Backup Documents 03/23/2010 Item #16D 2
10 (2,ec 3 -2{o-iO
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 0 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURd.
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or inFormation needed. Ifthc document is already complete with the
exceDtion ofthe Chairman's silUUlture, draw a line throug'h routini> lines # 1 throulUl #4, comnlctc the checklist, and fOf'hllrd to Ian Mitchell nine #5),
Route to Addressee(s) Office Initials Date
(List in roulin2. order)
1. Frank Ramsey HHS /?-io-, .,Le-/c_
j,C.
FI2' 3/23/2010
3.
4.
5. Ian Mitchell, Executive Manager Board of County Commissioners ~ ;/2.')/10
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contael is the person who created/prepared the executive
summary. Primary contact information is needed in lhe event one of the addressl..'es above, induding Ian Mitchell, need to contact staff for additional or missing
information. All original documents needing the HCC Chairman's signature are 10 be delivered 10 the Bee office only after the Bce has acted to approve the
item)
Name of Primary Staff Frank Ramsey! Housing & Human Services Phone Num ber 252-2336
Contact
Agenda Date Item was March 23, 2010 Agenda Item Number 16D2
Approved bv the BCC
Type of Document Lien agreements Number of Original 2
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 pageslTom 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 ossibly State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all otber parties 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 negotiated contract date whichever is a plicable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and in itials are re uired.
]n most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell 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 your deadlines!
The document was approved by the BCC on 3!23!2010 (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Coun Attorne's Office has reviewed the chan es, if a Ucable.
Yes
(Initial)
1.0
N!A(Not
A Iicable)
2.
3.
4.
5.
6.
1.0
1.0
1.0
1.0
1.0
I: Form&! County Form&! BCe Forms/ Original Documents Routing Slip WWS Original 9.03.04, Rf~vised 1.26.05, Revised 2.24.05
16D2
Return to
Frank Ramsey
Collier County HAS
3301 E. Tamiami Trail
Naples, l'lorida 34112
File# 10-075-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 23rd day of March, 2010, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Charite Francois and Joselene Pierre"
(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 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 Twentv Two Thousand Five
Hundred Seventv One and 30/100 Dollars ($22,571.30) 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
16D2
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
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 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. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
,',,:;. ~ "
)"i.
.By;~~O_C .
~t...-t ~_.. .: ..- ~ty Clerk
rt~ ~)';"
, \ >,
By:
/-tt./L L,,) (,"'VQQ
FRED W. COYLE, tHAIRMAN
3/23 j;! OI()
Approved as to form
and legal sufficiency:
r~
Colleen Gre e
Assistant County Attorney
Recommend Approval:
/'~. jj{, J
" ,v'-..,_.... ---"-' '-'
Marcy Krumbine, MPA
Director
Collier County Housing and Human Services
2
16D~
WITNESSES OF BOTH SIGNATURES
lWilnes~s:
7I:Wik.~'L
Print Name
o~ .
{ - .' ~-'ie)
C rite Francois
Witnesses: '.} ~?f-'
'..??,/I~ ~'( ,
Print Name A/O a,;':;;" - -r~
STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER:
t~:iie;}~"n~
The
1:'b/u{,l-J~t-4
produced I
foregoing A~reement was acknowledged before me this I '2. day of
2010, by (, I'l,i J < r. 1 Jv<l<,,,,-~ .' who is personally known to me or has
as proof of identity.
')
,; ,-<;,'
Signature of Person Taking Ac owledgment
3
1602
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 51, Block 4, Amended Plat of Naples Manor Extension, according to the map or plat thereof as
recorded in Plat Book 3, Page(s) 101, Public Records of Collier County, Florida.
STREET ADDRESS
5465 Collins Street, Naples, Florida 34113
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $112.46
B. Correctional Facilities Impact Fee $122.36
C. Library Impact Fee $503.49
D. Community Parks Impact Fee $1,075.25
E. Regional Parks Impact Fee $2,378.20
F. Educational Facilities System Impact Fee $9,026.12
G. Road Impact Fee $8,247.62
H. Government Building Impact Fee $796.05
I. Law Enforcement Impact Fee $309.75
TOTAL IMPACT FEES $22,571.30
4
16D2
Return to
Frank Ramsey
Collier County IlUS
3301 E. Tamiami Trail
~aples. Florida 34112
File# 10-072- IF
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 23rd day of March, 2010, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Marie Jean Paul" (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 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 Fifteen Thousand Two
Hundred Fortv Six and 261100 Dollars ($15.246.26). 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
1602
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
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 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..BRO~.r<., Clerk
'c
,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
~ .'
B' ' !',,DL .
. y. J\1llllC~yt=lerk
.t.......,~
By:
"jl_t,l L.,J (~~~'
. . -- ...... 31:23/Z01(.
FRED W. COYLE, CH IRMAN
,\
Approved as to fohn
and legal sufficiency:
c~e~ 0
Assistant County Attorney
Recommend Approval:
;I
(
~//
//.
.--..... .'--.....-
/( " ._'
/ Y Krumbine,'MP~
Director
Collier County Housing and Human Services
2
WITNESSES
~"
ue-
1602
OWNER: \
~\ ~~\ ~J~ t\ ~'--
Marie Jean Paul
OWNER:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreemjpt was acknowledged before me this ~ day of 11 J1 b t1Af /\~
2010, byJ"()tjJJJJ 8, fJJJ-d. J , who ,fs"'"personally known to m~o~J (} .
as proof of identity.
[NOTARIAL SEAL]
,
>ij"\.
. ;. '"'f-';
~ :;0,,,"0'
Notary PUblic State of Florida
Anna Vidaurri
My Commission 00949401
Expires 12130/2013
Si ature of Person Ta ing Acknowledgment
3
1602
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 67, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, ofthe Public Records of Collier County, Florida
STREET ADDRESS
3792 Justice Circle, rmmokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee Amount Owed
A. EMS Impact Fee $116.06
B. Correctional Facilities Impact Fee $190.61
C. Library Impact Fee $424.14
D. Community Parks Impact Fee $862.50
E. Regional Parks Impact Fee $1,907.85
F. Educational Facilities System Impact Fee $3,343.68
G. Road Impact Fee $7,725.00
H. Government Building Impact Fee $482.59
I. Law Enforcement Impact Fee $193.83
TOTAL IMPACT FEES $15,246.26
4