Agenda 09/09-10/2008 Item #16D15
I N'~~?iIT;~
, ,<,(,-1
I-,.~.~'=:.~
({p trs
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Irette Augustin (Owner) for deferral of 100% of Collier
County Impact fees for an owner-occupied affordable housing unit located at Lot 104, Liberty
Landing, Immokalee.
Prepared By:
Department
Date
Housing and Human Services
8/7/200810:31:59 AM
Approved By:
Department Approval
Public Services Approved
Date
8/12/2008 1 :35 PM
Approved By:
Department
Approval
Date
/
I~
County
Manager's Office Approved
8/19/2008 9:13 AM
ATTACHMENTS:
Name:
Dl Executfve SUml11iitY....:
Qml~
[J Au.g,ustin Aareement.odf
Description:
Type:
Irette Augustin IFD - Executive Summary
Executive Sum mary
Irette Augustin IFD - Agreement
Exhibit
.~
{?!::hJ~ .'\ lTt:~~
! ,JGl)~1fnR I
" ': ~24-~=J
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Irette Augustin (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
104, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Irette Augustin.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 fees for qualified affordable housing. Pursuant to this
program, an application for deferment was submitted by Irette Augustin, which application,
after staff review, was 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 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 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 Chairman'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 if, or when, this would occur.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: The Agreement has been approved for legal sufficiency. It is
ready for Board consideration and approval. CG
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 DwellingUnit for Irette Augustin located at Lot ]04,
Liberty Landing, Immokalee.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
~I=M"'" 'TCPI"
I [)/5
,.'.'-~' (c "1100
. 'd~" ;" I,; ;~' !. , u
Rc:turnto
l.rnkRamsey
Collier Countv HHS
3301 E. T.ml~mj TrllU
Nllples, F10ridll 34112
1;-1(";,
File# 08-216-IF
This Splice for retording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this i f1ly of September, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Irette Augustin" (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 he 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 46/1 00 Dollars ($12.442.46). Repayment shall include any accrued
interesL Interest shall be computed at the rate of five percent (5%) per annwn, 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
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 othervvise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otheIV.'ise 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
n~l\'-'-I
'Tt='fo/:
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: j
~Q.~~
Print Name o.~ -Alvo.ro.Jo
OWNER:
~hvih fhA.OA/.4.~
Irette Augustin
OWNER:
~
Print ame ~~ /
STATE OF FLORIDA)
COUNTY OF COLLIER)
The fore!tng At,ement was ~cknowledged before me this ;;i.o. day of ~ '
2008, by \'{J -e t..~' --X\..",-, who is personally known to me or has pro ced
as proof of identity.
AGNES MENDOZA
t ~~ MYCOWNSSSIOIHID05~7
...,.; EXPIMS:~I2.2010
""::'<)TAlIV P\......"Dioc<u>I_C<>
tiJ- ~
arcy Krumbine, MP A
Director
Collier County Housing and Human Services
EXIllBIT "A"
,
LEGAL DESCRIPTION
Lot 104, Liberty Landing, according to the plat thereof,
as re<orded in Pl.t Book 47, Pages 71 through 73,
inclusive, uftbe Public Records oreollier County, Florida..
STREET ADDRESS
3639 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMP ACT FEE BREAKDOWN
Type ofImpact Fee
A. EMS Impact Fee
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
1. Law Enforcement Impact Fee
TOTAL IMPACT FEES
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.46
r-
\Gl=~""" ,
FIll
S~~Jr708