Agenda 01/15/2008 Item #16D32
Agenda Item No. 16032
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 Raul Mendoza Arroyo and Lidia Aguilar
Mendoza (Owners) for deferral of 100% of Collier County impact fees for an owner-
occupied affordable housing unit located at Lot 24, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agrecment with Raul Mendoza Arroyo and Lidia Aguilar
Mendoza for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fecs fcn qualif1ed affcJrdable housing. Pursuant to this
program, an application f'lr deferment was submitted by Raul Mendoza Arroyo and Lidia
Aguilar Mendoza, which application. alter stalT review, was determined to qualify I{)r the
program. Legal slalus has becn veri/led and documents are on f1le at the office of Housing and
Human Services, The propeliy is iocated in the Liberly Landing subdivision in Immokalec.
~
The ordinance requircs that a licn agreement he entered into with the applicant as a condition of
deferral of the impact fees, Section 74-40 I (3) of the Code authorizes Ihe County Manager to
sign deferral agreements with applicants qualifying fi)f 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 determined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chainnan's signature.
FISCAL IMP ACT: This agreement defers $ J 2,442,46 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon Ihe sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMP ACT: None,
LEGAL CONSIDERA nONS: 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 Raul Mendoza Arroyo and Lidia
Aguilar Mendoza located at Lot 24, Liberty Landing, Immokalee,
----
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Agenda 11em No. 16032
January 15, 2008
Page 2 of 5
Rdurnto
FrankRamllt'Y
cOmuCouQtyllllS
3301 E. Tllmlam[ Trail
Nlp!es,Florida34111
File# 08-076-IF
This splice 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 )Bt!!aay of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Raul Mendoza Arroyo and Lidia
Aguilar Mendoza" (O'\VNER), collectively stated as the "Parties."
NOW, THEREFOREj 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 "'f11e Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict \\rjth this.-Agreement, the terms of the Ordinance
shall apply.
The legal description of the dwelling unit is attached as Exhibit "A."
,
3. The tenn of this Agreement is [rom 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 he 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 ($12.442.46), Repayment shall jnclude 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
COlUlty.. 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 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
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 panies 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
Agenda Item t'>lo. 16032
January 15, 2008
Page 3 of 5
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
aoo\.'e written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLlER COUNTY, FLORIDA,
By'
By:
_ Deputy Clerk
JAMES COLETTA, CHAIRMAN
OWNER:
Witnesses:
~~ 1U.u~>;;;;L--
Print Name t-1o,*",,- 14-l""
B/}--()! Yi1 fCNcl621l
aul Mendoza Arroyo'
/i/7/16YO
OWNER:
U/rJ- A ~'Ji!Q"Y Mrl>1do (C\,
Lidia Aguilar M ndoza
STATE OF FLORIDA)
COUNTY OF COLLIER)
20 7
ackno ledged before mc this fl day of fJt, ~
. .who is personally known to me 0 has produced
as proof of identity.
[NOTARIAL SEALl
"....", AGNES MENDOZA
..W. MY COMMISSION It DD59<<47
~ EXPIRES:~I2.20JO
......;I.tIOTAA... Pl.NoI>o)<~.......c...
Recommend Approval:
id~ -L
Director
Collier County Housing and Human Services
Agenda Item No. 16032
January 15, 2008
Page 4 of 5
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 24, Liberty Lauding, according to the plat tbereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of tbe Public Records of Collier County, Florida.
STREET ADDRESS
3616 Justice Circle, Immokalec, Florida 34142
EXHIBIT "R"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$100.59
I). Community Parks Impact Fec
$62.0S
$36S J S
$750.00
B. Correctional Facilities Impact Fee
C. Library Impact Fee
E. Regional Parks Impact Fce
F. Educational Facilities System Impact Fce
S 1 ,659.00
S2,S62.00
$6,059.00
G. Road Impact Fec
H. Govenmlent Buildings Impact Fee
J. Law Enforcement Impact Fee
TOTAL IMPACT FEES
$410.00
$171.61
$12,442.46
JAK Approved _1_/_
Page I of I
Agenda Item No. 16032
January 15, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16032
Item Summary:
r::::.E'(:ommBlldaiic,n that the Board of Count) CO~'lmISSIOrlerS af'pIT\\leS, and authori?€s the
Chairman \0 :'~lgl',.4 It0n ag:.aernent Wit!l Raul fv1endc,za ';I'~:)y{) and Lidia Agui:a; Mendoza
<)\Nfl0rs:. br lefer,;~! of I'JC)D/~ of Collier County Imp3ci fee~, for ar owner-occupied affordable
h~K!sing unit !:Jcated 2: .J: ::ij Uberty LanJing inrnokaiee
Meeting Date:
. '1 :)/20U3 S")C:UC .DJ\~
Prepared By
".~r,;f1k F.otl:tsr,'j
~:.M~P :-'~O~-F2rY: C 'i:,dilk~tCY
.,~;-0
;;;"ut)!i(:: ~;ervi(;C1~_'
Hcu,':
::1'1(: ,i~~:'t2i' :.:~ety~:;:e~-
L?:2'U2007 1D:44:59 tdlli
AI)proved By
rV~af',~;Y f':r~'f1,b:n€
^n:'('ctor
:,;8:",
:';'ublic ,S:",;f"vi,c''i'_
.,;;,~!;'.j[<q ':;, "'Ii '-',
.",,;-,.,,;
') :/ "~II" [I ~ ,;. I: ,:: ~i ill!
Approved By
'<;;_;'tLf:.~)\I\;
'-~(::.;i'c"'
):;;je,
Coejtmt\' /\ttorne'c'
, 'i U ("rL;~ '''>f.ic:~.
2/28!2DI)7 ',(} ,: S iUt/!
A,pproved By
rif:ar~a Ramsey
Public Services p..drninistrc;tor-
U2Ite
Pub!ic Services
Public Services Admin.
1/2/20089:58 AM
Approved By
OMS Coordinator
Applications Analyst
Date
t,dminrstrativ€ Services
lnfonnation Technology
1/3(20089:07 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/3/2008 11 :05 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/3120086:50 PM
file://C:\AgendaTest\Export\98-January%20 15, %202008\ 16.%20CONSENT%20AGENDA \ I... ] /9/2008