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Agenda 01/15/2008 Item #16D19 Agenda Item No. 16019 January 15, 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 Monique Diaz (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Vista III at Heritage Bay, Unit 1508, North Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves. and authorizes the Chairman to sign. the allached ! icn agreement with Monique Diaz for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit. CONSIDERATIONS: AI.ticle IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact lees for qualified affordable housing. Pursuant to this program. an application ior deferment was submitted by Monique Diaz, which application, after staff review, was dctermined.to qualiiy iilr the program. Legal status has been vcri1ied and documents are on file at the ollice of Housing and Human Serv;ees. The propel1y is located in !.he Vista III at Heritage Bay ,,"bdivisio!l in Norlh ""pies. --- fhe ordinance requires thai 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 deterral agreements wilh applicants qualif).ing tiH" impact fee deferrals fi,l' affordable hOLlsing, 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 reeent discussion and direction by the Board. the County AHomey's Office has determined that until directed otherwise by the Board, these agreements he placed on the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $19,411.65 in impact fees. A]though it is expected that the County wi]] ultimately collect these defened fees (generally upon the sale of the residence), there is no guarantee as to if. or when, this would OCCLlr. GROWTH MANAGEMENT IMP ACT: 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 ofCo]lier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Defenal of 100% of Collier County Impact Fees for Owner Occupied Affordab]e Housing Dwelling Units Monique Diaz located at Vista III at Heritage Bay, Unit 1508, North Nap]es. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services - Agenda Item No. 16019 January 15, 2008 Page 2 of 5 Return to FrllnkRam~y Collier County HHS 330J E. Tamillmi Trail :'</aples,FloridIl34112 File# 08-087-IF Tbis~pllte for retording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 11- ~y of December, 2007. between Collier County, a political subdivision of the State of Florida (COUNTY) and "Monique Diaz" (OV.iNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Partics agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, knov.'11 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 Exhihit "I\. 3. rhe term of this Agreement is from the date set forth above until the impact fee i:s 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 refinaQcing of the dwelling unit; c) a loss of the homestead exemption; or d) the first OCClUTcnce 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 Four Hundred Eleven and 65/100 Dollars ($19.411.65). Repayment shall include any accrued interest. Interest shall be computed at the fate 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 1i~n 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 \\1th 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 othenvise 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 unt11 paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the O\VNER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost 10 the COUl\TTY. Agenda Item No. 16019 January 15, 2008 Page 3 of 5 [N WITNESS WHEREOF. the Parties have executed this Agreement on the date and year first above Y\Titten. ''\ttest: IJWIGHT E. BROCk Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COU'iTY. FLORIDA. lh By' . Deputy' Clerk JAMES COLETTA. CHAIRMAN ::::z~~__ Witness~ :Yl ~ PrintN~\~';j. Lu~ O\VNER: STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this /c::;-/1day of ,Q.e.C.!1h-ir<'V 2007, by 1Y\h1! 'btf. DI <:1'-.. who is personally known to me or has produced 1=L 1:;,.( ,z-v"--""-,><:,,,, ._asproofofidentity. G''\''~",' f'::1K;~'=- , !iji41.h. - COlNIiIlIIllR' 00 4t1575 ..... Bonded NIIIDnII ... ,~ Recommend Appr val: " ar y Krumhine, NIP A Director Collier County Housing and Human Services .A Agenda Item No. 16019 January 15, 2008 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION Unit 1508, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of Collier Connty, Florida 9051 Gervais Circle #1508, Naples, Florida 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS lmpact Fee $J 12.04 B. Correctional Facilities Impact Fee $89.82 $368.18 C. Library Impact Fee D. Community Parks Impact Fee $750.00 $1,659.00 E. Regional Parks Impact h;~e F Educational Facilities System impact Fee $2.862.UO G. Road Impact Fee $6,059.00 $410.00 H. Govenuncnt Buildings Impact Fee I. Law Enforcement Impact Fee $J 71.61 J. Water System Impact Fcc K. Sewer System Impact Fee $3,4J5.00 $3,5J5.00 $19,411.65 TOTAL IMPACT FEES JAK Approved _1_1_ Page 1 of 1 Agenda Item No. 16019 January 15, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSION~RS Item Number: 16019 Item Summary: ReC:(j:n~-L:;: datk),-, tilell 1)'8 [::,12lrti u; C/unty ::::o'-r:m:ss:oners 2pprD\i2S, clllc1 3uthcnZ9S the ::hamnan :0 sign a lien agreemeil! \lVlth MC1nlque Dlaz rOwner) fo' jeTerl"a! of "1 Ooo,!, oi C:l:ller t,';(IU;'tV !f-:-i;:,,:C:, 1f:e',o, Iy ~il-: :>\I'."""i'-Oc:c,i[")ie(J ,- 'fc:rdc1i:.I'? hcusln;1 ,Jill! ' 'c:;:o7(,:d 0'11 \f!st3 iii.,": er:tS<iS E'.2Y :jnit i-"~i3 [',/l;-i'-, (\ja;Jiec Meeting Date: s":!:nt~ C<JCDO AM Prepared By ;:~.'3_nk Rarn.'-.<.,<,/ ~,; fi ;) - L<:<,~r~. .. n. .' :Jil1(' ~uoli(; Se;vrc~'3 ."~il"~, ,~n( '-,,,(;2,1 2.'21/200.;:' 9:2(; :i[; ,c,.M Approved By ~i/!8rcy Knm,;~,~n(O ".lliPC _~lr ':-'c~.' ~::'llbtic: S~~rviccs "-i,)tL.~Ii)Ci g ~:" ~Iin, ",()r'$!,~,)S :U26/?OO7 L1 i!. ;~-;>f;Ji Approved By ; ,;. 1'~ y: i r~ tZ' I< C' \4 "':;~~~~i:~: i~<.r'ii,'" ie (;::,unlj' j-ttcrr\ey ..cJlFh\' tic,' r,F-; ?S':;~OG 7 U3 id'Jl Approved By fVtarla F:;amsE:Y Public Servjces4dmini~;trator Date Public Services PubUc Sf'nttces Adrnin. 1/2/20029:43 AM Approved By OMB Coordinator t,pp!ications Analyst Date Administrative Services :r.formation Technolomi '1/3/20088:50 AM Approved By Sherry Pryor Management & Budget Ana!}-'st Date County Manager's Office Office of Management & Budget 1/3/200810:06 AM Approved By James V. Mudd CO:Jnty Manager Date !3oard of County Commissioners . County Manager's Office 1/3/20086:58 PM file:IIC:\AgendaTest\Export\98-Januarv%20 15. %202008\ 16.%20CONSENT%20AGENDA \ I... 119/2008