Loading...
Backup Documents 12/16/2008 Item #16D21 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 O. 21 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 Yo the Hoard Olliec. The completed rouling slip and original documents are to be forwarded to the Hoard Oftlce only aftt'r the Hoard has taken action on the item) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional siglllitures, dales, and/or illtonnatlon needed. [1' the document is already ClllllpJelc with the exceotioll of the Chairman's sie.nature, draw a line throu!!h routing lines #1 through 114, complete the checldist, and forward to Sue Filson (lim::#5l Route to Addressee(s) Offiee Initials Date (List in routing order) I.Frank Ramsey Housing and Human Service -:f/- 12/1 7/08 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 primm)' conta::t is the holder of tllC original dncumcnt pending Bee approval. Normally the primary contact is the persnn who l,;[catcd/prepared the executive summary. Primary contact information is needed in the event one of the addressees nbovc. incluling Sue Filson, need to cllltact stalTfm additional Of missing information. All original documents needing t.he BCe Chairman 's signature afC to hI,' delivered to till.: HCC ufncc only afh:r the BCe has acted to approve the item,) Name of Primary Staff Frank Ramsey, l'lousing Manager Phone Number 252-2336 Contact Agenda Date Item was 12/16/2008 Agenda Item Number 160-.2-1 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 date. 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 bcen fully executed hy all parties exceptthc BeC Chainnan and Clerk to the Board and ossibl State Omcials.) All handwritten strike~through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chaimlan 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 Jotiated contract date whichever is a) Iicable. "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 arc 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 certain time frame or the BCC's actions are nullified. Be aware of our deadlines~ The document was approved by the Bee 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 chao es, if a Iicablc. Yes (Initial) N/^(Not Applicable) 2. 3. 4. 5. 6. '1i- t .'#- W n/a '4L 16'- I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 12(J,(15. R.:vis.:d 2.2405 Return to 4244716 OR: 4415 PG: 3994 RBCORDED in OFFICIAL RBCORDS of COLLIBR COUNTY, FI 1212412008 at OB:09AN DWIGHT B, BROCK. CLBRK RBC FEE 27.00 COPIBS 3.00 "'rank Ramsey Collier County "US 3301 E. Tamiami Trail Naples, }'Iorida 34112 Retn. CLBRK TO THB BOARD INTEROFFICE 4TH FLOOR EXT 7240 16D21 File# 09-063-IF This spaee 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 "Ignacio Zaragoza and Maria Zaragoza Benitez" (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: 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 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%) ofthe 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: 39i5 16 DZl 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 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. BROeK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FLORIDA, Attest., ~,Clla f If9/latureo;. ,. WITNESSES AS TO BOTH SIGNATURES Witnesses: ':J)lactiD. QW~ PrintNameM.O.#lO. A\IIQ(~ OWNER: \CfY\rlC"O ?OfO '5 o-Z 11 Ignacio Zaragoza Witnesses: cO~ ~*~ Print Name:) 00.1'(0. OWNER: tv' 0.'(' \0.. Ln.t'o.'f01'l2 13el1l-k-z.. Maria Zaragoza Bemtez STATE OF FLORIDA) COUNTY OF COLLIER) 2008, owledged before me this JL day of _~ \S\) . , who is personally known to me or has produced proof of identity. I [NOTARIAL SEAL] 4'1"'"' AGNES MENDOZA ~ MY COMMISSION' DDl94447 "\;~~ EXPIRES S<pl<nM 12. 2010 I-&OO-J.NOTARV FI.NOW)'DiNlunl~Co. Approve as 0 and legal sutlieieney: ~~ Reeopunend Approval: Colleen Greene Assistant County Attorney C~_A_A arey Krumbin , Director J-, PA ........I *** OR: 4415 PG: 3996 *** 16021 Collier County Housing and Human Services I ~ .~ EXHIBIT "A" LEGAL DESCRIPTION Lot 52, 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 3732 Justice Circle, Irnmokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impaet 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 I. Law Enforcement Impact Fee $186.20 TOTAL IMPACT FEES $14,987.08 J.