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Agenda 01/15/2008 Item #16D 7 Agenda Item No. 16D7 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 Michel Perez Perez and Alis Hernandez Pizat (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 30, Trail Ridge, East Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Michel Perez Perez and Alis Hernandez Pizat 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 j'ees for qualified affordable housing. Pursuant to this program, an application for deferment was submitted by Michel Perez Perez and Alis Hernandez Pizat, which application, after statl' review, was determined to qualitY 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. Aeeordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Offiee 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 $19,372.52 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 oceur. 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 COW1ty Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Michel Perez Perez and Alis Hernandez Pizat located at Lot 30, Trail Ridge, East Naples. .- PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services ... Agenda Item NO.1 D7 January 15, 2 08 Page 2 f 5 Retufnlo Frank Rt:msey Collier CoUlt)' HHS 3301 Eo Tlmiaml Trail NaplC'..Florida34111 File# 08-092-IF Tbi!spllcerorree:ording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered inlo this'j, day of December, 2007, between Collier County. a potilical subdivision of the Slate of Florida (COUNTY) and "Michel Perez Perez and Alis Hernandez Pizal" (OWNER), collectively slaled 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 tenn 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 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 impacl 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 5211 00 Dollars ($19.372.521. 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. 1ms 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 impacl fees and Ihis Agreemenl shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, Of 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 nol cured within 30 days after written notice is provided 10 the OWNER, the COUNTY I Agenda Item No. 16D7 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 inunediatety due and payable. The COUNTY shalt be entitled 10 recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximtun 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 the date and year first above written. Attest: DWIGHTE. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORlDA, By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN yt '~~~rrl/r~ OWNER: Y!-~ Micliel Perez Perez Witn}'!jses: ./J ~ ?;:/J4'/h ??tkJ Print Name 1\/ J;,v},-,-- " - "'-:07 STATE OF FLORlDA) COUNTY OF COLLIER) OWNER: !'-~ Alis Hernandez Pizat 2007, The foregoing Agreement w~ ~ckno'1-edged before me this /3 day of O~ (rffJL", , by A 1 (( tuf .f}n,.c. f .1f1~) /-de P~?~who is rf"Nnm~lJy known to me or has produced as proof of identity. '~~~-~-'-:VV"- u . ~""'^ , '. A EJO' : , , $~y,~J,g ~ '~~'1 '.or 'Xl'IRloS: Au".m '\I. 2010 Co ; ,>~,~'::"'m ,,;:.;;::;,:::,'.::':~ ? ~ ??F~' ;;}", ~, Signature of Person Taking Ac owledgment j,~ \ EXHIBIT "A" LEGAL DESCRIPTION "..-. Lot 30, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of tbe Public Records of Collier County, Florida. STREET ADDRESS 13400 Covenant Road, Naples, Florida 34I14 EXlDBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee ~ A. EMS Impacl Fee B. Correctional Facilities Impact Fee C. LibrarylrnpadcFee 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 Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JAKAppmved_J__J_ Agenda Item No. 1607 January 15, 2008 Page 4 of 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 $19,372.52 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D7 Page 1 of 1 Agenda Item No. 16D7 January 15, 2008 Page 5 of 5 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Michel Perez Perez and Alis Hernandez Pizat (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 30, Trail Ridge, East Naples 1/15/20089:0000 AM Meeting Date: Prepared By Frank Ramsey SHIP Program Coordinator Public Services Housing and Human Services 12/21/20078:28:36 AM Approved By Marcy Krumbine Director Public Services Housing & Human Services 12/26/2007 12:33 PM Approved By Marla Ramsey Public Services Administrator Public Services Public Services Admin. 12/271200711:53 AM Approved By Jeff Klatzkow Assistant County Attorney County Attorney County Attorney Office 12/28/200710:39 AM Approved By OMS Coordinator Applications Analyst Administrative Services Information Technology 12/31/20073:16 PM Approved By Michael Smykowski Management & Budget Director County Manager's Office Office of Management & Budget 1/2/20081:17 PM Approved By James V. Mudd Board of County Commissioners County Manager County Manager's Office 1/2/20082:17 PM Date Date Date Date Date Date Date file://C:\AgendaTest\Export\98-January%20 1 5,%202008\ 1 6. %20CONSENT%20AGENDA \ I... 1/9/2008