Loading...
Agenda 03/23/2010 Item #16D 2Agenda Item No. 1602 March 23, 2010 Page 1 of 15 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign two (2) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $37,817.56. OBJECTIVE: To approve and authorize the Chairman to sign the attached two (2) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will trftft8fer previously approved deferral agreements from developer to owner occupants. 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, applications for deferment were submitted by program participants, which applications, after staff review, were 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 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 routinely be placed on the consent agenda for the Board's review, approval and Chairman's signature. Approval of this agenda item will continue the deferral of 100% of Collier County impact fees for the following owner occupied affordable housing dwelling units. Please note that these agreements will transfer previously approved deferral agreements from developer to owner occupants. As such, no new money is being deferred at this time. Applicant( s) File Legal Descriptiou Deferral Deferral Being Number Amount Renlaced Charite Francois and 10-075-1F Naples Manor Extension $22,571.30 OR Book 4444 J oselene Pierre Lot 51 Block 4 Page 3038 Marie Jean Paul 10-072-IF Liberty Landing Lot 67 $15,246.26 OR Book 4514 Page 2816 FISCAL IMPACT: These agreements will continue to defer in total $37,817.56 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. Agenda Item No. 16D2 March 23, 2010 Page 2 of 15 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's OffIce. It is legally suffIcient for Board action. - CMG STAFF RECOMMENDATION: To approve and authorize the Chairman to sign the attached two (2) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Item Number: Item Summary: Meeting Date: Agenda Item No. 1602 March 23, 2010 Page 3 of 15 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1602 Recommendation to approve and authorize the Chairman to sign two (2) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $37,817.56. 3/23/2010 9:00:00 AM Date Prepared By Frank Ramsey Public Services Division Manager. Housing Development Human Services 3/8/2010 10:47:38 AM Date Approved By Marcy Krumblne Public Services Division Director - Housing & Human Services Human Services 3/8/2010 11 :09 AM Date Approved By Colleen Greene County Attorney Assistant County Attorney County Attorney 3/8/2010 3:51 PM Date Approved By Marla Ramsey Public Services Division Administrator - Public Services Public Services Division 3/912010 3:39 PM Date Approved By Kathy Carpenter Public Services Executive Secretary Public Services Admin. 3/9/2010 4:01 PM Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 3/10/20109:34 AM Date Approved By Sherry Pryor Office of Management & Budget Managementl Budget Analyst, Senior Office of Management & Budget 3/10/201012:00 PM Approved By Date Jeff Klatzkow County Attorney 3/12120102:38 PM Date Approved By Mark Isackson Office of Management & Budget Management/Budget Analyst, Senior Office of Management & Budget 3/13/201010:36 AM Agenda Item No. 16D2 March 23, 2010 Page 4 of 15 Return to Frank Ramsey Collier County HHS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10-07S-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 23rd day of March, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Charite Francois and Joselene Pierre" (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 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 Twentv Two Thousand Five Hundred Seventv One and 30/100 Dollars ($22.571.30) 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 Agenda Item No. 1602 March 23, 2010 Page 5 of 15 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 f'rrst 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, 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 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 FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~~ Assistant County Attorney Recommend Approval: I~~~ .J . Marcy Krumbine, MPA Director Collier County Housing and Human Services 2 Agenda Item No. 1602 March 23, 2010 Page 6 of 15 WITNESSES OF BOTH SIGNATURES ~'7{~ Print Name t Pli'4- . 't(jr: ~e.. ;~'7tJ C 'te rancois OWNER: Witnesses: g ~ -7c:w-. Print Name 1.10'. (~ - T'''-fi ~~.,.J..P~ se ne Pierre STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Areement was acknowledged before me this I '1- day of T-flbr;:;-::1 20IO, by f. llt! 1< .r:: 4 t>~j""",.e , who is personally known to me or has produced as proof of identity. /?z, ~ ~ </?J7M r Signature of Person Taking Ac owledgment 3 Agenda Item No. 1602 March 23, 2010 Page 7 of 15 EXHffiIT "A" LEGAL DESCRIPTION Lot 51, Block 4, Amended Plat of Naples Manor Extension, according to the map or plat thereof as recorded in Plat Book 3, Page(s) 101, Public Records of Collier County, Florida. STREET ADDRESS 5465 Collins Street, Naples, Florida 34113 EXHIBIT "B" lMPACTFEEBREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 E. Regional Parks Impact Fee $2,378.20 F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 $796.05 H. Government Building Impact Fee I. Law Enforcement Impact Fee $309.75 TOTAL IMPACT FEES $22,571.30 4 Agenda Item No. 16D2 March 23, 2010 Page 8 of 15 Return to Frank Ramsey CoIlitr County HIlS 3301 E. Tamiami Trail Naples, Florida 34112 File# 10-072-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 23'd day of March, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Marie Jean Paul" (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 description of the dwelling unit is attached as Exhibit "A." 3. The term ofthis 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 Fifteen Thousand Two Hundred Forty Six and 261100 Dollars ($15.246.26). 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 Agenda Item No. 16D2 March 23, 2010 Page 9 of 15 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 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. 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 FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: c1e~ R=:d~L :- ~bm', ~ Director Collier County Housing and Human Services Assistant County Attorney 2 WITNESSES Print Name ~.i.. i /2 -iI: . ~ nt ame AJ /,,,/{.(. f<- ~1J rt- - ' Agenda Item No. 16D2 March 23, 2010 Page 10 of 15 O~R~ \ ~J ~ t\ \j\, Marie Jean Paul OWNER: STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreemypt was acknowledged before me this ~ day of Il. i'J h 12M /l.., 2010, by fY)(j.JJl.L g. f111M.J , who ~perSOnallY known to mb~ d . as proof of identity. [NOTARIAL SEAL] l~"'~ Notary Public. Stale of Florida . . Anna Vid.urrl \;o,,...di ~~SC:O~~S.9401 3 Agenda Item No. 1602 March 23, 2010 Page 11 of 15 EXHIBIT "A" LEGAL DESCRIPTION Lot 67, 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 3792 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type oflmpact Fee Amount Owed A. EMS Impact Fee $1l6.06 8. Correctional Facilities Impact Fee $190.61 C. Library Impact Fee $424.14 D. Community Parks Impact Fee $862.50 E. Regional Parks Impact Fee $1,907.85 $3,343.68 F. Educational Facilities System Impact Fee G. Road Impact Fee $7,725.00 H. Government Building Impact Fee $482.59 I. Law Enforcement Impact Fee $193.83 TOT AL IMPACT FEES $15,246.26 4 Agenda Item No. 16D2 March 23, 2010 Page 12 of 15 Official Receipt - Collier County Board of County Commissioners CDPR1103. Official Receipt Trans Number 890713 Date 5/13/200910:03:17 AM Post Date 5/13/2009 Address: 5465 COLLINS AVE Owner: HABITAT FOR HUMANITY OF COA #: 09-0081 Permit Type: BR2 Job Desc: FRAMED S/F DET 1 STY-IMMOKALEE "A" 3/1 Applicant: HABITAT FOR HUMANITY-NICK DBA: Swr Meter: SC Wtr Meter: CC IO-O:r5-IP Payor: HABITAT FOR HUMANITY OF COLLIER Fee Information Fee Code Des~on ~~ ......-- ,.-- Waived GL Account Amount 08BCAI BLDG.CODE CERT. SURCHARGE 11300000020882000000 $5.66 08BPNP BLDG PERMITS - NAPLES 11313890032211000000 $608.56 08CPSF COMM PK IMPACT FEE S/F 34611636336351031346 $1075.25 Yes 08EMSF EMS IMPACT FEE S/F 35014047036351031350 $112.46 Yes 08ENIM EAST NAPLES FIRE IMPACT 11300000020982000000 $249.04 08GBSF GOVT BLDG IMPACT FEE S/F 39012223136351031390 $796.05 Yes 08JLSF JAIL IMPACT FEE S/F 38111043036351031381 $122.36 Yes 08LBSF LIBRARY IMPACT FEE S/F 35515619036351031355 $503.49 Yes i 08LWSF LAV{ Ei'!F IMPA_CIEi::E S/F 38511043336351031385 $309.75 Yes 08MFSG MICROFILM SURCHARGE 1'~1~Rq0034144?9P900 -~ $5.10 08RDGS BLDG. PERMIT SURCHARGE 1 $5.66 08RPSF REG PK IMPACT FE_E~_f).IF:_..._~ : $2378.20 Yes 08SCHI SCHOOL BOARD IMPACT FEE $9026.12 Yes 08SFR4 DIST 4 ROAD IMPACT FEE~SINGLE $8247.62 Yes 08TROP TRANSPORTATION R.OW. PERMIT $200.00 11PLNRV ZONIr:,JQf'LAN RE\lI!=W-PLANNING $125.00 12SITE SITE INSPECTION-ENGINEERING $150.00 42MTTP COLJr:,JJY METE_RJAP CHARGE ( 1 ~ Cl 75 . ') $779.00 ~gc--~cE:R~YSTEM c;HARGE 1 12' !, Ie -,. $3495.00 42WSDC WATER SYSTEM CHARGE I 'l '9 0 '1.5 $3575.09 J)!l]6Q!L~Q.J:>~RMIT APp~FEECREDIT $-169.80 12.) .. $9028.22 '> 503 ':_, 30 i . i 2 ~ 3' 'j' b "} sO? 8 ~ 2 I: 009 :? '2 ~ 5 ! 1 Collier County Board of County Commissioners CD~Pfus for Windows 95/NT Printed:2/19/2010 9:17:53 AM Agenda Item No. 16D2 March 23, 2010 Page 13 of 15 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 890713 Date 5/13/200910:03:17 AM Post Date 5/13/2009 Payments Total Cash Total Non-Cash $90~~:~~ I $9028.22 I Account/Check Number 12467 Total Paid Memo: Cashier/location: LEVYMIKE / 1 User: POTTER_ T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:2/19/2010 9:17:53 AM Agenda Item No. 16D2 March 23, 2010 Page 14 of 15 Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt Trans Number 916470 Date i Post Date 12/18/200910:00:11 AM 12/18/2009 Address: 3792 JUSTICE CIR Owner: HABITAT FOR HUMANITY COA #: 06-0220 Permit Type: BR2 Job Desc: i-STY S/F A TT 3/1 VI LLA Applicant: HABITAT FOR HUMANITY DBA: ID- O=fZ-IF Swr Meter: IMM Wtr Meter: IMM Payor: HABITAT Fee Information ---~------~..._. -.--r.~... Fee Code Description . ... .... GL Account Amount Waived 08BCAI rsfDGCODECER-T~ SURCHARGi .11300000020882000000 $6.46 08BPNP BLDG PERMITS - NAPLES ! 11313890032211000000 $608.56 081MFF IMMOKALEE FIRE IMPACT -- . !11300000020985000000 $1435.23 08MFSG MICROFILM SURCHARGE . -.T11313890034144200000 $5.82 08RDGS BLDG. PERMIT SURCHARGE .11300000020880000000 $6.46 . - 09CPMF ,COMM. PARKS M/F IMPACT FEE : 34611636332410431346 I $862.50 Yes 09EMMF T EMS M/F IMPAcTFEE-- .... ; 35014047032410431350 $116.06 Yes 09GBMF IGOVT SLDG ri.iiFJf\1E.f\CTE.EE -=:':_)39012223132410431390 $482.59 Yes 09JLMF ,JAIL M/F IMPACT FEE___._:~.111043032410431381 $190.61 Yes .09LBMFI LIBRARY M/FIMPACTFEE .35515619032410431355 _.,'-- $424.14 Yes ~_ J tAW.I=.NF _M/FIM};ACTE~E.. ... .... !385j 1043332410431385 $193.83 Yes 09MFR5,--j ROAD M/F D5 IMPACT FEE ~3916365932410431339 $7725.00 Yes ~- -i~2~t&~~~~~lr&C;{F..EE. ..- ._-ooo^'0431346 $1907.85 Yes 11PLNRV I ZONING PLANREVIEW-PL,hNNING t $3343.68 Yes $125.00 11PUDM ! PUD MONITORING FEE -. $100.00 12SITEI~TE INSi'-E-cTic5N~Et'JGINEERI NG -- $150.00 ; 08BACR Sl,DGc!,ERMIT AP.F'c.f.l=.[::~p~DIT a b? . ,j '"' $-193.95 I 1 5 ' 1 .....1~ " j '..f- ::'). '1 u. I; ? 4 . 1) 3. u., . ,; " i') ;. - n On9 ! )'} .5 ~) I, ? . j 1 5 ~ '! ~, Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:2/19/2010 9:16:56 AM Agenda Item No. 16D2 March 23, 2010 Page 15 of 15 Official Receipt - Collier County Board of County Commissioners CDPR 1103 - Official Receipt Trans Number 916470 Date Post Date 12/1812009 10:00: 11 AM 12/18/2009 Payments Total Cash Total Non-Cash $22:~:.~g I $2243.581 Account/Check Number 14232 Total Paid Memo: Cashier/location: LEVYMIKE / 1 User: POTTER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:2/19/2010 9:16:56 AM