Agenda 01/15/2008 Item #16D 5
Agenda Item No, 16D5
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 Enrique Perez Santos and Maday Enriquez
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 22, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Emique Perez Santos and Maday Enriquez
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 Enrique Perez Santos and Maday
Emiquez, 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 Trail Ridge subdivision in East 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 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 ChaillTIan's signature.
FISCAL IMPACT: This agreement defers $19,372,52 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 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 Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Enrique Perez Santos and Maday
Enriquez located at Lot 22, Trail Ridge, East Naples,
.~
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Rdurntn
Agenda item No. 1j05
January 15, 2 08
Page 2 f 5
I
!
Frank Ramll'eY
Collier County HHS
3301 E. T.miaml TI'IIU
Naples, Florida 34IU
Flle# 08-066-IF
This space forrttording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
lIDs Agreement is entered into this -11- day of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Enrique Perez Santos and Maday
Enriquez" (OWNER), colleclively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideralion, the receipl 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 Connly, Florida, known as "The Collier Connly Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
sball 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 amonnt of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
sale oftbe 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 52/100 Dollars ($19372.521. 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
Connly. The deferrals of impact fees and this Agreemenl shalt 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 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
Agenda Item No. 16D5
January 15, 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 Cmmty at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year firs!
above written.
Attest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Wi ,$'I's:
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Print Name
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OWNER: ,iJ
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M Y rique1
TATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of -tx.<....n....'\b~." ,
2007, by r.'{''1,j c t tt(f/c!aV ~ who is person~l1y known to me or has produced
as proof of identity.
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Signature of Person Taking Ackn 'wledgment
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Appro
and leg
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ncy:
Recommend Approva .
h-O
. Marcy Krumbine, A
Director
Collier County Housing and Human Services
ow
ounty Attorney
-.
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 22, Trail Ridge, according to the plat thereof,
a. recorded in Plat Book 44, Page. 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13368 Coveuant Road, Naple., Florida 34114
EXHIBIT "B"
UMPACT 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 Impacl Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
L Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTALlMPACTFEES
JAKApproved.-!.-!_
Agenda Item No.1 D5
January 15, 2 08
Page 4 f 5
Amount Owed
$100.59
$62.14
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
St9,372.52
Page 1 of 1
Agenda Item No. 16D5
January 15, 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 Enrique Perez Santos and Maday Enriquez
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 22. Trail Ridge, East Naples.
1/15/200890000 AM
Meeting Date:
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
12/21/20078:16:30 AM
Approved By
Marcy Krumbine
Director
Date
PubliC Services
Housing & Human Services
12/26/200712:30 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
12/27/200711 :47 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
12128/200710:39 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
12131120073:16 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/2/20081 :16 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1 !2/2008 1 :63 PM
file://C:\AgendaTest\Export\98-January%20 15, %202008\ 16. %20CONSENT%20AGENDA \ 1... 1/9/2008