Agenda 02/12/2008 Item #16D16
Agenda Item No. 16D16
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 180, Trail Ridgc, 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 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 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 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 Chairman's signature.
FISCAL IMP ACT: 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 for Humanity of Collier
County Inc. located at Lot 180, Trail Ridge, East Naples.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Agenda Item No. 16D16
February 12, 2008
Page 2 of 5
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LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 1000" OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
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This Agreement is entered into this ZO day nf January, 2008, between Collier County, a
political subdivision nf the State of Florida (COUNTY) and "Habitat for Humanity or Collier
County, Inc." (DEVELOPER), collectively stated as the "Parties."
NOW, TI1EREFORE, ror good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agn:e as rollows:
L This Lien Agreement is made pursuant to Chapter 74 of the Code or Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event or any contlict with this Agreement, the terms of the Ordinance shall
opply.
2. The legal description orthe dwelling unit is attached as Exhibit "A."
3. The term of this Agreement is from issuance or 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 deferred shall be paid to the COUNTY in full upon the sale of
the dwelling unit(s), 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 rorth in Exhibit "B," the
amount of the deferred impact rees is Nineteen Thousand Three Hundred So_tv Two and
46/100 Dollars ($19.372.461.
5. The deferred impact fees shall be alien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compJiance with the Ordinance or with this
Agreement. This Agreement shall operate as alien 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 or impact fees and this Agreement shall run with the land, and neither
the deferred impact fees nor this Agreement shall be t::nmSferred, 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 be on parity with any lien ror County taxes.
6. Upon the satisfactory completion or 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
defauh is not cured within 30 days after written notice is provided to the DEVELOPER, a
delinquency fee equal to ten pen;ent (10"10) of the total impact ree imposed shall be assessed,
and the COUNTY may, at its sole option, collect the impact fee amount in defauh and
assessment as set forth in the Ordinance. or bring a civil action to enforce this Agreement, or
Page I on
Aoenda Item No. 16016
- February 12, 2008
Page 3 of 5
declare that the deferred impact fees are then in derault and immediately due and poyable. The
COUNTY shall be entitled to recover all fees and costs, including attorney's ree 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 S1atus 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 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, 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:
, Deputy Clerk
By:
TOM HENNING, Chairman
DEVELOPER: Hobitat for Humanity or
Collier County,lnc
~~
OF FLORIDA
COUNTY OF COLLIER
The foregoing instrumentAgreement was acknowledged before me this ~ day of January,
2008, by Samuel J. Durso, M.D. as President ror bitat ror Humanity of Collier County,lnc. who is
pe;'Sonally known to l!!X or has produced as identification.
~:!:l.'It". Lisa B. Lefkow ~
[~"'-ib.'~~~ Commission # OD293446 (Print Name of Notary Public)
~..;&~$ Expires March 4. 2008
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[NOT ARIAI. SEAL]
form and
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Chie
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t County Attomey
BtC Krumbine, irector of
Housing & Human Services
Page 2 of2
EXHIBIT uA"
LEGAL DESCRIPTION
Lot 180, Trail Ridge, according to the plat tbereor,
as rccorded in Plat Book 44, Pages 71 tbrougb 77,
inclusive, of the Public Records of Collier County, Florida.
STREET ADDRESS
13508 Koiaonia 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 Impoct Fee
F. Educational Facilities System Impact Fee
G. Road Impact Fee
H. Government Buildings Impact Fee
I. Law Enforcement Impact Fee
1. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
JAX. Approved -1-1_
AQenda Item No. 16D16
- February 12, 2008
Page 4 of 5
AmouDt OWed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
5410.00
$171.61
$3,415.00
$3,515.00
519,372.46
Page] of 1
Agenda Item No. 16D16
February 12,2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D16
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 ownerwoccupied
affordable housing unit located at Lot 180, Trail Ridge, East Naples.
2/12/20089:00:00 AM
Prepared By
Frank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1/24120089:21 :35 AM
A pproved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1125120088:38 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
1/2912008 11 :30 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1130/20089:14 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11311200811:48 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1131120082:31 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
2/412008 7:41 PM
file://C:\AgendaTest\Export\ 1 OO-F ebruary%20 12,%202008\ 16.%20CONSENT%20AGEND... 2/6/2008