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Agenda 07/12/2016 Item #16D 8 7/12/2016 16.D.8. EXECUTIVE SUMMARY Recommendation to approve one release of lien for full payment of deferral of 100 percent of countywide impact fees 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 the 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 lien to be released: Name Property Address Payoff Amount Official Records Public Record Novembre, Louise 13320 Covenant Road $17,020.25 OR Book 4321 PG 2591 FISCAL IMPACT: Collier County impact fee deferral funds in the amount of $13,616.20 have been repaid and have been deposited to the individual impact fee trust funds as required. The interest received from the repayment is deposited into the impact fee trust funds as required. Property Owner Impact Fee Interest Total Deferral Type Assessed Novembre,Louise $13,616.20 $3,404.05 $17,020.25 Countywide GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires 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 of Collier County impact fee has been received. PREPARED BY: Wendy Klopf, Operations Coordinator,Community and Human Services Division Attachments: 1. CWIF Release Novembre 2.Novembre Impact Fee Deferral 07-073 CWIF 3. CWIF Payment Receipt Novembre Packet Page -1090- 7/12/2016 16.D.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.8. Item Summary: Recommendation to approve one release of lien for full payment of deferral of 100 percent of countywide impact fees for owner-occupied affordable housing dwelling unit. Meeting Date: 7/12/2016 Prepared By Name: KlopfWendy Title: Operations Coordinator, Community &Human Services 6/14/2016 3:41:19 PM Submitted by Title: Operations Coordinator, Community &Human Services Name: KlopfWendy 6/14/2016 3:41:22 PM Approved By Name: FleishmanPaula Title: Operations Analyst, Senior,Capital Project Planning, Impact Fees and Program Management Date: 6/16/2016 10:05:39 AM Name: GrantKimberley Title: Division Director-Cmnty &Human Svc, Community&Human Services Date: 6/23/2016 8:49:30 AM Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community&Human Services Date: 6/24/2016 4:06:22 PM Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 6/26/2016 10:22:27 AM Packet Page-1091- 7/12/2016 16.D.8. Name: LopezMaggie Title: Supervisor-Accounting, Community&Human Services Date: 6/27/2016 5:26:30 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 6/28/2016 10:55:21 AM Name: CarnellSteve Title: Department Head-Public Services,Public Services Department Date: 6/28/2016 11:13:15 AM Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 6/28/2016 2:13:03 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 6/30/2016 7:47:55 AM Name: AshtonHeidi Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 6/30/2016 10:45:32 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 7/1/2016 12:38:09 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 7/3/2016 3:37:29 PM Packet Page-1092- 7/12/2016 16.D.8. Prepared by: Wendy Klopf 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 Units (the "Impact Fee Lien") executed by Louise Novembre to Collier County, recorded on 01/17/2008 in Official Records Book 4321, Page 2591, of the Public Records of Collier County, Florida. in consideration of$13,616.20 plus interest, receipt of which is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the hnpact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as follows: Lot 10, 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. 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 C ^N (12 OyJ Packet Page -1093- �� 4118214 0 7/12/2016 16.D.8. RECORDED in OFFICIAL MUM or t:ULL16K WUOTI, [L Return to 01/17/2008 at 08:29AN DWIGHT B. BROCK, CLERK RHC FEB 27.00 Frank Ramsey COPIES 3.00 Collier County HHS Retn: 3301 E.Tamiamf Trail CLERK TO THE BOARD Naples,Florida 34112 INTEROFFICE 4TH FLOOR File#08-073-IF BIT 8406 This space 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 December, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Louise Novembre" (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 dwellin�s;attached as Exhibit"A." 3. The term of this Agreement i 1,1-...t."-_ -. j s�•f�i�zr1- e s ,l'iave until the impact fee is repaid. //L'-',/r \ 4. The amount of the impact feesferred..shall be_4paid tbthe,COUNTY in full upon: a) the sale of the dwelling unit; bI tl7l;f fi 1feip d f1g unit; c)a loss of the homestead r �l t t lir' exemption; or d)the itst f©ccl,�Irre is I ale or$$tr3nse�,I,df any part of the affected real ` �Y property,and in any such 1.4nt the deferred impact fees sl'i,11 be paid in full to the COUNTY j I �,,�6� ! not later then the closing b the,sale,or not later then he,e_ffective date of the transfer. As set forth in Exhibit "B," the antonnt'A)rf'the--defer(ed impact fees is Thirteen Thousand Six C,11 Hundred Sixteen and 20/100 Dollars ($T3, 0). 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. 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 Iien 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 nrnvided to the OWNER, the COUNTY Packet Page-1094- n A1'11 nn. C 7/12/2016 16.D.8. 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 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 WHEREOF,the Parties have executed this Agreement on the date and year first above written:. • , OF B�, A BOARD OF COUNTY COMMISSIONERS D E.BROC.K.,-Clerk COLLIER COUNTY, LORIDA, 1 6606 axi. Attttt t= Deputy Clerk,,,,---kr—J\ w, �\ J�MES COLETTA,C • ' 'TI s ignetw•. c„,`°1'1, '"Dam wf / r, I i" TOWNER \ t Name o . , � . -• . _ .• _' , i' oui ,Npvembfe • a\ O RIERc'r Witnes 2/.L2//'!' Aro-xi (Xc. - Print Name (r-27-'&11-.[FL �; STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this /3 day of Doom.Ler, 2007, by 1r 'e e , who is personally known to me or has produced as proof of identity. t �. . ,�•;,': . A-TREJO ;y a MEXPIRES:August,ON D,201038 Signature of Person Taking AcknnoWledgment .1e.wd" ,i+augrn.r Ft Notary Diwaninmc.Co App -• t. form Recommend Appr.val: and ;'1:_ , y iency: l I ► , .," ' Jeffre l• atzkow • Marcy Krumbi e, P A Chief • i• t County Attorney Director Collier County Housing and Human Services Packet Page -1095- *** /in. 1101'14 nn. nrnl tie* 1 7/12/2016 16.D.8. EXHIBIT"A" LEGAL DESCRIPTION Lot 10,Trail Ridge,according to the plat thereof, as recorded in Plat Book 44,Pages7l through 77, inclusive,of the Public Records of Collier County,Florida. STREET ADDRESS 13320 Covenant Road,Naples,FL 34114 EXHIBIT"B" IMPACT FEE BREAKDOWN Type of Impact Fee Amount Owed A. EMS Impact Fee $100.59 B. Correctional Facilities Impact Fee $62.14 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee - CQ-j\ $1,659.00 F. Educational Facilities Sy ,t pact Fee ` $827.00 G. Road Impact Fee // 11-..,„,„_ \ \� \ $3,731.00 1.H. Government Buildins I '.i t - 0 ;+'f 7 $150.24 I. Law Enforcement Im as :! -,k____.;r i I F-1 $83.05 J. Water Impact Fee (✓ '‘''', /,.,,// / $2,760.00 K. Sewer Impact Fee , �� %� $3,125.00 Oft .,,,..<,\`!'s-;, TOTAL IMP ySc i 7 $13,616.20 JAK Approved_/ /_ Packet Page-1096- 7/12/2016 16.D.8. Collier County { Growth Management Division 2800 Horseshoe Drive N. Naples,FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2016325993 Transaction Number: 2016-032631 Date Paid: 06/01/2016 Amount Due: $17,020.25 Payment Details: Payment Method Amount Paid Check Number Check $17,020.25 34637 Amount Paid: $17,020.25 Change / Overage: $0.00 Contact: HABITAT FOR HUMANITY COLLIER COUNTY 11145 TAMIAMI TRL E NAPLES , FL 34113 FEE DETAILS: Fee Descriotion Reference Number Original Amount GL Account Fee Paid Deferral M/F Community Park MS20160007345 $750.00 $750.00 346-156410-324103-31346.1 Deferral M/F Regional Park MS20160007345 $1,659.00 $1,659.00 346-156405-324103-31346.1 Deferral M/F EMS Payoff MS20160007345 $100.59 $100.59 350-140470-324103-31350.1 Deferral M/F JAIL Payoff MS20160007345 $62.14 $62.14 381-110430-324103-31381.1 Deferral M/F LIBRARY MS20160007345 $368.18 $368.18 355-156190-324103-31355.1 Payoff Deferral M/F SCHOOL MS20160007345 $1,033.75 $1,033.75 113-000000-209050 Payoff Deferral M/F ROAD Payoff MS20160007345 $3,731.00 $3,731.00 336-163656-324103-31336.1 D4 Deferral M/F GOVT BLDG MS20160007345 $150.24 $150.24 390-122231-324103-31390.1 Payoff Deferral M/F LAW ENF MS20160007345 $83.05 $83.05 385-110433-324103-31385.1 Payoff Deferral M/F WATER MS20160007345 $2,760.00 $2,760.00 411-273511-324103-31411.1 Payoff Deferral M/F SEWER MS20160007345 $3,125.00 $3,125.00 413-263613-324103-31413.1 Payoff Interest PARKS MS20160007345 $602.25 $602.25 346-989010-361190-99346.1 Interest EMS MS20160007345 $25.15 $25.15 350-989010-361190-99350,1 Interest JAIL MS20160007345 $15.54 $15.54 381-989010-361190-99381.1 Interest LIBRARY MS20160007345 $92.05 $92.05 355-989010-361190-99355.1 Interest ROAD D4 MS20160007345 $932.75 $932.75 336-989010-361190-99336.1 Interest GOVT BLDG MS20160007345 $37.56 $37.56 390-989010-361190-99390.1 Interest LAW ENF MS20160007345 $20.76 $20.76 385-989010-361190-99385.1 Interest WATER MS20160007345 $690.00 $690.00 411-989010-361190-99411.1 Interest SEWER MS20160007345 $781.24 $781.24 413-989010-361190-99413.1 Cashier Name: Elizabeth Mendez Batch Number: 5341 Entered By: BrandiPollard Packet Page-1097- 7/12/2016 16.D.8. 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