Agenda 02/11/2014 Item #16D 2 2/11/2014 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien for an owner occupied affordable housing dwelling
unit for which State Housing Initiatives Partnership (SHIP) have been repaid in full has a fiscal
impact of$7,698.82.
OBJECTIVE: To support the affordability of housing in Collier County through Impact Fee program
waivers.
CONSIDERATIONS: Pursuant to Section 74-401 of the Collier County Code of Ordinances, the
County shall defer/waive the payment of impact fee for any new owner-occupied dwelling unit which
qualifies as affordable housing under this article.
Section 74-401(3) of the Code authorizes the County Manager to execute an impact fee deferral/waiver
agreement with the owner or applicant. The deferred/waived impact fees are a lien on the property and the
agreement is accepted then by the County in lieu of prompt payment of the impact fee that would
otherwise then be due and payable.
Section '74-401(p) (2) provides that if reimbursement is required pursuant to an impact fee deferral or
waiver that was paid with State Housing Initiatives Partnership (SHIP)Program funds, such payment will
be made to the County Affordable Housing Trust Fund.
On April 24, 2001 the Board of County Commissioners (BCC) approved the State Housing Initiatives
Partnership(SHIP). Local Housing Assistance Plan (LHAP)for fiscal years 2001-2004 (Item 16A1). The
Plan included an Impact Fee Relief strategy to defer or waive Impact Fees for single-family units for low
or very low-income first-time homebuyers in Collier County unless the property is sold, transferred, or is
no longer the primary residence of the applicant prior to fifteen years from the date of purchase.
A developer agreement with Habitat for Humanity was entered into on November 9, 2001 for deferral of
the county impact fees for single-family affordable housing. The property subsequently was sold to an
income-eligible household in Habitat Village.
The funds deferred for the construction of one (1) 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
details the release of lien associated with this item.
File Name Property Address Payoff Official Records Public
Number Amount Record
02-0351F Habitat for Humanity- 12100 Sitterley St $7,698.82 OR Book: 2935, PG: 0402
(Gomez/Pablo)
FISCAL IMPACT: The repaid amount of $7,698.82 is considered program income and has been
deposited in SHIP Grant fund 791, Project 33258. Such funds may be reused for eligible SHIP program
activities.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
item.
Packet Page-409-
2/11/2014 16.D.2.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a
majority vote for Board Action.—JAB
STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to sign one(1)release of lien.
PREPARED BY: Wendy Klopf, Operations Coordinator,Housing, Human and Veteran Services:
Packet Page-410-
2/11/2014 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve a release of lien for an owner occupied
affordable housing dwelling unit for which State Housing Initiatives Partnership (SHIP) have
been repaid in full has a fiscal impact of$7,698.82.
Meeting Date: 2/11/2014
Prepared By
Name: KlopfWendy
Title: Operations Coordinator,Housing,Human&Veteran Se
1/6/2014 5:27:49 PM
Submitted by
Title: Operations Coordinator,Housing,Human&Veteran Se
Name: KlopfWendy
1/6/2014 5:27:51 PM
Approved By
Name: KushiEdmond
Date: 1/10/2014 2:15:55 PM
Name: Bendisa Marku
Title: Operations Analyst,Wastewater
Date: 1/14/2014 5:30:04 PM
Name: GrantKimberley
Title: Interim Director
Date: 1/16/2014 12:15:21 PM
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human&Veteran Servi
Date: 1/16/2014 1:31:45 PM
Name: SonntagKristi
Packet Page-411-
2/11/2014 16.D.2.
Date: 1/16/2014 3:26:58 PM
Name: TownsendAmanda
Title: Director-Domestic Animal Services,Domestic Anima
Date: 1/29/2014 1:46:56 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 1/30/2014 3:59:31 PM
Name: CarnellSteve
Title:Administrator-Public Services, Public Services Division
Date: 1/30/2014 5:12:04 PM
Name: RobinsonErica
Title:Accountant, Senior, Grants Management Office
Date: 1/31/2014 8:42:11 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 1/31/2014 10:00:49 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/31/2014 11:17:00 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 2/3/2014 8:22:37 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 2/3/2014 10:12:09 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/4/2014 10:56:34 AM
Packet Page -412-
2/11/2014 16.D.2.
Prepared by:
Collier County
Housing,Human&Veterans Services Dept
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 Impact
Fee Agreement executed by Habitat for Humanity to Collier County, recorded on December
3, 2001 in Official Records Book 2935, Page 0402, of the Public Records of Collier County,
Florida, in consideration of$7,698.82 , receipt of which is hereby acknowledged does remise,
release, quitclaim, exonerate and discharge from the lien and operation of the said agreement,
that certain portion of the premises conveyed by said lien, upon the aforementioned lien.
The undersigned is authorized to and does hereby release this Lien with respect to the above-
named property, and consents to this Lien being forever discharged of record with respect to said
property.
This Release of Lien was approved by the Board of County Commissioners on -
,2014,Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk Comm.Tom Henning
Chairman
Approved for form and legality:
Jennifer A. Belpedio
Assistant County Attorney
O
Packet Page -413-
2/11/2014 16.D.2.
0.2- 035?
• ...•�,: 2894455 OR: 2935 PG: 0402
dal,white RICORDID in O??ICIAL RICORD$ of COLLIIR COUIfl, IL
AWL Collier CauanyAtt'y. ::'031I00! it 01:II11 HIV? I. HOCt, CLILI
3311 Tamed Troll Frost RIC /II 37.50
Neoln.M,3itt2 Retn:
'.?::'S:NG ti URBAN ISPROVIRIN'
INTIR Ci1ICI TO ROI
Ms yKS for rT Urdly
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR
SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
FOR HABITAT FOR HUMANITY, INC.
�j
This Agreement lior the Waiver �' �� « •s is entered into this ! day of 4 I' d�
2001. by and between Collier Co. ttcal su. -i iStn, tf the State of Florida through its
Board of County C'omntissi neC.) 1•fter referred to as 'COUNTY," and Habitat for
Humanity of Collier County Inc , hereina 'd tt us "0 N-"," collectively stated as the
"Parties."
CZ I" 'Y E-4
WHEREAS, Collier t . 0 Ordinance: No. "'" • 3 Get oilier County Consolidated
Impact Fee Ordinance, as it ma �icr}amended f 4 to time, hereinafter collectively
referred to as "Impact Fee Ordinu i 'T rc�i�l waivers of impact fees for new
owner-occupied dwelling units qualifying as affordable housing:and
WHEREAS, OWNER has applied for u waiver of impact fees as allowed by the Impact
Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban
Improvement 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 waiver
of impact fees otherwise required in the Impact Fee Ordinance: and
- 1 -
Packet Page-414-
2/11/2014 16.D.2.
WHEREAS, the impact fee waiver shall he 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 liar an impact Ice waiver: and
WHEREAS, pursuant to Section 74-201, E.1.h. of the Impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances. the County Manager is authorized to execute
certain Impact Fee Waiver Agreements: and
WHEREAS, by signing this Agreement, the County Manager will approve a waiver of
impact fees for OWNER in support of creating Affordable !lousing:and.
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration. the receipt • • . u • z''41 Q�i+,t 6 is hereby mutually acknowledged.
the Parties covenant and agree a• I
I. RECITALS NCO'P • • r= c o 'tats are true and correct and are
incorporated by fe � •
2. LEGAL. DESC'R . I' tioti th Po/•fling unit and its site plan
(the "Dwelling U 's attached as Exhi • incorporated by reference
herein. uw,
oxs
3. TERM. The term of thO =•11 )C,9) nger than a period of fifteen (15)
C
years commencing I'ronn the date the certificate of occupancy is issued for the
Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and Ca`'
shall he 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:
u. OWNER'S household earnings will not exceed a eery low income as
defined in the Impact Fee Ordinance, and the OWNER'S monthly
- 2 -
Packet Page-415-
2/11/2014 16.D.2.
• payments to purchase and pay for the Dwelling Unit will remain within the
affordable housing guidelines established in the Impact Fee Ordinance:
h. OWNER is a first-lime home buyer;
c. The Dwelling Unit is, and will during the term of the Agreement remain,
the homestead of the OWNER or any subsequent owner:
d. OWNER is the owner of record or the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of Seven
'Thousand Six Hundred Ninety-Eight Dollars and Eighty Two Cents
(57,698.82), as set Furth in the attached Exhibit "B." incorporated by
reference: and
e. In return for the COUNTY'S waiver of the impact fees otherwise owed by
OWNER. OWNE: ants and agrees to comply with the
affordable 4• pact fee :tb. Iification criteria detailed in the
G
Impact F 0
5. SUBSEQUENT 'RA ; '4 , u ' f 'N R sells the Dwelling Unit
which is subject tot mp• •t a t-"r► • •' s►. ue t purchaser. the Dwelling
Unit shall be sold to persons ur house. Ids r, •a waiver qualifying criteria
set forth in the lm+ Ordinance. In c • le or transfer by gift of the w
w
Dwelling Unit, the mil' • NER shall \.16- 'able for the impact fees waived `-"
•w
until said impact fees arc pai e conditions set forth in the Impact Fee
Ordinance and this Agreement are satisfied.
its
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he 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 waived impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. Owner agrees that commencing on the effective date of this Agreement and
continuing until paid or otherwise released the waived impact fees shall constitute and
be a lien on the Dwelling Unit in the amount of Seven Thousand Six Hundred Ninety-
- 3
Packet Page-416-
2/11/2014 16.D.2.
• Eight Dollars and Eighty Two Cents($7.698.82),as set forth in attached Exhibit "B."
This lien tnuy he ti►reclosed 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 he considered junior, ini'erior, 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.mortgagee,or other person, except that this lien shall be on
purity with any lien for County tuxes.
8. RELEASE OF LIEN. Upon s, 'sluctory completion of this Agreement's
requirements after fiftee Ol , i-o-• - •• ► of issuance of the certificate of
oxccupancy,or upon •rilp' •yment of the waive u •••t fees, the COUNTY shall, at
the expense of th- Cs N • •co any t.• ssury oc mentation evidencing such
payment or relea.• of
9. BINDING EFFE • I g .. .'' run • t .F id and he binding upon the
Parties to this Agree land their heirs.s ;4,- st .• ,%signs. e"az
10. RECORDING. This ` 4 tent shall be rec COUNTY at the expense of
1t' My
COUNTY in the Official ` •'�' r- •nty, Florida, within sixty (60) days
after execution of this Agreement by the County Manager. slab
cs•s
• I I. DEFAULT. OWNER shall be in default ol'this Aga-cement if:
a. OWNER fails to sell the Dwelling Unit in accordance with the uftbrdahle
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty (30)
Clays of mailing of written 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.
- 4 -
Packet Page-417-
2/11/2014 16.D.2.
. • 12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (I) fail to comply with the said
qualification criteria at any time during the fifteen (15) year term: or
(2) violate any provisions of this Agreement, then the dollar amount of
impact fees waived shall he paid in full by OWNER to the COUNTY
within thirty(30)days of written notification of said violation.
h. Should the OWNER otherwise be in default of this Agreement, and
the default is not cured within ninety(90)days after mailing of written
notice to the OWNER, then the COUNTY may firing civil action to
enforce the Agreement.
c. In addition. the ' • • - . • foreclosed, or otherwise enforced by the
COUN' : + 0• :' in law or equity including the
to • los of a mortgage on re•or pro, •ny. The COUNTY shall be
e till•" to rec • fees td co. s, t eluding attorney fees. plus
i to , t th st s o , r , tt nts •alculated on a calendar day
./ f:.
fin jai �v Pra
' - ► GU N
IN WITNESS WHIR• • Parties have • 4Skit this Agreement for Waiver of '7'
Impact Fees on the date and year first i*LI in in
0
Witnesses: OWNER: rn
gilh,i_i(ji(zi,. HABITAT FOR HUMANITY OF
' •nt Na L'Jtcry/ K. 'dig lone_ COLLIER COUN Y. IKC�
1Lt ,, , ,
ntNam AlITNAti _ B ' '17 e� `Z. '
Samuel J. •urso, M.D.. President
- 5 -
Packet Page -418-
2/11/2014 16.D.2.
OR: 2935 PG: 0407
STATE OF Florida
COUNTY OF Collier
The foregoing Agreement was acknowledged before me this , day of .1 2001
by Samuel J. Durso, M.D., President 0 bitat fir Hu�sanity of Collier County, nc. He is personally
known to me. /f/� �• �_
I/ /,/ _ —
(NOTARIAL SEAL.J Signutu ' nc Taking Acknowledg neat
. ...........,... cl.....c,,,.Name of Acknowledger Typed,Printed or Stamped
aM�, a,J!..•,,! • i
,cc'.
r,- „. COLLIER COUNTY, FLORIDA
By i
4111111111*\���R Co -OMAS W.OLLIFF, NTY MANAGER
STATE OF Florida COUNTY OF Collier The foregoing Agree umn e P i day of)l h't'l mkt, 2001
by Thomas W. OMIT,Count 4 �a cis personally known tome.44,
.•1116 IL
[NOTARIAL SEAL( Stgna lr F•nt "7'' ,� Ye.ts
Name of Ackeri riti''rmted or Stamped
Approval Recommended Approved as to form and
NO muffs • ley:
/ *
Greg ask. Director Patrick G. White
Hous 4: It Urban improvement Assistant County Attorney
- 6 -
Packet Page-419-
2/11/2014 16.D.2.
EXHI BIT"A"
LEGAL.DESCRIPTION
LOT 20,BLOCK A. HABITAT VILLAGE.ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 37,PAGES 48 THROUGH SI,INCLUSIVE.OF THE PUBLIC
RECORDS OF COLLIER COUNTY.FLORIDA.
EXHIBIT"B"
IMP• • .". '• KIX)WN
•Ii
Type of Impact Fee 01- ?`„,_, Amount Owed
A. Library Impact Fee $ 214.00
B. Road Impact Fee ,8_5.00
C. Parks Impact Fee: 820.84 CD
D. EMS Impact Fee �, 93.00 7°
E. Educational Facilities i Impact Fee GO 1,778.00
� u+
F. Water Impact Fee Ql,, C�� l.275.00
•
G. Sewer Impact Fee ��IE CIR 1,575.00
.A.
H. Correctional Facilities Impact Fee 117.98 •o
TOTAL IMPACT FEES WAIVED $7.898.82
- 7 -
Packet Page-420-
2/11/2014 16.D.2.
. . , .
p • • Sou-v(.28-w 153.44'
oll `A. Q.' , Irma? -.. 4 ce,Q
ki a' SID ao • •s:
. .��io
1\) h go w CO � w im" 1. 1
8 ' �w
w 20•06L13 .1•G. t
. 28'x. ,o o po
P 1 ble ••, mi 73.jtipaii hoi...-ki,, u6
isi 81 ai
• • Nvorlq,11 _______
.-..- . 2 a
LJi . . ..
o � „ thON\ � , o'
w
'D Qk 014 I,R<'�'"' c 1 N.,,S C
De i
41 ra , .t `p0'04
� ,.
8 !L5SV
a z\i, 6 .
i
9' CAD 4,
a
s� / l�0p.
�O If
' 41 gi- *1:4?&T - ND k/ P i
Packet Page -421-
2/11/2014 16.D.2.
TEDocument b'd'Naster Record El •IS i ® rill N 12 21 4 '
RKPEP003 USD -Z/AENDY
Layout Z/WENDY RKPEP003 Nancy-GL detail
0b3ect ABS 33258 SHIP FY13-16
Cost Element 361170 To 369603 FIFTH THIRD 0/N INT. . .
Posting Date 12/01/2013 To 01/31/2014
Food!WES Egem. Cost Elem. 41 PostgDat2 '£ PCOArea.C�l h1 e I Re'fOoCNo
33258.1 361170 12/31/2013 29.70- 12/13 Fifth Thrd Interest 100656887
361170
791 33258.1 361180 12/31/2013 768.34- 12/31/13 Custodial Interest 100656886
361180 a 768.34-
791 33258.1 369600. 12/27/2013 3,000.00- SHIP LOAN PAYOFF-RUSSO,A#09-158 100655082
791 33258.1 7,648.82-'SHIP LOAN PAYOFF-GOMEZ,F F#02-0351F 100655082
791 33258.1 15,000.00- SHIP LOAN PAYOFF-HENSON,A#98-0408 100655082
791 33258.1 01/06/2014 5,000.00- SHIP LOAN PAYOFF-.GOMEZ,F.FILE 02-0351FLL 100655684..
369600 - -
a 30,648.82-
Anilkt
Packet Page-422-