Agenda 10/27/2020 Item #16D 4 (Release of Lien)10/27/2020
16.D.4
EXECUTIVE SUMMARY
Recommendation to approve one (1) Release of Lien for full payment of $8,947.84, pursuant to
Agreement for Deferral of 100% of Collier County Impact Fees for Owner -occupied Affordable
Housing Dwellings.
OBJECTIVE: To support the affordability of housing in Collier County through the County's Impact
Fee Deferral program.
CONSIDERATIONS: Pursuant to Article IV of Chapter 74 of the Collier County Code of Ordinances,
the County may defer the payment of the impact fees for any new owner -occupied unit which qualifies as
affordable housing.
Section 74-401(a) (3) of the Code authorizes the County Manager to enter into an impact fee deferral
agreement with the developer, homeowner, or applicant. The deferred impact fees shall be a lien on the
property and the agreement shall be accepted by the County in lieu of prompt payment of the impact fee
that would otherwise be due and payable but for the agreement.
The Countywide Impact Fee (CWIF) repayment obligation has been fulfilled and a release of the lien is
needed. The following table contains details about the CWIF lien associated with this Item.
File #
Recorded
Date
OR
Book/Page
Legal/Address
Developer/
Owners Name
Amount of Lien
06-017IF
09/08/2006
4102/2390
Lot 105, Building
Joseph E. Torres
$7,158.27 - Original
8, Botanical Place,
Lien $ 1,789.57 -
A Condominium;
Interest $8,947.84
AKA Unit 8105,
Total Paid
Botanical Place.
FISCAL IMPACT: A total of $8,947.84 was paid to Collier County and deposited in the various Growth
Management Impact Fee Accounts. The total amount represents $7,158.27 in Impact Fees paid and
$1,789.57 in accumulated interest income. Recording fees of $10 per Satisfaction of Lien have been paid
by the party.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and required a majority vote
for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: The Impact Fee Deferral program assists the County in
meeting some of the Housing Goals and Objectives in the Growth Management plan.
RECOMMENDATION: To approve one (1) Release of Lien for full payment pursuant to Agreement for
Deferral of 100% of Collier County Impact Fees for Owner -occupied Affordable Housing Dwellings.
Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. Release of Lien- Torres, Joseph (PDF)
2. Backup Does CWIF - Torres (PDF)
Packet Pg. 1162
16. D.4
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.4
Doe ID: 13717
Item Summary: Recommendation to approve one (1) Release of Lien for full payment of
$8,947.84, pursuant to Agreement for Deferral of 100% of Collier County Impact Fees for Owner -
occupied Affordable Housing Dwellings.
Meeting Date: 10/27/2020
Prepared by:
Title: Grants Coordinator — Community & Human Services
Name: Lisa Carr
09/29/2020 11:00 AM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
09/29/2020 11:00 AM
Approved By:
Review:
Community & Human Services
Cormac Giblin
Additional Reviewer
Community & Human Services
Kristi Sonntag
CHS Review
Community & Human Services
Maggie Lopez
Additional Reviewer
Community & Human Services
Jose Alvarado
Additional Reviewer
Operations & Veteran Services
Kimberley Grant
Level 1 Reviewer
Public Services Department
Todd Henry
Level 1 Division Reviewer
Grants
Erica Robinson
Level 2 Grants Review
Public Services Department
Steve Carnell
Level 2 Division Administrator Review
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
Budget and Management Office
Ed Finn
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Geoffrey Willig
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
09/29/2020 4:11 PM
Completed
10/03/2020 9:45 AM
Completed
10/05/2020 5:34 PM
Completed
10/06/2020 8:15 AM
Completed
10/06/2020 4:47 PM
Completed
10/07/2020 3:42 PM
Completed
10/12/2020 8:37 AM
Completed
10/13/2020 11:53 AM
Completed
10/16/2020 10:39 AM
Completed
10/16/2020 11:29 AM
Completed
10/16/2020 1:05 PM
Completed
10/16/2020 6:28 PM
Completed
10/19/2020 11:34 AM
Completed
10/19/2020 4:33 PM
10/27/2020 9:00 AM
Packet Pg. 1163
16.D.4.a
Prepared by: Maria Aldana
Collier County Community and Human Services
3339 E. Tamiami 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
3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien
Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable
Housing Dwelling (the "Impact Fee Lien") executed by Joseph E. Torres, to COLLIER COUNTY,
recorded on 09/08/2006 in Official Records Book 4102, Page 2390 of the Public Records of Collier
County, Florida, in consideration of $8,947.84 ($7,158.27 plus interest) having met the term is
hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the Impact
Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described
as follows:
UNIT 105, BUILDING 8, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING TO THE
DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK
3933, PAGE 2655 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
The undersigned is authorized to and does hereby satisfy and 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 Release of Lien was approved by the Board of County Commissioners on ,
Agenda Item Number
ATTEST:
CRYSTAL K. KINZEL, CLERK
, DEPUTY CLERIC
Approved for form and legality:
Jennifer A. Belpedio
Assistant County Attorney
V
r
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LOW
BURT L. SAUNDERS, CHAIRMAN
Packet Pg. 1164
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Public Services Department
Community & Human Services Division
August 26, 2020
Sarah Stielil
Escrow Agent
5150 Tamiami Trail N, Ste, 603
Naples, FL 34103
Re; Payoff Letter — Joseph E. Torres
4430 Botanical Place Cir. #l05
Naples, FL 34112-Unit 8-105
Botanical Place
Payoff #1
Mortgage/Lien Type
Date
Recorded
OR
Boolc/Pa e
Amount Due
SHIP Second Mortgage - File 405-090
10/02/2006
41 14/2130
$19,500.00
Payoff #2
Mortgage/Lien Type
Date
OR
Total Amount
Recorded
Book/Page
Due
Affordable Housing Density Banus
10/02/2006
4177/0377
$0.00
Lien Agreement
Payoff #3
Lien Agreement Type
Date
OR
Amount Due
Recorded
13001c/Pa ge
Countywide Impact Fee
09/08/2006
4102/2390
$7,158.27 — Original Lien
Deferral - File 906-
$1,789.57 — Interest*
0171E
$8,947.84 - TOTAL
*Repayment shall I11Clude any accrued interest. Interest shall be computcd at the rate of five percent
(5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount.
This pay-off amount is good through October 25, 2020.
(D
Community & Human Services Division - 3339 Tamiami Trail East, Suito 211- Naples, Florida 34112-5361
239-252-CARE (2273) , 239.252-CAFE (2233) • 239-252-4230 (RSVP) • mi. colher9ov.ndhumanservices
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No payment Nvill be required until the property is sold, transferred, refinanced, no longer
homesteaded, or is no longer the primary residence of the homebuyer. At that time the balance of
the loan is due and payable,
Payment should be made to "Collier County Board of CoulLty. Commissioners" and delivered
to:
Community & Human Services Division
Attn: Lisa Carr- pay-off
3339 E. Tamiarni Trail, Suite 211, Naples, FL 34112
Please include a separate elrecic ill the amount of $10,00 for each as off amount made payable
to: Collier Coun , Board of Coll-Ilty Commissioners for the cost of recording.
Sincerely,
Lisa N. Carr
Senior Grants Coordinator
Packet Pg. 1166
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3899160 OR: 4102 PG; 2390
RICORDID In OFFICIAL RICORDS Of COLLAR COMT, PL
09/08/2006 at 02;IOPN DWIGHT I. BROC1, CLIR1
Be 111 21,00
Return to Retn:
Lauren Beard OPIRATIOIAL SUPPORT i HOUSIIG
CoHier County nSn LAURIN BIARD
2800 K, Iformhoe Brive INIHOPPICI
Naples, FL 34104
F110 06-017-IF
This apace for recording
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this J day of August, 2006, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Joseph E. Torres (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dweller rpisa�a died as Exhibit "A."
1The term of this Agreement
im 'e'date set fo Tab ee until the impact fee is repaid,
4. The amount of the impa%t f deferred shall be pai o tti COUNTY in full upon: a) the
sale of the dwelling un'f; b the elf Urn in of th dwells g it; c) a loss of the homestead
exemption; or d the rrst c u c le o s or f an art of the affected real
p } yp
property, and in any su e>L1t- Ie � pact a paid in full to the COUNTY
not later then the closin tat a sale, or not later cn c ive date of the transfer. As set
forth in Exhibit 131" them unt of the defe fees is Seven Thousand, One
Hundred Fift -Ei t dollars fl'27. 00-($ir158,V epayment shall include any accrued
interest. Interest shall be computed- at�eCra e of five percent S /o p p (o) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
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. 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. 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 evidencing 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 after written notice is provided to the OWNER, the COUNTY
may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
Page 1 of
Packet Pg. 1167
OR: 4102 PG; 2391
then in default and inunediately 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 year basis until paid.
8. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER'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.
OWNER:
WMgses;
Print Name AtrZi6iA 6. 76,9ph , Torres
W' sses:
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P t arr�
V,U
ALI
STATE OF FLORIDA ��
COUNTY OF COLLIER 10 M
The foregoing Agreeme f w �kn ledged before thi /o day of August, 2006, by r
Joseph E. Torres, who are pe son IIyE'lcsto n tI r produ�ed as N
identification
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'c° ""0"9 r (Print Name t Public) rn
G�o�a 'as o" n Expires:
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COLLIER COUNTY, FLORIDA
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JAOES V. MUDD, COUJWY MA14AGER
STATE OF FLORIDA
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COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this J1s day of August, 2006, by
James V. Mudd, County Manager, on behalf of the C UNTY, who is personally known to me. Q
[NOTARIAL SEAL]
(Signature of No Public) M
4Lauren J. -Beard
Commission UDD159084
rivii es: Oct 24, 2006 � . c l rtr. 6 eG 1-8
MrWed nu„ (Print Name of Notary Public)
Manai D ndingCo.,G,c
Commission Number:
My Commission Expires:
A rov d to form and Recommend approv 1:
ie l I e cy:
Je A latzkow Denton Baker, Director of
Assi tant unty Attorney Operational Support & Housing
Page 2 of 2 1 Packet Pg. 1168
1 � .
*** OR: 4102 PG; 2392 ***
EXHIBIT "A"
LEGAL DESCRIPTION
UNIT 105, BUILDING 8, BOTANICAL PLACE, A CONDOMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF
RECORDED IN OFFICIAL RECORDS HOOK 3933, PAGE 2655, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA,
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact 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. Educational Facilities Syste®�%P-
G. Road Impact Fee 1
H. Government Buildin ala-ec
1. Sewer Impact Fee 7, f
TOT, -I. PACT FEES ^�
�t C�
3AK Approved ___! !_
Amount Owed
$93.00
$117.98
$166.90
$561.70
$560.68
$827.00
$2,662.00
$159.01
$2,010.00
$7,158.27
Packet Pg. 1169
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