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Agenda 02/12/2008 Item #16D18 Agenda Item No. 16D18 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 39, Liberty Landing, Immoka1ee. 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 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. 1fthe 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 Liberty Landing subdivision in I mmokalee. 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 $12,442.46 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 IMP ACT: 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 39, Liberty Landing, lmmokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Agenda Item No. 16D18 February 12, 2008 Page 2 of 5 ....~ .. ]1l"1lka..., IUIS D01ET........TI"IIl N.....n.J4U1 File# 08-126-IF TIIb tpact: fer renrd.. LIEN AGREEMENT WITH DEVEWPER FOR DEFERRAL OF 100.;' OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS r~ This Agreement is entered into thisZG day of January, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc," (DEVELOPER), collectively stated as the "Parties." NOW, TIIEREFORE, for good and valuable consideration, the receipt and sufficiency or wbich is mu1ually acknowledged, the Parties agree as follows: I. 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 or any con!lict with this Agreemen4 the terms or the Ordinance shall apply. 2. The legal description of the dwelling unit is attached as Exhibit "A." 3. The tenn of this Agreement is from issuance of this Agreement uotil six (6) months after issuance of the certificate of occuponcy ror the dwelling unit(s). 4. The amount or the impact fees dererred shall be poid to the COUNTY in full upon the sale of the dwelling uoit(s), unless the dwelling uoits are sold to households meeting the criteria set forth in the Ordinance, and the impact rees are duly deferred. As set forth in Exhibit "B," the amount of the dererred impact fees is Twelve Thousand Four Huodred Fortv Two and 46/100 Dollars 1$12.442.46). 5. The deferred impact fees shall he alien on the property dcscn'bed 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 defcrraIs of impact rees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall he tIlIDSferred, assigned, or otherwise conveyed from. Except as provided by law, n:gardless 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 ~ except that this lien shall he on parity with any lien for County taxes. 6. Upon the satisfactory completion or this Agreement's requirements, COUNTY shall record any necessary docwnentation evidencing same, including, but not limited to, a fult or partial release of lien. 7. In the event the DEVELOPER is in defaolt uoder 1he Ordinance or this Agreemen4 and the defaolt is not cured within 30 days after written notice is provided to the DEVELOPER, a delinquency reo equal to ten percent (10"10) or the total impact feo imposed shall he assessed, and the COUNTY may, at its sole option, collect the impact fee amount in defaoh and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page I of2 Agenda Item No. 16018 February 12. 2008 Page 3 of 5 declare that the deferred impact fees 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 for judgments calculated on a calendar day basis until paid. DEVELOPER will sell the unit to petSOOS 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 agreemen~ 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 applicahle interest ODd 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 ODd 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, the Parties have executed this Agreement on the dare and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: , Deputy Clerk By: TOM HENNING, Chairman Witnesses: DEVELOPER: Habitat ror Humanity of ~~ .-:i Samue~Durso, M.D. Title: President '-.! ('Print STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this II day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of ~'::~~~t~:ty, Inc. who is personally kn~Own ~e or has prod~uced as [NOTARIAL SEAL] , -I ~ IX) 11. I ature o~ Pu Ie ""'"") I ) w f?:,. Le.J'k4vv' (Print Name of Notary Public) ~U~'" Lisa B. Lefkow #l/~'~: Commission # 00293446 ~" "j Explm March 4, 2008 li'1.ff,,;""_Tl'tY,..._.WIDJ-3O>IMi vL,---...f . M Y Krombine, Director or Housing & Human Services aI: Page 20f2 EXHIBIT MA" LEGAL DESCRIPTION Lot 39, Liberty Landing, accordillg to the plat thereof, as recorded ill Plat Book 47, Pages 71 throngh 73, inclnsive, or the Puhlic Records or CoUier County, Florida. STREET ADDRESS 3680 Justice Circle, Immokalee, FL 34142 EXHIBIT "B" IMPACT FEE BREAKDOWN Type or 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 TOTAL IMPACT FEES lAK Approved -1-1~ Agenda Item No. 16018 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 $12,442.46 Page] of ] Agenda Item No. 16018 February 12, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D18 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 39, liberty Landing, Immokalee 21121200890000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 1124120089:30:03 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 112512008 8:43 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 11291200811 :45 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 1130120089:16 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 11311200811:49 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1131120082:37 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/412008 7:43 PM file:/ /C:\Agenda Test\Export\ 1 OO-F ebruary%20 12,%202008\ 16.%20CONSENT%20A GEND... 2/6/2008