Agenda 06/10/2008 Item #16D 7
Agenda Item ~<o. 16D7
June 10, 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 Myriam Gustave (Owner) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing unit located at Lot
44, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Myriam Gustave 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 Myriam Gustave, 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 Housing and Human Services, The property is located in
the Trail Ridge subdivision in East Naples. The property is being developed by Habitat for
Humanity of Collier County, Inc.
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 deternlined that until
directed otherwise hy the Board, these agreements he placed on the Consent Agenda for the
Board's review, approval and Chainnan's signature,
FISCAL IMPACT: This agreement defers $12.442.46 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 iC or whcn, this would occur,
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The Agreement has heen approved for legal sufficiency. It is
ready for Board consideration and approval. HF AC
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 Unit for Myriam Gustave located at Lot 44,
Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Retaroto
Agenja item NO.1' 07
JUllc10.208
Page 2 f 5
Frank Ranuey
Collier Couniy HIlS
3301 E. Tlmiami Trail
Naples, Florida 34112
File# 08.186-IF
Thl..pacerorreconlinit
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this '--__ ~ day of
political subdivision of the State of Florida (COUNTY)
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:
I. 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.
, 2008, between Collier County, a
and "Myriam Gustave" (OWNER),
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 amolIDt of the deferred impact fees is Twelve Thousand Four
Hundred Forty Two and 46/100 Dollars ($12.442.46). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annum, hut 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 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 Agrecment, and the default
is not cured within 30 days after 'Written notice is provided to the OWNE~ the COUNTY
I
I
AosnGa item ~~o. icpD7
c .June 1 C, 2[08
. ] . I] th' C . d" I f' rth. th 0 d' ?age 3 f 5
may, at Its ~() e optIon, co eel C impact lee amount m CIau t as set 0 ill e r mance, '
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 Ab'TCement is the sole agreement between the parties with respect to the subject matter
herein, and shall he 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
TOM HENNING, CHAIRMAN
~~
P' t am~~~rQ__ c\;{OfteV<7"'"
\,~
O\l,'NER:
Witnesses: t .Al-.-
/) l-m:=. ..{ta",
Print Name 1\( (:.;;,~ 1M': I "tV
STATE OF FLORIDA)
COUNTY OF COLLIER)
The fore,going Agreemen was acknowledged before me this ~ day of /4tJ(~'/
2008, by /v1o fe," (c , "e , who is per,nn,Uy Jmown to me or has produced
~\,\",,"11 .""f,,~ Vf. I n ________ as proof of identity.
............ \,}~.r:::.,Jb....~
.....~1 ..~,..R.....:T~ '-'
I~/.~o -.:'0\
i~~~4]
;; . ",qo" '.0": =
:" ~,otl!l~-'~E
;. -00 TOO. CJ,....O$
'Go"," "0. PI.I~\..~' if'~
;:,lSI.>: '., 0- O"!o,f'
"/~-4~ o.f ,~\\\:
""hll"U'"
Approved as to torm
and egal sufficiency:
:2 '
;JLnt<~ "", ~
Signalllre of Person Taking Acr<now]edgment
'A- eto
t1-Jeffrey A. Klatzkow
Chief Assistant County Attorney
Re~commend APPro/aI:
. <~-7: jJ.~ j)
M cy Krwnbi e, MP A
Director
Collier County Housing and Hwnan Services
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 44, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13456 Covenant Road, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type oflmpact Fee
A, EMS Impact Pee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Pee
F. Educational Facilities System Impact Fee
G. Road Impact Pee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAKApprovoo_'-1_
Aaenda Item t'~o. 1607
, June 10.2008
Page 4 of 5
Amount Owed
$100,59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.46
Page] of 1
';'Jsnda !tem f'~o. i 6D7
- June AIO, 2008
Page S of 5
COLLIER COUNTY
BOARD OF COUNTY COMM~SSlONEF:S
Item Number:
1607
Item Summary:
Recommendailon that the Board of County Commissioners approves and authorizes the
Chairman to sign. a lien agreement with Mynam Gustave (Owner) for deferral of 1000;\) of
Collier County Impact fees for an owner-occupied affordable housing unit located at Lot 44,
Trail Ridge, East Naples
6/10/200890000 AM
Meeting Date:
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
5/21/20082:32:53 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
5/21/20085:46 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
5/23t2008 5:06 PM
Approved By
Marla Ramsey
Public Se:vices Administrator
Date
Public Scrvi~es
Public Services Admin.
5/27.'2008 2:26 PM
Approved By
OMS Coordin&tor
OMS Coordi"at~r
Date
County Manager's Office
Office of Mar.agement & Budget
5/30/20089:17 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Of:i;;e
Office of Management & Budget
5/30/200811 :59 AM
Approved B)'
James V. Mudd
County Mar,2ger
Date
Board of Cow"';:y
Commissioners
County Manager's Office
5/30/200812:35 PM
filc://C:\Ageno"Tesl\F.xnort\ I 09-.l1l11e%?01 O%?O?OOR\ 1 Ii %?OCONSFNT%?OA(;F.NnA \ 1 Ii
1i/4/?OOR