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Agenda 02/12/2008 Item #16D 8 Agenda Item No. 1608 February 12, 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 (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 61, Trail Ridge, 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, 1nc 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 revicw, was determined to qualify for the program. Habitat for Humanity of Collier County, lnc will sell the unit to persons whose legal status will be verified, documented and kept on file at the oftice 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 Trail Ridge subdivision in East Naples. 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 I (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 thc Board, these agreements be placed on the Consent Agenda for the Board's review, approval and Chairman's signature. FISCAL IMPACT: This agreement defers $19,372.46 in impact fees. Although it is expected that the County will ultimately collect these dcferred fees (generally upon the sale of the residence), there is no guarantee as to if, or when, this would occur. GROWTH MANAGEMENT IMPACT: Nonc. 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 thc 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 61, Trail Ridge, East Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Agenda Item No.1 D8 February 12, 2 08 Page 2 f 5 ........ PiukRa.-y UHS 3301 I!: T....-.I TNlU N......FL:J4IU FilcH 08-I15-IF TIds IpAU ler reeordmc LIEN AGREEMENT WIm DEVEWPER FOR DEFERRAL OF 1000;' OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ~ This Agreement is entered into this V\ day of January, 2008, between Collier CoWlty, 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, ror 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 or the Code of Laws and Ordinances of Collier County, Florida. known as "The Collier Couoty 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 or the dwelling unit is attached as Exhihit . 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 or the impact fees defened shall be paid to the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling Wlits are sold to househoJds meeting the criteria set rorth in the Ordinance, and the impact rees are duly deferred. As set rorth in Exhihit "B," the amount of the deferred impact fees is Nineteen Thousand Three Hundred Seventy Two and 46/100 Dollars 1$19.372.46). 5. The deferred impact fees shall be alien on the property described in Exhihit "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 uoit(s). The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the couoty. The deferrals of impact rees and this Agreement shall run with the land, and neither the derened impact rees nor this Agreement shall be transrerred, 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 ror 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 DEVEWPER is in default under the Ordinance or this Agreement, and the del8ult is not ewed within 30 days after written notice is provided to the DEVELOPER. a delinquency ree equal to ten percent (10%) of the total impact ree 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 or2 Agenda Item No. 1 D8 February 12, 2 08 Page 3 f 5 declare that the deferred impact rees 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 ror judgments calculated 00 a calendar day basis uotil poid. DEVELOPER will sell the unit to persons whose legal status will be verified, docwnented and kept on file at the office of Housing and Hwnan Services. If the developer fails to comply with the terms of the agreement, or the unit ceases to be utilizA:d ror affordable bousing, or is not sold to legal residents, the full amouot or deferred impact rees 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 t the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E. BROCK, Cieri< By: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: TOM HENNING, Cbainnan Witnesses: DEVELOPER: Habitat for Humanity of ~1l:;?;2 _ B~~~;--- .." Samuel Y.'1:Jurso, M.D. Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrumentAgreement was acknowledged before me this n day of January, 2008, by Samuel J. Durso, M.D. as President ror Habitat ror Humanity of~l1ier Couoty, Inc.~ personally Irnown to ~ or has produced as identification. [NOTARIAl. SEAL] *~'i.~r;.'" Lisa B. _ Lefko\/'I -- -~ t:(~~ CommiSSion # DD29.~,.1.,( ~.,.. . f Expires March 4, 20f)8 -'''1.,,, _T"'I'F"",.I_.",,,8Cll.~::;.,~\g Ap legal ic) I ; ((A /3. I~ Pk...Mv' (Print Name of Notary Public) val: J-,~ arcy Krumbine Director of Housing & Human Services Page 2 on EXHIBIT " A" LEGAl. DESCRIPTION Lot 61, Tra~ Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 throngb 77, inclusiv~ of tile Public Rec:ords of Collier County, Florida. STREET ADDRESS 13521 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" IMPACT FEE BREAKDOWN Type ofImpact 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 I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES IAK Approved _LJ~ Agenda Item NO.1 D8 February 12, 2 08 Page 4 f 5 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 Page 1 of I Agenda Item No. 16D8 February 12. 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D8 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 (Developer) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 61, Trail Ridge, East Naples 2/12/200890000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 1124120088:52:38 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1125120088:17 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/29/2008 9:44 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 113012008 9:05 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1130120089:10 AM A pproved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1r31/2008 2:09 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 214120086:56 PM file://C:\AgendaTest\Export\ 1 00-February%20 12,%202008\ 16.%20CONSENT%20AGEND... 2/6/2008