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Backup Documents 06/22/2010 Item #16D 46�# THIS ;�AtG AEI +T TO ORIGINAL DOCUMENTS CHECKL TING WP -BE RECORDED TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J;0__ 6 - 2 4 -10 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S . THE 'OR%zNAL DOCUMEN' Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The co —ereo - _ documents are to be forwarded to the Board Office only after the Board has taken action on the item.) WAS NOT R9T&NED - ROUTING SLIP - Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is alma% TH I S, .OFF ICE exception of the Chairman's signature, draw a line throu routing lines #I throu #4 coin lete the checklist and forward to S F7 1 Route to Addressee(s) List in routing order Office ue i son Initials Lrie _ . Date l.Frank Ramsey Housing and Human Services Initial 6/23/2010 2. Chairman Fred W. Coyle Board of County Commissioners Agenda Item Number 16134 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Agreements Number of Original 2 5. Ian Mitchell, Executive Manager Board of County Commissioners 0 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are 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 Contact appropriate. Initial Applicable) Agenda. Date Item was 06/22/2010 Agenda Item Number 16134 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreements Number of Original 2 Attached I resolutions, etc. signed by the County Attorney's Office and signature pages from Documents Attached INSTRUCTIONS & CHF,CK11.1ST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. 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 Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. 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 forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 06/22/2010 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1694 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 083 -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 22nd day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Crisla Joseph" (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 Forty Six and 26/100 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 1664 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 L 8ROCK,,der , eputy Clerk *t*K fnMw .� •t "fin Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: W x/22/2010 FRED W. COYLE, CH I MAN Recommend Apf roval: iL, --J, .__v 'Marcy Krumbme, MPA Director Collier County Housing and Human Services 2 WITNESSES Witnesses: Print Name Wi nesses:" -Isrin--t Name Nof STATE OF FLORIDA COUNTY OF COLLIER The regoi g Agreement w acknowledged 2010, by wh� It as [NOTARIAL SEAL] E P `Notary Public State of F ida Anna Vidaurn My Commission D0949401 n° Expires 12130!2013 OWNER: Crisla Josep 16D4 this -� - a y of - - ly known to m or has o uced Acknowledgment 1604 EXHIBIT "A" LEGAL DESCRIPTION Lot 66, 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 3788 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee 1. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $116.06 $190.61 $424.14 $862.50 $1,907.85 $3,343.68 $7,725.00 $482.59 $193.83 $15,246.26 4 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10- 084 -IF 16D4 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 22nd day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Esmeralda Rodriguez" (0)ANER), 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 Forty Six and 26/100 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 1 1604 " 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 X191ul . MM`S IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGII E "$BOCK, Clerk B-: k . Attift pity Clerk Approved`8 to form and legal sufficiency: - OA&Z Colleen Greene Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By:_ y' 6/22/2010 FRED W. COYLE, C IRMAN Recommend Appr val: ,/, cy Krumbine, M A Director Collier County Housing and Human Services 2 WITNESSES Witnesses. Print Name - vy Wit>esses: Print Name STATE OF FLORIDA COUNTY OF COLLIER 2010, [NOTARIAL SEAL] RNotary Public State of Florida Anna Vidaurri My Commission DD949401 Expires 12/30/2013 16D4 OWNER: P r�y)tUXa ,0 Qoftj", Esmeralda Rodriguez v t OWNER: acknowledged before day of , t ft"h is ersonally know to me or has roduced as as proof o 1 entity. ignature of Person Taking Acknowledgment 3 16D4° EXHIBIT "A" LEGAL DESCRIPTION Lot 131, 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 3787 Justice Circle, Immokalee, FL 34142 EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES Amount Owed $116.06 $190.61 $424.14 $862.50 $1,907.85 $3,343.68 $7,725.00 $482.59 $193.83 $15,246.26 4