Agenda 12/08/2015 Item #16D 512/8/2015 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve one State Housing Initiatives Partnership Program release of lien in
the amount of $6,082.98 for an owner - occupied affordable housing dwelling unit where the
obligation has been repaid in full.
OBJECTIVE: To support the affordability of housing through the implementation of SHIP program
strategies.
CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the
County shall defer the payment of the impact fees for any new owner - occupied unit which qualifies
as affordable housing.
Section 74- 401(a) (3) of the Code authorizes the County Manager to enter into a SHIP impact fee deferral
agreement with the owner or applicant. Under the SHIP Impact Fee Deferral program, when an eligible
applicant is approved for an impact fee deferral, the SHIP program pays the required impact fees in full to
the County on behalf of the applicant and defers the SHIP repayment to the applicant until the property is
sold, refinanced, or no longer their primary residence. The deferred impact fees shall be a SHIP lien on
the property, and any repayment made on the lien shall be repaid to the SHIP Trust Fund.
The funds deferred for the construction of one residential dwelling unit have been repaid in full. As
such, the repayment obligation has been fulfilled and a satisfaction and release of the SHIP lien is
needed. The following table contains details about the SHIP lien associated with this item.
File #
Name
Property Address
Lien
Amount
Payment
Received
Official Records
03- 129 -IF
Habitat for Humanity of
3436 Carson Lakes
$6,082.98
$6,082.98
Book:3251; PG: 0129
Collier County, Inc
Circle, Immokalee
Recorded: 03 /28/2003
Total
$6,082.98
$6,082.98
FISCAL RYI.PACT: A total of $6,082.98 has been repaid to Collier County and is considered program
income and has been deposited in the SHIP Grant Fund (791), Project No. 33429. Such funds may be
reused for eligible SHIP program activities.
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 one SHIP release of lien where the obligation has been paid in full.
Prepared by: Wendy Klopf, Operations Coordinator, Community and Human Services
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Attachments: Release of Lien- Habitat for Humanity
IF Lien - Habitat for Humanity
SHIP SAP Backup HfH Impact Fee
12/8/2015 16.D.5.
i
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12/8/2015 16.D.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to approve one State Housing Initiatives Partnership
Program release of lien in the amount of $6,082.98 for an owner - occupied affordable housing
dwelling unit where the obligation has been repaid in full.
Meeting Date: 12/8/2015
Prepared By
Name: KlopfWendy
Title: Operations Coordinator, Community & Human Services
10/29/2015 4:20:27 PM
Submitted by
Title: Operations Coordinator, Community & Human Services
Name: K1opfWendy
10/29/2015 4:20:29 PM
Approved By
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Community & Human Services
Date: 11/4/2015 1:39:22 PM
Name: KushiEdmond
Title: Accountant, Community & Human Services
Date: 11/5/2015 9:10:55 AM
Name: GrantKimberley
Title: Division Director - Cmnty & Human Svc, Community & Human Services
Date: 11/5/2015 12:35:01 PM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 11/9/2015 2:46:49 PM
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Name: Bendisa Marku
Title: Supervisor - Accounting, Community & Human Services
Date: 11/9/2015 3:04:51 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 11/13/2015 2:18:16 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 11/16/2015 8:33:03 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Department
Date: 11/17/2015 9:06:46 AM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 11/18/2015 10:15:21 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/18/2015 11:05:27 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 11/19/2015 9:13:12 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/19/2015 10:35:11 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/19/2015 11:55:53 AM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 11/20/2015 3:01:17 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/20/2015 6:25:10 PM
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12/8/2015 16.D.5.
n
12/8/2015 16.D.5.
Prepared by: Wendy Klopf
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
3399 E. Tamiami Trail, Naples, Florida 34112, the owner and holder of a certain Impact Fee
Agreement executed by Habitat for Humanity of Collier County, Inc. to Collier County,
recorded' on 03/28/2003 in Official Records Book 3251„ Page 0129, of the Public Records of
Collier County, Florida, in consideration of $6,082.98, receipt of which is hereby acknowledged
does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said
agreement, that certain portion of the premises conveyed by said lien, described in the
aforementioned Impact Fee Agreement,
The undersigned is authorized to and does hereby 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.
This Release of Lien was approved by the Board of County Commissioners on -
2015, Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By. By.
Deputy Clerk Tim Nance, Chairman
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney,
vA
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Pnamd by:
Patrick G. WWW
An-L CoWer Coiaq Att'y.
3301 Tamk ml Trad FAd
Naples, M 34112
File# 03. 129 -IF
3153913 OR; 12/8/2015 16 -6.5.
11CMID in OFFICIAL 11C01DS of COLLIII COW, FL
03/21 12103 it 11:44A1 MCI? 1. N10C1, Cull
11C 111 11,51
Isla:
FINANCIAL AMR i NOOSING
INT110FFI0
ATTN: LA0111 1lA81113 -2331)
TNs space for ceco OR
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE - FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the Def �Impact Fees is entered into this a day of
2003 by �een Collier political subdivision of the State of
Florida, through its the Bo ommiss' ners, re after referred to as "COUNTY,"
and Habitat for Human,ty u „ e} .na er referred to as "OWNER,"
collectively stated as the e "
RECIT
WHEREAS, Collier Ordinance No. �1.. the Collier County Consolidated
Impact Fee Ordinance, as amen b may be further amended from time to
time, hereinafter collectively referred to as pact Fee Ordinance," provides for deferrals of
impact fees for new owner - occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by
the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial
Administration and Housing Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application and has found that it complies with the requirements for an affordable housing 100%
deferral of impact fees as set forth in the Impact Fee Ordinance; and
l
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/—
OR: 3.12/8/2015 16.D.5.
WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee deferral; and
WHEREAS, pursuant to Section 74 -201, E. I.b. of the impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is
authorized to execute certain Impact Fee Deferral Agreements. and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY, and
WHEREAS, by signing this Agreement, the County Manager will approve a deferral of
impact fees for OWNER in support of
9- VINC
NOW,
valuable consideration,
the Parties covenant and
1. RECITALS
incorporated b rence herein.
2. LEGAL DESCR The legal
(the "Dwelling U
Housing.
Recitals, and other good and
hereby mutually acknowledged,
are true and correct and are
dwelling unit and its site plan
" and is incorporated by reference
herein.
3. TERM. The term of this Agreement is for no longer than a period of fifteen (15)
years commencing from the date the certificate of occupancy is issued for the
Dwelling Unit. During this term the Dwelling Unit must remain as affordable
housing and may only be offered for sale in accordance with the standards set forth in
the Impact Fee Ordinance and this Agreement.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. OWNER's household earnings will not exceed the limit for low income as
defined in the Impact Fee Ordinance, and the OWNL-R's monthly
2
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VA: 3i 12/8/2015 16.D.5.
payments to purchase and pay for the Dwelling Unit will remain within
the affordable housing guidelines established in the Impact Fee Ordinance;
b. Owner is a first -time home buyer;
C. The Dwelling Unit is, and will remain, the homestead of the OWNER or
any subsequent owner;
d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of $6,082.98,
as set forth in attached Exhibit "B," incorporated by reference; and
e. In return for the COUNTY deferring repayment of 100% of the impact
fees owed by OW I no later than the expiration of the TERM,
OWNER �R co s to comply with the affordable
housin i et fee deferral qualific ion riteria detailed in the Impact Fee
Ordi an during e,terat of th s Air me t.
5. S
which is subjecp"
Y If DOWNER sells the Dwelling Unit
i-sopotItient purchaser, the Dwelling
Unit shall be soh#'�b to persons or -110 sO eeting the deferral qualifying
criteria set forth in th wee Ordin C case of sale or transfer by gift of
the Dwelling Unit, the on shall remain liable for the impact fees
deferred until said impact fees are paid in full or until the conditions set forth in the
Impact Fee Ordinance and this Agreement are satisfied.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing as defined in the Impact Fee Ordinance during the term of this
Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during
such period, the full amount of the deferred impact fees shalt be immediately repaid
to the COUNTY.
7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and
continuing until paid or released, the dollar amount of deferred impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Six Thousand Eighty-
3
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OR: 3 12/8/2015 16.D.5.
Two dollars and 98/100 ($6.082.98), as set forth in attached Exhibit "B." This lien
may be foreclosed upon in the event of default under this Agreement. Provided that if
the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in
consideration of a suitable security collateral being provided by the OWNER to the
COUNTY, then all of the COUNTY'S lien rights and interests arising under this
Agreement are to be considered junior, inferior, and subordinate to each first
mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and
regardless of any foreclosure on the first mortgage or other security interest, such lien
shall otherwise be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortga er person, except that this lien shall be on
parity with any lien fog
8. RELEASE OF U n satisfactory co letion of this Agreement's
requirements, in lud' g a he de rred i pa t fees, the COUNTY shall, at
the expense of he O o eti ar d umentation evidencing such
payment, includt ut not lim ed to, a le of
9. BINDING EFFE is Agreement sh a land and be binding upon the
Parties to this Agree m eirs, su d assigns
10. RECORDING. This Agree recorded by COUNTY at the expense of
COUNTY in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agreement by the County Manager.
11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees
immediately deemed to be delinquent and in default in accordance with Code of Laws
Section 74 -501 of the codified Impact Fee Ordinance if:
a. OWNER fails to sell the Dwelling Unit in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due plus an
additional 10% delinquency fee and any interest due from the date that
those impact fees would otherwise have become due as set forth in Code
4
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QR ► 1 12/8/2015 16.D.5.
of Laws Section 74 -501, B. within thirty (30) days of mailing of written '--1\
notice of said non - compliance, or
b. OWNER continues to violate any of the affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (15) days after
mailing of written notice of the violation.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (l) fail to comply with the said
qualification criteria at any time during the fifteen (15) year terns; or (2)
violate any provisioos- C• reement, then the dollar amount of impact
fees deferre Aat m O , NER to the COUNTY within thirty
(30) dayp'of y✓fAtea ngtification of
b. Shoul th E fault of this Agreement, and the
defaul is of u it i i ( ) a �a er mailing of written notice to
the O R. the COU may bring civil action to enforce the
Agreem � 0
c. In addition, � or otherwise enforced by the
E C1R
COUNTY, by action aw or equity including the foreclosure of a
mortgage on real property. The COUNTY shall be entitled to recover all fees
and costs, including attorneys fees, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
5
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OR: 3 12/8/2015 16.D.5.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses: Habita!,f rfiu flier County, Inc.:
Print ame "ek By: S el J. Durso, M.D., President
d' P e
Print Nam
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was
Samuel J. Durso, M.D., President off
known to me. 0
[NOTARIAL SEA
uliette J.
dmno
COLLIER COUNTY,
STATE OF FLORIDA)
COUNTY OF.COLLIER)
o°
before me this day of March, 2003, by
o Collier County, Inc.. He is personally
ng Acknowledgment
COUNTY M
The foregoing Agreement was acknowledged before me this a'ttaay of -'IN\ QLA �Ct-- _,
2003, by James V. Mudd, County Manager, on behalf of the OUNTY. He is personally known to
me.
[NOTARIAL SEAL] Lauren J. Beard Signature of Person Takin nowledgment
`=. Commission NDD159084
'•_ Expires: Oct 24, 2006
�,i� aor�d Thru
Adw do Bonding Co.. Inc
Approved as to form and Rec ornmend Ap roval
legna.mirricienc
Patrick G. t e Denton Baker, Interim Director
Assistant County Attorney of Financial Administration & Housing
6
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OR; 3 12/8/2015 16. D.5.
EXHIBIT "A"
LEGAL DESCRIPTION
Habitat for Humanity of Collier County, Inc.
Lot 62, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39,
Pages 77 and 78, of the Public Records of Collier County, Florida.
PGW Form%&Agreements/AM4sSW 100% Defertal Agmment (030703 1100)
7
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EXHIBIT `B"
IMPACT FEE BREAKDOWN
co
Type
of Impact Fee
�,� t Owed
A.
EMS Impact. Fee
$
B.
Correctional Fac' itie
mpact $11 98
C.
Library Impact ee
4.
D.
Parks Impact F
E.
Educational Facilit' .
stem Impact Fee i$
F.
Road Impact Fee
0!:� 5.00
C
TOTAL IMPACT FEES
$6,082.98
PGW Form%&Agreements/AM4sSW 100% Defertal Agmment (030703 1100)
7
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