Agenda 01/27/2009 Item #16D 7
Agenda Item No. 16D7
January 27, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Jean Baptiste Sergot Souverain and Marie Edith
Souverain (Owners) for deferral of 100% of Collier County impact fees for an owner-
occupied affordable housing unit located at Lot 38, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Jean Baptiste Sergot Souverain and Marie
Edith Souverain for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit.
CONSIDERA TIONS: 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, an application for deferment was submitted by Jean Baptiste Sergot Souverain and
Marie Edith Souverain, which application, after staff review, was determined to qualify for the
program. Legal status has been verified and documents are on tile at the office of Housing and
Human Services. The propcrty is located in the Liberty Landing subdivision in 1mmoka1ee. The
property is being developed by Habitat for Humanity of Collier County.
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, howcver, gives the County Manager
discretion in whether to entcr 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 agrcement defers $12,442.46 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. This item is not quasi judicial, and as such ex pmie disclosure is not
required. This item requires majority vote only. This item is legally sufficient for Board
approval. - CMG
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 Unit for Jean Baptiste Sergot Souverain and
~. Marie Edith Souverain located at Lot 38, Liberty Landing, 1mmokalee.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Agenda Item No, 16D7
January 27, 2009
Page 2 of 6
Return to
Frank Ramsey
ColUer County HIlS
3301 E. Tamiami Trail
Naples. Florida 34112
File# 09-064-IF
Thls space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
u+~' ~().f\W;t^/ ~"i
This Agreement is entered into this ~ day of );)~~ombcr, ~ between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Jean Baptiste Sergot Souverain and
Marie Edith Souverain" (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:
I. 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 Twelve Thousand Four
Hundred Fortv Two and 46/100 Dollars ($12.442.46). 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 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
Agenda Item No. 16D7
January 27, 2009
Page 3 of6
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 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:
, CHAIRMAN
, Deputy Clerk
Agenda Item No. 16D7
January 27,2009
Page 4 of 6
WITNESSES AS TO BOTH SIGNATURES
OWNER:
Witnesses: _
'-f'(\o.W,(L (H.-UQ,\CJ,o
Print Name nIQ,li)~ A\"'(V"o,,do
o 0
'J.1€an~JZC: ~S- 5OLLi/~Yl
Jean Baptiste ergot Souver
w.m$
Print e oJ tfl(iJ
OWNER:
~~1~r\,;+ H <;~O.[/8ti?A\ N
Marie Edith Souverain
STATE OF FLORIDA)
COUNTY OF COLLIER)
owledged before me this a5 day of NtrJ ,
. 0 is personally known to me or has produced
as proof of identity.
[NOTARIAL SEAL]
It' Ai
MY OOMMISSIIlN # ooJ94447
,~::',;' WOlliI,~12.291O
S4OlIoUlOTAlVl"l Nbt,1liIaaDnI Mitt. &I.
Approved as to orm
and legal sufficiency:
C~~
Colleen Greene
Assistant County Attorney
a)
Recommend Appr val:
LJ
cy Krwnbin, P A
Director
Collier County Housing and Human Services
Agenda Item No. 16D7
January 27,2009
Page 5 of 6
EXHIBIT" A"
LEGAL DESCRIPTION
Lot 38, 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
3672 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $100.59
B. Correctional Facilities Impact Fee $62.08
C. Library Impact Fee $368.18
D. Community Parks Impact Fee $750.00
E. Regional Parks Impact Fee $1,659.00
F. Educational Facilities System Impact Fee $2,862.00
G. Road Impact Fee $6,059.00
H. Government Building Impact Fee $410.00
1. Law Enforcement Impact Fee $171.61
TOTAL IMPACT FEES $12,442.46
J.
Page 1 of 1
Agenda Item No. 16D7
January 27, 2009
Page 6 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D7
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Jean Baptiste Sergol Souverain and Marie Edith
Souverain (Owners) for deferral of 100% of Collier County impact fees for an owner~occupied
affordable housing unit located at Lot 38. Uberty Landing. lmmokalee.
Meeting Date: 1/27/200990000 AM
Prepared By
Frank Ramsey SHIP Program Coordinator Date
Public Services Housing and Human Services 1/8/20099:27:48 AM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human Services 1/91200910:51 AM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 1/9/200912:24 PM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 119/20092:28 PM
Approved B)'
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 1/13120095:43 PM
Approved By
OMS Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 1114/200911:07 AM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 1/141200911 :30 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 1/14120095:01 PM
Commissioners
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1/21/2009