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Agenda 04/14/2009 Item #16D 2 Agenda Item No. 16D2 April 14, 2009 Page 1 of 23 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign, five (5) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units located in Collier County. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached five (5) Developer lien agreements for deferral of I 00% of Collier County impact fees for owner-occupied affordable housing units. 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, applications for deferment were submitted by Developer(s) which applications, after staff review, were determined to qualiry for the program. The Developer(s) will sell the units to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the Developer fails to comply with the terms of the agreements, or the units cease to be utilized for affordable housing, or are not sold to legal residents, the full amount of deferred impact fees shall bc immediately repaid to the County, including all applicable interest and penalties. The ordinance requires that a lien agreement be entered into with the Developer as a condition of deferral of the impact fees. Section 74-401(3) of the Code authorizes the County Manager to sign deferral agrcements with Developers qualirying for impact fee deferrals for affordable 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 determined 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. Approval of this agenda item will defer 100% of Collier County impact fees for the following owner-occupied affordable housing units: Developer Lel!al Description Deferral Amount Habitat for Humanity 09-099 Naples Manor Addition Lot 9 $29,641.30 Block 13 Habitat for Humanity 09-100 Naples Manor Annex Lot 18 $22,571.30 Block 6 Habitat for Humanity 09-10 I Naples Manor Addition Lot 14 $22,571.30 Block 4 Habitat for Humanity 09-102 Naples Manor Extension $22,571.30 I LotSl Block 4 Habitat for Humanity 09- J 03 Naples Manor Addition Lot 9 $22,571.30 Block 4 ~.- Agenda Item No. 1602 April 14. 2009 Page 2 of 23 FISCAL IMPACT: These agreements in total defer $119,926.50 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: This item has been reviewed and approved by the County Attorney's Office. This item is not quasi judicial, and as such ex parte diselosure is not required. This item requires majority vote only. This item is legally sufficient for Board approval. - CMG STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached five (5) Developer Lien Agreements for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable I-lousing Dwelling Units located in Collier County. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services " Agenda Item No. 16D2 April 14, 2009 Page 3 of 23 _rato Fnak Ramtey /IRS 3301 E T_miami Trail N.p-. FL 34112 File# 09-099-IF This.pace ror recordi.. LIEN AGREEMENT WIm DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 14th day of April, 2009, 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. 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 term of this Agreement is from issuance of this Agreement until six (6) months after issuance ofthe certificate of occupancy for the dwelling unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), 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 Twenty Nine Thousand Six Hundred Fortv One and 30/100 Dollars ($29.641.30). 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 unites). 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 I Agenda Item No. 16D2 April 14, 2009 Page 4 of 23 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 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman 2 Agenda Item No. 16D2 April 14. 2009 Page 5 of 23 BY: ~~SSES: .~~J Print ame: ~^'';'1 ~v 1<=..vtJd ~~ ~ ~- Print Name:. mio ~ - ~ ST ATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this Lf day of March, 2009, by Samuel 1. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personAlly known to me or has produced as identification. ~"__A {;L * Signature of Notary Public N II ((VZQ ~(a -trQiCJ Print Name of Notary Public I ~,'''llfI'''lf4 [NOT A J>>ll:Jl..EilIBllL';""" ~~~""~R't'..~~'f:. ~A.: 'b.O e. v\ .Q'~-'r .0'" ~O.' ,...... -~. Elfll'" ;c;: ,,~CDft\m. 7.0\0: : :. : ,.,.,t 19~: ! \ .. ~.005 "~E ~. \.,CI,"Si '!i...,:~~.., O~,+1l !f,. 01' f\i".. '''''In.U'''\\! Approved as to fonn and legal sufficiency: 2:r:~ Director - Housing and Human Services 0fl-~P-o.()~ tJ~ . . . . . . . Colleen Greene I: ::::z- ^"""" Coomy- . ., .,. . .. ." . . . . . . . . . . . . . . - - , . . 3 Agenda Item No. 16D2 April 14. 2009 Page 6 of 23 EXHIBIT "A" LEGAL DESCRIPTION Lot 9, Block 13, Naples Manor Addition, according to the plat thereof, as recorded in Plat Book 3, Page 67 of the Public Records of Collier County, Florida. STREET ADDRESS 5434 Martin Street, Naples, Florida 34113 EXHIBIT "B" UMPACTFEEBREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 $503.49 C. Library Impact Fee D. Community Parks Impact Fee $1,075.25 $2,378.20 $9,026.12 $8,247.62 $796.05 E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee $309.75 J. Sewer System Impact Fee $3,495.00 $3,575.00 K. Water System Impact Fee TOTAL IMP ACT FEES $29,641.30 4 . Agenda Item No. 1602 April 14, 2009 Page? of 23 ReI1Iru to FnDk Ramie)' IDIS 3301 E T.miami Trail Naples, FL 34112 File# 09-100-IF Tbis.pItt! for recordiq LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100010 OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 14th day of April, 2009, 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: 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, 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 issuance of this 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 Twenty Two Thousand Five Hundred Seventy One and 301100 Dollars ($22.571.30). 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 unites). The lien shall tenninate 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 Agenda Item No. 16D2 April 14, 2009 Page 8 of 23 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 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: DONNA FIALA, Chainnan By: 2 Agenda Item No. 1602 April 14, 2009 Page 9 of 23 BY: ~~~ . Print Name: ~~O.-CA g&~~~-~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this '/ day of March, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is ~ or has produced as identification. '\\\\'"'"'''''''',,,,, ~ ~ ~ [Nq.~~~~'f:, . ~ .' !~.,~o \C;~ Signature of Notary Pubhc He-:: tAycomm,bP\t'.:. ! ;; : _"ltI,1910: i JJ L :: ~ 05-'.... . ~~" 110.0 r. /A'Ci OrlltJ rt"'~r I, \'-.' ~~ . ~.....~~!,~., ~$' Pnnt Name of Notary ~bhc ;',.. 0' .... ,,",- lith",...","' Approved as to fonn and legal sufficiency: Recommended Approval: ~Q . . . . . . . Colleen Gree e : : i: :: :::::: ~ssistant County Attorney IJ~~ Marcy Krumbine Director - Housing and Human Services . . . . . . . ...L_' _j . .L' . 3 ., Agenda Item No. 16D2 April 14, 2009 Page 10 of 23 EXlllBIT "A" LEGAL DESCRIPTION Lot 18, Block 6, Naples Manor Annex, according to the plat thereof; as recorded in Plat Book I at Page 110 of the Public Records of Collier County, Florida. STREET ADDRESS 5233 Holland Street, Naples, Florida 34113 EXlllBIT "B" IMP ACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $II2.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 $2,378.20 $9,026.12 E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee G. Road Impact Fee $8,247.62 H. Government Building Impact Fee $796.05 I. Law Enforcement Impact Fee $309.75 TOTAL IMPACT FEES $22,571.30 4 Agenda Item No. 1602 April 14, 2009 Page 11 of 23 Retara to Fruk Ranuey HHS DOl E T.miflmi TnliI Noples,FLl411Z FiIe# 09.101-IF TII. splice for rteOrdiq 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 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Hwnanity 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: 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, 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 from issuance of this Agreement until six (6) months after issuance ofthe 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 Twentv Two Thousand Five Hundred Seventv One and 301100 Dollars ($22.571.30). 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 unites). 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 I Agenda Item No. 1602 April 14, 2009 Page 12 of 23 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 oflien. 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 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman 2 Agenda Item No. 1602 April 14, 2009 Page 13 of 23 BY: wnNESSES, ~ ~or a'~ ~.~~ Print Name: ~-,n Irl ~4' II J.:...V\(~ -- S1 A TE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this Cf day of March, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ~-T- ~.. t4 gnature ofNoulry Public [NOTA.INIl"''Mf~] ..,";1:Cl1lA. ~ ,_ #~~tJ.bV;.I:t'''''.f!';\ ;:0.' ......., S ~: Ny eomm. bII'rtl : 0 I 5 : ,....\ d. 2010: : :: . 110 oostoUl . ,. \ -,' ..S" '\~'" PU9\..\~'~~" ...-~ ..... 0"'.- "",!1: OF I'\: "" 111"lIn,""" A J 0 1n'2a (,,~ - -r; 'fCJ Print Name of Notary Public Approved as to fonn and legal sufficiency: Recommended Approval: l--,+~ J Mfu-dy Krumbine Director - Housing and Human Services ~- : . :- : . . , : . : . l:!olleen Greene , . . "::: ~ssistant County Attorney 3 Agenda Item No. 1602 April 14. 2009 Page 14 of 23 EXHIBIT" A" LEGAL DESCRIPTION Lot 14, Block 4, Naples Manor Addition, according to the map or plat thereof as recorded in Plat Book 3, Page(s) 67, Public Records ofCoIlier County, Florida. STREET ADDRESS 5249 Hardee Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 $2,378.20 E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Building Impact Fee $796.05 I. Law Enforcement Impact Fee $309.75 TOTAL IMP ACT FEES $22,571.30 4 ~ \ Agenda Item No. 16D2 April 14. 2009 Page 15 of 23 _...to Fr'IIDkRatllR)' IUIS 3301 E T.milmi Trail N.ploo, FL 341\2 File# 09-102-IF This SpM:e lOr recordi.. 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 14th day of April, 2009, 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. 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 term of this Agreement is from issuance of this Agreement until six (6) months after issuance of the certificate of occupancy for the dwelling unites). 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 Twenty Two Thousand Five Hundred Seventy One and 30/100 Dollars ($22.571.30). 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 I . . Agenda Item No. 16D2 April 14. 2009 Page 16 of 23 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 oflien. 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 (\ 0%) ofthe 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 Qrdinance, 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chairman 2 . Agenda Item No. 16D2 April 14, 2009 Page 17 of 23 - of Collier County, Inc. BY: ~~~ Print Name: <;-.o;:;;r:A Ie hl"-,t'lcv,-j ~:iJo~ !.~-;;; STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this 1/ day of March, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ~1A1<e- ~_.- Signature of Notary blic [NOTARI~~M!I'"" ...'''. ...-"[0"",,, ,.'"~ ~ ~r .. "")'0; $<?O~" 'Jb 'iAltiJ'..~<t>.1 ::~: ......... i : My Comm. bplm ~ 0 :: : Augult 21, 1010 : i -. No. DD HOaI : ~ -.. .. ~~" ~I.~.,~ ~,.~ti......~" "'" OF f\) ii ;""",..,,1'1'\ -/v tV OIA'2L:J ~,..w 7~/~ Print Name of Notary Public Approved as to form and legal sufficiency: Recommended Approval: ~~" '. '. ". . . . . . . 'Colleen Greene.! I >z.- Cowtty-" . . . . . . . . . . .. ... . .. ... . . . . . . . .............. ^-.J arcy Krumbine Director - Housing and Human Services 3 , . EXHIBIT "A" LEGAL DESCRIPTION Agenda Item No. 1602 April 14, 2009 Page 18 of 23 Lot 51, Block 4, Amended Plat of Naples Manor Extension, according to the map or plat thereof as recorded in Plat Book 3, Page(s) 101, Public Records of Collier County, Florida. STREET ADDRESS 5465 Collins Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed 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 Building Impact Fee I. Law Enforcement Impact Fee TOTAL IMPACT FEES $112.46 $122.36 $503.49 $I,075.25 $2,378.20 $9,026.12 $8,247.62 $796.05 $309.75 $22,571.30 4 Agenda Item No. 1602 April 14, 2009 Page 19 of 23 Ret1II1l te Fhak Ranuey HHS 3301 E Tamlaml Trail Naples,. FL 34112 File# 09-103-IF filii space for recordi..- 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 14th day of April, 2009, 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: 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, 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 from issuance of this 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 dwellingunit(s), unless the dwelling units ate 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 Twenty Two Thousand Five Hundred Seventy One and 30/IOO Dollars ($22.571.30). 5. The deferred impact fees shaH 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 tenninate 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 I Agenda Item No. 1602 April 14. 2009 Page 20 of 23 mortgage or other security interest, this lien shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, Jessee, 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 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 day basis until paid. DEVELOPER will sell the unit to persons whose legal status will be verified, documented and kept on file at the office of Housing and Human Services. If the developer fails to comply with the tenns of the agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal residents, the full amount of deferred impact fees shall be immediately repaid to the County, including all applicable interest and penalties. 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 ftrst above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, Chail1l1ar\ 2 '. Agenda Item No. 16D2 April 14, 2009 . Page 21 of 23 BY: of Collier County, Inc. w;J~E,S: _ PrintName: ~e{(/<tVlQIC,( ,2!..!:"I. j5f r..g,;r;.; STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument was acknowledged before me this 'I day of March, 2009, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc., who is personally known to me or has produced as identification. ~~~* SIgnature of Notary Public ~Q{ML\ (ort:&..) (dolC) 'nt Name of Notary Public [NOT ARIAL ~'!1"""", ,'.......O~... "''ll ,1o~~\toi''':~j:;!'~t:''''~ 1S . . ~ ....s: . . .... ~ 011I;O. . :: = : My Comm. expire. : 0 = ; : .qUIt 21. 2010: 5 'i .. No. 00 51033S: i ~ . . ;:: ~~... PU8L\~..'~~$ "...,.,,..:,...... O~~,,~ '1';,1::- OF F\..! ,,\~ IIJ"un""'" Approved as to fonn and legal sufficiency: ---t? ..............C~~~ 0 I.:. : .z";"" c<,,"~ "''''moy ::::::-::::'::: a y Krumbine Director - Housing and Human Services 3 Agenda Item No. 16D2 April 14. 2009 Page 22 of 23 EXHIBIT "A" LEGAL DESCRIPTION Lot 9, Block 4, Naples Manor Addition, according to the map or plat thereof as recorded in Plat Book 3, Page(s) 67 and 68, Public Records of Collier County, Florida. STREET ADDRESS 5234 Martin Street, Naples, Florida 34113 EXHIBIT "B" IMP ACT FEE BREAKDOWN Type ofImpact Fee Amouot Owed A. EMS Impact Fee $112.46 B. Correctional Facilities Impact Fee $122.36 C. Library Impact Fee $503.49 D. Community Parks Impact Fee $1,075.25 $2,378.20 E. Regional Parks Impact Fee F. Educational Facilities System Impact Fee $9,026.12 G. Road Impact Fee $8,247.62 H. Government Building Impact Fee $796.05 I. Law Enforcement Impact Fee $309.75 TOTAL IMPACT FEES $22,571.30 4 Page I of 1 Agenda Item No. 1602 April 14, 2009 Page 23 of 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D2 Meeting Date: Recommendation that the Board of County Commissioners approves and authorizes the ChaIrman to sign, five (5) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units located In Collier County, 4/14/200990000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 3/11/20099:40:30 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 3/27/20099:16 AM. Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 3127/20093:23 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 3/27/20094:24 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 3/30/200912:57 PM Approved By OMS Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 3/31/20099:13 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3131/20094:23 PM Approved By Winona W. Stone Assistant to the County Manger Date Board of County Commissioners County Manager's Office 4/3/2009 11 :09 AM