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Agenda 12/08/2015 Item #16D 512/8/2015 16.D.5. EXECUTIVE SUMMARY Recommendation to approve one State Housing Initiatives Partnership Program release of lien in the amount of $6,082.98 for an owner - occupied affordable housing dwelling unit where the obligation has been repaid in full. OBJECTIVE: To support the affordability of housing through the implementation of SHIP program strategies. CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the County shall defer the payment of the impact fees for any new owner - occupied unit which qualifies as affordable housing. Section 74- 401(a) (3) of the Code authorizes the County Manager to enter into a SHIP impact fee deferral agreement with the owner or applicant. Under the SHIP Impact Fee Deferral program, when an eligible applicant is approved for an impact fee deferral, the SHIP program pays the required impact fees in full to the County on behalf of the applicant and defers the SHIP repayment to the applicant until the property is sold, refinanced, or no longer their primary residence. The deferred impact fees shall be a SHIP lien on the property, and any repayment made on the lien shall be repaid to the SHIP Trust Fund. The funds deferred for the construction of one residential dwelling unit have been repaid in full. As such, the repayment obligation has been fulfilled and a satisfaction and release of the SHIP lien is needed. The following table contains details about the SHIP lien associated with this item. File # Name Property Address Lien Amount Payment Received Official Records 03- 129 -IF Habitat for Humanity of 3436 Carson Lakes $6,082.98 $6,082.98 Book:3251; PG: 0129 Collier County, Inc Circle, Immokalee Recorded: 03 /28/2003 Total $6,082.98 $6,082.98 FISCAL RYI.PACT: A total of $6,082.98 has been repaid to Collier County and is considered program income and has been deposited in the SHIP Grant Fund (791), Project No. 33429. Such funds may be reused for eligible SHIP program activities. 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 one SHIP release of lien where the obligation has been paid in full. Prepared by: Wendy Klopf, Operations Coordinator, Community and Human Services Packet Page -905- Attachments: Release of Lien- Habitat for Humanity IF Lien - Habitat for Humanity SHIP SAP Backup HfH Impact Fee 12/8/2015 16.D.5. i Packet Page r906- 12/8/2015 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.5. Item Summary: Recommendation to approve one State Housing Initiatives Partnership Program release of lien in the amount of $6,082.98 for an owner - occupied affordable housing dwelling unit where the obligation has been repaid in full. Meeting Date: 12/8/2015 Prepared By Name: KlopfWendy Title: Operations Coordinator, Community & Human Services 10/29/2015 4:20:27 PM Submitted by Title: Operations Coordinator, Community & Human Services Name: K1opfWendy 10/29/2015 4:20:29 PM Approved By Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Community & Human Services Date: 11/4/2015 1:39:22 PM Name: KushiEdmond Title: Accountant, Community & Human Services Date: 11/5/2015 9:10:55 AM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Community & Human Services Date: 11/5/2015 12:35:01 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 11/9/2015 2:46:49 PM Packet Page -907- Name: Bendisa Marku Title: Supervisor - Accounting, Community & Human Services Date: 11/9/2015 3:04:51 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/13/2015 2:18:16 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/16/2015 8:33:03 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/17/2015 9:06:46 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 11/18/2015 10:15:21 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/18/2015 11:05:27 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 11/19/2015 9:13:12 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/19/2015 10:35:11 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/19/2015 11:55:53 AM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 11/20/2015 3:01:17 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/20/2015 6:25:10 PM Packet Page -908- 12/8/2015 16.D.5. n 12/8/2015 16.D.5. 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 3399 E. Tamiami Trail, Naples, Florida 34112, the owner and holder of a certain Impact Fee Agreement executed by Habitat for Humanity of Collier County, Inc. to Collier County, recorded' on 03/28/2003 in Official Records Book 3251„ Page 0129, of the Public Records of Collier County, Florida, in consideration of $6,082.98, receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, described in the aforementioned Impact Fee Agreement, The undersigned is authorized to and does hereby 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. This Release of Lien was approved by the Board of County Commissioners on - 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By. By. Deputy Clerk Tim Nance, Chairman Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney, vA Packet Page -909- ' '' Pnamd by: Patrick G. WWW An-L CoWer Coiaq Att'y. 3301 Tamk ml Trad FAd Naples, M 34112 File# 03. 129 -IF 3153913 OR; 12/8/2015 16 -6.5. 11CMID in OFFICIAL 11C01DS of COLLIII COW, FL 03/21 12103 it 11:44A1 MCI? 1. N10C1, Cull 11C 111 11,51 Isla: FINANCIAL AMR i NOOSING INT110FFI0 ATTN: LA0111 1lA81113 -2331) TNs space for ceco OR AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE - FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Def �Impact Fees is entered into this a day of 2003 by �een Collier political subdivision of the State of Florida, through its the Bo ommiss' ners, re after referred to as "COUNTY," and Habitat for Human,ty u „ e} .na er referred to as "OWNER," collectively stated as the e " RECIT WHEREAS, Collier Ordinance No. �1.. the Collier County Consolidated Impact Fee Ordinance, as amen b may be further amended from time to time, hereinafter collectively referred to as pact Fee Ordinance," 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 l Packet Page -910- /— OR: 3.12/8/2015 16.D.5. 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 Section 74 -201, E. I.b. of the impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), 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 9- VINC NOW, valuable consideration, the Parties covenant and 1. RECITALS incorporated b rence herein. 2. LEGAL DESCR The legal (the "Dwelling U Housing. Recitals, and other good and hereby mutually acknowledged, are true and correct and are dwelling unit and its site plan " and is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 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 OWNL-R's monthly 2 Packet Page -911- VA: 3i 12/8/2015 16.D.5. 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 $6,082.98, as set forth in attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by OW I no later than the expiration of the TERM, OWNER �R co s to comply with the affordable housin i et fee deferral qualific ion riteria detailed in the Impact Fee Ordi an during e,terat of th s Air me t. 5. S which is subjecp" Y If DOWNER sells the Dwelling Unit i-sopotItient purchaser, the Dwelling Unit shall be soh#'�b to persons or -110 sO eeting the deferral qualifying criteria set forth in th wee Ordin C case of sale or transfer by gift of the Dwelling Unit, the on 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. 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 such period, the full amount of the deferred impact fees shalt 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 Six Thousand Eighty- 3 Packet Page -912- OR: 3 12/8/2015 16.D.5. Two dollars and 98/100 ($6.082.98), 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 of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortga er person, except that this lien shall be on parity with any lien fog 8. RELEASE OF U n satisfactory co letion of this Agreement's requirements, in lud' g a he de rred i pa t fees, the COUNTY shall, at the expense of he O o eti ar d umentation evidencing such payment, includt ut not lim ed to, a le of 9. BINDING EFFE is Agreement sh a land and be binding upon the Parties to this Agree m eirs, su d assigns 10. RECORDING. This Agree recorded by COUNTY at the expense of COUNTY 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 and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74 -501 of the codified Impact Fee Ordinance if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 Packet Page -913- QR ► 1 12/8/2015 16.D.5. of Laws Section 74 -501, B. within thirty (30) days of mailing of written '--1\ 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: (l) fail to comply with the said qualification criteria at any time during the fifteen (15) year terns; or (2) violate any provisioos- C• reement, then the dollar amount of impact fees deferre Aat m O , NER to the COUNTY within thirty (30) dayp'of y✓fAtea ngtification of b. Shoul th E fault of this Agreement, and the defaul is of u it i i ( ) a �a er mailing of written notice to the O R. the COU may bring civil action to enforce the Agreem � 0 c. In addition, � or otherwise enforced by the E C1R COUNTY, by action aw 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. 5 Packet Page -914- OR: 3 12/8/2015 16.D.5. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: Habita!,f rfiu flier County, Inc.: Print ame "ek By: S el J. Durso, M.D., President d' P e Print Nam STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was Samuel J. Durso, M.D., President off known to me. 0 [NOTARIAL SEA uliette J. dmno COLLIER COUNTY, STATE OF FLORIDA) COUNTY OF.COLLIER) o° before me this day of March, 2003, by o Collier County, Inc.. He is personally ng Acknowledgment COUNTY M The foregoing Agreement was acknowledged before me this a'ttaay of -'IN\ QLA �Ct-- _, 2003, by James V. Mudd, County Manager, on behalf of the OUNTY. He is personally known to me. [NOTARIAL SEAL] Lauren J. Beard Signature of Person Takin nowledgment `=. Commission NDD159084 '•_ Expires: Oct 24, 2006 �,i� aor�d Thru Adw do Bonding Co.. Inc Approved as to form and Rec ornmend Ap roval legna.mirricienc Patrick G. t e Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing 6 Packet Page -915- OR; 3 12/8/2015 16. D.5. EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 62, Carson Lakes Phase II, according to the plat thereof, as recorded in Plat Book 39, Pages 77 and 78, of the Public Records of Collier County, Florida. PGW Form%&Agreements/AM4sSW 100% Defertal Agmment (030703 1100) 7 Packet Page -916- EXHIBIT `B" IMPACT FEE BREAKDOWN co Type of Impact Fee �,� t Owed A. EMS Impact. Fee $ B. Correctional Fac' itie mpact $11 98 C. Library Impact ee 4. D. Parks Impact F E. Educational Facilit' . stem Impact Fee i$ F. Road Impact Fee 0!:� 5.00 C TOTAL IMPACT FEES $6,082.98 PGW Form%&Agreements/AM4sSW 100% Defertal Agmment (030703 1100) 7 Packet Page -916- O u �1 Y �# x y: s i N it ■I it f i� t� e� 5tv �a A J 99't96 3 o O[C9[,¢OS9. 1 fl !^ G Aft .s 4�R C r C m Qn 4E z U O a f�Y � � to .o I Obi i q t 1> Z9S �- ;o,SZ.10 N 6' sY� 9 g� e9 4� �p s R 3 S its I -INN IL iq Packet Page -917- 12/8/2015 16.D.5. LAX ev C-n Fr all d tom► W Q1 �t 12/8/2015 16.11 D.5. !1 O O+ a o, v Obi..... phi Co ° O w� O ,y u � D I� O � o a .+ � c F� O n u LL o � c L; � 0 rn N M 4° J Q 2 I7 O 4 LL LL r a % a c 0 C a d � D Q � L ep � K C d a E ~ o u c� B_ 0 o+ m u M n h u � Q uj Z V1 •--i C W a'r� LLxl O � D° V7 N LL y _.. Ch m 01 N n7 V cc . -I N E m m p i S n r cE (V E r m Packet Page_ 918 - N o 19 O }