Agenda 02/12/2008 Item #16D11
Agenda Item No. 16D11
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 64, 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 deferment 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 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 74-401(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 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 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 for Humanity of Collier
County Inc. located at Lot 64, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
-..
Aaenda Item No. 16D11
- February 12, 2008
Page 2 of 5
......-
...
33IIJ:T__ITnI
".....n."'1I2
FW08-11~1F
niI_"'~
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF'
COLLIER COUNT\' IMPACf FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING D~UNG UNITS
This Agreement is eutc:rcd into thisut day of JIIIlUBl}'. 2008, be:lween Collier County, a
political subdivision of the S1atc of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER), collectively stilted as the "Parties."
NOW. THEREFORE, for good lUld valuable consideration. the receipt and sufficieocy of
which is muW8l1y acknowledged, Ute Parties agree as follows:
1. This Lien Agreement is made punuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Imp8Cl Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreemerrt, the terms of the Ordinance IhalI
apply.
2. The legal description of the dwelling unit isatt8ched as Exhibit ~A.W
3. The term of this Agrmnent is fiorD issuance of this Agreana1t until six (6) months after
issuaru;e of the certificate ofoccupllllCJ for the dwelling UDi1{s)..
4. The amount of the impact fees deferm:l1haI1 be paid to the COUNn' 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 defamL As set forth in Exhibit "8." the
amount of the deferred impact fees is Nineteen l'lv-_nd Three Hundred Sevcntv Two and
461100 Dollms{$19.372 46),
S. The deferred impact fees shall be a lien 00 the pt'OpeIty described in Exhibit"A," wbich lien
may be foreclosed upon in the ~ of non-aHIlplu.nce with the Ordinanoc or with this
AareemenL This Agreement shall opcnnc as a lien againllt the dwel.ling unit(s). The lien shall
tmminate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals ofirnpact fees and this Agreement shall nm with the land, and neitha'
the deferred impect fees nor 1his AgnlemeIlt shall be 1J'8nSfem:d, assigned. or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure 00 the first mortgage
or other security interest, this lien &ball otherwise be superior and paramount 10 the itl1el'cSt in
the dwelling unit of lID)' owner,les!ec, tmant, mor1pgce, 01' other person, coo:cpt that this lien
sbaIl be on parity with any lien for County taxes..
6. Upon the satisfactory completion of Ibis ~t's requirements, COUNfY shall record
any nccc:ssary documentation evidencing same, inciudin&, but not limited to, a full or partial
release oflien.
7. In 1he cvCltll: 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 lo the DEVELOPER, a
delinquency fee cquallo ten pcrccn1 (10%) of the I:otBI impect fee imposed shall be essessed,
and the COUNTY may, at its sole option, collec& the impact fee amount in default and
8SlleSSIJlent as set forth in the Ordimau:c.. or bring a civil action to enforce this AJreement, or
Page 1 of2
declare that the defern:d impact fees arc lhen in dcfauh and immedi8tcly 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 lhen maximum
stBiUtory rate fOT judgments calculated 00 a calendar day basis until paid. DEVELOPER will
sell the unit to persons whose legal stalUs will be verified. documented and kept on file at the
office of Housing and Human Services. If the developer filils 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 betwec:a the parties with respect to the 5Ubject matter
herein, and sha1I be binding upon the DEVELOPER'S succeaors and assigns in interest.
9. This Agreement shaJl be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above wriu.en.
An=
DWIGHT E. BROCK., CIeri:::
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
TOM HENNING, CtuUnnan
, Dq:nrty Clerl:
DEVELOPER: Habitat for Humanity of
Collier Coon ;"tne.
:*~F~
OF FLORIDA
COUNTY OF COLLIER
The foregoing imtrumentA&J1lClDcnl was
2008., by Samuel J. Durso, M.D. as President for
penonally known to me or ~ produced \
[NOTARIAL SEAL]
wlcdgcd bcfon: me this iL day of January,
for Humanity ofCoIlierCounty.Inc. 'Po is
'dentification.
~~;Y..'fp.;'" Lisa B. ,Lefkow
if....l.w: CommissIon # D. 0293446
;;':'. ~!": Expires March 4, 2008
::;~. .,' ,"..-TItl'tlll'l'_!lIC. ~!I-,nw
, "
'" , ond
-I
Page 2 of2
Aaenda Item No. 16D11
- February 12, 2008
Page 3 of 5
,..
EXHmrr "A9'!
LEGAL DESCRIPTION
Lot 64, TraU Rid.. aceonliq: to the plld thereof.
as neonIed ... Plat Book 44. pqa 71 thrwp 77.
iRelusln, of the Public Real.. ofCoIUer CDBnty, Florida.
STREET ADDRESS
13m KoiBO.ia Drive, Na,., F'ktricb 34114
EXHIBIT iOB"
IMPACf FEE BREAKDOWN
Type of Impact 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. WaterlmpactFee
K. Sewer Impact Fee
TOTAL IMPACf FEES
w::.............._u_
Amount Owed
$100.59
$62.08
S368.18
$750.00
$1.659.00
$2,862.00
$6,059.00
$410.00
$171.61
$3,415.00
$3,515.00
St9J72.46
Agenda Item No. 16D11
February 12, 2008
Page 4 of5
Page 1 of I
Agenda Item No. 16Dl1
February 12, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D11
Meeting Date:
Recommendation that the Board af 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 64, Trail Ridge, East Naples.
2/12/20089.0000 AM
Prepared B)'
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1/24120089:08:42 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1/2512008 8:26 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
11291200811 :04 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1130/2008 9:08 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1130120089:12 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/31120082:19 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
2/4120087:00 PM
file://C:\AgendaT est\Export\ I OO-F ebruary%20 12, %202008\ 16.%20CONSENT%20AGEND... 2/6/2008