Backup Documents 12/16/2008 Item #16D20
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIpt 6 D 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. 0
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be h,md delivered to tile Board Oflkc. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taJ'a~n 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
. rth Ch . ,. d r th h . I. #
exceptIOn 0 e airman S SI.lZ.nature, fawa me rougn routmg llIles 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 #- 12117/08
2. Chairman Tom Henning BCC
3.
4.
5. Sue Filson, Executive Manager Board of County Commissioners
6. Minutes and Reeords Clerk of Court's Offiee
PRIMARY CONTACT INFORMATION
(The primary conta::t is the holder of the original document pending Bee approval. Normally Ih" primary contact is the person who ert:atedlprepared the executive
summary. Primary contact information is needed in the event one of the addn:sst=es above, inclooing Sue Filson, need to Cllltact statTfor additional or missing
information. All original documents needing the Bee Chairman's signature are to be ddivcrcd 10 the HCC oftke only atkr 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 12/1612008 Agenda Item Number 16D - to
Approved by the BCC
Type of Document Agreement Number of Original I
Attached Documents Attached
1.
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 revie\ved 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 cxceptthe 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 exec t the BCC Chainnan and the Clerk to the Board
The Chainnan'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 lieable.
"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 forwarding to Tallahassee within a cet1ain
time frame or the Bee's actions are nullified. Be aware of 'our deadlines!
The document was approved by the BCC on 12/1612008 and all changes made dnring
the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
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I: Forms/ County Fonns/ BCe Forms! Original Documents Routing Slip WWS OriginaI9.0J04, Revised 1.26,()5, Revised 2,24.05
Return to
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RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY, P1
12/24/2008 at 08:09AM DWIGHT B. BROCK, CLBRK
RBC FBB
CORIBS
35.50
1.00
Frank Ramsey
Collier County "US
3301 E. Tamiami Trail
Naples. Florida 34112
File# 09-060-IF
Retn
CLBRK TO THB BOARD
INTEROPFICB ITH FLOOR
BXT 7240
16D20
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 "Frantz Desgrottes and Rolande
Desgrottes" (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 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 effective date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Seventy Two and 46/100 Dollars ($19,372.46). Repayment shall include any
accrued interest. Interest shall be eomputed at the rate of five percent (5%) per annum, but in
no event shall it exeeed 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: 3991
"\~
. h d' fl' f" f I' . h bII 6 Dd ')Q''''
termmate upon t e recor mg 0 a re ease or salis aclion 0 ten m t e pu tC recor s'1rf e
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 doeumentation evidencing 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 notiee 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 reeover
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 eost 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 COUNTY, FLORIDA,
, . . .\ <~ .,.
Atttlt altoCh.1'
.t~,~~,,"
B
I z.,/ IlJh#8
AIRMAN
OR: 4415 PG: 3992
WITNESSES AS TO BOTH SIGNATURES
1602_
Witnesses:
OWNER:
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Frantz sgrottes
Print Name
Witnesses:
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Print Name I 0' ""-u. \.0. c
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OWNER:
f)fA5~ R~
Rolande Desgrottes
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoi~ Agreement was acknowledged before me this ~ day of tJ 0 J em b< y- ,
Tt~lI\ \0.....0 ( . .
2008, by.l)v")S'c I" ~. "y"tjp , who IS personally known to me or has produced
T L- .LD as proof of identity.
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and legal suflmll!H~y~
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Signature of Person Taking Acknowledgment
~~
Colleen Greene
Assistant County Attorney
I::r~
cy Krumbin PA
J
Director
Collier County Housing and Human Services
EXHIBIT "A"
*** OR: 4415 PG: ~~3 ***
16D201
LEGAL DESCRIPTION
Lot 138, 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
13458 Gemmer Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correetional Facilities Impact Fee
C. Library Impaet Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Faeilities 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
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