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Agenda 12/16/2008 Item #16D 6 Agenda Item No. 16D6 December 16, 2008 Page 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Kenold Pierre and Marie Gertrude Pierre (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 40, Liberty Landing, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Kenold Pierre and Marie Gertrude Pierre for deferral of 100% of Collier County impact fces for an owner-occupied affordable bousing 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 Kenold Pierre and Marie Gertrude Pierre, which application, alter staff review, was determined to qualify for the program, Legal status has been verified and documents are on file at the of1ice of Housing and Human Services, The property is located in the Liberty Landing subdivision in lmmokalee. 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 practicc. The ordinance, however, gives tbe County Manager dL~cretion in whether to enter into the Agrecment. Accordingly, in keeping with recent dL~cussion and direction by the Board, the County Attorney's OtTice has determined that until directed otherwise by the Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chailman's signature. FISCAL IMPACT: This agreement 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 it; or when, this would oecur. 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 sueh ex parte disclosure is not required. This item requires majority vote only. This item is legally suf1icient 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 Kenold Pierre and Marie Gertrude Pierre located at Lot 40, Liberty Landing, lmmokalee. ~ PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Agenda Item No. 1606 December 16, 2008 Page 2 of 6 Return to Frank Ramsey Collier County HHS 330] E. Tllmlami Trail Naples. Florida 34112 File# 09-042-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~ay of December, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Kenold Pierre and Marie Gertrude 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 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%) ofthe 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. 16D6 December 16, 2008 Page 3 of 6 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: TOM HENNING, CHAIRMAN , Deputy Clerk ,.- - . WITNESSES AS TO BOTH SIGNATURES Witnesses: , , 'f)O./i-t1.1l. (l{(ta{{.~dc, Print Name (fiOri-hfl. /4 i liar (,u.I.J :~:;fJ/!,/Iff~ STATE OF FLORIDA) COUNTY OF COLLIER) The 2008, by rzA MY OOM\ll$~'nN .IlDl-' f:XPIH~' ~N'JI" 11.J)10 ft,....~.....c.. Approved as to form and legal sufficiency: ~g,~ Colleen Green~ Assistant County Attorney Agenda Item No. 16D6 December 16, 2008 Page 4 of 6 ~ y ''/ Kenold Pierre I-p ;/).. (/ -- OWNER: fl-a).~c>;J,'l~ Marie Gertrude Pierre knowledged before me this -111- day of 1v10l! , '. Q;-ho is personally known to me or has produced as pr of of identity, Si ture of Person Taking Acknowledgment Recommend Approval: ~. "1.~ ~ / arcy Krum ine, MP A Director Collier County Housing and Human Services Agenda Item No. 1606 December 16, 2008 Page 5 016 EXHIBIT "A" LEGAL DESCRIPTION Lot 40, 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 3684 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee Amount Owed TOTAL IMPACT FEES $ 100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $12,442.46 B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee Page I of 1 Agenda Item No. 1606 December 16, 2008 Page 6 01 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1606 Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Kenold Pierre and Marie Gertrude (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 40, Liberty Landing, lmmokalee, Meeting Date: 12/16/2008 9:0000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 11/24/20088:34:24 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 11/24/200811:44 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 11/25/20084:14 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 11/25/20084:55 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12/1/200810:35 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/2/2008 2:34 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/4/20088:08 PM Commissioners file://C:\AgendaTest\Export\ 118_Decernber%2016,<Yo202008\16.%20CONSENT%20AGE... 12/1 0/2008