Agenda 03/11/2008 Item #16D 5
Agenda Item No. 16D5
March 11, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Rccommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Heather Lynn Bugger (Owner) for deferral of
100% of Collier County impact fces for an owner-occupied affordable housing unit
located at Lot 36, Liberty Landing, ImmokaJee.
OBJECTIVE: That thc Board of County Commissioncrs (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Heathcr Lynn Bugger for deferral of 100%
of Collier County impact fecs 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 Heather Lynn Bugger, which
application, after staff review, was determined to qualifY for the program. Legal status has been
verified and documcnts arc on file at thc 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 licn agrcement be entered into with the applicant as a condition of
deferral of the impact fecs. Section 74-401(3) of the Code authorizes the County Manager to
sign defelTal agreements with applicants qualifying for impact fee dcferrals for affordable
housing, which has long been the practice, The ordinance. however, gives the County Manager
discretion in whether to cnter 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 Chairnlan'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 IMPACT: Nonc.
LEGAL CONSIDERATIONS: The proposed Agrcement 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 Agrecment for Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordablc Housing Dwelling Units for Heather Lynn Buggcr located at Lot
36, Liberty Landing, Immokalee.
PREPARED BY: Frank Ramscy, SHIP Program Coordinator, Housing and Human Services
,-
,
Agenda Item NO.1 '05
March 11, 2 08
Page 2 f 5
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Collier COllaty HHS
3301 E. Tlmlaml T...U
NlpIes,F1orldal4112
File# 08-155-IF
ThIIIPue(orrecording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 4 day of February, 2008. between Collier COlUlty, a
political subdivision of the State of Flori~OUNTY) and "Heather Lynn Bugger" (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 Connly, Florida, known as "The Collier Connly 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 amonnt of the impact fees deferred shall be paid to the COUNTY in full upon: a) the
saJe 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 "'S," the amount of the deferred impact fees is Twelve Thousand Four
Hnndred Forty Two and 46/100 Dollars ($]2 442.46\. 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
tenninate 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 nOf this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the frrst mortgage or
other security interest, this lien shall otherwise be superior and paramOlmt 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 ~<O. J05
March 11. 2 08
Page 3 Jf 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 maximwn 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
Witnesses:
'--li)Ct.rt..,. (j Lc V'~"L:.
Print Name \\..-\0..(4 h(" t-\ \1.1'(.. ("..).(,
OWNER:
~\V-~'h'-l--€'r~~
Heather Lynn Bugger
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Pri t Name "'1i"/~ .1 I<d"
OWNER:
STATE OF FLORIDA)
COUNTY OF COLLIER)
The~~eeme~ acknowledged hefore me this 4- day of ~. .
2008. by . ~ lfA-! who is personally known to me or. as produced
as proof of IdentIty. --
[NOTARIAL SEAL]
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Approvea~'t~:o
and I al s~fficiency:
Si
tr
Recommend Approval:
r/l~t1~l, J
Director
Collier County Housing and Human Services
Agenda item rjo. 1 '05
March 11, 2 08
Page 4 f 5
EXHIBIT .. A"
LEGAL DESCRIPTION
Lot 36, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 througb 73,
inclusive, oftbe Public Records oreollier County, Florida.
STREET ADDRESS
3664 Justice Circle, Immokal... FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact 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
R. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
$100.59
$62.08
$368.]8
$750.00
$1.659.00
$2,862.00
$6,059.00
$410.00
$]71.6]
$12,442.46
JAKApproved-1--1_
Page I of I
Agenda item No. 1605
March 11, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
"1605
Item Summary:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien ag~eement with Heather Lynn Bugger (Owner) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable housing unit located at Lot
36, Liberty Landing, Immokalee
3/11/2008900.00 AM
Meeting Date:
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
2/21/200811:23:22 AM
Approved By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Housing & Human Services
2/22/20088:59 AM
Approved By
Mada Ramsey
Public Services Administ~ator
Date
Public Services
Pllbii~ Services Admin.
2,'26/200811'17 AM
Approved By
Jeff KlatzKoW
Assistant County Attorney
Date
County Attorney
County Attorney Office
2,'27,'200B 4:22 PM
Appro\'ed By
OMB Coordinator
Applications Ar.alyst
Date
Administrative Services
Information Technology
2128/20088:03 AM
ApprOl'ed By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
313/2008 11 :45 AM
Appro\'ed By
James V. Mudd
County ManagE:f
Date
Board of County
Commissioners
Ccounty Manager's Office
3/3/200812:43 PM
file://C:\AgendaTest\Export\ I 02-March%20I 1.'Yo20200S\] 6.%20CONSENT%20AGENDA\1... 3/5/200S
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