Agenda 02/26/2008 Item #16D19
Agenda Item No. 16019
February 26,2008
Page 1 of 5
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EXECUTIVE SVMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Miguel Angel Gaspar Francisco (Owner) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 22, Liberty Landing, Immokalce.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Miguel Angel Gaspar Francisco 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 Miguel Angel Gaspar Francisco, 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 Liberty Landing subdivision in Immokalee. The property is being developed by
Habitat for Humanity of Collier County.
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 Attomey's Office has detelmined that until
directed otherwise by the Board, these agreements be placed on the Consent Agcnda for the
Board's review, approval and Chaimlan'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: 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 authOlizes 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 Miguel Angel Gaspar Francisco
located at Lot 22, Liberty Landing, Immokalee.
-- PREPARED BY: Frank Ranlsey, SHIP Program Coordinator, Housing and Human Services
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F\';)2nja ltern r~o. 16[p 19
"8bruary 26. 2p08
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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 February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Miguel Angel Gaspar Francisco"
(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 itA."
3. The term of this Agreement is from the date set forth above Wltil 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 Twelve Thousand Four
Hundred Fortv Two and 46/100 Dollars ($12 442.46), 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 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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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 Ab'Teement, 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 CO'lJNTY in enforcing
this Ab'Teement, 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 \\'HEREOF, 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 HENNING, CHAIRMAN
OWNER:
Witnesses: d~ e-A IJ ~z:y
'-i'l \0 d" 0,6 ~7J:~"L
Print Name \v\Clr 'v' . \VI..JJC1..d-, Migue Angel Gaspar Franci '0
~~s ~ OWNER:
nt~rsl:' ,,+<'-
STATE OF FLORIDA)
COUNTY OF COLLIER)
Th~oY...J'~ent was ~wledged before me this ---L- day of _~/ ,
2008, by .k ~ .. who IS person~ly ~own to me or has pr uced
-asproofoftdelluty. -
~ MYCOMMISSIONjfOOS96:~ owledgment
EXl'lm!'<oltmb&rll.2
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Appro )t'W~
and Ie
~:.,.
arcy Krumbine,
Director
Collier County Housing and Human Services
,
!
, P,;ranJa item No. io[J 19
Febru3'Y 26.2008
Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 22, Libert)' Landing, according to the plat thereof,
8S recorded in Plat Book 47, Pages 71 through 73,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
3608 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Pee $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 $1,659.00
P. Educational Facilities System Impact Fee $2,862.00
G. Road Impact Pee $6,059.00
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H. Government Buildings Impact Fee $410.00
1. Law Enforcement Impact Fee $171.61
TOTAL IMPACT FEES $12,442.46
JAK ApplUvcd-1-1_
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? agE: ::, C) 5
COLLIER COUNTY
EDt,RD OF COUNTY COMMISSIONERS
Item Number: "6019
Item Summary: R.ecommendatlon tha: thE' Board of County Commissioners approves and authorizes the
ChslrrT;an te sign a li8n agreement vdh MlgJel Angel Gaspar Francisco (Ov..'nerl for deferral
of 100S{ of Col!ler COU"lty ImDBS! fees for an owner-occupied affordeble housing unit located
a.. Lot 22 Liberty L2ndi~g imn~oLalee
Meeting Date: 2,'25/2008 f':OO 00 AJvl
Prepared By
Frank R.amsey SHIP Program :':oordinator Date
Public Services Housing and Human Services 2'6/20089:07:12 AM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human ServicE'S 2/8/20089:19 AM
Approyed By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 2/11/20082:10 PM
Approved By
r.t,u~a Ramsey Pubiic Servrces Administrator Date
Public Servi~es Pubiic: Services l::imln. 21':2[2008 10:LS AM
Approved By
()MB Cc::;rdina~o~ l,ppii:::otiDns hn;:-:irst :':';31'0'
/<Ciministrative Services ir:bnnatic~r. Te:::nr:ology ~/13r2a0e "10:37 l.M
Approved B~'
Sherr)" ;::'rY8r ff;z:<agemE:'t~', .'; 8uci2~! ;:\nalyst Date
County r::2naf~er's :Jffi:;f; (.\ffi;~f.' of Man2gemc'yJ [;. 5:Jt':~iet 2,'14:200B L:59 PM
Approved By
Leo =.. Oshs. Jr. Deputy COLinty ManaJer Date
Soard ot::::au:',ty
Commio;sioners ::'ounty Man2;;jer'S Offk:e 2/14:'20085:39 PM
file://C:\Agenda Test\Export\ 10 I-Februarv%2026.%202008\ 16.%20CONSENT%20AGEND... 2/20/2008