Agenda 05/13/2008 Item #16D 8
Agenda Item No. 1608
May 13, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a lien agreement with Lennar Homes LLC (Developer) for deferral of
100% of Collier County impact fees for a 10 unit owner-occupied affordable multi-family
housing units located in a parcel of land in Section 23, Township 48 South, Range 26 East
Collier County, Tract E, Heritage Bay Commons (9063 Gervais Circle), North Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Lennar Homes LLC for deferral of 100% of
Collier County impact fees for owner-occupied affordable multi-family housing units.
CONSIDERA TIONS: 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 defennent was submitted by Lennar Homes LLC, which
application, after staff review, was determined to qnalify for the program. Lennar Homes LLC
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 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 the Heritage Bay
Commons subdivision in North Naples.
The ordinance requires that a lien agreement be entered into with the Developer as a condition
of deferral of the impact fees. Section 74-40 I (3) of the Code authorizes the County Manager to
sign deferral agreements with Developers qualifying for impact fee deferrals for atTordable
housing, which has long been the practice. The ordinance, however, gives the County Manager
discretion in whelher 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 $213,910.48 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 proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Defen'al of 100% of Collier County Impact Fees for
Owner Occupied Affordable Multifamily Housing Units for Lennar Homes LLC located in
Section 23, Township 48 South, Range 26 East Collier County, Tract E, Heritage Bay
Commons (9063 Gervais Circle). North Naples.
PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
Agenda Item No. 1608
May 13. 2008
Page 2 of 5
Rd.,.. 10
FruIr.R.I.ft')'
H...iq..d Ham.1 Servkel
3.301 1:. Tam..1 Trail
Napln,F1orida:wtl1
File" 08-151-IF
Th~I"'UrorrKflnliDI
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 -LL day of ~. 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Lennar Homes LLC" (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 fonows:
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 or any conflict with this Agreement, the tenns of the Ordinance shan
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 Two Hundred Thirteen Thousand Nine Hundred Ten and
481100 Dollars 1$213910.481.
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
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
Page 1 of2
,~.Genja Item No. 16D8
-' r\~2Y 13, 2008
Page 3 Df 5
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 es with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'S ccessors and assigns in interest.
9. This Agreement shall be recorded in the ofticial r cords of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have exe ted this Agreement on the date and-year
first above wrinen.
Attest:
DWIGHT E_ BROCK, Clerk
, Deputy Cleric
OF COUNTY COMMISSIONERS
COUNTY, FLORIDA
By:
By:
Wi~
/' "
/ntNwne:-r Crw
Print~!bc:(~JI
By:
Print Nwne: (\\eM1Ufd.'1
Title: b1~l~icn Pfes.'low-l
STATE OF FLORJDA
COUNTY OF COLLIER
~ foregoing instrumentAgreement was acknowledged before
n MMell, 2008, by eAflY' ~~U.(1'G1 as . tJ
HOM S. LLC, who is n~r<:nn~l1y known to me or has produced
identification.
[NOT ARJAL SEAL]
N~,:~Y PUBLlC:STATE OF FLORIDA
/w\ Jenrufer Lelgh Ford
~,~ jCOmmlSSlon #DD680507
-..""".,.' ExpIres: MAY 31 2011
BONDED TIIRO ATLANTic BONDING co.,me.
2r~~
( ature ot c)
:Yfln!i-f ~-:Jh /Vid
(Print Name of Notary Po c)
Approved as to form and
leg S lciency:
(
L6I Je!(A Klatzkow
0- Chits istant County Attorney
~.
~
/~ cy Krumbine, Di r of
Housing & Human Service
Page 2 of2
,~genda Item No. 1608
May 13, 2008
Page 4 of 5
EXHIBIT "A"
LEGAL DESCRIPTION
Building 1200; A Parcel of Land in Section 23, Township 48 South, Range 26 East Collier
County, Florida: A Portion of Tract "E", Heritage Bay Commons, a Subdivision as Recorded
in Plat Book 43, Pages 46 through 54, of the Public Records of Collier County, Florida (A 10
Unit Condominium Building)
EXHIBIT "B"
IMPACT FEE BREAKDOWN
9063 Gerva~Clrcle
10-Unit Building
UNIT A
1,350 sf Living,
UNIT B
1,543 sf Living
A. ROADS $ 7,858.52 $ 7,858.52
B. EMS $ 112.46 $ 125.26
C. CORRECTIONAL $ 85.43 $ 96.89
D. LIBRARIES $ 402.79 $ 402.79
E. COMMUNITY PARKS $ 862.50 $ 862.50
F. REGIONAL PARKS $ 1,907.85 $ 1,907.85
G. SCHOOL $ 3,139.61 $ 3,139.61
H. GOVERNMENT BUILDINGS $ 450.]8 $ 450.]8
I. LAW ENFORCEMENT $ 186.20 $ 186.20
J. WATER $ 2,425.11 $ 3,616.49
K. SEWER $ 2,493.95 $ 3,722.39
TOTAL FEES PER UNIT $ 19,924.60 $ 22,368.68
NUMBER OF UNITS 4 6
TOTALS BY UNIT TYPE $79,698.40 $134,212.08
TOTAL IMPACT FEES $213,910.48
Page 1 of 1
Agenda Item No. 1608
May 13, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1608
Meeting Date:
Recommendation that the Board of County Commissioners approves. and authorizes the
Chairman to sign. a lien agreement with Lennar Homes LLC (Developer) for deferral of 100%
of Collier County impact fees for a 10 unit owner-occupied affordable multi-family housing
units located in a parcel of land In Section 23, Township 48 South, Range 26 East Collier
County. Tract E, Heritage Bay Commons (9063 Gervais Circle) North Naples.
5/13/200890000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
PubliC Services
Housing and Human Services
4/23/20084:11 :35 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
4/24/2008 5:17 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/28/20085:02 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/29/200811:48 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
5/1/20081 :18 PM
Approved B,)'
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Sudget
5/1/2008 6:03 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Offfce
511/20085:17 PM
file://C:\Agenda T est\Export\ I 07 -Mav%20 13, %202008\ 16.%20CONSENT%20AGENDA \ 16... 517/2008