Agenda 01/15/2008 Item #16D15
Agenda Item No" 16015
January 15, 2008
Page 1 of 5
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Felipe Aguila Lopez and Lidia Najarro Bernal
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 24, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Felipe Aguila Lopez and Lidia Najarro
Bernal 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 Felipe Aguila Lopez and Lidia Najarro
Bernal, 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 tees. Section 74-40 I (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 $19.372.52 in impact fees. Although it is expected
that the County will ultimately collect these deterred 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 CONSIDERA nONS: 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 RECOMMENDA nON: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for DefelTal of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Felipe Aguila Lopez and Lidia
Najarro Bernal located at Lot 24, Trail Ridge, East Naples.
---
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Ret.n1to
Agenda Item No. 16D15
January 15, 2008
Page 2 of 5
FraDkRamle)'
Collier County (IUS
3301 E. Tamiami Trail
~.ples, Florida 34111;
File# 08-094-IF
Thillpaterorruordiog
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this fl... day of December, 2007, between Collier County, a
polilical subdivision of the Slate of Florida (COUNTY) and "Felipe Aguila Lopez and Lidia Najarro
Bernal" (OWNER), collectively Slaled as Ihe "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 wlit is attached as Exhibit nA."
3. The term oftrus 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 Joss 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 Seven!v Two and 52/100 Dollars 1$19.372.52). Repaymenl shall include any
accrued interest. Interest shall be computed at the rate of five percent (5%) per annwn, but in
no event shall it exceed twentYMfive 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
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 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
Aoenda Item No. 16D15
~ Januacy '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 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 this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Cterk
JAMES COLETTA, CHAIRMAN
ytnes~es: ---;). '~' I
(~ f\ h 7b~''<./G
Print Name t "'t&~ 1\' fIc" Ir~-,,"Ic
OWNdI
Felipe Aguila Lopez
OWNER:
~!t~ses:
(:,) /-t))/k_
Print Name
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fV.),.Y\..U. Q'L< I fA'
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Lidia Najarro Bernal
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this ~ day of /)f:Crif} ~r'{ ,
2007, by VQ\; f' ~.I 4- L,I;" t-.\ P, , who i& personally known to me or has produced
as proof of identity.
[NOTARIAL SEAL]
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Signature of Person Taking Acknowtedgrnent
Ap ve as form
and
mend App oval:
?---- '"l -.-/
arcy Krumbm , MP A
Director
Collier County Housing and Human Services
EXHIBIT "A"
LEGAL DESCRIPTION
r--
Lot 24, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, urtbe Public Records oreollier County, Florida.
STREET ADDRESS
13376 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
(
A. EMS Impacl Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Rcgional 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 Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAKApprovcd-l-1_
(
Agenda Item No. 16D15
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
$t9,372.52
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D15
Page 1 of 1
Agenda Item No. 16D15
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 Felipe Aguila Lopez and Lidia Najarro Bernal
(Owners) for deferral of 100% of Collier County Impact fees for an owner-occupied affordable
hOUSing unit located at Lot 24 Trail Ridge. East Naples
1/15/2008 90000 AM
Prepared By
Frank Ramsey
Public Services
SHIP Program Coordinator
Housing and Human Services
Date
12/21!2007 9:03:07 AM
Approved By
Marcy Krumbine
Public Sentices
Director
Housing & Human Services
Date
12/26/20074:34 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/28/200710:42 AM
Approved By
Mar~a Ramsey
Public Services
Public Services Administrator
Public Sf.'rvices Admin.
Date
12/28/2007 11 :48 AM
Approved By
OMS Coordinator
Administrative Services
App1ications Analyst
Information Technology
Date
1/3/2008 8:44 AM
Approved By
Sherry Pry or
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
Date
1/3/20089:41 AM
Approved By
James v. Mudd
Beard of County
Commissioners
County flllanager
County Manager's Office
Date
1/312008 11 :44 AM
file:/ /C:IAgendaTestIExportI98-January%2015, %2020081 16.%20CONSENT%20AGENDA 11... 1/9/2008