Agenda 04/10/2012 Item #16D 44/10/2012 Item 16.D.4.
EXECUTIVE SUMMARY
Recommendation to approve one (1) release of lien in the amount of $19,300.01 for a satisfied
Impact Fee Deferral.
OBJECTIVE: Approve one (1) release of lien.
CONSIDERATIONS: On February 29, 2008, Collier County entered into an Impact Fee Agreement
with Freeman and Freeman, Inc. 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.
In November 2011 a request for payoff was issued as a result of a short sale transaction for property
located on 420 Carver Street, Immokalee, Florida. On February 9, 2012 a repayment was issued to Collier
County for said lien agreement in the amount of $21,230.02, which includes the penalty and principle. On
February 24, 2012 at the request of Growth Management Division a revised payoff letter and amount was
issued less the penalty in the amount of $19,300.01.
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 release of lien associated with this item.
Deferral Date
- Applicant
Official Records
Lien Amount
--Payoff Date
2/29 /2008
Freeman and Freeman,
Inc.
Book: 4334, PG 1288
$19,300.01
2/9/2012
FISCAL IMPACT: A total of $19,300.01 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
RECOMMENDATION: Approve and authorize the Chairman to sign one (1) release of lien for deferral
of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit.
PREPARED BY: Priscilla Doria, SHIP Loan Processor, Housing, Human and Veteran Services
Packet Page -1157-
4/10/2012 Item 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4.
Item Summary: Recommendation to approve one (1) release of lien in the amount of
$19,300.01 for a satisfied Impact Fee Deferral.
Meeting Date: 4/10/2012
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
3/1/2012 3:10:13 PM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
Name: DoriaPriscilla
3/1/2012 3:10:15 PM
Approved By
Name: Ackerman-Maria
Title: Senior Accountant, Grants
Date: 3/13/2012 4:36:51 PM
Name: AlonsoHailey
Title: Administrative Assigtant,Domestic Animal Services
Date: 3/14/2012 2:12:41 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 3/19/2012 10:10:01 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/20/2012 9:10:30 AM
Name: RamseyMarla
Packet Page -1158-
Title: Administrator, Public Services
Date: 3/22/2012 11:05:48 AM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 3/27/2012 7:24:49 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/29/2012 9:39:03 AM
Name: MuckelCynthia
Title: Applications Analyst,lnformation Technology
Date: 4/3/2012 4:40:07 PM
Name: OchsLeo
Title: County Manager
Date: 4/3/2012 4:54:46 PM
Packet Page -1159-
4/10/2012 Item 16.D.4.
4/10/2012 Item 16.D.4.
Prepared by:
Collier county
Housing, Human & Veterans Services Dept
3339 E. Tamiami Trail, Building K #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 Impact Fee Agreement
executed by Freeman and Freeman, Inc. to Collier County, recorded on February 29, 2008 in Official
Records Book 4334, Page 1288, of the Public Records of Collier County, Florida, in consideration of
$19,300.01, 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:
Lot 18, Pine Grove Subdivision, according to the plat thereof, recorded in Plat Book 2, Page 103, of
the Public Records of Collier County, Florida (420 Carver Street, Immokalee, FL 34142).
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 iciency: n
Je right
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Packet Page -1160-
4/10/2012 Item 16.D.4.
Go Ter County
Public Services Division
Housing, Human & Veteran Services
February 24, 2012
To: Korinza
Via email: TKBLAW@ embargrnail.com
From: Collier County Housing, Human and Veteran Services Department
Priscilla Doria
Re: Freeman and Freeman, Inc, File# 08- 135 -IF
420 Carver Street, Immokalee, Florida 34142
Recorded on 02/29/2008
OR Book 4334, Page 1288
The payoff amount to satisfy the above mentioned property owner's lien with Collier County is:
$19,300.01.
Impact Fee Line payoff $19,300.01
Delinquency Fee (10%) $ 0
$ 19,300.01
Payment should be made to "Collier County Board of County Commissioners" and delivered to:
Collier County Housing, Human and Veteran Services
3339 Tarniami 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 of 110M
made payable to: Collier County Clerk of Court.
Thank you,
r : G/ r�
al a
Priscilla Doria, Loan Processor
(239) 252- 5312 -phone
(239) 252- 6518 -efax
2riscilladoria@coIlierp,Qv.net
Housing,
Human and
Veteran Services
of c A*r county
3301 East Tamiami Trail • Health Building • Naples, FL 34112
239 - 252 -CARE (2273) • 239 252-HOME (4663) • 239 - 252 -CAF8 (2233) • 239- 252 -RSVP (7787) • 239 - 252 -VETS (8387) • www.coIiiergov.netlhumanservioes
Packet Page -1161-
-- 4/10/2012 Item 16.D.4. .
Official Receipt Collier County Board of County Commissioners
CDPR1103 - Official Receipt
FREEMAN & FREEMAN
420 CARVER ST, IMMOKALEE
Payor : THOMAS K BOARDMAN PA
Fee Information
Fee Code
09PDFS
09EDFS
09 BBD.FS
09JDFS
09D7 S5
08SBDS
09GBDFS
Q9LWDFS1
OOCKOV I
Descri scrip'
PARKS DEFERRAL PAYOFF S/F
EMS DEFERRAL S/F PAYOFF
LIBRARY DEFERRAL PAYOFF SIF
JAIL DEFERRAL PAYOFF S/F
ROAD DEF PAYOFF SIF D5
SCHOOL DEFERRAL PAYOFF S/F
GB DEFERRAL PAYOFF S/F
LAW DEFERRAL PAYOFF S/F 13,8511043332410231385
CHECK OVERAGE -CDS
GL Account
3461 !636332410231346
'35014047032410231
35515619032410231355
138111043032410231381
133916365932410231339
'11300000020905000000
39012223132410231390
11300000011542000000
Amount
$3003:00
$100.59
�64gt}23
$6359.00
Waived
$8228.00
5725 :00'
$285.48
$4930.01
Memo:
Impact fee deferral payof OR4334 PG1288,
Collier County Board of County Commissioners
CD -Plus for Windows 95 /NT
Payments
l vwi L 422422.21 1
Total Cash $Q,00
Total Non -Cash $21230.02
Total Paid $21230 02
Cashier /location: EVELYNTRIMINO / 1
User.
Packet Page -1162-
Printed:2/222012 4.38:00 PM
V
Ratan to
Frwk Ramsey
m1S
33x1 E Tdiaei Trail
Napim, FL 34112
Fik# 08- 135-IF
4/10/2012 Item 16.D.4.
4134149 ux: uji ri; im
RECORDED in OFFICIAL WORDS of COLLIER COWT , FL
02/25/2008 at 02:50PI DWIGHT 1. BROCK, CLERK
RIC FIB 27.00
COPIES 3.0?'*
Retll:
CLERK TO THE BOARD
INTEROFFICE 4TlI FLOOR
B$1 11
LIEN AGREEMENT WITH DEVELAPER FOR DEFERRAL OF 104% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING /DWELLING UNITS
This Agreement is entered into this r day of January, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Freeman and Freeman, Inc "
( DEVELOPER), 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 t ent, the terms of the Ordinance shall
apply. �! --
2. The legal description o t ing unit is attachod as hj>
3. The term of this A ssuance of this A until six (6) months after
issuance of the cc fits of dwelli g unit(s).
4. The amount of im s at t in full upon the sale of
the dwelling uni s), 1 the w lin id ld meeting the criteria set
forth in the Ordi im d forth in Exhibit ^B;' the
amount of the d pact fees is N 1 Dollars
(S19.300.01)_ y 0
5. The deferred impact f s a lien on the pro pC d in Exhibit -A." which lien
may be foreclosed upon t e �tyt p 1 with the Ordinance or with this
Agreement. This Agreement shat10 {7 against the dwelling unit(s). The lien shall
temtiinate 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 trartsferred, assigned, or otherwise
conveyed from. 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, including, but not Iimited to, it full or partial
release of lien.
7. In the event the DEVELOPER 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 DEVELOPER, a
delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed,
and the COUNTY tray, at its sole option, collect the impact fee amount in default and
assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or
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4/10/2012 Item 16.D.4.
OIL, 1JJT ru. 1407
declare that the deferred impact fees are then in default and immediately due and payable. The
COUNTY shall be entitled to recover ail 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 day basis until paid. DEVELOPER will
sell the unit to persons whose legal status will be verified, documented and kept on file at the
office of Housing and Human Services. If the developer fails to comply with the terms of the
agreement, or the unit ceases to be utilized for affordable housing, or is not sold to legal
residents, the full amoum of deferred impact fees shall be immediately repaid to the County,
including all applicable interest and penalties.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the DEVELOPER'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.
Attest: ' OF CO TY COM SSIONER5
AIK Vo
DWIGHT E. BROCK, Clerk JM �0 TY, FLO A
#gist u :�11
$l�
i�r
-
,vY een dF Inc.
Witnesses:
By:
I' bfA
ro
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrumentAgreement was acknowledged before me this � day of
January, 2008, by Ernest Freeman as Presi ent for Freeman and Freeman, Inc. who is
Personally known to me or has produced �1wxs identification.
[NOTARIAL SEAL]
(Signature No Public) I
#�q&re q • L C ,_
tq&GARSETM. I.ER (
Print Name of Votary Public)
�lISS10Tt # 0030
E]0 ►IRES &2W206i
a
A d Am. tom Mg Recom d approval:
legis
Je w Krumbine. Di of
Chief unty Attorne y Housing & Human Services
Page 2 of 2
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4/10/2012 Item 16.D.4.
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 18, Pine Grove Subdivision, according to the plat thereof, recorded in Plat Book 2, Page
143, Public Records for Collier County, iFlorida
STREET ADDRESS
420 Carver Street, Imasokslee, Florida 34142
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A.
EMS Impact Fee
B.
Correctional Facilities Impact Fee
C.
Literary Impact Fee
D.
Community Parks lm
E.
Regional Parks Im
�IQ
F.
Educational Fac' ties
G.
Read Impact F e
H.
Govemmem ad' mp F¢�
I.
Law Enforc pR
,AK ApprwW
coQ
Fee
L IMPACT FEES
�c
Packet Page -1165-
Amount Owed
$100.59
$138.71
5460.23
$935.00
52,068.00
$8,228.00
$6,359.00
$725.00
$285.48
S191300.o l