Agenda 02/12/2008 Item #16D20
Agenda Item No. 16D20
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 108, Liberty Landing, Immokalee.
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. 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 Liberty Landing subdivision in Immokalee.
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 IMP ACT: This agreement defers $ ] 2,442.46 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 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 108, Liberty Landing, 1mmokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Agenda Item No. 16D20
February 12, 2008
Page 2 of 5
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LIEN AGREEMENT WITII DEVEWPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
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This Agreement is entered into thisZ~ day of January, 2008, between Collier ColIDty, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
Coonty, Inc." (DEVELOPER), collectively stated as the "Parties."
NOW, THEREFORE, for 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 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County 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 of the dwelling unit is attached as Exhibit" A."
3. The tenn 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 amolIDt 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 meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twelve Thousand Four Hundted Fortv Two and 4611 00
Dollars (512.442.461.
5. The deferred impact fees shall be a lien on the property described 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 alien 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 deferred impact fees nor this Agreement shall be tnUlSferred, 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 othetWise be superior and paramount 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 for 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 fuU or partial
release of lien.
7. In the event 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 to the DEVELOPER, a
delinquency fee equal to ten percent (10"10) of the total impact fee imposed shall be assessed,
and the COUNTY may, at its sole option. collect the impact fee amount in delimit and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
Page I of2
Agenda Item No. 16D20
February 12, 2008
Page 3 of 5
declare that the deferred impact fees are then in default and immediately due and payable. The
COUNfY 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 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 immediateiy 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. TIlls 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 date and year
first above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
TOM HENNING, Chainnan
By'
OF FLORIDA
COUNTY OF COLLIER
The foregning instrumentAgreement was acknowledged before me this .GL3...- day of
January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of
Collier County, Inc. who is personally known to me or has produced as
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(print Name of Notary Public)
.\'i!!!..~>. Lisa B.LefkoW
f!(,~~ CommisSion # 00293446
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-M y Krumbine. ~ ~
Housing & Human Services
Page 20f2
EXHIBIT "A.
LEGAL DESCRIPTION
Lot 108, Liberty Landing, according to the plot thereof,
a. recorded in Plot Book 47, Pages 71 through 73,
inelusive, of the PubUe Reeorda of Collier County, Florida.
STREET ADDRESS
3655 Justice Circle, Immokolee, FL 34142
EXHIBIT "'B'"
IMPACT 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
TOTAL IMPACT FEES
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Agenda Item No. 16020
February 12, 2008
Page 4 of 5
Amount Owed
5100.59
562.08
$368.18
5750.00
51,659.00
52.862.00
56,059.00
$410.00
5171.61
512,442.46
Page 1 of I
Agenda Item No. 16020
February 12, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16020
Meeti n9 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~occupjed
affordable housing unit located at Lot 108, liberty Landing, Jmmokalee.
2/12/2008 90000 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1/24/20089:41:46 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1/25/20088:47 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1/29/200811:37 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Infonnation Technology
1/30/20089:17 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
1/31/200811:55 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/31/20082:39 PM
Approved By
James V" Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
2/4/2008 7:46 PM
file://C:\AgendaTest\Export\ 1 00-February%20 12, %202008\ 16.%20CONSENT%20AGEND... 2/6/2008