Agenda 01/15/2008 Item #16D24
Agenda Item No. 16D24
January 15, 2008
Page 1 of 5
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Latoya Rene Shipman (Owner) for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit
located at Lot 18, Liberty Landing, lmmokalec,
OBJECTIVE: That the Board of County Commissioners (Board) approves. and authorizes the
Chairman to sign, the attached lien agrecl11ent with Latoya Rene Shipman for deten'al of 100%
of Collier County impact fees for an owner-occupied affordable housing unit.
CONSIDERA TlONS: Article I V of Chapler 74 of the Code of Laws and Ordinances
established a program 10 defer impact lees li,r qualilied affordable housing, Pursuant to this
program, an applicationl{Jr dclermenl was submitted by Latoya Rene Shipman, which
application, after staff review. was determined to quality t()r the program. Legal status has been
verified and documents are on file at the onice of Housing and Human Serviees. I'he property is
located in the Liberty Landing subdivision in Iml11okalee.
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The ordinance requires that a lien agreement be entered into with the applicant as a condition of
dderral of the impact fees. Sect ion 74-40 I (3) or the Code authorizes Ihe County Manager to
sign delerral agreements with applicants qualirying lor impact fee deferrals ['or alfordable
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 detennined 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 $12,442.52 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 CONSIDERATIONS: 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.
f
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 Latoya Rene Shipman located at Lot
18, Liberty Landing, Immokalee.
,
I
.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
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Retumto
;\genda Item No. 16024
January 15, 2008
Page 2 of 5
F............,
Co1llef' County HHS
33(11 E. Tamlami Trd
Nllplcl, Fhrida34112
File# 08-069-IF
Thh8pacef..rreeordill&
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered mto this IBi!1day of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Latoya Rene Shipman" (OWNER),
collectively stated as the "Parties."
NO"'. THEREFORE, for good and valuable consideration. the receipt and sufficiency uf
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 County, Florida, knoM1 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 [Tom the date set forth above until the impact fee is repaid.
4. The amount of the Impact fees deferred shall he 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 tbe deferred impact fees is Twelve Thousand Four
Hundred Forty Two and 521100 Dollars f$12.442.52). Repayment shall include any accrued
interest. Interest shall be computed at the rate of five percent (5%) per annmn, 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 wtit. 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 witb 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. 16D24
January 15, 2008
Page 3 of .s
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 delimit 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 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 shaJ] 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 dale and year first
above written,
Attest:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSJONERS
COLLIER COUNTY, FLORIDA,
By
By
. Deputy Clerk
JAMES COLETTA, CHAJRMAN
Witnesses:
'-1f\ <W:i Q., (\ 0... Jl!,,,,"'-'"J.,
Print Name N\,,~ \l. ~1iQ{aola
OWNER:
12se~ . . ~~
Pnnt ~I.:J " . n+v---
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agr~elDent was acknowledged before me this L day of ~
2001-yy k~ ~/~ ._.,.~ho is person~ily ~own to me or has produced
~_ _rr (/ov j,.1f~ as proof denlIty.
[NOTARIAL SE
'-"'" A S M1;NDOZA
~~ MYCOMMl. S~ION~OOS94447
~EXPIRE5.~12.2{l1D
'.....t~lJOTAAY Fl_NoI"J'OI_'MIa<.Co.
App ed s t fonn
and]
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EXHIBIT "A"
Agenda Item No. 16024
January 15, 2008
Page 4 of 5
LEGAL DESCRIPTION
Lot 18, Liberty Landing, according to the plat tbereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, of tbe Pu hlie Records of Collier County, Florida~
STREET ADDRESS
3588 Liberty Way, Immokalee, FL 34142
EXHIBIT "B"
IMPACT ~'EE BREAKDOWN
Type of Impact Fee
Amount Owed
A. EMS Impact Fee
$100.59
$62.14
$368. I 8
B. Correctional Facilities Impact Fec
C. Library Impact Fcc
D. Community Parks Impact Fee
TOTAL IMPACT FEES
$750.00
$1,659.(JO
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.52
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
JAKApprolled_I_/_
Page 1 of I
Agenda Item No. 16024
January 15, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
:~jD24
Item Summary:
F'.8commendation ir13t thE: BDClld of Cou111'l' Commis~lonel.s 3DpID\'es. ~~nd ,"luthorizes th9
CharnTL3n to ~,I<;F" ;:i iter: agr8E'mO':nt (.'In ! c;l(j'jt:i ~~e!lp Ship'lVW ;<)wnel) fOf deferr'8! uf ' DOryu
01 Coi!le!' COUiii\,' l;nDiL;t iessk:r Jr., ~_'..."'n'""I-:)GCLlpled ~,ffO'-(1~lb!e i)JUSlng unit ioeated at Loot
:t, i_ihe'ty l_anding IITHTlC!kalee
Meeting Date:
:)O(J,~; ~!<JD
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Prepared By
;:: r-,-~ ni' :;;;~t,I~"')'
,.; -~lF
1".1.e
P'dblic S,,,rv!c:,e
,-,~,-~u", ;'1(' a"I:! 1"."11;-;1;
-'n :/2;)07 H;:37:35- ,L.j'Jl
Approved By
i'J;arcy <nnT,t;.-,
"f" ',r;H
;;",-e
;: -.;;)~"; S-::'Yvlr _ _
~~ '"'1U''':,,:;! .<...1>;,.,'.-',;
;j~';;!2%7 'Of. M
Approved By
;~f1 i< -.;j-:i.YJi'N
" ""':!';-'
~>H:t1t\' ',-::,;y'i(-"
;>Jntv -CJ:',l'-' .")ff;,-;,:
'L'~,'~~i2C;J7
U:'; ,.::d',!,
Approved By
i'/ia,:a Rams,ey
Pu!)i\c 3E~rvicf'S AdminisiJ'CllOr
0ate
F'ubfic ServiC0-S
Public Services Admin,
i 2/28/20074:48 PM
Approved By
OM8 Coordinator
Applications .Analyst
Date
Administrative Services
Information Technoiogy
1/3!2008 8:57 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
113/2D08 1D:51 AM
Approved By
James V. Mudd
County Manager
Date
Board of C?unty
Commissioners
County Manager's Office
113/20087:18 PM
file://C:\AgendaTest\Export\98-January%20 15, %202008\ 16.%20CONSENT%20AGENDA \ I... ] /9/2008