Backup Documents 03/22/2016 Item #16D9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLir 60 9
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines 41 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Ian Mitchell(line#6).
Route to Addressee(s) Office Initials Date
(List in routing order)
1. Kimberley Grant Community & Human Services KG 3/21/16
2. Jennifer Belpedio County Attorney Office 312-2 JI
5. Ian Mitche xecutive Manager Board of County Commissioners —DV b `
to the BC ��"� 31Z4IG
6. Minutes and Records Clerk of Court's Office _ (2346 4:0(,pj,
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally 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,including Sue Filson,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Kimberley Grant Phone Number (239) 252-6287
Contact
Agenda Date Item was 03-22-2016 Agenda Item Number 16 D9
Approved by the BCC
Type of Document Lien Agreement for Deferral of Specified Number of Original 6 (3 e o p j e5 o F
Attached Collier County Impact Fees for Owner Documents Attached
Occupied Affordable Housing Dwelling e a C 4)
Units
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be No
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 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 BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. Is the Chairman's original signature required? S- e,- iC.u4•/ No
3. All handwritten strike-throughs and revisions have been initialed by the CoQ County Attorney's Yes/KG
Office and all other parties except the BCC Chairman and the Clerk to the Board.
4. The Chairman's signature line date has been entered as the date of BCC approval of the Yes/KG
document or the final negotiated contract date,whichever is applicable.
5. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's Yes/KG
signature and initials are required.
6. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
7. The document was approved by the BCC on 3/22/2016 and all changes made during , ` a t
thesieetingcbgfe been incorporated in the attached document.The County Attorney' 0 067.01164,
Offree bag reviewed the changes,if applicable.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip,Revised 6-15-2011
Return to INSTR 5245058 OR 5255 PG 2676
RECORDED 3/29/2016 3:50 PM PAGES 3
Community and Human Services Division DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
3339 E Tamiami Trail COLLIER COUNTY FLORIDA
Naples,FL 34112 REC$27.00 1 6 D 9
File#
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
^^�� r
This Agreement is entered into this o�o� day of QIP.ar. , 2016, between Collier
County, a political subdivision of the State of Florida (COUNTY) and Zenia Alcazar (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 Sixteen Thousand, Four
Hundred Thirty dollars and 16/100 ($16,430.16). 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
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. And as provided 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,
Page 1 of 2
1609 {
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.
O R: A
Witness :
Print NameM i cj,P,tte, .2J
f
O ER: Q,CO1-/
Witnesse • N \ \dam"" a
Print Name p ii-;_s S i-
STATE OF FLORIDA
COUNTY OF COLLIER v, a
The foregoing,Agreement was acknowledged before me this I ``1 day of I'taivc.1, ,
2016, by -h cam. I C.Cz cli- , who are personally known to me or produced
as identification
[NOTARIAL SEAL] .,......_ 41,- `
A/
(Signature of tary Public)
a
An Res ',cam
*:'''• ANA I.DIAZ
', MY COMMISSION 8 FF 235771 (Print Name of Notary Public)
July Commission Number:
~'n c#' BondedEXPIRES'JNotary Public underwriters
a""� My Commission Expires:
t `_ ,T '' - . COLL R COUNTY FLORIDA
DWIGHT E. 3 K, Clerk •
tBy. . . ..,� . s®:011,;11:rsr. A 4, B y.
0at DONNA FIALA, CHAIRWOMAN
STA1 gF ' - 0' 'DA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me th• day of
2016, by Donna Fiala, Board of County Commissioners C oman, on behalf of the COUNTY,
who is personally known to me. J ft ,' - ) a C G_
[NOTARIAL SEAL]
Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
N \ ci4u ir AA-,.._,--
Je fifer A. Belpediak Kimberley Grant, Director of
Assistant County Attorney \s\U Community& Human Services
4) oC�`
Page2of2 ItS1
169
EXHIBIT "A"
LEGAL DESCRIPTION
GOLDEN GATE EST UNIT 76 E 180FT OF TR 124 OR 5158 PG 529
Parcel No. 40628800008
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. SFD EMS $87.01
B. SFD Government Buildings $703.01
C. SFD Jail $472.37
D. SFD Law Enforcement $412.45
E. SFD Libraries $289.62
F. SFD Community Parks $876.84
G. SFD ROAD $7,017.00
H. SFD Regional Parks $1,765.45
I. SFD School $4,806.41
TOTAL IMPACT FEES $16,430.16
0
16
D9
MEMORANDUM
Date: April 8, 2016
To: Kim Grant, Division Director
Community & Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Lien Agreement for Deferral of Impact Fees between
Collier County and Roberto Vargas & Mina Parchment
Attached, you will find two (2) original copies of the agreement referenced above,
(Item #16D9) approved by the Board of County Commissioners on March 22, 2016
The third original agreement has been sent to be recorded with the Recording
Department and upon return will be held in the Minutes and Records Department for
the Board's Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment (2)
Return to
Community and Human Services Division INSTR 5251731 OR 5261 PG 1009 1 6 0 9
3339 E Tamiami Trail RECORDED 4/12/2016 1:52 PM PAGES 3
Naples,FL 34112 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
File# REC$27.00
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this as "day of , 2016, between Collier
County, a political subdivision of the State of Florida (COUNTY) and Roberto Vargas and Mina
Parchment(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 Sixteen Thousand, Four
Hundred Thirty dollars and 16/100 ($16,430.16). 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
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. And as provided 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,
Page l of 2 CO)
U
1609
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees afe
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.
03,
Wi esse
Print ame M e f D
OWNS' •
itnesse•� 411,
Print Name '&ck dJ e LL O
STATE OF FLORIDA
COUNTY OF COLLIER Di, /)
The foregoing Agre. ment was acknowledged before me this `t day of 1 'VAC%)
016, by 141 ricc LOw. Kobeik V& 9's , who are personally known to me or produced
DL / KG Ca,-cL as identification
41 # a
[NOTARIAL SEAL]
40
(Signature of Notary Public)
"elkANA I.DIAZ
_Joh _ My COMMISSION#FF 235771 (Print Name of Notary Public)
EXPIRES:July 1,2019
Bonded uNotar/Punk Undenenters Commission Number:
`"� ThrMy Commission Expires:
-c, pp COLLI R COUNTY, FLORIDA
ABT E.ilhOCK ViWk .
'± ►.' �- _� By:
0114-1 , - J
�• D•NNA FIALA, CHAIRWOMAN
STATE ( I ' 1 c3 l a ca
COUNT 'j ' ` it ,YE1t
The foregoing'Agreement was acknowledged before me th• day of
2016, by Donna Fiala, Board of County Commissioners C•.• oman, on behalf of the COUNTY,
who is personally known to me.
[NOTARIAL SEAL]
(Signature of Notary Public)
(Print Name of Notary Public)
Commission Number:
My Commission Expires:
Approved as to form and Recommend approval:
legality:
Jennifer A. Belpedio '?'") \ 60 Kimberley Grant, Director of
Assistant County Attorney C> 40( Community& Human Services
Page 2 of 2 (111)
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