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Backup Documents 12/16/2008 Item #16D18 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 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 he hand delivered to the Board OITicc. The completed routing slip and original documents are to be forwarded to the Board Ofnce only after the Board has taken action on the item.) 16018 ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exce;:"tion of the Chairman's sianature, draw a line throuoh fIlutinu lines #1 throucl1 #4, cOffiolete the checklist. and forward to Sue Filson (Iine#5\. Route to Addressee(s) Office Initials Date (List in routing- order) I.Frank Ramsey Housing and Human Service rt- 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 Offiee PRIMARY CONTACT INFORMATION (The primary contoct is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/preparcd the executive summary. Primary contact information is needed in the evenL one oflhe addressees above, ineh.rling Sue Filson, need to cmtaet staff for additional or missing information. All original documents needing the BCC Chairman's signature arc to be delivered to the BCC office only after the BCC has acted to approve the item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Cnntact Agenda Date Item was 12/16/2008 Agenda Item Number 16D-I<6 Annroved bv the BCC Type of Document Agreement Number of Original I Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a ro riate. Original document has been signedlinitialed 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 Attorney's Office and signature pages from contracts, agreements, etc. that have been tully executed 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 Bce Chairman 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 Bec office within 24 hours of BCC approval. -;t.g Some documents are time sensitive and require fOlwarding to Tallahassee within a certain I q:.. time frame or the Bee's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12/16/2008 and all changes made during ~f} the meeting have been incorporated in the attacbed document. The County Attorney's ( ,...-. Office has reviewed the chao es, if a licable. 1. 2. 3. 4. 5. 6. Yes N/A(Not (Initial) A Iicable) Tl- It: nla I: Forms/ County Forms! Bee Forms! Original Documents Routing SI ip WWS Original 9.03.04. Revised 1.26.05. Revised 2.24.05 Return to 4244740 OR: 4415 PG: 4104 RiCORDiD in OFFICIAL RiCORDS of COLLIiR COUNTY, FL 11/11/1008 at 08:18AM DWIGHT i. BROCK. CLBRK RBC m 17.00 coms 3.00 Frank Ramsey Collier County "US 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLiRK TO THi BOARD INTBROFFICB ITH FLOOR BXT 7110 16018 File# 09-064-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 "Jean Baptiste Sergot Souverain and Marie Edith Souverain" (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 Code of Laws and Ordinances 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 ofthe dwelling unit is attached as Exhibit "A." 3. The term ofthis 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 retinancing 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 Twelve Thousand Four Hundred Fortv Two and 46/100 Dollars ($12.442.46). Repayment shall include any aecrued interest. Interest shall be computed at the rate of five pereent (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," 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 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. 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 completion of this Agreement's requirements, COUNTY shall record any neeessary 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 OR: 4415 PG: 4105 16018 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinanee, 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 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 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: DWIGH!,E. BROCK,perk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Attest a.' ~!~f Ifgnat\tl:tOllf'! .,'-' -, . L' tl ~; i ~- J," IlJ/ldu03 AIRMAN WITNESSES AS TO BOTH SIGNATURES Witnesses: ~<ldL o..w Otto.k Print Name fY\ o.,.~ OWNER: o _Tea.~ e~~ St/1~ 5c5u~ Jean Baptiste Sergot Souverain ~ 'ntName ~ OWNER: ~ dv ; tH SOl)-1I ~Rli ; rv Marie Edith Souverain STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknom,ed&~ before me this I S'day of Ai 0 Y. , by _.\"C",.},p\",\e 'x~Q\ ")0"",,'1- who isperson~lly ~own to me or has produced -rL .:::!:C> a of of IdentIty. 2008, Approved as to form and legal sufficiency: Reeommend Approval: ",l;-dp}- ~ Director ~~ Colleen Greene Assistant County Attorney *** OR: 4415 PG: 4106 *** 16018 Collier County Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION Lot 38, Liberty Landing, according to the plat thereot: as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Publie Reeords of Collier County, Florida STREET ADDRESS 3672 Justiee 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 $368.1 8 D. Community Parks Impaet Fee $750.00 E. Regional Parks Impaet 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.