Backup Documents 03/24/2009 Item #16D 1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 11
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 ShllUld he hand delivered to the Board Otlicc. The cumpleted rouling slip and original
documents are to be forwarded to the Board Onice only lifter the Board has laken action on the iklll.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate tor additional signatures, dates, and/or ini(mnation needed. Ifthc document is already complete with the
cxcention of the Chairman's si!1nature, draw a line through routing lines #] through #4, complete the dlecklist, and J-(mvard tn Sue Filson (line#5)
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service '7JL 03/25/09
2. Chairman Donna Fiala BCC
3.
4.
5. Sue Filson, Executive Manager Board of COllnty Commissioners
6. Minutes and Records Clerk of Court's Otlice
PRIMARY CONTACT INI<'ORMA TION
(The primary cont~t is the holder of the original document pending Bee approvaL Normally the primary contact is the person who creatcd/pn::pared the executive
summary. Primary contact information is needed in the event one of dIe addressees above, inehrling Sue Filson, need to cc11tact slatl for additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee oniee only after the Bee has acted to approve the
item)
Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 03/24/2009 Agenda Item Number 1(1)1
Annroved bv the BCC
Type of Document Agreement Number of Original I
Attached Documents Attached
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N!A(Not
aoorooriate. (Initial) Aoolicable)
I. 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 '7t--
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 bcen fully executed by all parties exccpt the BCC
Chairman and Clerk to the Board and oossiblv State Omcials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's . -11--
Omce and all other oarties except the BCC Chairman and the Clerk to the Board
3. The Chainnan's signature line date has been entered as the date of BCC approval of the R
document or the final ne~otiated contract date whichever is applicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's "9C
siQnature 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 ill the BCC office within 24 hours of BCC approval. ff-..
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 BCC on 03/24/2009 and all changes made during T)C
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the ehan~es, if aoplieable.
INSTRUCTIONS & CHECKLIST
1: Forms/ County Fonns/ BCC Fonns/ Original Documents Routmg Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4276235 OR: 4438 PG: 1983
RECORDED in orFICIAL RECORDS of COLLIER COUNTY, FL
D3/26/2009 at 10:55AH DWIGHT E. BROCK, CLERK
REC m
cams
35.50
4.00
(<'rank Ramsey
Collier County IIIIS
3301 F:. Tamiami Trail
l\aples. Florida 34112
FiIe# 09-055-IF
Retn:
CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
BIT 1240
16D
1
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 24th day of March, 2009, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Jean H. Tira and Flellrilia Scnatus"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the rcceipt and sutliciency 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 Ordinanccs of
Collier County, Florida, known as "The Collier COllnty Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, thc tcrms 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 llnit; b) the refinancing of the dwelling llnit; c) a loss ofthc homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
propcrty, and in any sllch 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 eflective date of the transfer. As sct
forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand N inc
Hllndred Eightv Seven and 08/100 Dollars ($14,987_08). Repayment shall include any
accrued interest. Interest shall be compllted 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 licn
may be foreclosed llpon in the event of non-compliance with thc Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwclling llnit. The lien shall
OR: 4438 PG: 1984
- h d' fl' t" t'l' . h bl' 16d D h 1
termlllate upon t e recor Illg 0 a re ease or saUs actIon 0 len III t e pu IC recor s ot t c
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreemcnt shall bc transferred, assigned, or othcrwise
conveyed. Except as provided by law, regardless of any foreclosurc on the tirst mortgage or
other security interest, this licn shall otherwise be superior and paramount to the intercst 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 COllnty taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall rccord
any necessary documentation evidencing same.
7. In thc event the OWNER is in default under the Ordinance or this Agreement, and thc dcfault
is not cured within 30 days after written notice is provided to the OWNER, thc COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinancc,
or bring a civil action to enforce this Agreement, or declare that the deferrcd 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, incllrred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statlltory rate for jlldgments calculated on
a calendar year basis until paid_
8. This Agreement is the sole agreement betwecn thc parties with respect to the sllbject mattcr
herein, and shall be binding upon the OWNER'S successors and assigns in intcrest.
9. This Agreement shall be recorded in the otlicial records of thc County at no cost to the
COUNTY_
IN WITNESS WHEREOF, the Parties have executed this Agreement on thc date and year lirst
above written.
Attest:
DWIGHT E. BROCK, Clerk
~
By: .. 'i .
.. .... ." . '., '" ty Clerk
AtWSt>~1 to CM ,
.'...t";Ioft,lr
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA.
dL.~ dA~7W'I
DONNA FIALA. CHAIR A
By:
WITNESSES AS TO BOTH SIGNATURES
OR: 4438 PG: 1985
160
1
OWNER:
Witnesses:
_f1\~ OtJ(,"iv:t."
Print Name ("'(\It"", Ahl<v,Lih
.::://ff4I Ii: - '771P 1/
Jean H. Tira
Witnesses: fl'
?l1~ i ~_k---
Pri NameHa;;;'" N:,c.Jc
ci:R:
, ) A--1' L ~..~
Fleurilia Senatus
c.. -oj
_~~ /L'. A..'i-,
STATE OF FLORIDA)
COUNTY OF COLLIER)
200fJ,
knowledged before me this #f::/L day of ~,
ho is personally known to me or has prod~ed
as proof of identity.
[N CANTU
:: ~~ MY COMMISSION #- DDS94425
....~ E'J(]'1RES,~12.2010
_~ 1-8:-J-NOTAltY Fl. NoaryDixountAa<<. Co.
of Person Taking Acknowledgment
Approved as to form
and legal sufficiency:
C~
Colleen Gre ne
Assistant County Attorney
Recommend Appr val:
J
*** OR: 4438 PG: 1986 ***
EXHIBIT "A"
160
1
LEGAL DESCRIPTION
Lot 120, Liberty Landing, according to the plat thereof, as recordcd in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records ofCollicr County, Florida
STREET ADDRESS
3719 Justice Circle, lmmokalee, FL 34142
EXHIBIT "8"
IMP ACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $112.46
B. Correctional Facilities Impact Fee $66.97
c. Library Impact Fee $402.79
D. Community Parks Impact Fee $862.50
E- Regional Parks Impact Fee $1,907.85
F. Educational Facilities System Impact Fee $3,139_61
G. Road Impact Fee $7,858.52
H. Government Bllilding Impact Fee $450.18
L Law Enforcement Impact Fee $186.20
TOTAL IMP ACT FEES $14,987.08