Backup Documents 12/16/2008 Item #16D10
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D 1 0
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Prim on pink paper. Attach to original document. Original documents should be hand delivered to the Board omce. The completed routing slip and original
documents arc to be forwarded to the Board Otlicc only aftl'r the Bourd has tak..:n uction on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention oflhe Chairman's sifwature, draw a line throu!!h routin!! lines #1 thrOlwh #4, comn\ctc the checklist, and forward to Sue Filson (lioe#5)
Route to Addressee(s) Office Initials Date
(List in rautinp" order)
I.Frank Ramsey Housing and Human Serviee 7f-- 12/17/08
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Records Clerk of Court's Otnce
PRIMARY CONTACT INFORMATION
(The primary conta:t is the holder of1he original document pending Bee approval. Normally Ihe primary contact is the person who created/prepared the executive
summary. Primary contact intormation is needed in the event one ofdle addressl.es above, inchxJing Sue Filson, need to cmtact starr for additional or missing
information. AU original docwnents needing the Bee Chairman's signature are Lo be delivered hl the Bee oflice 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 12/16/2008 Agenda (tem Number 160-10
Aooroved by the BCC
Type of Doewnent 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 from ordinances,
resolutions, etc. signed by the County Attomey's OHice 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 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 Bce ehainnan 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 Jotiated 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 Bee office within 24 hours of Bce approval.
Some docwnents are time sensitive and require forwarding to Tallahassee \vithin a certain
time frame or the Bee's actions are nullified. Be aware of 'our deadlines!
The document was approved by the Bec on 12/16/2008 aod 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.
#
7i
Tl
'1/.,
7t-
n/a
'1t--
I: Forms! County Forms/ BeC Forms! Original DocumelllS Routing Slip WWS Original 9.03'()4. Revised J.26.05. Revised 2.24.05
Return to
4244731 OR: 4415 PG: 4068
RECORDED In OFFICIAL RECORDS of COLLIER COUNTY. FL
12/24/2008 at 08:18AM DWIGHT E. BROCK. CLERK
REC FEE
COPIES
35.50
4.00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples. Florida 34112
File# 09-050-IF
Retn:
CLERK TO THE BOARD 1 6 0 1 0
INTEROFFICE 4TH FLOOR .
EIT 1240
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 16th day of December, 2008, between Collier County, a
politieal subdivision of the State of Florida (COUNTY) and "Christy Marie Fegueroa" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable eonsideration, the reeeipt 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 Ordinanees 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 Fourteen Thousand Nine
Hundred Eightv Seven and 08/100 Dollars ($14,987.08). Repayment shall include any
aeerued interest. Interest shall be computed at the rate of five pereent (5%) per annum, but in
no event shall it exeeed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property deseribed in Exhibit "A," whieh 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: 4415 PG: 4069
terminate upon the recording of a release or satisfaction of lien in the public !c~dgfleo
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 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 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, ineurred 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 COUNT ,FLORIDA,
1Z-/JIlIc'1
Bs:
G CHAIRMAN
At~st I. 'to Qhll
.1Oftlt~QIt4'1!
;-1;
WITNESSES
Witnesses:
'-fYJo.J:l9. ~
Print Name fYlar/+z.Q. 1/ M1,a.do
STATE OF FLORIDA)
COUNTY OF COLLIER)
OR: 4415 PG: 4070
16DIO
OWNER:
~M~~
Christy arie Fegueroa
OWNER:
2008,
was aeknowledged before me this a day of ;J (J)/. ,
ho is personally known to me or has produced
as proof of identity.
[NOTARIAL SEAL]
,-",.;';; MENDOZA
. ~~ IIYCOMIIISSION._7
:~ 1!XPIItBI:s--.I2.:lOIO
)l........mAllY PI.",,-,~....c:o.
Approved as to form
and legal sufficiency:
J}JJPilfAA ~ fl
Colleen Greene
Assistant County Attorney
ture of Person Taking Pi. knowledgment
" ---P
EXHIBIT "A"
*** OR: 4415 PG: 4071 ***
16D10
LEGAL DESCRIPTION
Lot 49, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Publie Reeords of Collier County, Florida
STREET ADDRESS
3720 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $112.46
B. Correctional Faeilities Impact Fee $66.97
C. Library Impaet Fee $402.79
D. Community Parks Impaet Fee $862.50
E. Regional Parks Impact Fee $1,907.85
F. Educational Faeilities System Impact Fee $3,139.61
G. Road Impact Fee $7,858.52
H. Government Building Impact Fee $450.18
I. Law Enforcement Impact Fee $186.20
TOTAL IMPACT FEES $14,987.08
J.