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Agenda 03/08/2016 Item #16D 4 3/8/2016 16.D.4. EXECUTIVE SUMMARY Recommendation to approve release of lien for full payment of a deferral of 100 percent of a countywide impact fee for owner occupied affordable housing dwelling unit. OBJECTIVE: To support the affordability of housing in Collier County through the Collier County Impact Fee Deferral Program. CONSIDERATIONS: Pursuant to Section 74-401 of the Collier County Code of Ordinances the County shall defer the payment of the impact fees for any new owner-occupied dwelling unit which qualifies as affordable housing. Section 74-401(3) of the Code authorizes the County Manager to enter into an impact fee deferral agreement with the owner or applicant. The deferred impact fees shall be a lien on the property and agreement shall be accepted by the County in lieu of prompt payment of the impact fee that would otherwise then be due and payable but for the agreement. The impact fee deferred for the construction of the below residential dwelling unit have been repaid in full. As such, the repayment obligation has been fulfilled and a release of lien is needed.The following table sets forth the details associated with this item. Name Property Address Payoff Amount Official Records Public Record 4520 Botanical Circle Bryan and Kristina L. Lee Naples,FL 34103 $8,946.77 OR Book: 3975,PG: 2299 FISCALIMPACT: Collier County impact fee deferral funds in the amount of $8,946.77 have been repaid and have been deposited to the individual impact fee trust funds as required Property Owner Impact Fee Interest Total Deferral Type Assessed Bryan and Kristen L. Lee $7,158.27 $1,788.50 $8,946.77 Countywide GROWTHMANAGEMENTIMPACT: There is no growth management impact associated with this Executive Summary. LEGALCONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval. -JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairwoman to sign a release of lien for the Countywide Impact Fee Deferral Program for which full payment o f a Collier County impact fee has been received. PREPARED BY: Mandy Moody, Grant Support Specialist,Community and Human Services Attachments: 1)Impact Fee Lien 2)Release of Lien 3) Receipt of Payoff Packet Page -595- 3/8/2016 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve release of lien for full payment of a deferral of 100 percent of a countywide impact fee for owner occupied affordable housing dwelling unit. Meeting Date: 3/8/2016 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community&Human Services 2/10/2016 2:34:09 PM Submitted by Title: Grants Support Specialist, Community&Human Services Name: MoodyMandy 2/10/2016 2:34:10 PM Approved By Name: LopezMaggie Title: Accountant, Senior, Community &Human Services Date: 2/17/2016 3:38:47 PM Name: PattersonAmy Title: Division Director-IF, CPP &PM, Capital Project Planning, Impact Fees and Program Management Date: 2/18/2016 5:07:50 PM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc, Community&Human Services Date: 2/22/2016 10:25:40 AM Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community&Human Services Date: 2/22/2016 12:54:25 PM Packet Page -596- 3/8/2016 16.D.4. Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 2/22/2016 1:12:43 PM Name: CarnellSteve Title: Department Head-Public Services, Public Services Department Date: 2/23/2016 8:05:45 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 2/23/2016 10:27:36 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/23/2016 4:15:43 PM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 2/26/2016 3:23:58 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 2/28/2016 4:39:16 PM Packet Page -597- 3777665 OR: 3S 3/8/2016 16.D.4. RECORDED in OFPICIAL RECORDS of COLLIBR COUNTY, FL 02/01/2006 at 02:40PN DNIGBT B. BROCL CLERK RIC FIE 69.50 Return to: Retn: Lauren Beard IRTBROFFICE/LAUREN BEARD Collier County OSH COLLIER COUNTY OH 2800 N.Horseshoe Drive. 403-2338 Naples,FL 34104 File# 06-053-IF This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING UNITS This Agreement for the Deferral.`I Wrbo ` pact Fees is entered into this l day of { t January, 2006, by and between4 1j County, a pO~Irta, a ubdivision of the State of Florida, `.,� \ 1 through its the Board of Cofunty COMilitssionersOlereinaffer referred to as "COUNTY," and Bryan & Kristina L. Lee; hefpiri*r.,--r " collectively stated as the F i fAi j { C b S. .�' 1. j i f -Parties.- a : RECITAES: ` WHEREAS, Collier Cto rity,`Ordinance No 260,40 in Code of Laws and Ordinances (Code) as Section 741401, estal?hshed pp A Or-dable Housing Impact Fee Deferral t ° .. Program (Program); and such regulations are collectively referred to as the "Impact Fee Ordinance," which provides for deferrals of impact fees for new owner-occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and Page 1 of 7 Packet Page -598- OR. 397;,3/8/2016 16.D.4. WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral; and WHEREAS, pursuant to Code Section 74-201, E.l.b. of the Impact Fee Ordinance, the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of creating Affordable Housing. NOW, THEREFORE, in consid ratio foregoing Recitals, and other good and �: valuable consideration, the rec�ei t sufficiency of-Wpic °is hereby mutually acknowledged, the Parties covenant and agr as,follows-:---, , 1. RECITALS IN ORPO iT • � h -fo ` ing it citais are true and correct and are incorporated by Fene bkrein 2. LEGAL DESCR \ON. The legal deseqption 0th/dwelling unit and its site plan (the "Dwelling Ump is,attached as Exhibit "A" and is incorporated by reference herein. 3. TERM. The term of this Ageelifird commences from the date the certificate of occupancy is issued for the Dwelling Unit until repaid. Repayment occurs upon the sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. During this term the Dwelling Unit must remain as affordable housing and may only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly Page 2 of 7 Packet Page -599- OR: 397.3/8/2016 16.D.4. payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven Thousand One Hundred Fifty-Eight dollars and 27/100 ($7,158.27), as set forth in attached Exhibit"B," incorporated by reference; and e. In return for the CDUN-TX-..deferring repayment of 100% of the impact fees owedrn, t - '1° lIkter,,than the expiration of the TERM, ,.•' OWNER fi"fther ,poyenants and agrees`"to comply with the affordable ,r housing izrnpact¢fee&eferi`al qualification cri_eria detailed in the Impact Fee I 11/Ordinal durini the terni o,. thfs g eerrientt 5. SUBSEQUENT FT 4NSFER; REPAYMENT: If/OWNER sells the Dwelling Unit / which is subject to'the impact fee deferral to a'Sul Sequent purchaser, the Dwelling Unit shall be sold only/to':persons or..hous h :1ds meeting the deferral qualifying I ... criteria set forth in the Impact"Fee:Ordiraiice. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. Repayment occurs upon the sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. Repayment shall include any accrued interest. Interest shall be computed 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. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during Page 3 of 7 Packet Page -600- OR. 3971, 3/8/2016 16.D.4. such period, the full amount of the deferred impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Seven Thousand One Hundred Fifty-Eight dollars and 27/100 ($7,158.27), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then-all-oft-he.COUNTY'S lien rights and interests arising %'4 ,1 . under this Agreement e`consi eredtlt'iabl, inferior, and subordinate to each r,.,�,,ism`.,..; �,,�, first mortgage on i ie)w g Unit. Except as, elsewhere noted in this Agreement, and regardless of any foreclosure v the first mortgage or other security interest, such v r J \ lien shall otherwise$e+supgridx 4.idirlatkarourit tO tHHe interest in the Dwelling Unit of any owner, lessees tenant, mortgagee, ororther pers$n;cexcept that this lien shall be on � . t parity with any lienf r County taxes. 8. RELEASE OF LIEN:' Up n satisfactory ;Completion of this Agreement's requirements, including payn ent o the--deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Page 4 of 7 Packet Page -601- OR. 3ni5 kV.3/8/201616E:14 8/`016 16.D.4. Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions.c €this--Agreement, then the dollar amount of impact �t fees deferred,sh * ai in 11 OWNER to the COUNTY within thirty (30)days yf wit, n,notification of said ola%on. b. Should,the;OIERtherwise bed ;fault of this Agreement, and the default is nit cured(within nine -(A c aysi after mailing of written notice to the OWNER, The COUNTY%{ .ay ~ring civil action to enforce the \A. I Agreement c. In addition, th&' liezt ay be ..fofeCi ed, or otherwise enforced by the COUNTY, by action-or-Sidit:4u-1 v or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. Page 5 of 7 Packet Page -602- (R' 39 3/8/2016 16.D.4. • , ., • ..... ..VV-4 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: O / Print Name IA V SA' lit/r L ,. " B wee - X4f i , ,71 - -, x1/4_,,,,,,,,,,,.............._ ..... ....... .„,_ , Print Name 4( LAA L if/ /Z ) Kristina L. Lee STATE OF F7or,d� ) COUNTY OF Ot,//i i.„(2._ ) The foregoing Agreement��yas 1c led beforL me this /8 day of January, 2006, by Bryan & Kristina L. Lee.,•! °`hey are perst*�,,Iy\_known to me or have provided ' �f as identificalin. �� - \ . it. c,,,,..... L i3O �` \; [NOTARIAL SEAL] � � t � o`P�iso Takin g Acknowled gment is Ns.`: : fi, .,`.�` w-._.... �. COLLIER FLORIDA _w`J• J°_ V. MUDD, COUNTY MANA ER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this VV S/- day of January, 2006, by James V. Mudd, County Manager, on behalf of the COUNTY. H is personally known to me. [NOTARIAL SEAL] Signature o erson Takit> cknowledgment A• 'ro . • s to form and Recommend • •proval le_ s L lien : da , Jeffr 1 K(tzkow Denton Baker, Director of Assi• .nt 'ounty Attorney Operational Support & Housing ,os,AYP4BG; Lauren J. Beard z. : Commission#DD159084 Page 6 of 7 :; .e=Expires:Oct 24,2006 g 9�. a?, Bonded Thru OF F�� Packet Page -603- At!"t"°oa�ia;co, nR: 397E 3/8/2016 16.D.4. EXHIBIT"A" LEGAL DESCRIPTION BRYAN & KRISTINA L. LEE UNIT 203, BUILDING 2, 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" IMPS+E a: 1(DOWN Type of Impact Fee . . Amo n`r;uwed I r_ _ - _� x` A. EMS Impact Fee / v --- R$93.0 \ B. Correctional Facil>ties!Jtnpaat,J 'e6 ) $k1 7;A C. Library Impact Fermi J2) $.44,6.99 tt \ \ '7 r Z:71 D. Community Parks I$act Fee $561,,7.,, '` E. Regional Parks Impacee'•,. $560i$ F. Educational Facilities Syste1rn,kmact 1e 827.00 G. Road Impact Fee $2,662.00 H. Government Buildings Impact Fee $159.01 I. Sewer Impact Fee $2,010.00 TOTAL IMPACT FEES $7,158.27 PGW Approved 1 107 05 Page 7 of 7 Packet Page -604- • • • *** OR. 3Q7t 3/8/2016 16.D.4. •BAYSRE DRIVE 1 -, _ _ice '�- V„'__ • ��->• ii �� PSESEAVE AR(A I ' PREStltK AREA GSt ACRES I , ' , a 7 AGES .g - '13. s 'grit," ' ' , . .... •• en, 1 1 tA 1 t) o i i 1 ". 1 161 vzi IT ,,,, 1 ee --)I " 1 l a Eli :::: . ___- ---___, , to e IN:. 4 ` +: x % 1 .. r F i b y 3, a . .1` ..� 11 00 0 2 g ,V?I'"" 1:1:1 1 ', 'i , _ 1 .1 n W 5,.:r ff ■ , ex 1 P 1,, :, i .... .ti 'a 1 I -, 1 I il I ft ALIct 1 g-, i •1 „, t * , O� ° � l 1 /9 V. � 1 , g S 1 r au • 1n rrri� 0 011 I ,� CM. . • • ,� - awing 5 - -1 F , PERMIT SET j� W 75 9!6•S L 7 5V -, [�1 . lOwtib! EM4 C0 STOFFT 1 BOTANICAL PLACE GARAGES _ -0 �n COONEY BAYSHORE DRIVE -......70„-:-....:1,.-= ^-�_ coWERcaarrr - .` ARCHITECTS,LLC "A°�a Iowa F - ` 6U tam S.......,AIY 3m •ma..rw•34 Ica -..�.^-•r•••-�� �:v. R3q xa.mrr • DdMb.�t reo. •t3en rumRi Packet Page -605- 3/8/2016 16.D.4. Prepared by: Mandy Moody 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 l:Iousing Dwelling Units (the "Impact Fee Lien ) executed by Bryan and Kristina L. Lee to Collier County, recorded on 02/01/06 in Official Records Book 3975, Page 2299, of the Public Records of Collier County, Florida, in consideration of $7,158.27 plus interest, receipt of which 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 fellows: Unit 203, Building 2, Botanical Place, A Condominium, According to the declaration of condominium thereof recorded in the 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. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK,CLERK COUNTY, FLORIDA By: , Deputy Clerk Chairman Donna Fiala, District 1 Commissioner Dated: Approved as to form and legality: (SEAL) Jennifer A. Belpedio Assistance County Attorney Packet Page -606- 3/8/2016 16.D.4. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2015278364 Transaction Number: 2015-058832 Date Paid: 10/13/2015 Amount Due: $8,946.77 Payment Details: Payment Method Amount Paid Check Number Check $8,946.77 30520 Amount Paid: $8,946.77 Change / Overage: $0.00 Contact: First Boston Title LLC 2180 Immokalee Rd #212 Naples, FL 341101422 FEE DETAILS: Fee Description Reference Number Original Amami GL Account Pe Pai Deferral M/F Community Park MS20150013171 $561.70 $561.70 346-156410-324103-31346.1 Deferral M/F Regional Park MS20150013171 $560.68 $560.68 346-156405-324103-31346.1 Deferral M/F EMS Payoff MS20150013171 $93.00 $93.00 350-140470-324103-31350.1 Deferral M/F JAIL Payoff MS20150013171 $117.98 $117.98 381-110430-324103-31381.1 Deferral M/F LIBRARY MS20150013171 $166.90 $166.90 355-156190-324103-31355.1 Payoff Deferral M/F ROAD Payoff MS20150013171 $2,662.00 $2,662.00 333-163653-324103-313311 D2 Deferral M/F SCHOOL MS20150013171 $1,033.63 $1,033.63 113-000000-209050 Payoff Deferral M/F GOVT BLDG MS20150013171 $159.01 $159.01 390-122231-324103-31390.1 Payoff Deferral M/F SEWER MS20150013171 $2,010.00 $2,010.00 002-138770-324103 Payoff Interest PARKS MS20150013171 $280.42 $280.42 346-989010-361190-99346.1 Interest EMS MS20150013171 $23.24 $23.24 350-989010-361190-99350.1 Interest JAIL MS20150013171 $29.48 $29.48 381-989010-361190-99381.1 Interest LIBRARY MS20150013171 $41.70 $41.70 355-989010-361190-99355.1 Interest ROAD D2 MS20150013171 $665.10 $665.10 333-989010-361190-99333.1 Interest GOVT BLDG MS20150013171 $39.73 $39.73 390-989010-361190-99390.1 Interest SEWER MS20150013171 $502.20 $502.20 002-989010-361190 Cashier Name: AmandaBayoumi Batch Number: 4797 Entered By: fleishmanpaula Packet Page-607- 3/8/2016 16.D.4. ca / } \\) ± ± tie. ile k§] § cci }�- Q 2 ] j})! \ cc 0. \ j[}/ 0 $ B;® Pr III. CD.-. L.9. 0 \ /M 0 \ <0 y{, *® ©y ƒ • § k� /}� } LU \ pmt Si \ CV \�` 64 \\� } \ \ o } \� <- - LJ- Li- < ¢ g < \±\ \ ±!°$ ( A«]§ ` z CC ) 0 \}d\ \ ( ( • Packet Page -608- 3/8/2016 16.D.4. PAY OFF AMOUNT CALCULATIONS Bryan and Kristina Lee/4520 Botanical Circle Place,#203,Naples, FL 34112 Impact Fee Deferal agreement recorded 2/1/2006 OR Book: 3975 PG 2299 Total Lien Agreement $7,158.27 5% $357.91 Per diem rate $0.98 Year 1 02/01/2006- 02/01/07 365 _days @ $0.98 daily per diem rate $357.70 Year 2 02/01/2007- 02/01/08 365 days @ $0.98 daily per diem rate $357.70 Year 3 02/01/2008- 02/01/09 365 days @ $0.98 daily per diem rate $357.70 Year 4 02/01/2009- 02/01/10 365 days @ $0.98 daily per diem rate $357.70 Year 5 02/01/2010- 02/01/11 365 days @ $0.98 daily per diem rate $357.70 Total accurred interest $1,788.50 PAY OFF AMOUNT DUE $8,946.77 Packet Page -609-