Agenda 06/10/2008 Item #16D 3
Agenda Item No. 16D3
June 10, 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 Jairde Jesus Toro Gomez and Elizabeth Diaz de
Toro (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Vista III at Heritage Bay, Unit 1610, North Nalpes.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Jairde Jesus Toro Gomez and Elizabeth Diaz
de Toro 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 defem1ent was submitted by Jairde Jesus Toro Gomez and Elizabeth
Diaz de Toro, which application, after staff review, was determined to qualify for the program,
Legal status has been verified and docwnents are on file at the office of Housing and Hwnan
Services, The property is located in the Vista III at Heritage Bay subdivision in North Naples,
The property is being developed by Lennar Homes.
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 othelWise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and ChaimJan's signature,
FISCAL IMPACT: This agreement defers $19,389,63 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 Agreement has been approved for legal sufficiency, It is
ready for Board consideration and approval. HF AC
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 Jairde Jesus Toro Gomez and Elizabeth
Diaz de Toro located at Vista 1lI at Heritage Bay, Unit 1610, North Naples.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Agenda Item No. 16D3
June 10, 2008
Page 2 of 5
Return to
FrankRlmsey
Collier County HHS
3301 E. Tlmiami Trail
Naples, Florida 341 12
File# 08-180-IF
Tbissplcerorre.eording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this _ day of June, 2008, between Collier County, a
political subdivision of the State of Florida (COl.}NTY) and "Jairde Jesus Toro Gomez and Elizabeth
Diaz de Toro" (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'l
(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 anached 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 Nineteen Thousand Three
Hundred Eightv Nine and 63/100 Dollars ($19.389,63). Repayment shall include any
accrued interest. Interest shaI} 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
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, Of 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 Agreemenfs requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OV/NER 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. 1603
June 10, 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 inunediately 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
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Elizabeth Diaz de Taro
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STATE OF FLORlDA)
COUNTY OF COLLIER)
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<3: Th.sforego~g Agreement w~ acknowledged before me this :2"?- day of ,(I ,
200t, byJ41(l~ j:jCfc("ll^,ei: tl.z""~~1 wh%-is personatry known to me or as produced
5>1t\. as proof of IdentIty.
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Signature of Person Taking AcknoWIedgment
Lto
He-,OI Ash-tnfl
~Assistant County Attorney
Reco~end Approval:
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Agenda Item No, 1603
June 10, 2008
Page 4 of 5
EXIDBIT "A"
LEGAL DESCRIPTION
Unit 1610, Vista III at Heritage Bay, a Condominium pursuant to Declaration of
Condominium Recorded in OR Book 4322, Page 3638
9047 Gervais Circle #1610, Naples, Florida 34120
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
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
J. Water System Impact Fee
K. Sewer System Impact Fee
$100.59
$79,25
$368,18
$750.00
$1,659.00
$2,862,00
$6,059.00
$410.00
$171.61
$3,415,00
$3,515.00.
$19,389,63
TOTAL IMPACT FEES
JAKAp"ro~ed_!..J_
Page 1 of 1
Agenda Item No. 16D3
June 10, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1603
Item Summary:
Recommendation that the Board of County Commissioners approves. and authorizes the
Chairman to sign. a lien agreement with Jairde Jesus Taro Gomez and Elizabeth Diaz de
Taro (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Vista !II at Heritage Bay Unit 1610. North Naples.
6/10/200890000 AM
Meeting Date:
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
5/21/20082:29:33 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
5/22/20086:03 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/23/20085:09 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
5127/20082:24 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/30120089:16 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
5/30/200811:49 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
5/3012008 12:49 PM
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