Agenda 05/13/2008 Item #16D13
Agenda Item No. 16013
May 13, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of Connty Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Ramon Lopez Berovides and Florinda D. Perez
Fernandez (Owners) for deferral of 10001.. of Collier County impact fees for an owner-
occupied affordable housing unit located at Lot 33, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Ranlon Lopez Berovides and Florinda D.
Perez Fernandez 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 Ramon Lopez Berovides and Florinda
D. Perez Fernandez, which application, after staff review, was determined to qualify for the
program. Legal status has been verined and documents are on file at the omce 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, 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 qualitying 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 Off1ce has detelmined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairnlan'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 propos cd Agreement is fully consistent with the intent
and purpose of Section 74-401 of the 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 Ramon Lopez Berovides and Florinda
D. Perez Fernandez located at Lot 33, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
~turnto
Agenda Item No. 16 13
May 13, 2 08
Page 2 f 5
FnnkRlmsey
Collier County nus
33f1JE.T...iamiT...il
Naples.F1orida:W112
File# 08-1 77-IF
Thislplcrrorra:onling
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this .:2.2.. dny of April, 2008. between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Ramon Lopez Berovides and Florinda
D. Perez Fernandez" (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 COWlty 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 Nineteen Thousand Three
Hundred Seventv Two and 461100 Dollars ($19.372.46). 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 sball be a lien on tbe property described in Exhibit "A," whicb 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 \-vith 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 sball record
any necessary docli..'l1entation evidencing same.
7. In the event the O\VNER 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
,4,08iida 118m hlo, 16
J r'v~ay 13, 2
P3ge 3
13
08
f5
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 maximwn 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 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
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:
TOM HENNING, CHAIRMAN
, Deputy Clerk
Witnesses:
Yllcd-Ic. Q.(,u o-co.J,;
Print Name-h\(";\r.J..tlC"A Ivfl<c..d'tl
O~~
~
~on Lopez Berovides
OWNER{--~
I
Fernandez
STATE OF FLORIDA)
COUNTY OF COLLIER)
Florinda D~
\
\
Thc foregoing A reemoot was acknowledged before me this ;()~ay of It ~R' L ,
2008, byRA"'IS;>v'L,t.::D tl"".nk"," 0 P.:'<!L, who is personally known to me or as produced
as proof of identity.
JiJ. ~ ,-",,~..,._~
! c?'-" "\ '-',)LANDA H. HERRERA ~
',_ ~.L-t'----- :;~~I '-4Y(,OMMrsSION~DD5788~5~
_ $ ~'l-OO:::o"d' EXPIRES,J~ly27.1010 :
. .~ ~., ....'rAH FI ~'",,,,,0<,,,,,,,",A.w< Co
nature of Person Takmg Acknowledgment~ '
~A H.HERRERA
~ ~ MY COMMISSION ~ DD5mR5
f~~,~;("" ~~1'::~& L]
"V'\J'O...,.....,,""'..
{rnJe y . Klatzkow
Chie ssistant County Attorney
Rccommend App oval:
~y Krumb e, d:: ~
Director
Collicr County Housing and Human Services
Approved a..<; to form
and legal sufficiency:
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 33, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, orthe Public Records or Collier County, Florida.
STREET ADDRESS
13412 Covenant Road, Naples, Florida 34114
EXHIBIT "Boo
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
I. Law Enforcement Impact Fee
J. Sewer System Impact Fee
K. Water System Impact Fee
TOTAL IMPACT FEES
JAK Approvcd----"~'_
Agenda Item No. 16 13
May 13, 2 08
Page 4 f 5
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6.059.00
$410.00
$171.61
$3,515.00
$3,415.00
$19,372.46
Page 1 of I
Agenda Item r,o. 16013
Iday 13, 2008
Page 5 af 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
15013
Item Summary:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign. a lien agreement with Ramon Lopez Berovides and Florinda D. Perez
Fernandez (Owners) for deferral of 1 00 (/'c. of Collier County impact fees for an owner-
occupied affordable housing unit located at Lot 33, Trail Ridge, East Naples
5/13/200890000 AM
Meeting Date:
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
4/25/20081':15:10AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
4/25/20085:01 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/28/20085:05 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/29/2008 :3 :42 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/30/20088:01 AM
Approved By
Sherry Pryor
Management & Budget Ar.al}'st
Date
County Manager's Office
Office of Manag'2ment & Budget
4/30/200B 10:43 AM
Approved By
James V. Mudd
County Manager
Date
Board of C~unty
County Manager's Office
4/30/20086:26 PM
Commissioners
f1le://C:IAgendaTestIExportll 07-May%20 13,'Yo2020081 16.%20CONSENT%20AGENDAI16... 5/7/2008