Agenda 01/15/2008 Item #16D26
Agenda Item No. 16026
January 15, 2008
Page 1 of 5
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EXECllTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Joseph Previlus and Marie Previlus (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 12, Liberty Landing, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Joseph Previlus and Marie Previlus illr
deferral of 1 00% of Collier County impact fees felr an owner-occupied aft(,rdable housing unit.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances
established a program to defer impacl lees for qualified affordable housing, Pursuant to this
program, an application for deferment was submitted by Joseph Previlus and Marie Previlus.
which application, after staff review, was determined 10 qualify Illr the program. Legal status
has been verified and docurnenls arc on lile al the oHice of Housing and j-Iuman Services. The
property is located in the Libel1y Landing subdivision in Immokalee.
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The ordinance requires that a lien agreement be entered inlo with Ihe applicant as a condition of
deferral of the impact fees. Section 74-401 (3) of Ihe Code authorizes the County Manager to
sign deielTal agreements with applicants qualiJi,ing for impact fee deferrals [or afllJrdable
housing, which has long been the practice. The ordinance, however. gives Ihe 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 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 $12,442.52 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 oceur.
GROWTH MANAGEMENT IMP ACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Codc 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 Joseph Previlus and Marie Previlus
located at Lot 12, Liberty Landing, ImmokaJee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Serviees
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Reblmto
.I\genda Item No. 16026
January 15, 2008
Page 2 of 5
FraIlk Raant:y
Collier CDWlty HIlS
3301 E. TllDllamITndI
N.,oo,F'klrilk34IU
File# OS-075-1F
Thill space for n'>Ct)rding
LIEN AGREEMENT FOR DEFERRAL OF Joo% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUP,IED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this ~ay of December, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Joseph Previlus and Marie Previlus"
(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:
I. 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, JlIe terms of the Ordinance
shall apply.
2 The legal description of the dwelling unit is attached as Exhibit "A"
3. The term of this Ab'Teement is from the date set forth above, until the impact fee is repaid.
4 The amount 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 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 Twelve Thousand Four
Hundred Fortv Two and 52/100 Dollars ($12.442.52). 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 he 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
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
Agenda Item No. 16026
January 15, 2008
Page 3 of 5
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 m 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 otTtcial records of the County at no cost to the
COUNTY
IN \\-TfNESS WHEREOf" the Panies have executed this Agreement on the date and yeaf first
above \vritten.
Attest:
DWIGHT E BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By _______
By
. Deput)' Clerk
JAMES COLETTA. CHAIRMAN
Witnesses:
'717 adJa- Mo.-wd-o
Print Name t\.1ar#ra ALVQ~o..dt)
OWNER
jB~{.... ec"::L!.lL~3
Jdseph Previlus
"
OWNER:
dfA;/f?W-~1 &A-o
Ma: 'e Previlus
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STATE OF FLORIDA)
COUNTY OF COLLIER)
The fo
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gain
Agr~ent wa
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ledged before me this 1$ day of ~
is personally knovm to me or has produced
s proof entity.
[NOTARIAL SEAL]
~, AGNES 'f1lNDbZA
,"'IiI "n:C'OM/ol'.J,;,ION~DO'94447
, J' EXPIItl!!'~12.201O
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EXHIBIT UA"
LEGAL DESCRIPTION
Lot 12, Liberty Landing, according 10 lbe pIal tbereof,
as recorded in Plat Book 47, Pages 71 through 73,
inclusive, urtbe Public Records of Collier County, Florida.
STREET ADDRESS
3564 Liberty Way, Immokalee, FL 34142
EXHIBIT "B"
IMPACT FU: BREAKDOWN
Type ofImpact 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 Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
1. Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAK Appwwd _1_1_
lIaenda Item No, 16026
~ January 15, 2008
Page 4 of 5
Amount Owed
$100.59
$62.14
$368 18
$750 00
$1,65900
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.52
Page I of 1
Agenda Item No. 16026
January 15, 2008
Page 5 01- 5
COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
Item Number:
0026
Item Summary:
1;;l~C()n1'"n0r:dilii()r\ thClt lhe 8Gi'lf-J of C:c},mt\.'::>Hnmissloner::; 3~)prO\les ~H'ld authorizes il:8
Ch"miTia~1 ::) siqn 2 ;!Ci-i agrt-eille,!t With .ic:>::,ep:, :::':e,jlius an.:::] 1\I1i'Hi8 Previ!us (Owners) for
:J",:ler-a: 'Jf : JV":)f C>:~I!:,?~ C';:JL!'l'V inwi' ,-.t "'O'e~r,-'" :w '::\Nr'er..v<,'lIl'!ed 3fforc8bie :;C1l!SrnO unit
'::Katc,,:: ~;( !_ot i L :_I;y:~ty Lane.llll;! Im;:)c'L?;ie-~:'
Meeting Date:
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Prepared By
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Approv,ed By
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'\pproved By
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Approved By
p,r.arl" Ramsey
Puniic Servi~:r"s Administrator
Date
Public Services
Public Services Adm!;],
1/2/20D8 9:52 AM
Appro\'ed By
OMS Coordinator
P,ppHcations Analyst
Date
Administrative Services
lnformation Te;:;hnoiogy
1/3/2008 9:05 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/3f2008 10~5B AM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/3/20087;32 PM
file://C:\AgendaTest\Export\98-Januarv%20 15. %202008\ 16.%20CONSENT%20AGENDA \ I... 1/9/2008