Backup Documents 12/16/2008 Item #16D 8
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUe. 6 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1
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 Olliet':o The completed rouling slip and original
documents are to be forwarded to the Board OUice 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 intonnation needed. [f the document is already complete with the
8
execntion of the Chainnan's siQnature, draw a line through routin!! lines # I throu2:h #4, comnlete the checklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
I.Frank Ramsey Housing and Human Service '-11- 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 contact is the holder of the original document pending Bee approval. NormaHy the primary contact is the person who created/prepared the executive
summary. Primary conlaet information is needed in the event one of the addressees above, inclu:hng Sue Filson, need to cmtact staffJ()r additional or missing
information. All original documents needing the BCe Chairman's signature are to hedelivercd to the BCC office only after thc 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 160 -IS"
Approved bv 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 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 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 Omcials.)
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 fmal 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 BCe 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 OUf 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.
-:r-I-
Yes
(Initial)
N/A(Not
A licable)
1fL
2.
7f-,
n/a
3.
4.
W-
5.
7f-
6.
I: Fonns/ County Fonns/ Bee Forms/ Original Documents Routing Slip WWS Origina19.03.04, Revised 126.05, Revised 2.24.05
Return to
4244729 OR: 4415 PG: 4060
RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL
12/24/2008 at 08:18AM DWIGHT B. BROCK, CLBRK
RBC FBB 35.50
coms 4.00
Frank Ramsey
Collier County HAS
3301 E. Tamiami Trail
Naples, Florida 34112
Retn:
CLBRK TO THB BOARD
INTBROFFICB 4TH FLOOR
BXT 7240
16D
8
File# 09-044-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 16th day of December, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Medel sonne Garraux and Rose G.
Garraux Gerome" (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:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinanees of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any confEct 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 impaet 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 affeeted 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 Nineteen Thousand Three
Hundred Seventv Two and 46/100 Dollars ($19,372.46). Repayment shall include any
aecrued 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
OR: 4415 PG: 0061
terminate upon the recording of a release or satisfaction of lien in the public reld90f the 8
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
eonveyed. 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 eompletion of this Agreement's requirements, COUNTY shall record
any neeessary 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 impaet 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 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
BY:-~'.
BOARD OF COUNTY COMMISSIONERS
COLLIER OUN Y, FLORIDA,
I z.J J I€ /zoo8'
Attest., to
stonature'()/l,.
TOM HE
G, CHAIRMAN
WITNESSES AS TO BOTH SIGNATURES
OR: 4415 PG: 4062
16] 8
OWNER:
Medelsonne Garraux
Witnesses:
-'? Zo~
Print Name
:2-
/ '".~
N D' ,rJU- [J'<< -
T/~/';J
.
O~R:
9i7Y /rlYf lci:J.'kJx;
Ro e G. Garraux Gerome
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of f'Juv(,JlbN ,
2008, by ~~'.f.k"'~ ~ IIv" C,,,rrLcuA, who is personally known to me or has produced
~",W. ~"N"~ as proof of identity.
$~.o"(" e. vO~
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Signature of Person Taking Acknowledgment
Approved as to form
and legal sufficiency:
Recommend Ap roval:
)
J.
-Ii
('tf)P~~
Colleen Greene
Assistant County Attorney
/ arcy Krumb ne, MP A
Director
Collier County Housing and Human Services
*** OR: 4415 PG: 4063 ***
EXHIBIT "A"
160
8
LEGAL DESCRIPTION
Lot 176, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through
77, inclusive, of the Publie Records of Collier County, Florida
STREET ADDRESS
13463 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Faeilities 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 Enforeement Impaet Fee
J. Sewer System Impact Fee
K. Water System Impact Fee
TOTAL IMP ACT FEES
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,515.00
$3,415.00
$19,372.46