Backup Documents 12/16/2008 Item #16D27
16D27
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 be hand delivered to the Board Office 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, If the document is already complete with lhc
exceDtion of1he Chairman's sienature, draw a line through routing lines # 1 thwugh #4, cOffioletc the checklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Offiee Initials Date
(List in routiml order)
I.Frank Ramsey Housing and Human Service '-#- 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 contert is the holder of the original document pending Bee approval Normally the primary contact is the persoll who cn:atedlprepared the executive
summary. Primary contact information is needed in the event one OftllC addrcssiCes above, inch.liing Sue Filson, nccd to (;(l1tac( statffor additional or missing
information. All original documents needing dlC Bee Chairman's signature arc to he delivered to the BCe 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 Item was 12/16/2008 Agenda Item Number 16D_ -Z 1-
Annroved bv the BCC
Type of Document Agreement Number of Original I
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 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 Omce 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 Omeials.)
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 10tiated contract date whichever is a Iicable.
"'Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uircd.
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 ofBCC 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 hy the BCC on 12/t6/2008 and all changes made during
the meeting have been incorporatcd in the attached document. The Cuunty Attorney's
Office has reviewed the chao es, if a Iicablc.
Yes
(Initial)
N/A(Not
A lieable)
if--
2.
nla
3.
~
4.
5.
11-
6.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 224.05
16D27
MEMORANDUM
Date:
December 23, 2008
To:
Frank Ramsey, Housing Manager
Housing & Human Services Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Impact Deferral Agreements
Enclosed please find four (4) original Impact Deferral Agreements, as
referenced above (Agenda Item #16D25 thru #16D28), which were
approved by the Board of County Commissioners on Tuesday,
December 16, 2008.
Please forward a fullv executed oril!:inal for each al!:reement to the
Minutes and Records Department for the Board's Records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
16D27
Return to
Frank Ramsey
Collicr County lDIS
3301 E. Tamiami Trail
Nlple.. Florida 34112
File# 09-058-IF
This space for recordiag
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
politieal subdivision of the State of Florida (COUNTY) and "Amalia Lubref and MentorJis Lubref'
(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"
(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 refinaneing 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 Nineteen Thousand Two
Hundred Ninety and 73/100 Dollars ($19,290.73). 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-eompliance with the Ordinanee or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
16D27
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, exeept that this
lien shall be on parity with any lien for County taxes.
6. Upon the satisfaetory 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 notiee 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 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 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:
DWIGHT E. BROC~Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER OUNTY, FLORIDA,
By:
.,. ;." ,Dep
. Atte$t..'.tooth4'~
J loneture on I ~
8
WITNESSES AS TO BOTH SIGNATURES
uJ
Print N
nss~ ~c ~
Print Name ~ ')fJI./
STATE OF FLORIDA)
COUNTY OF COLLIER)
16D27
OWNER:
O~ER: t pL I) ~ C~~"G t
'kir-"fI '\i
Mentorlis Lubref k /:;.d <:X~"~ /
R-~ -, ;P;y.,
:::,.
The foregoing Agreement was acknowl
2008, by Ci.-i\... ....d~~lhklo1"tf, ho
[NOTARIAL SEAL]
~ A. SALAZAR
MY COMMISSION j DDI16975
EXPIRES: AUld: 21, 2012
I-IQO.J.NOTA,RV PI, NatIry.o.-IIl AIIoG. Co.
Approved as to form
and legal sufficiency:
j;&~~
Colleen Greene
Assistant County Attorney
-.JI
Recommend Appr
vv-
ar y Krumbine,
Director
Collier County Housing and Human Services
16[]Zl
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 7, Milagro Place, according to the plat thereof, as recorded in Plat Book 41, Pages 89 and 90, of
the Public Reeords of Collier County, Florida.
STREET ADDRESS
325 Rose Avenue, Immokalee, Florida 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type oflmpact Fee
Amount Owed
A. EMS Impaet Fee
B. Correctional Facilities Impact Fee
C. LibraryIrnp~ctFee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
$100.59
$129.43
$460.23
$935.00
$2,068.00
$8,228.00
$6,359.00
$725.00
$285.48
$19,290.73
TOTAL IMPACT FEES