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Backup Documents 12/16/2008 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIM 6 D 6 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L. THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original dncum.:nts should be hand delivered 10 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 #1 through #4 as appropriate for additional signatures, dates, and/or infomlatlon needed. If the document is already complete with the exception of the Chairman's signature, draw a line through ruutin" lines # 1 through #4, comolete the checklist, and forward to Sue Filson (line #5) Route to Addressee(s) Office Initials Date (List in routine: order) l.Frank Ramsey Housing and Human Service 11- ]2/] 7/08 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 INFORMA nON (The primary contoct is the holder of the original do(,'Ument pending Bee approval. Normally the primary wntael is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofdle addressees above, inc1u:ling Sue Filson, need to cmtact staff tor additional or missing information. All original documents needing the Bee Chainnan's signature are 10 be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primmy Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 12/16/2008 Agenda Item Number 16D -If Aooroved bv the BCC Type of Document Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate, Original document has been signed/initialed 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 trom ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully cxecuted 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 Chailman 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 forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines' The document was approved by tbe IICC 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 licable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 11- 1i- "#.. '*- nla 1l 1t I: Formsl County Fonusl BeC Formsl Original Documents Routing Slip 'J,!WS OriginaI9.0:L04. Revised 1.26.05. Revised 2.24.05 Return to 4244728 OR: 4415 PG: 4056 RBCORDBD In OPPICIAL RBCORDS of COLLIBR COUNTY. PL 12/24/2008 at 08:18AK DWIGHT B. BROCK, CLBRK RBC PBB COPIBS Frank Ramsey Collier County UUS 3301 E. Tamiami Trail :"Iaples. Florida 34112 Retn: CLBRK TO THB BOARD INTBROPPICB 4TH PLOOR BXT 7240 16D 35.50 4.00 6 File# 09-042-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~ay of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Kenold Pierre and Marie Gertrude Pierre" (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 Codc of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any cont1ict 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) thc sale of the dwelling unit; b) the refinaneing of the dwelling unit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfcr of any part of the affcctcd real property, and in any sueh 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 effectivc date of the transfer. As set forth in Exhibit "8," the amount of the deferred impact fees is Twelvc Thousand Four Hundred Fortv Two and 46/1 00 Dollars ($12,442.46). Repayment shall include any accrucd interest. Interest shall be computed at the rate of five percent (5%) per annwn, 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 operatc as a lien against the dwelling unit. The lien shall OR: 4411 ~:d0576 terminate upon the reeording 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. Exeept as provided by law, regardless of any foreclosure on the first mortgage or other seeurity 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 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 notiee 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 enforeing this Agreement, plus interest at the then maximum statutory rate for judgments ealeulated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subjeet 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 COUNTY, FLORIDA, Attest 'b'tOCCh.l signature-ORI" , CHAIRMAN 12-/lIt/lo08 WITNESSES AS TO BOTH SIGNATURES Witnesses:. " , 'Y) OktJ!,> (U (~()..atti:.c. Print Name rnl'/rl-f)fl I~ i /Hli'i.u.b Print STATE OF FLORIDA) COUNTY OF COLLIER) 2008, Approved as to form and legal sufficiency: (~Hl~ Colleen Greene Assistant County Attorney OR: 4415 PG: 4058 16D 6 yO~ '/fAU_ Kenold Pierre OWNER: '1 '~ J'Iia;,;..e..c;:f,;, lUie~.' Marie Gertrude Pierre k~ow'edged before me this ~ day of ^-, uV , ;,q.:,ho is personally known to me or has produeed as proof of identity. J ) ture of Person Taking Acknowledgment Recommend Approval: ~,J.-L ~ / arcy Krum ine, MP A Director Collier County Housing and Human Services EXHIBIT "A" *** OR: 4415 PG: 4059 *** 160 6 LEGAL DESCRIPTION Lot 40, 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 3684 Justice Circle, Immokalee. FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed TOTAL 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 lmpaet 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