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Agenda 01/15/2008 Item #16D 6 Agenda Item No. 16D6 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 Edwin Santaella and Rafaela Delgado (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 9, Trail Ridge, East Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Edwin Santaella and Rafaela Delgado 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 defernlent was submitted by Edwin Santaella and Rafaela Delgado, which appligltion, after staff review, was detennined to qualify for the program. Legal status has been verified and documents are on filc at the office of Housing and H wnan 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 Chairman's signature. FISCAL IMPACT: This agreement defers $13,6]6.20 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 Edwin Santaella and Rafaela Delgado located at Lot 9, Trail Ridge, East Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Hwnan Services ~ '\. Agenda Item No. 1606 January 15, 2008 Page 2 of 5 Return to Fnall.Rllmaey CoUier CUDDty HHS 3301 E. Tamiami Tnll Napltl, Florid. l4nl File# 08-064.IF This space fur reconliDg LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this -11. day of December, 2007, between Collier County, a political subdivision of the Stale of Florida (COUNTY) and "Edwin Santaella and Rafaela Delgado" (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 County Consolidated Impact Fee Ordinance" (Ordinance). In the ~nt 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 impacl fees deferred shall be paid 10 the COUNTY in full upon: a) the sale of the dwelling unit; b) the refmancing 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 shalt 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 Exhibil "B," the amount of the deferred impact fees is Thirteen Thousand Six Hundred Sixteen and 20/100 Dollars ($13.616.20). Repaymenl 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 impacl fees shall be a tien 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. Ibis 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 witb 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 Dot cured within 30 days after written notice is provided to the OWNER, the COUNTY "' may, at its sole optio~ collect the impact fee amoWlt in default as set forth in the Ordinance, Agenda Item No. 16D6 January 15, 2003 Page 3 of 5 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 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 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 lhis Agreement on the dale and year flrsl above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk JAMES COLEITA, CHAIRMAN >>~ Pnnl Name ; ~~~"'-- ( OWNER: ft!:/if!/:; ~ OWNER: /(;';It'~ /~J10 c~rf:J' Rafa Delgado STATE OF FLORIDA) COUNTY OF COLLIER) 2007. The foregoing Agreement was acknowleg.ged be~re me this ~ day of /)(e'fl"/Y1Arf , by (,1",,,, 'x,"/Mf~4 2~/c\.(1wht"f""personally known to me or has produced as proof of identity. ~JO ~~.. MY C'IJMMTS$ION ~ ]jD~'I().'l~ ".,l.W..: '-XPIRI'S,^ulr~>I:..'<),:at() . " > . . ~ ~~ -;2 ~. .- ?"'/....... ....// Signalure of Person Taking Ac owledgmenl Appro ed to form and le ien : J-, J:) Jeffrey Chief A ,..... EXHIBIT "A" Agenda Item No. 16D6 January 15, 2008 Page 4 of 5 LEGAL DESCRIPTION r-- Lot 9, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages71 through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13316 Covenant Road, Naple., Florida 34114 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 Park. Impact Fee E. Regional Parks Impact Fee F. Educational FaciIilie. System Impact Fee G. Road Impact Fee H. Goverrnnent Buildings Impact Fee L Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES $100.59 $62.14 $368.18 $750.00 $1,659.00 $827.00 $3,731.00 $150.24 $83.05 $2,760.00 $3,125.00 $13,616.20 JAKApproved-1_'_ /. Page 1 of I Agenda Item No. 16D6 January 15, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1606 Meeting Date: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Edwin Santaella and Rafaela Delgado (Owners) for deferral of 1000/0 of Collier County impact fees for an owner~occupied affordable housing unit located at Lot 9, Trail Ridge, East Naples. 1/15/200890000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 12/21/20078:22:57 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 12/26/2007 12:32 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 12/27/200711:49 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 12/281200710:39 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12/31/20073:16 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/2120081:16 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 1/2/20082:14 PM file:/ /C:IAgendaTestIExportI98-January%20 15, %2020081 16.%20CONSENT%20AGENDA II... 1/9/2008