Agenda 05/13/2014 Item #16D10 5/13/2014 16.D.10.
EXECUTIVE SUMMARY
Recommendation to approve a State Housing Initiatives Partnership (SHIP) release of lien in the
amount of$3,626.62 for an owner occupied affordable housing dwelling unit that has been repaid in
full.
OBJECTIVE: To support the affordability of housing in Collier County through the Collier County
SHIP Impact Fee program.
CONSIDERATIONS: Pursuant to the requirements established in Section 74-401 of the Collier
County Code of Ordinances, under article IV, Affordable Housing Impact Fee Deferral, the county shall
defer the payment of the 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 that the County Manager may enter into a SHIP impact fee
deferral agreement with the owner or applicant and is authorized to execute such deferral agreement. The
deferred impact fees shall be a SHIP 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 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 release of the SHIP lien is needed. The following table
details the releases of the SHIP lien associated with this item.
Portion
Paid By SHIP Total Official
File# Name Property Address Payoff Impact Records
Borrower at
Permitting Amount Fees Paid Public Record
Alexi Campos
01-217 and Maria A. 530 20th ST NE $1,212.20 $3,626.62 $4,848.82
OR Book:
Hernandez
Naples,FL 34120 2888,PG: 1017
FISCAL IMPACT: A total of$3,626.62 has been repaid to Collier County and 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.The difference of$1,212.20 was paid at permitting by the borrower.
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
STAFF RECOMMENDATION: Approve and authorize the Chairman to sign one (1) release of lien
for deferral of 75 percent of Collier County impact fee for owner occupied affordable housing dwelling
unit.
Prepared Bv: Mandy Moody, Grant Support Specialist,Department of Housing,Human and Veteran Services
Packet Page -1149-
5/13/2014 16.D.10.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.10.
Item Summary: Recommendation to approve a State Housing Initatives Partnership
(SHIP) release of lien in the amount of$3,626.62 for an owner occupied affordable housing
dwelling unit that has been repaid in full.
Meeting Date: 5/13/2014
Prepared By
Name: MoodyMandy
Title: VALUE MISSING
4/17/2014 1:52:12 PM
Submitted by
Title: VALUE MISSING
Name: MoodyMandy
4/17/2014 1:52:13 PM
Approved By
Name: JacobsSusan
Title: Operations Analyst,Public Utilities Division
Date: 4/17/2014 3:03:42 PM
Name: TownsendAmanda
Title: Director-Operations Support, Public Services Division
Date: 4/17/2014 5:37:25 PM
Name: DoriaPriscilla
Title: Grants Coordinator,Housing, Human &Veteran Services
Date: 4/18/2014 10:19:53 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Division
Date: 4/23/2014 4:40:23 PM
Packet Page -1150-
5/13/2014 16.D.10.
Name: KushiEdmond
Title: Accountant,Housing,Human&Veteran Services
Date: 4/24/2014 8:13:39 AM
Name: GrantKimberley
Title: Director-Housing, Human and Veteran S,Housing,Human &Veteran Services
Date: 4/24/2014 12:14:34 PM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation,Housing, Human&Veteran Services
Date: 4/25/2014 11:44:34 AM
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Division
Date: 4/27/2014 4:12:13 PM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 4/29/2014 9:05:32 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/29/2014 3:28:03 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/29/2014 4:09:49 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 4/30/2014 11:17:10 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management
Date: 5/2/2014 6:55:56 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 5/5/2014 8:57:45 AM
Packet Page-1151-
5/13/2014 16.D.10.
Prepared by:Mandy Moody
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 Alexi Campos and Maria A. Hernandez to Collier
County, recorded on 09/06/2001 in Official Records Book 2888, Page 1017, of the Public
Records of Collier County, Florida, in consideration of $3,636.62 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, more
particularly described in 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 Torn Henning, Chairman
Approved as to form and
legality:
\J •
Jennifer A. Belpedio 0
Assistant County Attorney \ w �
Packet Page-1152-
• • i 5/13/2014 16.D.10.
Prepared by: 2853371 OR: 2888 PG: 1017
Patrick G.White UCOIDID to Oi1ICIAL UCOUS of COLLI!! COIifl, tL
An't Collier County Att'y. 01/01/1011 it 11:I01N DUG!? 1. !LOCI, CLIP!
3301 Taniani Trail East UC PU 31.51
Naples,FL 34112 lets:
!SI
I17110IPIC1/PO018101 D!
Aftl: IMID1 ILOP1
This space for recording
AGREEMENT FOR DEFERRAL OF 75% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING
0--
This Agreement for the Deferral of 75% of Impact Fees entered into this ,;r day of
a-..:d ,� , 2001 by and be weer CL f-ie unt ,.a.political subdivision of the State of
Florida, through its the Board,of ounty Commissioners of Collier County, Florida, hereinafter
/
referred to as "COUNTY" and Alexi amoo\i- �I'aria A. Hernandez, hereinafter referred to as
'OWNER,' collectively stated as the 'P st ,;
WHEREAS, Collier Colanty Ordinance No ,2f01-13,'the Collier County Consolidated
1 ,./,-L-',/
Impact Fee Ordinance, as it may be;further amended from tithe o time, hereinafter collectively
referred to as "Impact Fee Ordtnance,ti provrdek .for °deferrals of impact fees for new
owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a deferral of 75% 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 75%
deferral of impact fees as set forth in the Impact Fee Ordinance; and
1
Packet Page -1153-
• • 5/13/201416.D.10.
OR: 2888 PG: 1018
WHEREAS, the impact fee deferral shall 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, the County Manager is authorized to execute
certain Impact Fee Deferral Agreements; and
WHEREAS, by signing this Agreement, the County Manager will approve a deferral of
impact fees for OWNER in support of creating Affordable Housing, and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW THEREFORE, in/eonsi, eration of the- Dreg ing Recitals, and other good and
valuable consideration, the reeip land-sufficiency of�which,is hereby mutually acknowledged,
/ / 1
the Parties covenant and agree a fg1lo�!vs: -
1 r` V \\` g �\ ref
1. RECITALS INCORPORATED. he foie of , recitals Are true and correct and are
117-i
incorporated by ref''e.rdence herein. A I
v^'\q bir 1 i
2. LEGAL DESCRIPTION. The legal descrip ion of_tiie/dwelling unit and its site plan
\/17-O. 7
(the "Dwelling Unit'):an4 s`attached as Exhib :A" and incorporated by reference
herein.
3. TERM. The term that the Dwelling Unit shall remain as affordable housing and shall
be offered for sale in accordance with the standards set forth in the Impact Fee
Ordinance is for a period of fifteen (15) years commencing from the date the
certificate of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. Owner's household will not exceed a moderate income as defined in the
Impact Fee Ordinance and the monthly payments to purchase and pay for
2
Packet Page-1154-
• • 5/13/2014 16.D.10.
OR: 2888 PG: 1019
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 owner;
d. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $4,848.82 pursuant to the Impact Fee
Ordinance, as set forth in attached Exhibit B incorporated by reference.
e. In return for deferring 75% of the impact fees owed by OWNER,
OWNER further covenants and agrees to comply with the affordable
housing impact fee_deferral-qualification criteria detailed in the Impact Fee
Ordinance an '„td:-spay`-ihe r� i tnl twenty-five percent (25%) of the
impact,fee�ponissuance of the building permit as stated on Exhibit "B."
5. SUBSEQUENT rTRAN R; REPAYMENT. if OWNER sells the Dwelling Unit
f `` ;'r brie went purchaser, the Dwelling
which is subjeck to the tmpact fee de errant u q p
1�.. ..s_ •
Unit shall be sold only-10 pe ons or 'lwuse �i s r 'ting the det'erral qualifying
criteria set forth in,ttie Impact Fee Ordinance In the c ase of sale or transfer by gift of
the Dwelling Unit, `ttt `„original OWNER,shalK remain liable for the impact fees
deferred until said impact red...irilpaccii7klutr or until the conditions set forth in the
Impact Fee Ordinance are satisfied.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of
occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose
during such period, the full amount of the deferred 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 released, the dollar amount of deferred impact fee shall
constitute and be a lien in the amount of Three Thousand Six Hundred Thirty-Six
3
Packet Page-1155-
• • 5/13/2014 16.D.10.
•
OR: 2888 PG: 1020
dollars and 62/100 ($3,626.62) on the Dwelling Unit which lien may be foreclosed
upon in the event of non-compliance with the requirements of this Agreement.
Provided that the OWNER is the mortgagor, the COUNTY and OWNER agree that
by, and in consideration of a security collateral being provided by the OWNER to the
COUNTY, that 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 n 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 be superior and paramount to the interest in the Dwelling Unit of any owner,
lessee, tenant, mortgagee. or o he etson-except that this lien shall be on parity with
any lien for County
f n satisfactor ',,co letion of this Agreement's
8. RELEASE OF ,/LIEN/..
---U�po Y �
\.
requirements, including.- ayttte bvf .le.defEerred impact fees, the COUNTY shall, at
the expense of the COUNTY! record an 'necessary documentation evidencing such
payment, including, ut not lid m ed to, aTeleaseof lid'
9. BINDING EFFECT This Agreement shall"run`^witti7the land and be binding upon the
parties to this Agreement,the heirs,hr rs, successor"Sindassigns
10. RECORDING. This Agreethett't:-shalU -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 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 within thirty
(30) days of mailing of written notice of said non-compliance, or
4
Packet Page -1156-
. Aig ,07 '01 11 : 17a GOLDEN DREAM HOMES 9413529300 - e
III • 5/13/2014 16.D.10.
OR: 2888 PG: 1021
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 (a) fail to comply with the said
qualification criteria at any time during the fifteen (15) year term; or (b)
violate any provisions of this Agreement, then the dollar amount of impact
fees deferred shall he,pairfimfuil-hy,OWNER to the County within thirty(30)
days of written" nation"'o�'sai atr
b. Should the OWNER otherwise be in default .of this Agreement, and the
default is not cured wwiti"hin-ninety (90) days a`ftter �ailing of written notice to
f.----)
the OWNER,(the 1 CO h brig: a; civil action to enforce the
i, r— ' , 1t )
Agreement.. `t
C. In additio he lien may be foir< osedd,, 41.7-, otherwise enforced by the
COUNTY,`by action or suit in equity including the foreclosure of a mortgage
on real property' #-COUNIY.'shaB be entitled to recover all fees and
costs, including attorneys fees, plus interest at the statutory rate for judgments
calculated on u calendar day basis until paid.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Wi OWNER:
_Z ___:__._
Print ame CA f IQ.) f owe& Akxi Campos
Q► . OWN.
'nt Name VAIA)1e-OA , et
i
Mari A. .'rnandcz
C
Packet Page -1157-
.' Aug. 07' 01 11 : 17a GOLDEN DREAM HOMES 9413 9300 _•
III 5/13/2014 16.D.10.
OR: 2888 PG: 1022
STATE OF F•OR iaA )
COUNTY OF COL twee' _)
The foregoing instrument was acknowledged before me this 24 day of 054 •
2001, by Alexi Campos & Maria A. Hernandez. They are perso
of identification)as identification. r
A,
JV !.:i..
[NOTARIAL' T Signature of Person Taking Acknowledgment
• .taw. . Ph Comm UP 6/15/2003 ,�-/
°`"""
No CC uaa26 /C`�" -� OARD OF , Y COMISSIONERS
I''""al"N"°"'" i,a..4 . �f COLLIER COUNTY, LORIDA y: \, :4.1; e'a . 17--,\.A.W
7 i//`' \
, ---f-\ \ ,,,,„„.„-
17 fOMAS o . e, IFFCO'11-`1114 MANAGER
*,,„ (,, 1
STATE OF FLORIDA) .--gyp\ /, ,., ,,�`
COUNTY OF COLLIER) \• , j
The foregoing instrumen�awaasaknowledged be..fore „this S day of
2001,by Thomas W. 011iff,County Mane' c ofthctOUNTY. He is c�rsonaly knQ _
me t, produced � °-�. t 't-t identification) as identification.
), . I . iLe.-4_, .
[NOTARIAL SEAL] Signature rson Taking Acknowledgment
itif. MARY E.BECK
MY CDMMLSSION•CC tarns
Ito OF FAMES:ANY 2il,MN
Recommend for Approval
../.�� v to to g iegO sufficiency
r g M1 c , lirector of
Housin • & Urban Improvement i , R.:
I �i%*.,,
. Qq��1ctiC G Vvr)I)
6 '
Packet Pa:e -1158-
• • 5/13/2014 16.D.10.
OR: 2888 PG: 1023
EXHIBIT `A'
LEGAL DISCRIPTION
Alexi Campos & Maria A. Hernandez
THE SOUTH 75 FEET OF THE NORTH 150 FEET OF TRACT 83,
GOLDEN GATE ESTATES, UNIT 50, ACCORDING TO THE MAP OR
PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 82 AND 83, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT`B"
IMPA 1 'EAJ(DOWN
Type of Impact Fee
/5/YPe Pa
A. Library Impact Feel, \-4—.4-214.00
/ l \
B. Road Impact Fee r 't
kk
C. Parks Impact Fee: 682 .8 �..
D. EMS Impact Fee \ \ r 93W
E. Educational Facilities‘S stem Impact Fee I,7 &A /
F. Correctional Facilities 1e - -! l> .98
G. Water Impact Fee n/a
H. Sewer Impact Fee ►�/a
TOTAL IMPACT FEES $4,848.82
75% DEFERRED IMPACT FEES $3,636.62
25% IMPACT FEE DUE BY OWNER $1,212.20
7
Packet Pa:e -1159-
' .• .r 5/13/2014 16.D.10.
a°w+ .L°°°'° i .
.1t1' . .
LOT J E d.t2LY'I.&VEL . '4 ��o .„: �' T g• `t O N
0 I .
lV Te2. 0 '• •
CI P L ,.• : r• 1'O ; . ;F
• .>
�y �YSLI.To 1>M 3o1 ,,•
r? --,Ir RM. n ':. r
. c, , .¢ ?
-- —. WILL• ,o V i 0 i f
1!b rile, sL. 98 bin4-A(bAos
bas Gt lRO . 1 .• ivo gIY ' 4'
�r � poi
r / \ � t
Y
•I ,l e . :- \ ... .•• .. • CCP
co
1 a i al 1 •11 I 1 LL )"'i . • ■•■•i•
‘0.4 VIVO 1 t.1 ' 6. II . a 4,.. .1, ,,,,,,,;„: . ...., .:••• .......o : .... .. ,
• • .9..14 lir . ''7i7t i /CV.i. .' i*
• . r CF. . ,gyp,
•DgiutJptE , � ' 1' -� v'
. . (',tog V _ Go ,(3ooki4 . . • III ' -. 4 : -•
..dish...
. siva -0. . .
/ • . . . . .
— .• : . ..§ ' •
t.
r : Wit
�Rhv ; s•
xa•1. N.E, .. �•
1
•
Packet Page -1160- ir 4'
5/13/2014 16.D.10.
H H H H £ £ £ £
f41 H H W W U O O °U
;hf; Z Z DI W H H HH H Z W Ea W
H H
.".-� ' R R H H U H H H
H H Z 'Z 0 0 O 0 CL O.' D:
.'r7 H H £ X W w a w x° ° 0■ Z x
ED ED ED
;ta.' a a G , L Y / H H H
:'0,i w t•, H H U' O Ch U cn cn m
,u; z
al U H
'LI U IA fm Em 4
Z Z I m
,' ; -I N <C K W In
:.:0. W In H H g
Z Z O Ia In
Q` w U In 01 E a ED
a
:�i{:- N r d' M o ri
,,NY. W W In U1 01 r W
:,'Z: H H In ON O H 0
N
N 01 01 H a' H
3':t: r r m m r o 1-
�j Lc'', 0 0 \O l0 0 o 0 0 0 0 0 0
, '.
a1; O O O o 0 N O
JY.- H H H H H HI .-I
Em
H H
01
h H
H
N ID
O
O IT
w W z
w Z Yk H
o a x
a+ Ell a W
a N Z 'b
al L/1
H
a w
O H
U rn H L µ
m a) JC 41 z
0 H a.' W z
H ▪ a) U , O .'I. H
Ht z ▪ .-1 19 r o 4 8
-H \ H
H I H
U ° • N O m a M U
m ♦ s-1 °
r -' -0 * ,r4 l.0 w
M H
o O '0 0, I-3
O U a tH-' a 0 a, a EEE
µZ 0 H G. w ,I, r• 4 U m e. Ox
`G v] I:. H
[n a M ED
j w z a k a
a' a) \ - Z H I.] H H
H :'Ii' M M O Z a al M
N
M . 5.I I 1 1 I I I I I t
0 0 ��`,3, 01 CI, N N O O N N 01 0 o
l0 M ;,.I r r M M 0 0 0 0 01 0 M H
41 .`
l0 0' In In H ri O 0 l0 0 0 H H In
H H 1n N co In N r 'O M r H
M O �U' d' W 0 h ED 01 H d1 ICl d'
[ o M M 01 0 ,H .-1 N
n 0
01 a' 0
O 0.
^ W o o
a H H :,al o a' d' d' a' al d'
M 1J r1 H H H H r1 H
C4 :-,rd, O O 0 O O 0 0
d' Q,. N N N N N N N
CO H \ \ \\ \
In 0 'r.bi .-1 H 01 H H H M
N N !;:)P M M H N o 0 0
�-' M O " X01[ -.
O M N H „'0, r'1 M M M d' a' W
Z ri 0 p;` 0 0 0 0 0 0 0
Z m H '
'a1,
,kl, 0 0 0 0 0 0 0 o M M M
V- h m co 0 0 0 0 0 0 0
.r-E5' H H H H 0 l0 l0 \0 VD 0 0
^::Vii ri H .H H Ol 01 01 01 01 01 of
::-.a 0 0 00 l0 l9 l0 0 0 I.0 10 l0
::CJ M M M M M M M M M M M
1;
:ql. Hi H H H H H H
W;. m CO 00 CO m CO 03
U al In In IA N N V1 In
111 el m el el rn cn en
E n ::,:. M r) M M M M M
M a1
o U U GI C1 .b;_ H H H el H Hi H
a u -H 01 01 0, 01 01 al 01
W O a1 >: r r r r r h r Packet Page-1161-
a .�.-r, In m
Mao on°. * .. * 4. 1 I * 1