Agenda 12/16/2008 Item #16D 9
Agenda Item No. 16D9
December 16, 2008
Page 1 016
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Mayra Cardenas (Owncr) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
48, Liberty Landing, Immokalce.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Mayra Cardenas R,r 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 qualitied alTordable housing, Pursuant to this
program, an application for deferment was submitted by Mayra Cardenas, which application,
after staffreview, was determined to qualify for the program. Legal status has becn verified and
documents are on file at the office of Housing and Human Services. The property is located in
the Liberty Landing subdivision in I mmokalee. The property is bcing developed by Hahitat for
Humanity of Collier County,
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The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fecs, Section 74-401(3) of the Code authorizes the County Managcr to
sign deferral agreements with applicants qualitying for impact fce dcferrals for affordable
housing, which has long becn the practice. Thc ordinancc, howcver, gives thc County Manager
discretion in whether to enter into the Agrccment. Accordingly, in kecping with recent
discussion and direction by the Board. thc County Attorncy's Office has dctermined that until
directed otherwise by the Board, these agrecments bc placed on the Consent Agcnda for the
Board's review, approval and Chairman's signaturc,
FISCAL IMPACT: This agrecment defers $14,987,08 in impact fees, Although it is expected
that the County will ultimatcly collcct thcsc dcfcrred fces (gcncrally upon the sale of the
residence), thcre is no guarantec as to if, or when. this would occur.
GROWTH MANAGEMENT IMPACT: Nonc,
LEGAL CONSIDERATIONS: This itcm has been revicwed 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 rcquires majority votc only, This itcm is lcgally suflicient for Board
approval. - CMG
STAFF RECOMMENDATION: That thc Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupicd Affordable Housing Dwclling Unit for Mayra Cardenas located at Lot 48,
Liberty Landing, Immokalce.
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PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Serviccs
Agenda Item No. 1609
December 16, 2008
Page 2 01 6
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Nap.... florida 34111
FiIe# 09-048-IF
This spatt for retording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT
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),
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:
l. 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%) 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. 1609
December 16, 2008
Page 3 01 6
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
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:
, Deputy Clerk
TOM HENNING, CHAIRMAN
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Agenda Item No. 16D9
December 16, 2008
Page 4 of 6
WITNESSES
Witnesses:
'-{Y7od.J,. .J>J>>~
Print Name M ar.J+J1l. ~hla.r..do
OWNER:
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Mayra ardenas
OWNER:
Witnesses: p /'
1!i.A 1 1ft.JL/ <JI;U'~
Pri tName /,far4t..a Ifu"dL
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing AgI;,eement was acknowledged before me this J!f/dl day of N ~ ,
2008, b~...~ro.... ~,t..)I4...S , who is perso~Iy ~own to me or has produced
~ l- ~ D ~ P~O~f oflde7l ,
[tiOTARlALSEAL] ~
II!'" VIRGINIA of Person Taking Acknowledgment
...~.... MY C01IWlISION. DIl$I"~1
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Approved as to form Recommend Appr val:
and legal sufficiency:
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Colleen Greene
Assistant County Attorney
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Agenda Item No. 1609
December 16, 2008
Page 5 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 48, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records ofCoIlier County, Florida
STREET ADDRESS
3716 Justice Circle, Irnmokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$I12.46
B. Correctional Facilities Impact Fee
$66,97
C, Library Impact Fee
$402.79
D. Cornmunity Parks Impact Fee
$862,50
E, Regional Parks Impact Fee
$1,907.85
$3,139.61
$7,858.52
F, Educational Facilities System Impact Fee
G, Road Impact Fee
H, Government Building Impact Fee
$450,18
I. Law Enforcement Impact Fee
$ 186,20
TOTAL IMPACT FEES
$14,987.08
1.
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Page I of I
Agenda Item No. 1609
December 16, 2008
Page 6 016
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D9
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Mayra Cardenas (Owner) for deferral of 100% of
Collier County impact fees for an owner~occupied affordable housing unit located at Lot 48,
Liberty Landing, Immokalee
Meeting Date: 12116/20089:00.00 AM
Prepared By
Frank Ramsey SHIP Program Coordinator Date
Public Services Housing and Human Services 11125/20083:42:20 PM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human Services 11125120084:30 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 11125/20084:45 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 12/1/20089:34 AM
Approved By
OMS Coordinator Applications Analyst Date
Administrative Services Information Technology 1211/200811 :35 AM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 12/2/20082:58 PM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 1214120088:24 PM
Commissioners
file://C:\AgendaTest\Export\ 118-December%20 16,%202008\ l6,%20CONSENT%20AGE... 12/1 0/2008