Agenda 04/08/2008 Item #16D14
Agenda Item No. 16014
April 8, 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 Miss Denie Charles and Jean Fortilus (Owners)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 55, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Miss Denie Charles and Jean Fortilus 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 Miss Denie Charles and Jean Fortilus,
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 properly 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 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 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 74-40 I 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 Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Miss Denie Charles and Jean Fortilus
located at Lot 55, Trail Ridge, East Naples.
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PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Rdurnto
Agenda Item No. 16014
April 8, 2008
Page 2 of 5
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Funk Ramsey
Collier County HHS
3301 E. Tlmll...i Tnlil
Nlples.F1oridll34l12
File# 08-166-IF
Tbillplcerorrecordlnl
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 March, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Miss Denie Charles and Jean Fortilus"
(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:
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.
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 46/1 00 Dollars ($12.442.46). 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 sball 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
COlmty. 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
a.T1Y necessary documentation evidencing sa-me.
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
Agenda Item No, 16014
April 8, 2008
Page 3 of 5
...
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. TItis 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 t 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, FLORlDA,
By:
By:
, Deputy Clerk
TOM HENNING, CHAIRMAN
'r:~/mJLI
Print Name U,: 0< M' L"j
OWNER:
His::' 'lHNr e C HIl fL Li5
Miss Denie Charles
OWNER:
W~ ;:),,,_ .~
Print Name UIJ-;:--Y\u.... ta (t-' 'r';/(j
t:" r'!;D.J"- (P" 1/
Jean Fortilus
STATE OF FLORlDA)
COUNTY OF COLLIER)
The fOJegoin,g Agreement was acknowledged before me tbis ~ day of d" k ,
2008, by /l/{~) atJIr [f,o;(o f.. P'J. who is personally known to me or has produced
.~ L ~ L as proof of identity.
D'!.oJAID.4k~S:!Y.'.L_
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Appro ed to form
and
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Signature of Person Taking Adm wledgrnent
ow
t County Attorney
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EXHmIT "A"
LEGAL DESCRIPTION
Lot 55, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records oreallier County, Florida.
STREET ADDRESS
13497 Koinonia Drive, Naples, Florida 34114
EXHIBIT "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 Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAK Approvcd_'..J_
Agenda Item No. 16014
April 8, 2008
Page 4 of 5
Amonnt 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 I 0 f I
Agenda Item No, 16014
April 8, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16014
Item Summary:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Miss Denie Charles and Jean Fortilus (Owners) for
deferral of 100% of Collier County impact fees for an owner~occupied affordable housing unit
located at Lot 55, Trail Ridge, East Naples.
4/8/2008 90000 AM
Meeting Date:
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
3/20/200810:03:15 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
3/20/20089:55 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
3/24/20083:50 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
3!2Sf2008 11 :08 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/25/2008 12:35 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
3/26/2008 12:06 PM
file://C:\AgendaTest\Exoort\ I 04-Aoril%208. %202008\ I 6.%20CONSENT%20AGENDA\1 6... 4/2/2008