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Agenda 01/15/2008 Item #16D25 Agenda Item No, 16025 January 15, 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 Christine Excellent (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied at1"ordable housing unit located at Lot 20, Trail Ridge, East Naples. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Christine Excellent tt)r deferral of 100% of Collier County impact tees ft)r an (owncr-occupied affordable housing unit. CONSIDERATIONS: Article IV of Chapler 74 of the Code of Laws and Ordinances established a program to deter impact fees felr qualified affordable housing, Pursuant to this program, an application for deferment was submitted by Christine i,xcel1ent, which application, after staff review, was determined to qualify It)r the program. Legal status has been verified and documents are on tile at the oflice 01' Housing and /.Iuman Services. The property is located in the Trail Ridge subdivision in r:ast "laple;;. 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(]) of the Code authorizes the County Manager to sign defen-al agreements with applicants qualifying lur impact tee deferrals for affordable housing. which has long been the pract ice. The ordinance, however, gives the County Manager discretion in whether to enter into the /\greement. Accordingly, in keeping with recent discussion and direction by the Board, the County Attorney's Office has detclmined that until directed otherwise by the Board. thcsc agreements be placed on the Consent Agenda for the Board's review, approval and Chainnan's signature. FISCAL IMP ACT: This agreement deters $19,372.52 in impact fees. Although it is expected that the County will ultimately collect these deterred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, Ihis would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 ofthe 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 Christine Excellent located at Lot 20, Trail Ridge, East Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Retum to Agenda Item No. 16025 January 15, 2008 Page 2 of 5 Frank RaUlleY Collier Cn.nty HHS 3301 E.T.miaPrlT....1 N.pln,Ftorlda341I2 File# 08-097-IF Thlsspllceforl"l'eOrdlDI LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this ,13!.'day of December, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Chnstine Excellent" (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: 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 tenn of this Agreement is from the date set forth above until the impact fee is repaid 4. The amoWlt of the impact fees deferred shaH 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 Nineteen Thousand Three Hundred Seventy Two and 52/100 Dollars ($19.372.52). 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 othervlise 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 docwnentation 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 '\genda Item No. 16ip25 January 15, 2p08 may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, Page 3 ff 5 or bnng a civIl actIOn to enforce thIS Agreement, or declare that the deferred Impact fees are then In default and Immediately due and payable [he COUNTY shall be entJtled 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 shall be recorded in the official records of the County at no cost to the COUNTY IN WITh'ESS ,",'HEREOF, the Parties have executed this Agreement on the date and year first above ,""ntten Attest. DWIGHT E BROCK, Clerk llOARO OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By B\ Deputy Clerk JAMES COLETTA, CHAIRMAN Witnesses: ,:m()~.!;!,L.a.L.i.(l.< "A^ ~~ Print Name 1---\ Qr...... ./HII<Ua.J. OWNER ~vist,'Ylf' ~cP!k>1 t Christine Excellent OWNER: +u-. STATE OF FLORIDA) COUNTY OF COLLIER) kno ledged before me this ~ day of ~ It. , who is personally knO\\l1 to me or has produced 1Lt't. i 60 ' as pr of identity. [NOTARIAL SEAL] r.'~ AGNES MENDOZA _ MY COMMISSION II 0019,u'1 ~...::;r EXl'IIl!S:S""II'nbIrI%.201O l"UI'.NO'To\Il~ Pl,Noo:V)'DI_"-'C~ ent y: Recommend Approval: ~g~,i~~ Director Collier County Housing and Human Services EXHffiIT"A" LEGAL DESCRIPTION Lot 20, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records oreollier Count)'~ Florida. STREET ADDRESS 13360 Covenant Road, Naples, Florida 34114 EXHffiIT '"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 Fec G. Road Impact Fee H. Government Buildings Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMP ACT FEES JAKApproved_I_I_ ~ Agenda IIem No. 16 25 .January 15, 2 08 Page 4 f 5 Amount Owed $10059 $62.14 $368 18 $75000 S1,65900 $2,86200 $6,05900 $410.00 $171.61 $3,41500 $3,51500 $19,372.52 Page ] of 1 Agenda Item No. 16025 January 15, 2008 Page 5 at 5 COLLIER COUNTY BO.~RD OF COUNTY COMMISSIONERS Item Number: "iC[J25 Item Summary: R,,'corrHIH:.n.1alion Plai the Bcard Of COlli"1tV Commissioner:". "i1pr'DI/("S. 2nd ELjlhor:zes ~he CI-,a:r:~.":H', to;i;)il 2 li8n 3gre8rnent with Chllstlrie E:<cellent rOwn8r;- for JE'o'fenal of 10D'% of .:r)!i::,r C:()~!llh... Ilnt'3C: .:~e<:- 10" :1n:>wnel '",';c;~1[)led ciffCJ'd2.bie tiJusing :J;llf 1(J::;ated at Lot ~;C ; ~ai' [~idge Eas: Ha;:tie2 Meeting Date: i': :C\FJ5 S':UOU':-I L!\ij P,-epared By . '3nf: '0 (.' jTi~,,(>, ':'I.;F -:'~;onl ''C.H Cdn':,l{l( lJale ::'ubik S;)"I[~:{'3 ("!!'~mg .-; U:L~ <, ~- e,' ,.,- I.; ~ 12/21r20Ci7 10:;;9:30- :UVl ,Approved By !Ii: i:11",,~ \ ~'(LT', t:,j' ;;::. .>" '., 'tP --\rbfk ~}('.!'Vi::e ., .,:,'~:G/2')n7 S:W; :.-.,t\f, Approved By _'eft (,';8t2:~ ,Y,r,' c ~ '. i" ',",r",',. '..;Jllnl1/;'." :;;n12Y ^C'~JnV ;;,:1 (HTt'o'}-' 7fice '~'<:t:':2{)C'7 '1 ~.1:4:': I-,:vi Approved Ry hflarla R.amsey Publfc Services ;:',drr',inistrator ~)?ti2. Public Services Public Se~vices Admin. 12i28/200i 4:50 PM Approved By OMB Coordinator t>.ppflcations ,b,nalyst Date Administrztive ~,ervices Inforrnation Technology 1.r::/200e 9:05 AM Approved B.y Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1!3f2008 10:54 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/3/20087:29 PM file:l/C:\AgendaTest\Export\98-Januarv%20 15. %202008\ 16.%20rONSF.NT%?OAr. 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