Agenda 02/26/2008 Item #16D22
/\genda item No. 16022
i=ebruary 26.2008
F'age 1 of 5
....-,
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners 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 18, Pine Grove, Immokalee.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached lien agreement with Freeman and Freeman Inc. for deferral of
] 00% 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 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 located in the Pine
Grove subdivision in Immokalee.
~
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](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 dcternlined that until
directed otherwise by the Board, thesc agreements be placed on the Consent Agenda for the
Board's review, approval and Chainnan's signature.
FISCAL IMPACT: This agreement defers $19,300.0] in impact fees. Although it is expected
that the County will ultimately collect these defelTed fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent
and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County.
STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to
sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for
- Owner Occupied Affordable Housing Dwelling Units for Freeman and Freeman Inc. located at
Lot 18, Pine Grove, Immokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
----
t\genda Item No. 16022
Feb.w3ry 26. 2DCJ8
PagE: 2 of 5
Retllrntlt
FnllklbunH')'
IIBS
3301 E T.miami Trail
NaplI!!$,YLJ4112
File# 08-I3S-IF
ThislJM~trorrecOJ'dml
LIEN AGREEMENT WITH DEVEWPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this l1~y of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) 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 mutuall). 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 tcrm 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 and 011]00 Dollars
($19300.0n
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 he 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 I of2
--. - ,------
~6, 2UU3
a;;!s :: of 5
declare that the deferred impact fees arc then in default and immediately due and payable, The
COUNTY shall be entitled to recover all fees and costs, including anorney'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 compl)' with the terms of the
agreement, or the unit cea....es 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 shaJl 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.
11'" WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above wrinen.
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TOM HENNING, Chairman
Witnesses:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrurnentAgreement "'as acknowledged before me this &.- day of
January, 2008, by Ernest Freeman as President for Freeman and Freeman, Inc. who is
personally known to me or has produced ~ ~ ~ identification.
[NOTARIAL SEAL] , L
(Signature fNot) Public)
NOr~ARET M. Ui!1! ftfa.r5A.re.. /Y1, i e.. .e.......
(Print Name of Notary Public)
COMM C'STATEOFFL
ISSION # DD305"ff2
EXPIRES 6I29l2OOa
AOIII!)!r:n T"."". _.. '.-r-~f;>\':
~" .J
Jeffre. --Mar Krumbine, Dire t of
Chief A Housing & Human Services
Page2of2
A,;]snda item r\Jo. 16D22
cebruary 26,2008
Page 4 of 5
EXHIBIT" A"
-
LEGAL DESCRIPTION
Lot 18, Pine Grove Subdivision, according to the plat thereof, recorded in Plat Book 2, Page
103, Public Records for Collier County, Florida
STREET ADDRESS
420 Carver Street, lmmokalee, Florida 34]42
EXHIBIT" B"
IMPACT FEE BREAKDOWN
Type oflmpact Fee Amount Owed
A. EMS Impact Fee $100.59
B. Correctional Facilities Impact Fee $138.71
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 $19,300.01
JAKApproved_I--.!~
O~_,"',,_ ". ""-~--"'- -.....-- --..--.-- ---~._-
Page 1 of I
i:en-i Ho. 16J 2
i=ebnJc.YY 26, 2") 8
Pa;;s 5 0 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16D22
Item Summary: Recommendation that the Board of County Commissioners approves and 3:Jthonzes the
Chairman to Sign a Iler agreement with Freeman and Freeman. Inc (Developer) for deferral
of 1 GO(j(, of Collier County Impact fees fo: an owner occLI;Jled affordable housing unit located
81 Lot 18. Pine G:-ove. immokalee
Meeting Date: 2/26/2:102 SC!ODO AM
Prepared Bl
Frank Ramsey SHIP Program Coordmawr Date
Public Services Housing and Human Services 2/6f2008 9:12:65 AM
Approved By
Marcy Krumbine Director Date
Public Services Housing & HUfT.an Services 2/8/20089:17 AM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County A ttorney Office 2/11/20082:12 PM
Approved By
Marla Ramsey Publtc Services Administ~ator Date
Public Serv:(",€s Pubiic Services Admin. ::J~2i2008 1C:57 AM
Approved By
OMS Coordinator A.ppiicztions 4nalyst Dale
Administrative Services Information '"fechnoiogy 2/;3:20Q810:39 AM
Approved By
Sh,,"rry r:.~y:)r rV'ianagenwnt &. 8udge~ 4r~aiyst Dai€'
Countv Mana~e'-s Office :)~fjce or I\!:anagerncnt (; 8udpet 2,'~3,'200B 5:01 PM
Approved By
Leo :::. Ochs_ Jr. Deputy County [\(;anager Date
Board of COllnty
Commissioners County Manager's Ofiice 2,"j 4,1:008 li :22 PM
file://C:\Ai!endaTest\Export\ 10 I-F ebruarv%2026,%202008\ 16.%20CONSENT%20AGEND... 2/20/2008