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Agenda 02/26/2013 Item #16D 42/26/2013 16.D.4. EXECUTIVE SUMMARY Recommendation to approve one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit that has been repaid in full. OBJECTIVE: Approve one (1) release of lien. CONSIDERATIONS: Pursuant to the requirements established in Section 74 -401 of the Collier County Code of Ordinances, under article IV, Affordable Housing Impact Fee Deferral, the county shall defer the payment of the 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 that the County Manager may enter into an impact fee deferral agreement with the owner or applicant and is authorized to execute such deferral agreement. 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 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 releases of lien associated with this item. Name Property Address Payoff Official Records Public Amount Record Jeremiah L. Giles 4420 Botanical Place Circle $8,947.84 . OR Book: 4046, PG: 2632 #205, Naples, FL 34112 FISCAL IMPACT: A total of $8,947.84 has been repaid to Collier County. The funds have been deposited in the appropriate impact fee trust funds. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote. — JW STAFF RECOMMENDATION: Approve and authorize the Chairman to sign one (1) release of lien for deferral of 100 percent of Collier County impact fee for owner occupied affordable housing dwelling unit. PREPARED BY: Priscilla Doria, Grants Coordinator, Housing, Human and Veteran Services Packet Page -1674- 2/26/2013 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit that has been repaid in full. Meeting Date: 2/26/2013 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 1/18/2013 2:08:51 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Servi Name: DoriaPriscilla 1/18/2013 2:08:52 PM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 1/21/2013 3:33:41 PM Name: SonntagKristi Date: 1/22/2013 3:28:41 PM Name: LarsenKathleen Date: 1/22/2013 4:07:08 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 1/31/2013 8:43:55 AM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Packet Page -1675- Date: 2/5/2013 10:06:12 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 2/15/2013 11:30:52 AM Name: KlatzkowJeff Title: County Attorney Date: 2/15/2013 2:59:58 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 2/15/2013 6:22:08 PM Name: OchsLeo Title: County Manager Date: 2/16/2013 3:23:18 PM Packet Page -1676- 2/26/2013 16.D.4. Prepared by: Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 RELEASE OF LIEN 2/26/2013 16.D.4. THIS SPACE FOR RECORDING 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 Jeremiah L. Giles to Collier County, recorded on May 31, 2006 in Official Records Book 4046, Page 2632, of the Public Records of Collier County, Florida, in consideration of $8,947.84, 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: Unit 205, Building 9, Botanical Place, a Condominium, according to the declaration of Condominium thereof, recorded in Official Records Book 3933, Page 2655, of the Public Records of Collier County, Florida (4420 Botanical Place Circle #205, Naples, FL 34112). 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 - 2013, Agenda Item Number ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal sufficiency: i Jeff Et Wright Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Georgia A. Hiller, Esq., Chairwoman Packet Page -1677- 2/26/2013 16.D.4. C o. fie` - Public Services Division Housing, Human & Veteran Services September 17, 2012 To: Jeff E. Wright Assistant County Attorney Office of the Collier County Attorney From: Collier County Housing, Human and Veteran Services Department Priscilla Doria, Grants Coordinator Re: Jeremiah L. Giles 4420 Botanical Place Circle 4 205, Naples, FL 34112 Recorded on 05/31/2006, OR Book 4046, Page 2632. Dear Jeff- The payoff amount to satisfy the above mentioned property owner's lien with Collier County is: $8,947.84 Impact Fee Deferral $7,158,27 Interest $1,789.57 (Annual interest of 5 %, not to exceed 25 %) Amount Due $ 8,947.84 Payment should be made to "Collier County Board of County Commissioners" and delivered to: Collier County Government, Housing, Human and Veteran Services 3339 E. Tamiami Trail, Suite 211 Naples, FL 34112. Please include a separate check in the amount of $10.00 made payable to: Collier County Clerk of Court for the cost of recording. Thank you, Pw -;Oei Vag 239 -252- 5312 -Phone 239- 252 -6518 -Fax I l 111:1 l 1 ili It � �' S Sz l Iii 1ail;i 1 rail E:i 1. StOe :,I i • PdApl� FL ;),411;? riJt f - �Q L .:A1'tE 122': 2.'J 2r� .Hil19F +oi[3, raJ :' i E rt t.':.,:;j 141•2b2 R: 11f' �� a`!t(I J 252-Vc "T" {[t t$ ..:rt: t4 #Vr n .,� rus! ?hnrit�,u�i�t'ti; to Packet Page -1678- Attorneys Title Insurance Fund, Inc CO1.lier councv 2/26/2013 16. DA 4/2012012 INVOICE NUMBER 091912.46633 INVOICE DATE 9/19/2012 DESCRIPTION MSH /CL -46633 INVOICE AMOUNT $8,947.84 DISCOUNT $0.00 NET AMOUNT PAID $8,947.84 09191.2.46633 $8,947.84 $0.00 $8,947.84 Attorneys Title Insurance Fund, Inc 6545 Corporate Centre Blvd Suite 200 Orlando, FL 32822 Sun Trust bank Orlando, FL 32822 PAY Eight Thousand Nine Hundred Forty Seven Dollars and 84 Cents 10 114E Collier County ORDER Board or County Commissioners OF Collier County Government, Housing, Human & Veteran Services 3339 E_ Tamiami Trail Suite 211 Attorneys Title Insurance Fund, Inc Collier County 203114 DATE 9/20/2012 AMOUNT $8,947.84 **COPY ** 9/20/2012 203114 INVOICE NUMBER INVOICE DATE DESCRIPTION INVOICE AMOUNT DISCOUNT NET AMOUNT PAID 09191.2.46633 9/19/2012 MSH /CL -46633 $8,947.84 $0.00 $8,947.84 SEP 2 4 2012 HOUSING & HU AN SERVICES. FISCAL ECT10N $8,947.84 $0.00 $8,947.84 Attorneys Title Insurance Fund, Inc SunTrust Bank 203114 6545 Corporate Centre Blvd Orlando, FL 32822 Suite 200 Orland , FL 32822 DATE - 9/20/2012 AMOUNT $8,947.84 PAY Eight Thousand Nine Hundred Forty Seven Dollars and 84 Cents TO THE Collier County ORDER Board of County Commissioners OF Collier County Government, Housing, Human & Veteran Services 3339 E. Tamiami Trail Suite 211 // NaplesFL34112 Packet Page -1679- 2/26/2013 16.D.4. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date I Post Date I Payment Slip Nbr 1003210 1014/2012 1028:58 AM 10/4/2012 MS 249845 JEREMIAH L. GILES 4420 BOTANICAL PLACE #205 Payor : ATTORNEYS TITLE INSURANCE FUND INC Fee Information Fee Code I 09PDFM Descri tion PARKS DEFERRAL PAYOFF M/F GL Account 34611636332410331346 Amount $1122.38 Waived 09EDMF EMS DEFERRAL M/F PAYOFF 135014047032410331350 $93.00 09JDFM JAIL DEFERRAL PAYOFF M/F 38111043032410331381 $117.98 09LBDFM LIBRARY DEFERRAL PAYOFF M/F 35515619032410331355 $166.90 09DFM2 09GBDFM ROAD DEF PAYOFF M/F D2 GB DEFERRAL PAYOFF M1F 33316365332410331333 39012223132410331390 $2662.00 $159.01 09SDFM 08SBDM SEWER M/F DEFERRAL PAYOFF SCHOOL DEFERRAL PAYOFF M/F 00213877032410300000 _ 11300000020905000000 $2010.00 $1033.75 09EMINT EMS IMPACT FEE INTEREST 35098901036119099350 $23.25 09J-LINT JAIL IMPACT FEE INTEREST 38198901036119099381 $29.50 09LBINT LIBRARY IMPACT FEE INTEREST 35598901036119099355 $41.73 09PKINT PARK IMPACT FEE INTEREST 34698901036119099346 $280.59 09GBINT IG OVT BLDG IMPACT FEE INTEREST 39098901036119099390 $39.75 09R21NT ROAD D2 IMPACT FEE INTEREST 33398901036119099333 $665.50 09SWINT ACT FEE INTEREST 0029$9010361 19000000 $502.50 I tnnn a "7 �A i - Continued - Collier County Board of County Commissioners CD -Plus for Windows 95 1NT Packet Page -1680- i LJLCII L__ W---r - I Printed: 10/4/201210:29 :21 AM 2/26/2013 16.D.4. Official Receipt - Collier County Board of County Commissioners CDPR1103 -Official Receipt Trans Number Date I Post Date Pa me 1003210 J 10/4/2012 10:28:58 AM 10/4/2012 MS 24 Payments Payment Code Account/Check Number CHECK 12031114 Memo: Impact fee deferral payoff OR4046 PG2632, Total Cash 1. $0.00 Total Non -Cash $8947.84 Total Paid [� $8947.84 Cashier/location: EVELYNTRIMINO / 1 User: FLEISHMANPAULA Collier County Board of County Commissioners Printed: 10/412012 10:29:21 AM CD -Plus for Windows 95 1NT Packet Page -1681- a� ch kf' O CV °u ae e.a m , -D n V V VO O ru 0 C> V W � 6 O C W—%... V -Ys Ze 0 x 4 p d o a m s ZZ 2/26/2013 16.D.4. Return to Lauren Beard Collier County OSH 2800 N. Horseshoe Drive Naples, FL 34104 File# 06- 028 -IF 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 14 day of May, 2006, between Collier County, apolitical subdivision of the State of Florida (COUNTY) and Jeremiah L. Giles (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 dwelling , . tsAttached as Exhibit "A." 3. The term of this Agreement ig'iseldate set-&& ove until the impact fee is repaid. 4. The amount of the impacf fees deferred shall be pai o 6te COUNTY in full upon: a) the sale of the dwelling unfit b therdfnancing o �h dwelIipg'⁢ c) a loss of the homestead exemption; or d) the rst c t rr�nc��f j� e� of ((((((/JIer f any part of the affected real property, and in any s ptr, e ��lhfe t�Cd aC a l be paid in full to the COUNTY not later then the closi `4q the sale, or not late en /he ¢Qf �hve date of the transfer. As set forth in Exhibit "B," the � ohmt of the defcfh?d4rh/,pdgf fees is Seven Thousand, One Hundred Fifty -Eieht dollars vrst� f "27f�1fi0 ($7.158.� repayment shall include any accrued interest. Interest shall be compf J 'f five percent (5°l0) 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 fast 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 -1682- 0 OR. 4046 PG: „2/26/2013 16.D.4. 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. W'tnesses: Print Name ItrA L. fo aoU STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was ac Jeremiah L. Giles, who are personally ): identification �I [NOTARIAL SEAL] chrru � aomo EVires Am N, am `'ceb urns `^\ My Comer COLLIER before me this 14 day of May, 2006, by ;gr,- produced as Xr;"I -, J V. t U D, COUNTY AGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this 304 day of May, 2006, by James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me. [NOTARIAL SEAL] r,{ (Signature of Not ublic) `'":•; =Comm sr'O ADDS 04 o� Expires: Oct 24, 2006 (Print Name of Notary Public) Bonded r7„ Atlantic Bonding Co., in, Commission Number: My Commission Expires: form and Rec Immend approval: kow Denton Baker, Director of y Attorney Operational Support & Housing Packet Page -1683- El OR; 4046 PG: i 2/26/2013 16.D.4. EXHIBIT "A" LEGAL DESCRIPTION UNIT 205, BUILDING 9, BOTANICAL PLACE, A CONDOMINIUM, 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 i 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 Facilities System Imp G. Road Impact Fee 0 Ji H. Government Building) �Im i a 1. Sewer Impact Fee j IAK Appmod _ / —I TOT PACT FEES Gt, j� 1I- � Packet Page -1684- Amount Owed $93.00 $117.98 $166.90 $561.70 $560.68 $827.00 $2,662.00 $159.01 $2,010.00 57,158.27