Agenda 09/09-10/2008 Item #16D25
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Recommendation that the Board of County Commissioners apJ3r~ . e
- Chairman to sign, a lien agreement with Jose Lazaro Diaz and Marile Pajon (Owners) for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot
133, Trail Ridge, East Naples.
Prepared By:
Department
Housing and Human Services
Date
8/7/2008 10:50:06 AM
Approved By:
Department Approval
Public Services Approved
Date
8/20/2008 3:18 PM
Approved By:
Department
Approval
Date
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County Approved
Manager's Office
8/21/20081:17 PM
ATTACHMENTS:
Name:
C Executive Summary -
Owner.doc
Description:
Type:
Diaz IFD - Executive Summary
Executive Summary
C Lazaro Diaz...Ag.reement.&dJ Diaz IFD - Agreement
Exhibit
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EXECUTIVE SUMMARY
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Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Jose Lazaro Diaz and Marile Pajon (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 133, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Jose Lazaro Diaz and MariJe Pajon 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 defennent was submitted by Jose Lazaro Diaz and Marile Pajon,
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 Trail Ridge subdivision in East Naples. The property is being
developed by Habitat 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 fees. Section 74-40 1(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 detennined 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 $19,372.46 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: The Agreement has been approved for legal sufficiency. It is
ready for Board consideration and approval. CG
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 Jose Lazaro Diaz and Marile Pajon
located at Lot 133, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
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FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS I
This Agreement is entered into this ~ day of September, 2008, between Collier County, a I
political subdivision of the State of Florida (COUNTY) and "Jose Lazaro Diaz and Marlle Pajon" I
(OWNER), collectively stated as the "Parties,"
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of i
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
shaIl apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The tenn 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 fuIl 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 Nineteen Thousand Three
Hundred Seventv Two and 46/100 Dollars ($19372.46). Repayment shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annwn, 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
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 othenvise
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
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may,.t its ~ole option, collect the impact fee amount in default as set forth in .the Ordinant, '.~-lceR fadr 1
or bnng a CIVIl acllon to enforce this Agreement, or declare that the deferred Impact fees are. "F./.!.t5 B
then in default and immediately due and payable. The COUNTY shall be entItled to recoverk ~",-;.~~----..-._---- -
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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. Tbis 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
WITNESSES AS TO BOrn SIGNATURES
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OWNER:
Jose L~
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OWNER:
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Marile P ~
Pnnt Name
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STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this 8.~ day of
2008, by \"'''' [ . \l,r. 7 ~ ~lc" .1, t:.l"" who is personally known to me or
as proof of identity.
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has roduced
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cknowledgment
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EXHIBIT "A"
LEGltL DESCRIPTION
Lot 133, Trail Ridge, according to tbe plat tbereof,
a. recorded in Plat Book 44, Page. 71 tbrougb 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13422 Gemmer Road, Naples, FL 34114
EXHffiIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
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
1. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
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Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
$19,372.46