Agenda 05/13/2008 Item #16D 5
Agenda Item No. 16D5
May 13, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Gene Silguero and Jennifer Silguero (Owners)
for deferral of 100% of Collier County impact fees for an owner-occupied affordahle
housing unit located at New Market Subdivision, Block 19, Lot 5, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Gene Silguero and Jennifer Silguero 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 subrnitted by Gene Silguero and Jennifer Silguero,
which application, after staff revicw, was detcrmined 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 New Market subdivision in lmmokalee. The property is being
developed by GMC Home Builders, Inc.
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 Chaim1an's signature.
FISCAL IMPACT: This agreement defers $23,351.64 in impact fees. Although it is expected
that the County will ultimately collect these defcITcd fecs (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 proposed Agreemcnt is fully consistent with the intent
and purpose of Section 74-401 ofthe Code of Laws and Ordinances of Collier County,
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 Units for Gene Silguero and Jennifer Silguero
located at New Market Subdivision, Block 19, Lot 5, Immokalee,
~-,
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Return 10
Agenda lIem ~'O. 16D5
May 13, 2008
Page 2 of 5
FnnkRamscy
Collier Count}' HUS
3301 E. Tamiami Trail
Naplu,F1orida34nZ
File# 08-056-1F
This 'pace 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 q ~day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Gene Silguero and Jennifer Silguero"
(OWNER), collectively stated as the "Parties:'
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which)s 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 Twentv Three Thousand
Three Hundred Fiftv One and 641100 Dollars ($23.351.64). Repayment shall include any
accrued interest. Interest shall be computed at the rate offive percent (5%) per annum, but in
no event shall it exceed twenty-five percent (25%) of the total fee amormt.
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
tenninate 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 otherv.rise
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 O\VNER is in default under the Ordinance or this Agreement, and the default
is not cured \>"ithin 30 days after \\-Tittcn 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 rnaximwn statutory rate for judgments calculated on
a calendar year basis until paid.
g. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the O\VNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
:~<Jenda item No. 16D5
f\1ay 13, 2008
Page 3 of 5
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above 'Nritten.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA,
By:
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
Wit~
Print 'am Ifu;tlC ~w&b.4-
OWNER: ~
Ge~
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Print Name l:s r 1l.1{
STATE OF FLORIDA)
COUNTY OF COLLIER)
ThN ~o~~g~jr:g Agr emen~ was ac. k..n. o'vvledged before me this ~{"V\ day of 4(J' I ,
2008, by~ ' . \ \ 0 .' who is personally knovm to me or Has produced
"f\.-' '__~ as proof of identity.
G): USA N. ClAM
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Sign ture of Person Taking Acknowledgment
Recommend Appro 'a!:
b Jeffr y A. Klatzkow
U Chie ssistant County Attorney
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A
.Agenda Item No. 16D5
May 13, 2008
Page 4 of 5
EXHIBIT ~'A"
LEGAL DESCRIPTION
New Market Subdivision, Block 19, Lot 5, Collier County, Florida
Street Address
509 Madison Avenue West, lmmokalee, Florida 34142
EXHIBIT "8"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
TOTAL IMPACT FEES
$112.04
$219.80
$506.25
$1,027.00
$2,272.00
$9,206.00
$8,884.00
$807.00
$317.55
$23,351.64
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
JAKApproved_I_I_
Page I of I
/\~enda Item No. 1605
~ L1ay 13, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1605
Item Summary:
Recommendation that the Board of County Commissioners approves. and authorizes the
Chairman to sign, a lien agreement with Gene Silguero and Jennifer Silguero (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at New Market Subdivision, Block 19, Lot 5. Immokalee.
Meeting Date:
5/13/200890000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
4/23/20084:13:31 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
4/24/20085:06 PM
Approved By
Marla Ramsey
Public Servk:es Administrator
Date
Public Services
Public Services Admin.
4/25/20083:15 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's omce
Office of Management & Budget
4/28/2008 10:28 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
412812008 5:02 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/28/20085:30 PM
Approved By
James V. Mudd
County Manager
Date
Board of Countj
Commissioners
County Manager's Office
4/30/2008 5 :44 PM
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