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Backup Documents 12/16/2008 Item #16D 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 4 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 Oftlce 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 information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I throul!h #4, comnlete the checklist, and forward to Sue Filson Jine#5). Route to Addressee(s) Office Initials Date (List in routine order) I.Frank Ramsey Housing and Human Service 71- 12/17/08 2. Chairman Tom Henning BCC 3. 4. 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Reeords Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary conta;t is the holder oflhe original document pending Bee approval. Normally the primary contact is the person who created/prepared the exccutive summary. Primary contact infonnation is needed in the event one of the addressecs above, inclooing Sue Filson, need to cmtact staff for additional or missing infonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only aftcr 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 12/1 6/2008 Agenda Item Number 16D -if Approved by the BCC Type of Document Agreement Number of Original I Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO 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 pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties 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 ne otiated contract date whichever is a licable. "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 office within 24 hours of BCC approval. Some documents are time sensitive and require fOJwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on 12/16/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a Hcable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. 7/- "ft '":fL W '7L n/a -:f1- I: Fonns/ eounty Fonns/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4244727 OR: 4415 PG: 4052 RBCORDBD In OFFICIAL RBCORDS of COLLIBR COUNTY. FL 12/24/2008 at 08:18AM DWIGHT B. BROCK. CLBRK RBC FBB 35.50 COPIBS 4.00 Frank Ramsey Collier County MHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-040-IF Retn: CLBRK TO THB BOARD INTBROFFICE 4TH FLOOR BXT 7240 160 4 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ILt11 This Agreement is entered into this.::r.w. day of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Serge Mathurin and Michelene Mathurin" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and suffieiency 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 ofthe dwelling unit is attached as Exhibit "A." 3. The term of this Agreement is from the date set forth above until the impaet 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 effeetive date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundred Fortv Two and 46/100 Dollars ($12,442.46). 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%) ofthe 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-complianee with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall OR: 44r 6Gb 4054 terminate upon the recording of a release or satisfaction of lien in the publie records of the County. The deferrals of impaet fees and this Agreement shall run with the land, and neither the deferred impaet 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 reeord any necessary documentation evideneing 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 ealculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respeet 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 eost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest:, ': C,. DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNT. , FLORIDA, By: Attest ,IS, to , '1onatill'etoa.~o" /l.//~ /ZOOfl' , CHAIRMAN WITNESSES AS TO BOTH SIGNATURES OR: 4415 PG: 4054 160. 4 ~sseT~ // ~' 'A . (f v.:z. ~ Printl({-ame 44 ,)tide d~tf6E d~~v Serge Mathurin OWNER: /0;lt(O;(1//(Z //d )/;7/(//1'7 Michelene Mathurin STATE OF ORIDA) COUNTY OF COLLIER) 2008, Th~egOin~~ment lJ!/:t1~dge.d before me this Ji.l day of fi(jv~ by "'be.. . iu..vv.'. 0 IS personally known to me or has produced as p. off of ~:ntity. ~! [NOTARIAL SEA 1\(f1'-TF, MENDOZA . ..."",.~~,flN It 00594447 '\\~..' ;:>tjJt~t2.2010 fl.~DiIOCIlI'dMf$.eo. / Approved as to form and legal sufficieney: Recommend Approval: ~~~ Colleen Greene' Assistant County Attorney Lj arcy Krumbi e, MP A Director Collier County Housing and Human Services EXHIRIT "A" *** OR: 4415 PG: 4055 *** 160 4 LEGAL DESCRIPTION Lot 95, 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 3603 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed TOT AL IMPACT FEES $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 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