Agenda 04/12/2011 Item #16D3
4/12/2011 Item 16.0.3.
EXECUTIVE SUMMARY
Recommendation to 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 units
that have been repaid in full.
OBJECTIVE: Approve and authorize the Chainnan to sign one (1) release of lien for deferral of 100
percent of Collier County impact fees for owner occupied affordable housing dwelling units.
CONSIDERATIONS: 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 oflien associated with this item,
Name Property Description Assistance Provided Public Record
Habitat for Humanity of Lot 39, Charlee Estates $13,149.98 OR 3531, PO 3764
Collier County, Inc.
FISCAL IMPACT: A total of $13,149.98 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 has been reviewed and approved by the County Attorney's
Office and is legally sufficient for Board action. This item requires a simple majority vofe. - JW
STAFF RECOMMENDATION: Approve and authorize the Chainnan to Sib'll one (I) release oflien
for deferral of] 00 percent of Collier County impact fees for owner occupied affordable housing dwelling
units.
PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services
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4/12/2011 Item 16.0,3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3.
Item Summary: Recommendation to 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 units that have been repaid in full.
Meeting Date: 4/12/2011
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Services
3/15/20113:19:35 PM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Services
Name: DoriaPriscilla
3/15/201 13:19:37 PM
Approved By
Name: RamseyErank
Title: Manager, Housing, Human and Veteran Services
Date: 3/16/201110:17:25 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestie Animal Serviccs
Date: 3/16/20114:18:30 PM
Name: AckermanMaria
Date: 3/22/2011 2:00:20 PM
Name: KrumbineMarcy
Title: Director - Housing & Human Services,Housing, Human & Vetcran Services
Date: 3/23/2011 10:45:44 AM
Name: CarnellStcve
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4/12/2011 Item 16.0.3.
Title: Director - Purchasing/General Services,Purchasing
Date: 3/25/2011 7:08:44 AM
Name: EoordMarlene
Title: Grant Development & Mgmt Coordinator, Grants
Date: 3/25/201 I 7:58:33 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/28/2011 9:03:41 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 3/30/201 I 4:09:30 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/1/2011 8:51 :34 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/4/201 I 12:37:29 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 4/4/2011 2:33:31 PM
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4/12/2011 Item 16.0.3.
Prepared by:
Priscilla Doria
Collier County
Housin~ Iluman & Velcrans Services Dcpt
3339 E. Tamiami Trail, Building li #211
Naptes. FL 34 t 12
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 E.
Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement
executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded on 3/31/2004 in
Official Records Book 3531, Page 3764, 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 39, Char\ee Estates, A Subdivision, as recorded in Plat Book 40, Pages 49 and 50, of the Public
Records of Collier County, Florida.(14666 Apalachee Street, 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
, 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
A pproved as to form and
legal, stff1;iciency:
,~."",.:...,,--~~----_.
Jeff E.. Wright
As"s;stant C:'umy Attorney
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'~~~~b~!i~i~ .,.:.,~- 4/12/2011 Item 16.0.3.
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HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
15195
Collier Co. Board of County Commissioners 4/2812010
1300,00' LEASED & REPO HOUSES:13 HS #871 Velecela 14666 Apalachee Street
RECEIVED
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13,149.98
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4/12/2011 Item 16.0.3.
3370472 OR: 3531 PG: 3764
ucaoo in allICIn ucaRDS of comn coum, rL
03/31/2004 at 10:5!1I DIIGIf I, BIOCI, CLlII
IIC rn 37.50
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Patrick G. While
Ass't. Collier County AU'y.
3301 TamIaml Trag Eost
N.pI<o. FL 34112
RetD:
rIWCIlI. lIIIIl , SOUSIBG
ImROrrICI
ATTI: LA01IJ BIllD("3-2331)
Filet 04"()39-IF
This Splitt for recorcliac
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING.
stated as the "panies."
March, 2004 by and between
Habitat for Humanity of C Ili
impact fees for new owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by
the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial
Administration and Housing Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application and has found that it complies with the requirements for an affordable housing 100%
deferral of impact fees as set forth in the Impact Fee Ordinance; and
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4/12/2011 Item 16.0.3.
OR: 3531 PG: 3765
WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee deferral; and
WHEREAS, pursuant to Section 74-201, E.l.b. of the Impact Fee Ordinance, as codified
in tbe County's Code of Laws and Ordinances (Code of Laws), the County Managec is
authorized to execute certain Impact Fee Deferral Agreements; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER entec into an
Agreement with the COUNTY, and
WHEREAS, by signing this Agreement, the County Manager will approve a deferral of
impact fees for OWNER in support of . ~ ~ Housing.
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NOW, THEREFO l~Side~tiOn of the r~g Recitals, and other good and
valuable consideration, the tit ~P~~y-6f\WhiCh\~S fu:reby mutually acknowledged,
the Parties covenant and agte..e i ~ n "I) \\1\ 1
I. RECrr ALS IN~~ I'ilJ go~eb~ are true and correct and are
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incorporated by re~r~nce herein. ..Jk i / ...) I
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2. LEGAL DESCRrM-~ . The legal deSCriP~~ biA;e dwelling unit and its site plan
, );., ~,\:/
(the "Dwelling Unit") is'~liYA," and is incorporated by reference
herein.
3. TERM. The term of this Agreement is for no longer than a period of fifteen (15)
years commencing from the date the certificate of occupancy is issued foc the
Dwelling Unit. During this term the Dwelling Unit must remain as affordable
housing and may only be offered for sale in accordance with the standards set forth in
the Impact Fee Ordinance and this Agreement.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. OWNER's household earnings will not exceed the limit for low income as
defined in the Impact Fee Ordinance, and the OWNER's monthly
2
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4/12/2011 Item 16.0.3.
OR: 3531 PG: 3766
payments to purchase and pay for the Dwelling Unit will remain within
the affordable housing guidelines established in the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
c. The Dwelling Unit is, and will remain, the homestead of the OWNER or
any subsequent owner;
d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of $13.149.98,
as set forth in attached Exhibit "B," incorporated by reference; and
e. In return for the COUNTY deferring repayment of 100% of the impact
fees owed by. . ~ ater than the expiration of the TERM,
~y N
OWNER covenants an ~~to comply with the affordable
hoOUd'; / ~~' 1~\'ri' """101 in oh, .."", F..
r mance, en\
5. SUBSEQUEJ, , Is; ,N . If:- R sells the Dwelling Unit
which is SUb~~~,~\~mpact fee defe . ~o fa s ~ uent purchaser, the Dwelling
Unit shall be so~~\ to persons or h6~ ~meeting the deferral qualifying
~O~ _.. ~-<~7
criteria set forth in the)~ l~~the case of sale or transfer by gift of
the Dwelling Unit. the original f;iER shall remain liable for the impact fees
deferred until said impact fees are paid in full or until the conditions set forth in the
Impact Fee Ordinance and this Agreement are satisfied.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing as defined in the Impact Fee Ordinance during the term of this
Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during
such period, the full amount of the deferred impact fees shall be immediately repaid
to the COUNTY.
7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and
continuing unti I paid or released, the dollar amount of deferred impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Thirteen Thousand
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4/12/2011 Item 16,0.3.
OR: 3531 PG: 3767
One Hundred Fortv-Nine dollars and 98/1()() ($13,149.98). as set forth in attached
Exhibit "B." This lien may be foreclosed upon in the event of default under this
Agreement. Provided that if the OWNER is the mortgagor, the COUNfY and
OWNER agree that by, and in consideration of a suitable security coIlateral being
provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and
interests arising under this Agreement are to be considered junior, inferior, and
subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted
in this Agreement, and regardless of any foreclosure on the first mortgage or other
security interest, such lien shall otherwise be superior and paramount to the interest in
the Dwelling Unit o~R~Dant, mortgagee, or other person, except
that this lien shall be. 'with any lie nty taxes.
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8. RELEASE OF tIE .~tory o~]etion of this Agreement's
requirements, iniLlurr~ f ~i dff'i?pa~t fees. the COUNTY shall, at
the expense of \~ I:t~ ~y ne e~arfF!!ocumentation evidencing such
payment, includi~~t not limited to, a 'R;~as~ Of/Ji/
\::1:;\ --;~ / /0/
9. BINDING EFFEC1>fThis Agreement shall ~Ivthe land and be binding upon the
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Parties to this Agreem~I1h~. ',"'" 'tssPt.(and assigns
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10. RECORDING. This Agreement snarr1ie recorded by COUNTY at the expense of
COUNTY in the Official Records of Collier County, Florida, within sixty (60) days
after execution of this Agrcemcnt by the County Manager.
II. DEFAULT. OWNER shall be in default of this Agreement and the impact fees
immcdiately deemed to be delinquent and in default in accordance with Code of Laws
Section 74-501 of the codified Impact Fee Ordinance if:
a. OWNER fails to sell the Dwelling Unit in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due plus an
additional 10% delinquency fee and any interest due from the date that
those impact fees would otherwise have become due as set forth in Code
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4/12/2011 Item 16.0.3.
OR: 3531 PG: 3768
of Laws Section 74-501, B. within thirty (30) days of mailing of written
notice of said non-compliance, or
b. OWNER continues to violate any of the affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (15) days after
mailing of written notice of the violation.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (1) fail to comply with the said
qualification criteria at any time during the fifteen (15) year term; or (2)
violate any provisi ~ ' . ment, then the dollar amount of impact
fees deferre~ ~~ ER to the COUNTY within thirty
(30) days 6f w tteu uutiGcation...';ltsaid y' Ia. ll~n.
b. ShOUld/he .. aUI\ of this Agreement, and the
the 0 ~~: the COUNTY ~ ~ri:l~ civil action to enforce the
'~1~ ) ~
Agreemen~ 4- '-,1 . C
c. In addition~ 0 ~erf _, .ert~ or otherwise enforced by the
, t~,- -JE CIR\.....:::
COUNTY, by action ~~ or equity including the foreclosure of a
mortgage on real property. The COUNTY shall be entitled to recover all fees
and costs, including attorneys fees, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
5
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4/12/2011 Item 16.0.3.
OR: 3531 PG: 3769
IN WITNESS WHEREOF, the Panies have executed this Agreement on the date and
year first above written.
Witnesses:
e..
STATE OF FLORIDA)
COUl'I'TY OF COLLIER)
The foregoing Agreement w
Samuel J. Durso, M.D., Presiden ~
known to me. GC
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!-o'N'-1 MYCOMMlSSION, D01l?l99JERE4 } I
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~;.;.'~.\' !IONOeon4i!UTroY~~IHSUIA ~ \
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COLLIER COUNTY. FLORl%\
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efore me this 25th day of March, 2004, by
f Col 'er County, Inc.. He is personally
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D, COUNTY MANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before mc this ~ay of ~..~ L ,
2004. by James V. Mudd, County Manager, on behalf of thj' COUNTY. He is person ly known to
mc.
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[NOTARV\L SEAL]
."';:;""" Lauren J. Beard
/i'.<.'~~" Commission #DD 159084
~;. \:J.:;g Expires: Oct 24, 2006
--.;IiDi")(./ BondQjTnru
roved as to i~~' anJ'tialltlC Bondmg Co.. lne
suffi
SignatUre of Perso
Acknowledgment
Patrick G. hitc
Assistant County Attorney
Recommend Approval
Lto1j~
Financial Administration & Housing
6
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4/12/2011 Item 16.D.3.
OR: 3531 PG: 3770
EXHIBIT "A"
LEGAL DESCRIPTION
Habitat for Humanity of Collier County, Inc.
Lot 39, Charlee Estates, A Subdivision, as recorded in
Plat Book 40, Pages 49 and SO, of the Public Records of Collier County, Florida.
EXHIBIT "B"
Type of Impact Fee
A. EMS hnpact Fee
B.
e.
D.
E.
F. Road hnpact Fee
G. Water hnpact Fee
H. Sewer hnpact Fee $2,950.00
TOTAL IMPACT FEES $13,149.98
PGWForrns&Agnx:mentslAffHsgnllOO% DefeTTJ.! Agreement (030703 1100)
7
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