Agenda 02/12/2008 Item #16D10
Agenda Item No. 16D10
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, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner.occupied
affordable housing unit located at Lot 63, 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, Inc.
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 defennent was submitted by Habitat for Humanity of Collier
County, Inc., which application, after staff review, was determined to qualify for the program.
Habitat for Humanity of Collier County, 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 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. 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 74.401(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 Chainnan's signature.
FISCAL IMPACT: This agreement defers $19,372.46 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 Deferral of 100% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Habitat of Humanity of Collier
County, Inc. located at Lot 63, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-.
Agenda Item No. 16D10
February 12, 2008
Page 2 of 5
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LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100-1. OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING D~LlNG UNITS
This Agreement is entered into this a'lay 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 sl8ted as the "Partics."
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, knoYm as "The Collier Cowny ConsoJid8lCd bnpGCt Fee Ordinance"
(Ordinance). In the event of any conflict with this Agretment, the terms oftbe Ordinance 9hal.1
"",Iy.
2. The legal dcsaiption of the dwelling unit is auacbed lIS Exhibit" A. "
3. The term of this Agreement is from issuance of this Agreement until six (6) months after
isswmce of the ccrtifu:a:ic of oa:upancy fur the dwelling Wtit(s).
4. The amount of the impact fees defened shall be: paid to the COt..lNn' in full upoo the sale of
the dwelling unit(s.). unless the dwelling units are sold to households meeting the criteria Jet
forth in the Ordinance. and the impact fees are duly deferred. As set forth in Exhibit "8," the
mount of the deferred impBCl fees is Nineteen Thousand Three Hundred Seventv Two and
-4fw1tOO DoIl8rs($19372.461.
5. The deferred impact fees shall be a lien 00 the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-oompliaoce with the Ordimmcc or with this
Agreement. This Agn::emem shall operate as B lien against the dwelling unit(s). The lien shall
terminate upon the recording of a release or satiafBction of lien in the public records of the
County. The deferTals of impact fees and Ibis Agn:emcnt shall run willt the land, and neither
the deft:mld impact fees nor this Aarecment sb8l1 be transferred, assigned. or Dthetwise
conveyed from. Except as provided by law, reprdlcss of any foreclosure on the fir1Il mortgage
or other security inteI'est, this lia!. shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, Ieuee, tenant, mortgagee, or other person, except that this lien
shall be on parity wittJany lien for County taxes.
6. Upon the satistaclory completion of this Agreement's n:quirements, COUNlY shall record
llIIy necessary documentation evidcocing same, including, but DOt limited 10, a full or pmtiaJ
relCl8geoflien.
7. In the event the DEVELOPER is in defiwlt under tile Ordinance or this Agreement, and the
default is not cured within 30 days after written DOtioe is provided to the DEVELOPER., a
delinquency fee equal to ten pcn:aU (10%) ofthc total impact fee imposed shall be 8lI5eS9Cli,
and the COUNfY may, 81 its sole option, collect the impact fee amount in default and
assessment as Sd forth in the 0rdinBrJce, or bring a civil action to enforce this Agreement, or
Page I of2
Agenda Item No. 16D10
February 12, 2008
declare that the deferred impact fees arc then in default and immediately due and payable, The Page 3 of 5
COUNTY shall be entitled to recover all fees and costs, including llttomey's fee and oosta.
incurred by the COllNJY in enforcing this Agreement, plus interest at the then maximum
stalutory rate for judgments ca&culatcd on a cak:ftdar day basis until paid. DEVELOPER will
sell the unit to persons whose legal status win be verified, documented and kept on file at the
office of Housing and Human Scrvi.ces. If the developer fajls to comply with the tenns of the
agreement, or the unit CCl83C8 to be utilized for afIordable housing, or is not llOld to I.
residents. the full amount of defcm:d impact fees sh.lI be immcdi~1y repaid tv the CoWlty,
including a1ll1pp1icable interest and penalties.
8. This Agrccmcnt is &he sole agrccmco1 bCltweal the pm1ics with n::spect to the subject matter
herein. and shal:1 be binding upon the DEVELOPER'S SlICCC8SOr.i aDd assigns in interest.
9. This Agreement shall be rc:conicd in lhe official records of the County at no cost to the
COUNtY.
IN WITNESS WHEREOF. the Parties have executed this Agreement on the dale and year
first. above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNIY, FLORIDA
By'
, Deputy Clcd
By:
TOM HENNING, Cbainnan
Witnesses:
-~
B~ ~
Samuel 1. . M.D.
TItle: t
OF FLORIDA
COUNTY OF COLLIER
The foreeoin& instrumentA2fCClDCDt was acknowledged bcfiml me this .iL dlIy of January,
2008., by Samuel}. Durso, MD. uPresidel1lfor 'tat for Humanity of Collier County, mc. ~
persc:wvlIly known to me or bas produced as Iclcntificati.on.
[NOTARIAL SEAL]
S:,\~;~:.r4;;.';. Lisa B. Lefkow
~:('-6.'~?l~ Commission # OD293446
~";;'~Y Expires March 4,2008
''I,W,r,r,''BOf*dT",.,F.,.lrw.nnce1nc lD'___ :'"
.-JJ
Mlin:y K.rwnbinc:, i r of
Housing & Human Services
Page 2 of2
EXHIBrr"A ..
LEGAL DESCRlPTION
Lot 63, TnD Rldp.llCtCInIiac t8 tile plat thereot,
............. Plat Book", Paps 71 dlreqlt 77,
~ of'tIIe hblic Reco..... orColller Co...ty. FIortdL
STREET ADDRESS
13529 Kohaoaia Drive. N.pIea. F1oridll34U"
EXHlBrr "B"
IMPACf FEE BREAKDOWN
Type ofImpad: Fee
A. EMS Impact Fee
8. Correctional Facilities Impact Fee
C. Library impact Fee
D. CommWlity Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational Facilities Systc:n1lmpact Fee
O. Road Impact Fee
II. Government Buildings Impact Fee
I. Law Enforcement Impact: Fee
J. Wa1er Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JI&."""",",,-1-1_
AmollRt 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
519,3n..o;
Agenda Item No. 16D10
February 12, 2008
Page 4 of 5
Page 1 of 1
Agenda Item No. 16010
February 12, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16010
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, Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit iaeated at Lot 63, Trail Ridge, East Naples.
2/12/20089:0000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1/24/20089:03:11 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1125/20088:22 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1/2912008 11: 00 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1130120089:06 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/30/2008 9: 12 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/31/20082:17 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
2/412008 6:59 PM
file:/ /C :\Agenda T est\Export\ I OO-F ebruary%20 12, %202008\ 16. %20CON SENT%20A GEND... 2/6/2008