Agenda 10/28/2014 Item #16D 510/28/2014 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a release of lien for Countywide
impact fee deferral.
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 a 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.
The payoff amount should have been $8,712.69 ($6,970.16 plus $1,742.53 interest). Instead, $8,758.66
was collected and resulted in an overpayment of $45.97. The overpayment was used for the $10.00
recording fees and the remaining $35.97 was refunded to the customer. The error occurred because the
interest was incorrectly calculated at more than the maximum allowable amount.
Name
Property Address
Payoff
Official Records Public
Type
Sophia Fernandez
Amount
Record
Sophia Fernandez
4420 Botanical Place, Unit 104
$8,712.69
OR Book: 4178, PG: 0919
Naples, Fl 34112
FISCAL IMPACT: Collier County impact fee deferral funds in the amount of $8,712.69 have been
repaid and have been deposited to the individual impact fee trust funds as required.
Property Owner
Impact Fee
Assessed
Interest
Total Deferral
Type
Sophia Fernandez
$6,970.16
$12742.53
$8,712.69
Countywide
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: Approve and authorize the Chairman to sign a release of lien for
deferral of 100 percent of Collier County impact fee for owner occupied affordable housing dwelling unit.
Prepared Bv: Mandy Moody, Grant Support Specialist, Community and Human Services
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10/28/2014 16.D.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.5.
Item Summary: Recommendation to approve and authorize the Chairman to sign a
release of lien for Countywide impact fee deferral.
Meeting Date: 10/28/2014
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist, Housing, Human & Veteran Services
10/1/2014 9:13:22 AM
Submitted by
Title: Grants Support Specialist, Housing, Human & Veteran Services
Name: MoodyMandy
10/1/2014 9:13:23 AM
Approved By
Name: GrantKimberley
Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services
Date: 10/6/2014 12:48:05 PM
Name: McKuenElly
Title: Grants Coordinator, Housing, Human & Veteran Services
Date: 10/10/2014 2:31:59 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 10/10/2014 2:42:56 PM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Community & Human Services
Date: 10/14/2014 8:41:32 AM
Name: PattersonAmy
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Title: Manager - Impact Fees & EDC, Business Management & Budget Office
Date: 10/15/2014 11:05:04 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/15/2014 2:01:08 PM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 10/15/2014 3:07:50 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 10/20/2014 2:35:24 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 10/22/2014 9:58:24 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/22/2014 12:58:24 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 10/22/2014 1:52:46 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 10/22/2014 2:39:40 PM
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10/28/2014 16.D.5.
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10/28/2014 16. D
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Collie. Board
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File# 07- 035-IF
This "ce 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 /6 day of January, 2007, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Sophia Fernandez (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 dwel ' ihd\ Exhibit "A."
"I _U
3. The tern of this Agreementys ate s move until the impact fee is repaid.
4. The amount of the impaci eel deferred shall be paW o the COUNTY in full upon: a) the
sale of the dwelling unit; th �a�nan' o dwel 'rag ; 't; c) a loss of the homestead
exemption; or d) the r er pf any part of the affected real
! I{ l !
property, and in any s4 eh, e-- act �" sli�l.'be paid in full to the COUNTY
not later then the clost��-afdhe sale, or not laterien 1heetive date of the transfer. As set
\`* o 't is 'x Thousand. Nine Hundred
forth m Exhibit `B," the aStYe t of the deferred u� � s St d.
Seventy dollars and 16/10b 'shall include any accrued interest.
Interest shall be computed at the t (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
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Page 1 of 2
10/28/2014 16.D.5.
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.
4. 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.
Witnesses:
OWNER:
Sophia Fernandez
Print Name_ 1` oii-Cl VUA,n
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreeme�' was/,ackne�uledged before
Sophia Fernandez, who is pefson�llyo t me r� prod
identification
[NOTARIAL SEAL]
1 w CommWeion DON
E*NW Jane 14.2=
1
(Font Name
j 0 day of January, 2007, by
as
L— uv'--'c a
Public)
� sign Expires:
COLLIER COUNTY, FLORIDA
By: r•
MMIES V. MUDD, COUNTY MANAGER
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this 30�- day of January, 2007, by
James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me.
[NOTARIAL SEAL] - L�2�
(Signature�of Notary )lic) `
(Print Name of Notary Public)
Commission Number.
My Commission Expires:
AWov and Re mmend appro ,/D leJe Denton Baker, Director of
Arney Operational Support & Housing
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* J{ 10/28/2014 16.D.5.
EXHIBIT "A"
LEGAL DESCRIPTION
UNIT 104, BUILDING 9, BOTANICAL PLACE, A CONDONIINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF
RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. Correctional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regional Parks Impact Fee
F. Educational ]
G. Road Impact
H. Government
I. Sewer Impac
JAK Approved —/—/—
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Amoaat Owed
$93.00
$117.98
$135.68
$498.15
$497.13
$827.00
$2,662.00
$129.22
$2,010.00
$6,970.16
10/28/2014 16.D.5.
Prepared by: Mandy Moody
Collier County
Community and Human 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 Lien
Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable
Housing Dwelling Units (the "Impact Fee Lien ") executed by Sophia Fernandez to Collier
County, recorded on February 2, 2007 in Official Records Book 4178, Page 0919, of the Public
Records of Collier County, Florida, in consideration of $8,712.69, 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:
Unit 104, Building 9, Botanical Place, A Condominium, according to the declaration of
condominium thereof recorded in the official records Book 3933, Page 2655, 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.
Dated this day of , 2014.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legality:
Jennifer A. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
\d
TOM HENNING, CHAIRMAN
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10/28/2014 16.D.5.
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, Ft 34104
239 -252 -2400
RECEIPT OF PAYMENT
Receipt Number: 2014196542
Transaction Number: 2014 - 043660
Date Paid: 09/05/2014
Amount Due: $8,722.69
Payment Details: Payment Method Amount Paid Check Number
Check $8,758.66 7026646972
Amount Paid: $8,758.66
Change / Overage: $35.97
Contact: Wells Fargo Home Mortgage
PO BOX 10335
Des Moines, IA 503060335
FEE DETAILS:
Fee Description Reference Number Original
Ems.
Deferral M/F Community Park MS20140010433 $498.15
Deferral M/F Regional Park MS20140010433
Deferral M/F EMS Payoff MS20140010433
Deferral M/F ]AIL Payoff MS20140010433
Deferral M/F LIBRARY
MS20140010433
Payoff
$93.00 350 - 140470 - 324103 - 31350.1
Deferral M/F ROAD Payoff
MS20140010433
D2
$135.68 355 - 156190 - 324103 - 31355.1
Deferral M/F SCHOOL
MS20140010433
Payoff
355 - 989010 - 361190 - 99355.1
Deferral M/F GOVr BLDG
MS20140010433
Payoff
$32.31
Deferral M/F SEWER
MS20140010433
Payoff
$502.50
Interest PARKS
MS20140010433
Interest EMS
MS20140010433
Interest JAIL
MS20140010433
Interest LIBRARY
MS20140010433
Interest ROAD D2
MS20140010433
Interest GOVT BLDG
MS20140010433
Interest SEWER
MS20140010433
Impact Fee Miscellaneous
MS20140010433
fee
Cashier Name: LeaDerence
Batch Number: 3974
Entered By: fleishmanpaula
Amount GL Account
Paid
$498.15 346 - 156410- 324103 - 31346.1
$497.13
$497.13 346 - 156405 - 324103 - 31346.1
$93.00
$93.00 350 - 140470 - 324103 - 31350.1
$117.98
$117.98 381 - 110430- 324103 - 31381.1
$135.68
$135.68 355 - 156190 - 324103 - 31355.1
$2,662.00
$2,662.00 333 - 163653- 324103 - 31333.1
$1,033.75
$1,033.75 113 - 000000 - 209050
$129.22
$129.22 390 - 122231- 324103 - 31390.1
$2,010.00
$2,010.00 002 - 138770 - 324103
$248.77
$248.77
346 - 989010- 361190 - 99346.1
$23.25
$23.25
350 - 989010 - 361190 - 99350.1
$29.50
$29.50
381 - 989010 - 361190 - 99381.1
$33.92
$33.92
355 - 989010 - 361190 - 99355.1
$665.53
$665.53
333 - 989010- 361190 - 99333.1
$32.31
$32.31
390 - 989010- 361190 - 99390.1
$502.50
$502.50
413 - 989010 - 361190- 99413.1
$10.00
$10.00
107 - 138920 - 341890
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