Agenda 09/23/2008 Item #16D12Item # 16D12
September 23, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign a lien agreement with Collier County Housing Development
Corporation (Developer) for deferral of 100% of Collier County impact fees for an
owner - occupied affordable housing unit located at Lot 36, Block 11, Naples Manor Lakes,
East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Collier County Housing Development
Corporation ( "CCHDC ") 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 CCHDC which application, after staff
review, was determined to qualify for the program. CCHDC 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 Naples Manor Lakes 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 $22,609.94 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
Owner Occupied Affordable Housing Dwelling Units for Collier County Housing Development
Corporation located at Lot 36, Block 11, Naples Manor Lakes, East Naples.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Item # 16D12
September 23, 2008
Page 2 of 7
Recommendation that the Board of County Commissioners approves and authorizes the Chairman
to sign a lien agreement with Collier County Housing Development Corporation (Developer) for
deferral of 100% of Collier County impact fees for an owner- occupied affordable housing unit
located at Lot 36, Block 11, Naples Manor Lakes, East Naples.
Prepared By:
Department Date
Housing and Human Services 9/10/2008 10:21:56 AM
Approved By:
Department Approval Date
Public Services Approved 9/11/2008 9:13 AM
Approved By:
Department Approval Date
Office of
Management Disapproved 9/11/2008 9:33 AM
and Budget
Approved By:
Department Approval Date
Housing and Pending
Human Services
Approved By:
Department Approval
County Attorney Approved
Approved By:
Department
Office of
Management
and Budget
Approval
Approved
9/11/2008 9:40 AM
Date
9/11/2008 3:34 PM
Date
9/12/2008 9:36 AM
Approved By:
Department Approval
County Approved
Manager's Office
ATTACHMENTS:
Name: Description,:
❑ Exec tig veSummaryDevelooer.deg CCHDC Executive Summary
Item # 16D12
September 23, 2008
Page 3 of 7
Date
9/13/2008 9:57 AM
Type:
ExeellflVe Summary
❑ CCHMMAgreementpdf CCHDC Agreement Agreement
Return to
Frank Ramsey
THIS
3301 E'Ismi mi Trail
Naples, FL 34112
File# 08 -210 -1--
This space for mording
Item # 16D12
September 23, 2008
Page 4 of 7
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— da of September, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Collier County Housing Development
Corporation' (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 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 Six Hundred Nine and 94/100
Dollars ($22.609.94).
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 mortgage
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Item # 16D12
September 23, 2008
Page 5 of 7
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.
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Attest:
DWIGHT E. BROCK, Clerk
0
Item # 16D12
September 23, 2008
Page 6 of 7
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
M
, Deputy Clerk TOM HENNING, Chairman
DEVELOPER: Collier County Housing
Development Corporation
Win sse
nt Name_
STATE OF FLORIDA
COUNTY OF COLLIER
By:
K th atter on
Title: Executive Director
The foregoing instrumentAgreement was acknowledged before me this ' ;_ day of
2008, by Kathy Patterson as Executiv Director for ollier County Housing
Devel ent Corporation who is personally known to�r has produced�l r,c to as
identification. ////////////
[NOTARIAL SEAL]
Approved as to form and
legal sufficiency:
Colleen Greene
Assistant County Attorney
(S
Name of Notary Public)
Recr mend appro al: Q
rey Krumbine, birector of
Housing & Human Services
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Item # 16D12
September 23, 2008
Page 7 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 36, Block 11, Naples Manor Lakes, according to the Plat thereof as recorded in Plat Book
3, page 86 and 87, Public Records of Collier County, Florida.
STREET ADDRESS
5368 Georgia Avenue, Naples, Florida 34104
EXHIBIT `B"
IMPACT FEE BREAKDOWN
Type of Impact Fee !
Amount Owed
A. EMS Impact Fee
$112.46
B. Correctional Facilities Impact Fee
$161.00
C. Library Impact Fee
$50149
D. Community Parks Impact Fee
$1,075.25
E. Regional Parks Impact Fee
$2,378.20
F. Educational Facilities System Impact Fee
$9,026.12
G. Road Impact Fee
$8,247.62
H. Government Buildings Impact Fee
$796.05
1. Law Enforcement Impact Fee
$309.75
TOTAL IMPACT FEES
S22,609.94