Agenda 02/12/2008 Item #16D19
Agenda Item No. 16D19
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 Couuty Inc.
(Developer) for deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 109, Liberty Landiug, Immokalee.
OBJECTIYE: 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 for
deferral of 100% of Co llier 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 Liberty Landing subdivision in I mmokalee.
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 fo.r 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 IMPACT: This agreement defers $12,442.46 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 IMP ACT: 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 109, Liberty Landing, 1mmokalee.
PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services
Agenda Item No. 16019
February 12. 2008
Page 2 of 5
.........
Fr....Ra..-y
HHS
3311 E T..._ TrUI
N.pIa,FL34112
File# 08-127-1F
TIIh.pM:erwneonliD&
LIEN AGREEMENT WITII DEVEWPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING D~LLING UNITS
This Agreement is entered into this ~ day or January, 2008, between Collier County, a
political subdivision or the State of Florida (COUNTY) and "Habitat for Humanity or Collier
County, Inc." (DEVELOPER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable considenttion, 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 Lows and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event or 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 term of this Agreement is from issuance or this Agreement until six (6) months after
issuance or the certificate or occupancy for the dwelling unit{s).
4. The amount of the impact rees deremd shall be paid to the COUNTY in full upon the sale or
the dwelling unit{s), unless the dwelling units an:: sold to bouseholds meeting the criteria set
forth in the Ordinance, and the impact fees are duly defemd. As set forth in Exhibit "B," the
amount orthe dererred impact fees is Twelve Thousand Four Hundred Fortv Two and 46/100
Dollars 1$12.442.46\.
5. The defurred 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 dererrals of impact rees and this Agreement shall ron with the land, and neither
the defemd impact rees nor this Agreement shall be transferred. assigned, or otherwise
conveyed from, Except as provided by law, regardless or any roreclosure on the fU'Sl 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 for 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. 8 full or partial
release of lien.
7. In the event the DEVELOPER is in demult 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"/0) or 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 8 civil action to enforce this Agreement, or
Page I on
Agenda Item No. 16D19
February 12, 2008
Page 3 01 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 rete ror 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 dererred 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 suhject 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
fltSt above written.
Attest:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, Chairman
Witnesses:
DEVELOPER: Habitat for Humanity or
B~#L-P
Samuel J. , M.D.
Title: P sident
OF FLORIDA
COUNTY OF COLLIER
The foregoing instrumentAgreement was acknowledged berore me this U day of
January, 2008, hy Samuel J. DllfllO, M.D. as President for Habitat for Humanity of
Collier County, Inc. who is nally known me or has produced as
identification.
[NOTARIAL SEAL]
I>l:'" L
.~.~.,~ is. B. Lelkow
~( 1.: C~isslon # D0293446
"t1.iio . ,.' exPires March 4. 2008
.... IlInlII:IT"'~"'~,Inc:.IJG..."t5-7D1~
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Page 20f2
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 109, Liberty Landing, according to the plat thereor,
as recorded in Plat Book 47, Pages 71 throngh 73,
iDClusiv~ ortbe Public Records orColtier County, Florida.
STREET ADDRESS
3659 Justice Circle, Immokalee, FL 34142
EXmBIT "B"
IMPACT FEE BREAKDOWN
Type ofImpact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Pnrks Impact Fee
E. Regional Parks Impact Fee
F. Educational FaciUties System Impact Fee
G. Rood Impact Fee
H. Government Buildings Impact Fee
L Law Enforcement Impact Fee
TOTAL IMPACT FEES
JAK Approved -1-1_
Agenda Item No. 16019
February 12, 2008
Page 4 of 5
Amount Owed
$100.59
$62.08
$368.18
$750.00
$1,659.00
$2,862.00
$6,059.00
$410.00
$171.61
$12,442.46
Page] of I
Agenda Item No. 16019
February 12, 2008
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D19
Item 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 109, Uberty Landing. Immokalee
2/12/200890000 AM
Moeting Date:
Prepared By
F rank Ramsey
SHIP Program Coordinator
Date
Public Services
Housing and Human Services
1/2412008 9:38:20 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
1125120086:45 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin,
11291200811:50 AM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
1/30120089:16 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
11311200611:50 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/3112008 2:14 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
21412008 7:44 PM
file://C :\AgendaT est\Export\ 1 OO-F ebruary%20 12,%202008\ 16. %20CONSENT%20AGEND... 2/6/2008