Agenda 01/29/2008 Item #16D12
EXECUTIVE SUMMARY
Agenda Item No. 16012
January 29, 2008
Page 1 of 10
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Ricardo Blanco and Anita B]anco (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 13, Block 6, Naples Manor Lakes, East Nap]es and authorizes a
reimbursement of the fees paid by Habitat for Humanity of Collier Couuty Inc on Building
Permit 2007041984 in the amount of $26,204.83.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Ricardo Blanco and Anita Blanco for deferral
of ]00% of Collier County impact fees for an owner-occupied affordable housing unit and
authorize a reimbursement of the impact fees paid by Habitat for Humanity of Collier County ]nc
in the amount of$26,204.83.
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 defennent was submitted by Ricardo Blanco and Anita Blanco,
which application, after staff review, was detennined 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 Naples Manor Lakes subdivision in East Naples.
During staffs review of the file 10 process this deferral for approval it was detennined that the
Habitat for Humanity of Collier County Inc did not provide an application for the deferral
program as a qualified developer prior to issuance of the building pennit and payment of
associated impact fees as required. Staff has discussed this oversight with the County Attorney's
Office and recommends lhat the Board accept the application letter from the developer after-lhe-
fact in order to complete the required paperwork and maintain consistency with the Ordinance
for this tile and deferral agreement. Upon approval and execution of this deferral agreement and
lien, impact fees paid by Habitat for Humanily of Collier County Inc in the amount of
$26,204.83 will be reimbursed.
Section 74-202 of Article II, Chapter 74 of the Collier County Code of Laws and Ordinances, the
Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, provides for specific
criteria and procedures for processing routine and non-routine requests for impact fee
reimbursements. Specifically, as set forth by Sec1ion 74-202 (h) (5):
"All reimbursement requests totaling twenty~five thousand dollars ($25,000) or more,
cannot be approved administratively and must be submitted to the Board of County
Commissioners. "
r-
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, gi'ves the County Manager
discretion in whether to enter into lhe Agreement. Accordingly, in keeping with recent
discussion and direction by the Board, the County Attorney's Office has detennined that until
directed otherwise by the Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chainnan's signature.
Agenda Item No. 16012
January 29, 2008
Th. d P $2 4 .. P AI Page 2 of 10
FISCAL IMPACT: IS agreement elers 6,20 .83 m Impact lees. though 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 CONSIDERA nONS: The proposed Agreement is fully consistent with the intent and
purpose of Section 74-40 I of the Code of Laws and Ordinances of Co llier County.
STAFF RECOMMENDA nON: 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 Ricardo Blanco and Anita Blanco located at
Lot 13, Block 6, Naples Manor Lakes, East Naples and authorizes a reimbursement of the impact
fees paid by Habitat for Humanity of Collier County Inc on Building Pemlit 2007041984 in the
amount of $26,204.83, and any budget amendments that may be required associated to the
reimbursement.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
"",'
Agenda Item No. 16012
January 29, 2008
Page 3 of 10
Relul'1llo
FraokRII1ll1!ey
Collier COIlDt)' HUS
3301E.T...lamiTI"IIII
Nlpla, "'00. 34111
Flle# OS-100-IF
nilllJlllU for l'C(ordi~
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 January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Ricardo Blanco and Anita Blanco"
(OWNER), collectively stated as the "Parties."
NOW, mEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as foHows:
1. This Lien Agreement is made pursuant to Cbapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Cnnsolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
sball 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 aroount 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 oftbe sale, or not later then the effective date of the transfer. As set
forth in Exhibit .'8," the amount of the deferred impact fees is Twentv Six Thousand Two
Hundred Four and 83/100 Dollars ($26.204.83). 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 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
.
Agenda Item No. 16012
January 29, 2008
Page 4 of 10
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. TIris 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 ""fitten.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
By:
, Deputy Clerk
J:&I.K:S GOLen A. CHAIRMAN
TOM HENNING
Wu~fl?wj JJ
Print Name]){f' f'VIl" '"
OWNER:
l5~fj /YCVf"
Ricardo Blanco
OWNER:
W ~"v^,
Anita Blanco
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement wa<; acknowledged before me this ~ day of
2008, by 1:{"",&, ""\r,"',,, ~ AP-" who is personally known to me or
as proof of identity.
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ignature of Person Taking Acknow edgment
_mo"l
~~:J j~-v
.-M y Krwnbin. P A
Director
Collier County Housing and Human Services
Agenda Item No. 16012
January 29, 2008
Page 5 of 10
EXHIBIT" A ~
LEGAL DESCRIPTION
Lot 13, Block 6, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book 3,
page 86 and 87, Public Records of Collier County, Florida.
STREET ADDRESS
5322 Jennings Street, Naples, Florida 34113
EXHIBIT "B~
IMP ACT FEE BREAKDOWN
Type ofImpa<l 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
H. Government Buildings Impact Fee
l. Law Enforcement Impact Fee
J. Sewer System Fee
K. Water System Fee
TOTAL IMPACT FEES
$100.59
$113.53
$460.23
$935.00
$2,068.00
$8,228.00
$6,359.00
$725.00
$285.48
$3,515.00
$3,415.00
$26,204.83
JAK Approved -1_'_
.
.
Agenda Item No. 16012
January 29, 2008
Page 6 of 10
Official Receipt - Collier County Board of County Commissioners
COPR 1103 - Official Receipt
:~~tl~~- . t~/~~~007104~_~7A~=_]~~{~~~~: - -=-@f~~~~-=-]
Address: 5322 JENNINGS ST
Owner: HABITAT FOR HUMANITY COA #: 07-0271
Permit Type: BR2 Job Oesc: FRAMED S/F OET 1 STY-IMMOKALEE "A" 3/1
Applicant: HABITAT FOR HUMANITY-SAM
OBA: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Swr Meter: SC Wtr Meter: CC
Payor: HABITAT
Fee Information
--.._-~_._- - ---- -..-~- -r-----..--r----r.. - ~-,
i Fee Code. Description . GL Account .. L..__. Amount Waived .~
.L O~j3CAI BLOG.COOECERTc SURQ..H..P.RG.E J 11300. 000020882000000--_.-1 .. $5.64~. _=-1
Ii O. 8BPN. P BLOG PER~TI?..:.....N.6PLE~_. _.__ __l!1..2.13.1389..003221100000.0 _ _'--_ _$.532.0Q. .. ~....~
O/lCPS..f COMf\1.l'K IMPACT FEE S/F - _~_ -i 346112..363~351031~Lt_~935'001
r08EMSF . EM~JMPACl..EEE ~L_______.. 3.9014047036351031350_ _ __ $100.59L~_-_~
08ENIM I EAST NAPLES FIRE IMPACT 111300000020982000000 .. $249.04
i ~5'&f-=i ~~V~~~g~~~~EEs~~-~T~~~~~~~~~I;~~HIF~-= -_~_:f~~~~I?= -.~~
l08LBSf.... I LlBRAI3Y IMPACj' F:EE S/F____ -1 ~5515619,Q323510~:J9L__ t-__$46fLf~lv_"":j
, 08LWSF LAIN ENF IMPACT FEE:S/E...... _ ~_~8~1l04333635!.931385.._ _t_ _ _$285~flj~____~
981\AFl)G_ ,!'1IQ..RQFllM_SLLRCH~I3GL_ ___l..u~13890034144f..Q0000_ _1..__ $3.00 L_ ___._ I
.08ROGS I BLOG. PERMILSURCHARGt.... ___L1J]OOO,Q00208800Q900L _l.. __ _$56~_J
I 08RPSF_.cBEG PK-'MP~.T FEE~.IE..........____ 11461163..2336351Q..31346___L_._$20680OJ...V_ __J
08SCHI i SCHOOL BOARO IMPACT FEE t113000000209050000001 $8228.00 ~ if :
~~~~~~-~~~~~g~~~~c:gEvf~~~~fT-1 ~~t~}~~~~~~ft~~~~~-----J----l~~~{~-r--=::=]
'12s(rEfSITE INSPECIIQN;E:NGINEERING"=: 13113832732219o_00QOO -=-::J __. - $,,150.0..0 i- --- -I
~}~iJ~ ~~~~;7s~~;~~ C~~~~BG-E-- -1{~1~~;~H~;~~~~~~~~-,---~~f}~ ~-r-"." !
42wsocTWATER SYSTEM CHARGE - ---141127351134336031411--'- -$341500.. \/-l
08BACR- IBLDG~PERM'TAPP FEECREOIT-:11313890032251000000--t -. $-10000"1"----1
- ---~ ----- - - -- --- - - - ----- - -Toial---L=~278~615 ___n
i1 Zb I taL-(. ~'7
- Continued -
Collier County Board of County Commissioners
CO-Plus for Windows 95/NT
Printed: 1/4/20084:08:33 PM
.
.
Agenda Item No. 16012
January 29, 2008
Page 7 of 10
Official Receipt - Collier County Board of County Commissioners
COPR1103 - Official Receipt
Trans Number
, Z67g~_~
Oate I Post Oate
_6/5/2007 1 0:~0:07 AM ~~ 16/5/2007
Payment Slip Nbr
PT 2007041984
Payments
~~:;~t Code ~nllCheck Number
~---- - - -~ ----
~....__._,
Amount
_~21876.15
$0.00
$27876.15
I $27876.151
Total Cash
Total Non-Cash
Total Paid
Memo:
Cashier/location: MURPHYLlNOA / 1
User: POTTER_T
Collier County Board of County Commissioners
CO-Plus for Windows 95/NT
Printed: 1/4/2008 4:08:33 PM
Page 1 of 1
Agenda Item No. 16012
January 29, 2008
Page 8 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16012
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Ricardo Blanco and Anita Blanco (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 13, Block 6, Naples Manor Lakes, East Naples and authorizes a
reimbursement of the fees paid by Habitat for Humanity of Collier County Inc on Building
Permit 2007041984 in the amount of $26,204.83.
Meeting Date:
1/29/2008 900:00 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1/10/20083:54:44 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1/11/200810:22 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1/16/20081:41 PM
Approved By
OMS Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
1/18/20088:46 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/19/20083:56 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/22/200810:35 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/22/200812:02 PM
fi le:IIC :IAgenda T estIExportI99-January%2029, %202008116. %20CON SENT%20AG ENDA I... 1/23/2008
.
Building on SlJ((~SS
-1ft Habitat for Humanity~
of Collier (ounty.lnc.
EXECUTIVE
COMMITTEE
Sam Durso, M.D.
PresideJIt
Mary Ann Durso
V. p, Family Services
Stanard Swihart, M.D.
V.P. Selectioll
L. Michael Mueller
Secretanj
Philip H. Reed
Treasurer
DffiECTORS
Douglas Rankin, Esq.
Assistant Secretanj
W. Wallace Abbott
Joseph Boff
J. Douglas Burke
John Cunningham
James Drescher
Roger Flinn
Mary Frey
Robert Gurnitz
Sally Hall
Norine Hemping, Ph.D.
William Hoglund
Michael Hughes
Patricia Jilk
Peter Manion
C. John Miller
John PaaIman
David Pash, Esq.
Barbara Sill
Peter Solano
Alexander Spier
George Wainscoll
Mike Werner
Karl W yss
.
Agenda Item No. 16012
January 29, 2008
Page 9 of 10
Our vision is a world where everyolle
has a simple, decent place to live,
October 29,2007
Attn: Frank Ramsey
SHIP Program Coordinator
Collier County
3301 E. Tamiami Trail
Health & Community Services Building
Naples, FL 34]]2
Re:
Impact Fee Reimbursement
Dear Frank:
Habitat for Humanity of Collier County, Inc., is requesting reimbursement
for impact fees paid through the Impact Fee Deferral Program, These fees
were paid up front by Habitat for Humanity of Collier County, Inc., in
order to expedite the building process, however the future owners for the
property qualify for an impact fee deferral. Described as follows:
Ricardo & Anita Blanco
5322 Jennings St. Nap]es FL 34113
Permit # 2007041984
Please feel free to contact Norma Lora (775-0036) if you have any
questions or concerns.
SinCe~ely, ~. .....y
/ v:.::;;;?::
/,y;' 7/'
Sam urso, ~------
President
11145 Tamiami Trail East, Naples, FL 34113
239.775,0036' 239.775,0477 (fax)
md ursoCwhfhcollier.com
www,habitatcollier.org
.
~ Building on Success
ijj'f Habitat for Humanity~
of Collier County.lnc.
.
Agenda Item No. 16012
January 29, 2008
Page 10 of 10
Our vision is a world where everyone
has a simple, decent place to live,
EXECUTIVE
COMMITTEE
Sam Durs~~er 29 2007
President '
Mary Ann Durso
V, P. Family Services
Stanard Swihart, M.D.
V. P. Selection
L. Michael Mueller
Secretary RE:
Philip H. Reed
Treasurer
DIRECTORS
Douglas Rankin, Esq.
Assistant Secretary
W. Wallace Abbott
Joseph Boff
J. Douglas Burke
John Cunningham
James Drescher
Roger Flinn
Mary Frey
Robert Gurnitz
Sally Hall
Nonne Hemping, Ph.D.
William Hoglund
Michael Hughes
Patricia Ji
Peter Manion
C, John Miller
John Paalman
David Pash, Esq.
Barbara Sill
Peter Solano
Alexander Spier
George Wainscott
Mike Werner
Karl Wyss
Attn: Frank Ramsey
SHIP Program Coordinator
330] E. Tamiami Trai]
Naples, Florida 34112
5322 Jennings St. Naples FL 34113
Permit #: 2007041984
Dear Frank,
Habitat for Humanity of Collier County, lnc, per the County Wide Impact Fee
Deferral Program, identifies the above referenced property as an affordable
housing unit. Please let this letter serve as an after-the-fact application and
identification that an income eligible, legal resident of the United States will
occupy the property once complete.
Habitat for Humanity of Collier County, Inc paid the Impact Fees upfront in
order to expedite the building process.
Please feel free to contact Norma Lora (775-0036) if you have any questions or
concerns.
11145 Tamiami Trail East, Naples, FL 34113
239,775.0036' 239,775,0477 (fax)
mdursO@hfhcollier.com
www,habitatcollier.org