Agenda 02/26/2008 Item #16D18
,J'...gendEi Item No. 16D 18
F9bruarj 26. 2008
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Jose Penaloza Jasso and Aracely Penaloza
(Owners) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 31, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Jose Penaloza Jasso and Aracely Penaloza
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit.
CONSIDERA TIONS: Article IV of Chapter 74 of the Code of Laws and Ordinanees
established a program to defer impact fees for qualified affordable housing. Pursuant to this
program, an application for defennent was submitted by Jose Penaloza Jasso and Aracely
Penaloza, which application, after staff review, was detem1ined 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 ordinanee 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 practiee. 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, thc County Attorney's Ofliee 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 deferred fees (generally upon the sale of the
residence), there is no guarantee as to iC 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 Affordable Housing Dwelling Units for Jose Penaloza Jasso and Araeely
Penaloza located at Lot 31, Liberty Landing, Immokalee.
- PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
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'. :::ebruary 26, 20 8
?age 2 0 5
Returtlw
Frank Ramsey
CoUler County lWS
3301 E. Tamlaml Tnll
Napla,F1orida341l2
File# 08-144-IF
Thil Ipace 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 -L day of February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Jose Penaloza Jasso and Aracely
Penaloza" (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 tenns 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 Twelve Thousand Four
Hundred Fortv Two and 46/] 00 Dollars ($12 442.46), 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 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
tenninate 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 v.rith 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
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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 Af,l'feement, 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 WlIEREOF, the Panies have executed this Agreement on the date and year first
above vmtten.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA,
BY' By:
, Deputy Clerk TOM HENNING, CHAIRMAN
OWNER:
Witnesses: )}-,-v.u:J~ 1- T(',;/ r: ,It: ! h/I t .?-
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I";..(':/~'L'
PrintName n7/;.'--J-h(~ I dJ/ [~. Jose Penaloza Jasso
OWNER:
Wilnesdti J ~ ~\\"mi y ~'nn\ ....-z:(~
1*]ri. .~ 10-<
Prin Name 11:1f-l!/I, r--<~+~ J..... Aracely Penaloza
,
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this~ day of ~~.~ t<~ '
2008, b~o f-tl/l~r. L ~/o'r:--' who is personally knO\\'Il to me or has pr ueed
. 0 as proof of identity.
,
( !.r
of Person Taking Acknowledgment
Approv 2~JL-
and leg
ow arcy Krum bin , N1P A
ounty Attorney Director
Collier County Housing and Hwnan Services
,
Agsrda item ~'Jo. i 6D i 8
. F~;bruary :26, 2008
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 31, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, oftbe Public Records of Collier County, Florida.
STREET ADDRESS
3644 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee Amount Owed
A. EMS Impact Fee $100.59
B. Correctional Facilities Impact Fee $62.08
C. Library Impact Fee $368.18
D. Community Parks Impact Fee $750.00
E. Regional Parks Impact Fee $1,659.00
F. Educational Facilities System Impact Fee $2,862.00
G. Road Impact Fee $6,059.00
H. Government Buildings Impact Fce $410.00
1. Law Enforcement Impact Fee $171.61
TOTAL IMPACT FEES $12,442.46
JAKApproved_I---!_
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COLLIER COUNTY
~Ct.RD OF GOUNTY COMMISSIONERS
Item Number: 16018
Item Summary: Recommen:J31lon that the Board of County Commissioners approves and authoriz.es the
Chairman to sign a !Ien agreemsnt Vllth JC:SE Penaloza Jasso and ,Aracely Penaloza
(:Jwner;,:1 fOI defer~al of 10J% of Collier County ::np3ct fees for ar, owner~occupied affordable
hOUSing UIl'! 10::3Ied at Lot 2,1 Liberty Landing jmr~okaiee
Meeting Date: 2/26/20CJ8 E:QOCIC hM
Prepared By
Frant; Ramsey SHIP Program Coordinator Date
Public Services Housing and Human Services 216120089:05:27 AM
Approved By
Woarey Krumbine Director Date
Public Servi::es Housing & Human Services 2/8/20089:20 AM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 2111120082:09 PM
Approved By
Marla Ramsey Public Services Administrator Dute
Public Services Public Servi,;ps .Ldmin. 2tl~/20::JZ 1C'47 AM
Approved B)'
OMS C~orciin<~tor A~;Jlic2t;8:1z An,,-lj'st ::<::tc
Administrative S€'rvices info;"ffiillior; .. er:!m(>io~iY 2.'1::::2008 le::::7 Atv;
Approved By
Sherry Pryor r~";a..c;?c;nent & Suj;J?t ,G.n~1i\"s.1 Sate
County fi2nager' S C~fice Cjffi;::e of Man2'1erneq; b. SUG~:if:t 2:i4:200r Ll:57 PII"I
.. ..
Approved B.y
Leo E. Dens. Jr. Deputy County Manager Date
S::;3rd of County
Commissioners Gount)' Manz:ge:-'s :>ffice 2/14!200& 5;38 Phil
fi Je:IIC:\AgendaTest\ExDort\ I 0 J -Februarv%2026. 'Yo202008\ 16.%20CONSENT%20AGEND... 2/20/2008