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Agenda 06/24/2008 Item #16A 1 Agenda Item No. 16A 1 June 24, 2008 Page 1 of 13 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes its Chairman to sign, a Satisfaction of Lien related to impact fees due to the cancellation of the building permit for the proposed home OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes its Chairman to sign. a Satisfaction of Lien related to impact fees due to the cancellation of the building permit for the proposed home. CONSIDERATIONS: The Immokalee Residential Impact Fee Deferral Program, which was adopted by the Board of County Commissioners on November 18. 2003, as an amendment to the Collier County Consolidated Impact Fee Ordinance (CIFO). which is codified as Chapter 74 of the Code. provided impact fee deferrals to qualified applicants within the boundaries of the Immokalee Community Redevelopment Area. The program had a sunset date of November 18. 2006, however staff continues to administer all deferrals that were executed prior to the sunset date. .~ A deferral agreement, in the amount of $8.214.82 was executed between Collier County and Raul and Elvira Lopez (qualified applicants) for the impact fees otherwise due on the subject property and a corresponding lien was also placed on the property; however. the building permit was never issued, construction did not commence and the building permit has been cancelled. FISCAL IMPACT: The original deferral agreement was intended to stand in place of the payment of impact fees; however. the building permit was cancelled before issuance when payment of the impact fees is required. No construction commenced on the property. Therefore. there is no obligation for the payment of the impact fees and the lien should be satisfied and released. GROWTH MANAGEMENT IMPACT: This request has no impact on the County's Growth Management Plan. LEGAL CONSIDERATIONS: The proposed Satisfaction of Lien was drafted by the County Attorney and is legally sufficient for Board action. - JAK RECOMMENDATION: That the Board of County Commissioners approves. and authorizes its Chairman to sign, the attached Satisfaction of Lien related to impact fees due to the cancellation of the building permit for the proposed home. Prepared by: Amy Patterson. Impact Fee and Economic Development Manager Business Management and Budget Office/COES .-- Item Number: Item Summary: Meeting Date: Page I of I Agenda Item No. 16A1 June 24, 2008 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A1 Recommendation that the Board of County Commissioners approve a Satisfaction of Lien, related to impact fees, due to the cancellation of the building permit for the proposed home, 6/24/2008 900:00 AM Prepared By Amy Patterson Community Development & Environmental Services Impact Fee Manager Date Financial Admin. & Housing 5/29/200810:31 :34 AM Approved By Jeff Klatzkow County Attorney Assistant County Attorney Date County Attorney Office 5/29/2008 11 :20 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 5/29/2008 1 :34 PM Approved By Garrett Mullee Community Development & Environmental Services Financial Operations Manager Date Financial Admin. & Housing 5/29/20083:06 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/2/20083:21 PM Approved By OMS Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 6/12/20082:22 PM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 6/13/20089:41 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/13/20086:25 PM file://C:\AgendaTest\Export\1 I 0-June%2024,%202008\ 16.%20CONSENT%20AGENDA \1... 6/18/2008 Agenda Item No. 16A1 June 24, 2008 Page 3 of 13 This instrument prepared by: Jeffrey A. Klatzkow County Attorney 3301 Tamiami Trail, East Harmon Turner Building, glh Floor Naples, Florida 34112 (239) 774.8400 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Eight Thousand Two Hundred Fourteen Dollars and Eighty Two Cents ($8,214.82), arising out of an Agreement For Deferral of 100% of Collier County Impact Fees - Immokalee Residential Impact Fee Deferral Program, dated May 4. 2006. recorded in O.R. Book 4039. Page 2634. et seq, of the Public Records of Collier County, Florida. against the following described real property, and all other real and personal property, located in Collier County. which is owned by Raul Lopez and Elvira Lopez has been satisfied in fulL Lot 15. Block C, Section 4, Township 47 South, Range 29 East, Joyce Park Subdivision, Immokalee, Collier County, Florida, recorded in Plat Book 2, Page 101, Public Records of Collier County, Florida, The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Raul Lopez and Elvira Lopez and consents to this lien being discharged of record. Dated this day of ,2008. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: , Deputy Clerk By: TOM HENNING. CHAIRMAN Prepored by: Jeffrey A. K1atzkow Asoi.laD' Conly Attorney 3301 Tamlaml TraD East Naples, FL 34112 Je4l~14 UK1ge4~~~i~' ~~~ mORDIL OmC!AL RECORDS ofJ ~cBM, FL 05/18/2006 at II:IOAK DWIGHT E. BRO ,CLERK RBC m 78.00 coms 9,00 1\. '~ ~ . V" Retn: mAllCIAL ADIII INTEROFFICE ATTR: PLORIS ROGBRS This space for recordiog AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES _ IMMOKALEE RESIDENTIAL IMPACT FEE DEFERRAL PROGRAM This Agreement for the Deferral of 100% of Impact Fees is entered into this ~day of MC1 " . 2006 by and between Collier County, a political subdivision of the State of Florida, through its Board of COlmty Commissioners. hereinafter referred to as "COUNTY." and Raul and Elvira Lopez, hereinafter referred to as "OWNER.," collectively stated as the ~'Parties." RECITALS: .- WHEREAS. Collier County Ordinance No. 2001-13. the Collier County Consolidated Impact Fee Ordinance. as amended by Ordinance No. 2003-63 and Ordinance No. 2004-25. and as it may be further amended from time to time, codified as Chapter 74 of the Code of Laws and Ordinances of Collier County Florida, hereinafter collectively referred to as "Impact Fee Ordinance." provides for deferrals of impact fees for new owner-occupied dwelling units qualifYing for the ImmokaIee Residential Impact Fee Deferral Program; and WHEREAS. OWNER has applied for a deferral of 100010 of impact fees as allowed by the Impact Fee Ordinance. and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS. the County Manager, or his designee. has reviewed the OWNER'S application and has found that it complies with the requirements for a 100010 deferral of impact fees as out1ined in the ImmokaIee Residential Impact Fee Deferral Prognun and set forth in the Impact Fee Ordinance; and WHEREAS. an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qua\i1Ying the project as eligtble for an impact fee deferral; and WHEREAS, pmsuant to Section 74-201, (e) (1) b, of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating affordable workforce housing in the specified Immokalee area Pl'lO"P_' OR: ~&J1Gin ~35A1 June 24, 2008 Page 5 of 13 NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually aclrnowledged, the Parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing Recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION, ADDRESS AND OWNERSHIP. The name of the OWNER (S). the address of the subject property and the legal description of the dwelling unit and its site plan (the "Dwelling Unit") is attached as Exhibit "A," and is incorporated by reference herein. 3. PAYMENT OF IMPACT FEES. The impact fee deferral agreement shalI stand in lieu of payment of impact fees pursuant to Section 74-202 of this Article. which impact fees would otherwise be due and payable as a prerequisite to the issuance of the Building Pemllt(s) for that Development hut for the deferral agreemenL 4. TERM, The tenn of the deferral period will continue until such time that the subject Dwelling Unit/Property is sold, transfurred, refinanced or the lien is satisfied by payment to the County of the full amount of the impact fee deferraI. Payment shall be without interest only if the Agreement has not been breached by the non-County party thereto at any time in the deferral period, but shall be subject to interest retroactively to the effective date of the agreement if the Agreement is breached by the non- County party. 5. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit of $100,000. from all sources, as set forth Section 74-201 (g) (4) and (S) in the Impact Fee Ordinance; and b. The Dwelling Unit will remain owner-occupied and the homestead of the OWNER, and any change in the stams of the occupancy or loss of homestead will constitute a breach in the agreement and impact fees will be considered to be in defuuIt and immediately due and payable. including any applicable interest, in accordance with the provisions set forth by Section 74-20 I (g) and Section 74-S0 1 of the Impact Fee Ordinance; and C. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $8214.82. as set forth in attached Exhibit "B," incorporated by reference; and d. The maximum sales price of the qualifYing development will not exceed $175.000; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER until no later than the expiration of the TERM, the OWNER further covenants and agrees to comply with the Immokalee Residential Impact Fee Deferral Program quaIification criteria detailed in Section 74-20 I (g) (S) of the Impact Fee Ordinance. p$U'-p? OR: ~~IM:N<tFiU:1 jLJ'r!e 24: ~'M'8 Page 6 of 13 during the term of this Agreement, except as to total household income not exceeding $100,000. 6. SUBSEQUENT TRANSFER; REPAYMENT. If the OWNER sells, transfers or refinances the Dwelling Unit, which is su~ect to the impact ree defurra~ at any time during the defurral term. the deferred impact fees may immediately become due and payable and may be required to be paid in full to the County within thirty (30) days or may be subject to the defuult provisions set forth in accordance Section 74-501 of the codified Impact Fee Ordinance. Neither the deferred impact fees nor the Agreement providing for the deferral of Impact fees shall be transferred, assigned, credited, encumbered, or conveyed from the property, and that the deferral of impact fees and the Agreement shall run with the lBnd; and 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of $8.214.82 as set forth in atlached Exhibit uB." This lien may be foreclosed upon in the event of defilult under this Agreement. Provided that if the OWNER is the mortgagor. the COUNTY and OWNER agree that by, and in consideration of a suitable security coIlateraI being provided by the OWNER to the COUNTY. then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior. inferior. and subordinate to eacll first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such 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. 8. RELEASE OF LIEN. Upon satisfactmy completion of this Agreement's requirements and the requirements of the Immokalee Impact Fee Deferral Program including payment of the deferred impact fees. the COUNTY shall. at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, bnt not limited to. a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon Parties to this Agreement, their heirs, successors, and assigns. The recorded agreement shall serve as an obligation to pay the deferred impact fees. The obligation shall only terminate upon the County recording in the public records of Collier County a release or full satisfaction of the lien. and that release or satisfuction will be recorded by the County upon payment to the County in full of all of the deferred impact fees; and 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County. Florida, within sixty (60) days after execution of this Agreement by the County Manager. II. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: PRap.~ ."n. :\. fJ.O?A9EBl(!illt~t)Il). 16A1. . J, ru. J~4, 2008 Page 7 of 13 a. Should the OWNER of the property: (I) filiI to comply with the qualification criteria in Section 74-20l(g) (5) of the County's Impact Fee Ordinance at any time during the term, except as to total household income not exceeding $100,000. or (2) violate any provisions of this Agreement, which then constitutes a breach in the agreement, impact fees will be considered to be in defimlt and immediately due and payable, by the OWNER, including any applicable interest, in accordance with this section and !be collection provisions set forth by Section 74-501 of this Chapter; and shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. If the non-COunty party is in a non-curable default under the Agreement, or if the defimlt is curable and the cumbie defimlt is not cured in full within thirty (30) days after written notice to do so provided to the OWNER by the County, !be Board may bring a civil action to enforce !be deferral agreement and that the Board shall be entitled to recover all fees and costs, including attorney's fees and expenses incurred by !be County in enforcing !be Agreement, plus interest, at the then maximum statutory rate for final judgments, calculated on a calendar day basis until paid in full. In the event that interest should begin to accrue because the non- County party breaches the Agreement, such interest shall accrue retroactively back to the commencement date of the respective impact fee deferral agreement. c. Should !be OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the COUNTY may bring a civil action to enforce the Agreement. d. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs. including attorney's fees. plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. p~O"p..4. OR: Am, ~m~~m - Page 8 of 13 IN WITNESS WHEREOF. the Parties have executed this Agreement on the date and year first above written. :;:;~, ~(1%1'~ lvira Lopez -E 1_1/ J 12 .D- Print Name Signed /l1an~(J I nit; /1174 Print Name ~ T2 Q,{/ [ Signed Raul Lopez MAlt?!;V, W1h)~ RO--v) Print Name Print Name ~1 loPe. 1- (>>y..e'2. ro J)~ 7- I STATE OF FLORIDA) _ COUNTY OF COLLIER) rDL ~4\'d.-,;II~-57-1(P/p-O F~1- 1-1 :J.O'7 ;;1.051 h 4'$-1 The foregoing Agreement was acknowledged before me this ~ -+" day of t"\ eo. '/--' 2006 by E~vira.Lopez an'! Raul Lopez. They Dare personally known to me or IB'have produced ~,.. ~~ as proof of identity. '. On It.vC~ )n.~ Signature of Person Taking Acknowledgment [NOTARIAL SEAL] ~i.~'(G.'j'..RET IlIt, &"'f:.t:: \~AP.';'PO.IeUC.eT.o,-reO\l'fl...:If~ "JCi~J1M'~SI0~'1 if' fJ"_;;'J.~~~" .j' F):':.:;r{:( _."'-":\~:~<- P:::io-p; OR' 4&a~d}lmem ')f<MI3A 1 . . ':l~ne"f~ ~008 Page 9 of 13 COLLIER COUNTY. FLORIDA .,(/2 ~~ JAME~ MUDD, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this k\"'-' day of ~ 2006 by James V. Mudd, County Manager. on behalf of the COUNTY, He is personally known to me. [NOTARIAL SEAL] ",g' If I, ' ~ " c~ .(, c' "'1""''-' Signature of Person Taking Acknowledgment """'IV.A""'......,.....,..,-'>,"!,,: "-", Fl..?j:' ::',('''i!RS h/~ M)~ c(..;,v:r.J:\Sh);~ ~ r:,~27962 ~ ":X!li.2".'_:.,;I.l\N9 I.ao:J~rAl.'y '>:.P<lflIfJ"'f)jliCO:\lllA.ssc<;.CO. ...,....r..f'\.I',l'oM... J:D([P Denton Baker, Director Operations Support & Housing PAUl". h OR: 403'''1G~~~6JP1~~~- Page 10 of 13 EXHmIT "A" LEGAL DESCRIPTION OWNERSHIP ADDRESS Raul Lopez and Elvira Lopez 215 7tl1 Street North. Immokalee Florida 34 I 42 Lot 15, Block C, Section 4. Township 47 South, Range 29 East. Joyce Park Subdivision, Immokalee, Collier County Florida, recorded in Plat Book 2. Page 101. Public Records of Collier County. Florida Page 7 "Av-e~-e. 82:22 P" Ili!t~Wt a !,!ho'll~ ~ ~~qti"li ~",ei.ii P.1llllIl q r1 i : I' i I l lliilllUIRO ~ ~'~I'tli ' 'uI1ill! Ilull'-1 ~ ~nl ' II tp'l ~ II ; ~lllitl i ~I :P' t i ~ . " ~ . ~ . i! ~~ ~! ~= ~ llr nl o I . i ; i . 'i1 i ~ . Bdi.d " =g~; ~ . <:; ~ ~ l-- ~ ?II ?II ~ ! I! ~ t I!! ~. ~ . w I Ii .09.n.... Agenda Item No. 16A r ._ . June 24, 2008 C>'-Bt++--'I~;jI.~~I!I>p.a';E~;=~:~~~mlS!I!';;lF:~;r.;'l~'l Page 11 of 13 , ~ ..... ~ i I '1""~imp";I!iill!!I!!iii~!jil\~~!\\i!nliPlj'ftiii 'II ,ill~t ,I\l! \1~'llml I ~il pdn Illi I i I,l' '\ . -AIIt l!lu\lt....Ey:r He ~~ ~@i . n " 0.00' d ~d a'~ . " B . ~~ ~ z~ ~ "t . n ~ d ~illt~iS~" a~ ~ .,,~ 1'2 .. l"~~ ~~_ 1i..~Vl-< g2g"'~g~~ 21;ij; iJl;~lID 5l~~ OIn;~ 1i18o ~ ~~g ~ i"'!'-l~ '^ 2"tl--< 2 g~6 ~ z",3' :IIJ ::~~ i ~~ : h ::: > ~ . Page 8 ~~ _ n \ ~ S~ O-Sl i~ I \ I w~~ .. d l'~ .~ " ~ n Il.i ,,:>!'... 'Ill - Cl ::x:l """ = <..0.: '-J:: ..." G;l "" CS". - ...~ ~!~ *** OR: 4'e~aM~e ~4~~*-** Page 12 of 13 Raul Lopez and Elvira Lopez 215 7th Street North, Immokalee Florida 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee ~ount Owed A. EMS Impact Fee $ 100.59 B. Correctional Facilities Impact Fee $ 140.97 C. Library Impact Fee $ 248.42 D. Community Parks Impact Fee $ 632.43 E. Regional Parks Impact Fee $ 631.40 F. Educational Facilities System Impact Fee $ 1,778.00 G. Road Impact Fee $ 4,489.00 H. General Government Building Impact Fee $ 194.01 TOTAL IMPACT FEES $ 8,214.82 P$I;UI":Q Agenda Item No. 16A1 June 24, 2008 Page 13of13