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Agenda 09/23/2014 Item #16D 79/23/2014 16.D.7. EXECUTIVE SUMMARY Recommendation to approve a State Housing Initiatives Partnership Program satisfaction and release of lien in the amount of $5,793.82 for an owner occupied affordable housing dwelling unit where obligation 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 Article IV of Chapter 74 the Collier County Code of Ordinances, the County shall defer the payment of the impact fee for any new owner - occupied dwelling 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. 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 satisfaction and release of the SHIP lien is needed. The following table details the satisfaction and release of the SHIP lien associated with this item. FISCAL IMPACT: A total of $5,793.82 has been repaid to Collier County and is considered program income and has been deposited in SHIP Grant fund 791, project 33331. 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 STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a SHIP satisfaction of release of lien where obligation has been paid in full. Prepared Bv: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Services Packet Page -2459- SHIP Total Official File # Name Property Address Payoff Impact Amount Fee Paid Records 8274 Key Royal Circle OR Book 3532; 04- 047 -IF Jennifer Weir Naples, FL 34.119 $5,793.82 $5,793.82 PG 0804 03/31/04 FISCAL IMPACT: A total of $5,793.82 has been repaid to Collier County and is considered program income and has been deposited in SHIP Grant fund 791, project 33331. 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 STAFF RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign a SHIP satisfaction of release of lien where obligation has been paid in full. Prepared Bv: Mandy Moody, Grant Support Specialist, Housing, Human and Veteran Services Packet Page -2459- 9/23/2014 16.D.7. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.7. Item Summary: Recommendation to approve a State Housing Initiatives Partnership Program satisfaction and release of lien in the amount of $5,793.82 for an owner occupied affordable housing dwelling unit where obligation has been repaid in full. Meeting Date: 9/23/2014 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Housing, Human & Veteran Services 8/19/2014 1:17:48 PM Submitted by Title: Grants Support Specialist, Housing, Human & Veteran Services Name: MoodyMandy 8/19/2014 1:17:50 PM Approved By Name: KushiEdmond Title: Accountant, Housing, Human & Veteran Services Date: 8/20/2014 8:25:01 AM Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 8/21/2014 6:03:03 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Housing, Human & Veteran Services Date: 8/26/2014 9:13:51 AM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 9/3/2014 4:17:19 PM Packet Page -2460- 9/23/2014 16.D.7. Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 9/8/2014 4:17:26 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 9/9/2014 8:42:33 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 9/9/2014 1:45:47 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/16/2014 11:25:28 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/16/2014 1:54:52 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 9/16/2014 2:40:11 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 9/16/2014 3:15:01 PM Packet Page -2461- File# 04- 047 -IF 9/23/2014 16.D.7. 3370769 OR: 3532 PG: 0804 nCORDID in OFFICIAL nCORDB of couni CO m, n 03/31/2004 it 02:4611 DWIGHT E. BROCI, CLIn nC nl 31.50 Retc: FIRAICIAL ADVIB k IODSIIG IRTIROFFICI ATTI: LAOnI DIARD1403 -23381 This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE- FANHLY AFFORDABLE HOUSING DWELLING This Agreement for the Defli0 t Fees is entered into this 29th day of March, 2004 by and between oo r County, a polite division of the State of Florida, through its the Board of C6unt Canwji rein r r6ferred to as "COUNTY," and Jennifer Weir, hereinafter r ferg o c i st ted as the "Parties." WHEREAS, Collier rd' ty Ordinance No -1 Collier County Consolidated Impact Fee Ordinance, as am(,, e 2002 -34, and as be further amended from time to time, hereinafter collectively referrero Ordinance," provides for deferrals of ps- , 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 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 i Packet Page -2462- Prepared by: r Patrick G. White Ass't. cower county Att'y. 3301 Tamiarni Trail East Naples, FL 34112 File# 04- 047 -IF 9/23/2014 16.D.7. 3370769 OR: 3532 PG: 0804 nCORDID in OFFICIAL nCORDB of couni CO m, n 03/31/2004 it 02:4611 DWIGHT E. BROCI, CLIn nC nl 31.50 Retc: FIRAICIAL ADVIB k IODSIIG IRTIROFFICI ATTI: LAOnI DIARD1403 -23381 This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE- FANHLY AFFORDABLE HOUSING DWELLING This Agreement for the Defli0 t Fees is entered into this 29th day of March, 2004 by and between oo r County, a polite division of the State of Florida, through its the Board of C6unt Canwji rein r r6ferred to as "COUNTY," and Jennifer Weir, hereinafter r ferg o c i st ted as the "Parties." WHEREAS, Collier rd' ty Ordinance No -1 Collier County Consolidated Impact Fee Ordinance, as am(,, e 2002 -34, and as be further amended from time to time, hereinafter collectively referrero Ordinance," provides for deferrals of ps- , 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 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 i Packet Page -2462- ww ��. �" OR 9/23/2014 ww 16. D.7. WHEREAS, pursuant to Section 74 -201, E. Lb. 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, 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 creating Affordable Housing. NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties covenant and agree as fo 1. RECITALS INCO D. The forego' itals are true and correct and are incorporated by r fer c in. 2. LEGAL DESC i the welling unit and its site plan (the "Dwelling hibi is incorporated by reference herein., j 3. TERM. The term Agreement is for 'le ger than a period of fifteen (15) years commencing fro th 1 ate 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 OWNER's monthly 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; 17 Packet Page -2463- 9/23/2014 16.D.7. OR: 3532 PG: 0806 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 $5,793.82, 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 OWNER until no later than the expiration of the TERM, OWNER further covenants and agrees to comply with the affordable housing impact fee deferral qualification criteria detailed in the Impact Fee Ordinance duri Le Agreement. 5. SUBSEQUENT TRAVSPW, REPA which is subjectb tl}d #ripaurke deferfal to a Unit shall be criteria set forth i I the Dwelling U' he original OWN deferred until saidNi ct fees are paid in Impact Fee Ordinance ' OWNER sells the Dwelling Unit purchaser, the Dwelling ing the deferral qualifying of sale or transfer by gift of liable for the impact fees the conditions set forth in the 6. AFFORDABLE REQUIREMM-lNT:'---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 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 on the Dwelling Unit in the amount of Five Thousand Seven Hundred Ninety -Three dollars and 82/100 ($5,793.82). 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 2 Packet Page -2464- 9/23/2014 16.D.7. OR: 3531 rG: au t 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, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's requirements, including pa rred impact fees, the COUNTY shall, at the expense of the , record an documentation evidencing such payment, includi , b noHirrAted to a lease li . 9. BINDING E CT th land and be binding upon the Parties to this ne t, e' i s cess rs iens 10. RECORDING. Agreement shall rec rd COUNTY at the expense of COUNTY in the Records of Col i c , Florida, within sixty (60) days after execution of thist�. anager. E CIR 11. DEFAULT. OWNER shall be in t 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 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 Packet Page -2465- �R' • 35' 9/23/2014 16.D.7. j4 rv. Vvvo a. Should the OWNER of the property: (1) 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 deferred shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. 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, the COUNTY may bring a civil action to enforce the Agreement. c. In addition, the y closed, or otherwise enforced by the COUNTY, n or suit in la ity including the foreclosure of a mortgage n e s 11 be entitled to recover all fees and co S, , 1 int est at the statutory rate for judgmei c la n fe ar d as' -u it paid. r� Ir Packet Page -2466- 9/23/2014 16.D.7. OR: 3532 PG: 0809 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: Print Name Lam..,, 3 6'r eel PR P STATE OF OWNER: Jp fer Weir i COUNTY OF The foregoing Agreement me this a 9' `day of ►�f G,. L. , 2004, by Jennifer Weir. # are person own to me or have provided L7, , ,C: as identificati n. [NOTARIAL SEAL] I S' re o P rs Acknowledgment ,•��u- Lauren J. Beard COLL k , FLORIDA Commission #DD 159094 Expires: Oct 24, 2006 �1 .;; '• Bonded Tbru y Atlantic Bonding Co., Inc. { I V. MUDD, COUNTY MANA ER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this 3l day of 2M c,.cs, , 2004, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. Lauren J. Beard Commission #DD 159084 [NOTARIAL SEAL] '=* Signature o n Taking Acknowledgment Expires: Oct 24, 2006 +'� = Bonded 7b u Approved as to form and aaantic Bonding Co., In'. Recommend 4:(37 val su ency: — Patrick G. White Denton Baker, Director of Assistant County Attorney Financial Administration & Housing 4 Packet Page -2467- OR' 353 9/23/2014 16.D.7. G cu. volt' EXHIBIT "A" LEGAL DESCRIPTION Jennifer Weir Unit 1013, Key Royal, a condominium, according to that certain Declaration of Condominium recorded in O.R. Book 3514, Pages 1481 through 1630, inclusive, of the Public Records of Collier County, Florida EXHIBIT "B" IM1PACTKXE9ZRt Type of Impact Fee A. EMS Impact Fee c -----t B. Correctional Facil' 'es C. Library Impact F D. Parks Impact Fee: E. Educational Facilitie s m Impact Fee F. Road Impact Fee G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES PG W Forms &Agreements1AffHsgn / l 00% Deferral Agreement (081602 1012) $93 14.001 � 1.00 $855.00 $1,055.00 $5,793.82 Packet Page -2468- 9/23/2014 16.D.7. * ** OR: 3532 PG: 0811 * ** Farm MAP.PLAT — TOTAL for WYrdm a Ipp*W s, A e by a Y mode, bo. — 14OULAME Packet Page -2469- bd r r • "� 11 r i Farm MAP.PLAT — TOTAL for WYrdm a Ipp*W s, A e by a Y mode, bo. — 14OULAME Packet Page -2469- Prepared by; Mandy Moody Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 9/23/2014 16.D.7._ 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 34112, the owner and holder of a certain Impact Fee Agreement executed by Jennifer Weir to Collier County, recorded on 03/31104 in Official Records Book 3532, Page 0804, of the Public Records of Collier County, Florida, in consideration of $5,793.82, 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, 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 - , 2014, Agenda Item Number ATTEST: DWIGHT E. BROCK, Clerk BOARD OF.COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney t�XN�r vpgk Tom Henning, Chairman Packet Page -2470- _n �, dl In s Ln 0 In w m Cl) 'L] to a) O M r:H H 4-1; H H C4 SiL- W is r� a -a x x n O -Co CO O =D1 01 N p O ro I'M o 0 to U fY. A O �o a scr, C9 o o ,, }' H H M .-1 Ol -E}a' Ol 01 :Qf._ 1` O .�S O w -0: Ln Packet Page -2471- 9/23/2014 16.D.7.