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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.