Agenda 01/15/2008 Item #16D25
Agenda Item No, 16025
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 Christine Excellent (Owner) for deferral of 100%
of Collier County impact fees for an owner-occupied at1"ordable housing unit located at
Lot 20, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Christine Excellent tt)r deferral of 100% of
Collier County impact tees ft)r an (owncr-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chapler 74 of the Code of Laws and Ordinances
established a program to deter impact fees felr qualified affordable housing, Pursuant to this
program, an application for deferment was submitted by Christine i,xcel1ent, which application,
after staff review, was determined to qualify It)r the program. Legal status has been verified and
documents are on tile at the oflice 01' Housing and /.Iuman Services. The property is located in
the Trail Ridge subdivision in r:ast "laple;;.
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(]) of the Code authorizes the County Manager to
sign defen-al agreements with applicants qualifying lur impact tee deferrals for affordable
housing. which has long been the pract ice. The ordinance, however, gives the County Manager
discretion in whether to enter into the /\greement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has detclmined that until
directed otherwise by the Board. thcsc agreements be placed on the Consent Agenda for the
Board's review, approval and Chainnan's signature.
FISCAL IMP ACT: This agreement deters $19,372.52 in impact fees. Although it is expected
that the County will ultimately collect these deterred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, Ihis would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 ofthe 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 Christine Excellent located at Lot 20,
Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Retum to
Agenda Item No. 16025
January 15, 2008
Page 2 of 5
Frank RaUlleY
Collier Cn.nty HHS
3301 E.T.miaPrlT....1
N.pln,Ftorlda341I2
File# 08-097-IF
Thlsspllceforl"l'eOrdlDI
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ,13!.'day of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Chnstine Excellent" (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:
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 description of the 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
4. The amoWlt of the impact fees deferred shaH 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 Seventy Two and 52/100 Dollars ($19.372.52). 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 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 othervlise 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 docwnentation 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
'\genda Item No. 16ip25
January 15, 2p08
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, Page 3 ff 5
or bnng a civIl actIOn to enforce thIS Agreement, or declare that the deferred Impact fees are
then In default and Immediately due and payable [he COUNTY shall be entJtled 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 WITh'ESS ,",'HEREOF, the Parties have executed this Agreement on the date and year first
above ,""ntten
Attest.
DWIGHT E BROCK, Clerk
llOARO OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By
B\
Deputy Clerk
JAMES COLETTA, CHAIRMAN
Witnesses:
,:m()~.!;!,L.a.L.i.(l.< "A^ ~~
Print Name 1---\ Qr...... ./HII<Ua.J.
OWNER
~vist,'Ylf' ~cP!k>1 t
Christine Excellent
OWNER:
+u-.
STATE OF FLORIDA)
COUNTY OF COLLIER)
kno ledged before me this ~ day of ~
It. , who is personally knO\\l1 to me or has produced
1Lt't. i 60 ' as pr of identity.
[NOTARIAL SEAL]
r.'~ AGNES MENDOZA
_ MY COMMISSION II 0019,u'1
~...::;r EXl'IIl!S:S""II'nbIrI%.201O
l"UI'.NO'To\Il~ Pl,Noo:V)'DI_"-'C~
ent
y:
Recommend Approval:
~g~,i~~
Director
Collier County Housing and Human Services
EXHffiIT"A"
LEGAL DESCRIPTION
Lot 20, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records oreollier Count)'~ Florida.
STREET ADDRESS
13360 Covenant Road, Naples, Florida 34114
EXHffiIT '"B"
IMPACT FEE BREAKDOWN
Type of Impact 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 Fec
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMP ACT FEES
JAKApproved_I_I_
~
Agenda IIem No. 16 25
.January 15, 2 08
Page 4 f 5
Amount Owed
$10059
$62.14
$368 18
$75000
S1,65900
$2,86200
$6,05900
$410.00
$171.61
$3,41500
$3,51500
$19,372.52
Page ] of 1
Agenda Item No. 16025
January 15, 2008
Page 5 at 5
COLLIER COUNTY
BO.~RD OF COUNTY COMMISSIONERS
Item Number:
"iC[J25
Item Summary:
R,,'corrHIH:.n.1alion Plai the Bcard Of COlli"1tV Commissioner:". "i1pr'DI/("S. 2nd ELjlhor:zes ~he
CI-,a:r:~.":H', to;i;)il 2 li8n 3gre8rnent with Chllstlrie E:<cellent rOwn8r;- for JE'o'fenal of 10D'% of
.:r)!i::,r C:()~!llh... Ilnt'3C: .:~e<:- 10" :1n:>wnel '",';c;~1[)led ciffCJ'd2.bie tiJusing :J;llf 1(J::;ated at Lot ~;C
; ~ai' [~idge Eas: Ha;:tie2
Meeting Date:
i': :C\FJ5 S':UOU':-I L!\ij
P,-epared By
. '3nf: '0 (.' jTi~,,(>,
':'I.;F
-:'~;onl ''C.H Cdn':,l{l(
lJale
::'ubik S;)"I[~:{'3
("!!'~mg
.-; U:L~ <, ~- e,' ,.,- I.; ~
12/21r20Ci7 10:;;9:30- :UVl
,Approved By
!Ii: i:11",,~ \
~'(LT', t:,j' ;;::.
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'., 'tP
--\rbfk ~}('.!'Vi::e
., .,:,'~:G/2')n7 S:W; :.-.,t\f,
Approved By
_'eft (,';8t2:~ ,Y,r,'
c ~ '. i"
',",r",',.
'..;Jllnl1/;'." :;;n12Y
^C'~JnV ;;,:1 (HTt'o'}-' 7fice
'~'<:t:':2{)C'7 '1 ~.1:4:': I-,:vi
Approved Ry
hflarla R.amsey
Publfc Services ;:',drr',inistrator
~)?ti2.
Public Services
Public Se~vices Admin.
12i28/200i 4:50 PM
Approved By
OMB Coordinator
t>.ppflcations ,b,nalyst
Date
Administrztive ~,ervices
Inforrnation Technology
1.r::/200e 9:05 AM
Approved B.y
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1!3f2008 10:54 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/3/20087:29 PM
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