Agenda 06/28/2011 Item #16D 3
6/28/2011 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 unit
that have been repaid in full.
OBJECTIVE: Approve and authorize the Chairman to sign one (I) release of lien for deferral of 100
percent of Collier County impact fees for owner occupied affordable housing dwelling unit.
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 release oflien associated with this item.
Name Pronert\" Address I Assistance Provided ! Public Record I
Freeman and Freeman, Inc. 303 Calle Amistad Stree~ $19,305.88 I OR Book: 4334
I PG: 1285 I
Immokalee. Florida 34142
FISCAL IMPACT: A total of $19,305.88 has been repaid to Collier County. The funds have been
deposited in the appropriate impact fee trust funds.
GROWTH MANAGEMENT IMP ACT: 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 vote. - JW
ST AFF RECOMMENDATION: Approve and authorize the Chairman to sign one (1) releases of lien
for deferral of 100 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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6/28/2011 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 unit that have been repaid in full.
Meeting Date: 6/28/2011
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor.Housing. Human & Veteran Services
6/2/20] 1 9:09:49 AM
Submitted by
Title: SHIP Loan Processor, Housing, Human & Veteran Services
Name: DoriaPriscilla
6/2/20]] 9:09:50 AM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant.Domestic Animal Services
Date: 6/2/2011 9:36:49 AM
Name: KrumbineMarcy
Title: Director - Housing & Human Services.Housing. Human & Veteran Services
Date: 6/3/2011 11:12:54 AM
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 6/3/2011 I :26:52 PM
Name: WrightJeff
Title: Assistant County Attorney.County Attorney
Dme:6/l0/20113:12:16PM
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6/28/2011 Item 16.0.3.
Name: RamseyMarla
Title: Administrator, Public Services
Date: 6/13/2011 1:19:51 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2011 11 :01:17 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/21/201] 9:53:03 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs.CMO
Date: 6/21/2011 10:05:56 AM
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6/28/2011 Item 16.0.3.
c~~ County
l:::..... ~..-
- -
Public Services DMsion
Housing, Human & Veteran Services
April 19, 2011
To: Jewel Stone Title
Attn: Brad
From: Collier County Housing, Human and Veteran Services Department
Priscilla Doria
Re: Freeman and Freeman, Inc. File# 08-119-IF
303 Calle Amistad Street
Immokalee, FL 34142
Recorded on 02/29/2008, OR Book 4334, Page 1285.
Dear Brad,
The payoff amount to 5C1tisfy the above mentioned property owner 5 lien with Collier County is:
$19,305.8&.
Impact Fee Line payoff
Interest
$19,305.88
$ 0
$ 19,305.&8
Payment should be made to .Collier County Board of County Commissioners" and delivered to:
Collier County Housing, Human and Veter-an Services
Attn: Priscilla Doria
3339 Tamiami Trail E, Bid H, #2E
Naples, FL 34112
Please contact me if you should have any questions 239-252-5312.
Thank you.
'Ai4dffa Z'D'lia., LoaK ~
Housing, ;...
Human'andU
Veteran.Services
....-.III COllter(,;ol,irll;-
3301 East Tamlami Trail' Health Build;",,' ~aDles Fe 34~12
239.252.cAAE (2273) '239 252-HOME 14663)' 239.252.CAFo (2233)' 239.252-RSVP'(7787)' 239.252.VETS 18387)' WYNI.coIIiergov.net/tlUfnanseMces
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6/28/2011 Item 16.0.3.
6/28/2011 Item 16.0.3. I
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413410B OR: 4334 PG: 1285
RlCORDBP In omem OCO!IlS of COLLIll CGUm', PL
02/19/2001 at 02:50PM DWIGHT !. BlOCI. CL!!I
oem
toms
21.00
3.00
F1'W_~
HHS
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N.....FL,M1U-
File/l 08-lI9-IF
Rete:
CLBRI '0 TH! BOARD
rmROmC! 4TH !LOOR
no_.J1U]1l
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL Of 100% OF
COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING ?LlNG UNITS
This Agrcemenl is catered into thiS'2!.:: da)' of January. 2008, between Collier County. a
political subdivision of the State of Florida (COt.JNTY) lUld "Freeman and Freeman. Inc."
(DEVELOPER). collettively sw.:d as the -Partie,."
NOW, THEREFORE. for good and valuable consideration, lne receipt BIId suflicicney of
which is mutually acknowledged, the Parties agree as. fullows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances. of
Coilier Count)'. F\orida.. known as -The Collier County Consolidated Impact Fee Ordinance-
(Ordinance). In the evenl of an~enc the u:rms of the Ordinance shall
Ol'1'ly ~\-;~.r\;>:-
2. The legal descriPliOrf ong uni' i, attached as ~~"
3. The term of this A . 'ssuance of this A~en'" until six (6) months after
isSUBllceoftltecer{r.""'f/or ~~gunil(S\ \
4. The amount Ofthf il 5 M' in full upon the sale of
the d~mng unit"), es the . i Id HfUSJ.,r-:.~ m....ing lh~ ~teTi~ set
forth 10 the Ordioim3,. 1m y de . JJ;;./fOrth In E:ll:hlblt "8. . the
amount of the det~\mpact fees is Nine1een~U~ T~1und.-ed Five and 8&1100
Dollars IS19 305.881<'1' \", 1i.J //"O
5. The deferted impact ~i'" . a lien on the pro \~~ in Exhibit "A: which lien
may be foreclosed upon l~.~ -t. ~ with the Ordinance or with lhis
Agreement This Agreement s.hal ' . "nsf th: dwelling uniUs). The lien shall
terminate upon the I'CCOrding of a release or smisfil:ct:ion of lien in tbe public records of the
Cuunt)'. The deferrals of impact fees and this Agreement shali run with the land. and neither
!.h:: dcfCt't"':d impact fees nor this Agreement shall be transferred. assigned, or otherwise
conveyed from, Except as provided by law. regardless of any foreclosure on tin: first mortgage
or other security interest. lhis lien shall otherwise be superior and paramouot to the: interest in
the dwelling unit of any owner. lessee, tenant mortgagee. or other penon. except that this lien
shall be on parity with any lien for County taxes.
6. Upon the salisfactory completion of this Agreement's reauirements, COUNTY shaJl record
any necessary documentation evidencing same, including, but not limited to. a full or J)8ltiaJ
release ofJicn.
7. In the event the DEVELOPER is in default under the Ordinance or thi~ Agreement. and the
defauh is not cured withir. 30 days. after written notice is provided to the DEVELOPER.. 1I
delinquency fee equal to ten percent (10%) of the total impact fee im?Os.ed shall be assessed,
and the COlTNTY may. at il~ sole option. collect the impact fee amount in default and
assessment ~, set forth in the Ordinance, or bring a civil actior:. to enforce this Agreement. or
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6/28/2011 Item 16.0.3.
OR: 4334 PG: 1286
declare that the defc:rred impact fees are then in default and immediately due and payable. The
COUNn' shall he entitled to recover all fees and COSts, including a.!tot'ne)"s fee and costs.
incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum
statutor~,' rate for judgments calculated on a calendar day basis. until paid. DEVELOPER will
sell the unit to persons whose legal status wlll be verified, documented and kepi on file at 1he
office of Housing and Human Services. If the developer fails tv comply with the terms of \he;
agreement. or the unit ceases to Oe utilized for affordable housing. or is not sold to legal
residents., the full amount of deferred impact fees shall be immediately repaid to the County.
including all applicable interest end penalties.
8. This Agreement ili the sole agreement between the panies with respect to the subject maner
herein. and shall be binding upon the DEVELOPER'S successors and assigns in irnc:rc:st.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF. !he Parties have executed this Agreement on the date and year
first above written.
AtteSt;
DWIGHT E. BROCK. Clerk
SJONERS
By,
le~
STATE OF FLORIDA
COUNTY OF COLLIER
Tne foragoing insuumcntAgr=mcm WHo'> acknowledged before: me this ~ day of
JanU8J')', 2008. b~: Ernest Freeman as Jtresident for Freeman and Freeman. Inc. who is
personaliy known to me or has produced p,e....,~ identification. /)
[NOTARIAL SEAL; ~JI."'-'~ 'i11.. ~
(Signarure of~otal{ Publlc)
I
i/{~"":JI?....C- r /l1,
(Prim Name ofNolar)' Public)
I !.. -e...
MARGARET M. LEE
NO't.wr 1"IaJC. 8f"A11! 01" I"l.OIIllDo\
"OIoOMISSION. 003051 12
EXPIRes 6i28I2IlO8
1ICMJE'DTMIO'............,.,,.pv.
Z= d approval'r
I ~.
.~~,-
Marcy Krumbine. Director of
Housing &:. Human Services
Page 2 of.:!
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EXHIBIT~A"
6/28/2011 Item 16.0.3.
*** OR: 4334 PG: 1287 ***
LEGAL DESCRIPTION
_033, r_ip<<is, Raqe19Ec-m NEC,ofLot:r.o Bo..29 N_Ma.....t50.....
Tb....NELV.1& N U .rEKaaabil.St., E....dcd 10 II to E Bely Li.fMadiseo Ave '0 POB,
T"etllte" N Bdy 1.1 ofEsc::a__ 300~ NWLY &.. PareD wlda MaditOD Aye 500ft to S Li of
FIocet' 51, Est, SWL V .Il: E Bdy Li .f FIICe' 51. 300 II to intene.. of FllIC'" 51, .. Mldiso.
Ave. SELV otc E Bely Li ofMlIdilloa A.. 500ft to NLYBdy Li ofEKambi. to POB.IeuOR
mn~~mn~~m~_~m~~~m"~~m"~
OR 374 pg304,OR316 ~ 161, OR 402 pcSlo-Sl1. OR 402 PC SOS. OR 402 ~493-494. OR
402 PC 41'-481. OR 567 PC 799. CoJljer Couaty, Florida.
STR.EET ADDRESS
30J Calle AJais\1ld Street, 1..__ F10ridl 34142
EXHIBIT ~B"
IMPACf FEE BREAKDOWN
Type .r I..pad F..
A. EMS Impact Fee
B. COfTC:Ctional FacW t
C. Libnt1y Impact lee
D. CommW1ity Pkks I
I
E. Regional per~
F. Edueation.l F :!IiI.i
G. Rood Impact F~\
H. Goyernment Buil
1.
JA"~_:_'_
AIIIOIlDt Owed
SlOO.59
$144.58
S46Q.23
$935.00
$2.068.00
$8.228.00
$6.359.00
$725.00
$185.48
S19,305J18
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6/28/2011 Item 16.0.3.
Prepared by'
Priscilla Doria
Collier County
Housing, Human & Veterans Services Dept
3339 E. Tamiarni 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 3301 E,
Tamiami Trail, Naples, Florida 34H2, the oWller(s) and holder(s) of a certain Impact Fee Agreement
executed by Freeman and Freeman, Inc. to Collier Connty, recorded on 2/2912008 in Official Records
Book 4334, Page 1285, 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:
Section 33, Township 46S, Range 29E, COMM NE Cr of Lot 20, Blk 29, New Market Subdivision,
of the Public Records 01 Collier Connty, Florida.(303 Calle Amistad 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
.201 I.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
, Deputy Clerk
form and
i1M'
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