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Agenda 07/08/2014 Item #16D 87/8/2014 16.D.8. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Satisfaction and Release of Lien for payment of deferred countywide impact fees. OBJECTIVE: To support the affordability of housing in Collier County through the Collier County Impact Fee Deferral Program. CONSIDERATIONS: The Consolidated Impact Fee Ordinance provides for the deferral of impact fees to allow first -time very -low- income homebuyers access to homeownership provided they occupy their homes for fifteen years. The program was codified in Section 74 -401 of the Land Development Code, which allows the County to defer the payment of the impact fee for any new owner- occupied dwelling unit that qualifies as affordable housing. The impact fees for the property identified below have been repaid in full. As such, the repayment obligation has been fulfilled and release of the lien is needed. The following table details the satisfaction and release of lien associated with this item. Name Property Address Deferred Official Records Public Type Gabriela Garcia Impact Fee Record Gabriela Garcia 7358 Bristol Circle $12,258.56 OR Book: 4114, PG: 1240 Naples, FL 34112 FISCAL IMPACT: Collier County impact fee deferral funds in the amount of $12,258.56 and interest have been repaid and have been deposited to the individual impact fee trust funds as required. Property Owner Deferred Impact Fee Accrued Interest Total Paid Type Gabriela Garcia $12,258.56 $3,064.64 $15,323.20 Countywide GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - JAB STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a Satisfaction and Release of Lien for payment of deferred countywide impact fees. Prepared Bv: Elly Soto McKuen, Grant and Housing Coordinator; Housing, Human and Veteran Services Packet Page -1519- 7/8/2014 16.D.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.8. Item Summary: Recommendation to approve and authorize the Chairman to sign a Satisfaction and Release of Lien for payment of deferred countywide impact fees. Meeting Date: 7/8/2014 Prepared By Name: McKuenElly Title: Grants Coordinator, Housing, Human & Veteran Services 6/18/2014 11:14:28 AM Submitted by Title: Grants Coordinator, Housing, Human & Veteran Services Name: McKuenElly 6/18/2014 11:14:29 AM Approved By Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 6 /19/2014 10:54:21 AM Name: MaeEsther Title: Accountant, Senior, Housing, Human & Veteran Services Date: 6/19/2014 1:18:57 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 6/19/2014 5:26:39 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 6/19/2014 5:26:47 PM Name: AlonsoHailey Packet Page -1520- 7/8/2014 16.D.8. Title: Operations Analyst, Public Services Division Date: 6/24/2014 9:03:48 AM Name: Bendisa Marku Title: Supervisor - Accounting, Housing, Human & Veteran Services Date: 6/24/2014 9:32:15 AM Name: PattersonAmy Title: Manager - Impact Fees & EDC, Business Management & Budget Office Date: 6/24/2014 1:30:04 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 6/24/2014 2:38:51 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/25/2014 2:22:43 PM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 6/26/2014 2:13:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/26/2014 4:48:25 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/27/2014 2:19:10 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 6/30/2014 10:09:10 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 7/1/2014 1:39:56 PM Packet Page -1521- Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Deferral M/F EMS Payoff Deferral M/F JAIL Payoff Deferral M/F LIBRARY Payoff Deferral M/F Community Pa rk Deferral M/F Regional Park Deferral M/F SCHOOL Payoff Deferral M/F ROAD Payoff D6 Deferral M/F GOVT BLDG Payoff Deferral M/F LAW ENF Payoff Deferral M/F WATER Payoff Deferral M/F SEWER Payoff Interest EMS Interest GOVT BLDG Interest JAIL Interest LIBRARY Interest PARKS Interest ROAD D6 Interest SEWER Interest WATER Interest LAW ENF Cashier Name: Batch Number: 7 /Q /01-11 ^ I CZ r) Q rrwwi� iv. v, Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239 - 252 -2400 RECEIPT OF PAYMENT 2014178199 2014 - 025317 06/05/2014 $15,323.20 Payment Method Check $15,323.20 $0.00 Servicel-ink 4000 Industrial Blvd Aliquippa, PA 15001 Amount Paid Check Number $15,323.20 157809 Reference Number Original Amount GL Account Fee Paid MS20140006670 $93.00 $93.00 350 - 140470 - 324103 - 31350.1 MS20140006670 $117.98 $117.98 381- 110430 - 324103 - 31381.1 MS20140006670 $224.37 $224.37 355 - 156190- 324103 - 31355.1 MS20140006670 $561.70 $561.70 346 - 156410 - 324103 - 31346.1 MS20140006670 $560.68 $560.68 346 - 156405 - 324103 - 31346.1 MS20140006670 $1,033.75 $1,033.75 113 - 000000 - 209050 MS20140006670 $3,731.00 $3,731.00 338 - 163658 - 324103 - 31338.1 MS20140006670 $175.23 $175.23 390 - 122231 - 324103 - 31390.1 MS20140006670 $82.60 $82.60 385 - 110433 - 324103 - 31385.1 MS20140006670 $2,760.00 $2,760.00 002 - 138770 - 324103 MS20140006670 $3,125.00 $3,125.00 002 - 138770 - 324103 MS20140006670 $23.25 $23.25 350 - 989010 - 361190 - 99350.1 MS20140006670 $43.81 $43.81 390 - 989010 - 361190 - 99390.1 MS20140006670 $29.50 $29.50 381 - 989010 - 361190 - 99381.1 MS20140006670 $56.09 $56.09 355 - 989010 - 361190 - 99355.1 MS20140006670 $280.60 $280.60 346 - 989010 - 361190 - 99346.1 MS20140006670 $932.76 $932.76 338 - 989010 - 361190 - 99338.1 MS20140006670 $781.23 $781.23 002 - 989010 - 361190 MS20140006670 $690.00 $690.00 002 - 989010 - 361190 MS20140006670 $20.65 $20.65 385 - 989010 - 361190- 99385.1 melissaalvarez 3797 Packet Page -1522- Entered By: fleishmanpaula 7/8/2014 16.D.8. Packet Page -1523- Return to L Lauren Beard Collier County OSH 2800 N. Horseshoe Drive Naples, FL 34104 File# 06- 128 -IF 3909973 7/8%2014 16.D.8. RICORDBD in OFFIC__._ 09/29/2006 at 03:07PN MIGHT B. BROCI, CLIRI RIC FII 27.00 Retn: OPIRATIONAL SUPPORT i HOUSING LAUREN BIARD INTBROFFICB 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 3 '-d day of August, 2006, between Collier County, a political subdivision of the State of Florida (COUNTY) and Gabriela Garcia (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 dwellin 1 -attached as Exhibit "A." 3. The term of this Agreemen /t�i� "3ate set orlR7)ibove until the impact fee is repaid. 4. The amount of the impaac( fees��d— ef- er— reddsshall be pai �t\o the COUNTY in full upon: a) the sale of the dwelling unit; l� th "�efb ancing o'f 6e dwel ing !nit; c) a loss of the homestead exemption; or d) the ,'firs Joe u en `� �- yffsal per lifer Ipf any part of the affected real property, and in any such; Lettt.�i1 d�fe i act a shall, be paid in full to the COUNTY j �; / not later then the closi>�g ,the sale, or not laterVen he,A 1 �e¢tive date of the transfer. As set forth in Exhibit 'B," th 1nQunt of the deft 68- Aml:�acf fees is Twelve Thousand, Two Hundred Fiftv- -Eight dollars-,9 665 .00 ($12,2W Sv6�Zepayment shall include any accrued interest. Interest shall be compuie'6f 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 Packet Page -1524- rage t of 2 0 7/8/2014 16.D.8. 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. Witnesse Print Name (gr Witnesses: Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agnt Gabriela Garcia, who are identification OWNER: Gabriela Garcia CQ , acknowledged before e 3r 14 day of August, 2006, by Fc.'r-a� I.— -- as [NOTARIAL SEAL] r [ � ign` d"t of �fi�tary J c) t J % Lauren J. Beard �L (Print Name of'Ja� i y Public) Commission #DD159084 Expires: Oct 24, 2006 ti� :) isrbn� umber: Bonded T'hru �0 lion Expires: " Atlantic Bonding Co.. Inc. COLLIER COUNTY, FLORIDA By: JAMfS V. MUDD, COUNTY MA AGER STATE OF FLORIDA COUNTY OF COLLIER` The foregoing Agreement was acknowledged before me this a�� day of August, 2006, by James V. Mudd, County Manager, on behalf of the C LINTY, who is personally known to me. [NOTARIAL SEAL] (Signature of Notar ic) Lauren J. Beard L OI LLrec-\ 7S 'aE'a CTi Commission #DD159084 (Print Naive of Notary Public) _. Expires: Oct 24, 2006 Bonded Commission Number: Atlantic Bonding Co., Inc. My Commission Expires: App r ved to form and Recommend approva legal ncy: L Jeffrey tlatzkow Denton Baker, Director of Assist t unty Attorney Operational Support & Housing Packet Page-1525- ragc l- I/- * ** OR 7/8%2014 16.6.8. EXHIBIT "A" LEGAL DESCRIPTION LOT 65, BRISTOL PINES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 43, PAGE 78, 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 $224.37 D. Community Parks Impact Fee $561.70 E. Regional Parks Impact Fee $560.68 F. Educational Facilities System Impact $827.00 G. Road Impact Fee 0� COUo $3,731.00 H. Government Buildings m t Fee $175.23 I. Law Enforcement I pa ,t' Fee�a ` $82.60 J. Water Impact Fee $2,760.00 K. Sewer Impact Fee awn $3,125.00 J►7 f .� TOTAL ACT FEES LJ $12,258.56 E CI JAK Approved _ _ _ 0 Packet Page -1526- Prepared by: Elly Soto McKuen Collier County Housing, Human & Veteran Services 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 7/8/2014 16.D.8. THIS SPACE FOR RECORDING SATISFACTION AND 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 executed by Gabriela Garcia to Collier County, recorded on September 9, 2006 in Official Records Book 4114, Page 1240, of the Public Records of Collier County, Florida, in consideration of $15,323.20 ($12,258.56 plus accrued interest) 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, more particularly described as follows: Lot 65, Bristol Pines, according to the map or plat thereof recorded in Plat Book 43, Page 78, of the Public Records of Collier County, Florida. 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. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA Dated: (SEAL) , Deputy Clerk Tom Henning, Chairman Approved as to form and legality: Jennifer A. Belpedio Assistance County Attorney Packet Page -1527-