Agenda 04/22-23/2008 Item #16D11
Agenda Item No. 16D11
April 22, 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 Monica Newhouse (Owner) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable housing unit located at
Vista III at Heritage Bay, Unit 1408, North Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Monica Newhouse 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 Monica Newhouse, 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 Vista III at Heritage Bay subdivision in North Naples. The property is being developed by
Lennar Homes, 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 Attorney's Otlice 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 $17,104.22 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Monica Newhouse located at Vista III
at Heritage Bay, Unit 1408, North Naples.
.--
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Agenda Item NO.1 011
April 22, 008
Page of 5
R~turnto
FrlIDkRamRey
ColllerCoulltylUlS
3301 E. Tlmiami Trail
Nlples, Florida J4112
File# 08-175-IF
Thi$spllCeforruording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this y-M day of April, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Monica Newhouse" (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 tenn 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 "8," the amount of the deferred impact fees is Seventeen Thousand One
Hundred Four and 22/100 Dollars ($17.104.22). 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%) ufthe 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, 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 v.rithin 30 days after written notice is provided to the OWNER, the COUNTY
Agenda Item NO.1 D11
April 22, 008
Page of 5
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:
, Deputy Clerk
TOM HENNING, Chairman
OWNER:
~t~~
Pnnt Name iU'\!.-
OWNER:
Witnesses; ~;
r . "~ l ,dLLii..~
. ~ . f'''' ''''l
Pnnt Name ~r~ 11./ k /-1. ...>?U.t:=' f~,_)
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this J..j ~ day of A-fR I L ,
2008, by il-'h,,) Ie. A Ni'WHbtJ~ ~ who is personally known to me or has produced
A bi2IlJdS L fC.~,J<r as proof of identity.
Agenda Item NO.1 D11
April 22, 008
Page of 5
EXHIBIT uA"
LEGAL DESCRIPTION
Unit 1408, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43,
Pages 46 through 54 ofthe Public Records of Collier County, Florida
9055 Gervais Circle #1408, Naples, Florida 34120
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
Amount Owed
TOTAL IMPACT FEES
$100.59
$78.84
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$2,290.00
$2,355.00
$17,104.22
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
l. Law Enforcement Impact Fee
J. Water System Impact Fee
K. Sewer System Impact Fee
1AK Approved _1_1_
Page I of 1
Agenda Item No. 16D11
April 22, 2008
Page 5 of5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16011
Meeting Date:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Monica Newhouse (Owner) for deferral of 100% of
Collier County Impact fees for an owner-occupred affordable housing unit located at Vista Itl
at Heritage Bay, Unit 1408. North Naples
4/22/2008 90000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
4/7/2008 11 :50:24 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
4/8/2008 4:55 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/9/2008 11 :04 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/9/2008 1 :56 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/11/20083:17 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/12/20082:14 PM
file://C:\AgendaTest\Export\ I 05-April%2022, %202008\16, %20CONSENT%20AGENDA \ 1... 4/16/2008