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Backup Documents 12/16/2008 Item #16D24 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 24 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 Onicc. The completed fOuting slip and uriginal documents are to be forwarded to the Board Otlice only afh'r the Board has taken action on the item.) ROUTING SLIP Complete rOllting lines # I through #4 as appropriate for additional signatures, dates. and/or inli.mnatiOI1 needed. If the document is already complete with the excention oflhe Chairman's sil1nature, draw a line throU!~h routino lines #llhrouQh #4, camnlete the checklist, and forward to Sue Filson (Iine#5) Route to Addressee(s) Offiee Initials Date (List in routino- order) I.Frank Ramsey Housing and Human Service 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 Office PRIMARY CONTACT INFORMATION (The primary conta::t is lht: holder of !he original document pending 13CC approval. Normally the primary cuntact is the pnson who created/prepared the I.:xl.:cutive summary. Primary contact information is needed in tbe event one of dle addressces above, inclllling Sue Filson, nced 11) emtaet stall for additional or missing infonnalion. All original documents needing the Bee Chairman's signatun: are to be dcliven.:d to the Bee oHke only tlfter the Bee has acted to approve thc item) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 12116/2008 Agenda Item Number 16D- Z'-t Annroved by the Bee Type of Document Agreement Number of Original 1 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 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 pagt's from contracts, agreements, etc. that have been fully executed by alt parties except the Bee Chairman and Clerk to the Board and ossibl State Olficials.) All handwritten strike-through and revisions have been initialed by the COllnty Attorney's Omce and all other arties exee t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of Bee approval of the document or the final nCHotiated contract date whichcver is a licable. "Sign here" tabs arc 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 otfice within 24 hours of BCC approval. Some documents are time sensitive and require fOlwarding to Tallahassee within a certain time frame or the Bee's actions are nullified. Be aware of our deadlincs~ The document was approved by the Bee on 12/16/2008 and all changes made during the meeting have been incorporatcd in thc attachcd document. The County Attorney's Office has reviewed the chan cs, if a lieable. ~ Yes (Initial) N/A(Not ^ licablel '-1l. 3. n/a 2. 4. 5. 1-1- 6. I Forms! COllllty Forms! BeC Forms! Original Documents Routing Slip V,iWS OriginaI9.0J04, Rcvised 1.2(dJ5, Revised 2.24.05 Return to n'~n71Q ~R' ~41~ p~' 400~ 'H..'tIJ.] V, , J 13, J RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FI 12/24/2008 at 08:09AM OWIGHT E. BROCK. CLERK REC m 27.00 coms 3.00 Frank Ramsey Collier County liltS 3301 E. Tamiami Trail Naples. Florida 34112 Retn' CLERK TO THE BOARD INTEROFFICE 4TH FLOOR BXT 7240 16D24 File# 09-047-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 "Marie G. 10reelin" (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 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 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 "8," 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 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 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 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 OR: 4415 P160~4 24 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, 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 otlieial 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: , , DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNT.Y, FLORIDA, ,De Au.st IS to Ch4f,... "gnatllf't' on,. ',)/itt/uor HAIRMAN By: WITNESSES OWNER: ~L~ (~ ( Marie G. Joreelin /i OWNER: VIC~ STATE OF FLORIDA) COUNTY OF COLLIER) The 2008, by r~o.ing Agr ementwas acknowledged before me this ~ day of Ai01l. , (),AA..(., t. ., , who is personally known to me or has produced as proof of identity. 7 . " re of Person Taking Acknowledgment [NOTARIAL SE K" AGNES MENDOZA ~.~ MYCOMMISSION*DDI94447 ".~ EXPIRES'5<\'I'"'*'" 12.2010 ~-;~HroTARY Fl.I'ic:Il*'Y~~eo. "'......'''"'' , Approved as to form and legal suftieieney: ~~ Colleen Greehe Assistant County Attorney Recommend Approval: ., ) ,l PA (....--..J'-.-.~-,- arey Krumbin , Director *** OR: 4415 PG: 4005 *** 16D24 Collier County Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION Lot 50, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3724 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type oflmpaet Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional 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 1. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 J.