Loading...
Agenda 02/12/2008 Item #16D20 Agenda Item No. 16D20 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 108, Liberty Landing, Immokalee. 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 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 Liberty Landing subdivision in Immokalee. 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 $ ] 2,442.46 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 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 108, Liberty Landing, 1mmokalee. PREPARED BY: Frank Ramsey, SHIP Program Coordinator, Housing and Human Services Agenda Item No. 16D20 February 12, 2008 Page 2 of 5 Rmn" FnI.Ir.R.I~ RHS 3301 E T...... Trail Napa, fL34112 FIle# OS-US-IF TIaiI.pa<<'wrftM'dia& LIEN AGREEMENT WITII DEVEWPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS ro- This Agreement is entered into thisZ~ day of January, 2008, between Collier ColIDty, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier Coonty, 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 County 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 unit(s). 4. The amolIDt of 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 forth in Exhibit "B," the amount of the deferred impact fees is Twelve Thousand Four Hundted Fortv Two and 4611 00 Dollars (512.442.461. 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 alien against the dwelling unit(s). The lien shall tenninate 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 tnUlSferred, 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 othetWise 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 of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same, including, but not limited to, a fuU 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"10) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option. collect the impact fee amount in delimit and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or Page I of2 Agenda Item No. 16D20 February 12, 2008 Page 3 of 5 declare that the deferred impact fees are then in default and immediately due and payable. The COUNfY 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 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 immediateiy 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. TIlls 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: , Deputy Clerk TOM HENNING, Chainnan By' OF FLORIDA COUNTY OF COLLIER The foregning instrumentAgreement was acknowledged before me this .GL3...- day of January, 2008, by Samuel J. Durso, M.D. as President for Habitat for Humanity of Collier County, Inc. who is personally known to me or has produced as ~:::::'SEAL] cd..~ m ~ gnatureofNotary ic) Ufl {~. L e f-h.1fVl1 (print Name of Notary Public) .\'i!!!..~>. Lisa B.LefkoW f!(,~~ CommisSion # 00293446 ~. lr,j!F Explreo March 4.2008 ~: :f.(f-"_"""~,,,._1Il< ~9 D -M y Krumbine. ~ ~ Housing & Human Services Page 20f2 EXHIBIT "A. LEGAL DESCRIPTION Lot 108, Liberty Landing, according to the plot thereof, a. recorded in Plot Book 47, Pages 71 through 73, inelusive, of the PubUe Reeorda of Collier County, Florida. STREET ADDRESS 3655 Justice Circle, Immokolee, FL 34142 EXHIBIT "'B'" IMPACT FEE BREAKDOWN Type of Impact 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 TOTAL IMPACT FEES JAKA.pprovod_'-1_ Agenda Item No. 16020 February 12, 2008 Page 4 of 5 Amount Owed 5100.59 562.08 $368.18 5750.00 51,659.00 52.862.00 56,059.00 $410.00 5171.61 512,442.46 Page 1 of I Agenda Item No. 16020 February 12, 2008 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16020 Meeti n9 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~occupjed affordable housing unit located at Lot 108, liberty Landing, Jmmokalee. 2/12/2008 90000 AM Prepared By Frank Ramsey SHIP Program Coordinator Date Public Services Housing and Human Services 1/24/20089:41:46 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1/25/20088:47 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/29/200811:37 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Infonnation Technology 1/30/20089:17 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/31/200811:55 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 1/31/20082:39 PM Approved By James V" Mudd Board of County Commissioners County Manager Date County Manager's Office 2/4/2008 7:46 PM file://C:\AgendaTest\Export\ 1 00-February%20 12, %202008\ 16.%20CONSENT%20AGEND... 2/6/2008