Agenda 01/29/2008 Item #16D11
Agenda Item No. 16011
January 29, 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 Gasner Andre and Mathilde Andre (Owners) for
deferral of 100% of Collier County impact fees for an owner-occnpied affordable housing
unit located at Lot 158, Trail Ridge, East Nap]es.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Gasner Andre and Mathilde Andre for
deferral of ]00% 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 Gasner Andre and Mathilde Andre,
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 Trail Ridge subdivision in East Naples.
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 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 Chairman's signature.
FISCAL IMPACT: This agreement defcrs $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 Section 74-40] 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 Occupied Affordable Housing Dwelling Units for Gasner Andre and Mathilde Andre
located at Lot 158, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
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Retunlto
Agenda Item No. 16011
January 29, 2008
Page 2 of 5
Frink Ramley
Collier County HHS
3301 E. Tlmllmi Trail
Nlplea.F1or1dl34I1Z
File# 08-107-IF
Thillpflceforrecording
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 January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Gasner Andre and Mathilde Andre"
(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
CoIlier County, Florida, known as "The CoIlier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
sbaU 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 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 Seventv Two and 46/I00 DoUars ($19.372.46). Repayment shall include any
accrued interest. Interest shall be computed at the rate offive 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
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
Agenda Item No. 16011
January 29, 2008
Page 3 of 5
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 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:
J. 'Lr lES C91.EIT.\., CHAIRMAN
, Deputy Clerk
TOM HENNING
OWNER:
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Gasner Andre
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OWNER:
Mil/PI;) ,/)t<'
Mathilde Andre
h'/;>,1~
STATE OF FLORIDA)
COUNTY OF COLLIER)
2008,
The foregoing A~re~ment was acknowledged before me this ~ day of O-(\\....jCu
by (;Q)T/o /.fr7J/~ t ,1..1/1., who is personally known to me or has prod
as proof of identity.
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Appro
and Ie
Recommend Approval:
/[~~,~~,;
. Marcy Krumbmd, P A
Director
Collier County Housing and Human Sen-ices
EXHIBIT "A ~
LEGAL DESCRIPTION
Lot 158, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13449 Gemmer Road, Naples, Florida 34114
EXlUBIT ""8"
IMPACT FEE BREAKDOWN
Type ofImpact 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
jAK Approved..-! _1_
Agenda Item No. 16011
January 29. 2008
Page 4 of 5
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2.862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
$19,372.46
Page ] of I
Agenda Item No. 16011
January 29, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16011
Meeting Date:
Recommendation that the Board of County Commissioners approves, and authOrizes the
Chairman to sign, a lien agreement with Gasner Andre and Mathilde Andre (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing Unit
located at Lot 158, Trail Ridge East Naples.
1/29/20089.0000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1110120064:03:19 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
11111200811:52 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1116/20063:26 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/17/20069:37 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1116120063:21 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
11191200611:00 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/19/20063:51 PM
file:/ /C:IAgendaTestIExportI99-January%2029, %202008116. %20CONSENT%20AGENDA I... 1/23/2008