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Agenda 01/15/2008 Item #16D21 Agenda Item No. 16021 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 Kathy Hernandez (Owner) for deferral of 10001., of Collier County impact fees for an owner-occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1605, North Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agrecment with Kathy Hemandez tClr deferral of IOO%. of Collier County impact fees lor an owner-occupied aft(>njahle housing unit CONSIDERATIONS: Al1icle IV of Chapler 74 of the Code of Laws and Ordinances established a program to defer impact fees Ii)!" qualified aflordable housing. Pursuant to this program, an application lor deferment was suhmitted by Kathy Hernandez. which application, aileI' stalfrevi.ew. was determined 10 qualilY Ic)r lhe program, Legal status has been verilied and documents are on tile at the omc" of I lousing and Human Services. The properly is located in the Vista ][j at Heritage Bay subdivision in '\iorih ~iaplcc;. - The ordinance requires that a lien agreement be entered into with the applicant as a condition of defen'al of the impact lees. Section 74-40 I (3) of the Code authorizes the County Manager to sign deferral agreements with applicants qualitying tilr impact iee deferrals lor aflDrdable housing, which has long been the practice. The ordinance, however, gives the County Manager discretion in whether to enler 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 fClr 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 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 CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 ofthe 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 Kathy Hernandez located at Vista III at Heritage Bay, Unit 1605, North Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services ---- Return to Agenda Item No. 16021 January 15, 2008 Page 2 of 5 FrankRllrIlsc)' CoUicr County HHS 1301 E. Tllmia.mi Trail Naplcl,Florlda34112 FiIe# 08-088-IF Thisspltceforrrcording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1 tt 11Jay of December. 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Kathy Hernandez" (O\VNER), 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: This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, knovl'1l as "The Collier County Consolidated Impact Fee Ordinance'. (Ordinance). In the evcnt.__pf any conflict with this Agreement, the terms of the Ordinance shall apply. The legal description of the dwelling unit is attached as Exhibit "A." , 1. The term ofLhis 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 651100 Dotlars ($19.411.65). Repayment shatl 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 theuwelling 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 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 COtJNTY shall be entitled to recover all fees and costs, including attorney's fee and cOSH;, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximmn statutory rate for judgments cakulatcd on a calendar year basis until paid. 8. This Agreement is the sole agreement hetween the parties with respect to the subject matter herein, and shall be binding upon the O\VNER'S successors and assign.s in interest. 9. This Agreement shaH be recorded in the official records of the County at no cost to the COU"iTY. Agenda Ilem No. 16021 January 15, 2008 Page 3 of 5 IN WITNESS WHEREOF, the Parties have executed this Agrct:menl on the date and year first ahove written. Attest: DW!Cil.n E. BROCK. Cicrk BOARD Of COUNTY COMMISSIONERS COl.LIER COUNTY, FLOR1DA, Bv By: Deputy Clerk .TAMES COLE"!"IA. nl;\IR:"lA~ Witnesses: ~';ih(N:4~~~- OY'NER: /y:{)t!,_,~~~ :/k-a~tdez J OWNER: Witness~ /l 'ZYi, ~ Print Name __!?>.&_6LJ' et!."C STATE OF FLORIDA) COUNTY OF COLLIER) 2007, 'Fl rreement was acknowledged before me tillS /tft day of ,~..e..-ru...,~ n.0Al.d who IS personally known to me or has produced a') proof of identity. ~' L1SAN.CMR <',\,;,l!, NotIIyNlllc._ofFalil . lDlO ~'D04I1 BondllIll By Natlonlll ... Ap and Recommend Approval: i~~i~ 0 Director Collier County Housing and Human Services EXHIBIT "A" Aaenda Item No. 16021 - January 15, 2008 Page 4 of 5 LEGAL DESCRIPTION Unit 1605, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of CoUier County, Florida 9047 Gervais Circle #1605, Naples, Florida 34120 EXHIBIT ~'B" IMP ACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fec Amount Owed B. Correctional Facilities Impact Fee $] 12.04 $89.82 C. Library Impact Fee $368.] 8 D. Ggmmunity Parks Impact Fee $700.00 $1,609.00 $2,862.00 E. Regional Parks Impact Fce F Educational Facilities System Impact Fee o. Road Impact Fce ;;6,059.00 H. Government Buildings Impact Fce $4]0.00 1. Lav.' Enforcement Impact Fee $] 71.61 $Hlo.OO $3,510.00 $19,411.65 J. Water System Impact Fce K. Sewer System Impact Fce TOTAL IMPACT FEES JAK Approved _1_1_ Page 1 of ] Agenda Item No. 16021 ~January 15, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMiSSIONERS Item Number: 16021 Item Summary: ReUj!i'I!TI onClat:Cf1 tr,e! ttl~, Boa',] cf C:Oillltv Cor-:i!'':lISsinner3 a~JprOV9S 2nd Bu:hn:.:zes he Cr.'cw'T1G"1 to ,;!gn ,,_ :18r' 6gF~Hn8n: .".'rlr; i<athv HernarKie= Jw~w: ~::J: :-jefer;-ai !')1 -)0';-;. of CDilI81 (..;C'cl"tv Ilr':Ja; t t,,+s for ar: (''NilS <JCG~ r:'I~"j 2.ff~'rdal)I~' hOU$II'Q U,l:t iocated 31 Vista ill T i!err;-?~E' ::;8\1 I jni~ "",e::, r,lortr', i'iani,,,s Meeting Date: 1 ':;t,'2L ;'1:, ~', '}UUC '(:J/I Prepared By ~r2!';~'. t:arTls('J' 'f.!W:'rUCl'::f': ,~ ~'" [)uhlic Sef'/ic8::' -4C<)'O.:I";(' ,j:~1!,j Hc~:ni.', ',.~eF\I'c\'S :~r2'i!2j)07 S':48:Ult;fVi Approved By ;/":;;;')' i.> :::..atE: P,-,i:;f!: ,JC.r. "'2\, ;,r."' 1::1\11 '\ pproved By '.::'::Z),:C:'),,' ::~ounty ~\!t:::;.:,~ ;:'JI.u:rl'O'i .,,' :c::;::'~::2(JC7 ":'.f A pp roved By ;~';ar!a Ranls.ey Public Se~''''Ij~:~;~ ,':"cii"'lini".natur Date Pubiic Services Public S~rvices Admin 1_2/28/20074:43 PM AI'proved By OMS Coordinator Applications ,CJ.naiyst Date Administrative Services lnformatfcn Technolof:Y 1/3/20088:52 Arv'i Approved By Sherry Pryor Management & Budget P.naiyst Daie County Manager's Office Office of Management & Budget 1131200810:16 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/3/20087:00 PM file://C:\AgendaTest\Export\98-January%20 15,%202008\ 16. %20CONSENT%20AGENDA \] .., 1/9/2008