Agenda 01/15/2008 Item #16D22
Agenda Item No. 16022
January 15, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Boa,'d of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with ,Jacob Hamilton and Sarah Hamilton (Owners)
for deferral of 100";', of Collier County impact fees for an owner-occupied affordable
housing unit located at Vista III at Heritage Bay, Unit 1505, North Naples,
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Jacob Hamilton and Sarah Hamilton tor
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of Ihe Code of Laws and Ordinances
established a program to defer impact fees jelr qualitied affordable housing, Pursuant (0 this
program, an application jelf deferment was submitted by Jacob Hamilton and Sarah Hamilton,
which application, af1er staff review, was deterrnined to. qualify lor the program. Legal status
has been verified and documents are on file at the ol1ice of Housing and Human Serviees. The
pmperty is located in the Vista If [ at Heritage flay subdivision in North )~aples.
The ordinance requires that a lien agreement be entered into with the applicant as a condition of
delerral of the impact lees. Sect ion 74-401(3) of the ('ode authorizes the County Manager to
sign delerral agreements wi1h applicants qualifying jill' impact fee deferrals jelr affordable
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whether to enler inlo Ihe 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,
FISCAL IMPACT: This agreement defers $19,411.65 in impact fees. Although it is expected
that the County will ultimately collect these deferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSlDERA TIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County,
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Defen'al of 100% of Collier County Impact Fees for
Owner Occupied Affordahle I'lousing Dwelling Units for Jacob Hamilton and Sarah Hamilton
located at Vista III at Heritage Bay, Unit 1505, North Naples,
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
,
Return to
Agenda Item No. 16022
January 15, 2008
Page 2 of 5
FrankRllmsty
Collier Couuty fUlS
3301 E. TamiamiTrall
Nllples, Floridll34112
File# 08-084-IF
Thi$ spac~ for recDrding
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 December. 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Jacob Hamilton and Sarah Hamilton"
(O\VNER). collectively stated a<; the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as f()llows;
]. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws. I:md Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). fn the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
The legal description of the dwelling unit is attached as Exhibit ..A."
.,
1
The term of this Agreement is from the date set forth abO'\'e W1til the impact fee is repaid.
4. The amount of the impact fees deferred shall be paid 10 lhe 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 Nineteen Thousand Four
Hundred Eleven and 65/100 Dollars ($19.411.65). 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 AgreemenCs 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 O\VNER, 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 thc 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 oflicial records of the County at no cost to the
Agenda Ilem No. 16022
January 15. 2008
Page 3 of 5
cou"ry
IN \\'ITNESS WHEREOF, the Parties bave executed this Agreement on the date and year firsl
ahove written.
.\ttest:
DWIGHT E. BROCK. Clerk
BOARD OF COlI"iTY COMMISSIONERS
COLLIER COU'ITY, FLORIDA,
By':
8)
Deputy Clerk
JAMES COLETTA. CIIAIRMAN
~esses:
prim1<f.::-;4-OJ1 ( ~~
OWNER:
g/~%---~-
.. ---... ------ -
acob Hamilton
Witn~V),~
PrintNam Lrj","::;J,' (~o-.-v.---
I
OWNER ill ~
.!>>JA Fta~)
Sarah Hamilton
STATE OF FLORIDA)
COUNTY OF COLLIER)
The 19regoin Agreery; t was a~owledged before me this ~ day of ~ /.l.0 , /
2007, by c....ob i.""", who is personally known to me or has produced
FL- [.~ 'UJ.-n ~ as proof of identity.
0/11"- ,11, ~,
~~on Taking Acknowledgment
App
and
-/
Jeffre
Chief
,
.,
EXHIBIT "An
Agenda Item No. 16022
January 15, 2008
Page 4 of 5
LEGAL DESCRIPTION
Unit 1505, Vista III at Heritage Bay Commons, a Subdivision as recorded in Plat Book 43,
Pages 46 through 54 urthe Public Records ofeamer County~ Florida
9051 Genrais Circle #1505, Naples, Florida 34120
EXHIBIT "8"
IMPACTFEE8REAKDOWN
Type of Impact Fee
A. EMS Impact Fee
Amount Owed
$112.04
B. Correctional Facilities Impact Fee
$89.82
$368.18
$750.00
C. Library Impact Fee
D. Community Parks Impact Fce
E. RcgjonaJ Parks Impact Fce
$1.65900
F. Educational Facilities System Impact F,'ee
$2.862.00
$6,059.00
$410.00
G. Road Jmpac..~t Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
$171.61
1. Water System Impact Fee
K. Sewer System Impact Fee
$3,415.00
$3,515.00
TOTAL IMPACT FEES
$19,411,65
JAK Approved _1__1_
Page I of 1
Agenda Ilem f"o. 16022
January 15, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
i6D22
Item Summary:
R'3CJmrr'0f,dailcw thei: t'ls. E::~3rj (If .:,'u ltv r=::),,'!nflssi:.)ne,~ 3DpT;\les. ,Vla ~.ruj!iorlz,:-'s n..s
:~hoIrITl2,I., lC, ::.IJrl ::; 1181 '-ig",er:l~l, with jacot: i'~arlllirOIi :;!'!d :-::;;:;:-31-' H~HnliLln iC)\)\I!,er:-, 1.JI
'-iefe~-'-2i ~_,j ,
.);' :Jii!9! ,'I l'V,' 'n ,.8:::: fee:::, iy elr' ':'''Nn(:'I.()C( :i~,i~>:j i:lffOid~lbie ilCiU::WICi ',Jrli,
r cstec ,'Ii 'I. ':-',t2 Iii ::\ i-!.:..;r! ~n" :::',3': '_.rW ",c:,:;- \iC;:-j!-, Ncipi~'<',
Meeting Date:
.. '1 b/2008 S iJ'.,' t",M
Prepared By
('; :,: nl', k:.:1!T'7J,'1!
~r:!F
j",,-'1'!1:tc;:
::;.(:'
PUblic ~;::::rvi:::e~,
H(jl.'sing ?nc~ : ;~~:,:<-,I: .~,> 'v ';8:-
:2i:,~'t,';;;)[j'7 :::::.'12:55 ,tJ\/f
..:\pprovcd By
i/larc\/ ~:n);r0;.ie
;~:,ir(>cWr
_'"~ t':::
'-'ubiic S:}>\;-
:.iC,.'~';r::.:
:::.,:':5l7:iYli :,'~/' ;/it
,\ PIHoved B)
;c,r; <i'::::>.::"w
'~;ountv:i.ttorn!:~y
hun,\, !:,trU'TlfJ) "iffi-~.(
::/:':Z;!20D7" ,tu~ fl, ).3
Approved By
Marla Ramsey
Pubirc Servicr,~s /.\d,ninis,,~jWr
C;ate
Public Servi~es
Public Services Admin.
12/28/20074:44 PM
Approved By
OMS Coordinator
Applications Anatyst
Date
Administrative Services
InformatiDn Technology
~.'3!2008 8:55 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1J3120Q8 10:27 AM
Approved By
James V. Mvdd
County Manager
Date
Board of County
Commissioners
County Manager's Office
113120087:01 PM
file://C:\AgendaTest\Export\98-January%20 15,%202008\ 16.%20CONSENT%20AGENDA \ 1... 1/9/2008