Agenda 02/24/2015 Item #16D2 2/24/2015 16.D.2.
EXECUTIVE SUMMARY
Recommendation to authorize a release of lien for 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 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
Michelle D.Canales 3763 Justice Circle $18,728.33 OR Book:4427,PG: 0387
n Immokalee,FL 34142
FISCAL IMPACT: Collier County impact fee deferral funds in the amount of$18,728.33 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
Michelle D.Canales $14,987.08 $3,741.25 $18,728.33 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
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2/24/2015 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to authorize a release of lien for deferral of 100
percent of a Countywide impact fee for owner occupied affordable housing dwelling unit.
Meeting Date: 2/24/2015
Prepared By
Name: MoodyMandy
Title: Grants Support Specialist, Community&Human Services
1/20/2015 4:57:38 PM
Submitted by
Title: Grants Support Specialist, Community &Human Services
Name: MoodyMandy
1/20/2015 4:57:39 PM
Approved By
Name: PattersonAmy
Title: Manager-Impact Fees&EDC,Business Management&Budget Office
Date: 1/26/2015 2:17:49 PM
Name: GrantKimberley
Title: Director-Community and Human Services, Community&Human Services
Date: 1/26/2015 3:54:15 PM
Name: McKuenElly
Title: Grants and Housing Coordinator, Senior, Community &Human Services
Date: 2/3/2015 9:44:59 AM
Name: TownsendAmanda
Title: Director-Operations Support, Public Services Department
Date: 2/4/2015 4:22:31 PM
Name: AlonsoHailey
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2/24/2015 16.D.2.
Title: Operations Analyst,Public Services Department
Date: 2/5/2015 2:47:32 PM
Name: SonntagKristi
Title:Manager-Federal/State Grants Operation, Community&Human Services
Date: 2/8/2015 7:06:04 PM
Name: CamellSteve
Title:Administrator-Public Services,Public Services Department
Date: 2/9/2015 1:49:59 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 2/10/2015 11:30:40 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2015 9:20:07 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 2/17/2015 5:02:16 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/18/2015 8:33:08 AM
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4260567 OR: 2/24/2015 16.D.2.
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
Return to 02/12/2009 at 11:26AM DRIGH? E, BROCK, CLERK
Frank NEC FEE 35.50
rank Ramsey
Collier County HHS COPIES 4.00
3301 E.Tamiami Trail Retn:
Naples,Florida 34112 CLERK TO THE BOARD
INTEROFFICE 4TH FLOOR
File#09-072-IF ETT 7240
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 10th day of February, 2009, between Collier County, a
political subdivision of the State of Florida (COUNTY) and "Michelle Denise Canales" (OWNER),
collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parti .1 - : s llows:
1. This Lien Agreement is ma ,,_ .- • -4 s the Code of Laws and Ordinances of•
Collier County, Florida, n as "The Collier Co % nnsolidated Impact Fee Ordinance"
(Ordinance). In the a ent of\:,- n'Ihct w3tic-his A eerl4ent, the terms of the Ordinance
\\shall apply.
2. The legal description C tiZtfacheYE laibtt "A."
3. The term of this Agre- t is from the date se' orth above un til the impact fee is repaid.
1,,, /(5...„,
4. The amount of the imps, fep. -deferred shall be .a ilc' he COUNTY in full upon: a) the
C.+ 1
sale of the dwelling unit; b) t - + elling unit; c) a loss of the homestead
exemption; or d) the first occurrence of any sale or transfer of any part of the affected real
property, and in any such event the deferred impact fees shall be paid in full to the COUNTY
not later then the closing of the sale, or not later then the effective date of the transfer. As set
forth in Exhibit `B," the amount of the deferred impact fees is Fourteen Thousand Nine
Hundred Eighty Seven and 08/100 Dollars ($14,987.08). 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 lien shall
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• +•+I av• VJVV
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 enforc: r iq ,,, declare that the deferred impact fees are
then in default and immedi.a , e and payable. ,O�UNTY shall be entitled to recover
all fees and costs, includin ra ' fee and costs, i curesed by the COUNTY in enforcing
this Agreement, plus ter"st t the t - . im status r rate for judgments calculated on
a calendar year basis ti paid. '�
8. This Agreement is th ? e =• .e - th ics-,with respect to the subject matter
herein, and shall be bin upon the OWNE ' ucce land assigns in interest.
se9. This Agreement shall b- c recorded in the official 8' • of the County at no cost to the
COUNTY. _,) '° \5
'-'
CIE CRC
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest: ,r BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,.clerk COLLIER COUNTY, FLORIDA,
By: ' . - : By: / — . _. ?1. 51...r
AttesR.mit0 l Dsp y Clerk DINNA FIALA, CHAIRM
signets*i ii• - �-
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OR: 442 / ri: Ui 9
WITNESSES
OWNER:
Witnesses: k �
`4`r1a 4. CLQ.�c 4 ota ►1 ' I ...A 1., t■
Print Name o lar44-ta. -p-1 ArcaG[o Mic elle Denise Canales
OWNER:
Witnesses:
.J■ e__ c)9 /,4
Print Name-ly i Yil _L r r a
STATE OF FLORIDA)
COUNTY OF COLLIER)
�T�h/yeforegoiin eement acknowledged before me this (� day oft, ,
°�z1 r l of t.. 1„/,,i, ^acca,.fi' e-is,.pe Y p
2008, / g''� ersonall known to me or has produced
A giof
T identity.
[NOTARIAL SEAL] ,_, ,
40"tt. VIRGINIA CANPU - 1 :p i e o 'erson Taking Acknowledgment
MY COMPASSION#DDD94i2$ `
t.sto.3.Novuty M.Nary Co.
Approved as to form 1. • commend ';, ..a oval:
and legal sufficiency: �%., ( / �).
C eeteebt-fre-04_,0-- 741''' •' ,•0
Colleen Greene bin , PA
Assistant County Attorney 7.,„,__E C
ollier County Housing and Human Services
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OR. 4=L I £ , VJ2V -.
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 125, Liberty Landing, according to the plat thereof,as recorded in Plat Book 47, Pages 71
through 73, inclusive, of the Public Records of Collier County, Florida
STREET ADDRESS
3763 Justice Circle, Immokalee, FL 34142
EXHIBIT"B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee CO !?� $112.46
B. Correctional Facilities Ixnpa.53E $: ? $66.97
C. :::;::L $402.79
D. 1 - E $862.50
E. Regional Parks Impact $1,907.85
F. Educational Facilities Syst- • . .- t Feed $3,139.61
?WE CI. L
G. Road Impact Fee $7,858.52
H. Government Building Impact Fee $450.18
I. Law Enforcement Impact Fee $186.20
TOTAL IMPACT FEES S14,987.08
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Prepared by: Mandy Moody
' ollier 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 Michelle Denise Canales to Collier County, recorded on February 12, 2009 in Official
Records Book 4427, Page 0387, of the Public Records of Collier County, Florida, in consideration of
$14,987.08, 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:
Lot 125, Liberty Landing, according to the plat thereof, as recorded in Nat Book 47, Page 71 through 73,
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
')WIGHT E. BROCK, CLERK COUNTY, FLORIDA
By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Dated: Approved as to form and legality:
(SEAL)
Jennifer A. Belpedio
Assistance County Attorney �,���
C • \\
Cq
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Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number: 2014217093
Transaction Number: 2014-064211
Date Paid: 12/15/2014
Amount Due: $18,728.33
Payment Details: Payment Method Amount Paid Check Number
Check $18,728.33 30010
Amount Paid: $18,728.33
Change / Overage: $0.00
Contact: HABITAT FOR HUMANIT OF COLLIER COUNTY INC
11145 TAMIAMI TRAIL EAST
NAPLES , FL 34113
FEE DETAILS:
Fee Description Reference Number Original Amount GL Account
Fee Laid
Deferral M/F Community Park MS20140014497 $862.50 $862.50 346-156410-324103-31346.1
Deferral M/F Regional Park MS20140014497 $1,907.85 $1,907.85 346-156405-324103-31346.1
Deferral M/F EMS Payoff MS20140014497 $112.46 $112.46 350-140470-324103-31350.1
Deferral M/F JAIL Payoff MS20140014497 $66.97 $66.97 381-110430-324103-31381.1
Deferral M/F LIBRARY MS20140014497 $402.79 $402.79 355-156190-324103-31355.1
Payoff
Deferral M/F ROAD Payoff MS20140014497 $7,858.52 $7,858.52 339-163659-324103-31339.1
D5
Deferral M/F SCHOOL MS20140014497 $3,923.36 $3,923.36 113-000000-209050
Payoff
Deferral M/F GOVT BLDG MS20140014497 $450.18 $450.18 390-122231-324103-31390.1
Payoff
Deferral M/F LAW ENF MS20140014497 $186.20 $186.20 385-110433-324103-31385.1
Payoff
Interest PARKS MS20140014497 $691.56 $691.56 346-989010-361190-99346.1
Interest EMS MS20140014497 $28.07 $28.07 350-989010-361190-99350.1
Interest JAIL MS20140014497 $16.72 $16.72 381-989010-361190-99381.1
Interest LIBRARY MS20140014497 $100.55 $100.55 355-989010-361190-99355.1
Interest ROAD D5 MS20140014497 $1,961.74 $1,961.74 339-989010-361190-99339.1
Interest GOVT BLDG MS20140014497 $112.38 $112.38 390-989010-361190-99390.1
Interest LAW ENF MS20140014497 $46.48 $46.48 385-989010-361190-99385.1
Cashier Name: melissaalvarez
Batch Number: 4154
Entered By: BrandiPollard
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