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Agenda 04/28/2015 Item #16D 4 4/28/2015 16.D.4. EXECUTIVE SUMMARY Recommendation to approve a release of lien for full payment of a deferral of 100 percent of a countywide impact fee for owner occupied affordable housing dwelling unit. 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 the below 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 Dollie Gallegos 3572 Liberty Way $15,553.15 OR Book: 4325, PG: 2032 Immokalee, FL 34142 FISCALIMPACT: Collier County impact fee deferral funds in the amount of$15,553.15 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 Doll ie Gallegos $12,442.52 $3,110.63 $15,553.15 Countywide GROWTHMANAGEMENTIMPACT: There is no growth management impact associated with this Executive Summary. LEGALCONSIDERATIONS: 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 the attachments below for fu 11 payment of a 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 Attachments:Impact Fee Lien, Release of Lien, and Receipt of Payoff Packet Page -1417- 4/28/2015 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve a release of lien for full payment of a deferral of 100 percent of a countywide impact fee for owner occupied affordable housing dwelling unit. Meeting Date: 4/28/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community &Human Services 3/23/2015 10:00:03 AM Submitted by Title: Grants Support Specialist, Community &Human Services Name: MoodyMandy 3/23/2015 10:00:04 AM Approved By Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community &Human Services Date: 3/29/2015 5:33:59 PM Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community &Human Services Date: 3/29/2015 5:34:37 PM Name: PattersonAmy Title: Manager-Impact Fees &EDC, Business Management&Budget Office Date: 4/8/2015 1:01:42 PM Name: McKuenElly Title: Grants and Housing Coordinator, Senior, Community &Human Services Date: 4/8/2015 1:17:01 PM Packet Page -1418- 4/28/2015 16.D.4. Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 4/9/2015 1:50:18 PM Name: RobinsonErica Title:Accountant, Senior, Grants Management Office Date: 4/9/2015 2:41:14 PM Name: CarnellSteve Title:Department Head-Public Services,Public Services Department Date: 4/9/2015 3:40:52 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/14/2015 1:24:02 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 4/15/2015 10:26:09 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 4/15/2015 11:15:16 AM Packet Page-1419- 4123067 an- '""' 'a """" 4/28/2015 16.D4. RECORDED in OFFIC__ _______ -- _______ 01/30/2008 at 12:35P1 DVIBBH I. BROCE, CLERK Return to RIC 111 27.00 COPIES 3.00 Frank Ramsey Ran: Collier County HRS CLERK TO THE BOAID 3301 E.Tamiami Trail Naples,Florida 34112 INTEROFFICE 4TR FLOOR IIT 7240 File#08-059-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 /9 day of October, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Dollie Gallegos" (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 a led as Exhibit"A." U1,17 3. The term of this Agreement is -the date serfe`i r bo,\until the impact fee is repaid. 4. The amount of the impact fees a erre t the,\COUNTY in full upon: a) the / t sale of the dwelling unit; b� effflRlicit:'Ck,I I"e g unit; c)a loss of the homestead (1, exemption; or d)the first 1 ckcrenc o'f y tale of tra 1s1eLof any part of the affected real property,and in any sucfr ent the deferred impact fees sfigi, Abe paid in full to the COUNTY not later then the closing of he-sale,or not later then ifie ettective date of the transfer. As set forth in Exhibit `B," the am\bupt79 rf }mpact fees is Twelve Thousand Four Hundred Forty Two and 52/100 Dollars($12,442.52). Repayment shall include any accrued interest. Interest shall be computed at the rate of 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 nnti°e ic nrovided to the OWNER, the COUNTY Packet Page -1420- 4/28/2015 16.D.4. 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 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. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER ,AUNTY, LORIDA, - ! I • By: . ilk .'t1 y.\- l i�� - f ,, Attest es to l i3cirmaFt s ; ri ty Clerk . col-; JAMfiE y©LETTA,CH• It N signature on l ,.c e / 7 -- \-----6-WNEI 1 Witnesses: 1 (777 \ ')Dt. GIö 1 Print Name t■Acte.Vrto, i vd r -) j olli6!,Gallegos O resres: Name iy i« a• CT - - STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agre ent was acknowledged before me this l% day of , 2007, by eha tez, i!2J(1[J _rm , who is personally known to me or has produced as prof of identity. [NOTARIAL SEAL] 1....I L /,....'..41. Zp, Sigri_jY of Person .1 'ng Ac owledgment gs• „ AGIIE' I#Dpssaan MY comm 1 ,, 12.2010 °l"°`"_""- .- Recommend Approval: Approv •• • • PP and legn� --• . 0 - Jeffrey •1 • ow 1,arcy'Crumb e,MPA Chief As-,.. • l;County Attorney Director t Collier County Housing and Human Services Packet Page -1421- *** p 4/28/2015 16.D.4. EXHIBIT"A" LEGAL DESCRIPTION Lot 14,Liberty Landing,according to the plat thereof, as recorded in Plat Book 47,Pages 71 through 73, inclusive,of the Public Records of Collier County,Florida. EXHIBIT"B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.14 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee $1,659.00 F. Educational Facilities System Impact _e $2,862.00 G. Road Impact Fee 1j $6,059.00 H. Government Buildings ki4att Fee $410.00 / $171.61 I. Law Enforcement Impact/F'ee '-� TOTAL1 ( rQE � T 11 $12,442.52 1<iVi AG`T FEES� r ..t / •Ni JAK Approved_/ /_ Packet Page -1422- 4/28/2015 16.D.4. Prepared by:Mandy Moody Collier County Community and Human 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 Emilie Gallegos to Collier County,recorded on 01./30/2008 in Official Records Book 4325, Page 2032,of the Public Records of Collier County,Florida.in consideration of$15,553.15,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: Lot 14,Liberty Landing,according to the plat thereof, as recorded in Plat Book 47, Page 71 through 73, inclusive,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 TIM NANCE,CHAIRMAN Dated: Approved as to form and legality: (SEAL) Jennifer A.Belpedio (�y Assistance County Attorney k\\ Packet Pa:e-1423- 4/28/2015 16.D.4. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, F1 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2015225844 Transaction Number: 2015-006312 Date Paid: 02/09/2015 Amount Due: $15,553.13 Payment Details: Payment Method Amount Paid Check Number Check $15,553.13 30461 Amount Paid: $15,553.13 Change / Overage: $0.00 Contact: HABITAT FOR HUMANIT OF COLLIER COUNTY INC 11145 TAMIAMI TRAIL EAST NAPLES , FL 34113 FEE DETAILS: Fee Description Reference Number Original Amount GL Account Fee Paid Deferral S/F Community Park MS20150001647 $750.00 $750.00 346-156410-324102-31346.1 Deferral S/F Regional Park MS20150001647 $1,659.00 $1,659.00 346-156405-324102-31346.1 Deferral S/F EMS Payoff MS20150001647 $100.59 $100.59 350-140470-324102-31350.1 Deferral S/F JAIL Payoff MS20150001647 $62.14 $62.14 381-110430-324102-31381.1 Deferral S/F LIBRARY MS20150001647 $368.18 $368.18 355-156190-324102-31355.1 Payoff Deferral S/F ROAD Payoff MS20150001647 $6,059.00 $6,059.00 339-163659-324102-31339.1 D5 Deferral S/F SCHOOL MS20150001647 $3,577.50 $3,577.50 113-000000-209050 Payoff Deferral S/F GOVT BLDG MS20150001647 $410.00 $410.00 390-122231-324102-31390.1 Payoff Deferral S/F LAW ENF MS20150001647 $171.61 $171.61 385-110433-324102-31385.1 Payoff Interest PARKS MS20150001647 $602.25 $602.25 346-989010-361190-99346.1 Interest EMS MS20150001647 $25.15 $25.15 350-989010-361190-99350.1 Interest JAIL MS20150001647 $15.54 $15.54 381-989010-361190-99381.1 Interest ROAD D5 MS20150001647 $1,514.72 $1,514.72 339-989010-361190-99339.1 Interest GOVT BLDG MS20150001647 $102.50 $102.50 390-989010-361190-99390.1 Interest LAW ENF MS20150001647 $42.90 $42.90 385-989010-361190-99385.1 Interest LIBRARY MS20150001647 $92.05 $92.05 355-989010-361190-99355.1 Cashier Name: melissaalvarez Batch Number: 4238 Entered By: fieishmanpaula Packet Page-1424- 4/28/2015 16.D.4. i z o o3wlg8 > rn m > •1 m z arm m 1 C) m m o g m wd O z 0 N -n O Z 3 m o '+ 3 D m O m I m H w D CD (..> yNy o b, * A C C.0 O in-I Cn 4, N m RI 0 x 0 H U K O -- K m 4 V O O m• cit 8 o ae8x F.: «, y� d,z O -• 0,G7 w A w co-0 in in e o 4+ 4.�m o VNi j .co o co a CT a°CCo o D � C in F- en co A a`A r_ to on W Cri N O CO D p Z7 b on on 7) C-....,01 CO a A -O 0 0 0 w w a° o w w n co in w m= r N cn o 0 O O 4. w 4. N co N w O o o O 8 0 G D w O -1 69 rn •C " O e o 7 0 o o CC) m Cn ov,� 0 08 88 °0 0 N fA _+ A m A N w-•Z CM CO Ca CA m CA H --1 cn j o n1 0 -01 O Or.r w r O m a°tn w ) 0 a° C)v 0 0 WI'm m m m E -1 73 o 0 n o m in 1 Packet Page -1425-