Agenda 02/12/2008 Item #16D13
Agenda Item No. 16013
February 12, 2008
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of Connty 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 57, 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 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](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 ] 00% of Collier County Impact Fees for
Owner Occupied Affordable Housing Dwelling Units for Habitat for Humanity of Collier
County Inc. located at Lot 57, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Agenda Item No. 16iP13
February 12, 2008
Page 2 of 5
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LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this ~~y of January, 2008, between Collier County, a
political subdivision of the State or Florido (COUNTY) and "Habitat for Humanity or Collier
County, Inc." (DEVELOPER), collectively stated as the "Parties."
NOW, THEREFORE, ror good and valuable consideration, the receipt and sufficiency of
wbich is mutually acknowledged, the Parties agree as rollows:
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 County Consolidoted Impact Fee Ordinance"
(Ordinance). In the event of any conl1iet with this Agreement, the terms or the Ordinance shall
apply.
2. The legal description of the dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from issuance or 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 unit(s), unless the dwelling units are sold to households mecting the criteria set
rorth in the Ordinance, and the impact fees are duly defened. As set forth in Exhibit "B," the
amount or the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and
46/100 Dollar.; (SI9.372.461.
5. The deferred impact fees shall be a lien on the property described in Exhibit uA,'" 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 dererred impact rees nor this Agreement shall be transrerred, assigned, or otherwise
conveyed from. Except as provided by law, regardless of any foreclosure on the frrs! mortgage
or other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling Wlit of any owner, lessee, tenant, mortgagee. or other person, except that this lien
shall be on pority with any lien for County taxes.
6. Upon the satisfactory compietion or 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, ond the
default is not cured within 30 days after written notice is provided to the DEVELOPER, a
delinquency ree equal to ten pen:ent (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 clvil action to enforce this Agreement, or
Page I on
Agenda Item No. 16D13
February 12, 2008
Page 3 of 5
declare that the deferred impact fees are then in default ond immediately due ond payable. The
COUNTY shall be entitled to recover all fees ond costs, including attorney's fee ond 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
seU the unit to persons whose legal status will be verified, docmncnted and kept on file at the
office of Housing and Human Services. If the developer fails to comply with the terms or the
agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal
residents, the full amount of dererred 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
berein, ond sball be binding upon the DEVELOPER'S successors ond assigns in inwrest.
9. This Agreement ,hall be recorded in the official records or the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date ond year
fU'St above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
By:
By:
TOM HENNING, Chairmon
, Deputy Clerk
Witnesses:
DEVELOPER: Habitat ror Humanity of
Collier Coun ,Inc. /'7
/~~~ ~~
By~r . ~
Samuel J. urso, M.D.
Title: President
(
ATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrumentAgreement was acknowledged berore me this II day or Jonuary,
2008, by Samuel 1. Durso, M.D, as President ror itat for Humanity of Collier County, Inc. who is
personally known to me or has produced as identification. -
(NOTARlAL SEAL1
,;,\:,/11_" Lisa B.Le:i'g~93446
",f/-h.-'~ commISSIon 008
~:"'.&;': EXpires March 4, 2 ~KI\9
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(print Name ofNollUy Public)
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Page 2 of2
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 57, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, or the Public Reeords or CoUier County, Florida.
STREET ADDRESS
13505 KolDonia 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 Impoct Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAK~..J-'_
Agenda Item No. 16D13
February 12, 2008
Page 4 of 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 ]
Agenda Item No. 16012
February 12, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D13
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 located at Lot 57, Trail Ridge, East Naples.
2/12/200890000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1/24/20089:13:53 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1/2512008 8:30 PM
Approved By
Marta Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1/29/200811 :21 AM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1/30/2008 9:07 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/311200811:46AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/3112008 2:23 PM
Approved By
James V. Mudd
Board of County
Comm issioners
County Manager
Date
County Manager's Office
2/4120087:30 PM
file://C:\AgendaTest\Export\ 1 OO-F ebruary%20 12,%202008\ 16.%20CONSENT%20AGEND... 2/6/2008