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Agenda 09/28/2010 Item #16D13 Agenda Item No. 16D13 September 28, 2010 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an Amendment to Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units to correct the lot number and street address of a previously recorded Agreement. OBJECTIVE: To approve and authorize the Chairman to sign an Amendment to Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units to correct the lot number and street address on previously recorded lien agreement. 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, Rebeca Gordon Silot 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 4511 Page 197, of the Public Records of Collier County. Following Board approval, staff determined that the lot number and street address was incorrectly listed in the agreement. Execution of this amendment will correct the following: I. Page Four, Exhibit "A": Legal Description bet-8~ Lot 79, 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. 2. Page Four, Exhibit "A": Street Address: ~ 13593 Koinonia Drive, Naples, Florida 34114. 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. - JBW STAFF RECOMMENDATION: To approve and authorize the Chairman to sign an Amendment to Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units to correct the lot number and street address on previously recorded lien agreement. PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services Agenda Item No. 16013 September 28,2010 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16013 Meeting Date: Recommendation to approve and authorize the Chairman to sign an Amendment to Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units to correct the lot number and street address of a previously recorded Agreement. 9/28/20109:00:00 AM Prepared By Frank Ramsey Manager. Housing Development Date Public Services Division Human Services 9/13/201011:53:12 AM Approved By Marcy Krumbine Director - Housing & Human Services Date Public Services Division Human Services 9/13/20102:08 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 9/15/201011:30 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 9/15/201011:52 AM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 9/17/20101:37 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 9/17/20101:43 PM Approved By Jeff Klatzkow County Attorney Date 9/17/2010 3:25 PM Approved By Sherry Pryor Office of Management & Budget Management! Budget Analyst, Senior Date Office of Management & Budget 9/17/20104:40 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 9118/20101:40 PM INSTR 4364694 OR 4511 PG 197 RECORDED 11/18/2009 3:43 PM PAGES 4 DWIGHT E. BROCK, CDLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $35.50 Agenda Item No. 16013 September 28.2010 Page 3 of 8 Returnio Fnak Ramsey Collier Couph' HHS 3301 E. Taml~mi Trail Naples, Florida 34112 File# 10.015- IF This space ror recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this loth day of November, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Rebeca Gordoo Silot" (OWNER), collectively stated as the "Parties." /___-_._ NOW, THEREFORE, for gq0d~~~~ion, the receipt and sufficiency of ./,0// --....~/',' which is mutually acknowledged"t~.irfties agree as follows:"<:'\ 1. This Lieo Agreement i7'magepq[S\lil~! ~1'l<;f\4 oftll<(, C6~e of Laws and Ordinances of Collier Couoty, Florid~, k~ "~~' ~olidated Impact Fee Ordinance" IT I '\\/ I \ \ ~ ) \ VI \ \ (Ordinance). In the ~en t\of\any. conflIct "fr'it IS l\gr~em' ~nt'l!the terms of the Ordinance \,-\\ \. ~1\ \.1' / i' '~-r )"-1 I"\",~/",~-, ~", shall apply. \ ~ \ ---' '.~ ", .- ::::" / \.. .. '- "'-', i r "~ I 2. The legal description o~~~elling unit is alta~a~'E/xb~t"A." 3. The term of this Agreemen(~sJ!am the date set forth;i?~Ve'.until the impact fee is repaid. -"" ( ) r'~.., /~ " '" ",r "'-, /-." ". -~~----------'"~"\ \, '" /~ 4. The amount of the impact fees~rii&ihtll)\!fu..Paitrt~ the COUNTY in full upon: a) the -- sale of the dwelliog unit; b) thc refinaociog of the dwelliog uoit; c) a loss of the homestead exemption; or d) the first occurrence of any sale or transfer of any part of the affected real property, and in any such eveot the deferred impact fees shall be paid in full to the COUNTY oot later then the closing ofthc sale, or not later then the effective date of the transfer. As set forth in Exhibit "B," the amount of the deferred impact fees is Tweotv Two Thousand Three Hundred Twentv Five aod 96/] 00 Dollars ($22.325.96). Repayment shall include any accrued ioterest. Interest shall be computed at the rate of five percent (5%) per anoum, but in no event shall it exceed tweoty.five percent (25%) ofthe total fee amount. 5. The deferred impact fees shall be a lieo 00 the property described in Exhibit "A," which Iieo may be foreclosed upon io the event of non.compliance with the Ordinaoce or with this Agreement. This Agreement shall operate as a lieo against the dwelling unit. The Iieo shall OR 4511 PG 198 Agenda Item No. 16013 September 28, 2010 Page 4 of 8 tenninate 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 Agreemeot shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first 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 evidcncing same. . 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days aft"Yf{~~~ovided to the OWNER, the COUNTY may, at its sole option, collp,..;~\~~d~~cfault as set forth in the Ordinaoce, ~~ ~~, or bring a civil action t~/n~~ this A~reeme~ or d~re '~t the deferred impact fees are then in default aod im1edi el~d~~he C~Tr shall be entitled to recover all fees and costs, inciLdi. afirlr~tll~~~~~~d bl' the COUNTY in enforcing this Agreement, plus i~lej'b ~l..llJe,~~m st ~ttry}re!fOr judgments calculated on a calendar year basis Uft~id. ). I /$1 8. This Agreement is the ~r~\reement between tj\1:\aftie{~ respect to the subject matter herein, and shall be bindio~"i.~OWNER~~~nd assigns in interest. ".t- I' ----- ~.\) /' 9. This Agreement shall be recorll~~rds 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. BOARD OF COUNTY COMMISSIONERS COLLlERt~LOd' _ By: ~~ ~loa009 DONNA FIALA, CHAIRMAN 2 OR 4511 PG 199 Agenda Item No. 16013 September 28,2010 Page 5 of 8 WITNESSES Witnesses:~~ Priot Nam'e 'f'f'o-eJN, OWNER: ~nSilot OWNER: W~ ~~ P mt Name }Jllrm Idee.. - ' . STATE OF FLORIDA) COUNTY OF COLLIER) ....--.~ . /;\;bR COri"> Thefo,!egoing A ree eot ,>'!/; / ..;:~~~~),1s...l1..... day of (JdJ,d , 2009, by e. \::)" ,/.".f who is personally, knt!wn to me or has produced I /. ja.~= '--asPfflhf of idei1t;ity. \ \\\\'11I""1I'1 I / -\~\. h \ \ ,,"'\..0 RA. r::",,- ('rn(~,~)~\ \ \ \ ~~Wir~J(I\1 I I'. ! s 0 ...~ c..,,\l" \ '~\ ~ '\ . ttfr.e.hf Pe -_' C t(\1\\~".o'" .....- i \' = c... \1.1 (\ '9 'lOw: :'. .., ~ - . ,"I\U\\'" ..,,~t.. -,.....,.. "\,1\ ~ ~ "OO~9u~ :~S\.,,\ . ~ -. ~o. . () :: "~,.I \ 1'f" -;... u~..",\CJ."~$ \1/ "_ '-1-1, APprOveil;.A~f;Ilr:J<'::\"O"~ \.Cr.." Reco merid"'ppr val: and legal s." l' rGY ~,\\\\\"'< -)j> ''',~ /"" ,,~/ tii1'Il\' ,~ ^t-- I _ ~ ',"-, ,/ alIA -< lil' i"i L;/ C(i(JQr;, ~ '--:... ~, v: Colleen G:e;;oe arcy Krumbi Assistant County Attorney Director Collier County Housing and Human Services J 3 *** OR 4511 PG 200 *** EXHIBIT "A" LEGAL DESCRIPTION Agenda Item No. 16013 September 28, 2010 Page 6 of 8 Lot 82, 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 13605 Koinonia Drive, Naples, Florida 34114 EXHIBIT "B" ~--- ~~ ~4.')- I~~?~~~ /{I..~~/ ''Z)-'\ . "';/ " \ A. EMS :,':~m"./~ fr(ffij ~ \ r"' Ow,. R Com.ti'''F';liti'"~~ 1\ if!g; C. Library Impact Fee \1' \i~ I /.01 ,/'-'\ ....,,/\.../ D. Community Parks Impact ~>:-~dy "'lJJ..E erR L // E. Regional Parks Impact Fee ---~ F. Educational Facilities System Impact Fee 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 $22,325.96 4 Agenda Item No. 16D13 September 28.2010 Page 7 of 8 Pn:rmred hy. Frank Ramse> Collier Count~ H[)u~ing and Human Services 3301 E. Tallla\ni Trail Naples.FL34112 THIS SPACE FOR RECORDING AMENDMENT TO LIEN AGREEMENT FOR DF:FERRAL OF 100%, OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Amendment to Lien Agreement Jllr Deferml 01' 1000,;, of Collier Count, Impact Fees For Owner Occupied Affordable Housing Dwelling Units (hereinafter "Amendment") is entered into this _ day of __._._' 20 I O. between Collier County, a political subdivision of the State of Florida (hereinafter "COUNTY") and Rebeca Gordon Silot (hereinafter "OWNER") collectively stated as the "Panies", NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged. the Panies agree as t()lIows: l. LIEN AGREEMENT. OWNER has given to the COUNTY a lien agreement recorded on November IS. 2009 at OR Book 4511 Page 197. of the Public Records of Collier County, Florida (hereinafter "Agreement"i. OWNER warrants that it is still the owner of the property. COUNTY warrants that it is still owner and holder of said Agreement. Parties warrant they have good right and authorit, to cnler into the Amendment. '1 'vlODIFICATION. In consideration of the mutual covenants herein and other good and valuable considerations. the Panics agree that this Agreement is modified. The additions to the existing language in the Agreement are ShtlWn herein hy underlinin!..! and deletions from the A.greement are shown by ;;triketlu:"il:l;;h.; as fc)llows: . Page Four. Exhibit "A ": Legal DescripTion ~ l.ot 79, Trail Ridge, according to thc plat thereof. as recorded in Pial Boo~ 44, Pages 7] throllgh 77. inclusive. of the Public Records or Collier COllnty. Florida. . Page Four. b.:hibit "A": Street Address: ~ 1:;<<)3 Koinonia Drive, Naples. Florida 34114 3. OTHER TERI\1S. Not\\'ithstanding anything 10 the contrary herein or in the Agreement, the lien and operation of the Agreement shall eonlinue in full force and efrect except as modified hy this. Amendment. All other terms of said note and mortgage remain unchanged. 4. COI\1PLlANC~.. The OWNER covenants and agrees to perform. comply "ith. and abide by each and everyone ufthe pn)\'isioJ1s of the Agreement. as modified hereh)'. !\j~':, i U ~ :: Agenda Item No. 16013 September 28,2010 Page 8 of 8 5. AGREEMENT BINDING. This Amendment shall be binding upon and inure to the benefit of the heirs. lega] representatives. and assigns of the OWNER and to the successors and assigns of the COUNTY. 6. RECORDING. The County, at its own expense, will record the Amendment with the Clerk of Courts. IN WITNESS WHEREOF. the Parties have executed this Ameodment to be executed as oftbe date first above written. COUNTY: Attest: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. . Deputy Clerk '1} )/l,:-{ tilL. OWNER: .. '~ By: ,/-7 REB' A GORDON SILOT Signature I PrintNall1e~' ~(lI,f.y-t! 11&1on~ /'J../ /7 J :~/L-&.~N6-e! ".::Zu.-- :i:;J __~"_,.__ Si'gnature 11 ~ f , - ,.--- Print Name: M1!,rv1<..t _L;;~~-.:J.-,--::__h~ STATE OF FLORIDA COUNTY OF COLLIER The forgoing instrument 'vvas ackno\\< ledged before me this j it, day of i! J ':~ . . 20 I O. by Rebeca Gordon Silo!' as OWNER. who is personally koown to me or bas 'roduced . ..,.,a~,identitication. [ l> /:',,// ) ,~/ /'cc>:.r,w- .,~UL. 1.1:..'1 Sign~ture of Notaryl, Public ...-:. .' f'-...J Q.:-="'.'{.=..&ru::=_..l..(~L':o.. Print Name of Notary Public [NOTARY SEAl.:] Approved as to fiJrJ)1.... and legal sufficienc)/:""ffj '"'iD'lJl~ .Ienniffir B. White .--- Assistant County Attorney Recom;nended Appr')val: ( ) ~<. c,/' _ ,..' . -~---' -,,->~,-,,-,.,-_../' ---"'-~ Mal-cy Krumbinc' Director - Housing. Human and Veterao Services Pa,'c 2 ll~-::