Agenda 03/09/2010 Item #16D 5
Agenda Item No. 16D5
March g, 2010
Page 1 of 8
EXECUTIVE SUMMARY
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Recommendation to approve and authorize the Chairman to sign an amended release of lien to
correct date and official records citations of previously recorded impact fee deferral release of lien.
OBJECTIVE: To approve and authorize the Chainnan to sign an amended release oflien to correct date
and official records citations of previously recorded impact fee deferral release oflien.
CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a
program to defer impact fees for qualified affordable housing. Pursuant to this program, Marco Bay
Homes and James Obrochta submitted an application for deferral of impact fees and the Board of County
Commissioners approved the request. The approved and fully executed deferral agreement was
subsequently recorded at OR Book 4295 Page 3298, of the Public Records of Collier County.
No construction ever occurred on the subject site and, therefore, the building permit expired.
Furthermore, since construction never occurred and the building permit was never retrieved by the general
contractor, no impact fees were owed. Staff has since updated the permit status to require payment of
impact fees should a future owner chose to build on the site.
A release of lien was processed, approved and recorded in Official Records Book 4517 Page 0130. An
impact fee deferral was no longer required and any future owner will be responsible for payment of the
impact fees when commencing construction.
Execution of this amended release oflien will:
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1. Clarify the execution date of the impact fee deferral being released - The recorded release of lien
states "bearing the date the 24th day of October, 2007". The correct and amended language reads
"bearing the date of July 13, 2007, recorded October 24, 2007".
2. Correct the Official Records Citation - The recorded release of lien references Official Records
Book 4263 Page 3879. The correct and amended citation is Official Records Book 4295 Page
3298.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: Prior to December 11, 2009, staff routinely prepared, signed, and
recorded releas,es without the assistance of the County Attorney's Office, and without bringing releases to
the Board for approval. On December 11, 2009, the County Attorney advised that all releases are to be
signed by the Board. This item has been reviewed and approved by the County Attorney's Office, and
is legally sufficient for Board action. - JW
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign an amended release of
lien to correct date and official records citations of previously recorded impact fee deferral release oflien.
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PREPARED BY: Frank Ramsey, Housing Manager, Housing and Human Services
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... INSTR 4371336 OR 4517 PG 130 RECORDED 12/9/2009 10:15 AM PAGES 1
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $10.00
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Agenda Item No. 16D5
March 9, 2010
Page 2 of 8
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Prepared by:
Frank Ramsey
Collier County
Housing and Human Services Depl
3301 E. Tamiami Trail
Naples. FL 341112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
This RELEASE, dated December 2, 2009,
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 Marco Bay Homes,
LLC and Jamcs Obrochta to Collier County bear; Ih day ofOctobcr, 2007 A.D., recorded in Official
Records Book 4263, Page 3879, in the office of ;1M~ ourt of COLLIER County, State of Florida,
hereby does remise, release, quitclaim, exon IScharge r m t r~~ and operation of the said agreement, that
certain portion of the premises conveyed len, more particularly ~r ed as follows:
ATE ESTATES, ACCORDING TO
PUBLIC RECORDS OF COLLIER
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THE EAST 75' OF THE WEST 180' F
THEPLATTHEREOFRECORDE
COUNTY, FLORIDA.
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TO HAVE AND TO HOLD, The sam t
exonerated and discharged of and from
that nothing herein contained shall in an c,
hercby released there from, or any of the
Collier County
SIGNED IN THE PRESENCE OF THE FOLLOWING WITNESSES:
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Signature:
Print Name:
ousing & Human Services
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Signature: rl()C/
Print Name: Priscilta Doria
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By:
Marcy Krumbine, Director
State of FLORIDA
County of COLLIER
I am a notary public of the state of Florida , and my commission expires:
THE FOREGOING INSTRUMENT was acknowledged before me on JJec.unbe-,r J ,2009 by Marcy Krumbine,
- Direction Housing & Human Services, on behalf of Collier County. She is personally known to me.
Notary Seal
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4087710 OR: 4295~ndi28.&n No 16D5
DcomlD to O!!lClli OCOIDS of COLLIIl cou.l'l'!<llCh 9, 2010
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Housilll & Huma. Services
3301 Eo T..I..I Tlllil
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File# 07-IOI-IF
Tbis spltt for recording
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF tOO'\'. OF
COLLIER COUNTY IMP ACT FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this j tr' day Of~~~ 200 7, between Collier County, a
potitical subdivision of the State of Florida (COUNTY) and Marco Bay Homes, LLC. (BUILDER)
and James Obrochta (DEVELOPER), coUectivety stated as the "Parties."
NOW, THEREFORE, for good and vatuahle consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as foltows:
1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Ftorida, known as "The CoUier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shaU
appty.
2. The tegal description of the dw~iJiIiiR~t,<ta&Exhibit "A."
3. The term of this Agreemen l' ~v' issuance oft1J~eement until six (6) months after
issuance of the certificate O~y fQr the d~ling it(s
4. The amount of the impaot fe(, rre \ TY in full upon the sale of
the dwelling unit(s). un I ss e dw IIi g h uscholds meeting the criteria set
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forth in the Ordinance, ty e ;,.., s set forth in Exhibit "B," the
amount of the deferred i fees is Nineteen - ~ < uJ '- 0 Hundred Seven Three and
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98/100 Doltars (U 9.273.98J.Z r . /~ l.,
5. The deferred impact fees shalt ~~ !l~ii@'eWdeSCribed in Exhibit "A," which lien
may be foreclosed upon in the event 0 non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a tien against the dwelting unites). The tien shalt
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 from. Except as provided by law, regardless of any foreclosW"e on the first mortgage
or other security interest, this lien shall otherwise be superior and paramoWlt 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 limited to, a 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 equat to ten percent (to%) of the total impact fee imposed shalt be assessed,
and the COUNTY may, 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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OR: 4295 PG4.g3:l9S Item No. 1605
March 9,2010
Page 4 of 8
declare that the deferred impact fees are then in defautt and immediatety 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 calendar day basis untit paid.
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:
DWIGHT e. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
By:
10 Z-SI'U>o1-'
EIT ,Chairman
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Witnesses:
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STATE OF FLORIDA
COUNTY OF COLLIER
The ,fPfCgoiqg ins
by ~
known to me has produced
2007,
nally
[NOTARIAL SEAL
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of Notary Public)
Witnesses:
DEVELOPER, James Obrochta
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By: /kum/>./(}~/.tL
Pri@ame: James Obrochta
Title:
-
STATE OF r/~c".,
COUNTY OF C., I .. e r
The foregoing instrument was acknowledged before me this ~9f" day of ;f...", "'- ,2007,
by 14.- ,,~ Ob~" c:. " ,.. 4, as De. >oJ e./. f ~ r for James Obrochta, who is personally known
to me or has produced L as i . fie tio
[NOTARIAL SEALI
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NolaryPUblicS_olFlOriliI
AneneCMc:laughlil
My Commisskln 00559690
ExpltM 0Ml412010
Page 2 of2'3 ::H-
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end approv :
OR: 4295 PG.~e3JQatem No. 16D5
March 9, 2010
Page 5 of 8
h-<-
cy Krumbin. irector of
Housing & Hwnan Services
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OR: 4295 P~g~lt~MNo 1605
March 9, 2010
Page 6 of 8
EXHIBIT "A"
LEGAL DESCRIPTION
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Tbe East 75' oftbe West ISO' of Tract 115, Unit 79, Golden Gate Estates, according to pial
tbereof recorded in Plat Book 5, Page 17, of tbe Public Records of Collier County, Florida.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impad 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.
Amount Owed
$100.59
$1t2.68
$460.23
$935.00
$2,068.00
$8,228.00
$6,359.00
$725.00
$285.48
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::J:: SI9,273.98
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G. Road Impact Fee
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Agenda Item No. 1605
March 9, 2010
Page 7 of 8
Prepared by;
Frank Ramsey
Collier County
3301 E. Tamiami Trail
Naples, FL 34112
THIS SPACE FOR RECORDING
AMENDED 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 MARCO BAY HOMES, LLC AND JAMES OBROCHTA to COLLIER
COUNTY, bearing the date of July 13, 2007, recorded October 24, 2007 in Official Records Book 4295
Page 3298, 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:
THE EAST 75' OF THE WEST 180' OF TRACT 115, UNIT 79, GOLDEN GATE ESTATES,
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 17, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
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.
This AMENDED RELEASE OF LIEN corrects and replaces the RELEASE OF LIEN recorded
December 9, 2009 in Official Records Book 4517 Page 0130.
Dated this 9th day of March, 2010.
A TIEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal lciency:.
Jeff. right
Assistant County Attorney
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Agenda Item No. 1605
March 9, 2010
Page 8 of 8
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COLLIER COUNTY
BOARD OF COUNTY COMMISStONERS
Item Number:
Item Summary:
1605
Recommendation to approve and authorize the Chairman to sign an amended release of lien
to correct date and official records citations of previously recorded impact fee deferral release
of lien.
Meeting Date:
3/9/20109:00:00 AM
Prepared By
Frank Ramsey Manager - Housing Development Date
Public Services Division Human Services 2/22/20101 :55:23 PM
Approved By
Marcy Krumbine Director - Housing & Human Services Date
Public Services Division Human Services 2/22/20104:58 PM
Approved By
Marla Ramsey Administrator ~ Public Services Date
Public Services Division Public Services Division 2/23/2010 11 :06 AM
.- Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 2/23/20101:33 PM
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 2/24/20103:12 PM
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 2/25/20109:51 AM
Approved By
Sherry Pryor Managementl Budget Analyst, Senior Date
Office of Management & Office of Management & Budget 2/25/201012:12 PM
Budget
Approved By
Mark Isackson Management/Budget Analyst, Senior Date
Office of Management & Office of Management & Budget 2/27/20101:39 PM
Budget
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