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Agenda 01/15/2008 Item #16D31 Agenda Item No. 16031 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 Daniel Munoz and Rosalina T. Munoz (Owners) for deferral of 100% of Collier County impact fees for an owner-occnpied affordable housing unit located at Lot 23, Liberty Landing, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign" the attached lien agreement with Daniel Munoz and Rosalina T. Munoz tl)r deferral of 100% of Collier County impact fees f()J" an owner-occupied aft(,rdahle housing unit. CONSIDERA nONS: Article IV of Chapter 74 of the Code of Laws and Ordinances cstablished a program to defer impact fees for qualifIed aft("dable housing. Pursuant 10 this program. an application lor deferment was submitted by Daniel Munoz and Rosalina T, Munoz, which application, alter stall" review, was delermined to qualify tor the program. Legal status has been verilied and docul1lents are on IlIe at Ihe omee of Housing and Iluman Services. The property is located in the Libert:' L,anciing ;;ubdi\"ision in ! l11mokalee. 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 Ihe County Manager to sign deferral agreements with applicants qualifying lor impact tee delerrals 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 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 deterred fees (generally upon the sale of the residence), there is no guarantee as to il~ or when, this would occur. GROWTH MANAGEMENT IMPACT: Nonc. LEGAL CONSIDERATIONS: The proposed Agreement is tully consistent with the intent and purpose of Section 74-40 I 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 Daniel Munoz and Rosalina T. Munoz located at Lot 23, Liberty Landing, lmmokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services _. Retul'1llo Agenda Item No. 16031 January 15, 2008 Page 2 of 5 Frank RaIltllE!1 Collier Counly HHS 3301 E. Tuallmd Trail Nap,",F1orklaJ.4112 File# 08-074-IF ThI..~f,n'reoordIDg LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ~y of December, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Daniel Munoz and Rosalina T. Munoz" (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: This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as '"The CoIlier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legaJ 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 repald 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 46/100 Dollars ($J2.442.46). 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 descrihed 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 thedweliing 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, or othelWise 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. 16031 January 15, 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 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 assibJTIS 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 Af,rreement on the date and year first above written. Attest: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By ______ By Deputy Clerk JAMES COLETTA, CHAIRMAN OWNER: Witnesses: vYI~ aho-Wdo .____ Print Name t-/or/h4. 11111""""'_ ~~,Il-1 tlYl 0.<=-.... Daniel Munoz"- t1es, , Clt:- rin ~':J(-"'" C~ STATE OF FLORIDA) COUNTY OF COLLIER) The fOj<going Allfeement wa~cknowledged hefore me this ft day of ~ by //HA/lf; /~ t ~~ho is personally known to me or has produced , as proof of identity. OWNER: R o,5Cclll C<. f Hu ,()Q> Rosalina T. Munoz 2007, Recommend Approval: ~~~MP~ ,-9 Director Collier County Housing and Human Services EXHIBIT "A" Agenda Item No. 16031 January 15, 2008 Page 4 of 5 LEGAL DESCRIPTION Lot 23, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records orCoIlier County, Florida. STREET ADDRESS 3612 Justice Circle, Immokalee, Florida 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee A EMS Impact Fee Amount Owed B. Correctional Facilities Impact Fee $100.59 $62.08 $368. J 8 $750.00 $ 1,659.00 C. Library Impact Fee D_ Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee TOTAL IMPACT FEES $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 G. Road Impact Fee H. Goverrunent Buildings Impact Fee I. Law Enforcement lmpact Fee JAK Approvt:<! _1_1_ Page I of I Agenda Item No. 1603t January 15, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D;11 Recomrnenjatior: tnat the Board Df C'Junty Cornmlssloners appT'V\'~S, 3nd authorizes the :~;halrman te S;Q:-) 2 !If.'tl agr~::~,'rnf';nt v,;:lll ~:anie! MunGZ an;1 F',csaiin2 T Munoz i,OwnC'r(~-~ for -ief,,:p'ai of 'i CiO')';~Jf Coliier COUnty impact fees. for ;:Jrl ownE"~r-oc:c:jt:_ned affoldabic housmg unit iC<:2ted at Lot ~'~L :_iber~y Landing ImnlOn-j!ee Meeting Date: ':ZOU2- BUG CiC l',M Prepared By '~inl, r-:_arrsc\, .~;, ilt' :' ':J:- cl i ~ 1 ~J ::,J , -";:ite ~:'uh1ic ~~8n!'(;.es ,,::,;:nr;;; b:,j~1 Hu,nan SC''''ilces 2/:2'i/2007 H',,,:UJ'; i>.hfI Appl"oved By !\fi<n-~:~ Fn.l t;bii,!e ;ji; ;-::lU~ ;'n(-;' ':>!f:)i;r. S"~ {;,:E$ - ; J ~<: F i \:; "':;1)07 L:>f\n '\f)pro,'ed By j',fFl;:V,j\, 'o;''''.~Hl',_;~;U: -..i:::Le SOUil!)' L,~;;H;e) ~j ;.,tv :: ~t:! :'~-!"., ~"'2S,'::~IC7 :i!',,;~ i"_h,r; Approved By [liarl;,' Ra",s.ey ?Ul)jIC SS1'vices Admrnistratc; Date Public Services Public Services AdrTHn. 1t2!2008 9;55 AM Approved By OMS Coordinator Applications Ana~Y5t Date Administrat1ve Services lnformatfon Technology 1f3t2008 9:07 AM A pproved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/3/2008 11 :01 AM Approved By JamesV. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/3120086:48 PM file://C:\AgendaTest\Export\98-January%20 15, %202008\ 16, %20CONSENT%20AGENDA \ I,,, 1/9/2008