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Agenda 12/16/2008 Item #16D23 Agenda Item No. 16023 December 16, 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 Jose Santos Avellaneda and Marisol Mendoza (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 51, Liberty Landing, Immokalee. OBJECTIVE: That the Board of County Conmlissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Jose Santos Avellaneda and Marisol Mendoza for deferral of 100% of Collier COWlty 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 .lose Santos Avellaneda and Mansol Mendoza, which application, after stalI review, was deternlined 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 Liberty Landing subdivision in Immokalee. The property is being developed by Habitat for Humanity of Collier County. 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 the County Manager to sign deferral agreements with applicants qualifying fi:lr 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 tbe Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $14,987.08 in impact fees. Although it is expected that the County will ultimately collect these defened fees (gcnerally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte disclosure is not required. This item requires majority vote only. This item is legally sufficient for Board approval. - CMG 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 Unit for Jose Santos Avellaneda and Marisol Mendoza located at Lot 5 I, Liberty Landing, Immokalee. 0"-' PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Serviccs ~ Agenda Item No. 16023 December 16, 2008 Page 2 91 5 Relunlo Frank Ramsey ColHerCouDCyHHS 3301 E. Tamilml Trail Naplea, Florida J4111 File# 09..o62-IF ThlllplcefoTreeordl1l( LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 16th day of December, 2008. between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jose Santos Avellaneda and Marisol Mendoza" (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: 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 unit is attached as Exhibit !lA." 3. The term 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 Fourteen Thousand Nine Hundred Ei.htv Seven and 08/100 Dollars 1$14.987.081. Repayment shan 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 alien 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 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 Agreement1s requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance Of this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY Agenda Item No. 16023 December 16. 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 COlJ"NTY 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 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: TOM HENNING, CHAIRMAN , Deputy Clerk WIlNESSES AS TO BOTH SIGNATURES Witnesses: f ,-{y\ OAJ;:I. cu.., "^-""'" Print Name N\t>.- ~ A-l"~ OWNER: f!!(' ~'f'ltti ikn'/J_...~ ose Santos Avellaneda OWNER: WirnriJ c; ~ dvv pri4f;;: ~~"'- STATE OF FLORIDA) COUNTY OF COLLIER) Th~OrelWing Agreement ~ffJa;wledged before me this A day of A,[ (J)) , by _ ;):..~t' ",~!(.who is personally known to me or has produced as of of identity. i!~~~cr~r 2008, : ~ AGNES ) MY ('()I(MISSION' DDSM44f ~__I2."1O , -.. Approved as to form and legal sufficiency: ~~ Colleen Greeri'e Assistant County Attorney Recommend App oval: -f I I Agenda Item No. 16023 December 16, 2008 Page 4 of 5 Collier County Housing and Human Services EXHIBIT "A" LEGAL DESCRIPTION Lot 51, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 3728 Justice Circle, lmmokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type oflmp..t Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $66.97 C. Library Impact Fee $402.79 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 F. Educational Facilities System Impact Fee $3,139.61 G. Road Impact Fee $7,858.52 $450.18 H. Government Building Impact Fee 1. Law Enforcement Impact Fee $186.20 TOTAL IMP ACT FEES $14,987.08 J. Page I of ] Agenda Item No. 16023 December 16, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D23 Recommendation that the Board of County Commissioners approves. and authOrizes the Chairman to sign. a lien agreement with Jose Santos Avellaneda and Marisol Mendoza (Owners) for deferral of 100% of Collier County Impact fees for an owner-occupied affordable housing unit located at Lot 51 Liberty Landing. Immokalee. Meeting Date: 12/16/200890000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 11125120084:08:39 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 11125/2008 9:S3 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 111261200811:43 AM Approved By Ma ria Ramsey Public Services Administrator Date Public Services Public Services Admin. 12/1/200810:49 AM A pproved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 1211/200812:01 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/2120084:24 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 1215120085:23 PM Commissioners file://C:\AgendaTest\Export\ 118-December%20 16,%202008\ 16. %20CONSENT%20AGE... 12/10/2008