Agenda 06/11/2013 Item #16D 26/11/2013 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve State Housing Initative Partnership (SHIP) release of lien for owner
occupied affordable housing dwelling unit that has been repaid in full.
OBJECTIVE: Approve one (1) release of lien for deferral of 100% of Collier County Impact Fee
provided under the State Housing Initiative Partnership Program (SHIP).
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 an impact fee deferral
agreement with the owner or applicant and is authorized to execute such deferral agreement. 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 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.
Name
Property Address
Mortgage
Payoff
Official Records
Amount
Amount
Public Record
Habitat for
12180 Fuller Lane Naples
$11,612.98
$11,612.98
OR Book: 3158, PG:
Humanity
FL 34113
2377
FISCAL IMPACT: A total of $11,612.98 has been repaid to Collier County. The funds have been
deposited in the SHIP Grant Fund 791, Project 33222.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. — JW
STAFF RECOMMENDATION: Approve and authorize the Chairwoman to sign one (1) release of lien
for deferral of 100 percent of Collier County impact fee for owner occupied affordable housing dwelling
unit.
PREPARED BY: Wendy Klopf, Operations Coordinator, Housing, Human and Veteran Services
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6/11/2013 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve State Housing Initative Partnership (SHIP)
release of lien for owner occupied affordable housing dwelling unit that has been repaid in full.
Meeting Date: 6/11/2013
Prepared By
Name: K1opfWendy
Title: Operations Coordinator,Housing, Human & Veteran Se
5/3/2013 3:53:37 PM
Submitted by
Title: Operations Coordinator,Housing, Human & Veteran Se
Name: KlopfWendy
5/3/2013 3:53:39 PM
Approved By
Name: LarsenKathleen
Date: 5/9/2013 8:22:59 AM
Name: GrantKimberley
Title: Interim Director, HHV S
Date: 5/20/2013 1:55:56 PM
Name: PattersonAmv
Title: Manager - Impact Fees & EDC,Business Management &
Date: 5/23/2013 3:11:27 PM
Name: SonntagKristi
Date: 5/27/2013 8:22:08 PM
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
Date: 5/30/2013 8:28:04 AM
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Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 5/30/2013 9:48:48 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 5/30/2013 12:29:17 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 5/31/2013 10:01:36 AM
Name: K1atzkowJeff
Title: County Attorney
Date: 5/31/2013 10:10:52 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 5/31/2013 1:39:12 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/3/2013 9:39:47 AM
Name: OchsLeo
Title: County Manager
Date: 6/3/2013 2:22:00 PM
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6/11/2013 16.D.2.
6/11/2013 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 of Collier County, Inc. to Collier County,
recorded on November 21, 2002 in Official Records Book 3158 , Page 2377, of the Public
Records of Collier County, Florida, in consideration of $11,612.98 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 26, Block C, Habitat Village, according to the plat thereof as recorded in Plat Book 37, pages 48 through 51,
inclusive, 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.
This Release of Lien was approved by the Board of County Commissioners on -
2013, Agenda Item Number
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal ficiency:
3e E Wright
A i nt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IIn
Georgia A. Hiller, Esq., Chairwoman
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File* 03472 -IF
6/11/2013 16.D.2.
3082666 OR: 3158 PG: 2377
IICOIDID is 0111CM 11COUS of COU111 MM, IL
11/21/2002 At 10:1411 Me? I. IM, CL�II
IIC III 31.54
k1u:
11MCI2L IDIII i B931BG
1"11011I0
Iffl: Ulm 11JR(405 -2211)
MAspomfornm
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE- FAMILY AFFORDABLE HOUSING DWELLING
'this Agreement for the De t Fees is entered into this ij day of
2002 by n Collier Cou litical subdivision of the State of
Florida, through its the H o rs, in r referred to as "COUNTY,"
and Habitat for Humani referred to as "OWNER,"
collectively stated as the
RECTf
WHEREAS, Collier Ordinance No. Collier County Consolidated
Impact Fee Ordinance, as amen t may be further amended from time to
time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of
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
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6/11/2013 16.D.2.
OR: 3158 PG: 2378
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
WHEREAS, pursuant to Section 74201, E.l.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, 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 defter al of
impact fees for OWNER in support of le Housing.
NOW, THEREFO
valuable consideration, the
the Parties covenant and
1. RECITALS
incorporated b nce herein.
2. LEGAL DESCR . The legal
(the "Dwelling
herein.
Recitals, and other good and
mutually acknowledged,
are true and correct and are
dwelling unit and its site plan
" and is incorporated by refemnce
3. TERM, The term of this Agreement is for no longer than a period of fifteen (15)
years commencing from the date the certificate 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 w%
defined in the Impact Fee Ordinance, and the OWNER's monthly
2
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4
6/11/2013 16.D.2.
OR: 3158 PG: 2379
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,
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 S t t ?,98,
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 O C . no later than the expiration of the TERM,
p
OWNS ovenan to comply with the affordable
G
hous' g i ferral qualifi do riteria detailed in the Impact Fee
r`
which is subJ44q � the impact fee deTVW i� a
OWNER sells the Dwelling Unit
purchaser, the Dwelling
Unit shall be s y to persons or meeting the deferral qualifying
criteria set forth in t ee O the case of sale or transfer by gift of
the Dwelling Unit, the on R shall remain liable for the impact fees
deferred until said impact fees act paid in full or until the conditions set forth in the
Impact Fee Ordinance and this Agreement are satisfied.
6. AFFORDABLE REQUIREMENT. 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 Eleven Thousand Six
3
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"� 6/11 /201316.D.2.0
OR; 3158 PG: 2380
Hundred Twelve dollars and 98/100 (S 11.612.98). 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
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, r person, except that this lien shall be on
parity with any lien y taxes.
8. RELEASE OF
requirements, 1
the expense o t U ,
payment, inclu (, , but not limited to,
9. BINDING EFFE s Agreement
Parties to this Asm=
10. RECORDING. This
of this Agreement's
fees, the COUNTY shall, at
evidencing such
#( the land and be binding upon the
and assigns
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
b. OWNER continues to violate any of the affordable housing qualification
criteria in the Impact Fee Ordinance for a period of fifteen (1 S) days after
mailing of written notice of the violation.
4
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6/11/2013 16.D.2.
OR; 3158 PG; 2381
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
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 C ay bring a civil action to enforce the
Agreement. Oti��R COU�?'
c. In additi may be force or otherwise enforced by the
CO y action in la or ity including the foreclosure of a
mortga e o p hal be entitled to recover all fees
and c c uding attorneys ees, u rest at the statutory rate for
judgmen laced on a calendWW 3 ntil paid.
tE CIR
J
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6/11/2013 16.D.2.
OR: 3158 PG: 2382
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and
year first above written.
Witnesses:
Print ante `1" "5'A* -
STATE OF q41 Jk
COUNTY OF Ax" )
The foregoing Agreement was
20D2, by Samuel J. Durso, M.D.,
personally known to me. Cno
[NOTARIAL
�wej
u
arrmlrtan!
,� sane
STATE OF FLORIDA)
COUNTY OF COLLIER)
OWNER:
Habitat for Humanity of
Collier y, Inc.
Sannue , M.D., President
ore me this 13— day ofNmm&"( ,
Humanity of Collier County, Inc. He is
Acknowledgment
MR SWIM V�J�tf �
,
a/�u!?:���1� � • 1Tr�
The foregoing Agreement was acknowledged before the this -21- day of
2002, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to
tnc.
[NOTARIAL SEAL) Gb■ �Ot store of Person T Acknowledgment
Bx�ites: Oa
4.2006
xy� aoaw'nw
. `r, AMIIMlo 9pidt�� Co, Yie
Approved as to fo and
au cy:
Patrick G. White
Assistant County Attorney
R mn end val
Denton Baker, Interim Director
of Financial Administration & Housing
6
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EXHIBff "A"
LEGAL DESCRIPTION
Habitat for Humanity of Collier County, Inc.
6/11/2013 16.D.2.
OR; 3158 PG; 2383
1,01 26, Block C, Habitat VWage, according to the plat thereof as recorded In Plat Book 37,
Pages M through 51, inehtaive, of the Public records of Collier County, Florida.
EXHIBIT'S ,
IMPACT FEE BREAKDOWN
Type of Itttpact Fee
A. EMS Impact Fee U $9 .
B. Correctional Facil' 'es 7
C. Library Impact
r
r, r
D. Parks Impact Fee: t'' $I 195
L.
E. Educational Faciliti impact Fee
F. Road Impact Fee .00
G. Water Impact Fee �Rc$2,690.00
H. Sewer Impact Fee $2,840.00
TOTAL IMPACT FEES $119612.98
POWftr"&AVft WAnVW1W%Def=W AVWWCM(061602 1012)
7
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BOUNDARY SURVEY
MUCT 'D -2w
(DRAINAGE)
12' DRAINAGE EASEMENT
-- - ----- - - - --p
LOT 27
BLOCK "C" ro
10'1 PUBLIC UTILITY EASIYINT
LOT 26
BLOCK "C"
89'53 32 W 66.0(
6/11/2013 16.D.2.
* ** OR: 3158 PG: 2384 *t*
ui 1 I
WT 25
m BLOCK "C" I I
CQ � I i
� I I
p I I
-- — — — — — — — 1- —�—
EXISTING 2' WIDE comm t; j;
VALLEY OUTTERI
0 1
_ 173.60'
,�Vfi3 - -32' W 429.03' EXISTING 20' WIDE ASPHALT PAVEMENT
C" . wow uw
LL . wreew
rerf .new eew
"ft •man" a
&L . OWN" =
LL • umm nw
VA . "A& een
ev.. eer ede• w
0 '�. • fwirew► �
. ara wee
RIGHT —OF —WAY
SCAB: 1' - 30'
NOTES:
ADDRESS: 12160 FUUZR LANE
ALL IMPROVEMENTS ARE EXISTING UNLESS OTHERWISE NOTED
ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERflCAL DATUM. 1929
FDBI, PANEL No. IMM7 OBOE D INDICATES THAT THE PROPERTY 13 IN ZONE 'AE', ELEVATION 7.0
BEANNOS ARE BASED ON THE RECORDED PLAT US= BELOW
CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETBACK RESTRICT IONS
ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON
LEGAL DESCRIPTION:
LOT 88, BLACK 'C' OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK 37, PACE 46 THROUGH 51 OF
THE PUBLIC RECORDS OF COLDER COUNTY, FLORIDA. SAID PARCEL CONTAINING 4949.91 SQUARE FEET OR 0.11
ACRES YORE OR LI118.
1 HEREBY CERTIFY to:
HABITAT FOR HUMANITY OF COLDER COUNTY. INC.
THAT AN ABOVE GROUND SURVEY OF THE ABOVE DEEMED PROPERTY WAS WADE UNDER MY DIREC"ON AND THAT
THE SURVEY AND SKETCH ARE ACCURATE TO THE BEST OF MY KNOWLEDGE AND REM. FURTHER CBRTHn' THAT
THIS SURVEY MEETS THE MINAIUM TECHNICAL STANDARDS IN SECTION 472.027, FLORIDA STATUTES AS PER RULE
61017.0 OF THE FLORIDA ADMINISTRATIVE CODE.
CERTIFICATION 13 ONLY FOR THE LANDS AS DZBCRt=. IT IS NOT A =RnFICATION OF TTTLE, ZONING, EASEMENTS.
MOM FROM ENCUMBRANCES OR CONSTRUCTION SET BACK RE81 CWHS. ABSTRACT NOT REVIEWER THIS SURVEY
IS SUBJECT TD EASEMENTS, RESTRICTIONS (INCLUDING CONSTRUCTION SETBACKS) AND RESEPVATKINS OF RECORD.
CRRtmm?v OF AUT00im"m Me. Lb sm
WANLY .NGINEERING ""�°� °° '..L an V" ° sm
primom �eooao< uevd . F inwtn. P.S.M. 862'10
AND DESIGN INC. ,ems : I,DU a, w
0040M. NAM M, LAID MW4WM
AND UNGUM AMaWfl=RpM ' so" : t• . 00 ale or
.,.E .TWZA ."Ifs, .r -,... "Yrk ""aM/` — —
Packet Page -1330-
Colder Comm
Public Services Division
Housing, Human & Veteran Services
March 18, 2013
To: Naples Title
Tim Toole
Tim @naplestitle.com
Re: Habitat for Humanity of Collier County, Inc.
Obrian & Guerline Morvan
12180 Fuller Lane
Naples, FL 34113
11-20-13409:05
File# 03 -072 -SHIP IFD
G3- jcco a` c
6/11/2013 16.D.2.
The payoff amount to satisfy the property owner's County's SHIP Impact Fee Deferral lien
recorded on 11/21/2002, OR Book 3158: Page 2377 with Collier County is: 11612.98.
The payoff amount to satisfy the property owner's County's SHIP Second Mortgage loan
recorded on 06/23/2003, OR Book 3322; Page 1329 with Collier County is: $2,500.00.
Payment should be made to "Collier County Board of County Commissioners" and delivered
to: Housing, Human and Veteran Services, 3339 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL
34112.
Please include a separate check in the amount of 10.00 for each release/ satisfaction made
payable to: Collier County Clerk of Court for the cost of recording.
Thanks,
Priscilla Doria, Grants Coordinator
Phone: 239- 252 -5312
E -fax; 239 - 252 -6518
Email: Priscilladoria@colliergov.net
1 fou,iii�.
3;'. Tamar. Trail East, SLUE 21' - Napk- . FL 34112-.113G! :
•tc.:��.. _;�pc ,_, , HUf - 23 -:5: -CAFE
is {Si 5 - f_ 331. •,r ;
� ... '�'Z . �. -F;S P ; �'•7) � Z�i .ate tiETS ;8c5 ?i w,,-no .COiiie,,rgpv.noUhuniartservices
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CM
6/11/2013 16.D.2.
L 11 if` 4iTi ?,r�Tar'a nt�73:7c r_�7 R1_ L i I lii :L• ,.. x� ! : .
1556
NAPLES TITLE, INC.
ESCROW ACCOUNT
4851 N. TAMIAMI TRAIL • SUITE 202
NAPLES, FL 34103
PH. 239 -643 -1844
A REGIONS
NAPLES, FLORIDA
63.466/631
ORDERTHE Collier County Board of County Commissioners`'*` * * * * ** * * * * * * *' " " " " "` *'
— Eleven Thousand Six Hundred Twelve and 98/100 * **
001556
April 03, 2013
...*— $11,612.98'" 6
DOLLARS
i
MEMO File NT- 201302 -46 - 1556 VOID AFTER SIX MONTHS OF ISSUE
.. 11A 'fit •'IELT,"T�*�ri1.a:G -r.
APR 2 3 21713
HOUSING & HUMAN SERVICES
T480 AL SECTION
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.:Type : CRS' - ('Haan WM.Caah -Rcpta ).Dlossal documeat ...
Doc. Number
100612211 Company code 1000 Fiscalyear 2013
Doc, date
05/02/2013 Posting date 05 /02/2013 Period 08
zaleulate Tax
7-
Ref.doc.
203111
Doc.currency
USD
Doc. Hd-- Text
SHIP
tat PH
Fund
Cost Ctr
BHS eIrm.
Accooat
Acrount.ahort.tert
Amunr
Text
Funds.`Ct
Camt:: IT,
1=0
_
Funded
Ginn
. 40
991
104001
POOLED CASH AND INVE
34,112.98
5/2/22013
ASSET
NR
GDAiR
2 50
991
33222.1 :
369600
GRANT ::FROGRAH INCOME
11:612_98-
SHIP LOAN PO MORVAR,-OBP --
138991
364600
554
33222
332--
$.50
X91
33222.1
369600
GRANT PR^w'RAl: IN'bME
2,500.00-
SHIP LOAN PO MORVAN, OHP
13 °991
369600
554
3322,
-
332
yd, SO
791
64209.1
884100
SHIP ,,AFFORD HOUSE
20,000.00-
SHIP REFUffD- 2ARZDELA,SffI
138791
884300
S54
44209 -GMM
CM
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