Agenda 03/23/2010 Item #16D 2Agenda Item No. 1602
March 23, 2010
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign two (2) lien agreements
for deferral of 100% of Collier County impact fees for owner occupied affordable housing
dwelling units located in Collier County. Approval of this item will transfer previously
approved deferral agreements from developer to owner occupants with a continuing fiscal
impact of $37,817.56.
OBJECTIVE: To approve and authorize the Chairman to sign the attached two (2) lien
agreements for deferral of 100% of Collier County impact fees for owner occupied affordable
housing dwelling units located in Collier County. Approval of this item will trftft8fer previously
approved deferral agreements from developer to owner occupants.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impact fees for qualifIed affordable housing. Pursuant to this
program, applications for deferment were submitted by program participants, which applications,
after staff review, were determined to qualify for the program. Legal status has been verifIed and
documents are on file at the office of Housing and Human Services.
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 the County Manager to
sign deferral agreements with applicants qualifying for 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 routinely be placed on the consent agenda for
the Board's review, approval and Chairman's signature.
Approval of this agenda item will continue the deferral of 100% of Collier County impact fees
for the following owner occupied affordable housing dwelling units. Please note that these
agreements will transfer previously approved deferral agreements from developer to owner
occupants. As such, no new money is being deferred at this time.
Applicant( s) File Legal Descriptiou Deferral Deferral Being
Number Amount Renlaced
Charite Francois and 10-075-1F Naples Manor Extension $22,571.30 OR Book 4444
J oselene Pierre Lot 51 Block 4 Page 3038
Marie Jean Paul 10-072-IF Liberty Landing Lot 67 $15,246.26 OR Book 4514
Page 2816
FISCAL IMPACT: These agreements will continue to defer in total $37,817.56 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 if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
Agenda Item No. 16D2
March 23, 2010
Page 2 of 15
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's OffIce. It is legally suffIcient for Board action. - CMG
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign the attached
two (2) lien agreements for deferral of 100% of Collier County impact fees for owner occupied
affordable housing dwelling units located in Collier County. Approval of this item will transfer
previously approved deferral agreements from developer to owner occupants.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1602
March 23, 2010
Page 3 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1602
Recommendation to approve and authorize the Chairman to sign two (2) lien agreements for
deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling
units located in Collier County. Approval of this item will transfer previously approved deferral
agreements from developer to owner occupants with a continuing fiscal impact of $37,817.56.
3/23/2010 9:00:00 AM
Date
Prepared By
Frank Ramsey
Public Services Division
Manager. Housing Development
Human Services
3/8/2010 10:47:38 AM
Date
Approved By
Marcy Krumblne
Public Services Division
Director - Housing & Human Services
Human Services
3/8/2010 11 :09 AM
Date
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
3/8/2010 3:51 PM
Date
Approved By
Marla Ramsey
Public Services Division
Administrator - Public Services
Public Services Division
3/912010 3:39 PM
Date
Approved By
Kathy Carpenter
Public Services
Executive Secretary
Public Services Admin.
3/9/2010 4:01 PM
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
3/10/20109:34 AM
Date
Approved By
Sherry Pryor
Office of Management &
Budget
Managementl Budget Analyst, Senior
Office of Management & Budget
3/10/201012:00 PM
Approved By
Date
Jeff Klatzkow
County Attorney
3/12120102:38 PM
Date
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Office of Management & Budget
3/13/201010:36 AM
Agenda Item No. 16D2
March 23, 2010
Page 4 of 15
Return to
Frank Ramsey
Collier County HHS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 10-07S-IF
This space 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 23rd day of March, 2010, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Charite Francois and Joselene Pierre"
(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 terms 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 Twentv Two Thousand Five
Hundred Seventv One and 30/100 Dollars ($22.571.30) 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
terminate upon the recording of a release or satisfaction of lien in the public records of the
Agenda Item No. 1602
March 23, 2010
Page 5 of 15
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 otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the f'rrst 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 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 WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
~~
Assistant County Attorney
Recommend Approval:
I~~~ .J
. Marcy Krumbine, MPA
Director
Collier County Housing and Human Services
2
Agenda Item No. 1602
March 23, 2010
Page 6 of 15
WITNESSES OF BOTH SIGNATURES
~'7{~
Print Name t Pli'4- . 't(jr: ~e..
;~'7tJ
C 'te rancois
OWNER:
Witnesses: g ~
-7c:w-.
Print Name 1.10'. (~ - T'''-fi
~~.,.J..P~
se ne Pierre
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Areement was acknowledged before me this I '1- day of
T-flbr;:;-::1 20IO, by f. llt! 1< .r:: 4 t>~j""",.e , who is personally known to me or has
produced as proof of identity.
/?z, ~ ~
</?J7M r
Signature of Person Taking Ac owledgment
3
Agenda Item No. 1602
March 23, 2010
Page 7 of 15
EXHffiIT "A"
LEGAL DESCRIPTION
Lot 51, Block 4, Amended Plat of Naples Manor Extension, according to the map or plat thereof as
recorded in Plat Book 3, Page(s) 101, Public Records of Collier County, Florida.
STREET ADDRESS
5465 Collins Street, Naples, Florida 34113
EXHIBIT "B"
lMPACTFEEBREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$112.46
B. Correctional Facilities Impact Fee
$122.36
C. Library Impact Fee
$503.49
D. Community Parks Impact Fee
$1,075.25
E. Regional Parks Impact Fee
$2,378.20
F. Educational Facilities System Impact Fee
$9,026.12
G. Road Impact Fee
$8,247.62
$796.05
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
$309.75
TOTAL IMPACT FEES
$22,571.30
4
Agenda Item No. 16D2
March 23, 2010
Page 8 of 15
Return to
Frank Ramsey
CoIlitr County HIlS
3301 E. Tamiami Trail
Naples, Florida 34112
File# 10-072-IF
This space 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 23'd day of March, 2010, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Marie Jean Paul" (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 terms of the Ordinance
shall apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term ofthis 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 Fifteen Thousand Two
Hundred Forty Six and 261100 Dollars ($15.246.26). 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
terminate upon the recording of a release or satisfaction of lien in the public records of the
Agenda Item No. 16D2
March 23, 2010
Page 9 of 15
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 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 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 WHEREOF, the Parties have executed this Agreement on the date and year fIrst
above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
c1e~
R=:d~L :-
~bm', ~
Director
Collier County Housing and Human Services
Assistant County Attorney
2
WITNESSES
Print Name
~.i.. i /2 -iI:
. ~
nt ame AJ /,,,/{.(. f<- ~1J rt- - '
Agenda Item No. 16D2
March 23, 2010
Page 10 of 15
O~R~ \ ~J ~ t\ \j\,
Marie Jean Paul
OWNER:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreemypt was acknowledged before me this ~ day of Il. i'J h 12M /l..,
2010, by fY)(j.JJl.L g. f111M.J , who ~perSOnallY known to mb~ d .
as proof of identity.
[NOTARIAL SEAL]
l~"'~ Notary Public. Stale of Florida
. . Anna Vid.urrl
\;o,,...di ~~SC:O~~S.9401
3
Agenda Item No. 1602
March 23, 2010
Page 11 of 15
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 67, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
3792 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type oflmpact Fee
Amount Owed
A. EMS Impact Fee
$1l6.06
8. Correctional Facilities Impact Fee
$190.61
C. Library Impact Fee
$424.14
D. Community Parks Impact Fee
$862.50
E. Regional Parks Impact Fee
$1,907.85
$3,343.68
F. Educational Facilities System Impact Fee
G. Road Impact Fee
$7,725.00
H. Government Building Impact Fee
$482.59
I. Law Enforcement Impact Fee
$193.83
TOT AL IMPACT FEES
$15,246.26
4
Agenda Item No. 16D2
March 23, 2010
Page 12 of 15
Official Receipt - Collier County Board of County Commissioners
CDPR1103. Official Receipt
Trans Number
890713
Date
5/13/200910:03:17 AM
Post Date
5/13/2009
Address: 5465 COLLINS AVE
Owner: HABITAT FOR HUMANITY OF COA #: 09-0081
Permit Type: BR2 Job Desc: FRAMED S/F DET 1 STY-IMMOKALEE "A" 3/1
Applicant: HABITAT FOR HUMANITY-NICK
DBA:
Swr Meter: SC Wtr Meter: CC
IO-O:r5-IP
Payor: HABITAT FOR HUMANITY OF COLLIER
Fee Information
Fee Code Des~on ~~ ......-- ,.-- Waived
GL Account Amount
08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $5.66
08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $608.56
08CPSF COMM PK IMPACT FEE S/F 34611636336351031346 $1075.25 Yes
08EMSF EMS IMPACT FEE S/F 35014047036351031350 $112.46 Yes
08ENIM EAST NAPLES FIRE IMPACT 11300000020982000000 $249.04
08GBSF GOVT BLDG IMPACT FEE S/F 39012223136351031390 $796.05 Yes
08JLSF JAIL IMPACT FEE S/F 38111043036351031381 $122.36 Yes
08LBSF LIBRARY IMPACT FEE S/F 35515619036351031355 $503.49 Yes
i 08LWSF LAV{ Ei'!F IMPA_CIEi::E S/F 38511043336351031385 $309.75 Yes
08MFSG MICROFILM SURCHARGE 1'~1~Rq0034144?9P900 -~ $5.10
08RDGS BLDG. PERMIT SURCHARGE 1 $5.66
08RPSF REG PK IMPACT FE_E~_f).IF:_..._~ : $2378.20 Yes
08SCHI SCHOOL BOARD IMPACT FEE $9026.12 Yes
08SFR4 DIST 4 ROAD IMPACT FEE~SINGLE $8247.62 Yes
08TROP TRANSPORTATION R.OW. PERMIT $200.00
11PLNRV ZONIr:,JQf'LAN RE\lI!=W-PLANNING $125.00
12SITE SITE INSPECTION-ENGINEERING $150.00
42MTTP COLJr:,JJY METE_RJAP CHARGE ( 1 ~ Cl 75 . ') $779.00
~gc--~cE:R~YSTEM c;HARGE 1 12' !, Ie -,. $3495.00
42WSDC WATER SYSTEM CHARGE I 'l '9 0 '1.5 $3575.09
J)!l]6Q!L~Q.J:>~RMIT APp~FEECREDIT $-169.80
12.) .. $9028.22
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Collier County Board of County Commissioners
CD~Pfus for Windows 95/NT
Printed:2/19/2010 9:17:53 AM
Agenda Item No. 16D2
March 23, 2010
Page 13 of 15
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
890713
Date
5/13/200910:03:17 AM
Post Date
5/13/2009
Payments
Total Cash
Total Non-Cash
$90~~:~~ I
$9028.22 I
Account/Check Number
12467
Total Paid
Memo:
Cashier/location: LEVYMIKE / 1
User: POTTER_ T
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:2/19/2010 9:17:53 AM
Agenda Item No. 16D2
March 23, 2010
Page 14 of 15
Official Receipt - Collier County Board of County Commissioners
CDPR 1103 - Official Receipt
Trans Number
916470
Date i Post Date
12/18/200910:00:11 AM 12/18/2009
Address: 3792 JUSTICE CIR
Owner: HABITAT FOR HUMANITY COA #: 06-0220
Permit Type: BR2 Job Desc: i-STY S/F A TT 3/1 VI LLA
Applicant: HABITAT FOR HUMANITY
DBA:
ID- O=fZ-IF
Swr Meter: IMM Wtr Meter: IMM
Payor: HABITAT
Fee Information
---~------~..._. -.--r.~...
Fee Code Description . ... .... GL Account Amount Waived
08BCAI rsfDGCODECER-T~ SURCHARGi .11300000020882000000 $6.46
08BPNP BLDG PERMITS - NAPLES ! 11313890032211000000 $608.56
081MFF IMMOKALEE FIRE IMPACT -- . !11300000020985000000 $1435.23
08MFSG MICROFILM SURCHARGE . -.T11313890034144200000 $5.82
08RDGS BLDG. PERMIT SURCHARGE .11300000020880000000 $6.46
. -
09CPMF ,COMM. PARKS M/F IMPACT FEE : 34611636332410431346 I $862.50 Yes
09EMMF T EMS M/F IMPAcTFEE-- .... ; 35014047032410431350 $116.06 Yes
09GBMF IGOVT SLDG ri.iiFJf\1E.f\CTE.EE -=:':_)39012223132410431390 $482.59 Yes
09JLMF ,JAIL M/F IMPACT FEE___._:~.111043032410431381 $190.61 Yes
.09LBMFI LIBRARY M/FIMPACTFEE .35515619032410431355 _.,'-- $424.14 Yes
~_ J tAW.I=.NF _M/FIM};ACTE~E.. ... .... !385j 1043332410431385 $193.83 Yes
09MFR5,--j ROAD M/F D5 IMPACT FEE ~3916365932410431339 $7725.00 Yes
~- -i~2~t&~~~~~lr&C;{F..EE. ..- ._-ooo^'0431346 $1907.85 Yes
11PLNRV I ZONING PLANREVIEW-PL,hNNING t $3343.68 Yes
$125.00
11PUDM ! PUD MONITORING FEE -. $100.00
12SITEI~TE INSi'-E-cTic5N~Et'JGINEERI NG -- $150.00
; 08BACR Sl,DGc!,ERMIT AP.F'c.f.l=.[::~p~DIT a b? . ,j '"' $-193.95
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CD-Plus for Windows 95/NT
Printed:2/19/2010 9:16:56 AM
Agenda Item No. 16D2
March 23, 2010
Page 15 of 15
Official Receipt - Collier County Board of County Commissioners
CDPR 1103 - Official Receipt
Trans Number
916470
Date Post Date
12/1812009 10:00: 11 AM 12/18/2009
Payments
Total Cash
Total Non-Cash
$22:~:.~g I
$2243.581
Account/Check Number
14232
Total Paid
Memo:
Cashier/location: LEVYMIKE / 1
User: POTTER_T
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:2/19/2010 9:16:56 AM