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Backup Documents 12/16/2008 Item #16D11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16D11 Print on pmk paper. Attach to original document Original documents should be hand delivered to the Board Of11cc. The completed routing slip and original documents are to be forwarded to the Board Ollice only after the Bomd 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 thl.: excention of the Chairman's signature, draw a line throueh routine: lines #1 throucl1 #4, comnlete the checklist, and forward to Sue Filson (Iine#5). Route to Addressee(s) Office Initials Date (List in routinp order' I.Frank Ramsey Housing and Human Service 7L 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 Office PRIMARY CONTACT INFORMATION (The primary conta;t is the holder afthe original document rending Bee approval. Normally the primary contact is the person who created/prepared Ihe executive summary. Primary contact information is needed in the event one ofthe addressees ahove, inch.rling Sue Filson, need to cmtact statTfor additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee olfice only after the BeC 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 Item Number 16D-1I Annroved bv the BCC Type of Document Agreement N urn ber of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "NI 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 Chainnan 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 Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as tlle 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 Bee office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a celtain time frame or the BCC's actions are nullified. Be aware of 'our dcadlincs~ The document was approved by the Bee 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 lieable) 2. 3. 4. 5. 6. TI- w w nla Yl 7-/- J: Forms/ County Forms/ Bec Forms/ Original Documents ROllting Slip WWS Original 9.03,04, Revised 1,26.05, Revised 2.24.05 Return to 4244732 OR: 4415 PG: 4072 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/21/2008 at 08:18AM DWIGHT E. BROCK, CLERK REC m coms 35.50 4.00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTEROmCE ITH FLOOR BIT 7210 16D11 File# 09-051-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 16th day of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Rebeeea Antoine" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficieney 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 Ordinanee" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinanee 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 impaet 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 impaet fees shall be paid in full to the COUNTY not later then the closing of the sale, or not later then the effective date ofthe 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 acerued interest. Interest shall be eomputed 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 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: 4073 terminate upon the recording of a release or satisfaction of lien in the public relnf? oPth] 1 County. The deferrals of impact 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. Exeept 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 eompletion of this Agreement's requirements, COUNTY shall record 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 enforee 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 eosts, including attorney's fee and costs, incurred 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 suceessors and assigns in interest. 9. This Agreement shall be recorded in the official reeords 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. BRDCK, Clerk GII.~'. BY:_Y~;: BOARD OF COUNTY COMMISSIONERS COLLIER C UNT ,FLORIDA, B z../I" /lOO f ty Cler WITNESSES OR: 4415 PG: 4074 16Dl1 ~~~ Print Name MtJ.r#teL It I varcvft, OWNER: f K Cb ~rct{;4A/l:c;)<- Rebecca Antoine WiHseseJOi JJJfD ptid~Jf:J~ f!rflrIt57oJ STATE OF FLORIDA) COUNTY OF COLLIER) The f<il~~in~~greeweJ1tF acknowledged before me this II day of Ai rf'I , 2008, by~O ~~ , who is personally kn~to me or has produced a of of identity. I ;( OWNER: r~~ Colleen Greene Assistant County Attorney ~lm~dAT: J _/MarCY~MPA Direetor Collier County Housing and Human Services Approved as to form and legal sufficiency: EXHIBIT "A" *** OR: 4415 PG: 4075 *** 16011 LEGAL DESCRIPTION Lot 29, Liberty Landing, aeeording to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Reeords of Collier County, Florida STREET ADDRESS 3636 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Building Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46 J.