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Agenda 02/26/2008 Item #16D21 A';!snda !tern ~~o. 16D21 February 26, 2008 Page 1 of 5 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioncrs approves, and authorizes the Chairman to sign, a lien agreement with Freeman and Freeman, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 20, Block 29, New Market, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached licn agreement with Freeman and Freeman 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 Freeman and Freeman, Inc., which application, after staff review, was determined to qualify for the program. Freeman and Freeman, 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 locatcd in the New Market subdivision in Immokalee. ,...- The ordinance requires that a lien agreemcnt 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, howcver, gives the County Managcr discretion in whcther to enter into the Agreement. Accordingly, in keeping with rccent 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 $19,305.88 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 Agrecment for Deferral of 100% of Collier Connty Impact Fees for ~- Owncr Occupied Affordable Housing Dwelling Units for Freeman and Freeman Inc. located at Lot 20, Block 29, New Market, Immokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Hwnan Services ..,--- ."..---_._.".._..~" ;':.,,;;;e,lda :iem ;'.]0.16021 February 26, 2008 PaQ8 2 of 5 Return to Frank Ram.ey HHS 3301 E TalDiami Trail l'illfllno,FL341U File# 08-119-IF This space for rec:ordinl LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF ]00% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUS]NG DWLING UNITS This Agreement is entered into this ~ day of January, 2008, between Collier County, a political subdivision of the State of Florida (COl.J'N'TY) and -Freeman and Freeman, 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: I. 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 tenns 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 amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling 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 Five and 88/100 Dollars ($19 305.881. 5. The deferred impact fees shall be a lien on the property descrihed 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 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 transferred, assigned, or otherwise conveyed fTom. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this lien shall othenvise be superior and paramount to the interest in the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, exccpt 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 wrinen notice is provided to the DEVELOPER, a ,~", delinquency fee equal to ten percent (10%) of the total impact fee imJXlsed 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 I of2 - -.. - -- -- -- 3 3:.J 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 <md 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 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 oflicial records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties haye executed this Agreement on the date and year first above written. Attest BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORJDA By: By: _~_ , Deputy Clerk TOM HENNING, Chairman DEVELOPER: Freeman and Freeman, In h Wi7J[i \ .~3-/ ~ printName,~..JI.J.t Jo,',(,J By: Ernest Freeman ~~~~~~~ Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing in::itrumentAgr.:cmcnt was acknowledged before me this ~ day of January, 2008. by Ernest Freeman ~sident for Freeman and Freeman, Inc. who is personally known to nte or hii,'; produced ~ ~ identification. L [NOTARIAL SEAL] ~_tU. "'!~ /'l{ , (Signature OfJlJotj Public) MARGARET M. LEE !l{f(,Y'jf<V'L /l'L I ~ -e.. CBMRYP\JllLIC.STATEOFFlORlOA (Print Name of Notary Public) MISSION # 00305112 EXPIRES 6/2912008 8ONOED THRu l-Aft8,.M)T"'RY1 APpro{~ form and legal SQ ~-.. "I - zkow Marcy Krumbine. irector of County Attorney Housing & Human Services Page20f2 -~--,----~ Ag'3nda Item No. ': 6021 :':ebruary 26. 2008 Page 4 of 5 EXHIBIT "A" ~.. LEGAL DESCRIPTION Section 33, Tnwnship 46S, Range 29E Comm NE Cr nf Lot 20 Blk 29 New Market Suhd, Thence NELY Big N Ii of Escambia St., Extended 80 ft to E Bdy Li of Madison Ave to POS, Thence alg N Bdy Li of Escamhia 300ft, NWLY & Parell with Madisnn Ave 500ft to S Li of Flager St. En, SWL Y alg E Bdy Li of Flager St. 300 ft to intersect of Flager St. & Madison Ave. SELY alg E Bdy Li of Madison Ave 500ft tn NLY Bdy Li of Escamhia tn POB, less OR 375 pg 141, OR 374 pg 292, OR 374 pg 310, OR 374 pg 298, OR 376 pg 674, OR 374 pg 141, OR 374 pg 304, OR 316 pg 161, OR 402 pg 510-511, OR 402 pg 505, OR 402 pg 493-494, OR 402 pg 487-488, OR 567 pg 799, Collier County, Florida. STREET ADDRESS 303 Calle Amistad Street, Immokalee, Florida 34]42 EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee I Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $144.58 C. Library Impact Fee $460.23 D. Community Parks Impact Fee $935.00 E. Regional Parks Impact Fee $2.068.00 F. Educational Facilities System Impact Fee $8.228.00 G. Road Impact Fee $6.359.00 H. Government Buildings Impact Fee $725.00 L Law Enforcement Impact Fee $285.48 TOTAL IMPACT FEES $19,305.88 JAK Approved _/_1_ .-. --........-..-- -~ Page 1 of 1 119m No.1 '2 =.121 F~:!J~uc;r\i 26. 2003 PEi]e5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMiSSIONERS Item Number: 16021 Item Summary: Recommenc3tlon tha~ the Board of County Commissioners approves and authorizes ,he Chairman to sign a lien agreement with Freeman and Freeman. Inc (Developer) for deferral of 100% of Collier County impact fees Tor an owner occupied affordable housing unit located at Lot 20 Blo:::k 29 New Market immokalee Meeting Date: 2,'26,/200890000 tdv1 Prepared By Frank Ramsey SHIP Prog~am Coordinator Date Public Services Housing and Humar. Servic:es 2/6f2008 8:1C:58 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 2/8/20089:17 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 2/11120082:12 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public SE:'r-...ices f...cimin. 2/~2/2008 10:55 AM Approved By ON:S Coordinator Applic3tior:s Anc~IF.t Date Administrative Services lnf<)rmation Technology 2/.3/2t08 1 D:J8 AM Approved B}' Sherry Pry =,r fJ;znagsrne'lt &. =:ujge~ A.I~a:rst Date Count)' Manager"s Office Offi,;(' of f.:;an8gernen~ t Budgst ::'15.'2008 8"43 ArJi Approved By Lee E. Ochs. Jr. D8pLlty ::';OU:1ty U~a~lager Date Soard 0: :o:..mty Commissione~s ::';ounty Man2per"s Offi:e 2.115,'200811 :24 AM file://C:\AgendaTest\Exoort\ 1 0 I-Februarv%2026. %202008\ 16.%20CONSENT%20AGEND... 2/20/2008