Agenda 02/26/2008 Item #16D21
A';!snda !tern ~~o. 16D21
February 26, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioncrs approves, and authorizes the
Chairman to sign, a lien agreement with Freeman and Freeman, Inc. (Developer) for
deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 20, Block 29, New Market, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached licn agreement with Freeman and Freeman Inc. for deferral of
100% of Collier County impact fees for an owner-occupied affordable housing unit.
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 deferment was submitted by Freeman and Freeman, Inc., which
application, after staff review, was determined to qualify for the program. Freeman and
Freeman, 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 locatcd in the New
Market subdivision in Immokalee.
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The ordinance requires that a lien agreemcnt 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, howcver, gives the County Managcr
discretion in whcther to enter into the Agreement. Accordingly, in keeping with rccent
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 $19,305.88 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 Agrecment for Deferral of 100% of Collier Connty Impact Fees for
~- Owncr Occupied Affordable Housing Dwelling Units for Freeman and Freeman Inc. located at
Lot 20, Block 29, New Market, Immokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Hwnan Services
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;':.,,;;;e,lda :iem ;'.]0.16021
February 26, 2008
PaQ8 2 of 5
Return to
Frank Ram.ey
HHS
3301 E TalDiami Trail
l'illfllno,FL341U
File# 08-119-IF
This space for rec:ordinl
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF ]00% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUS]NG DWLING UNITS
This Agreement is entered into this ~ day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COl.J'N'TY) and -Freeman and Freeman, 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 tenns 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 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 Nineteen Thousand Three Hundred Five and 88/100
Dollars ($19 305.881.
5. The deferred impact fees shall be a lien on the property descrihed 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 fTom. Except as provided by law, regardless of any foreclosure on the first mortgage
or other security interest, this lien shall othenvise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, exccpt 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 wrinen notice is provided to the DEVELOPER, a
,~", delinquency fee equal to ten percent (10%) of the total impact fee imJXlsed 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
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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 <md 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 oflicial records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties haye executed this Agreement on the date and year
first above written.
Attest BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORJDA
By: By: _~_
, Deputy Clerk TOM HENNING, Chairman
DEVELOPER: Freeman and Freeman, In
h
Wi7J[i \ .~3-/ ~
printName,~..JI.J.t Jo,',(,J By:
Ernest Freeman
~~~~~~~ Title: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing in::itrumentAgr.:cmcnt was acknowledged before me this ~ day of
January, 2008. by Ernest Freeman ~sident for Freeman and Freeman, Inc. who is
personally known to nte or hii,'; produced ~ ~ identification. L
[NOTARIAL SEAL] ~_tU. "'!~ /'l{ ,
(Signature OfJlJotj Public)
MARGARET M. LEE !l{f(,Y'jf<V'L /l'L I ~ -e..
CBMRYP\JllLIC.STATEOFFlORlOA (Print Name of Notary Public)
MISSION # 00305112
EXPIRES 6/2912008
8ONOED THRu l-Aft8,.M)T"'RY1
APpro{~ form and
legal SQ ~-..
"I -
zkow Marcy Krumbine. irector of
County Attorney Housing & Human Services
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Ag'3nda Item No. ': 6021
:':ebruary 26. 2008
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EXHIBIT "A"
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LEGAL DESCRIPTION
Section 33, Tnwnship 46S, Range 29E Comm NE Cr nf Lot 20 Blk 29 New Market Suhd,
Thence NELY Big N Ii of Escambia St., Extended 80 ft to E Bdy Li of Madison Ave to POS,
Thence alg N Bdy Li of Escamhia 300ft, NWLY & Parell with Madisnn Ave 500ft to S Li of
Flager St. En, SWL Y alg E Bdy Li of Flager St. 300 ft to intersect of Flager St. & Madison
Ave. SELY alg E Bdy Li of Madison Ave 500ft tn NLY Bdy Li of Escamhia tn POB, less OR
375 pg 141, OR 374 pg 292, OR 374 pg 310, OR 374 pg 298, OR 376 pg 674, OR 374 pg 141,
OR 374 pg 304, OR 316 pg 161, OR 402 pg 510-511, OR 402 pg 505, OR 402 pg 493-494, OR
402 pg 487-488, OR 567 pg 799, Collier County, Florida.
STREET ADDRESS
303 Calle Amistad Street, Immokalee, Florida 34]42
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee I Amount Owed
A. EMS Impact Fee $100.59
B. Correctional Facilities Impact Fee $144.58
C. Library Impact Fee $460.23
D. Community Parks Impact Fee $935.00
E. Regional Parks Impact Fee $2.068.00
F. Educational Facilities System Impact Fee $8.228.00
G. Road Impact Fee $6.359.00
H. Government Buildings Impact Fee $725.00
L Law Enforcement Impact Fee $285.48
TOTAL IMPACT FEES $19,305.88
JAK Approved _/_1_
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F~:!J~uc;r\i 26. 2003
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COLLIER COUNTY
BOARD OF COUNTY COMMiSSIONERS
Item Number: 16021
Item Summary: Recommenc3tlon tha~ the Board of County Commissioners approves and authorizes ,he
Chairman to sign a lien agreement with Freeman and Freeman. Inc (Developer) for deferral
of 100% of Collier County impact fees Tor an owner occupied affordable housing unit located
at Lot 20 Blo:::k 29 New Market immokalee
Meeting Date: 2,'26,/200890000 tdv1
Prepared By
Frank Ramsey SHIP Prog~am Coordinator Date
Public Services Housing and Humar. Servic:es 2/6f2008 8:1C:58 AM
Approved By
Marcy Krumbine Director Date
Public Services Housing & Human Services 2/8/20089:17 AM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 2/11120082:12 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public SE:'r-...ices f...cimin. 2/~2/2008 10:55 AM
Approved By
ON:S Coordinator Applic3tior:s Anc~IF.t Date
Administrative Services lnf<)rmation Technology 2/.3/2t08 1 D:J8 AM
Approved B}'
Sherry Pry =,r fJ;znagsrne'lt &. =:ujge~ A.I~a:rst Date
Count)' Manager"s Office Offi,;(' of f.:;an8gernen~ t Budgst ::'15.'2008 8"43 ArJi
Approved By
Lee E. Ochs. Jr. D8pLlty ::';OU:1ty U~a~lager Date
Soard 0: :o:..mty
Commissione~s ::';ounty Man2per"s Offi:e 2.115,'200811 :24 AM
file://C:\AgendaTest\Exoort\ 1 0 I-Februarv%2026. %202008\ 16.%20CONSENT%20AGEND... 2/20/2008