Agenda 01/15/2008 Item #16D20
Agenda Ilem No. 16020
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 Luis Garcia and Judith Parra (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
nnit located at Vista III at Heritage Bay, Unit 1506, North Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves. and authorizes the
Chairman to sign. the attached lien agreement with Luis Garcia and Judith Parra for deferral of
100% of Co Ilier County impact tees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of lhe Code of Laws and Ordinances
established a program 1.0 defer impact fees tor qualiiied affordable housing. Pursuant to this
program, an application tilr deferment was submitted by Luis Garcia and Juditb Parra, which
application, after staff review, was determined to qualify l{,r the program. Legal status has been
veritied and documents are on tile at the office 0 C Housing and Human Services. rhe property is
located in the Vista III at Heritage Bay subdivision in ""rth "Japles.
,,-
The ordinance requires that a lien agreement be: entered into with the applicant as a condition of
delcrral of the impact fees. Section 74-40 I (3) of the Code authorizes the County Manager to
sign dejerral agreements with applicants qualifYing I(ll' impact fee dej'errals for am,rdable
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 detennined 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 $19,411.65 in impact fees, Although it is expected
that the County will ultimately collect these deferred tees (generally upon the sale of the.
residence), there is no guarantee as to if, or when, this would oecur.
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 Luis Garcia and Judith Parra located
at Vista 111 at Heritage Bay, Unit 1506, North Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
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Agenda Item No. 16 20
January 15, 2 08
Page 2 f 5
Return to
Frank RllJuey
Collier County nus
3301 E. Tamillwl Tun
Naples,F1oridl34112
File# 08-086-IF
Thissllllcefurruording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this~ay of December, 2007, between Collier County. a
political subdivision of the State of florida (COUNTl') and "Luis Garcia and Judith Parra"'
(OWNER). collectively stated as the "Parties."
~OW, THEREFORE, ror good and valuable consideration. the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follO\~.'s:
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 lrnpac:t Fec Ordinance"
(Ordil~~nce). In the event of any contlict with this Agreement, the terms of the Ordinance
shall apply.
'1 The legal description ofthe dwelling unit is aitached as Exhibit t'/\.
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 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 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 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. This Agreement shall operate as a lien against the clw,elling unit. The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
COWlty. The deferrals of impact fees and this Agreement shall fW1 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
Agenda Item No. 16120
January 15, 2~08
Page 3 pi 5
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, I
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 hy 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 matter
herein. and shall be binding upon the O\\-'NER'S successors and assigns in interest.
9. This Agreement shall be recorded in the official records or the Count;.' at no cost to the
COl"!TY.
IN WITNESS \\-'HEREOF, the Parties have (~xecuted this Agreement on the date and year 1"lf5t
above written.
i1.ttest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLlER CmJNTY, FLORJDA,
By.
r~y.
Deputy Clerk
JAMES COLETT"-. ClIAIRMAN
~i~~~~~
/1
)
LuisC
r
OWNER:
JUdit~~~tl Y ~~
STATE OF FLORIDA)
COUNTY OF COLLIER)
Thlfore~in~A_g~eement was "",knowledged before me this ./f1" day of ~,
2007, by :J~~~~~'}- a....n~ , who is personally known to me or has produced
FL- or i \I-t./( G~c...e-v.. LW> ____ as proof of identity.
~N'CAM
NlIc. 911II 01 ,...
., ~~'O
..~ CoIIIllIIIIlIR.DDe1m
"".?f,f.\.. bomecl8, NIIOIlII_'"
atzkow
ant County Attorney
RM~'"OA;;r .
Q~A ~ U?
c'M cy Krumbine, A
Director
Collier County Housing and Human Services
Jeffr
Chief ss
EXHIBIT "A"
I
,
Agenda Item No. 16620
January 15, 2p08
Page 4 pi 5
!
LEGAL DESCRIPTION
Unit 1506, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43,
Pages 46 through 54 of the Public Records oreollier County, Florida
9051 Gervais Circle #1506, Naples, Florida 34120
EXHIBIT "'B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
B. COlTeclionaJ Facilities Impact Fee
$112.04
$89.82
c. Library fmpact Fee
$368.18
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F, Educational Facilities System Impact Fee
$750.00
$1,659.00
$2,862.00
$6.059.00
G. Road Impact Fee
H. CJovemmcnt Buildings fmpact Fcc
$410.00
$171.61
$3,415.00
$3,515.00
$19,411.65
J. Law Enforcement Impact Fee
1. \Vater System Impact Fee
K. Sewer System fmpact Fce
TOTAL IMP ACT FEES
JAK Approved _1_1_
Page I of I
AqAnda Itel11 No. 16D20
January 15, 2008
Page 5 of ::\
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
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Date
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COlllmissioners
Coullly Man<lgN's Office
1/3/200811 :27 AM