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Agenda 07/22/2008 Item #16D 9Agenda Item No. 16D9 July 22, 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 117, 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 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 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 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 IMPACT: None. LEGAL CONSIDERATIONS: The Agreement has been approved for legal sufficiency. It is ready for Board consideration and approval. CG 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 117, Liberty Landing, Immokalee. PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services Page 1 of 1 Agenda Item No, 161D9 July 22, 2008 Page 2 of 5 file: / /C:\AgendaTest \Export\ 111 -July %2022, %202008\ 16. %2000NSENT %20AG ENDA\ l ... 7/15/2008 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D9 Item 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 117, Liberty Landing, Immokalee. Meeting Date: 7/2212008 9:00:00 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 7/7/2008 8:37:01 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 71312008 4:46 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 7/812008 8:09 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/9/2008 12:55 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/10/2008 10:20 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 7/10/200810:40 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 7110/2008 3:36 PM file: / /C:\AgendaTest \Export\ 111 -July %2022, %202008\ 16. %2000NSENT %20AG ENDA\ l ... 7/15/2008 Return to Frank Ramsey HHS 3301 E Tamlami Tnil Naples, n 36113 File# 08- 198 -IF This ap¢e for reeardi, Agenda Item No. 161D9 July 22, 2008 Page 3 of 5 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 day of July, 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, 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 term 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 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 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 Hundred Forty Two and 46/100 Dollars ($12,442.46). 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 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 deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, 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 otherwise 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 full 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 %) 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 civil action to enforce this Agreement, or Page 1 of 2 Agenda Item No. 16D9 July 22, 2008 Page 4 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 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. 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. 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 date and year first above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMIS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk TOM HENNING, Chairman DEVELOPER: Habitat for Humanity of 4Title:Pr I Witnesses: v B P. Name i - , M.D. - z,. Pr tName Oi�ttu t� STAT E OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this _' L day of June, 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 identification. [NOTAIuAtFPk89Ad,J /C�71Y2c (ignaS of Notary Public) *CM.EtpNp �O• /1�(`� ✓�7vtCti (()�C. 71_iZJ N�,?,�!o ; 1 (Print Name of Notary Public) Approved as to form and legal sufficiency: C ,kF A h ✓to W t .Heidi F. Ashton -on Assistant County Attorney Recommend approval: L�J�� -,C) arcy Krumbine, Director of Housing & Human Services Page 2 of 2 Agenda Item No. 161D9 July 22, 2008 Page 5 of 5 EXHIBIT "A" LEGAL DESCRIPTION Lot 117, Liberty Landing, according to the plat thereof, as recorded in Plat Book 47, Pages 71 through 73, inclusive, of the Public Records of Collier County, Florida. STREET ADDRESS 3707 Justice Circle, Immokalee, FL 34142 EXHIBIT `B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.08 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact Fee $2,862.00 G. Road Impact Fee $6,059.00 H. Government Buildings Impact Fee $410.00 I. Law Enforcement Impact Fee $171.61 TOTAL IMPACT FEES $12,442.46