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Agenda 02/11/2014 Item #16D 2 2/11/2014 16.D.2. EXECUTIVE SUMMARY Recommendation to approve a release of lien for an owner occupied affordable housing dwelling unit for which State Housing Initiatives Partnership (SHIP) have been repaid in full has a fiscal impact of$7,698.82. OBJECTIVE: To support the affordability of housing in Collier County through Impact Fee program waivers. CONSIDERATIONS: Pursuant to Section 74-401 of the Collier County Code of Ordinances, the County shall defer/waive the payment of impact fee for any new owner-occupied dwelling unit which qualifies as affordable housing under this article. Section 74-401(3) of the Code authorizes the County Manager to execute an impact fee deferral/waiver agreement with the owner or applicant. The deferred/waived impact fees are a lien on the property and the agreement is accepted then by the County in lieu of prompt payment of the impact fee that would otherwise then be due and payable. Section '74-401(p) (2) provides that if reimbursement is required pursuant to an impact fee deferral or waiver that was paid with State Housing Initiatives Partnership (SHIP)Program funds, such payment will be made to the County Affordable Housing Trust Fund. On April 24, 2001 the Board of County Commissioners (BCC) approved the State Housing Initiatives Partnership(SHIP). Local Housing Assistance Plan (LHAP)for fiscal years 2001-2004 (Item 16A1). The Plan included an Impact Fee Relief strategy to defer or waive Impact Fees for single-family units for low or very low-income first-time homebuyers in Collier County unless the property is sold, transferred, or is no longer the primary residence of the applicant prior to fifteen years from the date of purchase. A developer agreement with Habitat for Humanity was entered into on November 9, 2001 for deferral of the county impact fees for single-family affordable housing. The property subsequently was sold to an income-eligible household in Habitat Village. The funds deferred for the construction of one (1) 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 details the release of lien associated with this item. File Name Property Address Payoff Official Records Public Number Amount Record 02-0351F Habitat for Humanity- 12100 Sitterley St $7,698.82 OR Book: 2935, PG: 0402 (Gomez/Pablo) FISCAL IMPACT: The repaid amount of $7,698.82 is considered program income and has been deposited in SHIP Grant fund 791, Project 33258. Such funds may be reused for eligible SHIP program activities. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. Packet Page-409- 2/11/2014 16.D.2. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board Action.—JAB STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign one(1)release of lien. PREPARED BY: Wendy Klopf, Operations Coordinator,Housing, Human and Veteran Services: Packet Page-410- 2/11/2014 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve a release of lien for an owner occupied affordable housing dwelling unit for which State Housing Initiatives Partnership (SHIP) have been repaid in full has a fiscal impact of$7,698.82. Meeting Date: 2/11/2014 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 1/6/2014 5:27:49 PM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy 1/6/2014 5:27:51 PM Approved By Name: KushiEdmond Date: 1/10/2014 2:15:55 PM Name: Bendisa Marku Title: Operations Analyst,Wastewater Date: 1/14/2014 5:30:04 PM Name: GrantKimberley Title: Interim Director Date: 1/16/2014 12:15:21 PM Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human&Veteran Servi Date: 1/16/2014 1:31:45 PM Name: SonntagKristi Packet Page-411- 2/11/2014 16.D.2. Date: 1/16/2014 3:26:58 PM Name: TownsendAmanda Title: Director-Domestic Animal Services,Domestic Anima Date: 1/29/2014 1:46:56 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 1/30/2014 3:59:31 PM Name: CarnellSteve Title:Administrator-Public Services, Public Services Division Date: 1/30/2014 5:12:04 PM Name: RobinsonErica Title:Accountant, Senior, Grants Management Office Date: 1/31/2014 8:42:11 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1/31/2014 10:00:49 AM Name: KlatzkowJeff Title: County Attorney, Date: 1/31/2014 11:17:00 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 2/3/2014 8:22:37 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 2/3/2014 10:12:09 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/4/2014 10:56:34 AM Packet Page -412- 2/11/2014 16.D.2. Prepared by: Collier County Housing,Human&Veterans Services Dept 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 Impact Fee Agreement executed by Habitat for Humanity to Collier County, recorded on December 3, 2001 in Official Records Book 2935, Page 0402, of the Public Records of Collier County, Florida, in consideration of$7,698.82 , receipt of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, upon the aforementioned lien. The undersigned is authorized to and does hereby release this Lien with respect to the above- named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - ,2014,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Comm.Tom Henning Chairman Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney O Packet Page -413- 2/11/2014 16.D.2. 0.2- 035? • ...•�,: 2894455 OR: 2935 PG: 0402 dal,white RICORDID in O??ICIAL RICORD$ of COLLIIR COUIfl, IL AWL Collier CauanyAtt'y. ::'031I00! it 01:II11 HIV? I. HOCt, CLILI 3311 Tamed Troll Frost RIC /II 37.50 Neoln.M,3itt2 Retn: '.?::'S:NG ti URBAN ISPROVIRIN' INTIR Ci1ICI TO ROI Ms yKS for rT Urdly AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. �j This Agreement lior the Waiver �' �� « •s is entered into this ! day of 4 I' d� 2001. by and between Collier Co. ttcal su. -i iStn, tf the State of Florida through its Board of County C'omntissi neC.) 1•fter referred to as 'COUNTY," and Habitat for Humanity of Collier County Inc , hereina 'd tt us "0 N-"," collectively stated as the "Parties." CZ I" 'Y E-4 WHEREAS, Collier t . 0 Ordinance: No. "'" • 3 Get oilier County Consolidated Impact Fee Ordinance, as it ma �icr}amended f 4 to time, hereinafter collectively referred to as "Impact Fee Ordinu i 'T rc�i�l waivers of impact fees for new owner-occupied dwelling units qualifying as affordable housing:and WHEREAS, OWNER has applied for u waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement 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 waiver of impact fees otherwise required in the Impact Fee Ordinance: and - 1 - Packet Page-414- 2/11/2014 16.D.2. WHEREAS, the impact fee waiver shall he 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 liar an impact Ice waiver: and WHEREAS, pursuant to Section 74-201, E.1.h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances. the County Manager is authorized to execute certain Impact Fee Waiver Agreements: and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable !lousing:and. WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration. the receipt • • . u • z''41 Q�i+,t 6 is hereby mutually acknowledged. the Parties covenant and agree a• I I. RECITALS NCO'P • • r= c o 'tats are true and correct and are incorporated by fe � • 2. LEGAL. DESC'R . I' tioti th Po/•fling unit and its site plan (the "Dwelling U 's attached as Exhi • incorporated by reference herein. uw, oxs 3. TERM. The term of thO =•11 )C,9) nger than a period of fifteen (15) C years commencing I'ronn the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and Ca`' shall he 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: u. OWNER'S household earnings will not exceed a eery low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - Packet Page-415- 2/11/2014 16.D.2. • payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance: h. OWNER is a first-lime home buyer; c. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner: d. OWNER is the owner of record or the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Seven 'Thousand Six Hundred Ninety-Eight Dollars and Eighty Two Cents (57,698.82), as set Furth in the attached Exhibit "B." incorporated by reference: and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER. OWNE: ants and agrees to comply with the affordable 4• pact fee :tb. Iification criteria detailed in the G Impact F 0 5. SUBSEQUENT 'RA ; '4 , u ' f 'N R sells the Dwelling Unit which is subject tot mp• •t a t-"r► • •' s►. ue t purchaser. the Dwelling Unit shall be sold to persons ur house. Ids r, •a waiver qualifying criteria set forth in the lm+ Ordinance. In c • le or transfer by gift of the w w Dwelling Unit, the mil' • NER shall \.16- 'able for the impact fees waived `-" •w until said impact fees arc pai e conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. its 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he 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 waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of Seven Thousand Six Hundred Ninety- - 3 Packet Page-416- 2/11/2014 16.D.2. • Eight Dollars and Eighty Two Cents($7.698.82),as set forth in attached Exhibit "B." This lien tnuy he ti►reclosed 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 he considered junior, ini'erior, 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.mortgagee,or other person, except that this lien shall be on purity with any lien for County tuxes. 8. RELEASE OF LIEN. Upon s, 'sluctory completion of this Agreement's requirements after fiftee Ol , i-o-• - •• ► of issuance of the certificate of oxccupancy,or upon •rilp' •yment of the waive u •••t fees, the COUNTY shall, at the expense of th- Cs N • •co any t.• ssury oc mentation evidencing such payment or relea.• of 9. BINDING EFFE • I g .. .'' run • t .F id and he binding upon the Parties to this Agree land their heirs.s ;4,- st .• ,%signs. e"az 10. RECORDING. This ` 4 tent shall be rec COUNTY at the expense of 1t' My COUNTY in the Official ` •'�' r- •nty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. slab cs•s • I I. DEFAULT. OWNER shall be in default ol'this Aga-cement if: a. OWNER fails to sell the Dwelling Unit in accordance with the uftbrdahle housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) Clays of mailing of written 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. - 4 - Packet Page-417- 2/11/2014 16.D.2. . • 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (I) fail to comply with the said qualification criteria at any time during the fifteen (15) year term: or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty(30)days of written notification of said violation. h. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety(90)days after mailing of written notice to the OWNER, then the COUNTY may firing civil action to enforce the Agreement. c. In addition. the ' • • - . • foreclosed, or otherwise enforced by the COUN' : + 0• :' in law or equity including the to • los of a mortgage on re•or pro, •ny. The COUNTY shall be e till•" to rec • fees td co. s, t eluding attorney fees. plus i to , t th st s o , r , tt nts •alculated on a calendar day ./ f:. fin jai �v Pra ' - ► GU N IN WITNESS WHIR• • Parties have • 4Skit this Agreement for Waiver of '7' Impact Fees on the date and year first i*LI in in 0 Witnesses: OWNER: rn gilh,i_i(ji(zi,. HABITAT FOR HUMANITY OF ' •nt Na L'Jtcry/ K. 'dig lone_ COLLIER COUN Y. IKC� 1Lt ,, , , ntNam AlITNAti _ B ' '17 e� `Z. ' Samuel J. •urso, M.D.. President - 5 - Packet Page -418- 2/11/2014 16.D.2. OR: 2935 PG: 0407 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this , day of .1 2001 by Samuel J. Durso, M.D., President 0 bitat fir Hu�sanity of Collier County, nc. He is personally known to me. /f/� �• �_ I/ /,/ _ — (NOTARIAL SEAL.J Signutu ' nc Taking Acknowledg neat . ...........,... cl.....c,,,.Name of Acknowledger Typed,Printed or Stamped aM�, a,J!..•,,! • i ,cc'. r,- „. COLLIER COUNTY, FLORIDA By i 4111111111*\���R Co -OMAS W.OLLIFF, NTY MANAGER STATE OF Florida COUNTY OF Collier The foregoing Agree umn e P i day of)l h't'l mkt, 2001 by Thomas W. OMIT,Count 4 �a cis personally known tome.44, .•1116 IL [NOTARIAL SEAL( Stgna lr F•nt "7'' ,� Ye.ts Name of Ackeri riti''rmted or Stamped Approval Recommended Approved as to form and NO muffs • ley: / * Greg ask. Director Patrick G. White Hous 4: It Urban improvement Assistant County Attorney - 6 - Packet Page-419- 2/11/2014 16.D.2. EXHI BIT"A" LEGAL.DESCRIPTION LOT 20,BLOCK A. HABITAT VILLAGE.ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37,PAGES 48 THROUGH SI,INCLUSIVE.OF THE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA. EXHIBIT"B" IMP• • .". '• KIX)WN •Ii Type of Impact Fee 01- ?`„,_, Amount Owed A. Library Impact Fee $ 214.00 B. Road Impact Fee ,8_5.00 C. Parks Impact Fee: 820.84 CD D. EMS Impact Fee �, 93.00 7° E. Educational Facilities i Impact Fee GO 1,778.00 � u+ F. Water Impact Fee Ql,, C�� l.275.00 • G. Sewer Impact Fee ��IE CIR 1,575.00 .A. H. Correctional Facilities Impact Fee 117.98 •o TOTAL IMPACT FEES WAIVED $7.898.82 - 7 - Packet Page-420- 2/11/2014 16.D.2. . . , . p • • Sou-v(.28-w 153.44' oll `A. Q.' , Irma? -.. 4 ce,Q ki a' SID ao • •s: . .��io 1\) h go w CO � w im" 1. 1 8 ' �w w 20•06L13 .1•G. t . 28'x. ,o o po P 1 ble ••, mi 73.jtipaii hoi...-ki,, u6 isi 81 ai • • Nvorlq,11 _______ .-..- . 2 a LJi . . .. o � „ thON\ � , o' w 'D Qk 014 I,R<'�'"' c 1 N.,,S C De i 41 ra , .t `p0'04 � ,. 8 !L5SV a z\i, 6 . i 9' CAD 4, a s� / l�0p. �O If ' 41 gi- *1:4?&T - ND k/ P i Packet Page -421- 2/11/2014 16.D.2. TEDocument b'd'Naster Record El •IS i ® rill N 12 21 4 ' RKPEP003 USD -Z/AENDY Layout Z/WENDY RKPEP003 Nancy-GL detail 0b3ect ABS 33258 SHIP FY13-16 Cost Element 361170 To 369603 FIFTH THIRD 0/N INT. . . Posting Date 12/01/2013 To 01/31/2014 Food!WES Egem. Cost Elem. 41 PostgDat2 '£ PCOArea.C�l h1 e I Re'fOoCNo 33258.1 361170 12/31/2013 29.70- 12/13 Fifth Thrd Interest 100656887 361170 791 33258.1 361180 12/31/2013 768.34- 12/31/13 Custodial Interest 100656886 361180 a 768.34- 791 33258.1 369600. 12/27/2013 3,000.00- SHIP LOAN PAYOFF-RUSSO,A#09-158 100655082 791 33258.1 7,648.82-'SHIP LOAN PAYOFF-GOMEZ,F F#02-0351F 100655082 791 33258.1 15,000.00- SHIP LOAN PAYOFF-HENSON,A#98-0408 100655082 791 33258.1 01/06/2014 5,000.00- SHIP LOAN PAYOFF-.GOMEZ,F.FILE 02-0351FLL 100655684.. 369600 - - a 30,648.82- Anilkt Packet Page-422-