 Twenty Two Thousand Three
Hundred Twenty 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 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
<.~~.-.._-- .~.- .,-~.,,_.__._~--_..._---_._---,--_._---~,,---_....._.._.---
OR: 4461 PG: 0065
lenninate upon the recording of a release or satisfaction of lien in the public records of the 16 D ~
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Atte'st:: /." BOARD OF COUNTY COMMISSIONERS
"~";.oWIGH1 E~(lR.OCK, Clerk COLLiaOUNTY, FLORIDA~
By: ~ ~ .J~6/09!2009
, DONNA FIALA, CHAIRMAN
i)f; i ·
2
,-~~-,--~---,--,_......~.'<
OR: 4461 PG: 0066
WITNESSES AS TO BOTH SIGNATURES 1605
OWNER:
~p/.R. ~~
Manuel R. Garcia
OWNER:
~~ c/rcl G:rcl 'Ct
andra Garcia
STATE OF FLORIDA)
COUNTY OF COLLIER)
knowledged before me this ~ day of ,
~().Who i~ personally known to me or
as proof of identity.
",,,....,,,,,, ~Z-v ~ :;tq-
!to""" "^^ 1.0 "~"'"
[NOT A~M~Al$}-~4'?"" "
~. ~:.>-\
..,Afy .., Signature of Person "fa ing Acknowledgment
= : c% ..~,
.. · ~ 1IIE. ·
= : M II,/;i. -.tPir.,: Co.-
;~~. "Dos;."'" :,
-..,.A ~3,.
Approved as to f~...~ll~ ..... Recommend Approval:
;'.o!I 0 .... 't-,;'
and legal sufficiene,.,,/" FlO~\O"...
~~....:........ arc Krumbine, M f\.
Colleen Gene
Assistant County Attorney Director
Collier County Housing and Human Services
3
"'._.""'_..-._--,.---_._-~"--,. -_.-,..,-, ----~_._--~ " ._------,-_._._..~-
*** OR: 4461 PG: 0067 ***
EXHIBIT "A" 16D5
LEGAL DESCRIPTION
Lot 70, 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
13557 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
1. Water Impact Fee $3,616.49
K. Sewer Impact Fee $3,722.39
TOT AL IMP ACT FEES $22,325.96
4
----.-.----..-.--.----.-
, . 4306408 OR: 4461 PG: 0068
L-Lf RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
06/11/2009 at 08:49AK DWIGHT B. BROCK, CLBRK
RBC FEB 35.50
Retu rn to COPIBS 4.00
Retn:
Fmnk Ramsey CLBRK TO THB BOARD
Collier County HHS
3301 E. Tamiami Trail INTBROFFICE 4TH FLOOR
Naples, Florida 34112 BIT 7240
File# 09-132-IF 16 D!
Th is 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 9th day of June, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Eveline Toussaint" (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 Twenty 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
.- -...---,'- ...A'. .. '~'-'''''-'' . Till ~ri..,.,y_..,,~' .'_,n,.__
OR: 4461 PG: 0069
terminate upon the recording of a release or satisfaction of lien in the public records of the 16 0 ~
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 defilUlt 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, ". 'c <, BOARD OF COUNTY COMMISSIONERS
DWIQl-IT, EB.R()CK;..~~lerk COLLIE OUNTY, FLORIDA,
~~~~ By: ~ d~6/0912009
:\ttUttri to ew.a~ ~lerk ONNA FIALA, CHAIRMAN
S \ j> l \..,q,'= ,:~:.."
2
..,~~-" ~ w,~...,. "'_'~'.~ Ilk'''_ - "1"'<1'<1' 'II". ...... WlPMr _. ~.... .-
OR: 4461 PG: 0070
WITNESSES 16 D 5
~ OWNER:
Witnesses: (jJ~JJ ~.
Print Name ~R_ '~y we-In. \ Eveline Toussaint -
OWNER:
W~~.S:'....... ~. ~
'~~4 -k1'71
Print Name N (J/L-tn /I- Lej(JA- fir l:J (.!
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of ,
2009, by \"'''tt..~, , who is personally known to me or
~"'~' LOAA. i"", as proof of identity. -
$'~~ 'l~C;1;'A.';.e:'~ "
~ ~-..~ . v\
~ 0: . e. 0 i
~~~~\~:\~] I
~ ~ No 00510338: ~
\ .... .. ~ ~
~ .C'.. ... I>U8\.~. ~ ~
...~- .1'..., · . . . .. ottO +~
ilII,,!'! OF f,,~,'\"
ft....."
Approved as to form
and legal sufficiency:
.
r ~~/JUJ2- ~
Colleen Gree e
Assistant County Attorney
3
-_.<...~~ _._----_._._-------,--"--,~-_.._._-----_..~-_._-_.._--._--,. .
-
*** OR: 4461 PG: 0071 ***
EXHIBIT "A" 16D~
LEGAL DESCRIPTION
Lot 192, 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
13568 Koinonia Drive, Naples, Florida 34114
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 $450.18
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
<~-...- ~ "-~...., "-.,- -.:r......._- ,'lI""".....-_.~__._"'. -. '.."..~. -..-
~ 4306409 OR: 4461 PG: 0072
RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL
06/11/2009 at 08:49AM DWIGHT B. BROCK, CLBRK
RBC FEE 35.50
Return to COPIBS 4.00
Frank Ramsey Retn:
Collier County HHS CLBRK TO THB BOARD
3301 E. Tamiami Trail INTEROPPICE 4TH FLOOR
Naples, Florida 34112 BIT 7240
File# 09-131- IF 16Dl
.
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 9th day of June, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Israel Laguerre and Elzane Laguerre"
(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 ofthe 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 Twenty Two Thousand Three
Hundred Twenty 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%) 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
, "'"'-'~~--'._.'_._-- --,,,-"~~_..... - ..._-,-,-""...._-
OR: 4461 PG: 0073
.
terminate upon the recording of a release or satisfaction of lien in the public records of the 16 D ~
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.iBROCK, Clerk COLLi. ' OlJNTY, F2DA~
By: -.. ~ ~6/09/2009
~. trM~ i;lerk DONNA FIALA, CHAIRMAN
oafIT
2
,."_."..,,~-_."~-,,.._. "'~".---"-'._"-". -_.~ ._...~..,~...".w.
OR: 4461 PG: 0074
WITNESSES AS TO BOTH SIGNATURES 16D5
OWNER:
.::E:;;: R" &' t (,/~ 8uCR/?C
Israel Laguerre
OWNER:
f./ r/JtJe LACr{)(i / H/(L-
Elzane Laguerre
A TE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this _JtL day of ~Q't '
2009, by~(<>cz \ ~ tC. eo..ne I o.fic>~\~e..who is personally known to me or has roduced
.. as proof of identity.
~~Of.~~..... 0 ~-
~.~ .. f
~ "~~ ~.... .. /~a.--
[N~tlAL ~~.~ .(.
= a; . #~~, ts · 0 c Ignature of Person Taking Acknowledgment
=0: (J ~ ~~ :li'
= · .'~ <::)<:) 0. 0 ...
-:. ~ . ~. ..
.. · .t:>. ~"...., ~
-; -.. ,.. CC $
~, .........(/1. ,.....f
Approved as {~A~..~"" Recomp:1end Appro al:
. ...... I'
and legal sufficiency: /
C~ ~ J
Colleen Gree e PA
Assistant County Attorney
3
*** OR: 4461 PG: 0075 ***
EXHIBIT "A" 16115
LEGAL DESCRIPTION
Lot 73, 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
13569 Koinonia Drive, Naples, Florida 34114
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 $450.18
I. Law Enforcement Impact Fee $186.20
J. Water Impact Fee $3,616.49
K. Sewer Impact Fee $3,722.39
TOT AL IMP ACT FEES $22,325.96
4
^-"~-'.__._----_. ....., "._......____~....._'^'_........_,_~,_._._,~_."w_..'___~~_____.__.....__.""_,, -~-,-~,--_..~."~.~~..,---
'L 4306410 OR: 4461 PG: 0076
Lf RBCORDED in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
Return to 06/11/2009 at 08:49AM DWIGHT B. BROCK, CLBRK
RBC FBB 35.50
Frank Ramsey COPIES 4. 00
Collier County HHS Retn:
3301 E. Tamiami Trail CLBRK TO THB BOARD
Naples, Florida 34112
INTBROPPICB 4TH PLOOR 16 D~
File# 09-135-IF BIT 7240
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 9th day of June, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Raul Jimenez and Mayra I. Jimenez"
(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 Twenty Two Thousand Three
Hundred Twenty Five and 961100 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
-."...-. ,.. ~".,_..^'-,._,---,-,--,._------"'"" ~~--,,_."';,'---_._-~.._,-"'--
OR: 4461 PG: 0077
terminate upon the recording of a release or satisfaction of lien in the public records of th). 6 D
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest: . ['.,"'- BOARD OF COUNTY COMMISSIONERS
",-:
DWIGEU'l,E. BROCK:;'J~JIerk COLLIER OUNTY, FLORIDA,
~ / ~~O610912009
By: ~
y:' . :.J,.... ;.',.' ,.' C-
.. "ttesi:;i ,~'~~Je* DONNA FIALA, CHAIRMAN
51 ggotur'e" OIl I ·
2
,.,---,-~"-~,,,. -" 4ld.lillll<i._-'___'_'__'. ~"~"'~'''''''-"=--'''''' ru_ r'P""
OR: 4461 PG: 0078
16 D
WITNESSES AS TO BOTH SIGNATURES
OWNER:
~rI~
Raul Jime z ...
"-
OWNER:
No.\I\C\ ""1. ~\'\f\.(\\\O? _
Mayra/I. Jimenez ' -
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoin Agreement was acknowledged before me this -1lt!.- day of I/~L/ ,
2009, by l tr1tl C ' (o.:t,- who is personally known to me or has p~duced
~~~~~'~. as proofofidentity.
~~ ....T...-i.)o,'\
.s"o ..tlO A~j:. ~ ~
$~... ...~~
[If(r[.;i\~I~~~ c..-O i ~
- . August 29 · =
i ~ No. 00 590~~~O: E Si ature of Person Taking Acknowledgment
~ <S' .. .. 1
"- ';}o.. ~,. t". . _ s
-:....... .., ;.:. ~e.L. '.-... -f)'!Io#
~,~ OF F\..O~\\\""
Approved as to r'~......,,'\ Reconnnend Approval:
and legal sufficiency: I
fj .
~~ ,.'.J~-^
Colleen Greene /M cy Krumbine, P A
Assistant County Attorney Director
Collier County Housing and Human Services
3
.--.-. -----------.-.--..----., ..~...~,----,----~-~;.~.,._~''''-_._..._<-~,,-~~-~~~--~~.__._-~--_._.~._--------_.,,---_..._- -,.,,',.._---~---,-~-_.__..
*** OR: 4461 PG: 0079 ***
EXHIBIT "A" 16D5
LEGAL DESCRIPTION
Lot 190, 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
13548 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 1m pact 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
Ly 4306411 OR: 4461 PG: 0080
RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, FL
06/11/2009 at 08:49AM DWIGHT B. BROCK, CLBRK
RBC FBB 35.50
Return to COPIBS 4.00
Retn:
Frank Ramsey CLBRK TO THB BOARD
Collier County HHS INTBROFPICB 4TH PLOOR
3301 E. Tamiami Trail
Naples, Florida 34112 BXT 7240
File# 09-130- IF -
16nt;
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 9th day of June, 2009, between Collier County, a political
subdivision of the State of Florida (COUNTY) and "Pierre Solano Joseph and Marie Chantale
Esperance" (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 ofthe transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Nine
Hundred Eighty 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
"OO_"W" '~'.".,.,......,_",...._~_~,_._'.._~,~.,_.""_, ._,.'h"'___ ....-_. 'I' , "'e'''--_
OR: 4461 PG: 0081
160
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 dwening unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shan be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shan 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, conect 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 shan be entitled to recover
an 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 shan be binding upon the OWNER'S successors and assigns in interest.
9. This Agreement shan be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest: BOARD OF COUNTY COMMISSIONERS
D~J9Mf:~~'.BR~~K, Clerk COLLIE~n::OUNTY, FLORIDA,
~~~ 1i d -
,~",.' ... ..:';'j '. ~ By: ~~' ., ~6/09/2009
''''Attlil''t.:;ii . to d*~l.rk DONNA FIALA, CHAIRMAN
s ! g;,~tlif:<t,. i~ . ·
, '",~.
. t,:/ . " r;:.- "
2
. --"-'--~~ -----'.,-.-,'----- --
OR: 4461 PG: 0082
16DI=
J
WITNESSES AS TO BOTH SIGNATURES
OWNER:
Witnesses: Y./J'VF<? ~ ;X)~yW JpS:eU
--fY} 0-1:iL. U L
c,' I {)('1--1I u..
Print Name nhl r-+hl'" J.::.j I vo.rc...du Pierre Solano Joseph /
OWNER:
~F'~ I
YOA'1. LR....
Pr tName ~ ~/\.
STATE OF FLORIDA)
COUNTY OF COLLIER)
t was acknowledged before me this 15- day of ,
. ~ personally known to me or
as' proof of identity.
,.... ~!it
R, MY COMMISSION # DD5944 7
~ :/' EXPIRES: September 12.2010
~OI'''' FI NOlIl)'D1_tAsaoC-Co.
,_l-NOTAI'V .
Approved as to form Rec;ommend APprral: ~
and legal sufficiency:
~~~ /,./ ,.....-A../~1"-.~.. ~ --l
f i
, , Marcy Krumbitte, MP A
Colleen Greene
Assistant County Attorney Director
Collier County Housing and Human Services
3
O'_"+"~____"_~ __"__~",.,.~o__.__, --.--.',
*** OR: 4461 PG: 0083 ***
EXHIBIT "A" 16D5
LEGAL DESCRIPTION
Lot 60, 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
3764 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 $450.18
I. Law Enforcement Impact Fee $186.20
TOTAL IMP ACT FEES $14,987.08
4
"""~'----"--"'-"'-'--"""'-~ '""-"'~-" ....-."",.-- ."'" . J. -