Agenda 03/11/2008 Item #16D 4
Agenda !tem No. 1604
March 11, 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 Soyla Maria Cruz (Owner) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable housing unit located at
Lot 33, Liberty Landing, ImmokaIee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Soyla Maria Cruz for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chaptcr 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 defennent was submitted by Soyla Maria Cruz. which application,
after staff review, was detennined 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 autJ10rizes 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 detennined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chaim1an's signature.
FISCAL IMPACT: This agreement defers $12,442.46 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 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 Affordab]e Housing Dwelling Units for Soyla Maria Cruz located at Lot 33,
Liberty Landing, Immokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
~-
Agenda Item rjo. 1604
March 11, 2008
Page 2 of 5
Return to
FrankRlmley
Collier County lDlS
3301 L Tamlaml Trill
Naplel,F1orida34112
File# 08-IS4-IF
This splice for rewrding
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this L day of February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Soyla Maria Cruz" (OWNER),
collectively stated as the <<Parties."
NOW, mEREFORE, for good and valuable consideration, the receipt and snfficiency 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 tenns of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "An
3. The term afthis Ab'Teement is from the date set forth above until the impact fee is repaid.
4. Tbe 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 461100 Dollars 1$12.442.461. Repayment shall iuclude 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
terminate upon the recording of a release or satisfaction of lien in the public records of the
County. TIle 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 O\.VTIer, 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
f\genda item No. 16D4
March 11. 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 tultil 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 Sllccessors and assigns in interest.
9, This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WIlNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Arrest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA.
By:
By:
TOM HENNING, CHAIRMAN
, Deputy Clerk
Witnesses:
'--{\ \G.-cU v_ CL lcw C<kG
Print Name \-.\0.r4;,". A \ ,,:.;eno
OWNER:
t~ (){ MIlL
SoYla. 'a Cruz
CJ.
~
OWNER:
Witnesses: /-
-'j/Vhlt1<~. ~(.~
Pri;JName ~I' fj:'.ad (
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
'i" acknowledged before me this ':ifl-, day of:::'jn 0,,,,. "~.
who is personally knO'WD. to me or has produ ed
roof of identity.
OTARIAL SEAL]
VIRGINIA CANTU
~'W~ MY COMMISSION 1/ DD5944~
~ElCI'IR&:~I2,20IO
~.... A.lrIa:Ja.......Oo.
Approved as to form
~"
Je e A. Klatzkow
~ Chie Assistant COllnty Attorney
Recommend Approval:
J ~~
ar ~MPA
Director
Collier County Housing and Human Services
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 33, 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
3652 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
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. Govenunent Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
lAX Approved _1-1_
Agenda Item No. 16D4
March 11, 2008
Page 4 of 5
Amount Owed
$100.59
$6208
$368.18
$750.00
$1,659.00
$2,862.00
$6,05900
$410.00
$171.61
$12.442.46
Page 1 of 1
Agenda Item ~~o. 1'304
March 11, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1604
Item Summary:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Soyla Maria Cruz (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot 33,
Liberty Landing. Immokalee
Meeting Date:
3/11/200890000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
2/21/200811 :21 :49 AM
Approved By
Terri A. Daniels
Grants C' 'Jrdinator
Date
Public Services
HOliSlns & Human Services
2/21/20085:51 PM
Approved B)'
Marla Ramsey
Pubilc Services Administrator
Date
Public Services
Public Services Admin.
2t26f2008 11 :16 AM
Approved By
Jeff Klatzkow
t.ssis~ant Co~mty Attorney
Date
County Attorney
County t..ttorney Office
2/27i2008 4:22 PM
Approved By
OMS Coordinator
AppH(:ations Analyst
Date
Administrative Services
Information Technology
2/28/2008 8:02 AM
Approved By
Sherry Pryor
Management & Budget t,nalyst
Date
County Manager's Office
Office of Management & Budget
3/3/2008 11:42 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
313/200812:40 PM
ti1e://C:\AgendaTest\Export\ I 02-March%20 11.%202008\ 16.%20CONSENT%20AGENDA \ J '" 3/5/2008