Loading...
Agenda 06/22/2010 Item #16D 4 Agenda Item No. 1604 June 22, 2010 Page 1 of 13 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 $30,492.52. 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 transfer 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, wcre 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 thc 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) Esmeralda Rodri ez Crisla Jose h File Number 1O-084-1F lO-083-IF Legal Descripti .. Lot}_:J1 Libe,!x: La Lot 66 Libert)' Lan T Deferral Deferral Being on Amount ReDlaced nding- $ 1 5,246,26 OR4514PG2840 dino $15,246.26 OR 4514 PG 2792 ~--- FISCAL IMPACT: These agreements will continue to defer in total $30,492.52 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. - LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. It is legally sufficient for Board action. m CMG Agenda Item No. 1604 June 22. 2010 Page 2 of 13 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 a~'feements from developer to owner occupants. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Item Number: Item Summary: Meeting Date: Agenda Item No. 1604 June 22, 2010 Page 3 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D4 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 $30,49252. 6/22/20109:00:00 AM Prepared By Frank Ramsey Public Services Division Manager - Housing Development Date Human Services 6/7/20101:18:17 PM Approved By Marcy Krumbine Public Services Division Director - Housing & Human Services Date Human Services 6/7/20102:09 PM Approved By Colleen Greene County Attorney Assistant County Attorney Date County Attorney 617120103:47 PM Approved By Kathy Carpenter Public Services Executive Secretary Date Public Services Admin. 6/9/201010:34 AM Approved By Marla Ramsey Public Services Division Administrator. Public Services Date Public Services Division 6/9/201011 :19 AM Approved By OMS Coordinator County Manager's Office Date Office of Management & Budget 6/9/20103:53 PM Approved By Jeff Klatzkow County Attorney Date Approved By 6/10/201010:21 AM Sherry Pryor Office of Management & Budget Management! Budget Analyst, Senior Date Office of Management & Budget 6/10/2010 5:21 PM Approved By Leo E. Ochs, Jr. County Managers Office County Manager Date County Managers Office 6/10/20106:04 PM Agenda Item No. 1604 June 22.2010 Page 4 of 13 Official Receipt - Collier County Board of County Commissioners COPR 11,13 - Official Receipt --. --. -" Tr 8n, Nl!'nber , Oate -112/18/20099:52:20 AM Post Oale 12/18/2009 L~~! g~9~_ ____ Adoress: 3787 JUSTICE CIR Owner: HABITAT FOR HUMANITY COA#: 06-0220 ?emit Type: BR2 Job Desc: 1-STY S/F ATT 3/1 VILLA (,pp"can' HABITAT FOR HUMANITY UBA lO-DoY -IF Swr Meter iMM Wtr Meter: IMM Payor: HABITAT Fee Information -Fee CodeTc , 08BCAll~ . a8BPflJE__~ 081MFF i)SMEsGl- I U8ROGS Q9CPMF 09EMMF --..---- 09GBMF ..1_ 09AM[ -! OSLElJv1E'j_ 09LWMF ----.- - ~i~~;[j 11PLN~ 11PUOM , ''2SifE' - rb8~ACR ---- ----..-..-. ---~.-,------ OescriQtion GL Account Amount Waived BLOG.COOE CERT. SURCHARGE 11300000020882000000 $6.46 _~Qc;..l'E~MITS - NAPLES 11313890032211000000 $608;56 IMMOKALEE FIRE IMPACT 11300000020985000000 $1435.23 MICROFILM SURCHARGE 11313890034144200000 $5.82 BLDG. PERMIT SURCHARGE 11300000020880000000 $6.46 COMM. PARKS M/F IMPACT FEE - 34611636332410431346 $862.50 Yes EMS M/F IMPACT FEE 35014047032410431350 $1113.06 Yes GOVT BLOG M/F IMPACT FEE 39012223132410431390 $482.59 Yes JAIL M/F IMPACT FEE 38111043032410431381 $190.61 Yes LIBRARY M/F IMPACT FEE 35515619032410431355 $424.14 Yes LAWENEMLF IMPACT FEE 38511043332410431385 $193.83 Yes ROAO_M/EQ? IMPACT FEE 33916365932410431339 $7725.00 Yes REG~PARKS M/F IMPACT FEE 34611636332410431346 $1907.85 Yes SCHQQL lME~GI. FEE 113000000209050000000 $3343.68 Yes ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125.00 Pl,JD_M9NITORING FEE __ j~J13890432248900000 $100.00 31TE LIiSPECTION-ENGINEERING i 13113832732249000000 $150.00 BLOG. PERMIT APP. FEE CREOIT 111313890032251000000 $-193.95 . .,!,otaL_____ $2243.58 ., 36'2.5'1. 1 1 6 . a 6 + 482'5'h 190" 61+ 424"14+ J93.83+ 7 , 7 2 5 . a'" 1.107,85+ 3,343'60+ -. ;~'-:c,:-;tnut'~' / 009 Collier County Board of County Commissioners CO-Plus for Windows 95/NT 1 5 , 2 4 6 . :> 6 ~ Printed:6/2/2010 8:28:21 AM Agenda Item No. 1604 June 22, 2010 Page 5 of 13 Official Receipt - Collier County Board of County Commissioners COPR1103 - Official Receipt Trans Number 916475 Oate Post Oate 12/18/200910:10:14 AM 12/18/2009 . Address: 3788 JUSTICE CIR Owner: HABITAT FOR HUMANITY COA#: 06-0220 Permit Type: BR2 Job Desc: 1-STY S/F ATT 3/1 VILLA Applicant: HABITAT FOR HUMANITY OBA: IO-O~-1 F Swr Meter: IMM Wlr Meter: IMM Payor: HABITAT Fee Information , Fee Code Descrintion GL Account 'Amount, Waived 08BCAI BLOG.CODE CERT. SURCHARGE 11300000020882000000 " .' $6.46 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $608.56 081MFF IMMOKALEE FIRE IMPACT 11300000020985000000 $1435.23 08MFSG MICROFILM SURCHARGE 11313890034144200000 $5.82 08RDGS BLDG. PERMIT SURCHARGE 11300000020880000000 $6.46 09CPMF COMM. PARKS M/F IMPACT FEE 34611636332410431346 $862.50 Yes 09EMMF EMS M/F IMPACT FEE 35014047032410431350 . $116.06 Yes 09GBMF GOVT BLDG M/F IMPACT FEE 39012223132410431390 $482.59 Yes 09JLMF JAIL M/F IMPACT FEE 38111043032410431381 $190.61 Yes 09LBMF LIBRARY M/F IMPACT FEE - 35515619032410431355 $424.14 Yes 09LWMF LAW ENF M/F IMP~CT FEE 38511043332410431385 $193.83 Yes 09MFR5 ROAO M/F D5 IMPACT FEE 33916365932410431339 $7725.00 Yes 09RPMF REG. PARKS M/F IMPACT FEE 34611636332410431346 $19Q7.fl5 Yes 09SCHI. SCHOOL IMPACT FEE 113000000209050000000 $334.3.66 Yes 11 PLNRV ZONING PLAN REVIEW-PLANNING 13113832634399000000 $125:00 11PUOM PUO MONITORING FEE 13113890432248900000 $100.00 12SITE SITE INSPECTION-ENGINEERING 13113832732249000000 $160.00 08BACR BLDG. PERMIT APP. FEE CREOIT_ 11313890032251000000 $C193.96 . Total $2243.58: C' I I ~ 862'5<)+ 1 16' 06;. 482'5':+ 190.61 + 42"'14+ 193' il 3 + 7.725''10+ 10907.85+ 3,343'(,6, /' Collier County Board of County Commissione CO-Plus for Wmdows 95/NT 009 Printed:6/2/2010 8:27:19 AM J 5 , 246 . 26' . \. ""." Agenda Item No. 1604 June 22, 2010 Page 6 of 13 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10-084-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 22nd day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Esmeralda Rodriguez" (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, kno\'o'll 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 Fifteen Thousand Two Hundred Fortv Six and 261100 Dollars ($15.246.261. 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. 1604 June 22, 2010 Page 7 of 13 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 neeessary 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: ~.:.: '::'::: ,I?WIGHT E. BROCK, Clerk ~ .. , " .,.... y. , Deputy Clerk '" BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 06/22/2010 FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~~ Colleen Greene Assistant County Attorney Recommend Appr cy Krumbine, M A Director Collier County Housing and Human Services 2 WITNESSES Witnesses. Wi,!qesses: /J " ('c.'~'u, Print Name Of JY'l C< .~ Lon] - ,.\?;u , STATE OF FLORIDA COUNTY OF COLLIER Agenda Item No. 1604 June 22, 2010 Page 8 of 13 OWNER: e()nQAaD.-..O ~.~ Esmeralda Rodriguez U OWNER: day of to me or 2010, The ~e~CknOWledged before . by7;; 'r-~h s ersonally know . . .. 0 as proo 0 1 entIty. [NOTARIAL SEAL] .~~~. l"'~~. Notary PUb. liC. State of Florida . . Anna Vidaurri ~ ~ (" ,i My CommissIon DDB49401 ~ ~O'f\.d" Expires 12/3012013 ~ roduced 3 Agenda Item No. 16D4 June 22. 2010 Page 9 of 13 EXHIBIT "A" LEGAL DESCRIPTION Lot 131, 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 3787 Justice Circle, Immokalee, FL 34142 EXlllBIT "B" IMPACT FEE BREAKDOWN Type oflmpact Fee Amount Owed A. EMS Impact Fee $116.06 B. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 G. Road Impact Fee $1,907.85 $3,343.68 $7,725.00 $482.59 E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15, 246.26 4 Agenda Item No. 1604 June 22, 2010 Page 10 of 13 Return to Frank Ramsey Collier County "US 3301 E. Tamiami Trail Naples, Florida 34112 File# 10-083-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 22nd day of June, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Crisla Joseph" (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 Fifteen Thousand Two Hundred Forty Six and 26/1 00 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 1 Agenda Item No. 1604 June 22, 2010 Page 11 of 13 County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impaet 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, eolleet the impact fee amount in default as set forth in the Ordinance, or bring a eivil 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 offieial 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: J.. ',''':<>~WIGHT E. BROCK, Clerk ....By. . . " '. ". . , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 06/22/2010 FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: UJiRj1JA}dwf2/~_L Colleen Greene Assistant County Attorney Recommend Ap oval: /I ~..J "'Marcy Krumbme, MPA Director Collier County Housing and Human Services 2 Agenda Item No. 1604 June 22, 2010 Page 12 of 13 WITNESSES Witnesser ~ .Av'-..--/'''--- Print Name 7's-rhGo,' At -\-y... ,,( OWNER: C/)A~h\ :Hf/Il Crisla Josep J OWNER: ~n:0:~ 1i ~ rmtNameNor.'}..... '",,- STATE OF FLORIDA COUNTY OF COLLIER [NOTARIAL SEAL] oi~ ~ or has ~ The 2010, by 'V ~ Notary Public Ste1e 01 'Flonda ~ Anne Vidaum My commiSSIon DOf;l49AO' EllpiraS 12/301201'3 ) : f~""i"<... . . "" ,f ~o,"'O' ...,. 3 , Agenda Item No. 1604 June 22, 2010 Page 13 of 13 '; EXHIBIT "A" LEGAL DESCRIPTION Lot 66, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records 9fCollier County, Florida STREET ADDRESS 3788 Justice Circle, 1mmokalee, FL 34142 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $116.06 B. 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 F. Educational Facilities System Impact Fee $3,343.68 G. Road Impact Fee $7,725.00 $482.59 H. Government Building Impact Fee 1. Law Enforcement Impact Fee $193.83 TOTAL IMPACT FEES $15, 246.26 4