Agenda 04/27/2021 Item #16F 1 (Release of Lien for New Hope Ministries, Inc.)16.F.1
04/27/2021
EXECUTIVE SUMMARY
Recommendation to approve a Satisfaction and Release of Lien for New Hope Ministries,
Inc., due to the impact fees being paid in full in accordance with the Charitable
Organization Impact Fee Deferral Program, as set forth by Section 74-203(I) of the
Collier County Code of Laws and Ordinances.
OBJECTIVE: That the Board of County Commissioners (Board) approves and authorizes the
Chairman to sign a Satisfaction and Release of Lien for New Hope Ministries, Inc. due to the
impact fees being paid in full in accordance with the Charitable Organization Impact Fee
Deferral Program, as set forth by Section 74-203(I) of the Collier County code of Laws and
Ordinances.
CONSIDERATIONS: Section 74-203(I) of the Collier County Code of Laws and Ordinances
(Code) provides criteria for the deferral of impact fees for charitable organizations and
charitable trusts. The program, originally adopted as a waiver program in 2001, provides a 10-
year deferral of impact fees for specified, tax exempted, not -for -profit, charitable entities that
provide specified services of substantial benefit to low income residents of Collier County.
Religiously affiliated organizations are authorized to participate, provided that the services are
provided in a non-discriminatory manner. Further, deferrals are available only to entities that
solely provide services to citizens of the United States or legal aliens that permanently reside in
the United States.
On March 8, 2011, an Agreement for Deferral of Collier County Impact Fees in the amount of
$100,000.00 was executed between Collier County and New Hope Ministries, Inc. for a 10-year
period. The deferred impact fees became a lien on the property and the agreement
accepted by the County in lieu of payment of the impact fees that would otherwise then
be due and payable but for the agreement.
On March 9, 2021, the impact fees were paid in full, in the amount of $100,000.00. In
accordance with Section 74-203(I) of the Code, staff and the County Attorney have prepared a
Release of Lien for approval by the Board and signature by the Chairman. The document will
be recorded in the public records of Collier County. The following table sets forth the lien to be
released:
Name
Property
Payoff Amount
Official Record
New Hope Ministries,
Inc.
7675 Davis Blvd
Naples, FL 34104
$100,000.00
Lien: OR Book 4661 PG 208
FISCAL IMPACT: Impact Fees have been paid and deposited in the respective Impact Fee
Trust Funds in the following amounts:
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16.F.1
04/27/2021
Impact Fee
Amount Paid
EMS
$796.71
Government Buildings
$4,658.39
Jail
$1,478.55
Road (District 2)
$92,319.89
Law Enforcement
$746.46
TOTAL
$100,000.00
Upon payment, such funds became available to provide funding for growth -related capital
improvements.
GROWTH MANAGEMENT IMPACT: Objective 2 of the Capital Improvement Element
(CIE) of the Collier County Growth Management Plan (GMP) states: "Future development will
bear a proportionate cost of facility improvements necessitated by growth."
Impact Fees generate funds to be expended for capital improvements to public facilities
necessitated by growth. The deferral of impact fees for the subject property for the initial 10-
year term (or other specified term) was consistent with the Growth Management Plan and the
impact fee regulations in place at the time of execution of the Agreement.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires
majority support for approval. - JAB
RECOMMENDATION: To approve and authorize the Chairman to sign a satisfaction and
release of lien for an impact fee deferral which full payment of Collier County impact fees has
been received.
Prepared By: Brandi Pollard, Impact Fee Coordinator, Capital Project Planning, Impact Fees and
Program Management Division
ATTACHMENT(S)
1. Lien Release (PDF)
2. Deferral Agreement (PDF)
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16.F.1
04/27/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.17.1
Doe ID: 15530
Item Summary: Recommendation to approve a Satisfaction and Release of Lien for New Hope
Ministries, Inc., due to the impact fees being paid in full in accordance with the Charitable Organization
Impact Fee Deferral Program, as set forth by Section 74-203(1) of the Collier County Code of Laws and
Ordinances.
Meeting Date: 04/27/2021
Prepared by:
Title: Senior Grants and Housing Coordinator — Capital Project Planning, Impact Fees, and Program
Management
Name: Gino Santabarbara
04/07/2021 11:00 AM
Submitted by:
Title: Division Director - IF, CPP & PM — Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
04/07/2021 11:00 AM
Approved By:
Review:
Growth Management Department Gino Santabarbara Level 1 Reviewer
Capital Project Planning, Impact Fees, and Program Management Amy Patterson
Growth Management Department Gino Santabarbara Department Head Review
County Attorney's Office Jennifer Belpedio Additional Reviewer
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget Susan Usher Additional Reviewer
County Manager's Office Dan Rodriguez Level 4 County Manager Review
Board of County Commissioners MaryJo Brock Meeting Pending
Skipped 04/07/2021 11:00 AM
Additional Reviewer Completed
Skipped
04/07/2021 11:00 AM
Completed
04/14/2021 2:36 PM
Completed
04/14/2021 2:41 PM
Completed
04/15/2021 3:09 PM
Completed
04/19/2021 12:07 PM
Completed
04/19/2021 3:55 PM
04/27/2021 9:00 AM
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This instrument prepared by:
Brandi Pollard
Collier County Growth Management Division
2685 South Horseshoe Drive, Suite 103
Naples, Florida 34104
(239)252-6237
SATISFACTION AND RELEASE OF LIEN
KNOWN ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is
3299 East Tamiami Trail, Naples, Florida, 34112, hereby acknowledges receipt of the full,
complete and final payment for all sums due and satisfaction of all conditions under that certain
Agreement for Deferral of Collier County Impact Fees executed March 81h, 2011 by New Hope
Ministries, Incorporated to Collier County, recorded on March 141h, 2011 in Official Records Book
4661, Page 208 of the Public Records of Collier County, Florida.
The Agreement for Deferral of Collier County Impact Fees was recorded and set forth above and
imposed a lien in the amount of $100,000.00 and certain obligations on the owner of the property
described therein.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction and Release in the
Official Records of Collier County, Florida to acknowledge that the Agreement for Deferral of
Collier County Impact Fees and the lien created thereby are satisfied, released and cancelled.
ATTEST:
CRYSTAL K. KINZEL, Clerk
Deputy Clerk
Approved as to form and legality
Jennifer A. Belpedio
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
01
yes
Penny Taylor, Chairman
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16.F.1.b
ZNSTR 4535719 OR 4661 PG 208 RECORDED 3/14/2011 3:48 PM PAGES 6
IGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $52.50
Prepared by:
Jeffrey A. Klatzkow
Collier County Att'y.
3301 Tamiami Trail East
Naples, FL 34112
This space for recording
AGREEMENT FOR DEFERRAL OF COLLIER COUNTY IMPACT FEES
CHARITABLE ORGANIZATION IMPACT FEE DEFERRAL PROGRAM
This Agreement for the Deferral of Impact Fees is entered into this 84 day of
M Q reh , 2011, by and be v aCi-�a political subdivision of the State of
Florida, through its Board of
New Hope Ministries, Incl
referred to as the "Parties."
n
WHEREAS, See. 74
amended, provides for defe
charitable trusts (hereinafter v
Program'); and
of the Collier
impact fees ti
J"s_!�e _. h
F-r
referred to as "County," and
Entity," collectively
ited Impact Fee Ordinance, as
charitable organizations and
Impact Fee Deferral
WHEREAS, Charitable Entity has applied for a deferral of $100,000 in impact fees as
authorized by the Charitable Organization Impact Fee Deferral Program. A copy of this request
is on file in the Impact Fee Administrator's office; and
WHEREAS, the County Manager, or his designee, has reviewed the Charitable Entity's
request and has found that it complies with the requirements for deferral of impact fees as
outlined in the Charitable Organization impact Fee Deferral Program; and
WHEREAS, by signing this Agreement, the County hereby approves a deferral of impact
fees subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties covenant and agree as follows:
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4R 4661 PG 204
16.F.1.b
1, The foregoing Recitals are true and correct and are incorporated by reference herein,
2. The address and legal description of the property which is the subject of this impact
fee deferral (hereinafter referred to as the "Subject Property") is attached as Exhibit "A."
3. The County hereby defers the sum of $100,000 in impact fees, which Charitable
Entity acknowledges would be otherwise due and owing. These deferred impact fees are
itemized in Exhibit "B."
4. These impact fees will be deferred for a period of ten years from the date of this
agreement, so long as the Charitable Entity the Subject Premises in the manner set forth
in the request. Should this statedhatsoever, or should the Charitable
Entity lose its status which qu i t for eligibility un Charitable Organization Impact
Fee Deferral Program, then s d fe err , and a ferred impact fees will be due
and owing. Charitable Enti s 3 ys f written request with proof
of its continued eligible st , o r qu�t, ai in ty a terminate this deferral.
5, This Agreement i ,?
not be assigned or otherwise
consent may be freely withheld.
to the
eato anyone mtnou4
as such, this Agreement may
s prior written consent, which
6. This Agreement and the de - will constitute a lien on the Subject
Property, which lien may be foreclosed upon in the event of non-compliance with the
requirements of this Agreement
7. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted hereunder shall be in writing and shall be sent by
Certified Mail, return receipt requested, or by a nationally recognized overnight delivery service,
and addressed as follows:
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a
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AR 4661 PG 210
16.F.1.b
To County:
Collier County
Growth Management Division
2800 North Horseshoe Drive
Naples, Florida 34104
Attn: Amy Patterson
To Charitable Entity:
New Hope Ministries, Incorporated
7675 Davis Blvd.
Naples, Florida 34104
Attn: Church Administrator
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
8. This Agreement shall be r ounty in the Official Records of Collier
County, Florida, within fourteen er enters into this Agreement The
County shall provide a copy
9. In the event o a
County's then -current Alte
this procedure, either party
enforce the terms of this Al
s
document to ' ita le Entity upon request.
ie his A reeme t, a parties shall first use the
le n o u e. Following the conclusion of
ief i it Court of Collier County to
which shall be s
o] or any such disputes.
P E INTENTIOFT BLANK
27�a
Page 3
Q
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OR 4661 PG 211
16.F.1.b
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest: ,:.: BOARD OF COUNTY COMMISSIONERS
DWIGITF V.-w 6k4krk COLLIER COUNTY, FLORIDA
4 1�
Efil
WITNESSES:s
t
Print Name: m A
Print Name:
Dy: �i' ' W
FRED W. COYLE, CHAIRMAN
STATE OF FLORIDA
COUNTY OF COLLIER 0
TFt
CV
The foregoing instrument was, ged before me this — , day of
�0 Y, 2011, by e % ,,�,n-%'w-�O'l as 1�of New Hope Ministries,
Incorporated, who is personally know } to me or has produced as
identification.
WITNESS my hand and official seal this '3'4' day of Aa. , 2011.
- fol A
NoUry Public
NOTARrM
OR EMSRRfi3
OD6575642.2An" Aux cu
1..�4A%c� T . —[o rreS
Printed Name
V SD b575 �-q ,hq t a2 L2i it
Commission No. Expiration Date
Page 4
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AR 4661. PG 212
16.F.1.b
EXHIBIT "A"
LEGAL DESCRIPTION OF CHARITABLE ENTITY ADDRESS
The East one-half (112) of the West one-half (1/2) of the Southeast one quarter (1/4) of the
Southwest one -quarter (1/4) of Section 4, Township 50 South, Range 25 East, less the South
75 feet for purposes of mad right-of-way.
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f** OR.4661 PG 213 ***
16.F.1.b
Type of Impact Fee
EXHIBIT "B"
DEFERRED IMPACT FEE BREAKDOWN
Amount Owed
A. Correctional Facilities $ 1,478.55
B. EMS Impact Fee $ 796.71
C. General Government Building Impact Fee $ 4,658.39
D. Law Enforcement I
E. Road Impact Fee
TOTAL DEFERRED
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