Loading...
Agenda 01/13/2015 Item #16D 1 1/13/2015 16.D.1. •'■ EXECUTIVE SUMMARY Recommendation to approve a release of lien for payment of a Countywide impact fee deferral agreement obligation. 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 fees deferred for the construction of a 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 Official Records Public Amount Record Edmundo Auzo 4420 Botanical Place,Unit 103 $8,946.77 OR Book:4111,PG:0468 Naples,Fl 34112 FISCAL IMPACT: 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 Edmundo Auzo $7,158.27 $1,788.50 $8,946.77 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 Chairman to sign a release of lien for deferral of 100 percent of Collier County impact fee for owner occupied affordable housing dwelling unit. Prepared By:Mandy Moody,Grant Support Specialist,Community and Human Services Packet Page-1160- 1/13/2015 16.D.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.1. Item Summary: Recommendation to approve a release of lien for payment of a Countywide impact fee deferral agreement obligation. Meeting Date: 1/13/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community&Human Services 11/14/2014 9:27:17 AM Submitted by Title: Grants Support Specialist, Community&Human Services Name: MoodyMandy 11/14/2014 9:27:18 AM Approved By Name: SonntagKristi Title: Manager-Federal/State Grants Operation, Community&Human Services Date: 12/1/2014 5:24:10 PM Name: PattersonAmy Title: Manager-Impact Fees &EDC, Business Management&Budget Office Date: 12/3/2014 3:54:59 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 12/8/2014 1:00:28 PM Name: GrantKimberley Title: Director-Housing,Human and Veteran S, Community &Human Services Date: 12/8/2014 9:22:06 PM Packet Page -1161- 1/13/2015 16.D.1. Name: McKuenElly "~ Title: Grants and Housing Coordinator, Senior, Community&Human Services Date: 12/18/2014 7:53:34 AM Name: RobinsonErica Title: Accountant, Senior,Grants Management Office Date: 12/18/2014 9:16:26 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 12/18/2014 4:22:12 PM Name: CarnellSteve Title: Administrator-Public Services,Public Services Division Date: 12/22/2014 3:27:06 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/23/2014 11:44:05 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 1/5/2015 1:39:03 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 1/5/2015 4:17:16 PM Packet Page-1162- 1 3941131/1 3/2015 16.D.1. RECORDED in OPelueu en,.uwo v► Waa.s.vvv.... .v 09125/2006 at 03:00PN DAIGHT K. BROCE. CLERK Rehm to RIC PEE 21.00 Lium Bard RetR: ' 1 Cotlie.Coumy OSH OPKRATIOAAL SUPPORT 6 ROUSING 2800 N.Horseshoe Drive LAUREN BEARD Napin FL 34101 IATEROPPICK File#06-023-IF 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 7 day of September, 2006,between Collier County, a political subdivision of the State of Florida(COUNTY)and Edmundo Auza(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: 1. 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 dwelli st[ttached as Exhibit"A." �LQT\ 3. The term of this Agreement^ i awe et- i�i'yioy until the impact fee is repaid. 4. The amount of the impa� deferred shall be paid e COUNTY in full upon: a) the / t sale of the dwelling u nif; tl theraancing OI'tli dwelling t�t; c)a loss of the homestead ti exemption; or d)the pirstj c r afar of any part of the affected real property,and in any such ev iL i :,pact e�shdll.be paid in full to the COUNTY II. not later then the closin e sale,or not lateren he ,�fe the date of the transfer. As set forth in Exhibit "B," tli wit of the defe re9 t Ca fees is Seven Thousand, One Hundred Fift -Ei: t dollars T .1)0 $7 'Repayment shall include any accrued interest. Interest shall be compu ., 'r•, . 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 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 Packet Page -1163- Page 1 01 2 I C 1/13/2015 16.D.1. 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. OWNER: W. e ses: - /.L 7 14/4' -' — Print Name , ,arAJfs 0r.a =:, do uza Witnesse • Print Name /L1(i I i-c_Q R'-c -1 STATE OF FLORIDA O ` R C U COUNTY OF COLLIER The foregoing Agreeme t C acknowledged before �e this 7 day of September,2006, by Edmundo Auza, who are pers all awn to . o prod edl as identification ( --441 ,r tCaw,/% � 2 [NOTARIAL SEAL] r, . , �� C",,,,,, ign -r - of'Ill � j/ ,. „lc) l Milne L cum, f . & M ConerdsMOn 0 04211Af f C./ii,-)-k.*. EnpYM June U.20011 co (Print Nam 'o/a/y Public) 2 �7.. cn .-.err ..: on Expires: • COLLIER COUNTY,FLORIDA By: -/'C�_'r'/ J ES V.MUDD,COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this Da"dday of September,2006, by James V.Mudd,County Manager,on behalf of the OUNTY,who is personally known to me. [NOTARIAL SEAL] ` •1 (Signature of No :. ' blic) Lauren J.Beard ..�y phi-- _- .k Commission#DD159084 Q t r� \ a rd A. :: Expires:Oct 24,2006 -.yi,iie?'= Bonded•n.,, (Print Name of Notary Public) ,- Atlantic Bonding Co.,Inc. j Commission Number: My Commission Expires: Apr' ova. i to form and Rec. end approval: Al leg s i • imifill Jeffr•ti A. ii' atzkow Denton Baker,Director of Assis� t ��sunty Attorney Operational Support&Housing Packet Page -1164- Page 2otZ •i *** 1/13/201516.D.1.* EXHIBIT"A" LEGAL DESCRIPTION UNIT 103,BUILDING 9,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 Amount Owed A. EMS Impact Fee $93.00 B. Correctional Facilities Impact Fee $117.98 C. Library Impact Fee $166.90 D. Community Parks Impact Fee $561.70 E. Regional Parks Impact Fee $560.68 F. Educational Facilities Syste r p _,FedCO i $827.00 G. Road Impact Fee � $2,662.00 H. Government Buildings a•. $159.01 .-. I. Sewer Impact Fee $2,010.00 TOT PACT FEES ; $7,158.27 r � E CAW JAK Approved_/_/_ Packet Page-1165- 1/13/2015 16.D.1 . Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34109 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014206538 Transaction Number: 2014-053656 Date Paid: 10/15/2014 Amount Due: $8,946.77 Payment Details: Payment Method Amount Paid Check Number Check $8,946.77 10215257 Amount Paid: $8,946.77 Change / Overage: $0.00 Contact: Chicago Title Insurance Company 601 Riverside Avenue Bldg 5, 6th Floor Jacksonville, FL 32204 FEE DETAILS: • Fee Description Reference Number Original Amount GL Account Fee Paid Deferral M/F Community Park MS20140012194 $561.70 $561.70 346-156410-324103-31346.1 Deferral M/F Regional Park MS20140012194 $560.68 $560.68 346-156405-324103-31346.1 Deferral M/F EMS Payoff MS20140012194 $93.00 $93.00 350-140470-324103-31350.1 Deferral M/F JAIL Payoff MS20140012194 $117.98 $117.98 381-110430-324103-31381.1 Deferral M/F LIBRARY MS20140012194 $166.90 $166.90 355-156190-324103-31355.1 Payoff Deferral M/F ROAD Payoff MS20140012194 $2,662.00 $2,662.00 333-163653-324103-31333.1 D2 Deferral M/F SCHOOL MS20140012194 $1,033.63 $1,033.63 113-000000-209050 Payoff Deferral M/F GOVT BLDG MS20140012194 $159.01 $159.01 390-122231-324103-31390.1 Payoff Deferral M/F SEWER MS20140012194 $2,010.00 $2,010.00 002-138770-324103 Payoff Interest PARKS MS20140012194 $280.39 $280.39 346-989010-361190-99346.1 Interest EMS MS20140012194 $23.24 $23.24 350-989010-361190-99350.1 Interest JAIL MS20140012194 $29.48 $29.48 381-989010-361190-99381.1 Interest LIBRARY MS20140012194 $41.70 $41.70 355-989010-361190-99355.1 Interest ROAD D2 MS20140012194 $665.13 $665.13 333-989010-361190-99333.1 Interest GOVT BLDG MS20140012194 $39.73 $39.73 390-989010-361190-99390.1 Interest SEWER MS20140012194 $502.20 $502.20 002-989010-361190 Cashier Name: melissaalvarez Batch Number: 4054 Entered By: fleishmanpaula Packet Page-1166- 1/13/2015 16.D.1 . v 0...m0 z m ANaO D m m A.o° z - m -.° 1 MI r � m C 0 M° m - -4 N T o - $ 73 m o : °w v N D 0 T T D 49 i rib C v 1 13 ;- 0 5 N _ N 5 V (O�1 rN $ O-,v a o w �o�c F.. z 8 m A 8 e 8� it N Im rn ww g w N A in a°`8 D a p N 74'Ir a, co aco aQ co ■,,, r_ N N ZyA o N-. m 75 8 8 ae8< ( 'y '..`i&'D 4 � � �No w c.> ae 8 N N n N S s W U N O w w r e 8 G) O N N 00 (W0 N N f0 m A w e o C) N O N 8 IS e8z N N 1, (71 U pip O I'pp.Z1$iT' N N W 8 1 g 6Z 8 18 aE8" ✓ a �e) & g ggg 0 g� g a` ii MI mo F Z mm° N Packet Page -1167- 1/13/2015 16.D.1 . Prepared by: Mandy Moody Collier County Housing,Human &Veteran 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 Edmundo Auzo to Collier County, recorded on September 25, 2006 in Official Records Book 4111, Page 0468, of the Public Records of Collier County, Florida, in consideration of$8,946.77, 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 follows: Unit 103, Building 9, 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 TOM HENNING, CHAIRMAN Dated: Approved as to form and legality: (SEAL) Jennifer A. Belpedio \Cr �, Assistance County Attorney `` 11450C-00632/1132963/11 Packet Page -1168-