Agenda 02/12/2008 Item #16D 8
Agenda Item No. 1608
February 12, 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 Habitat for Humanity of Collier County
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 61, 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, 1nc
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 revicw, was determined to qualify for the program.
Habitat for Humanity of Collier County, lnc will sell the unit to persons whose legal status will
be verified, documented and kept on file at the oftice 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 74-40 I (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 thc Board, these agreements be placed on the Consent Agenda for the
Board's review, approval and Chairman's signature.
FISCAL IMPACT: This agreement defers $19,372.46 in impact fees. Although it is expected
that the County will ultimately collect these dcferred fees (generally upon the sale of the
residence), there is no guarantee as to if, or when, this would occur.
GROWTH MANAGEMENT IMPACT: Nonc.
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 thc 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 Habitat for Humanity of Collier
County, Inc. located at Lot 61, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Agenda Item No.1 D8
February 12, 2 08
Page 2 f 5
........
PiukRa.-y
UHS
3301 I!: T....-.I TNlU
N......FL:J4IU
FilcH 08-I15-IF
TIds IpAU ler reeordmc
LIEN AGREEMENT WIm DEVEWPER FOR DEFERRAL OF 1000;' OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
~
This Agreement is entered into this V\ day of January, 2008, between Collier CoWlty, 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, ror 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 or the Code of Laws and Ordinances of
Collier County, Florida. known as "The Collier Couoty 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 or the dwelling unit is attached as Exhihit . 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 or the impact fees defened shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling Wlits are sold to househoJds meeting the criteria set
rorth in the Ordinance, and the impact rees are duly deferred. As set rorth in Exhihit "B," the
amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and
46/100 Dollars 1$19.372.46).
5. The deferred impact fees shall be alien on the property described in Exhihit "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 uoit(s). The lien shall
terminate upon the recording of a release or satisfaction of lien in the public records of the
couoty. The deferrals of impact rees and this Agreement shall run with the land, and neither
the derened impact rees nor this Agreement shall be transrerred, 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 parammmt 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 ror 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 DEVEWPER is in default under the Ordinance or this Agreement, and the
del8ult is not ewed within 30 days after written notice is provided to the DEVELOPER. a
delinquency ree equal to ten percent (10%) of the total impact ree 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 or2
Agenda Item No. 1 D8
February 12, 2 08
Page 3 f 5
declare that the deferred impact rees 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 ror judgments calculated 00 a calendar day basis uotil poid. DEVELOPER will
sell the unit to persons whose legal status will be verified, docwnented and kept on file at the
office of Housing and Hwnan Services. If the developer fails to comply with the terms of the
agreement, or the unit ceases to be utilizA:d ror affordable bousing, or is not sold to legal
residents, the full amouot or deferred impact rees 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 t the Parties have executed this Agreement on the date and year
first above written.
Attest:
DWIGHT E. BROCK, Cieri<
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
TOM HENNING, Cbainnan
Witnesses:
DEVELOPER: Habitat for Humanity of
~1l:;?;2 _
B~~~;---
.." Samuel Y.'1:Jurso, M.D.
Title: President
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrumentAgreement was acknowledged before me this n day of January,
2008, by Samuel J. Durso, M.D. as President ror Habitat ror Humanity of~l1ier Couoty, Inc.~
personally Irnown to ~ or has produced as identification.
[NOTARIAl. SEAL]
*~'i.~r;.'" Lisa B. _ Lefko\/'I -- -~
t:(~~ CommiSSion # DD29.~,.1.,(
~.,.. . f Expires March 4, 20f)8
-'''1.,,, _T"'I'F"",.I_.",,,8Cll.~::;.,~\g
Ap
legal
ic)
I ; ((A /3. I~ Pk...Mv'
(Print Name of Notary Public)
val:
J-,~
arcy Krumbine Director of
Housing & Human Services
Page 2 on
EXHIBIT " A"
LEGAl. DESCRIPTION
Lot 61, Tra~ Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 throngb 77,
inclusiv~ of tile Public Rec:ords of Collier County, Florida.
STREET ADDRESS
13521 Koinonia Drive, Naples, Florida 34114
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
IAK Approved _LJ~
Agenda Item NO.1 D8
February 12, 2 08
Page 4 f 5
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
$19,372.46
Page 1 of I
Agenda Item No. 16D8
February 12. 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D8
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 (Developer)
for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 61, Trail Ridge, East Naples
2/12/200890000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1124120088:52:38 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1125120088:17 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1/29/2008 9:44 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
113012008 9:05 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1130120089:10 AM
A pproved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1r31/2008 2:09 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
214120086:56 PM
file://C:\AgendaTest\Export\ 1 00-February%20 12,%202008\ 16.%20CONSENT%20AGEND... 2/6/2008