Agenda 03/11/2008 Item #16D 3
Agenda Item No. ~i 6D3
March 11. 2008
Page 1016
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a corrective lien agreement and release of lien 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 130, Trail Ridge,
East Naples.
OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the
Chairman to sign, the attached corrective 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.
CONSIDERA TIONS: 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.
The property is located in the Trail Ridge subdivision in East Naples.
~.
On October 9. 2007 the Board of County Commissioners approved a deferral for this subject
property and the agreement has been recorded in OR Book 4291 Page 1470 of the Public
Records of Collier County. However, staffreview of the recorded agreement identified an en'or
in the legal description, particularly the lot number. Approval of this corrective lien agreement
will cure this eITor and release the recorded agreement that lists the inc(HTect lot number.
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 defeITal 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 cnter 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 placcd 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 defeITed 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 authOlizes the Chairman to
._. sign the attached Corrective Lien Agreement for Deferral of 100% of Collier County Impact
Fees for Owner Occupied Affordable Housing Dwelling Units and Release of Lien for Habitat
for Humanity of Collier County, Inc. located at Lot 130. Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey. SHIP Program Coordinator, Housing and Human Services
Agenda Item NO.1 ,03
March 11, 2 08
Page 2 f 6
Return 10
Frank Ramsey
IIHS
330] E Tamiami Trail
Naples, FL 34111
File# 08.014.IF
Thl~ space for feeording
CORRECTIVE
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED ~FfORDABLE
HOUSING DWELLING UNITSi2b~ 11-
This Agreement is entered into this ~ay of~i~,~etween 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 a<; 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 unites).
4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of
the dwel1ing unites), 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 Nineteen Thousand Three Hundred Seventy Two and
46/100 Dollars ($19J72.46).
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 unites). 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
Page 1 of 2
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Agenda i~em NO.1 iD3
March 11, 2 08
Page 3 f 6
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
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 ba'iis until paid.
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 \-VITNESS 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, Chairman
Witnesses:
DEVELOPER: Habitat for Humanity of
B"COlli:~~
~ursO'MD.
Title: President
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~;)'/~.?;u//_ I ~J~u A4:--
Print Name vUOf ~,,\"- (d ,,_/'j r.h
,"
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this ~ day oCr; h'i '(I ('-f
by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc.
personally known to me.
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, 200/,
who is
[NOTARIAL SEAL]
0l ).,u, 2{ :z;;.
(Signature of Notary Public)
^ It I ,11 "- Gi'U '1'1'
(Print Name of Notary Public)
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Recommend approval:
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,M cy Krumbme, DIrector of
Housing & Human Services
Page 2 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 130, Trail Ridge, according to the plat thereof,
as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida.
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
L Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
Agenda ltern NO.1 D3
March 11, 2 08
Page 4 f 6
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
Agenda Item No. 1603
March 11, 2008
Page50f6
Record and Return to:
Collier County Housing & Human Services Department
3050 N, Horseshoe Drive, Suite 110
Naples, Florida 34104
239-252-4663
RELEASE
THIS DOCUMENT is signed by Collier County, Florida ("Lienee"), who is the owner
and holder of, and has not transferred, assigned, pledged, or otherwise encumbered any interest
in, the following described Lien Agreement with Developer for Deferral of 100% of Collier
County Impact Feesfor Owner Occupied Affordable Housing Dwelling Units (Lien Agreement):
Lien Agreement with Developer for Deferral of 100% of Collier County Impact Fees for Owner
Occupied Affordable Housing Dwelling Units recorded on October I], 2007, from Habitat for
Humanity of Collier County, Inc.. ("Lienor") to Collier County, a political subdivision of the
State of Florida, securing the deferral of Collier County impact fees in the original amount of
Nineteen Thousand Three Hundred Seventy Two and 46/100 DOLLARS ($19.372.46), which
Lien Agreement is recorded in the following:
Official Records Book 4291, Pages 1470 through 1472, inclusive,
of the Public Records of Collier County. Florida, encumbering certain property located in Collier
County, Florida, as more particularly described in the Lien Agreement ("Property"); and
THAT Lienee hereby acknowledges that the Lien Agreement was recorded in error and
does hereby surrender the Lien Agreement as canceled. releases the Property from the Lien
Agreement, and directs the Clerk of the Circuit Court in and for Collier County to cancel the
same of record.
DATED this
day of
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
Appro
and Ie
nty Attorney
Page I of 1
Agenda Item No. 1603
March 11, 2008
Page 6 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D3
Meeting Date:
Recommendation that the Board of County Commissioners approves, and authorizes the
Chairman to sign, a corrective lien agreement and release of lien 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 130, Trail Ridge, East Naples.
3/11/2008900.00 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
2/21/200811:18:41 AM
Approved By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Housing & Human Services
2/21/2008 5:33 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
2/26/200811:14AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2127/20084:21 PM
Approved By
OMB Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
2/28/20088:01 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
3/3/2008 11 :35 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/3/200812:36 PM
file://C:\AgendaTest\ExDort\ 1 02-March%20 11.%202008\ 16.%20CONSENT%20AGENDA\ 1... 3/5/2008