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Agenda 02/12/2008 Item #16D 5 Agenda Item No. 1605 February 12, 2008 Page 1 of 5 EXECUTIVESU~ARY 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 5, Block 9, Naples Manor Addition, East Naples. 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 lV 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 scll 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 Naples Manor Addition subdivision in East Naples. The ordinance requires that a lien agreement be entered into with the Developer as a condition of deferral ofthe 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 bcen 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 $26,204.83 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 5, Block 9, Naples Manor Addition, East Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Agenda Item No. 1 05 February 12, 2 08 Page 2 f 5 Return 10 Frank Ramsey HHS 3301 E TlmialRl Trail Naplcs,FL34111 File# 08-112-IF This space ror rccnrding LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this L3- day of January, 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 COWl!Y 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 unites). 4. The amount of the impact fees deferred shall be paid to the COUNTY in full upon the sale of the dwelling unites), Wlless 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 Twentv Six Thousand Two Hundred Four and 831100 Dollars ($26.204.83).. 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 parammmt 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 of2 Agenda Item NO.1 D5 February 12, 2 08 Page 3 f 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 \.\lith 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 COMMISSIONERS COLLIER COUNTY. FLORIDA By: By: TOM HENNING, Chairman , Deputy Clerk Vv'itnesses: DEVEI.OPER: Habitat for Humanity of Collier C9JJ'lty,. InC-. 7 /?~/;:;// /~~~~ ty..' f '. f/ -r"/~ Sam~1. Durso, M.D. Title: President (1, {~' /f u.lnLC~ Print N am . ell-v,_ nIl ,l/ If 1(' I ;(. 12,.,#, /2L 1:. PnntName ''^}"'d~'I...i,(/ ~,f<- IT 5T A TE OF FLORJDA COUNTY OF cOI.LIER The foregoing instrumentAgreement was acknowledged before me this ~ day of January. 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is person;'ll1)' known to me or has produced as identification. ~ ;} l/~d 2, /7: (Signature of Notary Public) ;- ~I 'I(M,. (0,,< 0~ (Print Name of Notary Public) . [NOTARIAl. SEAL] ,~ : J" . ~'> \!JRMr\ [f)R.A..TREJO '",~/. :~YC;'\l.\1I':;lfl',":);:,''JU.l_'; ;:....,.n... :.....'11:1:'; "";""';",:?11I1,' , ",,,,,,,",, "-"""';''''''''''''\'.'Cu' ,,,-~,-,,,^"VYv,^^,,,~: App~oved as leg;.] s . rm and 'i? I Jeffrey A. Kia Chief Assistan ow ounty Attorney Page 2 of2 Agenda Item No. 1 D5 February 12, 2 08 Page 4 f 5 EXHIBIT "A" LEGAL DESCRIPTION Lot 5, Block 9, Naples Manor Addition, according to the Plat thereof as recorded in Plat Book 3, pages 67 and 68, Public Records oreollier County, Florida. STREET ADDRESS 5318 Carlton Street, Naples, Florida 34113 EXHIBIT "8" IMPACT FEE BREAKDOWN Type ofImpact Fee Amount Owed A. EMS Impact Fee B. Correctional Facilities Impact fee C. Library Impact fee D. Conununity 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 J. Sewer System Fee K. Water System fee TOTAL IMPACT FEES $100.59 $113.53 $460.23 $935.00 $2,068.00 $8,228.00 $6,359.00 $725.00 $285.48 $3,515.00 $3,415.00 $26,204.83 JAKApproved~~_ Page 1 of 1 Agenda Item No. 16D5 February 12, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1605 Meeting 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-occupied affordable housing unit located at Lot 5, Block 9, Naples Manor Addition, East Naples. 2/12/200890000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 1124120088:44:09 AM Approved By Marcy Krumbine Director Date Publlc Services Housing & Human Services 1/25120088:09 PM Approved By Marla Ramsey Public Services Administrator Date Ptlblic Services Public Services Admin. 1129/2008 9:33 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 1/30/20089:01 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/30120089:09 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 11311200812:58 PM Approved By James V. Mudd County Manager Date Board of County Commissioners C'Dunty Manager's Office 21312D08 8:43 PM fi1e://C:\AgendaTest\Export\1 00-February%20 12, %202008\ 16.%20CONSENT%20AGEND... 2/6/2008