Agenda 10/28/2008 Item #16D13
Agenda Item No. 16013
October 28,2008
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 82, Trail Ridge, East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Habitat for Humanity of Collier County, Inc.
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit.
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, an application for deferment was submitted by Habitat for Humanity of Collier
County, Inc. which application, after staff review, was determined to qualify for the program.
Habitat for Humanity of Collier County, Inc. 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. The
property is located in the Trail Ridge subdivision in East Naples.
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 agreements with Developers qualifying 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.
FISCAL IMPACT: This agreement defers $22,325.96 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 IMPACT: None.
LEGAL CONSIDERATIONS: The Agreement has been approved for legal sufficiency. It is
ready for Board consideration and approval. CMG
.,........,
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 an
Owner Occupied Affordable Housing Dwelling Unit for Habitat for Humanity of Collier
County, Inc. located at Lot 82, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Page 1 of 1
Agenda Item No. 16013
October 28, 2008
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16013
Meeting Date:
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign a lien agreement with Habitat for Humanity of Collier County, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 82, Trail Ridge, East Naples.
10/28/2008 9:00:00 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1013120089:39:10 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
10/10/20084:52 AM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
10/10/2008 9:42 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
10/14/200810:29 AM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
10/16120087:55 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10116120089:59 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
10116120084:22 PM
file://C:\AgendaTest\Export\115-0ctober%2028,%202008\ 16. %20CONSENT%20AGEN...
10/22/2008
Agenda Item No. 16013
October 28,2008
Page 3 of 6
Return to
Frank Ramsey
HHS
3301 E Tamiami Trail
Naples, FL 34112
File# 09-015-IF
This space for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
U1l1
This Agreement is entered into this ~ day of October, 2008, 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 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 Two Thousand Three Hundred Twenty Five and
96/100 Dollars ($22.325.96),
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
Agenda Item No. 16013
October 28, 2008
Page 4 of 6
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
TOM HENNING, Chairman
Agenda Item No. 16013
October 28, 2008
Page 5 of 6
WITNESSES:
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Prtnt Name: /I.~ Iff;~ -- 'T 'f;
STATE OF FLORIDA
COUNTY OF COLLIER
The forgoing instrument was acknowledged before me this (,.5 day of September,
2008, 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.
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Signature of Notary Public
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Approved as to form
and legal sufficiency:
Recommended Approval:
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Colleen Greene
Assistant County Attorney
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Director - Housing and Human Services
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Agenda Item No. 16D13
October 28, 2008
Page 6 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 82, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13605 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $112.46
B. Correctional Facilities Impact Fee $66.97
C. Library Impact Fee $402.79
D. Community Parks Impact Fee $862.50
E. Regional Parks Impact Fee $1,907.85
F. Educational Facilities System Impact Fee $3,139.61
G. Road Impact Fee $7,858.52
H. Government Building Impact Fee $450.18
I. Law Enforcement Impact Fee $186.20
J. Water Impact Fee $3,616.49
K. Sewer Impact Fee $3,722.39
TOTAL IMP ACT FEES $22,325.96