Agenda 05/13/2008 Item #16D12
Aaenda Ilem No. 16D 12
- May 13, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Ketty Argote (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
178, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Ketty AI'gote 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
progranl, an application for deferment was submitted by Ketty Argote, 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, Inc.
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 Attomey'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 it: or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for DefelTal of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Unit for Ketty Argote located at Lot 178, Trail
Ridge, East Naples.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Retumto
Agenda Item No. 16D12
May 13, 2008
Page 2 of 5
Fl1IpkRamsty
CoIliuCountyHIIS
3301 E.T.mi....iTI'1lU
Naplea,floridal4112
File# 08-181-IF
ThiSSp8ururreeun:linl
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this -2:1- day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Kelly Argote" (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 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 Forty 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
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 othernise
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 neeess.ary documentation evidencing same.
7. In the event the OWNER is in defauU 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
Agenda !tern No. 16012
May 13, 2008
Page 3 of 5
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 \\Titlen.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
OWNER:
~r
au'lL" ,
Kdty Argote
OWNER:
Witness<;s: /~ ~-
,.;? [/?;<z!-,/ .
PnntNar:e !V~f':;;' /ri~--'; .
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The for~oing AJ.rcemez was acknowledged before me this fl V day of ;1.,<", / ,
by k" /71 I ,}.., r , who is personally known to me or has produced
I as proof of identity.
K'.~ M~ LJ
f~." "'~:::~::;,; ';.,.
.....-"..,.....,..,."'^'~----_. --
Recommend Approval:
Approved as to fonn
and legal sufficiency:
0Jef~ -
chf~~tJ~i~~~~:nty Attorney
~--o
cy Krumoine, MP A
Director
Collier County Housing and Human Services
, .
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 178, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, urtbe Public Records oreollier County, Florida.
STREET ADDRESS
13500 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact 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
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAK Approved -1-1_
Aaenda Item No. 16 12
- May 13, 2 08
Page 4 f 5
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
Page 1 0 f I
A.gsnda Item No. 16012
Ivlay 13, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D~2
Item Summary:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to Sign, a lien agreement wllh Ketty Argote (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit located at Lot 178, Trail
Ridge, East Naples.
5/13/2008 90000 AI~
Meeting Date:
Prepared B.y
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
4/25/200811:12:15AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
4/25/20085:04 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/28/20085:04 PM
Approved By
Marla Ramsey
Pubfic Services Administrator
Date
Public Services
Public Services Admin.
4/29/20083:40 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4:30/2008 8:00 AM
Approved By
Stlerry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4130/200810:33 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Mii.nager's Office
4/30;'20085:42 prlli
file://C:IAgcndaTestIExportll 07 -May%20 13, %2020081 16.%20CONSENT%20AGENDA 116... 5/7/2008