Agenda 01/15/2008 Item #16D23
Agenda Item No. 16023
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 Angela Yvette Wilder (Owner) for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 4, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves. and authorizes the
Chairman to sign. the allached lien agreement with Angela Yvelle Wilder Il)r delerral of J 00%
of Collier County impact fees fllr an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of Ihe Code of Laws and Ordinances
established a program to deler impact li",s Illr qualified aftlmlahle housing, Pursuant to this
program. an application for deferment. was ",bmit1ed by Angela Yvette Wilder, which
application, after staff review, was determined 10 qualitY Illl" the program. Legal status has been
verified and documents are on file at the o/tice of I lousing and lIuman"ervices. The property is
located in the Uberly Landing suhdivision in ImlTlokalee.
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 I (3) of the Code authorizes the County Manager to
sign delerral agreemenls with applicants qualilYing tilr impact ICe deferrals for affordable
housing. which has long been the practice. rhe ordinance, however. givcs 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 dctennined 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 $]2.442.52 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 74-401 of the Code of Laws and Ordinances ofColJier 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 Affordab]e Housing Dwelling Units for Angela Yvette Wilder located at Lot
4, Liberty Landing, ]mmokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Return to
Agenda Item No. 16023
January 15, 2008
Page 2 of 5
Frank Rllml\:Y
Collier CoUBty HHS
3301 E. Tallliami Tnl!
Nlplu, FloridaJ4112
~'ile# 08-078-IF
lllisspace for rcclIrding
LIEN AGREEMENT FOR DEFERRAL OF ]00% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
lms Agreement is entered into this ~day of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Angela Yvette Wilder" (OWNER),
collectively stated as the "Parties."
1\JO\V, THEREFOIU:, u)r 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 Ordinam:es of
Collier County, Florida, known as "The Collier COWlt)' Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
1. The legal description oftne dwelling unit is atlach(~d a.<; E:xhibit "A"
J. The tenn 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 COUJ\'TY in full upon: a) the
sale of the dwelling Imit; 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 52/100 Dollars ($12 442.521. Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no
event shalJ 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-compl.iance 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 Agreemenfs requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the 0 WNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after Mitten 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,
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. Tbe COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and l,;osts, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis WItH 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 a<;signs in interest.
9. This Agreement shall he recorded in the official records of the County at no cost to the
Agenda Item r~o. 16023
January 15, 2008
Page 3 of 5
COUNTY.
IN WITNESS ""HEREOF, the Paliies have executed this Agreement on the date and year first
i.lbove written.
Anest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
.lAMES COLETTA, CHAIRMAN
\Vitnesses: ~
~()t,,___
Print Name Mo..4t.. ~ \ t~r""'CI
cW&~
AJlgela
OWNER:
STATE OF FLOIUDA)
COUNTY OF COLLIER)
jng Agr ,el}1 \Xas acknowledged before me this -Ztl. day of ~~
2 7 I" ~ , who is personally known to me or has produced
, as fofidentity.
K'~ >f(roMMl~. ",~
QI.P\~:':P?""'- ,.,.,.Co-
~I f\tlc<lI'l'~
'""oo~...,.~ '
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Appr
and I
--Y
Jeffrey
Chief
EXHIBIT "A"
Agenda Item No. 16023
January 15, 2008
Page 4 of 5
LEGAL DESCRIPTION
Lot 4, Liberty Landing, according to the plat thereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
3532 Liherty Way, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
$ I 00.59
B. Correctional Facilities Impact Fee
$62.14
$368.18
$750.00
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fec
TOTAL IMPACT FEES
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442,52
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
JAKApproved_I_/_
Page I of I
Agenda Ilem No. 16023
January 15, 2008
Page 5 of 5
COLLIER COUNTY
SOARD OF COUNTY COMMISSIONERS
Item Number:
l(iu23
Item Summary:
P(~c>Jrnmendab0n ilia! Hle Ebard :)f COUI<ty (;ymnISSlcllers apDr:::.ves Jlld 3uthGr;:?:~s the
:-;i',:::wrTI::!r, to ,-j,]!
'iefl Jgr0er:'t~I-'t Vii:l-lv1ge:2 -~"";tlf INllder' 'C)wn8' (or (1~fer:-ai of 10(1';<, ~if
'".Iii IS , c: j~i:,tv itT1[:1iCict lees f:;., 8n cwn€;'- r.::-::\. ,li'3d aff',-nGabie hc,U2,1llg iini~ located at Lot 4
:'y,r:\! i, "rldi:lq icril'n:-,i. ;'j'08
Meeting Date:
-j ~:,/2U03 SUCrJC ,L,fJi
Prepared By
~ !.C!nk P;:1n1H'\f
.';y..;,l!-' >r'n;::r-iin :1:_'F';r! :-,,,n:H'
"\"tIC
oub:k. Service"
~i:-'l ';~:)'~~ ant! c1u;i:ac
'!,':'1/200-:- F<_'<::49 p.,rr:
Approved By
1\119!.'::,\' r~nJ:l'b:!h'
:, "1<:._ ,~:.-
:~j;~te
Jr,.'.: 5e.,ri "/":
r,',."'i'Y. S
;;.'.,fi
4.pproved By
,jeii f\ii1t:;:':_Cd'_
:i'ili1y L;,l
.'::1'-",
-;':Jtm~v ,t,ttorri"V
-:ountv.";':t,>'.I1' '.>Fr.::-.
,--'.c_,'",. "
"[\"1
Ar)proved By
Maria F:2ir;1Oi.SY
;:'uhlic So:-vices4jmir;i5-tratrA
Dme
Pub!ic Services
Public S0ivi,:es Admir1.
12/28/20074:45 PM
Approved By
OMS Coordinator
Applications Ana~yst
Date
fj.dminlstrative Servic.es
\:1f(lnr.atlaD Techno!ogy
1/3/2008 B:56 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1131200810:33 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
113120007:16 PM
file://C:\AgendaTest\Export\98-January%20 15, %202008\ 16,%20CONSENT%20AGENDA \ 1,.. 1/9/2008