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Backup Documents 12/16/2008 Item #16D17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 17 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 Oft'icc. The completed routing slip and original documents are to be forwarded to the Board Office 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 infonnation needed. lfthe document is already complete with the exception of the Chainnan's signature, draw a line throul!;h routing lines #1 through #4, complete 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 -=ft- 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 conta:t is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one ofdle address~:es above, incJlIling Sue Filson, need to c01tact staff for additional or missing information. All original documents needing the Bee Chainnan's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date [tern was 12/16/2008 Agenda [tern Number 16D -11 Approved by the BCC Type of Document Agreement Number of Original I Attached Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Ves 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 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 Chainnan 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 Chainnan and the Clerk to the Board The Chainnan' s signature line date has been entered as the date of BCC approval of the document or the fmalne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's si ature and initials are re uired. [n 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 our deadlines! The document was approved by the Bee 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 Ii cable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. tI- nla 7i 7-t. 7t- ~ f: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Return to 4244738 OR: 4415 PG: 4096 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, FL 12/24/2008 at 08:18AM DWIGHT B. BROCK, CLBRK RBC FEE coms 35.50 4.00 Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-052-IF Retn: CLBRK TO THB BOARD 1 6 0 17 INTBROFFICI 4TH FLOOR ... lIT 1240 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 16th day of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Mario Diaz Lujan and Jael Avalos Perez" (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 ofthe Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any contliet with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwelling unit is attaehed 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 oceurrence 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 Nineteen Thousand Three Hundred Seventv Two and 46/100 Dollars ($19,372.46). 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%) of the total fee amount. 5. The deferred impact fees shall be a lien on the property deseribed in Exhibit "A," whieh 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: 4097 16D17 terminate 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 neeessary documentation evideneing same. 7. In the event the OWNER is in default under the Ordinanee 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 Ordinanee, or bring a eivil 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 eosts, ineurred 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 ollicial records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have exeeuted this Agreement on the date and year first above written. Attest:" ., , , DWIQHt E. B'Rb~K, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNT ,FLORIDA, By:; Attest as 'to ~'I "gnatln_...- I Lit" /z.c0f' HAIRMAN OR: 4415 PG: 409B 16D 17 WITNESSES AS TO BOTH SIGNATURES OWNER: M~Z Lujan ~es~S:0 . 1/ J (i)).v.tf)..u.-<2. .~ 7YO,.()1(.~" Print Name . me..tAfl4.. OWNER: '~l *d~ ' J ael Avalos Perez STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was aekno~ledged before me this ~ day of IUiJutf'I be ( 2008, by l\lJI\' '. \), 0.? \..-..".,", .l.. \ J\ who is personally known to me or has produced . v'- ...J;:. D as proof of identity. \\,,,uh'''''1I; ~,"\\... LOA.... ...,..... ~'^-~..O.'rA;.... ..)--~...... ~~-..~ ""p'.~~1:. Ij~,[ARIAL SE~",r" =- : My Comm, Expires ~ C:ii = : August 29. 2010: : 'i .. No. DO 590338: i ~ .. .. ;:: ~\P>:"..PUBL\~'" ~T.I "'"AI})::. '" ..' O~o";;,,,.:' Approved ~~o\i)J1fflfi~,'\'\\' and legal sufficiency: . l /~~~ ~- 4~ Signature of Person Taking AcknoWfedgment Recommend Approval: (I~~ Colleen Greene Assistant County Attorney Co- -P rcy Krumbine, Director Collier County Housing and Human Services EXHIBIT "A" *** OR: 4415 PG: 4099 *** 16017 LEGAL DESCRIPTION Lot 171, Trail Ridge, aeeording 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 13439 Covenant Road, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impaet Fee Amount Owed G. Road Impact Fee $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 B. Correctional Facilities Impact Fee C. Library Impaet Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impaet Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Sewer System Impact Fee K. Water System Impaet Fee TOTAL IMPACT FEES $19,372.46