Agenda 01/15/2008 Item #16D18
Agenda Item No. 16018
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 Lazaro Rua .Jr. (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordahle housing unit located at Vista
III at Heritage Bay, Unit 1607, North Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves. and authorizes the
Chairman to sign. the attached lien agreement with Lazaro Rua Jr. for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit.
CONSJDERA T10NS: AI1icle 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 Lazaro Rua Jr., which application, after
staff review, was determined to qualify for the program. Legal status has been verified and
documents are on file at the of1ice 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 I ien 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 entcr into the Agreement. Accordingly. in kecping with recent
discussion and dircction 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 Chainnan's signature.
FISCAL IMP ACT: This agreement defers $19.411.65 in impact fees. Although it is expected
that the County will ultimately collect these defcITed 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 CONSJDERA T10NS: 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 Dcferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Lazaro Rua Jr. located at Vista 1Il at
Heritage Bay, Unit 1607, North Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-
Rtturnto
Agenda Item No. 16018
January 15, 2008
Page 2 of 5
Frank Ramsty
Colliu County IIHS
3301 E. Tamiami Trail
Naples,FloridIl34112
FiIe# 08-090-IF
This splice for reeording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this "2ofV\day of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Lazaro Rua Jr." (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
Coilier 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 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 COlNTY
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 651100 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%) ofthe 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 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 OVvNER, 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 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 maner
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
Aoenda Item No. 16D18
~ JanL;ary 15, 2008
Page 3 of 5
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above \!;Tinen.
Attest:
DWIGHT E, BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
~itn~l
pri'i11NaJn~nr:-~
~
- Rua Jr.
O\\lNER:
Print Name
STATE OF FLORIDA)
COU};TY OF COLLIER)
The foregomg Aareement was ackno\\ledged before me this Lo"fl...dayof fu.c-,.,....W
2007, by /JJ. In;L(J ~UA (j{. who is personally k110VvTI to me or has produced
PL- D'lv&fLiLe-<"\Se. as proof of identity.
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Rcc0end Appr '\a1.
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Marcy Krumbme, P A
Director
Collier County Housing and Human Services
EXHIBIT "A"
Agenda Item ~Jo. 16018
January 15, 2008
Page 4 of 5
LEGAL DESCRIPTION
Unit 1607, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43,
Pages 46 through 54 ortbe Public Records of Collier Count)', Florida
9047 Gervais Circle #1607, Naples, Florida 34120
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Lib~ary 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
1. 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
JAKApproved_1_1_
Page 1 of 1
Agenda Item No. 16018
January 15, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D18
Meeting Date:
Recommenaation that the Board of County Commissioners approves and authorizes the
Chairman 10 sign a lien agreement with Lazaro Rua Jr (Owner) for deferral of 100% of
Collier County Impact fees for an owner-occupied affordable housing unit located at Vista III
at Heritage Bay. Unit 1607 North Naples
1/15/20089:0000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
12/21120079:16:41 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
12f26/2007 4:44 PM
Approved By
Jeff Klatzkow
Assis:ant County Attorney
Date
County Attorney
County .!<ttom:.:jI omce
i2i28/Z007 11 :02 AM
Approved By
Marla Ramsey
PutJlic Servi:::es Admir1lstrator
Date
Public Services
PUblic Services Admin.
12f26!2007 4:29 PM
Approved By
OMS Coor:::inator
Applicztions Analyst
Date
Administrative Se:-vices
lnforrnaiion Technology
1/3:20028-49 AM
Approved By
Sherry Pry or
Management & Sud;}et A.naiyst
Date
County Manager's Offic.e
Office of Managem~nt & 8udget
1/'3/20089:56 AM
Approved By
James V. r,1udd
County Mam;:ger
Dz.te
Board of County
Commissioners
County Manage!-'s Office
1/.3/20085:25 PM
file://C:\AQendaTest\ExDort\98-Januarv%2015.%202008\ 16.%20CONSENT%20AGFNDA \ 1.
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