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Agenda 01/12/2010 Item #16A 3 Agenda Item No. 16A3 January 12, 2010 Page 1 of 6 EXECUTIVE SUMMARY ..'~", Recommendation to approve, and authorize the Chairman to sign, two Satisfactions of Lien, related to impact fees, for two multi-family buildings at Heritage Bay, due to the deferred impact fees being repaid in full or replaced by individual deferrals related to specified units and qualified program participants, in accordance with the Affordable Housing Impact Fee Deferral Program, as set forth by Section 74-401 of the Collier County Code of Laws and Ordinances OBJECTIVE: That the Board of County Commissioners (Board) approve, and authorize the Chairman to sign. two Satisfactions of Lien, related to impact fees. for two multi-family buildings at Heritage Bay. due to the deferred impact fees being repaid in full or replaced by individual deferrals related to specified units and qualified program participants, in accordance with the Affordable Housing Impact Fee Deferral Program, as set forth by Section 74-401 of the Collier County Code of Laws and Ordinances (Code). CONSIDERATIONS: The Affordable Housing Impact Fee Deferral Program, which was adopted by the Board of County Commissioners on July 26, 2005, provides impact fee deferrals to specified owner-occupied and rental dwelling units that qualifY as affordable housing under the program guidelines. The following is the information pertaining to each of the requested satisfactions of lien: .- 9063 Gervais Circle, Building 12 - OR 4360 PG 2597 -Impact fees were paid in full, in accordance with the terms of the executed Impact Fee Deferral Agreement, including applicable penalties and interest, in the total amount of $267,928.63 9047 Gervais Circle, Building 16 - OR 4251 PG 4012 - Impact fees were paid in full for 3 units out of 10 (Unit #1601, #1608 and #1609) in accordance with the terms of the executed Impact Fee Deferral Agreement, including penalties and interest, in the total amount of $74,510.93, Of the seven remaining units in the building, six units (#1603. #1604. #1605, #1606, #1607 and #1610) have replacement deferrals recorded under the individual qualifYing homeowner and one unit (#160?) was paid off previously. The deferred impact fees related to the units with replacement deferral agreements remain secured as liens related to those individual agreements. FISCAL IMPACT: The impact fees related to the subject properties have been paid in full to the applicable impact fee trust funds or have been secured via a replacement deferral agreement with a qualified homeowner. All other fees and costs related to the satisfaction of the lien and recording costs will be paid by revenue collected through application fees for the Affordable Housing Impact Fee Deferral Program, which is administered by the Housing and Hwnan Services Department. The purpose of the application fee is to pay all related costs of administering the program. Therefore, there is no fiscal impact related to this request. - -,-....,."' ,.._-,~...~." ."._~".,~ Agenda Item No. 16A3 January 12, 2010 Page 2 of 6 GROWTH MANAGEMENT IMPACT: This request has no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This item is legally sufficient for Board action. -JW RECOMMENDATION: That the Board of County Commissioners approve, and authorize the Chairman to sign, two Satisfactions of Lien, related to impact fees, for two multi- family buildings at Heritage Bay, due to the deferred impact fees being repaid in full or replaced by individual deferrals related to specified units and qualified program participants, in accordance with the Affordable Housing Impact Fee Deferral Program, as set forth by Section 74-401 of the Collier County Code of Laws and Ordinances. Prepared bv.;. Amy Patterson, Impact Fee and Economic Development Manager Community Development and Environmental Services Division Agenda Item No. 16A3 January 12, 2010 Page 3 of6 .-- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16A3 Recommendation to approve, and authorize the Chairman to sign, two Satisfactions of Lien, related to impact fees, for two multi-family buildings at Heritage Bay, due to the deferred impact fees being repaid in full or replaced by individual deferrals related to specified units and qualified program participants, in accordance with the Affordable Housing Impact Fee Deferral Program, as set forth by Section 74401 of the Collier County Code of Laws and Ordinances. Meeting Date: 1/12/2010 9:00:00 AM Prepared By Amy Patterson Manager M Impact Fees & EDC Date Community Development & Business Management & Budget Office 12/21/20093:15:19 PM Environmental Services Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney 12/21/20093:29 PM Approved By Judy Puig Operations Analyst Date ,,-- Community Development & Community Development & 12/22/20099:36 AM Environmental Services Environmental Services Approved By Jeff Klatzkow County Attorney Date 12/23/20098:47 AM Approved By Nick Casalanguida Director M Transportation Planning Date Transportation Division Transportation Planning 12/28/2009 12:59 PM Approved By Mark Isackson Management/Budget Analyst, Senior Date Office of Management & Budget Office of Management & Budget 1/4/201010:19 AM _. ''''",-,--,_._- Agenda Item No. 16A3 January 12, 2010 Page 4 of6 Prepared by: Frank Ramsey Collier County Housing and Human Services Dept 3301 E. Tamiarni Trail Naples. FL 3411 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 Lennar Homes LLC to Collier County, bearing date the 10th _ day of _May. 2007, recorded in Official Records Book 4251, Pages 4012, et seq., 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 the premises conveyed by said lien. more particularly described as follows: A Pareel of Land in Section 23, Township 48 South, Range 26 East Collier County, Florida; A Portion of Tract "E", Heritage Bay Commons, A Subdivision As Recorded In Plat Book 43, Pages 46 Through 54 of the Public Records of Collier County, Florida (A 10 Unit Condominium Building) 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 ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal ficiency:. Jef Assis right t County Attorney Agenda Item No. 16A3 January 12, 2010 Page 5 of 6 - Prepared by: Frank Ramsey Collier County Housing and Human Services Dept 3301 E. Tamiami Trail Naples. FL 341112 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 Lennar Homes LLC to Collier County, bearing date the 11th _ day of _April, 2008, recorded in Official Records Book 4360, Pages 2597, et seq., of the Public Records of Collier COWlty, Florida, hereby does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement the premises conveyed by said lien, more particularly described as follows: Building 1200: A Parcel of Land in Section 23, Township 48 South, Range 26 East Collier County, Florida; A Portion of Tract "E", Heritage Bay Commons, A Subdivision as Recorded In Plat Book 43, Pages 46 Through S4 of the Public Records of Collier County, Florida (A 10 Unit Condominium Building) 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 ofrecord with respect to said property. - Dated this day of ,2010. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and leg sufficiency: . IT . Wright ASSistant County Attorney - ---,'--- .~---~--~ ..,...,..-------. Agenda Item No. 16A3 January 12, 2010 Page 6 of 6 Official Receipt - Collier County Board of County Commissioners CDPR11 03 - Official Receipt G .. I .. . Trans Number Post Date P!!y'ment S~ Nbr Date 915488 112/10/200912:16:24 PM 12/10/2009 MS 232136 ~ LENNAR HOMES, LLC 9047 & 9063 GERVAIS CIRCLE Payor: LENNAR HOMES LLC Fee Information ~ .. . .. ... i-Eee Code Descri tion GL Account Amount Waived -------- . 09PDFM PARKS DEFERRAL PAYOFF M/F 34611636332410331346 $44741.93 ... .. 09EDMF I EMS DEFERRAL M/F PAYOFF 35014047032410331350 $1940.03 r JAIL DEFERRAL PAYOFF M/F 138111043032410331381 $1501.22 09JDFM 09LBDFM LIBRARY DEFERRAL PAYOFF M/F 35515619034410331355 $6579.91 .. . 09DFM6 .. ROAD DEF PAYOFF M/F 06 33816365832410331338 $123688.59 08SBDM SCHOOL DEFERRAL PAYOFF M/F 11300000020905000000 $51255.46 09LWDFM LAW DEFERRAL PAYOFF M/F 38511043332410331385 $3047.61 I 09GBDFM GB DEFERRAL PAYOFF M/F 39012223132410331390 $7347.82 09WDFM WATER M/F DEF PAYOFF 00213877032410300000 $50438.32 109SDFM ---- - .-_. j SEWER M/F DEF PAYOFF 00213877032410300000 $51898.67 ----- . ---- . Total $342439.56 Payments .. .. Pa ent Code CHECK AccounVCheck Number 102604729 Amount I $342439.56 Total Cash Total Non-Cash $0.00 $342439.56 $342439.561 Total Paid Memo: Heritage Bay countywide impact fee deferral payoffs. 9047 Gervais Circle Bldg. 16, Units 1601, 1608, 1609.. Permit #2006121829 OR 4251 PG 4012 9063 Gervais Circle Bldg. 12 - Permit #2008030241 OR 4360 PG 2597 Collier County Board of County Commissioners CD-Plus for Windows 95/NT Cashierllocation: CORZO_M 1 1 User: FLEISHMANPAULA Printed:12/10/2009 12:16:55 PM