Agenda 09/23/2014 Item #16D 79/23/2014 16.D.7.
EXECUTIVE SUMMARY
Recommendation to approve a State Housing Initiatives Partnership Program satisfaction and
release of lien in the amount of $5,793.82 for an owner occupied affordable housing dwelling unit
where obligation has been repaid in full.
OBJECTIVE: To support the affordability of housing in Collier County through the Collier County
SHIP Impact Fee program.
CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the
County shall defer the payment of the impact fee for any new owner - occupied dwelling 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. The deferred impact fees shall be a SHIP 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 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 details the satisfaction and release of the SHIP lien associated with this item.
FISCAL IMPACT: A total of $5,793.82 has been repaid to Collier County and is considered program
income and has been deposited in SHIP Grant fund 791, project 33331. 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
STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to sign a SHIP satisfaction of release of lien where obligation has been paid in full.
Prepared Bv: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Services
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SHIP
Total
Official
File #
Name
Property Address
Payoff
Impact
Amount
Fee Paid
Records
8274 Key Royal Circle
OR Book 3532;
04- 047 -IF
Jennifer Weir
Naples, FL 34.119
$5,793.82
$5,793.82
PG 0804
03/31/04
FISCAL IMPACT: A total of $5,793.82 has been repaid to Collier County and is considered program
income and has been deposited in SHIP Grant fund 791, project 33331. 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
STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to sign a SHIP satisfaction of release of lien where obligation has been paid in full.
Prepared Bv: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Services
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9/23/2014 16.D.7.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.7.
Item Summary: Recommendation to approve a State Housing Initiatives Partnership
Program satisfaction and release of lien in the amount of $5,793.82 for an owner occupied
affordable housing dwelling unit where obligation has been repaid in full.
Meeting Date: 9/23/2014
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist, Housing, Human & Veteran Services
8/19/2014 1:17:48 PM
Submitted by
Title: Grants Support Specialist, Housing, Human & Veteran Services
Name: MoodyMandy
8/19/2014 1:17:50 PM
Approved By
Name: KushiEdmond
Title: Accountant, Housing, Human & Veteran Services
Date: 8/20/2014 8:25:01 AM
Name: GrantKimberley
Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services
Date: 8/21/2014 6:03:03 PM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services
Date: 8/26/2014 9:13:51 AM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 9/3/2014 4:17:19 PM
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9/23/2014 16.D.7.
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 9/8/2014 4:17:26 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 9/9/2014 8:42:33 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 9/9/2014 1:45:47 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 9/16/2014 11:25:28 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/16/2014 1:54:52 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 9/16/2014 2:40:11 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/16/2014 3:15:01 PM
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File# 04- 047 -IF
9/23/2014 16.D.7.
3370769 OR: 3532 PG: 0804
nCORDID in OFFICIAL nCORDB of couni CO m, n
03/31/2004 it 02:4611 DWIGHT E. BROCI, CLIn
nC nl 31.50
Retc:
FIRAICIAL ADVIB k IODSIIG
IRTIROFFICI
ATTI: LAOnI DIARD1403 -23381
This space for recording
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE- FANHLY AFFORDABLE HOUSING DWELLING
This Agreement for the Defli0 t Fees is entered into this 29th day of
March, 2004 by and between oo r County, a polite division of the State of Florida,
through its the Board of C6unt
Canwji rein r r6ferred to as "COUNTY," and
Jennifer Weir, hereinafter r ferg o c i st ted as the "Parties."
WHEREAS, Collier rd' ty Ordinance No -1 Collier County Consolidated
Impact Fee Ordinance, as am(,, e 2002 -34, and as be further amended from time to
time, hereinafter collectively referrero Ordinance," provides for deferrals of
ps- ,
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
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
i
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Prepared by:
r
Patrick G. White
Ass't. cower county Att'y.
3301 Tamiarni Trail East
Naples, FL 34112
File# 04- 047 -IF
9/23/2014 16.D.7.
3370769 OR: 3532 PG: 0804
nCORDID in OFFICIAL nCORDB of couni CO m, n
03/31/2004 it 02:4611 DWIGHT E. BROCI, CLIn
nC nl 31.50
Retc:
FIRAICIAL ADVIB k IODSIIG
IRTIROFFICI
ATTI: LAOnI DIARD1403 -23381
This space for recording
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE- FANHLY AFFORDABLE HOUSING DWELLING
This Agreement for the Defli0 t Fees is entered into this 29th day of
March, 2004 by and between oo r County, a polite division of the State of Florida,
through its the Board of C6unt
Canwji rein r r6ferred to as "COUNTY," and
Jennifer Weir, hereinafter r ferg o c i st ted as the "Parties."
WHEREAS, Collier rd' ty Ordinance No -1 Collier County Consolidated
Impact Fee Ordinance, as am(,, e 2002 -34, and as be further amended from time to
time, hereinafter collectively referrero Ordinance," provides for deferrals of
ps- ,
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
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
i
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OR 9/23/2014 ww 16. D.7.
WHEREAS, pursuant to Section 74 -201, E. Lb. 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 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 creating Affordable Housing.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as fo
1. RECITALS INCO D. The forego' itals are true and correct and are
incorporated by r fer c in.
2. LEGAL DESC i the welling unit and its site plan
(the "Dwelling hibi is incorporated by reference
herein., j
3. TERM. The term Agreement is for 'le ger than a period of fifteen (15)
years commencing fro
th 1 ate 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 OWNER's monthly
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;
17
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9/23/2014 16.D.7.
OR: 3532 PG: 0806
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 $5,793.82,
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 OWNER until no later than the expiration of the TERM,
OWNER further covenants and agrees to comply with the affordable
housing impact fee deferral qualification criteria detailed in the Impact Fee
Ordinance duri Le Agreement.
5. SUBSEQUENT TRAVSPW, REPA
which is subjectb tl}d #ripaurke deferfal to a
Unit shall be
criteria set forth i I
the Dwelling U' he original OWN
deferred until saidNi ct fees are paid in
Impact Fee Ordinance '
OWNER sells the Dwelling Unit
purchaser, the Dwelling
ing the deferral qualifying
of sale or transfer by gift of
liable for the impact fees
the conditions set forth in the
6. AFFORDABLE REQUIREMM-lNT:'---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 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 released, the dollar amount of deferred impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Five Thousand Seven
Hundred Ninety -Three dollars and 82/100 ($5,793.82). 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
2
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9/23/2014 16.D.7.
OR: 3531 rG: au t
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, mortgagee, or other person, except that this lien shall be on
parity with any lien for County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements, including pa rred impact fees, the COUNTY shall, at
the expense of the , record an documentation evidencing such
payment, includi , b noHirrAted to a lease li .
9. BINDING E CT th land and be binding upon the
Parties to this ne t, e' i s cess rs iens
10. RECORDING. Agreement shall rec rd COUNTY at the expense of
COUNTY in the Records of Col i c , Florida, within sixty (60) days
after execution of thist�. anager.
E CIR
11. DEFAULT. OWNER shall be in t of this Agreement 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 within thirty
(30) days 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.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
A
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�R' • 35' 9/23/2014 16.D.7.
j4 rv. Vvvo
a. Should the OWNER of the property: (1) 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 deferred shall be paid in full by OWNER to the COUNTY within thirty
(30) days of written notification of said violation.
b. 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, the COUNTY may bring a civil action to enforce the
Agreement.
c. In addition, the y closed, or otherwise enforced by the
COUNTY, n or suit in la ity including the foreclosure of a
mortgage n e s 11 be entitled to recover all fees
and co S, , 1 int est at the statutory rate for
judgmei c la n fe ar d as' -u it paid.
r�
Ir
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OR: 3532 PG: 0809
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses:
Print Name Lam..,, 3 6'r eel
PR P
STATE OF
OWNER:
Jp fer Weir i
COUNTY OF
The foregoing Agreement me this a 9' `day of ►�f G,. L. ,
2004, by Jennifer Weir. # are person own to me or have provided
L7, , ,C: as identificati n.
[NOTARIAL SEAL] I S' re o P rs Acknowledgment
,•��u- Lauren J. Beard COLL k , FLORIDA
Commission #DD 159094
Expires: Oct 24, 2006 �1
.;; '• Bonded Tbru y
Atlantic Bonding Co., Inc. { I
V. MUDD, COUNTY MANA ER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this 3l day of 2M c,.cs, ,
2004, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to
me. Lauren J. Beard
Commission #DD 159084
[NOTARIAL SEAL] '=* Signature o n Taking Acknowledgment
Expires: Oct 24, 2006
+'� = Bonded 7b u
Approved as to form and
aaantic Bonding Co., In'. Recommend 4:(37 val
su ency:
—
Patrick G. White Denton Baker, Director of
Assistant County Attorney Financial Administration & Housing
4
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OR' 353 9/23/2014 16.D.7.
G cu. volt'
EXHIBIT "A"
LEGAL DESCRIPTION
Jennifer Weir
Unit 1013, Key Royal, a condominium, according to that certain Declaration
of Condominium recorded in O.R. Book 3514, Pages 1481 through 1630,
inclusive, of the Public Records of Collier County, Florida
EXHIBIT "B"
IM1PACTKXE9ZRt
Type of Impact Fee
A. EMS Impact Fee c -----t
B. Correctional Facil' 'es
C. Library Impact F
D. Parks Impact Fee:
E. Educational Facilitie s m Impact Fee
F. Road Impact Fee
G. Water Impact Fee
H. Sewer Impact Fee
TOTAL IMPACT FEES
PG W Forms &Agreements1AffHsgn / l 00% Deferral Agreement (081602 1012)
$93
14.001 �
1.00
$855.00
$1,055.00
$5,793.82
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* ** OR: 3532 PG: 0811 * **
Farm MAP.PLAT — TOTAL for WYrdm a Ipp*W s, A e by a Y mode, bo. — 14OULAME
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bd
r
r
• "� 11 r i
Farm MAP.PLAT — TOTAL for WYrdm a Ipp*W s, A e by a Y mode, bo. — 14OULAME
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Prepared by; Mandy Moody
Collier County
Housing, Human & Veterans Services Dept
3339 E. Tamiami Trail, Building H, #211
Naples, FL 34112
9/23/2014 16.D.7._
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 and holder of a certain Impact Fee
Agreement executed by Jennifer Weir to Collier County, recorded on 03/31104 in Official
Records Book 3532, Page 0804, of the Public Records of Collier County, Florida, in
consideration of $5,793.82, 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, 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 -
, 2014, Agenda Item Number
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF.COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
t�XN�r
vpgk
Tom Henning, Chairman
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9/23/2014 16.D.7.