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Backup Documents 04/14/2009 Item #16D 5 / -:1D ~e(. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP II. lI- TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ~ \P Phnt on pink pap}A~a~ ~~~~?o,?m~t~?g~~d~c~m~t?'~~b~~~~~~~C~~ 1~~!::r~~~'~~~o~~~~~l~~aGrigina] documents are to be forwarded to the Board Office only after the Board has taken ,lction on the Item.) :1 ~ 1] a J ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, datc~, and/or information needed_ If the document is already complete with the exceDtion of the Chairman's signature, draw a line through routinp" lines # 1 throu"l1 #4, comnletc the checklist and torward to Sue Filson (line #5), Route to Addressee(s) Office Initials Date (List in routin!.! order) I .Frank Ramsey Housing and Human Service 7L 0411 5/09 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 I)RIMARY CONTACT INFORMATION (The primary conta::t is the holder of the original document pending BCe apprnvaJ. Nurmally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, indlkling Sue Filson, need to cmtacl slaff f()r additional or missing infonnation. All original documents needing the BeC Chairman's signature are to he delivered 10 the Bee olliee only atter the BCC has aeted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 04/14/2009 Agenda Item Number 16D-5 Approved bv the BCC Type of Document Agreement Number of Original 8 Attached Documents Attached Initial the Yes column or mark "N/A" in the Not Applicable column, whicbever is Yes N/A(Not aooronriate. (Initial) Aoolicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chainnan, with the exception of most letters, must be reviewed and signed TI- by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the Bce Chairman and Clerk to the Board and possiblv State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's 1L Office and all other oarties exceot the BCC Chainnan and tlte Clerk to the Board 3, The Chairman's signature line date has been entered as the date of Bce approval of the Tf- document or tlte final negotiated contract date whicltever is apolicable, 4. "Sign here" tabs are placed on tlte appropriate pages indicating where the Chailman's 1:L sie.nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in tbe BCC office within 24 hours of Bee approval. '-;(? Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofvour deadlines! 6. Tlte document was approved by the BeC on 04/14/2009 and all changes made during :tl- the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. INSTRUCTIONS & CHECKLIST I: Forms! COlUlty Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised [,26.05. Revised 2.24.05 Return to 4284505 OR: 4444 PG: 2976 RECORDED in OFFICIAL RECORDS of COLLIER COURTY, FL 04/17/2009 at 08:39AM DWIGHT E. BROCK, CLERK REC FEB 35.50 COPIES !.OO \\ '",...,j. Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples., Florida 34112 Retn: CLERK TO THE BOARD 16 D INTEROFFICE 4TH FLOOR 5 EXT 8406 , File# 09-104-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 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Yosvany Perez and Yilena Perez" (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 ofthe dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4, The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date ofthe transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($19.372.46). 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 I OR: 4444 PG: 2977 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: DWIG~l\~:;~R()G~: Clerk :.,\ BOARD OF COUNTY COMMISSIONERS COL~R COUNTY, FLfRI~A, ~~ d4.~~ By: I DONNA FIALA, CHAIRM N BY::auu' r~ OL~ , '. " -;.: eputy Clerk ='~"~n.. . . ..-.,..:...j, ..' ;..,. 2 OR: 4444 PG: 2978 16D5 WITNESSES AS TO BOTH SIGNATURES OWNER: ~. ~ . 1'-" P~' ame ~.rvG1A.l:-{;t'i'/1' r/C-- yFe: ;,/ /'2- Print Name j\.J '-'I OWNER; ,'- .../ .,z.e.,/ ' ~/ ,~,~ -_- x-c....:.- / ,/ Yilena Perez /7 .0~ ,/ ) ~-j STATE OF FLORIDA) COUNTY OF COLLIER) The ti regoing Agr~ment was acknowledged before me this I;Z day of J- (0. I (it.. , 2009, by G":>lJe,,, \ie', r, t '{'\"':'-who is personally known to me or has produced as proof of identIty. '-- \\,\''''111"", "",~~ LOA "'" [N~~1~~{;\ :: . M .(<\.. = : k Comm. Expires':. 0 E ;: : N gUlt 29,2010: : s. .. o. DO 590338: .:: -:'cP- . ~ ~:;>'...o'l C .._~ ~-?~.ueL\ ..~l ~ Approved as 1if,Jl)rM ""L' o~"' ,,~' '1f12t F ,\\ and legal suffiCl~m,.hll"'" , ignature of Person Taking Acknowl dgment Recommend Approval: C~~, Colleen Greene Assistant County Attorney ;...........,./..............."..--" ( )_~-.L::' M 'cy Krumbine,'MPA Director Collier County Housing and Human Services 3 *** OR: 4444 PG: 2979 *** 16D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 63, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, ofthe Public Records of Collier County, Florida STREET ADDRESS 13529 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact 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 $6,059,00 $410.00 G, Road Impact Fee H, Government Building Impact Fee L Law Enforcement Impact Fee $171.61 J. Water Impact Fee $3,415,00 $3,515.00 K. Sewer Impact Fee TOTAL IMPACT FEES $19,372.46 4 Return to 4284506 OR: 4444 PG: 2980 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/11/2009 at 08:39AM DWIGHT E, BROCK, CLERK REC FEE 35.50 COPIES 4.00 .'rank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples. Florida 34112 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR m 8406 1605 File# 09-107-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 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marita Boileau" (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 ofthe transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 Dollars ($19.372.46). 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: 4444 PG: 2981 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 unti I paid. g, 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 oftlcial 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 " DWIGHT E. BROCK, Cletk, By: ~ ~alt{1~ A"", "'CJIi, C,erk .t......,', " BOARD OF COUNTY COMMISSIONERS COLLI COUNTY, FLORIDA, dd 1f1 By: 2 OR: 4444 PG: 2982 16D5 WITNESSES Wi~sses: ? Print Name "-- Oi: ' . 'L Ikii:tuJ Manta Boileau OWNER: (,oe; Q STATE OF FLORIDA) COUNTY OF COLLIER) The 2009, by regoing A~ement was acknowledg~d ,b, etl,ore me this R day of fla. Ie it. , 01' U p<:, I ~ U U ,whQ~~ pS'rgmal!y known to me or has produced as proof of identity. ,\pllIlItJ ""\\O'~MA ("';"" ~ ~ ..."1.... 0...(\ ~ ~ t" O'!':...~r 100... @Ol'A~L sEt~tI\ = : :PI' I?).?J . "'l'\:: -en'4'.v",<,: ....- :""",. o.o'()c',9 :;A~ ems :..".', .1,' ';01.'1: t.....: ~~'.~ ~c13eO.. O~ ~ '."I1(/y .' I " .. .' s ""O~ " t" ~"" Approved a~olI;>,~\O"',__-" "," ,,-- and legal sufficleri~Y!" 1l.' ignature of Person Taking cknowledgment ~Jfrtlft~ Colleen Greene Assistant County Attorney I: J-, --/ Marcy rumbine, Director Collier County Housing and Human Services 3 *** OR: 4444 PG: 2983 *** EXHIBIT "A" 16DS LEGAL DESCRIPTION Lot 180, 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 13508 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F, Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee 1. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862,00 $6,059.00 $410.00 $171.61 $3,415,00 $3,515.00 TOTAL IMPACT FEES $19,372.46 4 Return to 4284507 OR: 4444 PG: 2984 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY. FL 04/11/2009 at 08:39AM D~IGHT E. BROCK. CLERK REC FEE COPIES 35.50 4.00 ~ 1.' i Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR HXT 8406 16D5 File# 09-108-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 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "lsmailles Bastien" (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 /Tom the date set forth above until the impact fee is repaid. 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twentv Two Thousand Three Hundred Twentv Five and 96/100 Dollars ($22,325.96). Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall 1 OR: 4444 PG: 2985 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, Cle,rk , , BOARD OF COUNTY COMMISSIONERS COL R COUNTY, FLORIDA, ~ d~ I t1 DONNA FIALA, CHAIRMAN By: Cl.u.u.. ' ~ l , ~. .', ...', " . ',Clerk .........111 ,,' y 2 WITNESSES Witnesses: , Print Name, STATE OF FLORIDA) COUNTY OF COLLIER) OR: 4444 PG: 2986 16D5 OWNER: '::I:::s, ,v\ '..... \ \\ \( s. '\\ c&\ ,. ~ 1 \ IsmailIes Bastien OWNER: The foregoing f,\greemel)t was acknowledged before me this ~ day of M CIle L , 2009, byJ<~IYK\I\\e" So.:>\;"" who is ~personall)'_..knQWll.. to me or has produced as proof of identity. .utl....,,~ !oo."\'\-"" lOFl ""'~ ~.n..~ ...1..... ~">-' ~ ~o"(:..~uTA";:.. ~ \. ~~p;r~hp~f.~~~ :: : Ailgust 29,2010: :: 'S -. No. DO 590338: S -; \p.. .. i ~~ ...~(JBL\~.. ...Q~".,$ "'~??i.~... Ro'~" Approved'~.lJt,1J1rffl;-~"'" and legal sufficiency: ~,~ Colleen Green'e Assistant County Attorney // 'I<U/ / .7~~, ignature of Person Taking Acknowl Recommend Approval: ~-" 3 *** OR: 4444 PG: 2987 *** 16D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 185, 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 13528 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D, Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee Amount Owed $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 $450.18 $186.20 $3,616.49 $3,722.39 TOTAL IMPACT FEES $22,325.96 4 Return to 4284508 OR: 4444 PG: 2988 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/17/2009 at 08:39AM DWIGHT E, EROCK, CLERK REC FEE 35.50 COPIES 4.00 Frank Ramsey Collier County HUS 3301 E. Tamiami Trail Naples. Florida 34112 Retn: CLERK TO THE EOARD INTEROFFICE 4TH FLOOR EXT 8406 16D5 File# 09-1l2-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 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Alberto Vergara-Alonso and Maria D, Reyes De Vergara" (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 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 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: 4444 PG: 2989 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 E0PR<;SCK;CIerk '(; . , ':.:, By: ~" ~.D~ . .."'" '. '~,~ Clerk *'" , . " " ,-,11':/ ,-., ..". ',:n", =>i:, ::,1" BOARD OF COUNTY COMMISSIONERS CO/~, R COUNTY, FLJRI~A, ~ ~ d;~~ ~l t\ By: (J I DONNA FIALA, CHAIRMAN 2 WITNESSES AS TO BOTH SIGNATURES Witnesses:'Du ~ PrintNameYtQ ~(tR.\r\ \ \ STATE OF FLORIDA) COUNTY OF COLLIER) OR: 4444 PG: 2990 16DS OWNER: ~ ~Qo,~ AJcL~'tA- Alberto Vergara-Alonso -'-------------- '-, ara 2009, The foregoing Agreem~e was acknowledged before me this .L.l..- day of J;la (( "-- , by (\\\,,,\(, \1 A. t-c \}."q bV-P'WhCl_LLpersonally known to me or has produced as proof of identity. \,,,,tlllI"l.t'~'1 \",.. \..0 RA.. 7": ;It", ~"''''_........ .-..::;,.~..Jj>~~... ~ ~.\\..o,,..nr . "'v, ~A:RIA~~"t.;p\ :::c:: \'\1 COJl\Jl\'g ~O\o: = S : ""g.o\ ~ 9033~' E ~ . N.o.OO S : ~ ;: ~.. e".. Q':: ~ ... PU6\..~.. ~f' ~d"~ ...... ,,0,... Approved a!!'~~nuf ~"\,\\\ tlnlllll" and legal sufficiency: ~ Colleen Greene Assistant County Attorney Ignature of Person Taking Ack owledgment , \, .. ar Krumbine, MPA Director Collier County Housing and Human Services 3 *** OR: 4444 PG: 2991 *** 1605 EXHIBIT "A" LEGAL DESCRIPTION Lot 191, 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 13564 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 $7,858.52 $450.18 F, Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee $3,616.49 $3,722.39 K. Sewer Impact Fee TOTAL IMPACT FEES $22,325.96 4 Return to 4284501 OR: 4444 PG: 2960 RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL 04117/Z009 at 08:39AM DWIGHT B, BROCK, CLBRK RBC FBB cams 35.50 4,00 , . "'rank Ramsey Collier County "US 3301 E. Tamiami Trail :'l\aples. Florida 34112 Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BX'r 8406 16D5 File# 09-111-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 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Walna Jeannot" (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 "8," the amount of the deferred impact fees is Twelve Thousand Four Hundred Fortv 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%) ofthe total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 4444 PG: 2961 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: DWIGHTE:BROCK,Clerk . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, rir" d~~I~ o NNA FIALA, CHAIRM By: By: Anest "1\ ..... :tit '.' .,...,. 2 OR: 4444 PG: 2962 16D5 WITNESSES OWNER: Witnesses: ~'~ Pn t Name r~ M,~. f,;.',ci ck i-., )( tC.(l..~r:t. , WaIna Jeannot ,) f .(4'h~ ~J- OWNER: Witnesses: STATE OF FLORIDA) COUNTY OF COLLIER) The or r ement was acknowledged before me this U- day of ~d/l/ , 2009, by ,tl , who is personally known to me or has produced -:f L- .r If:> as proof of identity. ~l rdblOOZA ~~ MY COMMISS"iiiN.6Dl94-447 ~ IlXI'IW,~12.:lOIO 14~<Nm'AA'r ~t~~"'eo. e-J Signat Approved as to form and legal sufficiency: ~~ Colleen Greene Assistant County Attorney Recommend Approval: rcy Krumbine, Director Collier County Housing and Human Services .p 3 EXHIBIT" A" *** OR: 4444 PG: 2963 *** 16D5 LEGAL DESCRIPTION Lot 117, Liberty Landing, according to the plat thereot~ as recorded in Plat Book 47, Pages 71 through 73, inclusive. of the Public Records of Collier County, Florida STREET ADDRESS 3707 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 0, Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F, Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Building Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46 4 i !-U Return to 4284502 OR: 4444 PG: 2964 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04117/2009 at 08:39AM DWIGHT E, BROCK, CLERK REC FEE COPIES 35.50 4.00 .'rank Ramsey Collier County HHS 3301 E. Tamiami Trail ~aples. Florida 34112 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 8406 16D5 File# 09-109-IF This SI)8Ce 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 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Obet Falcon and Marilin Falcon" (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 Nineteen Thousand Three Hundred Seventv Two and 46/1 00 Dollars ($19.372.46). 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: 4444 PG: 2965 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 " , BOARD OF COUNTY COMMISSIONERS COLLI COUNTY, FLORIDA, d~~ DONNA FIALA, CHAIRMA /8'1 BY:~ ~Qf4ort. Att.~" .". lJ Clerk .,..... ..,.: ",.' , . By: -:i. 2 WITNESSES AS TO BOTH SIGNATURES ~tn~es: / /} ,~~.:n ',,' / KJrJ/Nl/;,'d't _l.u~ 'Pri;;-tName NCI2.rll;1- LCfZf/nZC)c.., STATE OF FLORIDA) COUNTY OF COLLIER) OR: 4444 PG: 2966 16D5 OWNER: Obet Falcon OWNER: "] liuA/Hl Mari~n Falcon 2009, The foregoing lil, ree . ent was acknowledged before me this J.':l.- day of A po', \ , by [) lZ ~ Tl "'~ ,who is personally known to me or has produced -=+- Lf'"\'I: \ (~ c..... - \-.,,~,.> \\\\111111",,// ",'\\ f>.. LOA..q "/~," '-"TA~~~~.'... ..)- "..... LI~1I'"i.r:~!:A-I.:~ ...~. . v'" ~ i My Comm. Expires ~ 0 E :: : AuguIl29,2010: = i -, No. 00 590338: i -::. . . ;: ~(jl..>-'.. ~UBL\V"'~~$ Approved r&;~"~o""''.''.:' and legal suffi(f(~~i;""'\'" ~/~. Colleen Greene Assistant County Attorney as proof of identity, 47 /) '" , , ~ ",'.. . , s~~~;~:e~fPe~~d(f~king Ac n~wledgment -It., J} arcy Krumbine A Director Collier County Housing and Human Services 3 *** OR: 4444 PG: 2967 *** 16D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 64, 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 13533 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F, Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee j, Water Impact Fee K, Sewer Impact Fee Amount Owed $100.59 $62.08 $368,18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410,00 $171.61 $3,415,00 $3,515.00 TOTAL IMPACT FEES $19,372.46 4 .-----,.---.. Return to 4284503 OR: 4444 PG: 2968 RECOROED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/17/2009 at 08:39AM DWIGHT E. BROCK, CLERK REC FEE cams 35.50 4.00 tl, Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples. Florida 34112 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 8405 16D5 File# 09-106-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 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Molius Pierre and Emmanie Augustin" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A," 3. The term ofthis Agreement is from the date set forth above until the impact fee is repaid, 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon: a) the sale of the dwelling unit; b) the refinancing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such event the deferred impact tees shall be paid in full to the COUNTY not later then the closing ofthe sale, or not later then the effective date ofthe transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is 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: 4444 PG: 2969 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, A !lest: DWIGHT E. BROCK, Clerk ~ I left DONNA FIALA, CHAIRMA ~e By: > ". : ' N_. . ,. ~uty Clerk _1\ .. t.e'OiC~h'" , tl~.~. '. By: 2 OR: 4444 PG: 2970 16D5 WITNESSES AS TO BOTH SIGNATURES W?tl~;s: ", 7l-dO~( Print Nami c:.J..p vi ( /.(L< !OM: OWNER: Mfjl/us- Molius Pierre ~ -, , I e. t-' [./ C (l" '{(ou OWNER: f mfYl4'yJ! e .II uju SU4 mmame Augustm ?d!;- STATE OF FLORIDA) COUNTY OF COLLIER) The fore!i;oing Agreement )"as acknowledged before me this /-3 day of ;"/0'.(;'_ , 2009, by f..C;/",) Po" , f-mM"'."c:. who is personally known to me or has produced /i f f'd . ~.."u" 'as proo 0 I entIty. p "", d \.ORA.~ "" 1!"~aJ~II'''''~~~ 1"- . v~ :. 6 AR[~t~,l -\- h~~~~~~~.lQ\~ Eg . ~~."" ~~~'. :: .... ~.\:)"'" ....;$~ . \.<:t. :"'or.:" ... .l'Yt:i"'~~~":- (~....' 'j-va: __ .,...",~...'" ~,"~l':. ,......."\...v"... A pprove"d-~flI:fCPfl1~\,\\" and legal suWt~lI!h'~y~ ~~~- Colleen Greene Assistant County Attorney I / 2 // / j/:t-~ /tL? Signature of Person Taking Acknowle gment Recomm~d Approval: /i / / I /A. .,J- Marcy Krumbine', MPA Director Collier County Housing and Human Services / - 'I - 3 *** OR: 4444 PG: 2971 *** 16D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 184, 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, F]orida STREET ADDRESS 13524 Koinonia Drive, Nap]es, F]orida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A, EMS Impact Fee $] 12.46 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 F, Educational Facilities System Impact Fee $1,907,85 $3,139.61 $7,858.52 $450.] 8 G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee $186.20 J. Water Impact Fee K. Sewer Impact Fee $3,6] 6.49 $3,722.39 TOTAL IMPACT FEES $22,325.96 4 File# 09-IOS-IF Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR EXT 840& 4284504 OR: 4444 PG: 2972 RECORDED In OFFICIAL RECORDS of COLLIER COUNTY, FL 04/11/2009 at 08:39AN D~IGHT E, BROCK, CLERK REC FBB 35.50 coms 4.00 16D5 t" ,\\ - l-~ Return to "'rank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, FloridaJ4112 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 14th da y of April, 2009, betwee n Collier County, a political subdivision of the State of Florida (COUNTY) and "Maximc Constant and Medclinc Constant" (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 atTected 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 Nineteen Thousand Three Hundred Seventy Two and 46/100 Dollars ($19,372.46). 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: 4444 PG: 2973 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. Attest: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLI/~OUNTy,FLO~DA~ ~ U~~., ~ By: DONNA FIALA, CHAIRMA ]/./Io#) C1..l.l1 ,."i" ,."~.~ By: "',,Ii. 0.G. .'..., - ,~ ',' '. uty Clerk QrI,~ , .tl~. te, _ '. .t....... ,'. OIl'.'\)' . ".,. 2 WITNESSES AS TO BOTH SIGNATURES 7?r:/;.tL~J<,k 0~~ OR: 4444 PG: 2974 1605 OWNER, ~ Maxime Constant ' , OWNER: HnLp~(J (~;:,&J Medeline Constant STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of .llof C. tv , 2009, by F L- !) 1_ who is personally known to me or has produced as proof of identity, ~,\,,'ItIUII"lt'f: ,,~t~ L~~'8 -"''- ~~.1 \<<M\~.~ :: . M C ....~ = . Y ammo Expires ~ 0= -= : August 29,2010: = S e. No. DO 590338 : ~ -:.~.. .. ~ APProVea.)l!I~-q..:<,~ .$" , -\v.~,:,. .....v'" and legals~ m~WLO~\~\ 111"1111\1\" ~~~ e.. Colleen Greene'" Assistant County Attorney 0- ignature of Person Taking Acknow dgment RecommelJd Approval:.' I //,," , Marcy Krumbin~,ft..rPA ' Director Collier County Housing and Human Services 3 *** OR: 4444 PG: 2975 *** 16D5 EXHIBIT "A" LEGAL DESCRIPTION Lot 61, 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 13521 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A, EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E, Regional Parks Impact Fee F. Educational Facilities System Impact Fee G, Road Impact Fee H, Government Building Impact Fee I. Law Enforcement Impact Fee J, Water Impact Fee K. Sewer Impact Fee Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515,00 TOTAL IMPACT FEES $19,372.46 4