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Agenda 03/27/2012 Item #16D 23/27/2012 Item 16.D.2. EXECUTIVE SUMMARY Recommendation to approve two (2) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units that have been repaid in full. OBJECTIVE: Approve two (2) releases 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 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 two (2) residential dwelling units 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 liens associated with these items. Name Property Address Payoff Public Record Amount Jairde J. Toro Gomez and 9047 Gervais Circle, $22,924.92 OR Book: 4369, PG: Elizabeth Diaz De Toro #1610 1378 Anthony McClain and 13606 Legacy Lane $16,626.69 OR Book: 4282, PG: An eli ue McClain 2530 FISCAL IMPACT: A total of $39,551.61 has been repaid to Collier County. The funds have been deposited in the appropriate impact fee trust funds. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. —JW STAFF RECOMMENDATION: Approve and authorize the Chairman to sign two (2) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units. PREPARED BY: Kimberley Grant, Interim Director, Housing, Human and Veteran Services Packet Page -1005- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.2. 3/27/2012 Item 16.D.2. Item Summary: Recommendation to approve two (2) releases of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units that have been repaid in full. Meeting Date: 3/27/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 2/15/2012 3:39:24 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Servi Name: DoriaPriscilla 2/15/2012 3:39:25 PM Approved By Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 2/16/2012 11:35:11 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 2/22/2012 11:07:55 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 3/6/2012 11:04:32 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 3/13/2012 10:39:00 AM Packet Page -1006- 3/27/2012 Item 16.D.2. Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 3/14/2012 1:41:06 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 3/15/2012 4:01:06 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 3/16/2012 1:06:50 PM Name: KlatzkowJeff Title: County Attorney Date: 3/16/2012 3:14:35 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 3/16/2012 4:22:30 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 3/19/2012 10:32:14 AM Packet Page -1007- Prepared by: Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, 4211 Naples. FL 34112 RELEASE OF LIEN 3/27/2012 Item 16.D.2. T141S 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 Anthony McClain and Angelique McClain to Collier County, recorded on September 17, 2007 in Official RecordssBook 4282, Page 2530, of the Public Records of Collier County, Florida, hereby 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 201, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida (13606 Legacy Lane, Naples, FL 34114). 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. Dated this day of 2012. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: It Jeff E. W� fight Assistaa County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 FRED W. COYLE, CHAIRMAN Packet Page -1008- 3/27/2012 Item 16.D.2. Prepared by: Collier County Housing„ Human & Veterans 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,;Ylorida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement executed by Jairde Jesus Toro Gomez and Elizabeth Diaz De Toro to Collier County, recorded on June 11, 2008 in Official Records Book 4369, Page 1378, of the Public Records of Collier County, Florida, hereby 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 1610, Vista III at Heritage Bay, a Condominium, pursuant to Declaration of Condominium, recorded in Official Records Book 4322, Page 3638, of the Public Records of Collier County, Florida (9047 Gervais Circle, Unit 1610, Naples, FL 34120). 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. Dated this day of , 2012. ATTEST: DWIGHT E. BROCK, 'Clerk By: Deputy Clerk Approved as to form and legal ciency: Jeff E. right AsA ntt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA i FRED W. COYLE, CHAIRMAN Packet Page -1009- 3/27/2012 Item 16.D.2. - Official Receipt - Collier County Board of County Commissioners CDPRI 103 - Official Receipt Number PM 12/1 JARDE GOMEZ AND ELIZABETH DIAZ DE TORO 9047 GERVAIS CIRCLE, #1810 Payor: JARE GOMEZ & ELIZABETH DIAZ DE TOR Fee Information Fee Code Description GL Account Amount Waived 1 09EDMF EMS DEFERRAL M/F PAYOFF 35014047032410331350 109PDFM PARKS DEFERRAL PAYOFF M/F 34611636332410331346 $2409.00 09JDFM JAIL DEFERRAL PAYOFF M/F 38111043032410331381 $79.25 09LBDFM LIBRARY DEFERRAL PAYOFF M/F 35515619032410331355 $368.18- 09DFM6 ROAD DEF PAYOFF M/F D6 33816365832410331338 -$8059.00 08SBDM SCHOOL:DEFERRAL PAYOFF M/F 11300000020905000000 $3383.83 09GBDFM GB DEFERRAL PAYOFF WF 39012223132410331390 09LWDFM LAW DEFERRAL PAYOFF M/F 38511043332410331385 —14-1000 $171,61 09WDFM WATER M/F DEFERRAL PAYOFF 00213877032410300000 $3415.00 09SDFM SEWER M/F DEFERRAL PAYOFF 00213877032410300000 13511500' 09EMINT EMS IMPACT FEE INTEREST 35036119098901099350 $18.34 09PKJNT PARK IMPACT FEE INTEREST 34636119098901099346 $43923 I 09JLINT JAIL IMPACT FEE INTEREST 38136119098901099381 $14.45 09LBINT LIBRARYJMPACT FEE INTEREST 35536119098901099355 '$67.13 09R61NT ROAD D6 IMPACT FEE INTEREST 1 33836119098901099338 $1104.73 09GBINT 'GOVT BLDG IMPACT FEE INTEREST 139036119098901099390 • $74.75 09LVVINT LAW ENF IMPACT FEE INTEREST 385M 1 19098901099385 09WTINT WATER IMPACT FEE INTEREST j 00236119098901000000 09SWINT SEWER IMPACT FEE INTEREST 100236119098901000000 1 $64D.89, Collier County Board of County Commissioners CD-Plus for Windows 95INT - Continued - Packet Page -1010- I otal f $ZZUZ-4.VZ I Printed:! /3112012 3:47:14 PM 3/27/2012 Item 16.D.2. Official Receipt - Collier County Board of County Commissioners ,I CDPR11 03 - Official Receipt Payments Memo: Impact fee deferral payoff OR4369 PG1378 Collier County Board of County Commissioners CD -Plus for Windows 951NT Total Cash Total Non -Cash Total Paid $QO© 122924:92 ��22J24.92 Cashier /location: KATHLEENVANSICK / 1 User, . FLEISHMANPAULA Packet Page -1011- Printed: 1/31/2012 3:47:14 PM FIFTH THIRD BANK Madisonville Operations Center Mail Drop iMOC2N Cincinnati, OH 45263 -5300 Phone! {800) 872 -3030 �� 000065 rl���t�l�il' �' IIrU�I�I�„ �I�Irtrl �Elrl'ilflll�i�l'III����l��ll�t COLLIER CO.BOARD OF CO.COMMISSI 3338 TAMIAM11 TRL E.,SLD H,SUITE 211 NAPLES, FL 34112. -5361 TELLER 17561 ACCT NO NAME 405299561 t1AIR D TORO GOMEZ DESCRIPTION LIEN 3/27/2012 Item 16.D.2. FIFTH THIRD BANK AMOUNT 2924.92 30123764 01/18/12 J 405299561 COLLIER CO BOARD OF CO COMMISSI ! * * * * * ** *2,924.92 • «.� ,v can+n +✓v4VMCi \1� % YAWM NU AREA ChAMGESCDLOR xGRADUALI.YFR U-TMP'fTYnn1TOM. - 7- r,- -+r-^- -,tea.. Packet Page -1012- -- FIFTH THIRD BANK Macfisonvifjc .Operations Center Mail Drop IMOC2N Cincinnati, OH 45263-5300 Phone- (800) 572-3030 000053 COLLIER CO.BOARD OF CD.COMMISSI 3339 TAMIAMI TRL E.,ELD H,SUITE 211 NAPLES, FL 34112-5361 TELLER 17551 ACCT NO NAME DESCRIPTION 405299561 JAIR D TORO GOMEZ LIEN 01/1 ER CO-BOARD OF 3/27/2012 Item 16.D.2. FIFTH THIRD BANK AMOUNT 10000.00 *******10 K• 7 -4 "7 4" V -01 7VT 7 4 7/7owrs, 01 J PAY j=LL'V'ER 'CIDAIDARD OF 'CO. COMMISSI 3339 AMIAMI-'TRL -E- ,ELD H, SUITE 211. 405299561, NAP FL -5361 34112 DRAWN ON. FIFTH THIRD BANK, KENT6CKY LEXINGTON, KENTUCKY 100*4 ;,0 'HORIZ SIGN L Packet Page -1013-, FIFTH THIRD BANK 3/27/2012 Item 16. D.2. .Madisonville OPerations Center Mani Drop 1MOC2N FIFTH THIRD BANK Cincinnati, ON 45253 -5300 Phone: (800) 972 -3030 000054 #lllt�lltl�'!" III# II��'l ltt�ll l�tt lt#I11'!!#Jlltlll'Illll "ll'II" COLLIER GO.BOARD OF CO.COMMISSI 3339 TAMIAMI TRL E.,BLD H,SUITE 211 NAPLES, FL 34112 -5361 TELLER 17561 ACCT NO )NAME ! DESCRTPTION AMOUNT 405299561 JAIR O TORO GOMEZ LIEN 10000.00 CHECK NtiN+p£P CHECK ESSS61 UM S£I1 Tt)7{�( A30123763 01/18/12 2 COLLIER CO.BOARD OF CO.COMMISSI * * **** *10,000,00 4ECiiHnl DOCUMENT_CifECKBACKGFiOLINQAREA CHANGES CQ3R�A0�"hfpplROpM _ 'c ,' f - ».� - 3/27/2012 Item 16.D.2. 4177440 OR: 4369 PG: 1378 "Cow in arran news of MIMI coom. ti ttermtirn 06111/2008 at 02:53P1 01I2T 1. Mel, CIIRt FnwhRomw, .Ile 211 Ir.aO iCr.n d 1 leA; COfIRS 3.60 AOW „4k16 HWir J4I12 CEEB To TU BDIRO IITIRoltIel 4T1 MCI File# 0$ -1804F BIT 1240 Tun mace for "-*W LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPAC -' FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this I Qqy of June, 2408, between Collier County, a Political subdivision of the State of Florida (COUNTY) and "Jab* Jesus Toro Gory and Elizabeth Diaz de Toro” (OWNER), colitctively stated as the "Parties." NOW, THEREFORE, for good and valuable considetation, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of laws and Ordinances of Collier County, Florida, blown as "The Collier County Consolidated Impact Fee Ordinance" (Ordinenca). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwell' 3. The term of this Agreement G 4. The amount of the ct sale ofthe dwelling t; exemption; or d) the f property, and in any su t the ripfir d not later then the closing)�*kl�e, or not later forth ink Exhibit "B;" the kPd as Exhibit "A." 7770 until the impact fee is repaid. *di COUNTY in full upon: a) the t; c) a loss of the homestead jj f any part of the af%cted real be paid in full to the COUNTY e ' ective date of the transfer. As set �1 fees is Momck TiRWO UM -389.63). Repayment shall include any accrued'intwcst. htterest shall be computed at the rate of 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 stall be a lien on the property described in Exhibit `A," which lien may be tf'oreclosed upon in the event of non- oompliancc with the Ordinance or with this Agreement This Agreement shall operate as a lien against the dwelling urtit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County"-The ddezrals of impact fees and this Agreement shall runt with the land, and neither the deferred impact fits nor this Agreemenn shall be L transferred, assigned, or otherwise conveyed- Except as Provided by law, regardless of any foreclosure on the first mortgage or Other sem* irrterest, this litm 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 Packet Page -1015- 3/27/2012 Item 16.D.2. OR; 4369 PG: 1379 may, at its sale 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 then in> default and immediately due and payable. The COUNTY shall be entitled to recover all feest 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. S. 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 WnWESS WHEREOF, the Parties have executed this Agreement on the date and year first above written.'' Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK,CIeit COLLIERC TY, RIDA, - $y: a to CMt"M r Cl C � X OU H.ENNING, CHAT ig tnaEurt one C � �^\ Print Name L15 a u• C.a._ Ir � ��� 4�t ��g5eth Diaz de Toro STATE of FIRIDA) COUNTY OF COLLIER) Mtd '� � foregoing Agreement was acknowledged before me this day of Z(J4 by (& J IbCO �M t,,,*js personally known to me or has produced as proof of identity. . am N. CA I 2�1 rra, i oo ors Signature of Person Taking Aoluww gmern Approved as and legal suf, alrlletl+r— Ae.%z V AV+A - 4t ef-AssistatiMovnty Attorney Recommend Approval: Mmicy Krumbire, A Director Collier County Housing and Human Services Packet Page -1016- 3/27/2012 Item 16.D.2. OR; 4369 PG: 1380 111 EXHIBIT °A" LEGAL DESCRI]MON Unit 1610, Vista III at I?Ie dbV Bay, a Condominium pursuant to Declaration of Condominium Recorded m OR Book 4322, Page 3638 9047 Gervais Circle #1810, Naples, Florida 34120 EXHIBIT °B" IMPACT FEE BREAKDOWN Type of impact Fey A. EMS 1114300 Fee B. Corromonal Facilities Impact Fee C. Ia "bra y Impact I= D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities S Aeco w G. Road Impact Fee G H. Governmerzt Buildin I I. Law Enforcement I (� I. wateesystem Impac �vf K. SewetSystem Impact TOTAL IMPACT FEES CY t"A Packet Page -1017- Amount Oared 5100.59 $79.25 5368.18 5750.00 $1,659.00 $2.862.00 56,059.00 $410.00 $171.61 $3,415.00 $3,515.00, 519,9.63 3/27/2012 Item 16.D.2. C:; - -� � .t Pubic Services Division Housing, Human & Veteran Services lanuary 12, 2012 To: Sonja McElreath, Legal Assistant Law Offices of Daniel C. Consuegra, P.L. 9204 King Palm Drive Tampa, FL 33619 From: Collier County. Housing, Human and Veteran Services Department Priscilla Dorla- SHIP Loan Processor Re: Jairde Jesus Toro Gomez and Elizabeth Diaz De Toro File# 08- 280 -IF 9047 Gervals Circle, Unit #1610 Naples, FL 34120 Recorded on 06/11/2008, OR Book 4369, Page 1378. The payoff amount to satisfy the above mentioned property owner's lien with Collier County is: S,Z2.92 , , good thru 1/31/2012. This lien was subject to an interest rate of 5% per annum, but not to exceed 25% of the total fee amount. The per diem is fib per day, Impact Fee Line payoff interest $ 19,389.63 13,53129 $ 22,924.92 Payment should be made to "Collier County Bgjrd of County Corrlmissianers" and delivered to: Collier County Housing, Human and Veteran Services 3339 Tamiami Trail E, Bid H, Suite 211, Naples, FL 34112 If you wish to have us record the satisfaction, please include a ,separate check in the amount f S10.t10 made payable to: Culler County Clerk of Court. Thank you, Priscilla Doria, Wan Processor (239) 252 - 5312- phone (239) 252 - 6518 -efax Housing, flumalx anci Veteran, ervices a co+� cosr� 3301 East Tarniaml Trail - Heab Suiid m • Naples, R. 34112 239 - 252 -CARE (2273) • 239 252-HOME-(4663) • 239. 252 -CAFE (2233) • 239-252 -RSVP' (7787) - 239 -252 -VETS (8367) - www oWIi,3 povf*Vhun e Packet Page -1018- 3/27/2012 Item 16.D.2. PAYOFF AMOUNT" CALCULATIONS Pay off amount good thru: 924.92 Packet Page - 1019 - � "tt; Annual interest of 5%, not t0 exceed ,. s; 25 9b Total Lien Agreement $19,389.63 Date of Agreement: June 10, 2008 5% $969:48 Per diem rate $2.66 Year 1 6/10/08 - 6/09/09 365 days @ $2.66 daily per diem rate $969,48 Year 2 6/10/09 - 6/09/10 365 days @ $2.66 daily per diem rate $969.48 Year 3 6/10/10- 6/09111 365 days @ $2.66 daily per diem rate $969.48 Year 4 6/10/11 - 1/31/12 236 days @ $2.66 daily per diem rate I $626.84 Year 5 0 days @ $2.66 daily per diem rate $0.00 Total accrued interest $3,535.29 Pay off amount good thru: 924.92 Packet Page - 1019 - 3/27/2012 Item 16.D.2. Official Receipt- Collier County Board of County Commissioners CDPR1 103 - Official Receipt Number 1998422 ;2/7120124:32:51 PIVI 1218/2012 . I IVIS 245945 ANTHONY AND ANGELIQUE MCCLAIN 13606 LEGACY LANE Payor: HABITAT FOR HUMANITY OF COLLIER COUNTY INC Fee Information Fee Code Description GL Account Amount Waived 09PDFM PARKS DEFERRAL PAYOFF M/F 34611636332410331346 $2409.00 09PKINT PARK IMPACT FEE INTEREST $532.51 09EDMF 1 EMS DEFERRAL M/F PAYOFF 135014047032410331350 $100.59 09EMINT I EMS IMPACTFEE INTEREST 135098901036119099350 $22.24 09LBDFM LIBRARY DEFERRAL PAYOFF M/F 35515619032410331355 ;$368.,18 09LBINT LIBRARY IMPACT FEE INTEREST 35598901036119099355 i $81.40 09DFM4 ROAD DEF PAYOFF M/F D4 33616365632410331336 $3731.00: 09R41NT ROAD D4 IMPACT FEE INTEREST 3369890I036119099336 $824.91 08SBDM SCHOOL DEFERRAL PAYOFF M/F 11300000020905000000 j $10,09.85 I 09GBDFM I GB DEFERRAL PAYOFF M/F 39012223132410331390 $150.241 09GBINT INTEREST, 39098901036119099390 $33.22 09WDFM 1 WATER MIF DEFERRAL PAYOFF 100213877032410300000 $2760.00 1 09WTINT WATER IMPACTFEE INTEREST 002989011036119000000 $611.0.23 09SDFM SEWER M/F DEFERRAL PAYOFF 00213877032410300000 $3125.00 09SWNT SEWER IMPACT FEE INTEREST 00298901036119000000 $690.93: 0 'DFM 9LVv LAW DEFERRAL PAYOFF M/F 38511043332410331385 �' ;$83 05 09LWINT LAW ENF IMPACT FEE INTEREST 1'38598901036119099385 I $1836 09JDFM - I JAIL DEFERRAL PAYOFF M/F 138111043032410331381 $62.14 1 09JLINT ; JAIL IMPACTFEE INTEREST 138198901036119099381 $13.74 Total L $16626-69 - Continued - Collier County Board of County Commissioners Printed:2/7/2012 4:33:16 PM CD-Plus for Windows 95 /NT Packet Page -1020- 3/27/2012 Item 16.D.2. Official Receipt Collier County Board of County Commissioners ., CDPR1103 - Official Receipt Number 1995422 12(7/2012 4:32:51 PM 1 2/8/2012 1 MS 245945 1 ^ -- ---- - - - � - Memo: Impact Fee Deferral Payoff' -"- Trail Ridge Lot 201 OR4252 PG2530 Total Cash $O:O6 Total Non -Cash $18$26.69 Total Paid ( $16 26 B6 9I Cashier /location: EVELYNTRIMINO / 1 User: FLEISHMANPAULA AW Collier County Board of County Commissioners CD -Plus for Windows 95 1NT Packet Page -1021- Printed:217/2 12 4:33:16 PM 3/27/2012 Item 16.D.2. . K K R R $ $ 8 ° q ° 0 Q 0 § 2 \ § 2� § § . s s � � . n - � « « § 2§% � ■ ■_ \ ; ;) � - k k \ « § \ «a \ k k [ [ � � \ �� § § § k k( \ ■ ■ [ [ § §( .�m § § \ \ 2 Packet Page -1022- 3/27/2012 Item 16.D.2. 20275 W)RTMFRN TRUSI 84;44: OF FLORIDA, N L, Habitat for Hurnanftv Of Calker County, lnt-. NAPLEF, FLORIVA A01W V! US Tan.ia,­ Trr i I k 1/1112012 PAY TO THE Collier Cty. Board of County Commissioner $ '*16.626.69 �)RDER OF Sixteen Thousand Six Hundred Twenty-Six and 69/100*"*-* .......... DOLLARS Collier Cty. Board of County Commissioner TWO SIFNAIPRES FOR AMOUNT OVFA Slrft Housing & Human Servioes Yt 3301 E Tarniami Trail Naples, FL 34112 MEMO : *E(S" payopayoff for 13606 Le acy Lane 1 -.1 - . Packet Page -1023- 0 3/27/2012 Item 16.D.2. Public Services Division Housing, Human & Veteran Services January 10, 2012 To: Norma Lora -Trejo Habitat for Humanity of Collier County Family Services Coordinator 11145 TamiamL;Trail East Naples, FL 34113 From: Collier County Housing, Human and Veteran Services Department Priscilla Doria- SHIP Loan Processor Re: Anthony McClain and Angelique McClain File# 07- 121 -IF 13606 Legacy Lane Naples, FL 34114 Recorded on 09/17/2007, OR Book 4282, Page 2530. The payoff amount to satisfy the above mentioned property owner's lien with Collier County is: $16,626.69. This lien was subject to an interest rate of 5% per annum, but not to exceed 25% of the total fee amount. The per diem is $1.87 per day. Impact Fee Line payoff °f $ 13,616.20 Interest $3,010.49 $ 16,626.69 Payment should be made to `Collier County Board of County Commissioners" and delivered to: Collier County Housing, Human and Veteran Services 3339 Tamiami Trail E, Bid H, Suite 2.11, Naples, FL 34112 If you wish to have us record the satisfaction, please include a separate check in the amount of $10.00 made payable to Collier County Clerk of Court. Thank you, Priscilla Doria, Loan Processor (239) 252- 5312 -phone (239) 252 - 6518 -efax Hunian andn V'etei an,,Services 3301 East Tamiarni Trail - Health Building - Naples, FL 34112 239 -252- CARE (2273) • 239 252 -HOME (4663) • 239 -252 -CAFE - - -_. ___ _ __ _ _..- - --7y . 234 - 252 -VETS (8331) • www .coliiergov.netthumanservices Packet Page -1024- 3/27/2012 Item 16.D.2. PAYOFF AMOUNT CALCULATIONS Anthony MrCWn and ngelique McClain File# 07- 121 -IF 13606 Legacy Lane -� - Naples, FL 341 R+etoi'deti 0h 093/17f2 7, OR Book 4282, Page 2530. Annual interest of 5%, not to exceed 25% Total Lien Agreement $13,616.20 5% $680.81 Per diem rate .$1,87 Year 1 365 days @ $1.87 daily per diem rate $680.81 Year 2 365 days @ $1.87 daily per diem rate $680.81 Year 3 365 days @ $1.87 daily per diem rate $680.81 Year 4 365 days @ $1.87 daily per diem rate $680.81 Year 5 154 days @ $1.87 daily per diem rate $287,25 Total accrued interest $3,010.49 Pay off amount good thru 1/14/2012 1 516.626.69 Packet Page -1025- Return to Fronk Ramsey Cotner C sooty 11RS 330t E. Ta nismi Tail Naples, Florida 3411112 File# 07- 121 -IF 4073191 OR; 4.3/27/2012 Item 16.D.2. RECORDED is MICUL RECORDS of COLLIER COOEtt. ft 01/17/2007 at 03:17P1 DVIG1t 1. 8ROCL C1,E11 RIC ?El 27.00 COPIES 3.00 RetL: CURT TO THE 8011111 I1TRROTPICR 4tH ELODR IrT 7240 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 13 day of�2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Anthony McClain and Angelique McClain" (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 "Me 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, unit- is•anai 3. The term of this Agreement is 4. The amount of the impaal fees,defetTed, shall b sale of the dwelling unit; bra t fip exemption; or d) the Arm l C rr 'tcti ,1' so property, and in any suc t' t the deferred imr not later then the closing le, or not later forth in Exhibit "i3," the a t the. clefo as Exhibit "A." until the impact fee is repaid. in full upon: a) the ; c) a loss of the homestead any part of the affected real paid in full to the COUNTY e date of the transfer. As set fees is Thirteen Thousand Six Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 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 etridencing 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 Packet Page -1026- OR ;L 3/27/2012 Item 16.D.2. 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 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 calendaryear basis until paid. S. 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 WIIEREOF, the Parties have executed this Agreement on the date and year first above written. Attest: DWIGHT E., BROCK, Clerk By- i 1, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: 1tLtsst. D- - -��nc fl>owt "; uel • /� �� - - � I r�ti Name 011up- Print ame �.gy ue MtClain - - - •=C, STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this �_ day ofid/ 2007, by A, ,,. who is personally known to me or I& produced r Iucr. Lr ��, as proof of identity. Dnsg.33e SI tore of Person Takin g Ac� eat y., "v,tr„�* ?�LAPFRFS: AUpnt- 9.7Si1J � m tn': FL t.ar. Acvm �. ta Ap o f07) : Recend Approval and y o A J A la ew . ay bine, MarAing sistant County Attorney Director Collier County Housing and Human Services .s ... 3/27/2012 Item 16.D.2. OR: 4264 ru; 4 j j 4 - • - EXHIBIT "A" LEGAL DESCRIPTION Lot 201, Trail Ridge, according to the plait thereof, as recorded in Plat Book 44, Pages7l through 77, inclusive, 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 Facilities System Impact Fee 4� G. Road Impact Fee H. Government Buildings 1YaFee I. Law Enforcement Impact f ee J. Sewer Impact Fee w i K. Water Impact Fee t ti JJ1 4T -� S ' Ir TOTAL,' ACT FEES JAK Approved-- 1_ ry CAW- Packet Page -1028- Amount Owed $100.59 $62.14 $368.18 $750.00 $1,659.00 $827.00 $3,731.00 $150.24 $83.05 $3,125.00 $2,760.00 $13,61630