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Agenda 02/12/2008 Item #16D10 Agenda Item No. 16D10 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, Inc. (Developer) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 63, 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, Inc. 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 defennent 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 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. 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 74.401(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, 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 Chainnan's signature. FISCAL IMPACT: This agreement defers $19,372.46 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 of Humanity of Collier County, Inc. located at Lot 63, Trail Ridge, East Naples. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services -. Agenda Item No. 16D10 February 12, 2008 Page 2 of 5 -...... ... >>II&T___TnolI .......n..U112 F'lWQ8..11'~1F TIIia........__ LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100-1. OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING D~LlNG UNITS This Agreement is entered into this a'lay 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 sl8ted as the "Partics." 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, knoYm as "The Collier Cowny ConsoJid8lCd bnpGCt Fee Ordinance" (Ordinance). In the event of any conflict with this Agretment, the terms oftbe Ordinance 9hal.1 "",Iy. 2. The legal dcsaiption of the dwelling unit is auacbed lIS Exhibit" A. " 3. The term of this Agreement is from issuance of this Agreement until six (6) months after isswmce of the ccrtifu:a:ic of oa:upancy fur the dwelling Wtit(s). 4. The amount of the impact fees defened shall be: paid to the COt..lNn' in full upoo the sale of the dwelling unit(s.). unless the dwelling units are sold to households meeting the criteria Jet forth in the Ordinance. and the impact fees are duly deferred. As set forth in Exhibit "8," the mount of the deferred impBCl fees is Nineteen Thousand Three Hundred Seventv Two and -4fw1tOO DoIl8rs($19372.461. 5. The deferred impact fees shall be a lien 00 the property described in Exhibit "A," which lien may be foreclosed upon in the event of non-oompliaoce with the Ordimmcc or with this Agreement. This Agn::emem shall operate as B lien against the dwelling unit(s). The lien shall terminate upon the recording of a release or satiafBction of lien in the public records of the County. The deferTals of impact fees and Ibis Agn:emcnt shall run willt the land, and neither the deft:mld impact fees nor this Aarecment sb8l1 be transferred, assigned. or Dthetwise conveyed from. Except as provided by law, reprdlcss of any foreclosure on the fir1Il mortgage or other security inteI'est, this lia!. shall otherwise be superior and paramount to the interest in the dwelling unit of any owner, Ieuee, tenant, mortgagee, or other person, except that this lien shall be on parity wittJany lien for County taxes. 6. Upon the satistaclory completion of this Agreement's n:quirements, COUNlY shall record llIIy necessary documentation evidcocing same, including, but DOt limited 10, a full or pmtiaJ relCl8geoflien. 7. In the event the DEVELOPER is in defiwlt under tile Ordinance or this Agreement, and the default is not cured within 30 days after written DOtioe is provided to the DEVELOPER., a delinquency fee equal to ten pcn:aU (10%) ofthc total impact fee imposed shall be 8lI5eS9Cli, and the COUNfY may, 81 its sole option, collect the impact fee amount in default and assessment as Sd forth in the 0rdinBrJce, or bring a civil action to enforce this Agreement, or Page I of2 Agenda Item No. 16D10 February 12, 2008 declare that the deferred impact fees arc then in default and immediately due and payable, The Page 3 of 5 COUNTY shall be entitled to recover all fees and costs, including llttomey's fee and oosta. incurred by the COllNJY in enforcing this Agreement, plus interest at the then maximum stalutory rate for judgments ca&culatcd on a cak:ftdar day basis until paid. DEVELOPER will sell the unit to persons whose legal status win be verified, documented and kept on file at the office of Housing and Human Scrvi.ces. If the developer fajls to comply with the tenns of the agreement, or the unit CCl83C8 to be utilized for afIordable housing, or is not llOld to I. residents. the full amount of defcm:d impact fees sh.lI be immcdi~1y repaid tv the CoWlty, including a1ll1pp1icable interest and penalties. 8. This Agrccmcnt is &he sole agrccmco1 bCltweal the pm1ics with n::spect to the subject matter herein. and shal:1 be binding upon the DEVELOPER'S SlICCC8SOr.i aDd assigns in interest. 9. This Agreement shall be rc:conicd in lhe official records of the County at no cost to the COUNtY. IN WITNESS WHEREOF. the Parties have executed this Agreement on the dale and year first. above written. Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNIY, FLORIDA By' , Deputy Clcd By: TOM HENNING, Cbainnan Witnesses: -~ B~ ~ Samuel 1. . M.D. TItle: t OF FLORIDA COUNTY OF COLLIER The foreeoin& instrumentA2fCClDCDt was acknowledged bcfiml me this .iL dlIy of January, 2008., by Samuel}. Durso, MD. uPresidel1lfor 'tat for Humanity of Collier County, mc. ~ persc:wvlIly known to me or bas produced as Iclcntificati.on. [NOTARIAL SEAL] S:,\~;~:.r4;;.';. Lisa B. Lefkow ~:('-6.'~?l~ Commission # OD293446 ~";;'~Y Expires March 4,2008 ''I,W,r,r,''BOf*dT",.,F.,.lrw.nnce1nc lD'___ :'" .-JJ Mlin:y K.rwnbinc:, i r of Housing & Human Services Page 2 of2 EXHIBrr"A .. LEGAL DESCRlPTION Lot 63, TnD Rldp.llCtCInIiac t8 tile plat thereot, ............. Plat Book", Paps 71 dlreqlt 77, ~ of'tIIe hblic Reco..... orColller Co...ty. FIortdL STREET ADDRESS 13529 Kohaoaia Drive. N.pIea. F1oridll34U" EXHlBrr "B" IMPACf FEE BREAKDOWN Type ofImpad: Fee A. EMS Impact Fee 8. Correctional Facilities Impact Fee C. Library impact Fee D. CommWlity Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities Systc:n1lmpact Fee O. Road Impact Fee II. Government Buildings Impact Fee I. Law Enforcement Impact: Fee J. Wa1er Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES JI&."""",",,-1-1_ AmollRt 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 $3.515.00 519,3n..o; Agenda Item No. 16D10 February 12, 2008 Page 4 of 5 Page 1 of 1 Agenda Item No. 16010 February 12, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16010 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 iaeated at Lot 63, Trail Ridge, East Naples. 2/12/20089:0000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 1/24/20089:03:11 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1125/20088:22 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/2912008 11: 00 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 1130120089:06 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/30/2008 9: 12 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/31/20082:17 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 2/412008 6:59 PM file:/ /C :\Agenda T est\Export\ I OO-F ebruary%20 12, %202008\ 16. %20CON SENT%20A GEND... 2/6/2008