Agenda 02/26/2008 Item #16D 1
Agenda Item No, 16D1
February 26,2008
Page 1 of 5
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Margarita Del Socorro Escobar (Owner) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 165, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Margarita Del Socorro Escobar 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 Margarita Del Socorro Escobar, 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 propeliy 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 74-40] (3) of the Code authorizes the County Manager to
sign deferral agreements with applicants qualifying !c)r 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 dcfers $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 pUlpose of Section 74~40l 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 ]00% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Margarita Del Socorro Escobar
located at Lot] 65, Trail Ridge, East Naples.
r- PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
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Agenda Item No, 16D1
February 26,2008
.... Page 2 of 5
Rctur.to
FrankRlmscy
CoUlr:rCounIyHHS
3301 E. Tnliami Trail
Naples, FlorJda J4112
File# 08-133-IF
This 'pice 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 ~ day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Margarita Del Socorro Escobar"
(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."
], 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 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 Nineteen Thousand Three
Hundred Seventy Two and 46/100 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.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
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Agenda Item No, 16D1
February 26, 2008
Page 3 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 COLJNTY 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 fate 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 I.
COUNTY,
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E, BROCK, Clerk COLLIER COUNTY, FLORIDA,
By: By:
, Deputy Clerk TOM HENNlNG, CHAIRMAN
OWNER:
\wi/~e;:tL_"7 dMi ~~tL- eLf 6M.ffO &aJe.r
Prmt Name mdl/lt< ~ "1"'" "-- M rga a Del Socorro Escobar
OV,'NER:
c
Witl,ws.ses' --- ~- -;
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Print Name ' J j I\~
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008, greement was acknowledged before me this ~ day of J....~(\\.iu..\Jtu '
.. oL.c..(, who is personal I y known to me or has pr uced
as proof of identity.
[N J'. . " NOI .1A L RA-TRElO ( /) ?~= /2--!iu
"<<'''' ,\1r (':J,~i,\,jIS:)IiJI\ # Llil5~om Signature of Person laking Adena' ledgment
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Recommend Approval:
MldA~~
Director
Collier County Housing and Human Services
Agenda Ilem No. 1601
February 26, 2008
. Page 4 of 5
EXHIBIT" A"
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LEGAL DESCRIPTION
Lot 165, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44. Pages 71 through 77,
inclusive, of the Public Records ofeollier County, Florida.
STREET ADDRESS
13417 Gemmer Road, Naples, Florida 34114
EXffiBIT .'B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A, EMS Impact Fee $100,59
B. Correctional Facilities Impact Fee $62,08
C. Library Impact Fee $368,18
D, Community Parks Impact Fee $750,00
E. Regional Parks Impact Fee $] ,659,00
F, Educational Facilities System Impact Fee $2,862.00
G. Road Impact Fee $6,059,00
~ H, Government Buildings Impact Fee $410,00
1. Law Enforcement Impact Fee $171.61
J. Water Impact fee $3,4] 5,00
K, Sewer Impact Fee $3,5]5,00
TOTAL IMP ACT FEES $19,372.46
JAK Appmved_I_I_
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Agenda Item No, 1601
February 26, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16D1
Item Summary: Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to SIgn, a lien agreement with Margarita Del Socorro Escobar (Owner) for deferral
of 100% of Collier County impact fees for an owner-occupied affordable housing unit located
at Lot 165, Trail Ridge, East Naples.
Meeting Date: 2/26/2008 90000 AM
Prepared By
Frank Ramsey SHIP Program Coordinator Date
Public Services Housing and Human Services 2/4/20089:22:11 AM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human Services 2/4120084:52 PM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 2/11120089:50 AM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 2/12/200810:11 AM
Approved By
OMB Coordinator Applications Analyst Date
Administrative Services Information Technology 2/13!200810:09 AM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 2/13/20085:04 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 2114f2008 3:39 PM
file://C:\AQendaTestIExDortll 0 l-Februarv%2026. %20200R\ 16.%20CONSFNT%20AGFND.. ?./?O/?OOR
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