Agenda 01/15/2008 Item #16D31
Agenda Item No. 16031
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 Daniel Munoz and Rosalina T. Munoz (Owners)
for deferral of 100% of Collier County impact fees for an owner-occnpied affordable
housing unit located at Lot 23, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign" the attached lien agreement with Daniel Munoz and Rosalina T. Munoz tl)r
deferral of 100% of Collier County impact fees f()J" an owner-occupied aft(,rdahle housing unit.
CONSIDERA nONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
cstablished a program to defer impact fees for qualifIed aft("dable housing. Pursuant 10 this
program. an application lor deferment was submitted by Daniel Munoz and Rosalina T, Munoz,
which application, alter stall" review, was delermined to qualify tor the program. Legal status
has been verilied and docul1lents are on IlIe at Ihe omee of Housing and Iluman Services. The
property is located in the Libert:' L,anciing ;;ubdi\"ision in ! l11mokalee.
The ordinance requires that 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 Ihe County Manager to
sign deferral agreements with applicants qualifying lor impact tee delerrals 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 $12,442.46 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 il~ or when, this would occur.
GROWTH MANAGEMENT IMPACT: Nonc.
LEGAL CONSIDERATIONS: The proposed Agreement is tully consistent with the intent
and purpose of Section 74-40 I 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 Daniel Munoz and Rosalina T. Munoz
located at Lot 23, Liberty Landing, lmmokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
_.
Retul'1llo
Agenda Item No. 16031
January 15, 2008
Page 2 of 5
Frank RaIltllE!1
Collier Counly HHS
3301 E. Tuallmd Trail
Nap,",F1orklaJ.4112
File# 08-074-IF
ThI..~f,n'reoordIDg
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~y of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Daniel Munoz and Rosalina T.
Munoz" (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:
This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as '"The CoIlier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legaJ 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 repald
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 Twelve Thousand Four
Hundred Fortv Two and 46/100 Dollars ($J2.442.46). 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 descrihed 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 thedweliing 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 othelWise
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. 16031
January 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 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 OWNER'S successors and assibJTIS 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 Af,rreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By ______
By
Deputy Clerk
JAMES COLETTA, CHAIRMAN
OWNER:
Witnesses:
vYI~ aho-Wdo .____
Print Name t-/or/h4. 11111""""'_
~~,Il-1 tlYl 0.<=-....
Daniel Munoz"-
t1es, , Clt:-
rin ~':J(-"'" C~
STATE OF FLORIDA)
COUNTY OF COLLIER)
The fOj<going Allfeement wa~cknowledged hefore me this ft day of ~
by //HA/lf; /~ t ~~ho is personally known to me or has produced
, as proof of identity.
OWNER:
R o,5Cclll C<. f Hu ,()Q>
Rosalina T. Munoz
2007,
Recommend Approval:
~~~MP~ ,-9
Director
Collier County Housing and Human Services
EXHIBIT "A"
Agenda Item No. 16031
January 15, 2008
Page 4 of 5
LEGAL DESCRIPTION
Lot 23, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of the Public Records orCoIlier County, Florida.
STREET ADDRESS
3612 Justice Circle, Immokalee, Florida 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
A EMS Impact Fee
Amount Owed
B. Correctional Facilities Impact Fee
$100.59
$62.08
$368. J 8
$750.00
$ 1,659.00
C. Library Impact Fee
D_ Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
TOTAL IMPACT FEES
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.46
G. Road Impact Fee
H. Goverrunent Buildings Impact Fee
I. Law Enforcement lmpact Fee
JAK Approvt:<! _1_1_
Page I of I
Agenda Item No. 1603t
January 15, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D;11
Recomrnenjatior: tnat the Board Df C'Junty Cornmlssloners appT'V\'~S, 3nd authorizes the
:~;halrman te S;Q:-) 2 !If.'tl agr~::~,'rnf';nt v,;:lll ~:anie! MunGZ an;1 F',csaiin2 T Munoz i,OwnC'r(~-~ for
-ief,,:p'ai of 'i CiO')';~Jf Coliier COUnty impact fees. for ;:Jrl ownE"~r-oc:c:jt:_ned affoldabic housmg unit
iC<:2ted at Lot ~'~L :_iber~y Landing ImnlOn-j!ee
Meeting Date:
':ZOU2- BUG CiC l',M
Prepared By
'~inl, r-:_arrsc\,
.~;, ilt'
:' ':J:- cl i ~ 1 ~J ::,J ,
-";:ite
~:'uh1ic ~~8n!'(;.es
,,::,;:nr;;; b:,j~1 Hu,nan SC''''ilces
2/:2'i/2007 H',,,:UJ'; i>.hfI
Appl"oved By
!\fi<n-~:~ Fn.l t;bii,!e
;ji; ;-::lU~
;'n(-;'
':>!f:)i;r. S"~ {;,:E$
- ; J ~<: F i \:;
"':;1)07
L:>f\n
'\f)pro,'ed By
j',fFl;:V,j\,
'o;''''.~Hl',_;~;U:
-..i:::Le
SOUil!)' L,~;;H;e)
~j ;.,tv :: ~t:! :'~-!".,
~"'2S,'::~IC7 :i!',,;~ i"_h,r;
Approved By
[liarl;,' Ra",s.ey
?Ul)jIC SS1'vices Admrnistratc;
Date
Public Services
Public Services AdrTHn.
1t2!2008 9;55 AM
Approved By
OMS Coordinator
Applications Ana~Y5t
Date
Administrat1ve Services
lnformatfon Technology
1f3t2008 9:07 AM
A pproved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/3/2008 11 :01 AM
Approved By
JamesV. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/3120086:48 PM
file://C:\AgendaTest\Export\98-January%20 15, %202008\ 16, %20CONSENT%20AGENDA \ I,,, 1/9/2008