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Agenda 10/28/2014 Item #16D 510/28/2014 16.D.5. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a release of lien for Countywide impact fee deferral. OBJECTIVE: To support the affordability of housing in Collier County through the Collier County Impact Fee Deferral Program. CONSIDERATIONS: Pursuant to Section 74 -401 of the Collier County Code of Ordinances the County shall defer the payment of the impact fees for any new owner - occupied dwelling unit which qualifies as affordable housing. Section 74- 401(3) of the Code authorizes the County Manager to enter into an impact fee deferral agreement with the owner or applicant. The deferred impact fees shall be a 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 impact fees deferred for the construction of a 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 sets forth the details associated with this item. The payoff amount should have been $8,712.69 ($6,970.16 plus $1,742.53 interest). Instead, $8,758.66 was collected and resulted in an overpayment of $45.97. The overpayment was used for the $10.00 recording fees and the remaining $35.97 was refunded to the customer. The error occurred because the interest was incorrectly calculated at more than the maximum allowable amount. Name Property Address Payoff Official Records Public Type Sophia Fernandez Amount Record Sophia Fernandez 4420 Botanical Place, Unit 104 $8,712.69 OR Book: 4178, PG: 0919 Naples, Fl 34112 FISCAL IMPACT: Collier County impact fee deferral funds in the amount of $8,712.69 have been repaid and have been deposited to the individual impact fee trust funds as required. Property Owner Impact Fee Assessed Interest Total Deferral Type Sophia Fernandez $6,970.16 $12742.53 $8,712.69 Countywide 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 a release of lien for deferral of 100 percent of Collier County impact fee for owner occupied affordable housing dwelling unit. Prepared Bv: Mandy Moody, Grant Support Specialist, Community and Human Services Packet Page -1468- 10/28/2014 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.5. Item Summary: Recommendation to approve and authorize the Chairman to sign a release of lien for Countywide impact fee deferral. Meeting Date: 10/28/2014 Prepared By Name: MoodyMandy Title: Grants Support Specialist, Housing, Human & Veteran Services 10/1/2014 9:13:22 AM Submitted by Title: Grants Support Specialist, Housing, Human & Veteran Services Name: MoodyMandy 10/1/2014 9:13:23 AM Approved By Name: GrantKimberley Title: Director - Housing, Human and Veteran S, Housing, Human & Veteran Services Date: 10/6/2014 12:48:05 PM Name: McKuenElly Title: Grants Coordinator, Housing, Human & Veteran Services Date: 10/10/2014 2:31:59 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 10/10/2014 2:42:56 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Community & Human Services Date: 10/14/2014 8:41:32 AM Name: PattersonAmy Packet Page -1469- Title: Manager - Impact Fees & EDC, Business Management & Budget Office Date: 10/15/2014 11:05:04 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/15/2014 2:01:08 PM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 10/15/2014 3:07:50 PM Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 10/20/2014 2:35:24 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 10/22/2014 9:58:24 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/22/2014 12:58:24 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 10/22/2014 1:52:46 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 10/22/2014 2:39:40 PM Packet Page -1470- 10/28/2014 16.D.5. L 10/28/2014 16. D 3 ;5. 02/0212007 at 02:591t MGff 1. B10a, CUB Reran to tie M 21.00 tetra: Collie. Board Collier County osx 0lttASIM SMIT i 30MIG 2M N. xers —M- Drive ItB10ma NsPia.FL34104 Ai"It: 1, UM BRAD 103 -2378 File# 07- 035-IF This "ce for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this /6 day of January, 2007, between Collier County, a political subdivision of the State of Florida (COUNTY) and Sophia Fernandez (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dwel ' ihd\ Exhibit "A." "I _U 3. The tern of this Agreementys ate s move until the impact fee is repaid. 4. The amount of the impaci eel deferred shall be paW o the COUNTY in full upon: a) the sale of the dwelling unit; th �a�nan' o dwel 'rag ; 't; c) a loss of the homestead exemption; or d) the r er pf any part of the affected real ! I{ l ! property, and in any s4 eh, e-- act �" sli�l.'be paid in full to the COUNTY not later then the clost��-afdhe sale, or not laterien 1heetive date of the transfer. As set \`* o 't is 'x Thousand. Nine Hundred forth m Exhibit `B," the aStYe t of the deferred u� � s St d. Seventy dollars and 16/10b 'shall include any accrued interest. Interest shall be computed at the t (5 %) per annum, but in no event shall it exceed twenty -five percent (25 %) of the total fee amount. 5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien may be foreclosed upon in the event of non - compliance with the Ordinance or with this Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the County. The deferrals of impact fees and this Agreement shall run with the land, and neither the deferred impact fees nor this Agreement shall be transferred, assigned, or otherwise conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or other security interest, this 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. 6. Upon the satisfactory completion of this Agreement's requirements, COUNTY shall record any necessary documentation evidencing same. 7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default is not cured within 30 days after written notice is provided to the OWNER, the COUNTY may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are Packet Page -1471 - Page 1 of 2 10/28/2014 16.D.5. then in default and immediately due and payable. The COUNTY shall be entitled to recover all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar year basis until paid. 8. This Agreement is the sole agreement between the parties with respect to the subject matter herein, and shall be binding upon the OWNER's successors and assigns in interest. 4. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: Sophia Fernandez Print Name_ 1` oii-Cl VUA,n STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreeme�' was/,ackne�uledged before Sophia Fernandez, who is pefson�llyo t me r� prod identification [NOTARIAL SEAL] 1 w CommWeion DON E*NW Jane 14.2= 1 (Font Name j 0 day of January, 2007, by as L— uv'--'c a Public) � sign Expires: COLLIER COUNTY, FLORIDA By: r• MMIES V. MUDD, COUNTY MANAGER STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this 30�- day of January, 2007, by James V. Mudd, County Manager, on behalf of the COUNTY, who is personally known to me. [NOTARIAL SEAL] - L�2� (Signature�of Notary )lic) ` (Print Name of Notary Public) Commission Number. My Commission Expires: AWov and Re mmend appro ,/D leJe Denton Baker, Director of Arney Operational Support & Housing Packet Page -1472 - Page 2 of 2 Em irW�lr /�w •AAA ww AAAA iii * J{ 10/28/2014 16.D.5. EXHIBIT "A" LEGAL DESCRIPTION UNIT 104, BUILDING 9, BOTANICAL PLACE, A CONDONIINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational ] G. Road Impact H. Government I. Sewer Impac JAK Approved —/—/— Packet Page -1473- Amoaat Owed $93.00 $117.98 $135.68 $498.15 $497.13 $827.00 $2,662.00 $129.22 $2,010.00 $6,970.16 10/28/2014 16.D.5. Prepared by: Mandy Moody Collier County Community and Human 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 Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling Units (the "Impact Fee Lien ") executed by Sophia Fernandez to Collier County, recorded on February 2, 2007 in Official Records Book 4178, Page 0919, of the Public Records of Collier County, Florida, in consideration of $8,712.69, receipt of which is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as follows: Unit 104, Building 9, Botanical Place, A Condominium, according to the declaration of condominium thereof recorded in the official records Book 3933, Page 2655, of the Public Records of Collier County, Florida. The undersigned is authorized to and does hereby satisfy and 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. Dated this day of , 2014. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA \d TOM HENNING, CHAIRMAN Packet Page -1474- 10/28/2014 16.D.5. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, Ft 34104 239 -252 -2400 RECEIPT OF PAYMENT Receipt Number: 2014196542 Transaction Number: 2014 - 043660 Date Paid: 09/05/2014 Amount Due: $8,722.69 Payment Details: Payment Method Amount Paid Check Number Check $8,758.66 7026646972 Amount Paid: $8,758.66 Change / Overage: $35.97 Contact: Wells Fargo Home Mortgage PO BOX 10335 Des Moines, IA 503060335 FEE DETAILS: Fee Description Reference Number Original Ems. Deferral M/F Community Park MS20140010433 $498.15 Deferral M/F Regional Park MS20140010433 Deferral M/F EMS Payoff MS20140010433 Deferral M/F ]AIL Payoff MS20140010433 Deferral M/F LIBRARY MS20140010433 Payoff $93.00 350 - 140470 - 324103 - 31350.1 Deferral M/F ROAD Payoff MS20140010433 D2 $135.68 355 - 156190 - 324103 - 31355.1 Deferral M/F SCHOOL MS20140010433 Payoff 355 - 989010 - 361190 - 99355.1 Deferral M/F GOVr BLDG MS20140010433 Payoff $32.31 Deferral M/F SEWER MS20140010433 Payoff $502.50 Interest PARKS MS20140010433 Interest EMS MS20140010433 Interest JAIL MS20140010433 Interest LIBRARY MS20140010433 Interest ROAD D2 MS20140010433 Interest GOVT BLDG MS20140010433 Interest SEWER MS20140010433 Impact Fee Miscellaneous MS20140010433 fee Cashier Name: LeaDerence Batch Number: 3974 Entered By: fleishmanpaula Amount GL Account Paid $498.15 346 - 156410- 324103 - 31346.1 $497.13 $497.13 346 - 156405 - 324103 - 31346.1 $93.00 $93.00 350 - 140470 - 324103 - 31350.1 $117.98 $117.98 381 - 110430- 324103 - 31381.1 $135.68 $135.68 355 - 156190 - 324103 - 31355.1 $2,662.00 $2,662.00 333 - 163653- 324103 - 31333.1 $1,033.75 $1,033.75 113 - 000000 - 209050 $129.22 $129.22 390 - 122231- 324103 - 31390.1 $2,010.00 $2,010.00 002 - 138770 - 324103 $248.77 $248.77 346 - 989010- 361190 - 99346.1 $23.25 $23.25 350 - 989010 - 361190 - 99350.1 $29.50 $29.50 381 - 989010 - 361190 - 99381.1 $33.92 $33.92 355 - 989010 - 361190 - 99355.1 $665.53 $665.53 333 - 989010- 361190 - 99333.1 $32.31 $32.31 390 - 989010- 361190 - 99390.1 $502.50 $502.50 413 - 989010 - 361190- 99413.1 $10.00 $10.00 107 - 138920 - 341890 Packet Page -1475-