Agenda 01/13/2015 Item #16D 1 1/13/2015 16.D.1.
•'■
EXECUTIVE SUMMARY
Recommendation to approve a release of lien for payment of a Countywide impact fee deferral
agreement obligation.
OBJECTIVE: To support the affordability of housing in Collier County through the Collier County
Impact Fee Deferral Program.
CONSIDERATIONS: Pursuant to Section 74-401 of the Collier County Code of Ordinances the County
shall defer the payment of the impact fees for any new owner-occupied dwelling unit which qualifies as
affordable housing.
Section 74-401(3) of the Code authorizes the County Manager to enter into an impact fee deferral
agreement with the owner or applicant. The deferred impact fees shall be a lien on the property and
agreement shall be accepted by the County in lieu of prompt payment of the impact fee that would
otherwise then be due and payable but for the agreement.The impact fees deferred for the construction of
a residential dwelling unit have been repaid in full. As such, the repayment obligation has been fulfilled
and a release of lien is needed.The following table sets forth the details associated with this item.
Name Property Address Payoff Official Records Public
Amount Record
Edmundo Auzo 4420 Botanical Place,Unit 103 $8,946.77 OR Book:4111,PG:0468
Naples,Fl 34112
FISCAL IMPACT: Collier County impact fee deferral funds in the amount of,$8,946.77 have been
repaid and have been deposited to the individual impact fee trust funds as required
Property Owner Impact Fee Interest Total Deferral Type
Assessed
Edmundo Auzo $7,158.27 $1,788.50 $8,946.77 Countywide
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval.—JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign a release of lien for deferral of 100 percent of Collier County impact fee for owner
occupied affordable housing dwelling unit.
Prepared By:Mandy Moody,Grant Support Specialist,Community and Human Services
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1/13/2015 16.D.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve a release of lien for payment of a
Countywide impact fee deferral agreement obligation.
Meeting Date: 1/13/2015
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist, Community&Human Services
11/14/2014 9:27:17 AM
Submitted by
Title: Grants Support Specialist, Community&Human Services
Name: MoodyMandy
11/14/2014 9:27:18 AM
Approved By
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation, Community&Human Services
Date: 12/1/2014 5:24:10 PM
Name: PattersonAmy
Title: Manager-Impact Fees &EDC, Business Management&Budget Office
Date: 12/3/2014 3:54:59 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 12/8/2014 1:00:28 PM
Name: GrantKimberley
Title: Director-Housing,Human and Veteran S, Community &Human Services
Date: 12/8/2014 9:22:06 PM
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1/13/2015 16.D.1.
Name: McKuenElly "~
Title: Grants and Housing Coordinator, Senior, Community&Human Services
Date: 12/18/2014 7:53:34 AM
Name: RobinsonErica
Title: Accountant, Senior,Grants Management Office
Date: 12/18/2014 9:16:26 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 12/18/2014 4:22:12 PM
Name: CarnellSteve
Title: Administrator-Public Services,Public Services Division
Date: 12/22/2014 3:27:06 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/23/2014 11:44:05 AM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 1/5/2015 1:39:03 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 1/5/2015 4:17:16 PM
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1 3941131/1 3/2015 16.D.1.
RECORDED in OPelueu en,.uwo v► Waa.s.vvv.... .v
09125/2006 at 03:00PN DAIGHT K. BROCE. CLERK
Rehm to RIC PEE 21.00
Lium Bard RetR:
' 1 Cotlie.Coumy OSH OPKRATIOAAL SUPPORT 6 ROUSING
2800 N.Horseshoe Drive LAUREN BEARD
Napin FL 34101
IATEROPPICK
File#06-023-IF
This space for recording
LIEN AGREEMENT FOR DEFERRAL OF 100%OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this 7 day of September, 2006,between Collier County, a
political subdivision of the State of Florida(COUNTY)and Edmundo Auza(OWNER),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 dwelli st[ttached as Exhibit"A."
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3. The term of this Agreement^ i awe et- i�i'yioy until the impact fee is repaid.
4. The amount of the impa� deferred shall be paid e COUNTY in full upon: a) the
/ t
sale of the dwelling u nif; tl theraancing OI'tli dwelling t�t; c)a loss of the homestead
ti exemption; or d)the pirstj c r afar of any part of the affected real
property,and in any such ev iL i :,pact e�shdll.be paid in full to the COUNTY
II.
not later then the closin e sale,or not lateren he ,�fe the date of the transfer. As set
forth in Exhibit "B," tli wit of the defe re9 t Ca fees is Seven Thousand, One
Hundred Fift -Ei: t dollars T .1)0 $7 'Repayment shall include any accrued
interest. Interest shall be compu ., 'r•, . five percent (5%) per annum, but in no
event shall it exceed twenty-five percent(25%)of the total fee amount.
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 a lien against the dwelling unit. The lien shall
terminate 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 transferred, assigned, or otherwise
conveyed. 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 for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record
any necessary documentation evidencing same.
7. In the event the OWNER 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 OWNER, the COUNTY
may,at its sole option,collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement,or declare that the deferred impact fees are
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I C 1/13/2015 16.D.1.
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 for judgments calculated on
a calendar year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein,and shall be binding upon the OWNER'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.
OWNER:
W. e ses: -
/.L 7 14/4' -' —
Print Name , ,arAJfs 0r.a =:, do uza
Witnesse •
Print Name /L1(i I i-c_Q R'-c -1
STATE OF FLORIDA O ` R C U
COUNTY OF COLLIER
The foregoing Agreeme t C acknowledged before �e this 7 day of September,2006,
by Edmundo Auza, who are pers all awn to . o prod edl as
identification ( --441 ,r
tCaw,/%
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[NOTARIAL SEAL] r, . , ��
C",,,,,, ign -r - of'Ill � j/ ,.
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l Milne L cum, f . &
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EnpYM June U.20011 co (Print Nam 'o/a/y Public)
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..: on Expires:
• COLLIER COUNTY,FLORIDA
By: -/'C�_'r'/
J ES V.MUDD,COUNTY MANAGER
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this Da"dday of September,2006,
by James V.Mudd,County Manager,on behalf of the OUNTY,who is personally known to me.
[NOTARIAL SEAL] ` •1
(Signature of No :. ' blic)
Lauren J.Beard
..�y phi--
_- .k Commission#DD159084 Q t r� \ a rd
A. :: Expires:Oct 24,2006
-.yi,iie?'= Bonded•n.,, (Print Name of Notary Public)
,- Atlantic Bonding Co.,Inc. j
Commission Number:
My Commission Expires:
Apr' ova. i to form and Rec. end approval:
Al
leg s i •
imifill
Jeffr•ti A. ii' atzkow Denton Baker,Director of
Assis� t ��sunty Attorney Operational Support&Housing
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EXHIBIT"A"
LEGAL DESCRIPTION
UNIT 103,BUILDING 9,BOTANICAL PLACE,A CONDOMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF
RECORDED IN OFFICIAL RECORDS BOOK 3933,PAGE 2655,OF THE PUBLIC
RECORDS OF COLLIER COUNTY,FLORIDA.
EXHIBIT"B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee $93.00
B. Correctional Facilities Impact Fee $117.98
C. Library Impact Fee $166.90
D. Community Parks Impact Fee $561.70
E. Regional Parks Impact Fee $560.68
F. Educational Facilities Syste r p _,FedCO i $827.00
G. Road Impact Fee � $2,662.00
H. Government Buildings a•. $159.01
.-. I. Sewer Impact Fee $2,010.00
TOT PACT FEES ; $7,158.27
r �
E CAW
JAK Approved_/_/_
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Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34109
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2014206538
Transaction Number: 2014-053656
Date Paid: 10/15/2014
Amount Due: $8,946.77
Payment Details: Payment Method Amount Paid Check Number
Check $8,946.77 10215257
Amount Paid: $8,946.77
Change / Overage: $0.00
Contact: Chicago Title Insurance Company
601 Riverside Avenue Bldg 5, 6th Floor
Jacksonville, FL 32204
FEE DETAILS:
•
Fee Description Reference Number Original Amount GL Account
Fee Paid
Deferral M/F Community Park MS20140012194 $561.70 $561.70 346-156410-324103-31346.1
Deferral M/F Regional Park MS20140012194 $560.68 $560.68 346-156405-324103-31346.1
Deferral M/F EMS Payoff MS20140012194 $93.00 $93.00 350-140470-324103-31350.1
Deferral M/F JAIL Payoff MS20140012194 $117.98 $117.98 381-110430-324103-31381.1
Deferral M/F LIBRARY MS20140012194 $166.90 $166.90 355-156190-324103-31355.1
Payoff
Deferral M/F ROAD Payoff MS20140012194 $2,662.00 $2,662.00 333-163653-324103-31333.1
D2
Deferral M/F SCHOOL MS20140012194 $1,033.63 $1,033.63 113-000000-209050
Payoff
Deferral M/F GOVT BLDG MS20140012194 $159.01 $159.01 390-122231-324103-31390.1
Payoff
Deferral M/F SEWER MS20140012194 $2,010.00 $2,010.00 002-138770-324103
Payoff
Interest PARKS MS20140012194 $280.39 $280.39 346-989010-361190-99346.1
Interest EMS MS20140012194 $23.24 $23.24 350-989010-361190-99350.1
Interest JAIL MS20140012194 $29.48 $29.48 381-989010-361190-99381.1
Interest LIBRARY MS20140012194 $41.70 $41.70 355-989010-361190-99355.1
Interest ROAD D2 MS20140012194 $665.13 $665.13 333-989010-361190-99333.1
Interest GOVT BLDG MS20140012194 $39.73 $39.73 390-989010-361190-99390.1
Interest SEWER MS20140012194 $502.20 $502.20 002-989010-361190
Cashier Name: melissaalvarez
Batch Number: 4054
Entered By: fleishmanpaula
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Prepared by: Mandy Moody
Collier County
Housing,Human &Veteran Services
3339 E, Tamiami Trail, Building H,#211.
Naples,FL 34112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E.
Tamiami Trail, Naples, Florida 34112,the owner(s) and holder(s) of a certain Lien Agreement for Deferral of
100%of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units (the "Impact Fee
Lien") executed by Edmundo Auzo to Collier County, recorded on September 25, 2006 in Official Records
Book 4111, Page 0468, of the Public Records of Collier County, Florida, in consideration of$8,946.77, receipt
of which is hereby acknowledged does satisfy. remise, release, quitclaim, exonerate and discharge the Impact
Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as
follows:
Unit 103, Building 9, Botanical Place, A Condominium, according to the declaration of condominium
thereof recorded in the official records Book 3933, Page 2655, of the Public Records of Collier County,
Florida.
The undersigned is authorized to and does hereby satisfy and release this Lien with respect to the above-named.
property and consents to this Lien being forever discharged of record with respect to said property.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER
DWIGHT E. BROCK, CLERK COUNTY,FLORIDA
By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Dated: Approved as to form and legality:
(SEAL)
Jennifer A. Belpedio \Cr
�,
Assistance County Attorney ``
11450C-00632/1132963/11
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