Agenda 01/15/2008 Item #16D12
Agenda Item No. 16012
January 15, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioncrs approves, and authorizes the
Chairman to sign, a lien agreement with Maria Tomas Francisco (Owner) for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 21, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Maria Tomas Francisco for deferral of 1 00%
of Collier County impact fees for an owncr-occupied affordable housing unit.
CONSIDERA TIONS: 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 Maria Tomas Francisco, which
application, after staff review, was dctermined 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 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 cnter into the Agreement. Accordingly, in keeping with reccnt
discussion and direction by the Board, the County Attorney's Officc 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 defers $12,442.46 in impact fees. Although it is expected
that the COWlty will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would oceur.
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 DefelTal of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Maria Tomas Francisco located at Lot
21, Liberty Landing, 1 mmokalec.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
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Agenda Item No. 16012
January 15, 2008
Page 2 of 5
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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 H~y of December, 2007, between Collier County, a
politicat subdivision of the Stale of Florida (COUNTY) and "Maria Tomas 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:
L 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 tegal 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 Twelve Thousand Four
Hundred Fortv Two and 46/JOO Dollars ($12 442.46). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per anown, 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 OWNE~ the COUNTY
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Agenda Item No. 16012
January 15, 2008
Page 3 of 5
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 maxirnwn 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
OWNER:
Witnesses:
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PrinlName Ma"""a. Iilarad"
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Maria Tomas Francisco
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STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER:
Th~ f9regoing ~eement was l!cknowledged before me this n day of ~ ,
2007, by \.-.k' ~ \ - ~c... "'-.."SZ-l ~who is personally known to me or has produced
srL.~r\'ooJ.t.-.V- ~(.,'C.~ as proof of identity.
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Recommend Approval:
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 21, Liberty Landing, according to tbe plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, urtbe Public Records oreollier County, Florida.
STREET ADDRESS
3604 Justice Circle, Immokalee, Florida 34142
EXBmIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impacl Fee
B. Correctional Facilities Impact Fee
C. Library Impacl Fee
D. Community Parks Impacl Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAKAppro~_f_l_
Agenda Item No. 16012
January 15, 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
$12,442.46
Page 1 of 1
Agenda Item No. 16012
January 15, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16012
Meeting Date:
Recommendation thaI the Board of County Commissioners approves. and authorizes the
Chairman to sign a lien agreement with Maria Tomas FrancIsco (Owner) for deferral of 100%
of Collier COU:lty Impact fees for an owner-occupied affordable housing unit located at Lot
21 Liberty Landing. Immokalee.
1/15/2008 9 0000 AM
Prepared By
Frank Ramsey
SHiP Program Coordinator
Date
Public Services
Housing and Human Services
12/20/20074:05:54 PM
Approved By
Marcy Krumbine
Director
Date
Pubiic Services
Housing & Human Services
12/26/200712:09 PM
Approved By
Jeff K~atzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
12/28/200710:37 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Servi~es
Public Services Admin.
112/200810:24 AM
Approved By
OM8 Coordinator
Applications Analyst
Date
Administrative- Services
InformaUon Technology
1!2/2008 1 :22 PM
Approved By
r"rlichael S:nykowski
Mar.2gement g Budget Director
['ate
County Manager's Office
Office of r~~an2gement & Budget
1/2/2008 1 :24 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/212008 1 :49 PM
file:/ /C:IAgendaTestIExportI98-January%20 15, %202008116. %20CONSENT%20AGENDA II... 1/9/2008