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Agenda 02/26/2008 Item #16D22 /\genda item No. 16022 i=ebruary 26.2008 F'age 1 of 5 ....-, EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners 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 18, Pine Grove, Immokalee. OBJECTIVE: That the Board of County Commissioners (Board) approves, and authorizes the Chairman to sign, the attached lien agreement with Freeman and Freeman Inc. for deferral of ] 00% 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 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 located in the Pine Grove 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 74-40](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 dcternlined that until directed otherwise by the Board, thesc agreements be placed on the Consent Agenda for the Board's review, approval and Chainnan's signature. FISCAL IMPACT: This agreement defers $19,300.0] in impact fees. Although it is expected that the County will ultimately collect these defelTed fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The proposed Agreement is fully consistent with the intent and purpose of Section 74-401 of the Code of Laws and Ordinances of Collier County. STAFF RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached Lien Agreement for Deferral of 100% of Collier County Impact Fees for - Owner Occupied Affordable Housing Dwelling Units for Freeman and Freeman Inc. located at Lot 18, Pine Grove, Immokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services ---- t\genda Item No. 16022 Feb.w3ry 26. 2DCJ8 PagE: 2 of 5 Retllrntlt FnllklbunH')' IIBS 3301 E T.miami Trail NaplI!!$,YLJ4112 File# 08-I3S-IF ThislJM~trorrecOJ'dml LIEN AGREEMENT WITH DEVEWPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this l1~y of January, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) 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 mutuall). 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 tcrm 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 and 011]00 Dollars ($19300.0n 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 he 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 I of2 --. - ,------ ~6, 2UU3 a;;!s :: of 5 declare that the deferred impact fees arc then in default and immediately due and payable, The COUNTY shall be entitled to recover all fees and costs, including anorney'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 compl)' with the terms of the agreement, or the unit cea....es 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 shaJl 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. 11'" WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above wrinen. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TOM HENNING, Chairman Witnesses: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrurnentAgreement "'as acknowledged before me this &.- day of January, 2008, by Ernest Freeman as President for Freeman and Freeman, Inc. who is personally known to me or has produced ~ ~ ~ identification. [NOTARIAL SEAL] , L (Signature fNot) Public) NOr~ARET M. Ui!1! ftfa.r5A.re.. /Y1, i e.. .e....... (Print Name of Notary Public) COMM C'STATEOFFL ISSION # DD305"ff2 EXPIRES 6I29l2OOa AOIII!)!r:n T"."". _.. '.-r-~f;>\': ~" .J Jeffre. --Mar Krumbine, Dire t of Chief A Housing & Human Services Page2of2 A,;]snda item r\Jo. 16D22 cebruary 26,2008 Page 4 of 5 EXHIBIT" A" - LEGAL DESCRIPTION Lot 18, Pine Grove Subdivision, according to the plat thereof, recorded in Plat Book 2, Page 103, Public Records for Collier County, Florida STREET ADDRESS 420 Carver Street, lmmokalee, Florida 34]42 EXHIBIT" B" IMPACT FEE BREAKDOWN Type oflmpact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $138.71 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 $19,300.01 JAKApproved_I--.!~ O~_,"',,_ ". ""-~--"'- -.....-- --..--.-- ---~._- Page 1 of I i:en-i Ho. 16J 2 i=ebnJc.YY 26, 2") 8 Pa;;s 5 0 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D22 Item Summary: Recommendation that the Board of County Commissioners approves and 3:Jthonzes the Chairman to Sign a Iler agreement with Freeman and Freeman. Inc (Developer) for deferral of 1 GO(j(, of Collier County Impact fees fo: an owner occLI;Jled affordable housing unit located 81 Lot 18. Pine G:-ove. immokalee Meeting Date: 2/26/2:102 SC!ODO AM Prepared Bl Frank Ramsey SHIP Program Coordmawr Date Public Services Housing and Human Services 2/6f2008 9:12:65 AM Approved By Marcy Krumbine Director Date Public Services Housing & HUfT.an Services 2/8/20089:17 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County A ttorney Office 2/11/20082:12 PM Approved By Marla Ramsey Publtc Services Administ~ator Date Public Serv:(",€s Pubiic Services Admin. ::J~2i2008 1C:57 AM Approved By OMS Coordinator A.ppiicztions 4nalyst Dale Administrative Services Information '"fechnoiogy 2/;3:20Q810:39 AM Approved By Sh,,"rry r:.~y:)r rV'ianagenwnt &. 8udge~ 4r~aiyst Dai€' Countv Mana~e'-s Office :)~fjce or I\!:anagerncnt (; 8udpet 2,'~3,'200B 5:01 PM Approved By Leo :::. Ochs_ Jr. Deputy County [\(;anager Date Board of COllnty Commissioners County Manager's Ofiice 2,"j 4,1:008 li :22 PM file://C:\Ai!endaTest\Export\ 10 I-F ebruarv%2026,%202008\ 16.%20CONSENT%20AGEND... 2/20/2008