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Agenda 09/09-10/2008 Item #16D43 'GE"''"!,l\ 'T!,,:~' j'jt[&$ l ~~, S~~iJ!~.~J ((P b 43 Recommendation that the Board of County ComniisSic5ilers approves, and authorizes the Chairman to sign, a lien agreement with Jean Napoleon and Chiirgimene Napoleon (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 37, Trail Ridge, East Naples, Prepared By: Department Information Technology Date 8/29/2008 1 :40:21 PM Approved By: Department Approval Date County Manager's Office Approved 8/31/20081:28 PM ATTACHMENTS: (- Name: C Executive Summa IV . OwneLodf i:l Naooleon IFD . ~m.enlJlQj Description: Type: Executive Summary - Napoleon Executive Summary Napoleon IFD - Agreement Agreement - EXECUTIVE SUMMARY r'"',n~,"l,..,.t,......r;:~ ,n/QP2tf: \ l:r",=~~=J Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Napoleon and Clairgimene Napoleon (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housirig unit located at Lot 37, Trail Ridge, East Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Jean Napoleon and Clairgimene Napoleon 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 Jean Napoleon and Clairgimene Napoleon, 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 Trail Ridge subdivision in East Naples. 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 $19,372.46 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: 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 CoHier County Impact Fees for Owner Occupied Affordable Housing Dwelling Unit for Jean Napoleon and Clairgimene Napoleon located at Lot 37, Trail Ridge, East Naples. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services r .. GI=f\I'"""';r '''T"CI'I' Rcturuto ItalYI. SFP ') 9 2008 " '0. 5 t~" . L, .,~ Frauk Ra mscy Collitr COUDty HUS J30J E, Tamilmi Trail Nlples,F1oridlJ4112 File# 08-209-IF Thislpacerorreeording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this c;rtt- day of ~~. between Collier County, a political subdivision of the State of Florida (COUNTY) and "Jean Napoleon and Clairgimene Napoleon" (OWNER), collectively staled 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. TIlls 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 tenus 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 he 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 Nineteen Thousand Thee Hundred Seventy Two and 461100 Dollars ($19372.46), Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per anmnn. 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 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, COUNlY 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. lbis 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, CHAJRMAN , Deputy Clerk WIlNESSES AS TO BOTH SIGNATURES OWNER: ~QjO~' ~~r,>u J Napoleon t/{ I1Ci~h. ~~: ~ ~- rintN~0j/.)~, .:V%.~~ r.ri OWNER: f!?p("'" ~:~~~ r\:Jnfc~(r- Clairgimen Napoleon . STATE OF FLORIDA) COUNTY OF COLLIER) The foregomg Agreement was acknowledged before me this .ill... day of j I''''' , 2008, by ) l\\"l.,ol<o, ,tC N..,,'l";'who is personally known to me or bas produced oF L. 10 as proof of identity. ,,,,,.111...,,, .,-'$.t. ':?':';'l.i.::'" ~ ~ ~ ~~-;'pTAFt':-..'T~'-:,. ~ [N!1'~L SEAL10". / " ~ " ~ i Mlu~::~9~~~i~~5: ! 19nature of Person Taking Ackn wledgment '\ \ ND.Oo590a38': i ~ . ':!rot' ~dl~... PU8\..\~...S$ ;"~,~.:.......~o~*..,,, Approved as to'RIiJ)ljrr,~,,'\" Wld legal sufficiency: ~rVOQeJA~ --- Co leen Greene Assistant County Attorney r '4"~'-" -r"1"=fI. ! ,,2~" ---I , , '\, EXHIBIT. A" LEGAL DESCRIPTION Lot 37, Trail Ridge, according to the plat tbereof, as recorded in Plat Book 44, Pages 7I through 77, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 13428 Covenant Road, Naples, FL 34II4 EXlUBIT "B" \ \, IMP ACT FEE BREAKDOWN Amount Owed $100.59 $62.08 $368.18 $750.00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.46 r- ....j"'. , 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. Govenunent Buildings Impact Fee 1. Law Enforcement Impact Fee J. Water impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES ~i=M'-'; SFI~ff~ "o\.,~-S; 2?~'