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Backup Documents 12/16/2008 Item #16D23 ORIT~I~t~o~~~~:~~~R~G~~;t;~~~:E~~SUS~~~~~LIP16 D 23 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Onginal documents should be hlmd delivered to the Board Office. The completed routing slip mld original documents are to be forwarded to the Hoard Oftice only after the Board has taken action on the item 'I ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or infomlation nctded If the document is already complete with the exception of the Chairman's signature. draw a line through routing lines #1 through #4, complete the checklist and li)fward to Sue Filson (linc#5). Route to Addressee(s) Offiee Initials Date (List in routine order) I.Frank Ramsey Housing and Human Service ~ 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 contrct is the holder of the original document pending IK'C approval, Normally the primary contact is the person who crealedlprepllred lhe executive summary. Primary contact information is needed in the event one Of~H: addressees above, im:looing Sue Filson. need to cmtact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee oflkc only aner the Bee has acted to approvc thc item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 12/16/2008 Agenda Item Number 16D-2b 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 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 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 exee t the BCe 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 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 BeC off;ce within 24 hours of BCC approval. Some documents are time sensitive and require forvvardillg 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 BCC on 12/t6/2008 and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan cs, if a Iicable. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. '::f,L W '1i ':tL '1( nla ~ I: Forms/ County Forms/ Bce Forms/ Original Doculllcnts Routing Slip V.,.'WS Original 9.03.04, Revised I.2fdl5, Revised 2.2405 Return to 4244718 OR: 4415 PG: 4000 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL 12/24/2008 at 08:09AM DWIGHT B, BROCK, CLBRK RBC FEE COPlBS 27.00 3.00 Frank Ramsey Collier County I1IIS 3301 E. Tamiami Trail Naples, Florida 34112 Retn. CLBRK TO THB BOARD INTEROFFICB 4TH FLOOR BXT 7240 16023 File# 09-062-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 "Jose Santos Avellaneda and Marisol Mendoza" (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sutlieiency 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 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 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 Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14,987.08), 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 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 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 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 OR: 4415 PG: 4001 may, at its sole option, collect the impact fee amount in default as set forth in le~rQn~~ 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 maximwu 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 cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHTE. BROCK, <;:Ierk BOARD OF COUNTY COMMISSIONERS COLLIE COUNT ,FLORIDA, By: A. .' ,Depu ttest, as to ChatrMt ItgAltunr OII.V.' By: It lo~ AIRMAN WITNESSES AS TO BOTH SIGNATURES Witnesses: '-{1,\0JJcla o..tu~ Print Name M-o.- ~ At"~ OWNER: ~. .,j~ "'n'J/"/H~~ ose Santos Avellaneda ~ Pri ame ~ OWNER: 11~~*=- isol Mendoza STATE OF FLORIDA) COUNTY OF COLLIER) Th~ore~in~ AgJ;ement ~ffk1;wledged before me this A day of Ai a-J , 2008, by _ ~'~I'{.who IS personally known to me or has produced as of of identity. ~ i:"'''''J. AGNES ,~~ MYCONMISSION.D~' ~.1 1!XP1RIlS,~12.20IO I on.sr 1'1. a.-u,...,o.. Si Approved as to form and legal sufficiency: ~~ Colleen Greene Assistant County Attorney Recommend App oval: v.......--~~" arey Krumbin Director ""A,,,, MPA , -.{ *** OR: 4415 PG: 4002 *** Collier County Housing and Humls9viUs 2 3 EXHIBIT "A" LEGAL DESCRIPTION Lot 51, 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 3728 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpaet Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 H. Government Building Impact Fee $450.18 1. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 J.