The URL can be used to link to this page

Agenda 01/27/2009 Item #16D 2 Agenda Item No. 1602 January 27,2009 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agrecment with Edgar Dominguez Martin and Barbara Dominguez (Owners) for deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit located at Lot 36, Block 11, Naples Manor Lakes, East Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Edgar Dominguez Martin and Barbara Dominguez for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Edgar Dominguez Martin and Barbara Dominguez, which application, after staff review, was detennined to qualify for the program. Legal status has been verified and documents are on file at the office of Housing and Human Services. The property is located in the Naples Manor Lakes subdivision in East Naples. The property is being developed by Habitat for Humanity of Collier County. .- The ordinance requires that a lien agreement be entered into with the applicant as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualifying for impact fee deferrals for affordable housing, whichehas-o-Iong..beenthe'pract~he ordinance; however; gives the County Manager discretio1i=in=:W1H~thlll"- t~enter ihro:~tlJ:e:-:Agreemenr.~:=Acc()tdifiglY;::In; keeping'.w~e__e...e= discussion and direction by the Board, thFCotmty Attorney's Office has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairnlan's signature. FISCAL IMPACT: This agreement defers $29,948.82 in impact fees. Although it is expected that the County will ultimately collect these deferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board approval. - CMG STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for _ Owner Occupied Affordable Housing Dwelling Unit for Edgar Dominguez Martin and Barbara Dominguez located at Lot 36, Block II, Naples Manor Lakes, East Naples. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Agenda Item No. 1602 January 27,2009 Page 2 of 6 Return to Frank Ramsey CDllier County HHS 3301 E. Tamlami Trail Naples, Florida 34112 File# 09-067- IF This spact ror recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS Z9'ftt This Agreement is entered into this +';th day of January, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Edgar Dominguez Martin and Barbara Dominguez" (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: 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 shaH 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 shaH 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 Twentv Nine Thousand Nine Hundred Forty Eight and 82/100 Dollars ($29.948.82). Repayment shall include any accrued interest. Interest shaH 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 Agenda Item No. 1602 January 27, 2009 Page 3 016 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 othelWise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall othelWise 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 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. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: . . , CHAIRMAN , Deputy Clerk Agenda Item No. 1602 January 27,2009 Page 4 of 6 WITNESSES AS TO BOTH SIGNATURES Witnesse ~ Edgar Dominguez Martin Print Name Wi~~ ';2.<< ,4; . Print Name ,^ )()I/Y'O /rw- T-y. OWNER: ~I Barbara Dominguez STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this -1L- day of j)eo:,rnbt:r , 2008, by bJ.-:i-~ 'bO""'5ca-".f Bo.l~Who is person~ly ~own to me or has produced _ _ .-.-, D as proof of ldenl1ty. ,,,,,U""",,, ~..., LOR '''... [N~~~~{~':. ~..~ ........ I ! My Comm. Expir.. .~ 0 \ i : August 29. 2010 : " .. No. DO 580331 : . . . "~.....ousl.\CL... ~'C' Approved ~~.~~ and legal suffic~.. ~h~~ ~. Signature of Person aking Acknowl dgment , (f)J~~ Colleen Greene Assistant County Attorney A / arcy Krumbine, MP A Director Collier County Housing and Human Services Agenda Item No. 16D2 January 27.2009 Page 5 of 6 EXHIBIT "A" LEGAL DESCRIPTION Lot 36, Block II, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3, page 86 and 87, Public Records of Collier County, Florida. STREET ADDRESS 5301 Jennings Street, Naples, Florida 34116 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact Fee Amount Owed TOTAL IMPACT FEES $112.46 $161.00 $503.49 $1,075.25 $2,378.20 $9,026.12 $8,247.62 $796.05 $309.75 $3,722.39 $3,616.49 $29,948.82 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 J. Sewer System Impact Fee K. Water System Impact Fee Page 1 of I Agenda Item No. 16D2 January 27,2009 Page 6 of6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D2 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Edgar Dominguez Martin and Barbara Dominguez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 36, Block 11, Naples Manor Lakes, East Naples. Meeting Date: 11271200990000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 1/8/20099:26:12 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1/91200910:50 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 1/91200912:16 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 119120092:29 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1113/20095:41 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 11141200911:07 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11141200911 :25 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1114/20094:57 PM Commissioners file://C:\Agenda T est\Export\ 122-J anuary%2027, %202009\ 16. %20CONSENT%20AGEND... 1/21/2009