Backup Documents 12/16/2008 Item #16D25
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 0 2 5
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 b~ hand dc1ivcrl:d tolhe Board Onke. The completed routing slip and unginal
documents are to be forwarded to the Board Ollice only after the Board has taken action on the ikm.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. ]1' the document is already complete with the
exccotion of the Chairman's signature, draw a line through routinl! lines # I through #4, complete lhe cheddisc a.nd fonvard to Sue Filson (line #5).
Route to Addressee(s) Offiee Initials Date
(List in routinl1 order)
I.Frank Ramsey Housing and Human Service -71- l2/J7/08
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 contoct is the holder of dlC original document pending Bee approval, Normally the primary contact is the person who crcatedlprepan.:d the executiv'e
summary, Primary contact intormatilln is needed in th.: event one oftle addrcssecs above, including Sue Filson, need to cmtact staff for additional or missing
intormation. All original documents n.:cding the Bee Chairman's signature are to he delivered to the Bee oHlec only alier the 13CC has aeted to approve the
itcm)
Name of Primaty Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 12!16/200R Agenda [tem Number 16D '-Z5'
Annroved bv the BCC
Type of Document Agreement Number of Original I
Attached Documents Attached
l.
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 Chainnan, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includt.-:s 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
Chairman and Clerk to the Board and ossibly 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 Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final neootiated contract date whichever is a licablc.
"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 Bee office within 24 hours of uce approval.
Some documents are time sensitive and require rOlwarding to Tallahassee within a certain
time frame or the Bee's actions are nullified. Be aware of our deadlines!
The document was approved hy the BCC on 12/16/2008 and all changes made during
the meeting have been incorporated in the attached doculllent. The County Attorney's
Office has reviewed the chan cs, if a licable.
Yes
(1nitial)
N/A(Not
Ap lieable)
2.
3.
4.
5.
6.
7L
'--1L
7i-
1it
it-
n/a
I: Forms! County Forms! Bee Forms! Original Docum.:nts Routing Slip WViS Origillal 9.03,()4. Revised 1.26.05, Revised 224.05
16D25
MEMORANDUM
Date:
December 23,2008
To:
Frank Ramsey, Housing Manager
Housing & Human Services Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Impact Deferral Agreements
Enclosed please find four (4) original Impact Deferral Agreements, as
referenced above (Agenda Item #16D25 thru #16D28), which were
approved by the Board of County Commissioners on Tuesday,
December 16, 2008.
Please forward a fully executed ori!!:inal for each a!!:reement to the
Minutes and Records Department for the Board's Records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Enclosures
li1 I"l <5
Rtturn to
Frank bmKY
Collier Couaty IUIS
3301 E. Tamil..i Trail
Naples, Florida 34112
File# 09-056-IF
This space for rttording
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 "Francisco Vera and Maria Juana Vera"
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficieney 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 Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impaet Fee Ordinance"
(Ordinance). In the event of any confliet 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 impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale of the dwelling unit; b) the refmancing 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 sueh 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 "8," the amount of the deferred impact fees is Nineteen Thousand Three
Hundred Eleven and 96/100 Dollars ($19.311.96), Repayment shall include any acerued
interest. Interest shall be computed at the rate of five pereent (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 Ordinanee or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
16025
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 sha1l 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 dwe1ling 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 eured within 30 days after written notice is provided to the OWNER, the COUNTY
may, at its sole option, co1lect 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 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: ,
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
,CHAI
By:
By:
Atun II to Cha t
"g1l1tft Onl"
16D25
WITNESSES AS TO BOTH SIGNATURES
OWNER:
Witnesses:
Print Name ~ -2li""e....",.,
.4a.1I.::..~C?' d/A-
Francisco Vera
OWNER:
Wt's:;B ~-
Print Name -2V\~-,c.k. /"
fYI. ,-:;;)1'1J 1? r.. J L.h-~ CU
Maria Juana Vera
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was aeknowledged before me this ~y of {J~
2008, by ~ct~(O a...ul IJ"", j.......... v'~ 'Vroo IS 11 known to me or has produced
as proo I entity.
MY COMMISSION ~ DOII697S
EXPIRES: AupIC 21, 2012
Pl. NlltIry OU-nI AIIal:. Co.
Si
cknowledgment
Approved as to form
and legal sufficiency:
Recommend Ap oval:
C~~
Colleen Greene
Assistant County Attorney
J-.
--.0
EXHIBIT" A"
LEGAL DESCRIPTION
16n25
Lot 8, Milagro Place, aceording to the plat thereof, as recorded in Plat Book 41, Pages 89 and 90, of
the Public Reeords of Collier County, Florida.
STREET ADDRESS
329 Rose Avenue, Immokalee, Florida 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
A. EMS Impact Fee
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
TOTAL IMPACT FEES
Amount Owed
$100.59
$150.66
$460.23
$935.00
$2,068.00
$8,228.00
$6,359.00
$725.00
$285.48
$19,311.96