Backup Documents 01/27/2009 Item #16D 2
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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 thl.: [3oard Office The completed fOuting slip and llriginal
documents are to be forwarded to the Board Oflice 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 infonnatlon needed. If {he document is already complete with the
exception oflhe Chairman's signature, draw a line through routing lines # 1 throujifl #4, complete the checklist, and forward to Sue Filson (line #5)
Route to Addressee(s) Office Initials Date
(List in routinlZ. order)
I.Frank Ramsey Housing and Human Service "11- 1/27/09
2. Chairman Donna Fiala 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 the holder of the original document pending 13CC approval. Normally the primary contact is the person who createdfprepared the executive
summary. Primary contact information is needed in the event one of dlC addressees above, incltuing Sue Filson, need to cmtact slatl for additional or missing
information. All original documents needing thc Bee Chairman's signature are to be delivered to the 13CC office only aftcr the Bee has acted to approve the
item.)
Name of Primary Staff
Contact
Agenda Date Item was 01/27/2009
A roved b the BCC
Type of Document
Attached
Frank Ramsey. Housing Manager
Phone Number
252-2336
160-2
Yes
(Initial)
N/A(Not
A iicable)
Agenda Item Number
A reement
Number of Original
Documents Attached
nla
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicabie column, whichever is
a ro riate.
Original document has been signedlinitialed for legai 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 pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and ossibi State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attomey's
Office and all other arties exce t the BCC Chairman and the Clerk to the Goard
The Chairman's signature line date has been entered as the date ofBCC approvai of the
document or the final ne 'otiated contract date whichever is a Jicable.
"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 oftice within 24 hours of Bce 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 of our deadlines!
The document was approved by tbe Bee on 01/27/2009 and all changes mudc during
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
71-
71'(/
2.
3.
4.
5.
6.
I: Forms/ County Forms! BCC Fanns! Original Document'i Routing Slip WWS Original 9.03.04, Rrvised 1.26,05, Revised 2.24,05
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Return to
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Frank Ramsey
Collier County "HS
3301 E. Tamiami Trail
Naples. Florida 34 t 12
File# 09-067-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
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This Agreement is entered into this ~th day of January, 2009, between Collier County, a
political subdivision of Ihe State of Florida (COUNTY) and "Edgar Dominguez Martin and Barbara
Dominguez" (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 lerm 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 Ihe 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
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not later then the closing of the sale, or not later then the effective date of the lransfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Twentv Nine Thousand Nine
Hundred Fortv Eight and 82/100 Dollars ($29,948.82). Repaymenl 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 wilh this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
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tenninate 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
may, al 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 slalutory rale for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement belween 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:
DWIQMn:.'BM1cK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
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WITNESSES AS TO BOTH SIGNATURES
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Edgar Dominguez Martin
Witnesse
Print Name
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Pnnt Name ,A lelt"-'O Irv,r T "7'
OWNER:
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Barbara Dominguez
STATE OF FLORIDA)
COUNTY OF COLLIER)
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The foregoing Agreement was acknowledged before me this --LL-- day of j)ecr!'m!Xf ,
2008, by g~Q ( bo Mlt\:\Ca!.\.f 1?,o.l~Who is personally known to me or has produced
_:.1.- --;-,P . as proof of identity.
arcy Krumbine, MP A
Director
Collier County Housing and Human Services
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! : My Comm. E,pir.. : J
i . Augu't 29. 2010 :
1 \ No. 00 59033. :
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Approved a~"t~ 'F':Oq.~
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and legal SUffiCl~~"'''''
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Signature of Person akmg Acknowledgment
RecoI}1111end Appro al:
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Colleen Greene
Assistant County Attorney
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EXHIBIT "A"
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LEGAL DESCRIPTION
Lot 36, Block II, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3,
page 86 and 87, Public Records of Collier County, Florida.
STREET ADDRESS
5301 Jennings Street, Naples, Florida 34116
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
Amount Owed
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 Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Sewer System Impact Fee
K. Water System Impact Fee
TOT AL IMP ACT FEES
$112.46
$161.00
$503.49
$1,075.25
$2,378.20
$9,026.12
$8,247.62
$796.05
$309.75
$3,722.39
$3,616.49
$29,948.82