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Agenda 06/24/2014 Item #16D 76/24/2014 16.D.7. EXECUTIVE SUMMARY Recommendation to approve a satisfaction and release of lien for payment of countywide impact fees. OBJECTIVE: To support the affordability of housing in Collier County through the Collier County Impact Fee waiver Program. CONSIDERATIONS: Prior to the consolidation of the Impact Fee Ordinance waiver of impact fees was allowed for first time very low income home buyers so long as the home was occupied for 15 years. The program is similar to the Impact Fee Deferral program codified in Section 74 -401, which allows the County to defer the payment of the impact fee for any new owner- occupied dwelling unit which qualifies as affordable housing. The impact fees have been repaid in full. As such, the repayment obligation has been fulfilled and release of the lien is needed. The following table details the satisfaction and release of lien associated with this item. Name Property Address Agreement Amount of Over- Payoff Official Records Amount Impact Fees Payment Amount Public Record required to satisfy lien Remercile 4712 Verity Lane $8,194.34 $6,919.34 $1,275.00 $6,919.34* OR Book: 2717, Isme Naples, FL 34112 PG: 2170 Samuel Alzime * The amount of Impact Fees in the Agreement for Waiver of Collier County Impact Fees is $8,194.34. The correct amount should have been $6,919.34. When the impact fees were calculated, $1,275 was assessed for Water and Sewer Impact Fees, but the property was not in the Collier County Water -Sewer District. Premium Title Services, Inc. has paid $8,194.34 to Collier County to satisfi, the lien. Accordingly, the over payment of $1,275 will be refunded to Premium Title Services, Inc. FISCAL IMPACT: Collier County impact fees in the amount of $6,919.34 have been repaid and have been deposited to the individual impact fee trust funds as required. 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: That the Board of County Commissioners approves and authorizes the Chairman to sign a Satisfaction and Release of lien for payment of countywide impact fees for an owner- occupied affordable housing dwelling unit. Prepared By: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Services Packet Page -1245- 6/24/2014 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to approve a satisfaction and release of lien for payment of countywide impact fees. Meeting Date: 6/24/2014 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Housing, Human & Veteran Services 5/29/2014 3:06:26 PM Submitted by Title: Grants Support Specialist, Housing, Human & Veteran Services Name: MoodyMandy 5/29/2014 3:06:27 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 6/2/2014 10:46:42 AM Name: MaeEsther Title: Accountant, Senior, Housing, Human & Veteran Services Date: 6/2/2014 12:03:48 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 6/2/2014 12:08:39 PM Name: Bendisa Marku Title: Supervisor - Accounting, Housing, Human & Veteran Services Date: 6/4/2014 5:17:53 PM Name: GrantKimberley Packet Page -1246- Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 6/5/2014 8:28:40 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 6/6/2014 9:12:30 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 6/9/2014 9:38:55 AM Name: McKuenElly Title: Grants Coordinator, Housing, Human & Veteran Services Date: 6/9/2014 10:13:54 AM Name: PattersonAmy Title: Manager - Impact Fees & EDC, Business Management & Budget Office Date: 6/10/2014 9:16:30 AM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 6/10/2014 10:12:34 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 6/10/2014 4:00:38 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 6/11/2014 10:11:52 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/12/2014 4:48:53 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 6/12/2014 5:17:19 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 6/13/2014 10:48:43 AM Name: OchsLeo Packet Page -1247- 6/24/2014 16.D.7. 6/24/2014 16.D.7. Title: County Manager, County Managers Office Date: 6/16/2014 10:16:45 AM Packet Page -1248- 6/24/2014 16.D.7. Prepared by: Mandy Moody Collier County Housing, Human & Veteran Services 3339 E. Tamiami Trail, Building H, 4211 Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION AND RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 3411.2, the owner(s) and holder(s) of a certain Agreement for Waiver of Collier County Impact Fees executed by Remercile Isme and Samuel Alzime to Collier County, recorded on September 5, 2000 in Official Records Book 27.17, Page 2170, of the Public Records of Collier County, Florida, in consideration of $8,194.34, 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 as follows: Lot 2, Block 5, Avalon Estates, Unit 1, according to the plat thereof, as recorded in Plat Book 3, Pages 62, of the Public Records of Collier County, Florida. 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. ATTEST: - BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK. CLERK COUNTY, FLORIDA By: Deputy Clerk Tom Henning, Chainnan Dated: (SEAL) Approved as to form and legality: Jennifer A. Belpedio Assistance County Attorney �2 Packet Page -1249- hitn: 2684547 OR' 2717 PG! 2170 6/24/2014 16.D.7. 11009IR E 01111 I010VINII'f 11CO1DID in the 011ICIIL 11CO1tDl of COLLIII many, IL lie tit 31.00 I"11011IC1 09/0512000 It 011060 OK137 1. IIOCl, CLIII AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 2000, by the County Manager on behalf of the Hoard of County Commissioners of Collier County, Florida. hereilmner referred to as "COUNTY" and kemercile I ane and Samuel Allitne, hereinafter referred to as "OWNER." WITNESSETI -1: WHEREAS, Collier County Ordinance No. 98 -69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88 -97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. 99 -39, the Collier County Parks and Recrea c- ct Fee Ordinance; Collier County Ordinance No. 91.71, as amend d,�-ti - ollier Count�jArfi ency Medical Services System Impact Fee Ordinance; Colli�r C, ce Nc 92-22\-, as amended, the Collier County Road Impact Fee Ordtnancg; Co 2-3 , as amended, the Collier County Educational Facilities em I I w 0 ,inan ;pan Collier County Ordinance No. 99.52, the Collier County Cogx t onal Facilities Imp�'btt, Feel Or-t� ce, as they may be further amended from time to time, e+nafter collectively re 'to has "Impact Fee Ordinance ", ` provide for waivers of impact fft� cfed dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on rile In the office of Housing and Urban Improvement: and WHEREAS, the County Manager or his desi6nc-c: has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver 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 projoCt as eligible for an impact fee waiver, and - 1 - Packet Page -1250- OR. �74 6/24/2014 16.D.7. 1 �► a YI &Ail l WHEREAS, by signing this Agreement, the County Manager approved a waiver of these impact fees for OWNER, 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, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL. DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit ") and site plan arc attached hcrcto as EXhibit "A" and incorporated by r<fMncv herein. 3. TERM. OWNER agree hall remain as affordable housing and shall be offered for sate inA �tdlance with the &tan\ forth in the appendices to the Impact Fee Ordinance fora nod of4ftean ( ye gomtne i ,�, from the date the certificate of occupancy is issued for the ` elfin nit. 4. REPRESENTAT , ES. #presents and warrants the following: a. The Uwe n it shall be sold to tlseltoId with a very low income as defined in th 4dulz�tih pact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first -time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as at%rdWic housing for fift5n (1s) years from the date the certificate of occupancy is issued for the Dwelling Unit: and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $8.194.34 pursuant to the Impact Fee - 2 - Packet Page -1251- 6/24/2014 16.D.7. OR, 2117 PG; 2172 Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee ordinance, 5. SUBSEQUENT TRANSFER, if OWNER sells the DwellinS Unit subject to the impact fee waiver to a subsequent purchasers the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 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 Inc Dwelling Unit ceaacs to btr utilized for that purpose during such p riod, the impact fees shall be immediately repaid to the CCODUNTY. 7. LIEN. The waived rn a t.f!'' upon the Dwelling Unit on the effective date of this Agreet4nir !/which lien may be`''t'' Iosed upon in the event of non - compliance with the requ teem�nts`fTV* A ement 1 - -- 8. RELEASE F *7' , �n� Ufa t ohlpletion of the Agreement 0 requirements and fill= (15 crtiticate of occupancy, or upon payment of the waived i, fees, the COUNT 1 „at a expense of the COUNTY, .o4 record any necessary ducumeltta Dt idcncing the lcrmtiidt do 6f the lien, including, but not limited to, a release of lien. �- •%' 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and Assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fificen (15) days atier execution of this Agreement by the County Manager. - 3 - Packet Page -1252- 0R� 6/24/2014 16.D.7. It. DEFAULT. OWNER shall be in default of this Agreemen{ (-T) where fails to sell the Dwelling Unit in accordance with the at%rdablc homing standards and qualification criteria esta6lished in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non - compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with tht~ said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non - compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years repaid. Such lien shall be sup, owner, lessee, tenant, mortg%g t parity with liens of any suc Co and the default is not c ;poai 6r4ng a civil action to otherwise enforced by the paramount to ���titis agreement. li the certificate of occupancy or until by action or suite! /t� e in the Dwelling Unit of any taxes and shall be on be kn default of this Agreement OWNER, the Board may lien may be foreclosed or as for the foreclosure of a mortgage on real property. This re' " dy?t -- i4i�any other right or remedy available C, to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Wi s: Print Name Qyeen S Qeo Print Name��, r i� OWNER: - 4 - Packet Page -1253- Reme He Isme Samuel Alrame OR: 27'6/24/2014 16.D.7. STATE OF Florida COUNTY OF Collier ThG fumping inaU'V mmt was acknowlcdgcd bcforc me this .&L day of , 2000 by Remercile Ism and Samuel Alzirne. They are personally known to me or have produ as identification. [NOTARIAL SEAL] Signature of Person Acknowledgment it LAUREN J. BEARD S MY COMMIU O CC 7771" M �I ex mm w2w= ro hm) so /c 0 - Cu DATED: ATTEST: DWIGHT E. BROCK, Clerk By: = a—, 11 , C) -o—c rrJ of Acknowledger Typed, Printcd or Stampcd nr)AD t Deputy Clerk s UM VL4 Approved as to form and legal sufficiency 0 Tbomas C. Palmer Assistant County Attorney - 5 - Packet Page -1254- Y COMMISSIONERS , FLORIDA AGER 6/24/2014 16.D.7. OR: 27D ru: an EXHIBIT "A" LEGAL DESCRIPTION REMERCILE ISME AND SAMUEL ALZIMX RESIDENCE 0 LOT 2, BLOCK 5, AYALON ESTATES, UNIT 1, ACCORDING TO THE PLAT TWEIZE0F, OF RECORD IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. X&I Cl Packet Page -1255- C� NEB Ft�oea 2 OR. 2711 Dr.. I»A * ** / 6/24/2014 16.D.7. ^-2 V l;b ry 44-Ale. Packet Page -1256- 6/24/2014 16.D.7. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239 -252 -2400 RECEIPT OF PAYMENT Receipt Number: 2014175208 Transaction Number: 2014- 022327 Date Paid: 05/19/2014 Amount Due: $6,919.34 Payment Details: Payment Method Amount Paid Check Number Check $8,194.34 87609 Amount Paid: $8,194.34 Change / Overage: $1,275.00 Contact: Premium Title Services Inc /Florida Escrow Account 2002 Summit Blvd Suite 600 Atlanta , GA 30319 FEE DETAILS: Fee Qescriation Reference Number Original Amount GL Account Fee Paid Deferral S/F Community Park MS20140005991 $571.02 $571.02 346- 156410- 324102- 31346.1 Deferral S/F EMS Payoff MS20140005991 $14.00 $14.00 350- 140470 - 324102 - 31350.1 Deferral S/F JAIL Payoff MS20140005991 $117.98 $117.98 381 - 110430 - 324102- 31381.1 Deferral S/F LIBRARY MS20140005991 $180.52 $180.52 355 - 156190 - 324102- 31355.1 Payoff Deferral S/F Regional Park MS20140005991 $249.82 $249.82 346 - 156405- 324102- 31346.1 Deferral S/F SCHOOL MS20140005991 $1,778.00 $1,778.00 113- 000000 - 209050 Payoff Deferral S/F ROAD Payoff MS20140005991 $2,433.00 $2,433.00 333- 163653 - 324102 - 31333.1 D2 Deferral S/F SEWER MS20140005991 $1,575.00 $1,575.00 413- 263613 - 324101- 31413.1 Payoff Cashier Name: LeaDe'rence Batch Number: 3764 Entered By: fleishmanpaula Packet Page -1257- 6/24/2014 16. D .7. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date _ Post Date Pa ment Slip Nbr _ _ i 219244 —_ 9/7/2000 4:57.08 PM 19/8/2000 IPT 2000070735 Address: 4712 VERITY LN Owner: ISMS, REMERCILE =& FERDINAND COA #: 3503 Permit Type: BR2 Job Desc: S/F -CBS -150 AMPS Applicant: ANITA DBA: PARASCANDO, ANTHONY P. Swr Meter: SC Wtr Meter: CN Payor : ANTHONY P PARASCANDO Fee Information Fee Code 42CTTP 42CTIM Description _ _ CITY TAPPING _ CITY IMPACT PAYABLE_ GL Account 04 800000020875800000 40800000020875600000 Amount $300.00 $870.00 Waived 08BCAI BLDG.CODE CERT. SURCHARGE �� 11300000020882000000 $10.63 086PNP BLDG PERMITS - NAPLES 11313890032211000000 $567.00 08BROW INITIAL R.O,W. 11313890032920000000 $125.00 08CPNP COMMUNITY PARKS IMPACT FEE 34615640236399000000_ $571.02 Yes 108EMSI 08ENIM EMS IMPACT FEES UNINC. _ EAST NAPLES FIRE IMPACT 35014047036385000000 11300000020982000000 $14.00 $318.75 Yes JAIL IMPACT FEE 38111043036380100000 $117.98 Yes _08JAIL 08LIBR LIBRARY IMPACT FEE - UNINC. 35515619036399200000 _ $180.52 Yes 08MFSG MICROFILM SURCHARGE 11313890034144200000 $3.21 08RDGS I BLDG, PERMIT SURCHARGE 11300000020880000000 $10.63 08RGPK REGIONAL PARK IMPACT FEE 34615640236399000000 $249.82 Yes 08SCHI 08SFR2 SCHOOL BOARD IMPACT FEE _ DIST 2 ROAD IMPACT FEE - SINGLE 11300000020905000000 33316365036351000000 $1778.00 $2433.00 Yes Yes _ 08BACR BLDG, PERMIT APP. FEE CREDIT 11313890032251000000 $- 106.25 42SSDC SEWER SYSTEM CHARGE 41326361134356000000 $1575.00 Yes Colli( ioners CD -! - Continued - Packet Page -1258- Total 1 $2098.971 Printed:5 113 /2014 2:57:48 PM