Agenda 02/26/2008 Item #16D17
Agsilda Item h10. 16017
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 Passiana Belizaire (Owner) for deferral of 100'1.
of CoIlier County impact fees for an owner-occupied affordable housing unit located at
Lot 35, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Passiana Belizaire for deferral of lOO% 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 Passiana Belizaire, which application,
after staffreview, was deternlined 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 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 Chainnan's signature.
FISCAL IMPACT: This agreement defers $12,442.46 in impact fees. Although it is expected
that the County will ultimately collect these deferrcd 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 Dcferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Passiana Belizaire located at Lot 35,
Liberty Landing, Immokalee.
PREPARED BY: Frank Ranlsey, SHIP Program Coordinator, Housing and Human Services
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item f\lo. i 60 17
" "ebrcarv 25.2008
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Returato
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CoUierCountyHHS
3301 E. Tl.lllilml TrIIU
Nllples,llIoriciaJ.41lZ
File# 08-153-IF
Thb.p.cefor recordinK
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ---L- day of February, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Passiana Belizaire" (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. Tbe legal description oftbe dwelling unit is attached as Exhibit "A."
3. The tenn oftms 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 refmancing 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 tbe COUNTY
not later then the closing ofthe 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 461100 Dollars ($12 442.461. 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 WIit. 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 ioterest 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 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 baqis 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 '5 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 Partics have executed tillS 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, CIWRMAN
OWNER:
Witnesses:. ",''-. _ ~r--
\....jl\D._~\s, Ol;" \(~(, '\7I1QiA d/ 1+ i :::;::f-i:SIJI'-C
PrintName ~'\(~r+ilC-"- ~\ ~v(.,c,,{,' PassianaBelizaire
OWNER:
Witnesses: I~.,-b'
, ~ I
-'hi" ~ ,,Y '. -
Print~e";;I'~: ~,y,.1'-
STATE OF FLORIDA)
COUNTY OF COLLIER)
The forego.ing AgI:eement was acknowledged before me this j~ day of ~.QJ}A'.L.--~'
2008, b;:-.f).l./lM.. 6 7\ f. '{f ~.", , . who is personally known to me or has pro ed
r as proof of identity.
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OTARIAL SEAL] J...
'-"', VlRGlNIACANTU Person Taking Acknowledgment
..W.. MY COMMISSION Ij OD5m2S
~EXPIR.E.S:~I2,:X110
I oU:Y Pl.,.,.,.~,,--o..
Appro
and
I
item !'-Jo, -; 6D 7
. February'- 26. 20 g
Page 4 0 5
EXHIBIT "A"
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LEGAL DESCRIPTION
Lot 35, Liberty Landing, according to the plat thereof,
I as recorded in Plat Book 47, Pages 71 through 73,
I inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
3660 Justice Circle, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impael 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 $1,659.00
F. Educational Facilities System Impact Fee $2,862.00
G. Road Impact Fee $6,059.00
H. Government Buildings Impact Fee $410.00
I. Law Enforcement Impact Fee $171.61
TOTAL IMPACT FEES $12,442.46
JAK Approved.J.J_
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16017
Item Summary: Recommendation that the Board of County Commissioners approves and authorizes the
Chairman Ie- sign a lien 2greement Wltrl Pas:c.lana Bei:Z3lre (Owneri for deferral of 100%, of
Collier COLlnty imp381 fees fDr an owner-o::-;cupled effordable hOUSing unit I02ated at L::Jt 35,
Liberty Landing. In~r1:::'Kblee
Meeting Date: 2/26;20029]0':)0 ,t:.['J1
Prepared By
Frank Ramsey SHIP Program Coordinator Date
Public Services Housing and Humar. Services 2/6/20089:03:55 AM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human Services 2/6/2008 5:26 PM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 2/11/20082:09 PM
Approved By
[tlarla Ramsey Public Services .L.dministrator Date
Public Servi~es Public Serv;ccs Admin. 2/12/2008 10:45 .l,r\~
Approved By
OMS CoordinNClr l,pp:::::att::ms A~,2!YSt Date
Adminrstrz~ive SE'~vj:;es Infonra~ion Te~hi':.Jlog}l 2/i J/2002 ! r:36 AM
Approved By
Sherry Fryo; I~r.a:lagement':; au~jge: Anai/sl :;ate
County r;',a~',ager's Offi::e 8ffi::e of i'lIan2gemen1 & B::dg,H 2/"',4:2GGf t; :::3 PM
Approved B)"
Lee E 0:::.'15, Jr. !)cputy County Manager :ls.te
Soard of Caunty
Commissioner3 County r..r:ar.ager's Office 2f1~!20a8 5:37 PM
file://C:\Agenda Test\Export\ I 0 I-Februarv%2026. %202008\ 16.%20CONSENT%20AGEND... 2/20/2008