Agenda 10/28/2008 Item #16D26
Agenda Item No. 16026
October 28,2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Juan Barrera (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
121, Block D, Arrowhead Reserve at Lake Trafford-Phase Two, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Juan Barrera 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 Juan Barrera, which application, after
staff review, was determined 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 Arrowhead Reserve at Lake Trafford-Phase Two subdivision in Immokalee.
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The property is being developed by the applicant, Juan Barrera, as an "owner-builder" project.
Mr. Barrera is not a licensed contractor in Collier County. Mr. Barrera has submitted for
consideration information documenting his experience in the home building industry. Those
materials are attached as back-up material for review.
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, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether to enter into the Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County 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 Chairman's signature.
FISCAL IMPACT: This agreement defers $30,413.05 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 approved by the County Attorney's office
and is legally sufficient for Board action. -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 Juan Barrera located at Lot 121, Block
D, Arrowhead Reserve at Lake Trafford-Phase Two, Immokalee.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Page 1 of 1
Agenda Item No. 16026
October 28, 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D26
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Juan Barrera (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Lot 121, Block
D. Arrowhead Reserve at Lake Trafford-Phase Two, Immokalee.
Meeting Date:
10128/20089:00:00 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
10/10/200811:00:49 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/10/20085:06 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/14/200810:47 AM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
10/15/200811:45 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10116/20088:41 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/161200810:13 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
10118/20089:17 PM
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file://C:\AgendaTest\Export\ 115-0ctober%2028, %202008\ 16.%20CONSENT%20AGEN ."
1 0/22/2008
Agenda Item No. 16026
October 28, 2008
Page 3 of 8
Return to
Frank Ramsey
Collier County HIlS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 09-027- IF
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 28th day of October, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Juan Barrera" (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
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 Thirty Thousand Four
Hundred Thirteen and 05/100 Dollars ($30.413.05). 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. 16026
October 28,2008
Page 4 of 8
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
Agenda Item No. 16026
October 28, 2008
Page 5 of 8
WITNESSES
OWNER:
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OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing A eement was acknowledged before me this 2~tf1day of<::..oJ1AN1!n,o""/ ,
200~ by (( A.. , who is personally known to me ~
,..-L.. r '~ 'e... as proof of identity.
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e of Person Taking Acknowledgment
Approved as to form
and legal sufficiency:
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Colleen Greene
Assistant County Attorney
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Marcy Krumbine, MP A
Director
Collier County Housing and Human Services
Agenda Item No. 16026
October 28, 2008
Page 6 of 8
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 121, Block D, Arrowhead Reserve at Lake Trafford-Phase Two, according to the plat
recorded in Plat Book 43, pages 98 through 103, Public Records of Collier County, Florida
STREET ADDRESS
1343 Lincoln Court, Immokalee, Florida 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$137.15
$390.08
$600.16
$1,286.85
$2,847.40
$10,988.65
$12,819.55
$967.34
$375.87
$30,413.05
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
1. Law Enforcement Impact Fee
Sept 5,2008
Agenda Item No. 16026
October 28,2008
Page 7 of 8
Juan Barrera
Bach-Architect
1039 Ringo Lane
lmmokalee Fl34142
Collier County Housing Services
Attn: Frank Ramsey
This letter is to express my interest in the Impact Deferral Program. Based on my skills in
architecture and construction, I am confident of managing the construction of my home. I
developed the construction documents from preliminary to construction phase and I'm
currently finalizing contracts with sub contactor for their performance on these project.
My resume highlights my abilitylknowledge/expertise in architecture and construction
management. My Previous employer, Suffolk/Kraft a joint venture for Ave Maria gave me the
opportunity to developed a great amount of management skills in the construction field. While
at Suffolk, I was able to succeed/save money/save time/increase productivity, during
construction phases. I am capable of integrating my knowledge in construction to the practice
of architecture which I believe is critical to understand both fields in this profession.
Thank you in advance. I am excited about my project getting started. It has been a challenge
although I believe everything has come together and hopefully within a month permits will be
obtained for my home. Please do not hesitate to contact me if you have any questions. I would
be glad to review my qualifications in more detail if necessary .
Sincerely,
Juan Barrera
-';w
Juan M Barrera
Agenda Item No. 16026
October 28, 2008
Page 8 of 8
Objective
Architect I Project Management
Experience
June 2006- Jan 2008 Suffolk/Kraft Joint Venture Ave
Maria, FL
(Suffolk Core Values: Passion, Integrity, Hard Work, and Professionalism)
Assistant Project Manager
On Site Coordinator at Oratory Project.
Responsible for creating work design details from architectural drawings
to create on site shop drawings, and installations drawings through
CAD. (cone. h.c. plank, cast In place cone, and, stone layouts)
proposed details and changes, implementing alternative ideas
Developed Excellence in Building Relationship with Sub-contractors.
Suffolk Training: Expedition, Scheduling, Contract Management, LEED
2004-2006 A.M. Johnson Architect Naples, FL
Intem I Project Architect
· Designed and developed projects: Preliminary phase through
Construction Documents,
· Developed working Relation wi Contractors: (Plan Details, Building
Codes, Material Methods
1996-1998 SCSE Construction co. inc. Naples, FL
Layout Carpenter
· Worked together with other trades accomplishing supervisor's
schedules.
Form, Rough & Finish Carpentry
Education
1994-1996 Lorenzo Walker Institute of Technology
Naples, FL
· Carpentry Apprentice Program
1998 Edison Community College
Ft. Myers, FL
Drafting Design and Technical Blue Print Reading
1998-2003
Houston, TX
University Of Houston
(Gerald D. Hines College of Architecture)
· B, of Architecture
· B, of Architecture in Environmental Science
· Minor In Construction Management
Interests
Currently working on the Florida Architect Registration Exam
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