Agenda 06/25/2013 Item #16F5n EXECUTIVE SUMMARy
6/25/2013 16. F.5.
Recommendation to approve a Release of Lien for Jasmine Cay Associates Ltd. for the
Jasmine Cay Apartments, due to the impact fees being paid in full in accordance with the
terms of the 1994 Deferral Agreement and the Multi- family Rental Impact Fee Deferral
Program, as set forth by Section 74401(e) and 74- 401(g) (5) of the Collier County Code of
Laws and Ordinances.
OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes the
Chairman to sign a Release of Lien for Jasmine Cay Associates Ltd. for the Jasmine Cay
Apartments due to the impact fees being paid in full in accordance with the terms of the 1994
Deferral Agreement and the Multi - family Rental Impact Fee Deferral Program, as set forth by
Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances (Code).
CONSIDERATIONS: The Multi - family Rental Impact Fee Deferral Program was originally
adopted by the Board on December 12, 1992. As written, the Program currently provides a
deferral of impact fees for a period of ten years for qualified affordable rental projects. This
timeframe has previously been extended from a six year term to six years and nine months to the
current term of ten years. The program is limited to very low or low income households. The
unit must be the household's permanent residence and the head of household must be a legal
resident or citizen of the United States. Rental limits may not exceed the rental limits established
by Florida Housing Finance Corporation. The program is limited to 225 units per year, including
any qualifying Community Workforce Housing Innovation Pilot Program (CWHIP) units.
On November 22, 1994, a Deferral Agreement, in the amount of $156,257.96 was executed
between Collier County (County) and Jasmine Cay Associates, Ltd. (Owner), for the Jasmine
Cay Apartments, for a term of six years. The deferral agreement stood in lieu of the impact fees
otherwise due for the subject construction of 73 affordable rental dwelling units.
In accordance with the 6 -year term of the Deferral Agreement, Jasmine Cay Associates, Inc.
submitted payment of the impact fees ($156,257.96) on January 12, 2001, thereby paying the
fees in full. It is unknown why a Release of Lien was not approved and recorded at that time. In
accordance with Section 74- 401(g) (5) of the Code, staff and the County Attorney have prepared
a Release of Lien for approval by the Board and signature by the Chairman. The document will
then be recorded in the public records of Collier County.
FISCAL IMPACT: Impact Fees were paid and deposited in the respective Impact Fee Trust
Funds in the following amounts, as confirmed with the staff of the Clerk of the Circuit Courts -
Accounting:
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6/25/2013 16. F.5.
Impact Fee
Amount
EMS
$146.00
Library
13,177.96
Parks
13,067.00
Road (District 3 )
69,496.00
School
60,371.00
TOTAL
$156,257.96
Upon payment, such funds became available to provide funding for growth- related capital
improvements.
GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element
(CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will
bear a proportionate cost of facility improvements necessitated by growth."
Additionally, Policy 1.4 of the Housing Element of the Collier County Growth Management Plan
states: "Collier County shall seek to distribute affordable- workforce housing equitably
throughout the county where adequate in and services are available. Programs and
strategies to encourage affordable - workforce housing development may include, but are not
limited to, density by right within the Immokalee Urban area and other density bonus provisions,
impact fee deferrals, expedited permitting (fast tracking), public private partnerships, providing
technical assistance and intergovernmental coordination. "
Impact Fees generate funds to be expended for capital improvements to public facilities
necessitated by growth. The deferral of impact fees for the subject property for the initial 6 year
term (or other. specified term) was consistent with the Growth Management Plan and the impact
fee regulations in place at the time of execution of the Agreement.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The
obligation was satisfied years ago. The County is being asked to formally release the lien in
order to clean up the title of this property. The Satisfaction of Lien is approved as to form and
legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves and authorizes
the Chairman to sign a Release of Lien for Jasmine Cay Associates Ltd. for the Jasmine Cay
Apartments due to the impact fees being paid in full in accordance with the terms of the 1994
Deferral Agreement and the Multi - family Rental Impact Fee Deferral Program, as set forth by
Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances.
Prepared by: Amy Patterson, Impact Fee Manager
Office of Management and Budget
Attachments: 1) Proposed Release of Lien; 2) Deferral Agreement
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6/25/2013 16.F.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.F.16.F.5.
Item Summary: Recommendation to approve a Release of Lien for Jasmine Cay Associates
Ltd. for the Jasmine Cay Apartments, due to the impact fees being paid in full in accordance
with the terms of the 1994 Deferral Agreement and the Multi- family Rental Impact Fee Deferral
Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws
and Ordinances.
Meeting Date: 6/25/2013
Prepared By
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
6/13/2013 3:13:54 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney
Date: 6/17/2013 8:23:59 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 6/17/2013 10:27:59 AM
Name: OchsLeo
Title: County Manager
Date: 6/17/2013 12:23:40 PM
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This instrument prepared by:
Amy Patterson
Collier County Growth Management Division
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252 -5721
RELEASE OF LIEN
6/25/2013 16. F.5.
KNOWN ALL MEN BY THESE PRESENTS: That Collier County, whose post office address
is 3301 East Tamiami Trail, Naples, Florida, 34112, the owner(s) and holder(s) of a certain
Impact Fee Agreement executed by Jasmine Cay Associates, Ltd. to Collier County, executed
on November 22, 1994, and recorded on January 18, 1995, in Official Records Book 2021,
Page 1833 of the Public Records of Collier County, Florida, hereby does release from lien
the real property described in Exhibit "A" (attached).
The undersigned is authorized to and does hereby release this lien as to the whole of the above -
described real property and consents to this lien being discharged of record.
Dated this day of
ATTEST:
DWIGHT E. BROCK, Clerk
LIM
2013.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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V. .
6/25/2013 16.F.5.
EXHIBIT a
��►N1'� DS:SCR =�Tx4N
Lots 11 and 120 SVASOAttD DOWNTOWN SUDDXVXSIOl:, according
to the plat thereof as recorded in Plat nook 13, pugea 61
and 62, public Records of Collier county, Florida) and
A parcel of land in the Northwest 1/4 of section 3.,
Township ao 6outh, Range ZS Nast, in 214ples, Collier
County, Florida, the described lands being in an
undivided part of the Seaboar4 Re -Plat (so-called) recorded in plat Book 1 as
, Aage 59, Publid Records as
Collier County, Florida, and being specifically described of
as follows:
From the point of intersection of an Easterly
prolongation of the South line of an East -West alley, as
indicated in Martial aleck 94, Tier 12 of tho said plat
of record, with the Easterly line or a 6o root right-of-
way of the Atlantic Coast Line spur lino, run
southwesterly aloe said Egstarly right -of -way lira
for 304.61 Zest t WY the point of beginning.
Trom the
' ad poin-1
Southwest*
o southeas
festi the ca
trom
74.10120" r
er
tho Dort er
o
Lino Wye r
1 e
right -of w
i
left) to C�
the afor d
East right
track; th
run ?torthea
of -way lin
r 575 faet, I
beginninfj,
ininq 2.73
aginning 'defleot frog►
02042120011 run 29190
ut ea terly to Southerly
23s t t, more or less, to
o the Atlantic Coast
s st rly on the Northerly
y rook (being a curve
an intersection with
Y , o of the depot spur
Y the said East sight-
less, to the point of
tore or less: and
A strip, belt �r r d twanty (2b) teat Vida
extending acroes Hated +�ttaples, Seaboard and
Cult Railway Co.0 on tat of Replat Part of lraples
recorded in Plat book If page $9, Collier County Records,
the center line of Which is defined as follows, to wit:
Be9inninq at the intersection of the east ight of way
lino of Dopot Track of Atlantic Coast Line .R• with the
south lino of Second Avenue ?forth produced, thence
easterly on such produced lino to a point en (10) feet
distant at right angles from the northerly right of way
line of Wye track of said 'railroads thole 'o in ge »oral
easterly direction parallel to and ton (io)`feet distant
from said northerly right of way line to t}* west right
Of way line of the Nain Track of said railroad,
containinq 0•Z? of an acre, more or less.
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