Agenda 03/11/2008 Item #16D 7
Agenda Item No. 16D7
March 11, 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 Doreen Annette Saunier (Owner) for deferral of
100% of ColIier County impact fees for an owner-occupied affordable housing unit
located at Lot 53, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Doreen Annette Saunier 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 qualitied affordable housing. Pursuant to this
program, an application for defennent was submitted by Doreen Annette Saunier, which
application, after statfreview, was detem1ined 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.
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The ordinance requires that a lien agreement be entered into with the applicant as a condition of
deferral of the impact fces. 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 Chaim1an'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 proposed Agreement is fully consistent with the intent
and purpose of Seetion 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 Oecupied Affordable Housing Dwelling Units for Doreen Annette Saunier located at Lot
53, Trail Ridge, East Naples.
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PREPARED BY: Frank Ramsey. SHIP Program Coordinator, Housing and Human Services
Page 1 of 1
Aaenda Item No. 1607
- March 11, 2008
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1607
Meeting Date:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Doreen Annette Saunier (Owner) for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit located at
Lot 53, Trail Ridge, East Naples
31111200890000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
21211200811:27:18 AM
Approved By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Housing & Human Services
2/21/20085:55 PM
Approved By
Marla Ramsey
PubHc Services Administrator
Date
Public Services
Public Services Admin.
2126/2008 11 :20 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2127/20084:25 PM
Approved By
OMS Coordinator
Apprlcations Analyst
Date
Administrative Services
Information Technology
2128120088:07 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
31412008 8:14 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/41200812:46 PM
file://C:IAgendaTestIExportl I 02-March%20 I 1.%2020081 16,%20CONSENT%20AGENDA 11... 3/5/2008
Relurlllo
Agen~a Item No. 1607
March 11, 2008
Page 3 of 5
Frank Ramsey
Collier County HHS
3301 E. Tamiaml Tl1Iil
Napln, Florida 34112
File# 08-] 45-IF
Tllis ~pacf for recording
LIEN AGREEMENT FOR DEFERRAL OF ]00% OF COLLIER COUNTY ]MPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~ day of February, 2008, between Collier County. a
political subdivision of the State of Florida (COUNTY) and "Doreen Annette Saunier" (OWNER).
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Panies agree as follov..'s:
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 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 ofthe transfer. As set
forth in Exhibit "B," the amount of the defen-cd impact fees is Nineteen Thousand Three
Hundred Seventy Two and 46i1 00 Dollars ($19,372.46). 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~comp1iance v..:ith 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 othenvise 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 documeniation evidem:ing samt:.
7. In the event the O\V2\rER 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 O\\/1'\lER, the COUNTY
T
Agenda Item No. 1607
March 11, 2008
Page 4 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 COWl!y 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, CHAIRMAN
, Deputy Clerk
w.11~s.estr..J,
Print Name UtI (')'m....h:j
OWNER:
Ib1 ({M}\ &L-WYlVA
Doreen Annette Saunier
OWNER:
Print Name
rm4.- Ofu--
STATE OF FLORIDA)
COUNTY OF COLLIER)
2007,
The foregoing Agreement w~s acknowledged before me this 3- day of .r; Lxv6- It.
by 9llr"<<4 11. ~f..'/)I {{ . who is personally known to me or has pro uced
P L D. ~. as proof of identity,
~J~l/~tl;~~hffi5 .
; .W ~ MY cm.tM\SSION ~ l'!l~90m :
,~~ rXf'Il(F.s,'u;:U~l:m.:?:Il1O I
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J lmmu :2u-:if;
Signature of Person faking Ackno*ledgment
tr' Je e A. Klatzkow
Chi :A..ssistant County Attorney
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EXHIBIT" A"
LEGAL DESCRIPTION
Lot 53, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 7] through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13489 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMP ACT 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
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAKApprovcd_I_I_
Agenda Item r~o. 1 ,07
March 11, 2 08
Page 5 f 5
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1.659.00
$2,S62.00
$6,059.00
$410.00
$171.61
$3,415.00
$3.515.00
$19,372.46
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