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Agenda 01/26/2010 Item #16D5Agenda Item No. 16D5 January 26, 2010 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an impact fee deferral modification agreement to correct the amount of regional parks impact fees deferred and to provide consistency with the actual fees reflected on the permit payment slip. OBJECTIVE: To approve and authorize the Chairman to sign an impact fee deferral modification agreement to correct the amount of regional parks impact fees deferred and to provide consistency with the actual fees reflected on the permit payment slip. 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, Habitat for Humanity of Collier County, Inc. submitted an application for deferral of impact fees and the Board of County Commissioners approved the request. The approved and fully executed deferral agreement was subsequently recorded at OR Book 4514 Page 2970, of the Public Records of Collier County. Following Board approval, staff determined that the regional parks impact fee was incorrectly listed in the agreement. As such, the total amount of fees deferred and the regional parks impact fee are not consistent with the actual fees as they appear on the permit payment slip. Execution of this modification agreement will: 1. Correct the total amount of fees deferred — The recorded agreement provides for a deferral in the amount of $14,591.26. The correct and amended total amount of fees deferred is $13,981.67. 2. Correct the amount of regional narks impact fees deferred — The recorded agreement provides for a deferral of regional parks impact fees in the amount of $1,907.85. The correct and amended total amount of regional parks impact fees is $1,298.26. FISCAL IMPACT: This modification agreement will reduce the outstanding deferral agreement by $609.59. The reduction in the outstanding deferral agreement will provide consistency with the actual fees reflected on the permit payment slip. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. It is legally sufficient for Board action. — CMG STAFF RECOMMENDATION: To approve and authorize the Chairman to sign an impact fee deferral modification agreement to correct the amount of regional parks impact fees deferred and to provide consistency with the actual fees reflected on the permit payment slip. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Agenda Item No. 161D5 January 26, 2010 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D5 Item Summary: Recommendation to approve and authorize the Chairman to sign an impact fee deferral modification agreement to correct the amount of regional parks impact fees deferred and to provide consistency with the actual fees reflected on the permit payment slip. Meeting Date: 1/26/2010 9:00:00 AM Prepared By Frank Ramsey Manager - Housing Development Date Public Services Division Human Services 11712010 8:43:07 AM Approved By Marcy Krum bane Director - Housing & Human Services Date Public Services Division Human Services 111112010 8:55 AM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 1111/2010 3:58 PM Approved By Tons Nelson Administrative Assistant, Senior Date Public Services Division Parks & Recreation 11121201011:09 AM Approved By Marla Ramsey Administrator- Public Services Date Public Services Division Public Services Division 111212010 2:38 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 111412010 9:22 AM Approved By Jeff Klatzkow County Attorney Date 111412010 4:32 PM Approved By Sherry Pryor Management/ Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1/1412010 4:53 PM Approved By Mark lsackson ManagementlBudget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1/1612010 10:41 AM Agenda Item No. 16D5 January 26, 2010 Page 3 of 9 Prepared by: Frank Ramsey Collier County Housing and Human Services 3301 E. Tamami Trail Naples, FL 34112 THIS SPACE FOR RECORDING MODIFICATION AGREEMENT This Modification Agreement is entered into this 26`s day of January, 2010, between Collier County, a political subdivision of the State of Florida (COUNTY) and Habitat for Humanity of Collier County, Inc. (DEVELOPER) 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: 1. LIEN AGREEMENT. DEVELOPER has given to COUNTY a lien agreement dated December 1, 2009 as recorded at OR Book 4514 Page 2970, of the Public Records of Collier County, Florida. DEVELOPER warrants that it is still the owner of the property. COUNTY warrants that it is still owner and holder of said lien agreement. Parties warrant they have good right and authority to enter into the Modification Agreement. 2. MODIFICATION. In consideration of the mutual covenants herein and other good and valuable considerations, the Parties agree that said lien agreement is modified as follows: a Page One, Section Four: "As set forth in Exhibit `B ", the amount of the deferred impact fees is Fetu4eea Thousand Five Hundred Ninety One and 26,1100 Pellafs ($14,591.26) Thirteen Thousand Nine Hundred Eighty One and 67/100 Dollars ($13,981.67)." • Page Four, Exhibit "B ": "E. Regional Parks Impact Fee $1,997.83 $1,298.26 3. OTHER TERMS. Notwithstanding anything to the contrary herein or in the lien agreement, the lien and operation of the lien agreement shall continue in full force and effect except as modified by this agreement. All other terms of said note and mortgage remain unchanged. 4. COMPLIANCE. The DEVELOPER covenants and agrees to perform, comply with, and abide by each and every one of the provisions of the lien agreement, as modified hereby. 5. AGREEMENT BINDING. This agreement shall be binding upon and inure to the benefit of the heirs, legal representatives, and assigns of the DEVELOPER and to the successors and assigns of the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Modification Agreement to be executed as of the date first above written. -1- Attest: DWIGHT E. BROCK, Clerk By: Deputy Clerk Agenda Item No. 16D5 January 26, 2010 Page 4 of 9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 1/26/2010 CHAIRMAN DEVELOP : H itat for Humanity of Collier County, Inc. BY: S J. Durso, M.D. President STATE OF FL-ORMA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this 3 day of 200 _, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is ly known to me or has produced I _ as identification. Opw..." �f"'• 9 s n fNo MY 1'c CoMM, EXPIRES q JULY27,2010 [/ to rao.00sleeas tint Name of Notary Public .•.p,.�`�G,`OQ OF,F�OQ- Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney Reconqended Approval: 'Marcy Krumbine Director — Housing and Human Services -2- Permit Payment Slip CDPR1120 - Permit Payment Slip PAYMENT SLIP NBR: PT- 2009110086 PERMIT NBR TYPE STATUS 2009110086 BR2 READY JOB DESCRIPTION 1 STY S/F ATT 3/2 VILLA ADDRESS 10299 KINGDOM CT APPLICANT OA HABITAT FOR HUMANITY OWNER INFORMATION HABITAT FOR HUMANITY OF COLLIER COUNTY 11550 TAMIAMI TRL E NAPLES FL 0 341137906 RATE CLASS NEW /EXIST COA NUMBER 09 -0072 JOB PHONE (239)775 -0036 Agenda Item No. 16D5 January 26, 2010 Page 5 of 9 MASTER NBR -?r04 4 cof(E J 4 a"4+ WATER UNITS SEWER UNITS WATER DIST SEWER DIST WTR MTR SIZE SWR MTR SIZ CC Sc FEE CODE DESCRIPTION USER WAIVED AMOUNT DUE 09COA4R ROAD COA CREDIT D4 RES FLORISROGERS N - 7,725.00 08BCAI BLDG.CODE CERT. SURCHARGE POTTER_T N 6.46 08BPNP BLDG PERMITS - NAPLES POTTER_T N 608.56 08ENIM EAST NAPLES FIRE IMPACT POTTER_T, N 284.46 08MFSG MICROFILM SURCHARGE POTTER_T N 5.82 08RDGS BLDG. PERMIT SURCHARGE POTTER_T N 6.46 / 09CPMF COMM. PARKS M/F IMPACT FEE FLEISHMANPAULA Y 862.50✓ 09EMMF EMS M/F IMPACT FEE FLEISHMANPAULA Y 116.06 09GBMF GOVT BLDG M/F IMPACT FEE FLEISHMANPAULA Y - 482.59, 09JLMF JAIL M/F IMPACT FEE FLEISHMANPAULA Y 190.61 09LBMF LIBRARY M/F IMPACT FEE FLEISHMANPAULA Y 424.14 09LWMF LAW ENF M/F IMPACT FEE FLEISHMANPAULA Y 193.83 09MFR4 ROAD M/F D4 IMPACT FEE POTTER_T N 09RPMF REG. PARKS M/F IMPACT FEE POTTER _T N X1,298.26 09SCHI SCHOOL IMPACT FEE. POTTER_T N 11PLNRV ZONING PLAN REVIEW - PLANNING POTTER_T N 125.00 11PUDM PUD MONITORING FEE - POTTER_T N 100.00 12SITE SITE INSPECTION - ENGINEERING POTTER T N 150.00 42MTTP COUNTY METER TAP CHARGE POTTER_T N 257.00 42SSRS SEWER IMPACT FEES RESIDENTIAL POTTER_T N 3,495.00✓ / 42WSRS WATER IMPACT FEES RESIDENTIAL POTTER _T N 3,575.00 ✓ 08BACR BLDG. PERMIT APP. FEE CREDIT POTTER_T N - 193.95 TOTAL DUE 513.061.75 Collier County Printed on: 12/30/2009 10:13:23AM CD -plus for Windows 95/98/NT Page 1 of 1 INSTR 4368975 OR 4514 PG 2970 RECORDED 12/3/2009 10:51 AM PAGES 4 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC E35.50 Return to Funk Ramsey HHB 3301 E Tamismi Traa Naples, FL 30112 File# 10- 056 -IF This spats for recording Agenda Item No. 16D5 January 26, 2010 Page 6 of 9 LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 1st day of December, 2009, between Collier County, a political subdivision of the State of Florida (CDLINTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collec ' s." NOW, THEREFORE, fo o and valuable cons �iaEat n, the receipt and sufficiency of which is mutually acknowledg d, s a ows: I. This Lien Agreement is a f C e of Laws and Ordinances of Collier County, Florid kn as ` e o o o dated Impact Fee Ordinance" h (Ordinance). In the ev alt^ f any co 1ct w1 his gre t, the terms of the Ordinance shall apply. �It 2. The legal description of the unit is attache lbit "A." 3. The term of this Agreement is Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unit(s). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Fourteen Thousand Five Hundred Ninety One and 26/100 Dollars ($14.591.26„), 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(s). 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 from. Except as provided by law, regardless of any foreclosure on the first 1 OR 4514 PG 2971 Agenda Item No. 16D5 January 26, 2010 Page 7 of 9 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (10 %) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Or ' Air Ono declare that the deferred i s are then in i The COUNTY shall be tit ver all fet costs, incurred by the O in o in t maximum statutory ra e r u n DEVELOPER will sell r e le kept on file at the office ousing and Hum with the terms of the agree L r the unit ceases not sold to legal residents, the U action to enforce this Agreement, or to the County, including all applicablepenalties. I immediately due and payable. s, including attorney's fee and nt, plus interest at the then c endar day basis until paid. 1 be verified, documented and the developer fails to comply zed for affordable housing, or is fees shall be immediately repaid 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the DEVELOPER'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 written, Attest: DWIGHfP` 'b",gK,Clerk S!t_t a BOARD OF COUNTY COMMISSIONERS COLLIE UNTY, FLORIIaA By: 12/01/2009 DONNA FIALA, Chairman 2 OR 4514 PG 2972 DEVELOPER: Habitat for Humanity of Collier County, Inc. BY: 6! am t Durso . . President WITNESSES: STATE OF FLORIDA COUNTY OF COLLIER The forgoing instru Samuel J. Durso, M.D. as I personally lmown to me or [NOTARIAL SEAL] Agenda Item No. 16D5 January 26, 2010 Page 8 of 9 day of'OcA- 2009, by nty, Inc., who is I'V PlA fT ql �.r .a c U. U0110 'ogP•a�Pav • -0 y E C r, a �aZu L • T SM Z: �y 100 Print Name of Notary Public n. Approved as to form and legal sufficiency: Colleen Greene Assistant County Attorney Recommended Approval: Cn "-lam jbine*4 Director — Housing and Human Services * ** OR 4514 PG 2973 * ** EXHIBIT "A" LEGAL DESCRIPTION Agenda Item No. 16D5 January 26, 2010 Page 9 of 9 Lot 18, Regal Acres, according to the plat thereof, as recorded in Plat Book 49, Pages 87 through 90, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 10299 Kingdom Court, Naples, Florida 34114 EXHIBIT "B" IMP Type of Impact Fee / 5� �l�c � � Amount Owed A. EMS Impact Fee I( $116.06 B. Correctional Faci $190.61 C. Library Impact Fee �� $424.14 D. Community Parks Im `I�� C $862.50 E. Regional Parks Impact Fee E CIRC� $1,907.85 F. Educational Facilities System Impact Fee $3,343.68 G. Government Building Impact Fee $482.59 H. Law Enforcement Impact Fee $193.83 I. Water Impact Fee $3,575.00 J. Sewer Impact Fee $3,495.00 TOTAL IMPACT FEES $14,591.26 9