Agenda 01/15/2008 Item #16D19
Agenda Item No. 16019
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 Monique Diaz (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 1508, North Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves. and authorizes the
Chairman to sign. the allached ! icn agreement with Monique Diaz for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: AI.ticle IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact lees for qualified affordable housing. Pursuant to this
program. an application ior deferment was submitted by Monique Diaz, which application, after
staff review, was dctermined.to qualiiy iilr the program. Legal status has been vcri1ied and
documents are on file at the ollice of Housing and Human Serv;ees. The propel1y is located in
!.he Vista III at Heritage Bay ,,"bdivisio!l in Norlh ""pies.
---
fhe ordinance requires thai 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 deterral agreements wilh applicants qualif).ing tiH" impact fee deferrals fi,l' affordable
hOLlsing, 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 reeent
discussion and direction by the Board. the County AHomey's Office has determined that until
directed otherwise by the Board, these agreements he placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $19,411.65 in impact fees. A]though it is expected
that the County wi]] ultimately collect these defened fees (generally upon the sale of the
residence), there is no guarantee as to if. or when, this would OCCLlr.
GROWTH MANAGEMENT IMP ACT: 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 ofCo]lier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Defenal of 100% of Collier County Impact Fees for
Owner Occupied Affordab]e Housing Dwelling Units Monique Diaz located at Vista III at
Heritage Bay, Unit 1508, North Nap]es.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-
Agenda Item No. 16019
January 15, 2008
Page 2 of 5
Return to
FrllnkRam~y
Collier County HHS
330J E. Tamillmi Trail
:'</aples,FloridIl34112
File# 08-087-IF
Tbis~pllte for retording
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- ~y of December, 2007. between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Monique Diaz" (OV.iNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Partics agree as follows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, knov.'11 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 Exhihit "I\.
3. rhe term of this Agreement is from the date set forth above until the impact fee i:s 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 refinaQcing of the dwelling unit; c) a loss of the homestead
exemption; or d) the first OCClUTcnce 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 Four
Hundred Eleven and 65/100 Dollars ($19.411.65). Repayment shall include any accrued
interest. Interest shall be computed at the fate 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 1i~n 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 \\1th 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 othenvise 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
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 unt11 paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the O\VNER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost 10 the
COUl\TTY.
Agenda Item No. 16019
January 15, 2008
Page 3 of 5
[N WITNESS WHEREOF. the Parties have executed this Agreement on the date and year first
above Y\Titten.
''\ttest:
IJWIGHT E. BROCk Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COU'iTY. FLORIDA.
lh
By'
. Deputy' Clerk
JAMES COLETTA. CHAIRMAN
::::z~~__
Witness~ :Yl ~
PrintN~\~';j. Lu~
O\VNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this /c::;-/1day of ,Q.e.C.!1h-ir<'V
2007, by 1Y\h1! 'btf. DI <:1'-.. who is personally known to me or has produced
1=L 1:;,.( ,z-v"--""-,><:,,,, ._asproofofidentity.
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Recommend Appr val:
"
ar y Krumhine, NIP A
Director
Collier County Housing and Human Services
.A
Agenda Item No. 16019
January 15, 2008
Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
Unit 1508, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43,
Pages 46 through 54 of the Public Records of Collier Connty, Florida
9051 Gervais Circle #1508, Naples, Florida 34120
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS lmpact Fee
$J 12.04
B. Correctional Facilities Impact Fee
$89.82
$368.18
C. Library Impact Fee
D. Community Parks Impact Fee
$750.00
$1,659.00
E. Regional Parks Impact h;~e
F Educational Facilities System impact Fee
$2.862.UO
G. Road Impact Fee
$6,059.00
$410.00
H. Govenuncnt Buildings Impact Fee
I. Law Enforcement Impact Fee
$J 71.61
J. Water System Impact Fcc
K. Sewer System Impact Fee
$3,4J5.00
$3,5J5.00
$19,411.65
TOTAL IMPACT FEES
JAK Approved _1_1_
Page 1 of 1
Agenda Item No. 16019
January 15, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSION~RS
Item Number:
16019
Item Summary:
ReC:(j:n~-L:;: datk),-, tilell 1)'8 [::,12lrti u; C/unty ::::o'-r:m:ss:oners 2pprD\i2S, clllc1 3uthcnZ9S the
::hamnan :0 sign a lien agreemeil! \lVlth MC1nlque Dlaz rOwner) fo' jeTerl"a! of "1 Ooo,!, oi C:l:ller
t,';(IU;'tV !f-:-i;:,,:C:, 1f:e',o, Iy ~il-: :>\I'."""i'-Oc:c,i[")ie(J ,- 'fc:rdc1i:.I'? hcusln;1 ,Jill! ' 'c:;:o7(,:d 0'11 \f!st3 iii.,":
er:tS<iS E'.2Y :jnit i-"~i3 [',/l;-i'-, (\ja;Jiec
Meeting Date:
s":!:nt~ C<JCDO AM
Prepared By
;:~.'3_nk Rarn.'-.<.,<,/
~,; fi ;) - L<:<,~r~. .. n. .'
:Jil1('
~uoli(; Se;vrc~'3
."~il"~, ,~n( '-,,,(;2,1
2.'21/200.;:' 9:2(; :i[; ,c,.M
Approved By
~i/!8rcy Knm,;~,~n(O
".lliPC _~lr
':-'c~.'
~::'llbtic: S~~rviccs
"-i,)tL.~Ii)Ci g ~:" ~Iin, ",()r'$!,~,)S
:U26/?OO7 L1 i!. ;~-;>f;Ji
Approved By
; ,;. 1'~ y: i r~ tZ' I< C' \4
"':;~~~~i:~:
i~<.r'ii,'"
ie
(;::,unlj' j-ttcrr\ey
..cJlFh\' tic,' r,F-;
?S':;~OG 7
U3 id'Jl
Approved By
fVtarla F:;amsE:Y
Public Servjces4dmini~;trator
Date
Public Services
PubUc Sf'nttces Adrnin.
1/2/20029:43 AM
Approved By
OMB Coordinator
t,pp!ications Analyst
Date
Administrative Services
:r.formation Technolomi
'1/3/20088:50 AM
Approved By
Sherry Pryor
Management & Budget Ana!}-'st
Date
County Manager's Office
Office of Management & Budget
1/3/200810:06 AM
Approved By
James V. Mudd
CO:Jnty Manager
Date
!3oard of County
Commissioners
.
County Manager's Office
1/3/20086:58 PM
file:IIC:\AgendaTest\Export\98-Januarv%20 15. %202008\ 16.%20CONSENT%20AGENDA \ I... 119/2008