Agenda 03/11/2008 Item #16D 8
Agenda Item No. 16D8
March 11, 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 Jesus Martinez and Irma Yadira Rodriguez
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 38, Liberty Landing, ImmokaIee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Jesus Martinez and Irma Yadira Rodriguez
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 Jesus Martinez and Irma Yadira
Rodriguez, which application, after statf review, was determined to qualify for the progranl.
Legal status has been verified and documents are on file at the office of Housing and Human
Services. The property is located in the Liberty Landing subdivision in Immokalee. The
property is being developed by Habitat for Humanity of Collier County.
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 Agrcement. 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 Chaimlan's signature,
FISCAL IMPACT: This agreement defcrs $ I 2.442.46 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 it~ or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERA nONS: The proposed 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 Agrcement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Jesus Martinez and Irma Yadira
Rodriguez located at Lot 38. Liberty Landing. Immokalee,
--
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Hunlan Services
Agenda Item No. 1608
March 11, 2008
Page 2 of 5
........
Fl'lIIl.kRamtey
Collier COllnty HHS
JJOl E. Tamlaml TraU
Naplew. F10rlda 34111
File# 08-156-IF
Tbblp.ceJorreeordina:
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this L day of February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Jesus Martinez and Inna Yadira
Rodriguez" (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:
I. 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 refmancmg 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 Twelve Thousand Four
Hundred Fortv Two and 461100 Dollars ($12 442.46\. 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%) oftbe 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 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 hen 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 OWh"'ER, the COUNTY
Agenc~a item No. 1608
March 11, 2008
Page 3 of 5
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 tbe date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
TOM HENNING, CHAIRMAN
, Deputy CI erk
Witp([sses: ,') .. .'
'-1 ) Ilk' (.u:;d c
Print Name /1 } n,. ftu:. I '"t:('r,dD
OWNER:
-....
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~~. ..?--%-r-// .)
Jes Martinez ,j / -
Witnesses: #J; ,J
-i'f)tL(ti.~ , ,,;~,~
Print Name A-(. ';',. I/.,N/?
O,?,'ER
(.d1"~\{ iJ:?{l'1:,(
Irma Yadira Rodriguez
em I' ~t/y-
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing Agreement was acknowledged before me this ~ day of ~AA ~
~~~~ 1~' ,~ ' who is personally known to me or has prod'l1ed
6. 'R. d.-: '1r~ as proof ofldenoty.
0' .
)
AL
VIRGINIA CANJ'U
MY COMMISSION' DDJ94.W
,"'.::;.0' -_'2."",
....,W<<Jl'Ml' 1'I.,..,..-...-.ClD.
--.LJ
L<stJe ey A_ KJatzkow
l) - Chie ssistant County Attorney
T
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 38, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
3672 Justice Circle, Immokalee, FL 34142
EXffiBIT "B"
IMPACT FEE BREAKDOWN
Type oflmpact 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
TOTAL IMPACT FEES
JAKApprovocl--.-!-.-J_
Agenda Item No. 1608
March 11, 2008
Page 4 of 5
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1.659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.46
Page I of I
Agenda Item No. i6D8
March 11, 2008
Page5of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1608
Meeting Date:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Jesus Martinez and Irma Yadira Rodriguez (Owners)
for deferral of 100% of Collier County impact fees for an owner-occupied affor.dable housing
unrllocated at Lot 38, Liberty Landing, Immokalee
3il1/2008 90000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
2/21/2008 11 :29:02 AM
Approved By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Housing 8. Human Services
2/21/20085:56 PM
Approved By
Maria Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
2/26/2008 11 :~2 AM
Appron'd By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Atbrney Office
2/27/20084:26 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
2/28/2008 8:08 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/3120081153 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/3/2008 1 :08 PM
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