Backup Documents 12/16/2008 Item #16D 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 4
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 Oftlce only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #1 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 # I throul!h #4, comnlete the checklist, and forward to Sue Filson Jine#5).
Route to Addressee(s) Office Initials Date
(List in routine order)
I.Frank Ramsey Housing and Human Service 71- 12/17/08
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Reeords Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta;t is the holder oflhe original document pending Bee approval. Normally the primary contact is the person who created/prepared the exccutive
summary. Primary contact infonnation is needed in the event one of the addressecs above, inclooing Sue Filson, need to cmtact staff for additional or missing
infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only aftcr 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 12/1 6/2008 Agenda Item Number 16D -if
Approved by the BCC
Type of Document Agreement Number of Original I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a TO riate.
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
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 ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
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.
Some documents are time sensitive and require fOJwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 12/16/2008 and all changes made during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a Hcable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
7/-
"ft
'":fL
W
'7L
n/a
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I: Fonns/ eounty Fonns/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4244727 OR: 4415 PG: 4052
RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL
12/24/2008 at 08:18AM DWIGHT B. BROCK. CLBRK
RBC FBB 35.50
COPIBS 4.00
Frank Ramsey
Collier County MHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 09-040-IF
Retn:
CLBRK TO THB BOARD
INTBROFFICE 4TH FLOOR
BXT 7240
160
4
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
ILt11
This Agreement is entered into this.::r.w. day of December, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Serge Mathurin and Michelene
Mathurin" (OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and suffieiency 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 impaet 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 effeetive date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four
Hundred Fortv Two and 46/100 Dollars ($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-complianee with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
OR: 44r 6Gb 4054
terminate upon the recording of a release or satisfaction of lien in the publie records of the
County. The deferrals of impaet fees and this Agreement shall run with the land, and neither
the deferred impaet 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 reeord
any necessary documentation evideneing 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 ealculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respeet 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 eost 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, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT. , FLORIDA,
By:
Attest ,IS, to ,
'1onatill'etoa.~o"
/l.//~ /ZOOfl'
, CHAIRMAN
WITNESSES AS TO BOTH SIGNATURES
OR: 4415 PG: 4054
160. 4
~sseT~ // ~'
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Printl({-ame 44 ,)tide
d~tf6E d~~v
Serge Mathurin
OWNER:
/0;lt(O;(1//(Z //d )/;7/(//1'7
Michelene Mathurin
STATE OF ORIDA)
COUNTY OF COLLIER)
2008,
Th~egOin~~ment lJ!/:t1~dge.d before me this Ji.l day of fi(jv~
by "'be.. . iu..vv.'. 0 IS personally known to me or has produced
as p. off of ~:ntity.
~!
[NOTARIAL SEA
1\(f1'-TF, MENDOZA
. ..."",.~~,flN It 00594447
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fl.~DiIOCIlI'dMf$.eo.
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Approved as to form
and legal sufficieney:
Recommend Approval:
~~~
Colleen Greene'
Assistant County Attorney
Lj
arcy Krumbi e, MP A
Director
Collier County Housing and Human Services
EXHIRIT "A"
*** OR: 4415 PG: 4055 ***
160 4
LEGAL DESCRIPTION
Lot 95, 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
3603 Justice Circle, lmmokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOT AL IMPACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.46
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 Buildings Impact Fee
I. Law Enforcement Impact Fee