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Agenda 01/13/2015 Item #16D 4 1/13/2015 16.D.4. EXECUTIVE SUMMARY Recommendation to approve a release of lien for repayment of an obligation under a Countywide impact fee deferral agreement. OBJECTIVE: To support the affordability of housing in Collier County througP 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 i*ipact fee that would otherwise then be due and payable but for the agreement The impact fees 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 Official Records Public Amount Record David Cruz& 9059 Gervais Circle#1306 $24,264.63 OR Book: 4392,PG: 4073 /'■, Claudia Corrales Naples,Fl 34120 FISCAL IMPACT: Collier County impact fee deferral funds in the amount of$24,264.63 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 David Cruz&Claudia $19,411.94 $4,852.69 $24,264.63 Countywide Corrales 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%of Collier County impact fees for owner occupied affordable housing unit. Prepared Bv: Mandy Moody,Grant Support Specialist,Community and Human Services Packet Page-1276- 1/13/2015 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve a release of lien for repayment of an obligation under a Countywide impact fee deferral agreement. Meeting Date: 1/13/2015 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Community &Human Services 12/1/2014 2:52:45 PM Submitted by Title: Grants Support Specialist, Community &Human Services Name: MoodyMandy 12/1/2014 2:52:46 PM Approved By Name: SonntagKristi Title: Manager-Federal/State Grants Operation,Community &Human Services Date: 12/1/2014 5:17:27 PM Name: PattersonAmy Title: Manager-Impact Fees&EDC, Business Management&Budget Office Date: 12/3/2014 3:55:15 PM Name: GrantKimberley Title: Director-Housing, Human and Veteran S, Community&Human Services Date: 12/8/2014 9:25:03 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Division Date: 12/10/2014 1:18:59 PM Name: TownsendAmanda Packet Page-1277- 1/13/2015 16.D.4. Title: Director-Operations Support, Public Services Division Date: 12/16/2014 2:06:07 PM Name: McKuenElly Title: Grants and Housing Coordinator, Senior, Community &Human Services Date: 12/18/2014 7:55:13 AM Name: RobinsonErica Title: Accountant, Senior,Grants Management Office Date: 12/18/2014 9:18:19 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 12/18/2014 2:52:52 PM Name: CarnellSteve Title:Administrator-Public Services,Public Services Division Date: 12/22/2014 3:29:01 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/23/2014 11:39:10 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 1/5/2015 1:39:20 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 1/5/2015 4:18:12 PM Packet Page -1278- 4209956 1/13/2015 16.D.4. RECORDED in OFFICIAL KILUKU4 OE 1ULLlin aunt!, fL Return to 09/11/2018 at 12:48PN DWIGHT B. BROCB, CLIRI RBC FBI 27.00 Frank Ramsey CUBS 3.00 Collier County HHS Retn: �-.. 3301 E.Taoism'Trail CLERK TO THE BOARD Naples Florida 31112 INTEROFFICE 4TH FLOOR File#08-196-IF IIT 1240 This space for recording LIEN AGREEMENT FOR DEFERRAL OF 100%OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE H � OUSI�NG DWELLING UNITS nn 1' This Agreement is entered into this" day of-July,2008,between Collier County,a political subdivision of the State of Florida (COUNTY) and "David Cruz and Claudia V. Corrales" (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•_ •r• .isle z ed as Exhibit"A." 3. The term of this Agreement •••." `j \ gr / �� . e date set fo abp e until the impact fee is repaid. 4. The amount of the impai t f s •e erred-shall-he-paid tt thhe\COUNTY in full upon: a) the sale of the dwelling 't; If i '•b •'cl -''vela's 't; c)a loss of the homestead �-. l exemption; or d)the t, •c•� :ric1, an ?': e o st! any part of the affected real property,and in any suc\ -nt the deferred impact fees dial be paid in full to the COUNTY ✓ 't 1 /..C...)/ not later then the closing ore . e,or not later then 'iefctive date of the transfer. As set forth in Exhibit "B," the amot it f , .r.1 impact fees is Nineteen Thousand Four Hundred Eleven and 94/100 Dollars ($19,411.94). 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 Iien 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 nntir'P ;c ^�^";ded to the OWNER, the COUNTY Packet Page -1279- 1 0 1/13/2015 16.D.4. 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. Attestif' - _ c, BOARD OF COUNTY COMMISSIONERS DW GH?ReBROCK ierk COLLIER COUNTY,FLORIDA, AtteBVi . �'..4"6". ✓At`s= --Bx: _ ,, j__ / ' L00/ signature enl 'I'' Duty Clerk 'R C® 1�. •' HE G,CH• Tin WITNESSES AS TO B•TH SIG Sv\ ��` V,NER: >\ Wi esse �, l rid (� 7 L ^ Print ••ame M3�. : i L tbavi ,Cia}z 1 _. -y / OP °?' �/� f � Witnes -� I oe Print Name (--�� "J- �✓ !„ _ CI i- ga", r7Co es STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknow edged before me this day of , 2008, bybklta CxteZ+Cl d+k_C o is personally known to me or h produced Ft- r7✓riol (.-/C ) x as proof of identity. 11, haLt 2010 • iA/4 ( /—P .�/ , %p'a„a Alen.Common_DD 01575 Signa - of Person Takin Acknowledgment Bonded er Naomi g Approved as to form Reco. end Approval: and legal sufficiency: gos ms_ A .-P tell � � arty Krumb' ,MPA Astant County Attorney Director Collier County Housing and Human Services Packet Page -1280- *** OR 1/13/2015 16.D.4. EXHIBIT"A" LEGAL DESCRIPTION Unit 1306,Vista III at Heritage Bay,a Condominium pursuant to Declaration of Condominium Recorded in OR Book 4322,Page 3638 Street Address 9059 Gervais Circle#1306,Naples,FL 34120 EXHIBIT"B" IMPACT FEE BREAKDOWN Type of Impact Fee I Amount Owed A. EMS Impact Fee $112.04 B. Correctional Facilities Impact Fee $90.11 C. Library Impact Fee $368.18 D. Community Parks Impact Fee $750.00 E. Regional Parks Impact Fee 0 ` Cot ' $1,659.00 F. Educational Facilities Syst• 'pact Fee $2,862.00 G. Road Impact Fee / 7 $6,059.00 i--� H. Government Buildings I p t e $410.00 r, I. Law Enforcement Im � r F- $171.61 J. Water System Impact Ff iV K. Sewer System $3 415.00 stem Im act Fee -0 �,� ' Y P �J., $3,515.00 TOTAL IMPACT FEES 519,411.94 Packet Page-1281- 1/13/201516.D.4. 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 David Cruz & Claudia Corrales to Collier County, recorded on September 11, 2008 in Official Records Book 4392, Page 4073, of the Public Records of Collier County, Florida, in consideration of $24,264.63, 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 1306, Vista 111 at Heritage Bay, A Condominium, pursuant to the Declaration of Condominium recorded in OR Book 4322, Page 3638, 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 Assistance County Attorney 1 S Packet Page-1282- 1/13/2015 16.D.4. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014212471 Transaction Number: 2014-059589 Date Paid: 11/18/2014 Amount Due: $24,264.63 Payment Details: Payment Method Amount Paid Check Number Check $24,264.63 41146 Amount Paid: $24,264.63 Change / Overage: $0.00 Contact: Rothman &Tobin, PA 11900 Biscayne Blvd. N Miami, FL 33181 FEE DETAILS: Fee Description Reference Number Original Amount GL.Account Fee Paid Deferral M/F Community Park MS20140013484 $750.00 $750.00 346-156410-324103-31346.1 Deferral M/F Regional Park MS20140013484 $1,659.00 $1,659.00 346-156405-324103-31346.1 Deferral M/F EMS Payoff MS20140013484 $112.04 $112.04 350-140470-324103-31350.1 Deferral M/F JAIL Payoff MS20140013484 $90.11 $90.11 381-110430-324103-31381.1 Deferral M/F LIBRARY MS20140013484 $368.18 $368.18 355-156190-324103-31355.1 Payoff Deferral M/F ROAD Payoff MS20140013484 $6,059.00 $6,059.00 338-163658-324103-31338.1 D6 Deferral M/F SCHOOL MS20140013484 $3,577.46 $3,577.46 113-000000-209050 Payoff Deferral M/F GOVT BLDG MS20140013484 $410.00 $410.00 390-122231-324103-31390.1 Payoff Deferral M/F WATER MS20140013484 $3,415.00 $3,415.00 002-138770-324103 Payoff Deferral M/F SEWER MS20140013484 $3,515.00 $3,515.00 002-138770-324103 Payoff Deferral M/F LAW ENF MS20140013484 $171.61 $171.61 385-110433-324103-31385.1 Payoff Interest PARKS MS20140013484 $602.20 $602.20 346-989010-361190-99346.1 Interest EMS MS20140013484 $28.01 $28.01 350-989010-361190-99350.1 Interest JAIL MS20140013484 $22.53 $22.53 381-989010-361190-99381.1 Interest LIBRARY MS20140013484 $92.04 $92.04 355-989010-361190-99355.1 Interest ROAD D6 MS20140013484 $1,514.66 $1,514.66 338-989010-361190-99338.1 Interest GOVT BLDG MS20140013484 $102.49 $102.49 390-989010-361190-99390.1 Interest WATER MS20140013484 $853.70 $853.70 002-989010-361190 Interest SEWER MS20140013484 $878.70 $878.70 002-989010-361190 Interest LAW ENF MS20140013484 $42.90 $42.90 385-989010-361190-99385.1 Cashier Name: LeaDerence Batch Number: 4110 Packet Page -1283- 1/13/2015 16.D.4. co $ E �� x `ate 1-• {W.. m¢w I- Z `au LL LL O 0 a° e 0,c N tO 0 O tV N 3 V 8 N a- N 44 w It D g T N W n• W N O ;I; h 5, OQ e O O W N 7 t0 tai 00 e O N W N N N m V ^ Ps N 00 0 V' a Jm O -• ON N V N all M 4A 0 0 O aE N N J O a C st O N n O N N V N io O° co 0 O N v ri Oi i0O M N » w en >m= 8 N Q to cco m to / J 7--° YNi 3 ' R N N - O • en 6 O O IN N N 0 O eR ct O N ^ Y N LL N N 4 n O 0 N.0 a o 6 W N K w w o ao rn rn o N < + v a.o m r 2 n'.3 m rn 2 -a 4> 6 6 O O a a w Cr, F m ' CO W Z N C W D N g° N •N Q N LL LL 0 Q J LL N • N Q 0 N N 0 N_M h LL O O Z W to U 0^ LL O W 0 N°v O N N 0 J W z 7 Z Q y LL FVOA M W 1- n 9 c.-,- LL W CC 0 a 00 O rn 0 0 Z 2 Packet Pa:e-1284- Proposed Agenda Changes Board of County Commissioners Meeting January 13, 2015 Continue Item#16A19 to the January 27,2015 BCC Meeting: Recommendation to approve termination of a 2005 Developer Agreement between Collier County and Naples Syndications,LLLP and approve a replacement Developer Agreement between the County and the new Developer,ARGO Warm Springs LLC, to among other things design,permit and construct of a portion of Woodcrest Drive. (Petitioner's request) Move Item#16D17 to Item#11C: Recommendation to approve the use of previously awarded Invitation to Bid No. 14-6278RR,"Aquatic Maintenance Support Services"with Tri-City Pools,Inc.for budget- approved capital and operating expenses. (Commissioner Henning's request) MOVE ITEM #16D5 TO ITEM #11D: RECOMMENDATION TO AWARD CONTRACT NUMBER 14-6338, EAGLE LAKES COMMUNITY PARK POOL DESIGN SERVICES, TO VICTOR J. LATAVISH ARCHITECT, P.A., FOR PROFESSIONAL ARCHITECTURAL SERVICES, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED CONTRACT. (COMMISSIONER NANCE'S REQUEST) Move Item#16E9 to Item#11E: Recommendation to waive competition and authorize the purchase of certain fleet parts,repairs and services for County vehicles and equipment from local Ford dealerships on an emergency basis until contracts can be put in place and to authorize purchases from the single-source supplier Wallace International Trucks located in Ft.Myers. (Commissioner Henning's request) Move Item#16J6 to Item#13A: To provide the Board of County Commissioners the Clerk of the Circuit Court's Office regarding Audit Report 2014-13 North Collier Regional Park-Cash Handling issued on January 7,2015. (Commissioner Taylor's request) Note: Item#7 Public Comment: To be heard immediately following the conclusion of the regular agenda if that occurs before 1:00 p.m. Item#16B1 title on agenda index should read:Request Recommendation that the Collier County Board of County Commissioners (BCC)as the Community Redevelopment Agency Board(CRAB)adept-an authorize advertisement of an ordinance teed amending Ordinance No.2002-38,"The Collier County Redevelopment Grant Program Ordinance,"in order to adopt a Commercial Sweat Equity Grant Program for the Immokalee Community Redevelopment Area. (County Attorney's Office request) Add the following clarification to Item#16K3: Composting is permitted on any residential or estates property..." (County Attorney's request) 1/13/2015 8:41 AM