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Agenda 03/11/2008 Item #16D 5 Agenda Item No. 16D5 March 11, 2008 Page 1 of 5 EXECUTIVE SUMMARY Rccommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Heather Lynn Bugger (Owner) for deferral of 100% of Collier County impact fces for an owner-occupied affordable housing unit located at Lot 36, Liberty Landing, ImmokaJee. OBJECTIVE: That thc Board of County Commissioncrs (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Heathcr Lynn Bugger for deferral of 100% of Collier County impact fecs 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 Heather Lynn Bugger, which application, after staff review, was determined to qualifY for the program. Legal status has been verified and documcnts arc on file at thc offIce of Housing and Human Services. The property is located in the Liberty Landing subdivision in lmmokalee. The property is being developed by Habitat for Humanity of Collier County. The ordinance requires that a licn agrcement be entered into with the applicant as a condition of deferral of the impact fecs. Section 74-401(3) of the Code authorizes the County Manager to sign defelTal agreements with applicants qualifying for impact fee dcferrals for affordable housing, which has long been the practice, The ordinance. however, gives the County Manager discretion in whether to cnter 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 Chairnlan'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: Nonc. LEGAL CONSIDERATIONS: The proposed Agrcement is fully consistent with the intent and purpose of Section 74-401 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 Agrecment for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordablc Housing Dwelling Units for Heather Lynn Buggcr located at Lot 36, Liberty Landing, Immokalee. PREPARED BY: Frank Ramscy, SHIP Program Coordinator, Housing and Human Services ,- , Agenda Item NO.1 '05 March 11, 2 08 Page 2 f 5 ....rn .. Fnnk 1b1llW)' Collier COllaty HHS 3301 E. Tlmlaml T...U NlpIes,F1orldal4112 File# 08-155-IF ThIIIPue(orrecording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 4 day of February, 2008. between Collier COlUlty, a political subdivision of the State of Flori~OUNTY) and "Heather Lynn Bugger" (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 Connly, Florida, known as "The Collier Connly 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 amonnt of the impact fees deferred shall be paid to the COUNTY in full upon: a) the saJe 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 "'S," the amount of the deferred impact fees is Twelve Thousand Four Hnndred Forty Two and 46/100 Dollars ($]2 442.46\. 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 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 tenninate 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 nOf this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the frrst mortgage or other security interest, this lien shall otherwise be superior and paramOlmt 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 Agenda Item ~<O. J05 March 11. 2 08 Page 3 Jf 5 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 maximwn 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 TOM HENNING, CHAIRMAN Witnesses: '--li)Ct.rt..,. (j Lc V'~"L:. Print Name \\..-\0..(4 h(" t-\ \1.1'(.. ("..).(, OWNER: ~\V-~'h'-l--€'r~~ Heather Lynn Bugger ~: I~ ~ '-;'" UJ);;1t ( ., Pri t Name "'1i"/~ .1 I<d" OWNER: STATE OF FLORIDA) COUNTY OF COLLIER) The~~eeme~ acknowledged hefore me this 4- day of ~. . 2008. by . ~ lfA-! who is personally known to me or. as produced as proof of IdentIty. -- [NOTARIAL SEAL] ~ AGNES .......".,.", :y MycoUl....;.:~'1uuZA ',,;/ fXpJRfs:~'DD59444? ~__~~12,101O Approvea~'t~:o and I al s~fficiency: Si tr Recommend Approval: r/l~t1~l, J Director Collier County Housing and Human Services Agenda item rjo. 1 '05 March 11, 2 08 Page 4 f 5 EXHIBIT .. A" LEGAL DESCRIPTION Lot 36, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 througb 73, inclusive, oftbe Public Records oreollier County, Florida. STREET ADDRESS 3664 Justice Circle, Immokal... FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed 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 R. Government Buildings Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES $100.59 $62.08 $368.]8 $750.00 $1.659.00 $2,862.00 $6,059.00 $410.00 $]71.6] $12,442.46 JAKApproved-1--1_ Page I of I Agenda item No. 1605 March 11, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: "1605 Item Summary: Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien ag~eement with Heather Lynn Bugger (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 36, Liberty Landing, Immokalee 3/11/2008900.00 AM Meeting Date: Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 2/21/200811:23:22 AM Approved By Terri A. Daniels Grants Coordinator Date Public Services Housing & Human Services 2/22/20088:59 AM Approved By Mada Ramsey Public Services Administ~ator Date Public Services Pllbii~ Services Admin. 2,'26/200811'17 AM Approved By Jeff KlatzKoW Assistant County Attorney Date County Attorney County Attorney Office 2,'27,'200B 4:22 PM Appro\'ed By OMB Coordinator Applications Ar.alyst Date Administrative Services Information Technology 2128/20088:03 AM ApprOl'ed By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 313/2008 11 :45 AM Appro\'ed By James V. Mudd County ManagE:f Date Board of County Commissioners Ccounty Manager's Office 3/3/200812:43 PM file://C:\AgendaTest\Export\ I 02-March%20I 1.'Yo20200S\] 6.%20CONSENT%20AGENDA\1... 3/5/200S r