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Backup Documents 12/16/2008 Item #16D19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 19 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 Office The completed TOuling slip and uriginal documents aTe to be forwarded to the Board Oftice only after the Board has taken action on the ikm.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates. and/or information lH.Ttkd. If the document is already complete with the excention of the Chaimmn's silJnature, draw a line throuph routinu lines #1 thrOlllrh #4, comolete thl. dlccklisL and forward to Sue Filson (line#5) Route to Addressee(s) Office Initials Date (List in roulin!! order) I.Frank Ramsey Housing and Human Service 7t 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 INFORMA nON (The primary conta::t is the holder of tlle original document pending Bee approval. Normally the primary contact is the person who created/prepared the cxccutive summary. Primary contact information is needed in the event one of dlC addressee~ above, inchrlillg Sue Filson. need to Ct111act staff Ii)!" additional or missing information, All original documents needing the BCe Chainnan's signalurc are to he delivered to the IJCC olTic..: only atiet the BCe has ackd 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 161) -1'1 Annroved bv the BCC Type of Document Agreement Number of Original I Attached Documents Attached I. 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, l11ust 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 bave been fully executed by all parties except tbe BCC Cbairman and Clerk to the Board and ossibl Stale Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC 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 lotiated contract date whichever is a licablc. "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 BCC office within 24 hours of BCC approval. Some documents are time sensitive and require fOlwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware ofvour deadlines! The doeument was approved by tbe BCC on 12/1612008 and all ehanges made during the meeting have been incorporated in the attached document. The County Attorney's Offiee has reviewed the ehan CS, if a Iieable. '7f!- Yes (Initial) N!^(Not A plicable) 11- 2. 7L n/a 3. 4. 5. 1t 6. I: Forms! COlmty Forms! Bee Forms! Original Documents Routing Slip WVVS Original 9.03.04, Revised 1.260~i Revised 2,24,(J5 Return to 4244739 OR: 4415 PG: 4100 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL 12/21/2008 at 08:18AM DWIGHT E. EROCK, CLERK REC FEE 35.50 coms 1.00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 Retn: CLERK TO THE BOARD INTEROFFICE ITH FLOOR BXT 7210 16019 File# 09-054- 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 Deeember, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Pabiliee Anofils" (OWNER), colleetively 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" (Ordinanee). 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 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 impaet fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-eomplianee with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 4415 PG: 4101 '16 D 19 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals ofimpaet 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 eompletion of this Agreement's requirements, COUNTY shall record 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, eolleet 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 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 successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no eost to the COUNTY. IN WITNESS WHEREOF, the Parties have exeeuted this Agreement on the date and year first above written. Attest: DWIGHTE. BROCK, Clerk , . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: Attt,st IS teC1la Ifonatur:e on I', ." ~ . - \, J z./ //Q jlfJO 8 IRMAN WITNESSES OR: 4415 PG: 4102 16 D 19 OWNER: Witnesses: JJF\Bli i\:E \\~"/ Qf(( J Pabiliee Anofils OWNER: w;~~ Ptint aIDe <7, ' ~c.. , STATE OF FLORIDA) COUNTY OF COLLIER) The f~~goin,g Agreer;r:~t ~as/acknowledged before me this -Li- day of ;t/(f)/ , by l(I.hillee 4L-'&ftl j ,who is personally known to me or has produced r ( I.I) as proof of identity. 2008, [NOTARIAL SEALl e" AGNES MENDOZA . MY COMMISSION # Dm94447 -.;;..~~ EXPIRES'''''''""",'2.201O I.sw.J.NOTARY f'l. Nl;Qry DiIorM11 ~ Co. e of Person Taking Ackfiowledgment S Approved as to form andlegalsuffieiency: ~~ Colleen Greene Assistant County Attorney :gd~ J-'-R . arcy Krumbin, P A Director Collier County Housing and Human Serviees EXHIBIT "A" *** OR: 4415 PG: 4103 *** 16 0 19 LEGAL DESCRIPTION Lot 119, Liberty Landing, according to the plat thereof, as reeorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3715 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correetional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities 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 IMP ACT FEES $14,987.08 J.