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Agenda 04/08/2008 Item #16D12 Agenda Item No. 16012 April 8, 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 Babett Moser (Owner) for deferral of 100% of Collier County impact fees for an owner-occnpied affordable housing unit located at Vista III at Heritage Bay, Unit 1401, North Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Babett Moser 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 Babett Moser, 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 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 $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 Babett Moser located at Vista III at Heritage Bay, Unit 1401, North Naples. - PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Retu...nto Agenda Item No. 16 12 April 8, 2 08 Page 2 f 5 F....nkRam5ey Collier County HHS 3JOlLT.mi.miTnll Napln, Florid.34112 Flle# 08-172-IF This spact 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 K day of March, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Babctt Moser" (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, knov...n 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 "B," the amount of the deferred impact fees is Seventeen Thousand One Hundred Four and 22/1 00 Dollars ($17.104.221. 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 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 Agenda Item No. 16 April 8, 2 Page 3 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 COLJ'NTY 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 OVINER'S successors and assigns in interest. 9. This Agreement shall be recorded in the official records of the County at no cost to the COCNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above \\iTitten. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk TOM HENNING, Cbairman Witn~ pri: me ~ OWNER: '~;2o..la-c\l. 'i. Babett Moser ~0';;..\:,\2 OWNER: ~s ~ oA<A"'Yl . ~ PrintNme ~.~b-,..J,fl."""'-- STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of (h P/Vc h ::W08, by&J:;eIf 1::. /11tJ.5.6r , \vho is personally known to me or has produced ie...- '1i'j{t-(' ( Ic'.Ln ~-L as proof of identity. .T~W_ , ....~~....~2lI10 ; ~ . ~'OO"1m ;:,V- Bonded NIlIonII "-L ~,- (~~ Signature of Person Taking Acknowledgment Appro ed S orm and Ie nc " --P Jeffrcy KI zkow Chief A ist County Attorney 12 08 f5 Agenda Item No. 16 12 April 8, 2 08 Page 4 f 5 EXHIBIT "A" LEGAL DESCRIPTION Unit 1401, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43, Pages 46 through 54 of the Public Records of Collier County, Florida 9055 Gervais Circle #1401, Naples, Florida 34120 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed 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 1. Water System Impact Fee K. Sewer System Impact Fee $100.59 $78.84 $368.18 $750.00 $1,659.00 $2,862,00 $6,059.00 $410.00 $171.61 $2,290.00 $2,355.00 517,104.22 TOTAL IMPACT FEES JAK Approved _LJ ~ Page 1 of 1 Agenda Item No, 16012 April 8, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16012 Item Summary: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Sabett Moser (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 1401, North Naples. 4/8/200S 9.0000 AM Meeting Date: Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 3/21/20084:56:43 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 3/21/20086:26 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 3/25/2008 10:46 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 3/26/2008 5:11 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 3/28/2008 1 :48 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3/29/20089:04 AM file://C:\Al!CndaTest\Exoort\ I 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \ 16... 4/2/2008 I