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Agenda 10/26/2021 Item #16D 4 (Release of Lien Botanical Place - Cuenca)10/26/2021 16.D.4 EXECUTIVE SUMMARY Recommendation to approve one (1) Release of Liens for full payment of $8,712.70 ($6,970.16 plus interest), 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 following table provides details regarding the associated mortgage that has been repaid in full. As such, a satisfaction of mortgage is required. File # 06-008-IF I Recorded OR Legal/Address Date Book/Pag e 08/18/2006 4091/1628 Unit 104, Bldg. 7, Botanical Place/4440 Botanical Place Cir, Unit 104 Naples, FL 34112 Developer/ Owners Name Douglas A. Cuenca Amount of Lien $6,970.16-Original Lien $ 1,742.54 - Interest $ 8,712.70 Total Paid FISCAL IMPACT: A total of $8,712.70 was paid to Collier County and deposited in the Growth Management Impact Fee Accounts. The total amount represents $6,970.16 in Impact Fees paid and $1,742.54 in accumulated interest income. Recording fees of $10 per Satisfaction of Lien have been paid by the party and deposited in the General Fund (001) Cost Center (155930). 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 Liens for full payment of $8,712.70 ($6,970.16 plus interest), 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 and Human Services Division Packet Pg. 1168 16.D.4 10/26/2021 ATTACHMENT(S) 1. ROL-CWIF (PDF) 2. Backup Docs ROL CWIF - Cuenca (PDF) Packet Pg. 1169 16. D.4 10/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.4 Doe ID: 20092 Item Summary: Recommendation to approve one (1) Release of Liens for full payment of $8,712.70 ($6,970.16 plus interest), pursuant to Agreement for Deferral of 100% of Collier County Impact Fees for Owner -occupied Affordable Housing Dwellings. Meeting Date: 10/26/2021 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 09/ 14/2021 2:26 PM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/14/2021 2:26 PM Approved By: Review: Community & Human Services Blanca Aquino Luque Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Community & Human Services Jacob LaRow Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Todd Henry Additional Reviewer Operations & Veteran Services Jeff Newman Additional Reviewer Public Services Department Todd Henry Public Services Department Grants Erica Robinson Level 2 Grants Review Public Services Department Dan Rodriguez PSD Department Head County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review 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 Growth Management Operations Support Christopher Johnson Grants Therese Stanley Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 09/14/2021 3:11 PM Completed 09/20/2021 2:05 PM Completed 09/21/2021 1:42 PM Completed 09/24/2021 11:57 AM Skipped 09/24/2021 12:10 PM Completed 09/24/2021 12:47 PM Completed 09/27/2021 7:56 AM Completed 09/27/2021 11:28 AM Completed 09/27/2021 11:35 AM Completed 09/29/2021 3:44 PM Completed 09/29/2021 4:06 PM Completed 09/29/2021 4:42 PM Additional Reviewer Completed Completed 10/12/2021 10:16 AM Completed 10/14/2021 11:22 AM 10/26/2021 9:00 AM Packet Pg. 1170 16.D.4.a Prepared by; Maria Aldana Collier County Community and Hunan Services 3339 E. 'T'amiami 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 Douglas A. Cuenca, to COLLIER COUNTY, recorded on 08/18/2006 in Official Records Book 4091, Page 1628 of the Public Records of Collier County, Florida, in consideration of $8,712.70 ($6,970.16 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 104, BUILDING 7, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING TO 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 Conunissioners on Agenda Item Number ATTEST: CRYSTAL K. KINZEL, CLERK Im , DEPUTY CLERK Approved for form and legality: Jemiifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PENNY TAYLOR, CHAIRPERSON Packet Pg. 1171 r se, 21080570 Q0. -110 V. Qouftty Public eMces Depa' lltm ent . Qommurll y & Hummn. otvlces OM81on August 25, 2021 Claudia Chavez Aodon Titlo Services, LLC 3733 Tam'tami Trail N Naples, Florida 34103 Re" PayoffLefter., Douglas A, Cttettca 4440 Botanical Placo Circle, Unit 104 Naples, FT, 34112 Pa;yioff#1-11) accordance with Section 2.06.00 oftho Collier County LDC,the Affordable DousiTig Density Bemis (AIIDB) Agroemcnt requires repayment of tho AIIDH if, within fiftccn ycnrs, after tKc original purchase date, the property 1s sold at a sales price in excess of five I)eroettt per year above (he original Purchase pries, tho ;Seller shall pay Collier County an amount equal to one half of the sales price, in excess of the rive percent increase per year, Purelraso ]hate Original Purchase PAce Proposed ,Sale Date Resale Price September 7, 2006 S126,970.16 September 7, 2021 $220,000,00 N1or(gagc/Lien Type Date Recorded OR Doolr/Pttge Total Amount Niue Affordable Houning Density Bonus Lion A regiment 09/12/20R 4104/0516 $0.00 PAyofl' 42 - No payment will bo rogiilred until tine property is sold, transferred, refinanced, no longer Homesteaded, o-r is -no longer the primary residence of the ltomebuyer. A I that time the balance of the lieu amount is due and payable. Alort a e/Lien a Date Recorded 4R Bool fPa n Amount Due Countywide 1mP.101 08/1812006 4091/1628 $ 6,970.16- Original Lion loco DofemgI Lien Agrecmont $ 1,742.54 - Interest Pile t/06-008-113 $ 8,712.70 -TOTAL DUG Payoff 43 - No payment will be required utiiil Clio proporly is sold, transferred, refinanced, no longer lionwstnaded, or is no longer the primary rcsldenee offlio ltomeboyor, At that time the balance of the loall Is duo and payable, ,M.oxxtgage/Lien Type Date Recorded OR Book/Page Amount Dtie CotlierCOunty SHIP Second 09/12/2006 4104/0536 $18,000,00 Mortgage File 405-089 C000011Y $4N1010h= 3330 TanylatitliEoll t1t3t, Sulta 2114 Napim f Eoft'0 112,061 239.202-CARE~ (2279) 0,2841 U1,0Art (2233) F-234-252.423 flA8VP) t.tvfrly.coifsar�ou;not/hiimansplYlcog c m U LL U J 0 W Cn 0 0 0 a m r c m U ns r Q Packet Pg. 1172 Payment should be made to "Co let of County C0111MIssloucrs" and detivered to; Comminity & Human SeMocs Division AC w Lin N, Cart 3339 F. Tanfiaml Trail, Suile 211 Naplcs, FL 34112 Plemse include a separato check in the mount of 1,10.00 for each payoff amount made payable to: Coll>g Count Board of Comity Commissioners for the cost of recoxdi ig. Sincorciy, t`", 4 n' Lisa N. Carr Senior Grant, Coordinator Packet Pg. 1173 Action Title Services Seller: Douglas A. Cuenca Buyer.,Millafd C. Brooks, Jr.; Dominic M. Brooks Property I.D. Number: 24680902960 Properly Address: 4440 Botanical Place Cir., 11104, Naples, FL 34112 ACTION TrrLE FILE NO: 21080570 Escrow Officer: Allis Pelham (506-1) Impact Fee Deferral Payoff - $8,7f 2.70 First Florida Integrity Bank 138246. Naples, FL 34103 Oat. 9/7/2021 i r `7 Payable to: Colller County Board of County Commmissioners $8,712.7© a Packet Pg. 1174 AGt[on Title Services First Florida Integrity Hank 138248 i Seller. Douglas A. Cuenca Naples, FL 34103 Buyer: Millard C. Brooks, Jr,; Dominic M. Brooks Property I.D. Number_ 24680902960 - ^ m Property Address: 4440 Botanical Place Cir., # 104, Naples, FL 34112 Data I LL 917/2021 m ACTION TITLE FILE NO: L 21080570 w d Escrow Officer AfIIe Pelham ; l (1205-1) Safisfaclion of Mortgage - $30.00 : r"'' ` ` • , �- Fir3.-' -.5: ;,' a E . d c 1 3 1 O V I O I � Payable to: Collier County Board of County Commmissioners $30OQ o / o Acti0i�1:•T€tlq..servIceS FlrstFlorida.Intr9rrYlJarik ':13 2�8 V SCf2OW,ACC©UFvT Naples FL 34103 3, 33 TAM AMIJRAiI. NORTH 83 1632 670 LL IVAPt BS Fi g12iD :34103 . X&TIONTtnt W712021 U O tENO- ': 0! 2 080570. H V ,o �Av tyDo[ars an :• NCents 0 $Thrt _ m TOT Collier Count BO�ld:of Cot�rtty Commmiss[onexs. y o D RF Attf1 isa N Carr 3339.t= Tarnlamf Trap; Ste 211 VOiD ,_ Air Riff E l Naples, FL 34 I12 1 � a Packet Pg. 1175 3888989 OR, 4091 PG; 1628 RICOHN in OPPICIAL RECORDS Of COLLIER COUM, FL *� 08118/2006 at 10:32AN DWIGHT A. BROCK, CLERK RMurn fo \ / RIC PIS 27.04 Reh: Lauren Rard OPIRTIONAL SUPPORT is HOUSING Cooler County 0SH LAUREN BEARD 2W N. Horseshoe DrIye Rapim FL 34114 INIIROPPICI File# 06-008-IF This apace for rt"rding LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this .2 day of July, 2006, between Collier County, a political subdivision of the State of Florida (COUNTY) and Douglas A. Cuenca (OWNER), collectively stated as the "Parties." NOW, THER FORE, for good and valuable consideration, the receipt and sufficiency of which is mutually dwledged, the Parties agree as follows: 1. This Lien Arrrie, t is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County; Fort a, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance), In tl a event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2, The legal description of e,dweliing unit is attached as Exhibit "A." 3. The term of this Agreemen(Is frb>:#Hthe date set forth above until the impact fee is repaid, 4. The amount of the impact feels ei"e shall be paid to the COUNTY in full upon, a) the ,� sale of the dwelling unit; b) the f 1) tic pg of the dwelling unit; c) a loss of the homestead exemption; or d the first occur=6 of sale or transfer of any part of the affected real property, and in any such event the deferred,' p;kct fees shall be paid in full to the COUNTY not later then the closing of the sale, or no t��p the effective date of the transfer. Asset forth in Exhibit "B," the amount of the deferre�t fees is Six Thousand, Nine Hundred Seventy dollars and 16/100 ($6,470.16). Repsn#,�1all include any accrued interest. Interest shall be computed at the rate of five percent54/n 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 descrri�L:'n Exhibit "A," which lien may be foreclosed upon in the event of non-compliance ki hA .;�rdinance or with this Agreement. This Agreement shall operate as a lien against the d lain unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the:' b4c 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 2 1 Packet Pg. 1176 OR: 4091 PG; 1629 then in default and immediately 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 WHEREOV, the Parties have executed this Agreement on the date and year first above written. OWNER: Wi 'ses: Print Name �^ ou A. uenca Print Name STATE OF LORIDA COUNTY OF COLLIER. �. . The foregoing Agreement wasilk,' l +ledged before me this day of July, 2406, by Douglas A. Cuenca, who is persona101 cnov.m o me or produced as identification [NOTARIAL SEAL] (Si a ?#'Notary Public) CMSVM L )' C0 w*oon (Print N*' i o Mary Public) �'M:uM14.Z00$ ('nm—IQ cI' imh}tr• My Commissiotf Exgi COLLIER COUNTY,' By: JAM V, MUD. STATE OF FLORIDA COUNTY OF COLLIER } The foregoing Agreement was acknowledged before me this -A dad�'' i~,August, 2006, by James V. Mudd, County Manager, on behalf of the CO Y, who is persori"lly known to me. [NOTARIAL SEAL] (Signature of No lic) Lauren J. Beard Commission #DD159084 . r= Expires: Oct 24, 2006 aondcd7hn, nt3nniie Bonding Co., Inc (Print Name of Notary Public) Commission Number; My Commission Expires: k___ d a prova . Denton Baker, Director of Operational Support & Housing Page 2 of 2 Packet Pg. 1177 *** OR; 4091 PG; 1630 ** EXHIBIT "A" LEGAL DESCRIPTION UNIT 104, BUILDING 7, 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. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. Ems', jpa/ Fee B. CorrectiodAl ci ities Impact Fee C, Library Impaet-28.4 D. Community Parks Impact Fee E. Regional Parks Impac(IF' e F. Educational Facilities Syst Fn ipact Fee G. Road Impact Fee H. Government Buildings Impact I, Sewer Impact Fee f TOTAL IMPACT FEE§, s .�' JAK Approved �! ! Amount Owed $93.00 $117.98 $135.68 $498.15 $497.13 $827.00 $2,662,00 $129.22 $2,010.00 $6,970.16 N CD 0 0 M a 5-0� a Packet Pg. 1178 16.D.4.b CWIF PAYOFF AMOUNT CALCULATIONS Douglas A. Cuenca Impact Fee Deferal agreement recorded : 8/18/2006 ii OR Book: 4091 PG 1628 m Annual interest of 5%, not to exceed 25% $6,970.16 Year 1-5 2006-2011 Total Interest Accumulated 25% $1,742.54 As of 08/25/2021 Payoff amount due: $8,712.70 N CO O O N LL_ U J 0 Q-' N V O 0 O_ 7 Y V R m Packet Pg. 1179 From: Claudia Chavez To: CarrUsa Cc. d-sells@hotmaP.com; apolioyon do ftahhoo.com; Wthfa house; Aloe Pelham; Kristy Milbourn Subject. RE: 4140 Botanical Place Circle #104-- closing 9/7/2021 Date, Friday, August 20, 2021 12:18:58 PM Attachments: Cuenca second mta..W Cuenca Lien,pdf Importance: Nigh EXTERNAL EMAIL: This email 'is from an external source, Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links, Hello Lisa: Hope all is well. We are working with Douglas Cuenca in obtaining a second mortgage payoff or a release if need be. He is selling his property at: 4440 Botanical Place Cir # 104, Naples FL 34112 on 9/7/2021. Let me know what I need to send you to obtain the following items: 1. Cancellation and Release of Record of Mortgage executed by Douglas A. Cuenca, a single person, in favor of Collier County, dated August, 2006, recorded September 12, 2006, in Official Record Book 4104, Page 536, of the Public Records of Collier County, Florida, to secure the principal sum of $18,000.00. 2. Cancellation and Release of Record of Lien executed by Douglas A. Cuenca in favor of Collier County, dated September 7, 2006, recorded September 12, 2006, in Official Record Book 4104, Page 516, of the Public Records of Collier County, Florida. 3. Cancellation and Release of Record of Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units executed by Douglas A. Cuenca in favor of Collier County, dated July 24, 2006, recorded August 18, 2006, in Official Record Book 4091, Page 1628, of the Public Records of Collier County, Florida, to secure the principal sum of $6,970.16. Obtain and Thank you and talk to you soon. O Claudia Chavez - Processor Action Title Services LLC 3733 Tamiaini Trail N., Naples FL 34103 P:239-213-6714 * F:239-213-6465 Email: cchavezPactiontitlenaples.com CLOSER: Alfie Pelliam P:239-213-6721 * F:239-213-6461 Packet Pg. 1180 E: apefhaLo(@act}ontitlenaples.com ****Please Note: ***** Packet Pg. 1181