Loading...
Backup Documents 12/16/2008 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 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 omcc. The completed roulmg slip and original documents are to be forwarded to the Board Oftice 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. If the document is already complete with the 9 excention of the Chainnan's sil!nature, draw a line through routine: lines # 1 throue:h #4, comnlete 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 7f-, 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 contact 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 information is needed in the event one oflhe addressees above, inclining Sue Filson, need to crntact staff for additional or missing information. All original documents needing the BCe Chairman's signature are to he delivered to the BCC office onlv after the BCC Ilas acted to approve the item.) Name of Primary Staff Frank Ramsey, Housing Manager Phone Number 252-2336 Contact Agenda Date Item was 12/16/2008 Agenda Item Number 160 -"I Aooroved bv the BCC Type of Document Agreement Number of Original 1 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 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 fmal ne otiated contract date whichever is a licablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan'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 fOlwarding 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 BCe on 12/16/2008 and all changes made during the meeting have been incorporated in the attached docnment. The County Attorney's Office has reviewed the chan es, if a Iica ble. Yes (Initial) N/A(Not A licable) 2. 3. 4. 5. 6. ~ 7{ 7L 7f nla 7t '7t- I: Forms! County Forms/BCe Forms! Original Documents Routing Slip WWS Original 9.03 04, Revised 1.26.05, Revised 2.24.05 Return to 4244730 OR: 4415 PG: 4064 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUNTY. FL 12/24/2008 at 08:18AM DWIGHT B. BROCK. CLBRK RBC FiB 35.50 coms 4.00 Frank Ramsey Collier County HlIS 3301 E. Tamiami Trail Naples, Florida 34]]2 File# 09-048-IF Retn: CLBRK TO THB BOARD INTBROFFICB 4TH FLOOR BIT 724 0 160 9 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 "Mayra Cardenas" (OWNER), colleetively stated as the "Parties." NOW, THEREFORE, for good and valuable eonsideration, the receipt 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 Impaet Fee Ordinance" (Ordinanee). 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 occurrence of any sale or transfer of any part of the affeeted 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 Fourteen Thousand Nine Hundred Eightv Seven and 08/100 Dollars ($14.987.08). 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 exceed twenty-five pereent (25%) of the total fee amount. 5. The deferred impaet 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 OR: 4415 PG: 4065 16D 9 terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals ofimpaet 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 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 Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impaet 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 caleulated 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 exeeuted this Agreement on the date and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER C UNTY FLORIDA, Attest as to 0Ia t ,f onatur. 0111. I zJliJ/zOOf WITNESSES OR: 4415 PG: 4066 16D 9 Witnesses: .....{flC1A~i "" .iUv~ Print Name M ar+ha. Itl vara40 OWNER: ~~G~ Mayra ardenas OWNER: Witnesses: p /' t!fi~ .Iv Il-;;>-<~~,- Pri t Name /,(a....u.a t3J" 1'<-- STATE OF FLORIDA) COUNTY OF COLLIER) 2008, The foregoing AAeement was acknowledged before me this 1!:!lf1 day of IJ ~ , b~"-~ro-..~r,\;... 4.S ,who is personally ~own to me or has produced ..\ L- ..~ [') as proof of ldenlit re of Person Taking Acknowledgment [}.!OTARIAL SEAL] ~"""; VIRGINIA CANTti ~~ MY COMMISSION' 00'94425 ....:.0' EXPIRES: Sqnam". I:. :QIQ I~.NOTMY Pl,NOIIIyDlilu!lm~~ Approved as to form and legal sufficiency: Recommend Appr val: ~~ Colleen Greene Assistant County Attorney , .....Y EXHIBIT" A" *** OR: 4415 PG: 4067 *** 16D 9 LEGAL DESCRIPTION Lot 48, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Publie Records of Collier County, Florida STREET ADDRESS 3716 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correetional Facilities Impaet 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 I. Law Enforeement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 J.