Backup Documents 12/16/2008 Item #16D17
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 17
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 Oft'icc. 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 infonnation needed. lfthe document is already complete with the
exception of the Chainnan's signature, draw a line throul!;h routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service -=ft- 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 of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one ofdle address~:es above, incJlIling Sue Filson, need to c01tact staff for additional or missing
information. All original documents needing the Bee Chainnan's signature are to be delivered to the BCC office 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 [tern was 12/16/2008 Agenda [tern Number 16D -11
Approved by the BCC
Type of Document Agreement Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Ves 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 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 BCC Chainnan and the Clerk to the Board
The Chainnan' s signature line date has been entered as the date of BCC approval of the
document or the fmalne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's
si ature and initials are re uired.
[n 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 our deadlines!
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 Ii cable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
tI-
nla
7i
7-t.
7t-
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f: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Return to
4244738 OR: 4415 PG: 4096
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL
12/24/2008 at 08:18AM DWIGHT B. BROCK, CLBRK
RBC FEE
coms
35.50
4.00
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 09-052-IF
Retn:
CLBRK TO THB BOARD 1 6 0 17
INTBROFFICI 4TH FLOOR ...
lIT 1240
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT
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 "Mario Diaz Lujan and Jael Avalos
Perez" (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:
I. This Lien Agreement is made pursuant to Chapter 74 ofthe Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any contliet with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attaehed 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 oceurrence 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 Nineteen Thousand Three
Hundred Seventv Two and 46/100 Dollars ($19,372.46). 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%) 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: 4097
16D17
terminate upon the recording 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. 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 record
any neeessary documentation evideneing same.
7. In the event the OWNER is in default under the Ordinanee 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 Ordinanee,
or bring a eivil 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 eosts, 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 ollicial records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have exeeuted this Agreement on the date and year first
above written.
Attest:" ., , ,
DWIQHt E. B'Rb~K, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT ,FLORIDA,
By:;
Attest as 'to ~'I
"gnatln_...-
I Lit" /z.c0f'
HAIRMAN
OR: 4415 PG: 409B
16D 17
WITNESSES AS TO BOTH SIGNATURES
OWNER:
M~Z Lujan
~es~S:0 . 1/ J
(i)).v.tf)..u.-<2. .~ 7YO,.()1(.~"
Print Name . me..tAfl4..
OWNER:
'~l *d~ '
J ael Avalos Perez
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was aekno~ledged before me this ~ day of IUiJutf'I be (
2008, by l\lJI\' '. \), 0.? \..-..".,", .l.. \ J\ who is personally known to me or has produced
.
v'- ...J;:. D as proof of identity.
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=- : My Comm, Expires ~ C:ii
= : August 29. 2010: :
'i .. No. DO 590338: i
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Approved ~~o\i)J1fflfi~,'\'\\'
and legal sufficiency:
. l
/~~~ ~- 4~
Signature of Person Taking AcknoWfedgment
Recommend Approval:
(I~~
Colleen Greene
Assistant County Attorney
Co- -P
rcy Krumbine,
Director
Collier County Housing and Human Services
EXHIBIT "A"
*** OR: 4415 PG: 4099 ***
16017
LEGAL DESCRIPTION
Lot 171, Trail Ridge, aeeording to the plat thereof, as recorded in Plat Book 44, Pages 71 through
77, inclusive, of the Publie Records of Collier County, Florida
STREET ADDRESS
13439 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impaet Fee
Amount Owed
G. Road Impact Fee
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,515.00
$3,415.00
B. Correctional Facilities Impact Fee
C. Library Impaet Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impaet Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Sewer System Impact Fee
K. Water System Impaet Fee
TOTAL IMPACT FEES
$19,372.46