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Agenda 01/15/2008 Item #16D 2 Agenda Item No. 16D2 January 15, 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 Alexis Dejesus and Rebecca Dejesus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1503, North Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Alexis Dejesus and Rebecca Dejesus for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article JV 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 Alexis Dejesus and Rebecca Dejesus, which application, after staff review, was determined 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 Vista III at Heritage Bay subdivision in North Naples. 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 Attomey'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 Chainnan's signature. FISCAL IMPACT: This agreement defers $19,411.65 in impact fees. Although it is expected that the County will ultimately collect these deten'ed fees (generally upon the sale of the residence), there is no guarantee as to if. or when, this would occur. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Co lIier 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 Alexis Dejesus and Rebecca Dejesus located at Vista III at Heritage Bay, Unit 1503, North Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services ."- Agenda Item No. 1602 January 15, 2008 Page 2 of 5 Rtturnto Frank RamAey CollicrCouRtyHHS 3JOIE.Tamill..iTrail Naplcs,F1orida34112 File# 08-099-IF This space [or 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 l~y of December, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Alexis Dejesus and Rebecca Dejesus" (OWNER), colleclively 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 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 Ihe dwelling unit; c) a toss 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 Four Hundred Eleven and 65/100 Dollars ($19.411.65). 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 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 Omler, 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 within 30 days after written notice is provided to the nWNER, 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 COtJNTY 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. Agenda Item No. 1602 January 15, 2008 Page 3 of 5 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: JAMES COLETTA, CHAIRMAN , Deputy Clerk OWNER: Witnesse' ~~~~ A exis D esus Print Name ~sses ~ w1A--11 ' Prin Name LrvA-- t>J- ~r O~~ER: ~~ :b??f STATE OF FLORIDA) COUNTY OF COLLIER) The crego.ing 4gree11lent, ~'as a;t:nowledged before me this ~i,day of f}:> ('.:' ,r... Lx r , 2007, by J-e,.: I~:::". ../.i-t'" ;,."'.)~~""'~, who is personally known to me or has produced FL ~;vcr l.a ';/-nse . as proof of identity. ~ ~ /' .' '.. YI, ll~ Signature of Person Taking Acknowledgment Ie ~mm~end Appr a1. , , ~"--'- '-- '-/.~ _ ~~ J:J . M cy Krumbin , MPA Director Collier County Housing and Human Services Jeffrey Chief ~- ,,-- ~ - Agenda Item No. 1602 January 15, 2008 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION Unit 1503, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of Collier County, Florida 9051 GeITais Circle #1503, Naples, Florida 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed 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. Water System Impact Fee K. Sewer System Impact Fee $112.04 $89.82 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,411.65 TOTAL IMPACT FEES JAK Approved ~I_I_ Page 1 of 1 Agenda Item No. 16D2 January 15, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D2 Meeting Date: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Alexis Dejesus and Rebecca Dejesus (Owners) for deferral of 100% of Collier County impact fees for an owner~occupied affordable housing unit located at Vista 111 at Heritage Bay, Unit 1503, North Naples. 1/15/20089:0000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 12/20120073;22;38 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 12/2612007 12:07 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1212712007 11 :40 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 12/28/2007 10:23 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12131/20073:14 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/2/20081:02 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/2/20081 :32 PM file://C:\AgendaTest\Export\98-January%20 15, %202008\16. %20CONSENT%20AGENDA \ J... 1/9/2008