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Agenda 10/28/2008 Item #16D26 Agenda Item No. 16026 October 28,2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Juan Barrera (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 121, Block D, Arrowhead Reserve at Lake Trafford-Phase Two, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Juan Barrera for deferral of 100% of Collier County 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 Juan Barrera, which application, after staff review, was determined 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 Arrowhead Reserve at Lake Trafford-Phase Two subdivision in Immokalee. - The property is being developed by the applicant, Juan Barrera, as an "owner-builder" project. Mr. Barrera is not a licensed contractor in Collier County. Mr. Barrera has submitted for consideration information documenting his experience in the home building industry. Those materials are attached as back-up material for review. 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 for 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 the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $30,413.05 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: This item has been approved by the County Attorney's office and is legally sufficient for Board action. -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 Juan Barrera located at Lot 121, Block D, Arrowhead Reserve at Lake Trafford-Phase Two, Immokalee. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Page 1 of 1 Agenda Item No. 16026 October 28, 2008 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D26 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Juan Barrera (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 121, Block D. Arrowhead Reserve at Lake Trafford-Phase Two, Immokalee. Meeting Date: 10128/20089:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 10/10/200811:00:49 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 10/10/20085:06 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 10/14/200810:47 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 10/15/200811:45 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 10116/20088:41 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 10/161200810:13 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 10118/20089:17 PM .- file://C:\AgendaTest\Export\ 115-0ctober%2028, %202008\ 16.%20CONSENT%20AGEN ." 1 0/22/2008 Agenda Item No. 16026 October 28, 2008 Page 3 of 8 Return to Frank Ramsey Collier County HIlS 3301 E. Tamiami Trail Naples, Florida 34112 File# 09-027- IF This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 28th day of October, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Juan Barrera" (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 "A." 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 Thirty Thousand Four Hundred Thirteen and 05/100 Dollars ($30.413.05). 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 dwelling unit. The lien shall Agenda Item No. 16026 October 28,2008 Page 4 of 8 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 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 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: , Deputy Clerk TOM HENNING, CHAIRMAN Agenda Item No. 16026 October 28, 2008 Page 5 of 8 WITNESSES OWNER: ~. -~, Wi~;;"""~ . Print iun~~PM-~ OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing A eement was acknowledged before me this 2~tf1day of<::..oJ1AN1!n,o""/ , 200~ by (( A.. , who is personally known to me ~ ,..-L.. r '~ 'e... as proof of identity. '~-~ e of Person Taking Acknowledgment Approved as to form and legal sufficiency: ~~ Colleen Greene Assistant County Attorney 7:d-=;,.~ ..: ' Marcy Krumbine, MP A Director Collier County Housing and Human Services Agenda Item No. 16026 October 28, 2008 Page 6 of 8 EXHIBIT" A" LEGAL DESCRIPTION Lot 121, Block D, Arrowhead Reserve at Lake Trafford-Phase Two, according to the plat recorded in Plat Book 43, pages 98 through 103, Public Records of Collier County, Florida STREET ADDRESS 1343 Lincoln Court, Immokalee, Florida 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed TOTAL IMPACT FEES $137.15 $390.08 $600.16 $1,286.85 $2,847.40 $10,988.65 $12,819.55 $967.34 $375.87 $30,413.05 B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee 1. Law Enforcement Impact Fee Sept 5,2008 Agenda Item No. 16026 October 28,2008 Page 7 of 8 Juan Barrera Bach-Architect 1039 Ringo Lane lmmokalee Fl34142 Collier County Housing Services Attn: Frank Ramsey This letter is to express my interest in the Impact Deferral Program. Based on my skills in architecture and construction, I am confident of managing the construction of my home. I developed the construction documents from preliminary to construction phase and I'm currently finalizing contracts with sub contactor for their performance on these project. My resume highlights my abilitylknowledge/expertise in architecture and construction management. My Previous employer, Suffolk/Kraft a joint venture for Ave Maria gave me the opportunity to developed a great amount of management skills in the construction field. While at Suffolk, I was able to succeed/save money/save time/increase productivity, during construction phases. I am capable of integrating my knowledge in construction to the practice of architecture which I believe is critical to understand both fields in this profession. Thank you in advance. I am excited about my project getting started. It has been a challenge although I believe everything has come together and hopefully within a month permits will be obtained for my home. Please do not hesitate to contact me if you have any questions. I would be glad to review my qualifications in more detail if necessary . Sincerely, Juan Barrera -';w Juan M Barrera Agenda Item No. 16026 October 28, 2008 Page 8 of 8 Objective Architect I Project Management Experience June 2006- Jan 2008 Suffolk/Kraft Joint Venture Ave Maria, FL (Suffolk Core Values: Passion, Integrity, Hard Work, and Professionalism) Assistant Project Manager On Site Coordinator at Oratory Project. Responsible for creating work design details from architectural drawings to create on site shop drawings, and installations drawings through CAD. (cone. h.c. plank, cast In place cone, and, stone layouts) proposed details and changes, implementing alternative ideas Developed Excellence in Building Relationship with Sub-contractors. Suffolk Training: Expedition, Scheduling, Contract Management, LEED 2004-2006 A.M. Johnson Architect Naples, FL Intem I Project Architect · Designed and developed projects: Preliminary phase through Construction Documents, · Developed working Relation wi Contractors: (Plan Details, Building Codes, Material Methods 1996-1998 SCSE Construction co. inc. Naples, FL Layout Carpenter · Worked together with other trades accomplishing supervisor's schedules. Form, Rough & Finish Carpentry Education 1994-1996 Lorenzo Walker Institute of Technology Naples, FL · Carpentry Apprentice Program 1998 Edison Community College Ft. Myers, FL Drafting Design and Technical Blue Print Reading 1998-2003 Houston, TX University Of Houston (Gerald D. Hines College of Architecture) · B, of Architecture · B, of Architecture in Environmental Science · Minor In Construction Management Interests Currently working on the Florida Architect Registration Exam https:f/www,myfloridalicense, comfwl11 .asp?mode=2&search=Name&S I D=&brd=&typ=