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Agenda 01/15/2008 Item #16D 4 Agenda Item No. 16D4 January 15, 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 Frangile Blanc and Ginine Blanc (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 25, Trail Ridge, East Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Frangile Blanc and Ginine Blanc for deferral of I 00% of Collier County impact fees for an ovmer-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 Frangile Blanc and Ginine Blanc, 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 74-401(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 Chairman's signature. FISCAL IMP ACT: This agreement defers $19,372.52 in impact fees. Although it is expected that the County will ultimately collect thcse 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 authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Co llier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units for Frangile Blanc and Ginine Blanc located at Lot 25, Trail Ridge, East Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services ,.-' Rcturllto Agenda Item No. 16D4 January 15, 2008 Page 2 of 5 FraakRalllscy CoIlicrCollDtyIDIS 3301 E. Tlarllml TI"IIII NBplc... Florida 34112 File# 08-091-IF This spacc for rccording 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 December, 2007, between Collier County, a political subdivision of the Slate of Florida (COUNTY) and "Frangite Blanc and Ginine Blanc" (OWNER), collectively slaled 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 COlmty Consolidated Impact Fee Ordinance" (Ordinance). In the evenl of any conflicl with this Agreement, the terms of the Ordinance shall apply. 2. The legal descriplion of the dwelling unil is attached as Exhibil "A." 3. The term of this Agreement is from the date set forth above until the impact fee is repaid. 4. The amounl of the impacl fees deferred shall be paid 10 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 Ihe deferred impacl fees shall be paid in full 10 Ibe 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 521100 Dollars ($\9.372.52). 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 impacl 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 shaIl 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. 1604 January 15, 2008 Page 3 of 5 or bring a civil action to enforce this AI:,'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 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. 1bis Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have execuled this Agreement on the dale and year firsl above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Wii~1~ 1 )!h7i;~ Print Name /lr/#h C;; S1i11'1"/he,... o~ Gi Blanc (j,,-^ -rr1' STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this ~ day of De(("rt1b"r . 2007, by {:QIJZ1'/fO t' &//J,,,,I' Bbl'l<". who is oersonallv known to me or has produced as proof of identity. .TREJO, : MY COMMISSION Ii 0IWIO,\';8 I i:.Z::.l';,....;;',/t..v' F _X.I.' ;I~II.~F.~~:.;,:: A.";~..'US::\,~2;9.~,~20101l.-_ ~ l ~ ~ /~~ Signalure of Person Taking Adeno as to form Iciency: r~"t . ~L~ -M y Krumbine, MPA Director Collier County Housing and Human Services . EXHIBIT "A" r- LEGAL DESCRIPTION Lot 25, Trail Ridge, according to the plat tbereof, 8S recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Pu blie Records of Collier County, Florida. STREET ADDRESS 13380 Covenant Road, Naples, Florida 34114 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type oflmpact Fee r- A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee- D. Community Parks Impact Fee E. Regional Parks Impacl F eo F. Educational Facilities System Impact Fee G. Road Impacl Fee H. Government Buildings Impact Fee L Law Enforcement bnpact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES IAKApproved_I_'_ r- Agenda Item No. 16D4 January 15, 2008 Page 4 of 5 Amount Owed $100.59 $62.14 $368.18 $750,00 $1,659.00 $2,862.00 $6,059.00 $410.00 $171.61 $3,415.00 $3,515.00 $19,372.52 Page 1 of 1 Agenda Item No. 16D4 January 15, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1604 Meeting Date: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement wIth Frangile Blanc and Ginine Blanc (Owners) for deferral of 100% of CoWer County impact fees for an owner~occupjed affordable housing unit located at Lot 25. Trail Ridge, East Naples. 1/15/200890000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 12/20/20074:53:12 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 12/26/200712:29 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 12/27/200711:45 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 12/28/200710:38 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12/31/20073:15 PM Approved By Michael Smykowski Management & Budget Director Date County Manager's Office Office of Management & Budget 1/2/20081:15 PM Approved By James V. Mudd Board of County CommissIoners County Manager Date County Manager's Office 1/2:2008 1 :37 PM file:/ /C:\AgendaTest\Export\98-Januarv%20 15. %202008\ 16.%20CONSENT%20AGENDA \ 1... 1/9/2008