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Backup Documents 05/26/2009 Item #16D 5 1b ~(. 5{2Sl/ or ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ...t, D Print on pink paper~A~~ ~~~~~c~~t~~~~d~c~m~t~~~~!e~~1~~~~c~~ t~:~r~~~c~~~o~~~ld~lling slip and orig2 documents are to be forwarded to the Board Office only dtl'r the Hoard has taken action on the nem.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information necded. If the document is already complete with the exceotion of the Chainuan's signature, draw a line through routing lines #1 thromm #4, comnletc the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service -rt- OS/26/09 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 contoct is the holder of the original document pending Bec approval. Normally the primary contact is the person who created/prepared the executivc summary. Primary con1act information is needed in the event one ofdlC addressces above, inclwlIlg Sue Filson, need to emtact stalft(lr additional or missing infonuation. All original documents needing the Bee Chairman's signature are to bc delivercd to the Bee office only altcr thc BeC has acted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was OS/26/2009 Agenda Item Number 16D-5 Approved by the BCC Type of Document Agreements Number of Original 12 Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not appropriate. (I n itia!) Applicable) 1. Original document has been signedlinitialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed ~ by the Office of the County Attorney. This includes signature pages tJ-om ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's TI- Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the dale of Bee 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 Chairnlan's '-::(i signature and initials are reuuired. 5. 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. 1e- Some documents are time sensitive and require fOlwarding 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 BCe on OS/26/2009 and all changes made during L the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the cham!'es, if applicable. INSTRUCTIONS & CHECKLIST I: Forms/ County Fonus! Bec Forms/ Original Documents Routing Slip WWS Original 9.0304, Rcvised 126.05. Reviscd 2.24.05 ''''~''''''~''''''~'';~'''''''';'''''.1''i'l'''.~'i..''~'"''"''',;,, ~'""""",,,-,),,\,,,,..~,,",,,,,,.,,,_,,,",""'''''~...'........_'".,''"..."._,~_______._.. Return to 4301491 OR: 4457 PG: 0131 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 06/01/2009 at 08:07AM DWIGHT B, BROCK, CLBRK RBC PBB 35,50 COPIES 4,00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail :'oIaples, Florida 34H2 Retn: CLERK TO THE BOARD INTEROFFICE 4TH PLOOR EXT 8406 1&D5 File# 09-110- 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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Martha Y. Zelaya" (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 Twentv Five and 96/1 00 Dollars ($22,325.96). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) 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: 4457 PG: 0132 terminate upon the recording of a release or satisfaction of lien in the public tC'dJ1f5e 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: ~~ .J~5/26/2009 .' ONNA FIALA, CHAIRMAN ~. ,.<. 2 OR: 4457 PG: 0133 l'D5 WITNESSES WA~sses: ('" . '-1J I I a ,t--ti.tJ jj' cYi-, L ( de; Print Name n) c I~+t Ie: A II/o/cui..., OWNER: tJ:Ct.\rt\C\ i. Z L \ cvi Q, . Martha Y. Zelaya w~~ P ame e: OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) 2009, T~erent W,6 acknowledge.d before me this E day of by . Ze ~ who IS 'person~lly ~own to me or as p. of 0 Identity. ~"'" AGNES ME ~~ MY COMMISSION # 00594447 ~ EXPIRES St,lllll11bcr 12.2010 1.g()(~)~OTARY FI. Notor)' Oi_'......... Co. Approved as to form and legal sufficiency: ~~~ --M. cy Krumbine, P A Director Collier County Housing and Human Services ~~ Colleen Greene Assistant County Attorney 3 *** OR: 4457 PG: 0134 *** 16D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 182, 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 13516 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMWACTFEEBREAKDOWN 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 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMW ACT FEES $22,325.96 4 Return to 4301492 OR: 4457 PG: 0135 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 06/01/2009 at 08:07AM DWIGHT E, BROCK, CLBRK RBC PBB 35.50 COPIES 4,00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail l\aples, Florida 34112 Retn: CLBRK TO THB BOARD INTBROFFICE 4TH PLOOR BIT 8406 16D5 File# 09-113- 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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Joseph Etienne and Rose M. Etienne" (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 46/1 00 ($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 OR: 4457 PG: 0136 terminale upon the recording of a release or satisfaction of lien in the~u'cQe2ds 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 BOARD OF COUNTY COMMISSIONERS COLLI~ER COUNTY, FLORIDA~ By: _ ~ d~5/26/2009 ONNA FIALA, CHAIRMAN . \ (! ". E\y~~01 , :"A\* ,Ii..' , _"i' Clerk ~ ..t...~.... ill' '.'J,'''' 2 OR: 4457 PG: 0137 16DS WITNESSES AS TO BOTH SIGNATURES OWNER: Witnesses: '-iYJ Q.cw ()J.-<"HIAJJc Print Name m(,dl"l 41 v(>.('~ OWNER: 1-,""1':' ~,( )~(,I Rose M. Etienne """ r- I " .-. \ -' 6.) ,', r'" (" ;...- '-':..;1(, , '.;y ~ Print STATE OF FLORIDA) COUNTY OF COLLIER) Th=ng ~77'~Wledged before me this 13- day of 2009, by, --who is personally known to me or ,/ as pro of identity. [NOTARIAL SEAL] "'\, \ C J arcy Krumbine, Director Collier County Housing and Human Services 3 *** OR: 4457 PG: 0138 *** EXHIBIT" A" l'D~ LEGAL DESCRIPTION Lot 118, 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 3711 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 IMP ACT FEES $12,442.46 4 Retu rn to 4301493 OR: 4457 PG: 0139 RBCORDBD in OFPICIAL RBCORDS of COLLIBR COUNTY, FL 06/01/2009 at 08:07AM DWIGHT B, BROCK, CLBRK RBC PBB COPIBS 35.50 4.00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLBRI TO THB BOARD 1 L. D 5 INTBROPPICB 4'rH !LOOR " BIT 8406 File# 09-118-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie R. Saintil Daniel" (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 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 OR: 4457 PG: 0140 I'D5 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, coHect 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, /"1 /1 ! / By: ;; ~AY'- ~~26/2009 rjONN FIALA, AI ~,:~ 0.( By:,.'....... . :AM..... '..' .~.. e uty Clerk ",!".~.''''''~ I .f......,..,; , .;\ 2 OR: 4457 PG: 0141 1'05 WITNESSES AS TO BOTH SIGNATURES o~~_ _ Maric R. Sainti\~ Witnesfla ~ Print Name. "eJt\.., \ OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The fo~ng Agree9'ent was 9\'knol"ledged before me this :lq day of Ani! / , 2009, by lJ...{J/I'c 12.:> U( (II, I f...k.n;.;J who is personally known to me or has produced F L QL-. as proof of identity. \\\\,\ ""II ~..,'\" \..ORA. ':"'" ..."- "'-.'?- ...... ' -9..t1.'.:. [NOT Ail Rr~~A~~}i""',,,v~ ~ . .01 ... - · X\l\le& · .. :: or;,; . ~'1 comm. 10. ::: :: : AullU$t 29, 20 : J ~ ':.. ~o. 00 59033& .: SO '$.' .t". · ~ ~ ". PU'8\.';'o' {(-~ Approved as to ~ii'~f.f\..~\'" . "",/ \\\\ and legal suffiCIency: IImnl C/)Jm~J;Jr~ Colleen Greene Assistant County Attorney "-,,>-1J C"- --Mar y Krumbine, Director Collier County Housing and Human Services 3 *** OR: 4457 PG: 0142 *** l'D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 187, 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 13536 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 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 Return to 4301494 OR: 4457 PG: 0143 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COORTY, FL 06/01/2009 at 08:07AM DWIGHT B, BROCK, CLBRK RBC FBI COPIBS 35.50 4,00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: C1BRK '1'0 '1'HB BOARD 1 6 D 5 IH'l'BROFFICB 4'1'H FLOOR ~ BI'1' 8406 File# 09-119-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Francois D. Pierre-Paul" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 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 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 OR: 4457 PG: 0144 16D5 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 ,. A\ .:.. . By,Ui..u:.L.=O'l . . . ". .... '.' e uty Clerk .t.II... . .... · t-....... "l'. , WI!!I,.-. , BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, () ~.i r .'/ By: 5/26/2009 f i 2 OR: 4457 PG: 0145 16D5 WITNESSES AS TO BOTH SIGNATURES () r Q ~,,~h~~-c 10 (I (.\ Q u I Y\ 1u.n, \ l",--, \WNER: ~ l2~ Go,':> -) p~ ..~ Francois D. Pierre-Paul . OWNER: l-r Witnesses: Print Name {'~ Of~ STATE OF FLORIDA) COUNTY OF COLLIER) T~regoing Agreeme-9t was a lmmyJedged before me this :< g day of ~ ' by"'/J j"utvv- "t~hp is personaHy known to.-me or nas produced as roof of identity. 2009, [N ,_,0_1' Recommend Approva : 7 ~fiaaJL Colleen Greene Assistant County Attorney rcy Krumbin , rvlP A Director CoHier County Housing and Human Services 3 *** OR: 4457 PG: 0146 *** EXHIBIT "A" 16D5 LEGAL DESCRIPTION Lot 57, 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 3752 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 $3,139.61 $7,858.52 F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee $450.18 I. Law Enforcement Impact Fee $186.20 TOT AL IMPACT FEES $14,987.08 4 Return to 4301495 OR: 4457 PG: 0147 RBCORDBD in OPlICIAL RBCORDS of COLLIBR COUNTY, PL 06/01/2009 at 08:07AM DWIGHT B, BROCK, CLBRK RBC lBB COPIBS 35,50 4,00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail l'iaples, Florida 34112 Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BIT 8406 16D5 File# 09-120-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Naromie Amertil" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty 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 OR: 4457 PG: 0148 16D5 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 . t. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, ~ '-W/26/2009 D ~A, ew By: . . t '",V 2 OR: 4457 PG: 0149 l'D5 WITNESSES AS TO BOTH SIGNATURES Witnesses: OWNER: 11.tvc9/J}tC~ /9ane./ct /0 Naromie Amertil -1 Print Name OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement wi~ acknowledged before me tbis ;1}L day of A or? { , 2009, by N OreJ M /e 1j/1'1el_' ( , who is personally known to me or his produced F L () i..- as proof of identity. ,\,\UIII U'"" " OR " ...", ~ L A. ~ "" [N~M.<t~~~Ki:~~\ g <': Mv Comm. E~piras : 0 ~ :: . August 29, 2010. = ; ':.. No 00 59033B: ! -:s. e... ."~i ~ dl.. PUB\.\v.. ~~ Approved as'~"... O~,..-:o .:'It'~'OF f\.: \,.. and legal sufficl~~"u""\\\ wledgment rfJ~~~ Colleen Greene Assistant County Attorney ~1=:]:, J Marcy Krumbine/MPA Director Collier County Housing and Human Services 3 *** OR: 4457 PG: 0150 *** 1'05 EXHIBIT "A" LEGAL DESCRIPTION Lot 189, 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 13544 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 IMPACT FEES $22,325.96 4 4301496 OR: 4457 PG: 0151 RECORDED in OFFICIAL RBCORDS of COLLI!R COUNTY, PL 06/01/2009 at 08:01AM DWIGHT !. BROCK, CLBRK RIC FBB 35.50 COPIBS 4.00 Retu rn to Retn: CLBRK TO THI BOARD INTIROFFICB 4TH PLOOR BIT 8406 l'D5 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-121-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Elmer Morejon Alvarez and Madelaine Almanza Borroto" (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 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 ($22325.96). 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 OR: 4457 PG: 0152 1'05 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 .\\ \, . . BY:~ ~ ().L .t;,A . ,': :' l' Clerk It~ _." '.: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, (J I I By: c :;,. J, 2 OR: 4457 PG: 0153 I'D5 WITNESSES AS TO BOTH SIGNATURES OWN. E.J. t.. '.;.., ...... ...-f-.-.. ... //.. -- .......L----- .11~i~or~j~n Alv~r~~---- STATE OF FLORIDA) COUNTY OF COLLIER) The fo~egoing Agreement was a9know~4g"ed before me this ,2.. 8 day of ~ ,.'" I 2009, by (' (/YJt'f Iv(. 4 d I-Cfdt'{t1ltt,f who'4s personally known to me or has ~ L ~.-n'"Il""'h as proof of identity. ...,,~ 1'>.' r R E" JOJ>", '" ~r....fl. ~ SO 0 ".f.'l ~... ~ ~ v ." .~'l.. :.:. [NO~!AL S~~~ \-a~ :: ~ ~~ ~~ f)).;tft . -- :: a: : c.,t;) ~ "f; ""QJ 0: cr: a 0 . ~"";;,~ <)<J ;;. 0.: ~ "t-.. ~ ~t;). \)1b'.l('V~ ~ ... ~_..~ ~ ~ ....... 0 ,.....' ~ ~ " Approved as to I~, STA ,\\\'\'\\ v""'It'"UI\ and legal sufficiency: C~~ Colleen Greene Assistant County Attorney produced /J /~;<~ ~/<' Jt: Signature of Person Taking Acknow dgment Recommend Appr val: l L.,'\...-- a cy Krumbine, Director Collier County Housing and Human Services -', ..{; 3 'I" . . ... . ~ *** OR: 4457 PG: 0154 *** EXHIBIT "A" l'D5 LEGAL DESCRIPTION Lot 72, 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 13565 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 4301497 OR: 4457 PG: 0155 RBCORDID in OPPICIAL RBCORDS of COLLIBR COUNTY, PL 06/01/2009 at 08:07AM DWIGHT B. BROCK, CLBRI RIC PEB 35.50 COPIIS 4.00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-122-IF Retn: CLBRI TO THB BOARD INTBROPPICB 4TH PLOOR BIT 8406 16D5 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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Escamille Williamceau and Vacina Williamceau" (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 96/100 Dollars ($22325.96). 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: 4457 PG: 0156 terminate upon the recording of a release or satisfaction of lien in the ~'r(Jo~ 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: .....' <:I A~S'''' " . ',,: ,'" "",.tMrt ~'-". BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, /'1 /f I I . ( I By: '~I!r..~ '1~ 4ft( it OS/26/2009 D NNA FIALA, C ~N Attest: DWIGHT E. BROCK, Clerk .' /' 2 WITNESSES AS TO BOTH SIGNATURES Witnesses: L /1.1/,./, / /, ~ "__ -KtlC{ // Cf/lJZLZ;D- PrintN~ /.f//))?f= /Y2o/'f},I-'1, Witnesses: ,--/y)~ Qt..,~ Print Name m,."r:J-h'L .4/r/Cl.t'o.k OR: 4457 PG: 0157 I'D5 OWNER: YE9(~H~/!t2- (A.J,rll,,~~ Escami Ie illiamceau OWNER: ;X 0f(/UI>~f// /)!Lr ~5t-'/}/1(-.Ju../,-l.-'- Vacina Williamceau STATE OF FLORIDA) COUNTY OF COLLIER) Aa~f The ~oregoing Agreement was ac~owledged before me this ~ day of , 2009, by /M/llaJYlCf1i.u,)Ej{Pfilltfgt }a.u~ho is personally known to me or as produced as proof of identity. ,- // Approved as to form and legal sufficiency: C'~~ Colleen Greene Assistant County Attorney "'---' aking Acknowledgment Recommend Approval: ~ .~-P ~M~A Director Collier County Housing and Human Services 3 *** OR: 4457 PG: 0158 *** EXHIBIT "A" l'D5 LEGAL DESCRIPTION Lot 193, 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 13572 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 TOT AL IMP ACT FEES $22,325.96 4 Return to 4301498 OR: 4457 PG: 0159 RBCORDBD in OPPICIAL RBCORDS of COLLIBR CODHTY, PL 06/01/2009 at 08:01AK DWIGHT B. BROCK, CLBRK RBC 111 COPIBS 35.50 4.00 Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BIT 8406 16D5 File# 09-123-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Ismael Absolu" (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 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 OR: 4457 PG: 0160 I'D5 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By:+rku._ .~~ (),( . ~ ..te .: ,,;../~ty Clerk st~t... ... . I By: 5/26/2009 , t., ~ 2 OR: 4457 PG: 0161 16>05 WITNESSES AS TO BOTH SIGNATURES 'd tJ /1-, OWNER: i J S) ttd11!1/ 19 laS;) 0 I ~ fimael Absolu OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing A~reeW7nt was acknowledge.d before me this~30 day of 2009, bY~-,)fYlu(?L t125(Jto , who IS personally known to me or :r: t-. D L as proof of identity. \\''''''''''11/ ~,~\\~~A. '-0"'",- $'.~p... ijo}.4",,~~'~ [~T~.~AL ~b1'jJPJ.). ~ .. . 'lte" .":S)~ ::: . A. ""'", . oft'" - . 'wgll . E.t. · ,.. c = : 4'0 8f 19 P1rs8: c...:: '; ~ .. . DO sa, <()1{) : 0,. ~ 'Y ...0 '{)338..,If ~~..;c;~lIC ..-;/ Approved a~";\Q," and legal sufficr~~~.",,"~ ApiI r j has produced ~~ Colleen Greene Assistant County Attorney Recommend Approval: d ~ . A,--O <'Marcy Krumbine, P A Director Collier County Housing and Human Services 3 *** OR: 4457 PG: 0162 *** 16D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 65, 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 13537 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 $3,139.61 F. Educational Facilities System Impact Fee H. Government Building Impact Fee $7,858.52 $450.18 G. Road Impact Fee I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 K. Sewer Impact Fee $3,722.39 TOTAL IMPACT FEES $22,325.96 4 4301499 OR: 4457 PG: 0163 R!CORDID in OPFICIAL RBCORDS of COLLIBR COUNTY, PL 06/01/2009 at 08:01AM DWIGHT B, BROCK, CLBRK RBC PHB COPIBS 35,50 4.00 Return to Retn: CLBRK TO THB BOARD INTBROPPICE 4TH PLOOR BIT 8406 I&D5 Frank Ramsey Collier County HUS 3301 E. Tamiamj Trail Naples, Florida 34112 File# 09-124-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Luz G. Velasquez" (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 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 OR: 4457 PG: 0164 . h d' fl' f:' fl' . h bl' d If'h D 5 term mate upon t e recor mg 0 a re ease or satls actIon 0 len 10 t e pu IC recor sot e 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: BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA, / / I / By: "\, ';'" OS/26/2009 ONNA FIALA, CHAIR N 2 OR: 4457 PG: 0165 1'-1)5 WITNESSES AS TO BOTH SIGNATURES Witnesses: M t ~ N Print Name .::t:)pt=> P{l>ekv\ O~ER: /1 J _ ll"Z U {C{3.~ Luz G. Velasquez '2. OWNER: ( t{./J.. , STATE OF FLORIDA) COUNTY OF COLLIER) The fore~oing Agre,eplent was acknowledged before me this ~ day of0 a.t ~ ' 2009, by f-~~tlUII"fl/V{l0.?<ti)c"C, who is personally known to me or has produced ~,,"~~ lO/:1~""~ as proof of identity. .oll """ . . . . ...., ~ '!o.' O......~OTA.. '/'0 ~ ~~ . IT)!. -$I ~ ~ ,.: ... ~ ~ - . My Co~ w' . c-:: [N~T ~R~s~~8{Js : 0 E ;:. '. No. DD 590338 ::: Si ~~... A... $ -:.~ "1.... '. ,!Jellq.. r."r.$' " oFt::' · . . . \V ,'" """ OF FLO'?',,\" /"'1/111\1\'" Approved as to form Recommend Approval: and legal sufficiency: (' fJJj~~~f2~2- Colleen Greene Assistant County Attorney ~--)) PA 3 *** OR: 4457 PG: 0166 *** 1605 EXHIBIT" A" LEGAL DESCRIPTION Lot 71, 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 13561 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 4301500 OR: 4457 PG: 0167 RICORDID in OPPICIAL RBCORDS of COLLIIR COUNTY, FL 06/01/2009 at 08:01AK DWIGHT B. BROCK, CLBRK RBC PBB COPIBS 35.50 4.00 Frank Ramsey Collier County HHS 3301 E. Tamiamj Trail Naples, Florida 34112 Retn: CLBRK TO THB BOARD IN'BROPPICB 4TH PLOOR BIT 8406 16D5 File# 09-125-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Wilaire Joseph and Renette Fabius Joseph" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale ofthe 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 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 OR: 4457 PG: 0168 terminate upon the recording of a release or satisfaction of lien in the puhlic re!r? O~h? 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 BOARD OF COUNTY COMMISSIONERS COLLIEIlUNTY, FLORIDA, / J I ,I ~' ) - By: ."- 1J"ryru<../ l' ~/26/2009 DONNA FIALA, CHAIRMAN By: ltu. . · .... -~.....Jf. _~~O-{. . , . . :,. . u~ Clerk ~~ ~: ,t..~ Of.1 2 OR: 4457 PG: 0169 l'D5 WITNESSES AS TO BOTH SIGNATURES rs: V I N~pJij{- !-fW'7[ ~ OWNER: < ~ ] It. ~ ' 'AAI. ~~) "- Wilaire ~,jo-~ f'h... OWNER: Q olUPli r:~ .1n1pdv Renette Fabius Joseph ;,J/V-!' v STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknp,wledged before me this ~ day of ~;I- , 2009, by tIQ/,c 0.)('" 1/261rJef,fc:;.;ho is personally known to me or ha produced . L. L. . as proof of identity. ~,\\\..o FlA. 7': ~ ~"~~":.b\(;'R'~..~~ ... !~mAR, ~ g ~ : "''1 com",~~tl ~ = " ~IJI\"~~: ;. ".. lW, 00 ~" ~ tI. ..L'~.. ~ "p ~. ~,'!fi;;:~~,~~ Approvc?&~I~ , !1M, mI. and legal sutt1clency: c~~ Colleen Greene Assistant County Attorney :l~A~ j . Marcy Krumbme, A Director Collier County Housing and Human Services 3 *** OR: 4457 PG: 0170 *** 1605 EXHIBIT "A" LEGAL DESCRIPTION Lot 194, 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 13576 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 TOT AL IMP ACT FEES $22,325.96 4 4301501 OR: 4457 PG: 0171 RBCORDBD in OPPICIAL RBCORDS of COLLIBR COUNTY, FL 06{01/2009 at 08:07AK DWIGHT B. BROCK, CLBRK RIC PlB COPIBS 35.50 4.00 Return to Retn: CLERK TO TH! BOARD INTBROFPICB 4TH PLOOR BIT 8406 16D5 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-126-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Maria Gaspar Mateo" (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 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 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 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 OR: 4457 PG: 0172 16D5 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: ,'-'11".. i.".rf ~1. :;r."., L BOARD OF COUNTY COMMISSIONERS COLLIERJ10UNTY, FLORIDA, , ' I J J . I ' By: '\ ''" ,," ',~,. ~~05/26/2009 DONNA FIALA, CHAIRMAN Attest: DWIGHT E. BROCK, Clerk 2 OR: 4457 PG: 0173 l'D5 WITNESSES Witnesses: . '--:f\ \ (\.:d: ~o.. (\l L~ C_'L()..J.l....J Print Name n\ (\.- f ~ I CL r-+ \\1 C\. 'f' (\.cL) OWNER: . ..-ry\ n't{( r 1,):::kv1Atl1-J "D"icfii{) Maria Gaspar Mateo ti:~ OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The fit!il!)li~e'l"""'~;y;knowledged before me tbis ~ day of 2009, by ~ ~~ who IS personally known to me or -- as pr of of identity. [NOTARIAL SEAL] ~, AGNES MENDOZA _ MY COMMISSION N 00594447 ~Qo~ EXPIRES: Stptember 12.2010 1-300-1-NOTARY '1. N<III/)' 01_ AIIoo. Co, Approved as toforrn and legal sufficiency: ~- Colleen Greene Assistant County Attorney Reoo=ovi~ ~ ~umbine. 'it Director Collier County Housing and Human Services 3 *** OR: 4457 PG: 0174 *** 16>D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 59, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3760 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type 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 $450.18 H. Government Building Impact Fee I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 4 4301502 OR: 4457 PG: 0175 RBCORDID in OPPICIAL RBCORDS of COLLIIR COUNTY, PL 06/01/2009 at 08:01AM DWIGHT B. BROCK, CL!RK RIC PHI COPIBS 35.50 4.00 Return to Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BIT 8406 1605 , \J\. Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 \v File# 09-127-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 26th day of May, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Alfredo Manuel Vega Ortiz and Maria Elena Arreola De Vega" (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 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 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 OR: 4457 PG: 0176 1605 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. "f r :>~ ' Attest: ..." " .,', DWIGHT E. BROCK, Clerk . ,:' ,', ":;.~ . ,/: BOARD OF COUNTY COMMISSIONERS COLLIE OUNTY, FLORIDA, f i ~r d~05/26/2009 ONNA FIALA, CHAIRMAN By: 2 WITNESSES AS TO BOTH SIGNATURES Witnesses: \--{) ) CiA dLY~ (Il-l)C~lciL) Print Name n1rN HILt f} 11/I'<,-t'4-",'I Wi~~ Prm ~ OR: 4457 PG: 0177 l'D5 OWNER: xj)l(!.t'( '('do vt-1LLr/v~1 VfS'c'- o-i'7/Z , Ifredo Manuel Vega Ortiz OWNER: 'xJv\ ~ t":/ C\. E \ e f\.~ A n c. Cl I a 1'1 e \J e. ~ Cf\.. Maria Elena Arreola De Vega STATE OF FLORIDA) COUNTY OF COLLIER) Th~ tJlJ:,ent W~edged before me this;;!l day of ~ . 2009, by 'LU~! ho is person~lly ~own to me or s produced as pr of IdentIty. Approved as to form and legal sufficiency: ~~~ Colleen Greene Assistant County Attorney y a cy Krumbine, Director Collier County Housing and Human Services 3 *** OR: 4457 PG: 0178 *** EXHIBIT "A" 16D5 LEGAL DESCRIPTION Lot 56, 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 3748 Justice Circle, Immokalee, 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 IMPACT FEES $14,987.08 4