Agenda 01/15/2008 Item #16D 9
Agenda Item No. 16D9
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 Irma Roman (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
11, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Irma Roman 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 Irma Roman, 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 I'lousing and Human Services. The property is located in
the Trail Ridge subdivision in East Naples.
The ordinance requires that a lien agreement be cntered 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 $13,616.20 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 CONSIDERA nONS: 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 Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Irma Roman located at Lot II, Trail
Ridge, East Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Hwnan Services
~
RelufDlo
Agenda Item No. 1609
January 15, 2008
Page 2 of 5
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Frank Ibmsey
Collier ClMI.ty HHS
3301 E. TJlmiJlmi TraU
N.p1n, Florida 341 12
File# 08-068-IF
This space 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 fr day of December, 2007, between Collier County, a
political subdivision oflbe Slale of Florida (COUNTY) and "Irma Roman" (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 descriplion oflbe dwelling unit is attached as Exhibit "A."
3. The tenn of this Agreement is from the date set forth above until the impact fee is repaid.
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4. The amounl of Ihe impact fees deferred shall be paid to lbe COUNTY in full upon: a) lbe
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 lbe deferred impacl fees shall be paid in full to lbe 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 Thirteen Thousand Six
Hundred Sixteen and 201100 Dollars ($13.616.201. Repayment sball 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 percenl (25%) oflbe tolal fee amount.
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5. The deferred impacl fecs shall be a licn 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 operale as a lien against lbe 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 wilb any lien for County laxes.
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. 16U)1 0
January 15, 2008
Page3of5
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a ci viI action to enforce this Agreement, or declare that the deferred impact fees are
then in default and irrunediately 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:
, Deputy Clerk
JAMES COLETTA, CHAIRMAN
Witne ses:
2."
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t', ~< '37/;"f (ce.:44f/?~#'
Patricia Saint Germain
"
Print Name
Of,'Vt(;..o..
k
(Jc,;J.- -.-r;..;2;'J
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OWNER:
~~fU 4- F~~s.,i{
aubert Conolan
4/,)1"..(;,
STATE OF FLORIDA)
COUNTY OF COLLIER)
2007,
The foregoing Agreement was ackn~leR5~5\ before me this ~ day of j)~c em /:Jet ,
by Pr1J(~!"t\1. /lofr'lQ/I'If (ol.{on, WHo IS personally known to me or has produced
as proof of identity.
~'
. ~'w: MY (Y\lMISSION P ~DWIIJ)8 :
; ~(J>"",/ !eXI'IRES:Au1'U'<12<1.20iO ~
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j1~:2~7w:)
Signalure of Person Taking AckIlowledgment
Appr ed to orm
and I al ncy:
-J:;
Jellie
Chief
Marcy Krumbine,
Director
Collier COWlty Housing and Hwnan Services
EXHIBIT "A"
LEGAL DESCRIPTION
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Lot 126, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 throngh 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13387 Covenant Road, Naples, Florida 34114
EXIUBIT "B"
IMP ACT FEE BREAKDOWN
Type of Impact Fee
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A. EMS Impacl 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 Fcc
G. Road Impact Fee
H. Govenunent Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAK Approved -1--1_
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Agenda Item No. 16~1 0
January 15, 2p08
Page 4 pf5
I
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. 16010
January 15. 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D10
Item Summary:
Recommendation that the Board of County Commissioners approves. and authorizes the
Chairman to sign. a lien agreement with Patricia Saint Germain and Faubert Coriolan
(Owners) for deferral of 100% of Collier County Impact fees for an owner-occupied affordable
housing unit located at Lot 126, Trail Ridge, East Naples.
Meeting Date:
1/15/2008900:00 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
12/21/20078:45:37 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
12/26/2007 12:36 PM
Approved By
Jeff Ktatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/28/200710:41 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
PubliC Services
Public Services Admin,
12/28/200711:42 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
12/31/20073:18 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/2/20061:18 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/2/20083:53 PM
file://C :IAgenda T estlExportl98-J anuary%20 15, %2020081 16. %20CONSENT%20AGENDA 11... 1/9/2008