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Agenda 01/15/2008 Item #16D20 Agenda Ilem No. 16020 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 Luis Garcia and Judith Parra (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing nnit located at Vista III at Heritage Bay, Unit 1506, North Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves. and authorizes the Chairman to sign. the attached lien agreement with Luis Garcia and Judith Parra for deferral of 100% of Co Ilier County impact tees for an owner-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapter 74 of lhe Code of Laws and Ordinances established a program 1.0 defer impact fees tor qualiiied affordable housing. Pursuant to this program, an application tilr deferment was submitted by Luis Garcia and Juditb Parra, which application, after staff review, was determined to qualify l{,r the program. Legal status has been veritied and documents are on tile at the office 0 C Housing and Human Services. rhe property is located in the Vista III at Heritage Bay subdivision in ""rth "Japles. ,,- The ordinance requires that a lien agreement be: entered into with the applicant as a condition of delcrral of the impact fees. Section 74-40 I (3) of the Code authorizes the County Manager to sign dejerral agreements with applicants qualifYing I(ll' impact fee dej'errals for am,rdable 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 Chairman's signature. FISCAL IMPACT: This agreement defers $19,411.65 in impact fees, Although it is expected that the County will ultimately collect these deferred tees (generally upon the sale of the. residence), there is no guarantee as to if, or when, this would oecur. 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 Luis Garcia and Judith Parra located at Vista 111 at Heritage Bay, Unit 1506, North Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services -- Agenda Item No. 16 20 January 15, 2 08 Page 2 f 5 Return to Frank RllJuey Collier County nus 3301 E. Tamillwl Tun Naples,F1oridl34112 File# 08-086-IF Thissllllcefurruording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this~ay of December, 2007, between Collier County. a political subdivision of the State of florida (COUNTl') and "Luis Garcia and Judith Parra"' (OWNER). collectively stated as the "Parties." ~OW, THEREFORE, ror good and valuable consideration. the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follO\~.'s: 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 lrnpac:t Fec Ordinance" (Ordil~~nce). In the event of any contlict with this Agreement, the terms of the Ordinance shall apply. '1 The legal description ofthe dwelling unit is aitached as Exhibit t'/\. 3. The tenn 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 Four Hundred Eleven and 65/100 Dollars ($19,411.65). 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 clw,elling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the COWlty. The deferrals of impact fees and this Agreement shall fW1 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 Agenda Item No. 16120 January 15, 2~08 Page 3 pi 5 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, I 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 hy 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 O\\-'NER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records or the Count;.' at no cost to the COl"!TY. IN WITNESS \\-'HEREOF, the Parties have (~xecuted this Agreement on the date and year 1"lf5t above written. i1.ttest: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLlER CmJNTY, FLORJDA, By. r~y. Deputy Clerk JAMES COLETT"-. ClIAIRMAN ~i~~~~~ /1 ) LuisC r OWNER: JUdit~~~tl Y ~~ STATE OF FLORIDA) COUNTY OF COLLIER) Thlfore~in~A_g~eement was "",knowledged before me this ./f1" day of ~, 2007, by :J~~~~~'}- a....n~ , who is personally known to me or has produced FL- or i \I-t./( G~c...e-v.. LW> ____ as proof of identity. ~N'CAM NlIc. 911II 01 ,... ., ~~'O ..~ CoIIIllIIIIlIR.DDe1m "".?f,f.\.. bomecl8, NIIOIlII_'" atzkow ant County Attorney RM~'"OA;;r . Q~A ~ U? c'M cy Krumbine, A Director Collier County Housing and Human Services Jeffr Chief ss EXHIBIT "A" I , Agenda Item No. 16620 January 15, 2p08 Page 4 pi 5 ! LEGAL DESCRIPTION Unit 1506, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records oreollier County, Florida 9051 Gervais Circle #1506, Naples, Florida 34120 EXHIBIT "'B" IMP ACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed B. COlTeclionaJ Facilities Impact Fee $112.04 $89.82 c. Library fmpact Fee $368.18 D. Community Parks Impact Fee E. Regional Parks Impact Fee F, Educational Facilities System Impact Fee $750.00 $1,659.00 $2,862.00 $6.059.00 G. Road Impact Fee H. CJovemmcnt Buildings fmpact Fcc $410.00 $171.61 $3,415.00 $3,515.00 $19,411.65 J. Law Enforcement Impact Fee 1. \Vater System Impact Fee K. Sewer System fmpact Fce TOTAL IMP ACT FEES JAK Approved _1_1_ Page I of I AqAnda Itel11 No. 16D20 January 15, 2008 Page 5 of ::\ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: IC;U2U neC(l!l1ll1erldation 111,11 lilt HO;Hd Df (" fJLllliv Cornmi-SSIOI1E;rS clp~roves, i'll1d iwlllOrizes t!lf! (~lldirlll;_H! 'n sign -;1 :j(~I) ,Hllf'I'lIwril with Luis Gnr-ci:l 'HId Judith Palr8 (OW'l'~I:;1 for d'~fenal oj Iii: (II r;!III;~' '1\11 Ii') f. (>; fur dl' ,'\!jlk;1 ;.I;l'i,'0 dlr',lid,.ll!l", I If> I I;;;ifl\j !)jlt': IO(:;\\Rd ill '),,1;) III ;jlllr r!tCllJ'! " :ly Ilr-til j",(Ij; "'Icrtil f'Jdllle:; Meeting Date: ; Cd?":)! ,iJ Pl'cpart~d By :-,'",ji,: ,...'WO'" ,Ii' "" "iU, ''', rUk ""hm,_! .i" 'il: ,,:-r; I, /~' JUDO^;" "::)J.'\! r\M l'l'bl,' ":'''v'(;'> '\I'provcd B~ i,1iH' ":i-_, '_Hi.' !'l,;)I" !/',:;.ii'!h. "M \PIU'UH.t1 By 'ii' .\pproYI'd B., ";,'ii',V 'I-,i" "ii;' ':;.,l; fuhl; '.kt'S 'I)t;'! ",i'i':'; '!I'I"; ;~;,:;nI7,-,O,' " ;J:, I'M \PI)ntvt'IJ B)-' OMEI G:'Pldilli.\1ur i\pplicaiil>l1'o !\II,-,I'l'st [lnt~ Admillir,trative Scrvir,cs InfofmaUonlpchllOk'(jV 113/200R a:52 AM ApPI'UHtI B)-' Shorry Pryor Manilgement /?, Uu,JgP.t l\ll<1!ySl Dale C(lW1lV Mdni<~J(!I.'s Office Office> of M,1naqenwnt 8. Budqf't 1i:l1200B 10:11 AM ApllroHd By Jalllu~; v. fvludtl County lVi<llFJ!Jnl Date Board 01 r,~oul\ty COlllmissioners Coullly Man<lgN's Office 1/3/200811 :27 AM