Agenda 09/14/2010 Item #16D14
Agenda Item No. 16014
September 14, 2010
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign an amended release of lien to
correct the Official Records Book and Page number recorded on a previous impact fee deferral
release of lien.
OBJECTIVE: To approve and authorize the Chairman to sign an amended release of lien to correct the
Official Records Book and Page number recorded on a previous impact fee deferral release of lien.
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, Habitat for
Humanity of Collier County, Inc. 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 4409 Page 1125, of the Public Records of Collier County.
A release of lien was processed, approved and recorded in Official Records Book 4537 Page 204. 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 of lien will:
1. Correct the Official Records Book and Page number - The recorded release of lien references
Official Records Book 4444 Page 3034. The correct and amended is Official Records Book 4409
Page 1125.
The agreement incorrectly referenced in the original release of lien was also eligible for a release of lien.
As such, there is no need to take further action relating to the agreement incorrectly referenced.
FISCAL IMPACT: None.
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. It 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 of lien.
PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services
Agenda Item No. 16014
September 14, 2010
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16014
Recommendation to approve and authorize the Chairman to sign an amended release of lien
to correct the Official Records Book and Page number recorded on a previous impact fee
deferral release of lien.
Meeting Date:
9/14/20109:00:00 AM
Prepared By
Frank Ramsey
Manager - Housing Development
Date
Public Services Division
Human Services
8/25/20109:18:17 AM
Approved By
Marcy Krumbine
Director - Housing & Human Services
Date
Public Services Division
Human Services
8/25/201011 :27 AM
Approved By
Marla Ramsey
Administrator - Public Services
Date
Public Services Division
Public Services Division
8/25/20103:26 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
8/25/20103:28 PM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
9/1/201011 :55 AM
Approved By
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
9/1/20102:11 PM
Approved By
Sherry Pryor
Office of Management &
Budget
Management! Budget Analyst, Senior
Date
Office of Management & Budget
9/7/201010:11 AM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
9/7/201011:07 AM
Agenda Item No. 16014
September 14, 2010
Page 3 of 13
Prepared by:
frank Ramsey
Collier County
Housing and Human Services Dept
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 HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. to COLLIER
COUNTY, bearing the date of November 18,2008, recorded November 21. 2008 in Official Records
Book 4409 Page 1125, 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
ofthe premises conveyed by said lien, more particularly described as follows:
LOT 66, TRAIL RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
44, PAGES 71 THROUGH 77, INCLUSIVE, 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
February 12,2010 in Official Records Book 4537 Page 204.
Dated this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER C01.JNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and
leg~l 1.Ciency: t 1-
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Jeff\E.. W \iQ:ht
'- /' -
Assistant County Attorney
Agenda Item No. 16014
September 14, 2010
Page 4 of 13
l).~ '0' 'I'/J't?:,);'r' '. "wralg'. h: t',
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MEMORANDUM
PURCHASER Jerry Jean and Myrta Francois
ADDRESS 13541 Koinonia DrIve, Naples, FL 34114
SELLER Habitat for Humanity of Collier County, Inc.
DATE February 23,2010
CLOSED
DATE March 1,2010
RECORDED
MEMO March 19,2010
DATE
Norma:
On this file, I have found an error on the Release which was filed by the County, They incorrectly
released the Lien recorded at OR 4444, Page 3034 (which was on Lot 14, Blk 4, Naples Manor) when it
should ~ave be~.n the Lien recorded at OR 4409, Page 1125. For your reference, I have enclosed a
copy oJPUrt.18nsand the Release. Will you please have them correct this. Thanks.
,
(po. el'wright
Sue H. Smith FRP
Florida Registered Paralegal
Commercial Real Estate & Post Closing
Porter Wright Morris & Arthur LLP
9132 Strada Place, Third Floor
Naples, Florida 34108
Direct Dial: 239.593.2928 I Fax; 239.693.2990
shsmlth@porlerwrlght.com
*** INSTR 4394351 OR 4537 PG 204 RECORDED 2/12/2010 10:44 AM PAGES 1
DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
REC $10.00
**..Agenda Item No. 16014
September 14, 2010
Page 5 of 13
Prepared by:
Frank Ramsey
Collier County
HousIng and Human Services Depl
3301 B. Tamlaml Trail
Naples, FL 34112
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THIS SPACE FOR RECORDING
RELEASE OF LIE~
KNOW ALL MEN BY THESE PRESENTS: That Colller qZty, whose post office address is 3301 E.
Tamiami Trnil, Naples, Florida 34112, the owner(s)~l}.ctholder(t),Q[ a certain Impact Fee Agreement
executed by Habitat for Humanity of Collier CouBn'~-tifc. to Collicr'C~unty, recorded the 2111
day of November, 2008 in Official Records Bo~~ 4444, Page 3034~. 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 ce ~f..t e premises conveyed by said lien, more
particularly described as follows: -{ y~~U t.J;V
oy :r
Lot 66, Trail Ridge, according t nt thereof, as recorda n P t Book 44, Pages 71 through 77,
OF THE PUBLIC RECORD TY, 0 A' (13541 Koinonia Drive,
Naples, FlorIda 34114)
The undersigned is authori
named property, and consen
property.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~ W. ~ 02/09/2010
FRED W. COYLE, CHAr AN
Approved as to form and
legal ficiency:
Je E. right
Assist~t County Attorney
RttvrII to
4284526
RBCORDED in OFfICIAL RECORDS of COLLIIR COURTY, PL
04/11/2009 at O':13AX DWIGHT B. BROel, CLER~
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COPUS
Agenda Item No. 16014
OR: (ffr1fG~~~(fi4~
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3301 E Tamlaml Trail
Napla, FL 34IU
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CLBRI TD THB BOARD
IX'BROPPICB 47H PLOOR
Blf 8m
File# 09-101-IF
Tbls spa<< for recordl Dg
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACf FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 14th day of April, 2009, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collectively stated as the "Parties,"
NOW, THEREFORE, for good . ~i ration, the receipt and sufficiency of
which is mutualJy acknowledged, W ~~~~
I. This Lien Agreement is de 0 Chapter 74 ~~ de of Laws and Ordinances of
Collier County, Florida, 0 n as II eH'er 0 ty Co soli ated Impact Fee Ordinance"
(Ordinance). In the e ent o~t t hi nt, the tenns of the Ordinance
shall apply, () . U
2, The legal description of
3, The tenn of this 'Agreem from issuance of ent until six (6) months after
issuance of the certificate of ~ 'I~~~Y s),
4. The amount of the impact fees de ~the COUNTY in full upon the sale of
the dwelling unites), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B,ll the
amount of the deferred impact fees is Twenty Two Thousand Five Hundred Seventy One and
3011 00 Dollars ($22.571.30),
5. The deferred impact fees shall be a lien on the property described in Exhibit "A, II which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unites). The lien shall
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 foreclosure on the first
1
Agenda Item No. 16014
OR: 44ff~~O~~?~~
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 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 equal to ten percent (10%) of the total impact fee imposed shall 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
, declare that the deferred impac~~ efault and immediately due and payable,
The COUNTY shall be enti t')~~0V'erlfI costs, including attorney's fee and
costs, incurred by the C ~TY in enforcing this re ent, plus interest at the then
maximum statutory ra for j~ d on ea endar day basis until paid.
DEVELOPER will sell the wil be verified, documented and
8.
9.
COUNTY.
IN WITNESS WHEREOF, the Parties havejexecuted this Agreement on the date and year
first above written.
Attest:
DWIGHT~ ~~~,..Clerk
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By: ~.;~, ~.~;., . OL.
,.' ",. 'ft'rv.~lftyClerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
d~
By
2
Agenda Item No. 16014
OR: 444f1fff~~Q~~~~~
WrtNESSES: ~
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Print Name: ~")o{'\ \C 1 ~'{( ( ~()~
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day of March, 2009, by
Approved as to fonn
and legal sufficiency:
Recommended Approval:
M5L~4J- ~
Director - Housing and Human Services
~~Q
Colleen Greene
Assistant County Attorney
3
Agenda Item No. 16014
*** OR: 44ffP~~~~~t~rl*
EXHIBIT "Au
/,;:-;'7~-'~'<::~:-:::::::-------------~-",,\. LEGAL DESCRIPTION
(/"-/ Lot 14, Block 4, Naples l}anor Addition, according to the map or plat thereofas recorded in Plat
B7age(s) 67, Publle Records of Collier County, Florida.
',,- / STREET ADDRESS
....... ".....-
."_M_..., _____ ~ ~~_~
5249 Hardee Street, Naples, Florida 34113
EXHIBIT "B"
IMPACT FEE BREAKDOWN
E.
Amount Owed
A. EMS Impact Fee
$112.46
$122.36
$503.49
$1,075.25
F.
$2,378.20
$9,026.12
$8,247.62
$796.05
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
$309.75
TOTAL IMP ACT FEES
$22,571.30
4
_1
I
Retun to
4234640 o~e!lV1~'4:t~2P
RBCORDED 10 OFFICIAL RlCORDS of tOOwRl ~ooj~ lL
11/21i2008 at Dl:31PK DiIGHT E, BROCK, CLERK
RBC FBB 35.50
COPIBS 4,00
4
Fr..1t Ra-.ey
IDIS
3301 E Tamia..1 Trail
Napl~ FL34112
FiIe# 09-032-IF
Reto:
CLBRI TO THB BOARD
IHTEROFFICB 4TH FLOOR
BIT 7240
Tbil IJIlIl:e for recordiac
LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF
COLLIER COUNTY IMP ACf FEES FOR OWNER OCCUPIED AFFORDABLE
HOUSING DWELLING UNITS
This Agreement is entered into this 18th day of November, 2008, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier
County, Inc." (DEVELOPER) collectively stated as the "Parties."
NOW, THEREFORE, for good Y:DiB '.~. ideration, the receipt and sufficiency of
which is mutually acknowledged, ~~ 'J-:.
I. This Uen Agreement is mot.~t to Chapter 740 the ode of Laws and Ordinances of
Collier County, Florida, /.no ~ty c~nskdated Impact Fee Ordinanee"
(Ordinance). In the evfl n.. t ! qH'IFt ,. thl~pte~. the terms of the Ordinance
shall apply. \ n. \~ U ill!;;!
2. The legal description of~welling unit is attac p as)E~ iliA."
3. The term of this Agreem~~m issuance J~. ~9 ment until six (6) months after
. fth.fi f"-: r~th ....-., "2( )
ISsuance 0 e certl cate 0 .~. ,)Mllt s .
4. The amount of the impact fees d:~~~ the COUNTY in full upon the sale of
the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set
forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the
amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and
96/100 Dollars ($22.325.96).
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit(s). The lien shall
terminRte 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 foreclosure on the first
OR: 44~~~t~~~~~~~~6
Page 11 of 13
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 perso~ 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 equal to ten percent (10%) of the total impact fee imposed shall 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
declare that the deferred impact ~.i!! default and immediately due and payable.
The COqNTY sbal1 be entitl~~ 1 . . ~ costs, including attorney's fee and
costs... incurred by the C~ in enforcing this . ent, plus interest at the then
o _/e. /.,\dlYft\ " \n 1 dar cia baso 01 od
maxtmum statutory ratq lOr J~en' on a ~en y IS untJ. pal.
DEVELOPER will sell ~e I. ~ . ~l be verified, documented and
kept on file at the Offi~cb(\~~.S+~S') t-.1f ~e developer fails to comply
with the terms of the <iu\ent, or the unit c~ to be u~ for affordable housing, or is
. ~\ ~ ) /-); .' .
not sold to legal reSidents, \~...... I amount of defewed ~.. ;fees shall be munediately repa1d
~r . ....,.~ \..)/
to the County, including all ~ . " interest and~.;i
8. This Agreement is the sole ~m6;-L~~es 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:
DWIGHTE.'SROCK, Clerk
-.\. -.''''
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT FLORIDA
BY~_~~4Ai ,:;~r~ Clerk
. AtteSt:~., to
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By:
an
OR: ~~t~~1'J,~~~6
Page 12 of 13
BY:
WITNESSES:
~
Print N: / /- /(k(~' (I /c'~ ~Yc,k.'
[NOTARIAL SEAL]
(vU'~
Approved as to form
and legal sufficiency:
Recommended Approval:
I r~~
4~
Director - Housing and Human Services
~~
I
Colleen Greene
Assistant County Attorney
*** OR: t4~~~e~1~~~**
Page 13 of 13
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 66, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77,
inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
13541 Koinonia Drive, Naples, Florida 34114
EXlDBIT "8"
IMPACT FEE BREAKDOWN
. Type of 1m pm Fee ~ AmountOwed
/'G'1- J---\
A. EMS Impact Fee ;" ~~" --J'I \
B. Correctional Facilities 'm~CID~ \V \
C. Library Impact Fee W'J KG 0 W 11 ) t I
D C . P ks Im ("' '<lJ:/ II I'~ J
. ommumty ar p \Iee ~~ I ! _.if
\..p ~ 'i~ /~O/
~~" -....",1 I
E. Regional Parks Impact F f r '- . //;'< ~/
U^~ /,:\'/
'>!,., --,,------ "'.'\.\../"
F. Educational Facilities System Iri1pac1.1~ Cn~....../
--
G. Road Impact Fee
H. Government Building Impact Fee
I. Law Enforcement Impact Fee
J. Water Impact Fee
K. Sewer Impact Fee
TOTAL IMPACT FEES
$112.46
$66.97
$402.79
$862.50
$1,907.85
$3,139.61
$7,858.52
. $450.18
$186.20
$3,616.49
$3,722.39
522,325.96