Backup Documents 12/16/2008 Item #16D28
16D28
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
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 hillld delivered to the Board Otlicc. The completed fOuting slip and original
documents are to be forwarded to the Board OtTice only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines#l through #4 as appropriate for additional signatures, dates, and/or intormation needed. If the document is already complete with the
exception oCthe Chairman's signature, draw a line through routing lines # I through #4, comolete the checklist, and forward to Sue Filson (line #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 conta:t is the holder oCthe original document pending liCe approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofdle addressees above, inclwing Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the Bee Chairman's signature arc to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primaty Staff Frank Ramsey, Housing Manager Phone Number 252-2336
Contact
Agenda Date Item was 12/16/2008 Agenda Item Number 16D - ZE5
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 signedlinitialed for legal sutTiciency. (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 Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCe 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 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 office within 24 hours ofBCC: 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 I
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 Iicable.
Yes
(Initial)
N/A(Not
A lieable)
2.
3.
4.
5.
6.
11-
fL.
11--
"1L
1L
o/a
I: Fonns/ County Forms/ Bee Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16D28
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 oril!inal for each al!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
16D28
Return to
Frank Ramsey
Collier County HUS
3301 E. Tamiami Trail
Napl.., florida 34HZ
File# 09-057-IF
This spa<< Cor rfCordiog
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
politieal subdivision of the State of Florida (COUNTY) and "Lueienne Larose" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the reeeipt 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 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 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 effeetive date of the transfer. As set
forth in Exhibit "B," the amount of the deferred impact fees is Nineteen Thousand Two
Hundred Ninety and 73/100 Dollars ($19.290.73). Repayment shall include any acerued
interest. Interest shall be eomputed at the rate of five percent (5%) per annum, but in no
event shall it exceed twenty-five pereent (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
16D28
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 notiee is provided to the OWNER, the COUNTY
may, at its sole option, eollect 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 eosts, 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 suecessors 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. BROC~ Clerk
~'......'
... .... ..
- -
By:. _
.." .,',D
AtteSt at....; Mc.,'
f -- ,~.""3f,...
. 9IIatur, on,.
BOARD OF COUNTY COMMISSIONERS
COLLIER UN Y, FLORIDA,
16028
WITNESSES
L
OWNER:
'i.. LIJCJ.P- h--/u>.all? ~
. Lucienne Larose
Witnesses:
OWNER:
Witnesses: ~
Print Name:Jo " )S;"'''''''P"T-
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing A~eement was acknowledged ':': me this ltf"tdaY of /}cI'Mhe/ ,
byL.MCtt.(\t1.~ o.rDS~ , w}1<flS n~own to me or has produced
~_f~
[1'!OTARlAL SEAL]
~ A. SALAZAR
MY COMMISSION' DOI1697.5
EXPIIlEs,........ 21. 2012
1.aoo.).H()'(AIty FI. N<<.y.,.,....-.. Co.
Approved as to form
and legal sufficiency:
~!?!!f::-~
Assistant County Attorney
Recommend Appr val:
vL,.n
arey Krumbine, MP A
Director
Collier County Housing and Human Services
16D28
EXlDBIT "A"
LEGAL DESCRIPTION
Lot 18, Milagro Place, according to the plat thereof, as recorded in Plat Book 41, Pages 89 and 90,
of the Public Records of Collier County, Florida.
STREET ADDRESS
466 Rose Avenue, Immokalee, Florida 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correetional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Edueational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
$100.59
$129.43
$460.23
$935.00
$2,068.00
$8,228.00
$6,359.00
$725.00
$285.48
$19,290.73
TOT AL IMPACT FEES