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Agenda 05/08/2012 Item #16D 45/8/2012 Item 16.D.4. EXECUTIVE SUMMARY Recommendation to approve one (1) Release of Lien in the amount of $4,736.34 for an Impact Fee Deferral Agreement as the amount has been repaid in full. OBJECTIVE: Approve one (1) release of lien. CONSIDERATIONS: On August 8, 2000, Collier County entered into an Impact Fee Agreement with Crescencio Lopez pursuant to the requirements established in Section 74 -401 of the Collier County Code of Laws and Ordinances. Under Article IV, Affordable Housing Impact Fee Deferral, the County may 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(a)(3) of the Code authorizes the County Manager to enter into an impact fee deferral agreement with the owner or applicant and to execute such deferral agreements. 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. A payoff check in the amount of $4,736.34 was received by the Housing, Human and Veterans Services Department to satisfy the obligation owed on the lien. The funds deferred for the construction of one (1) residential dwelling unit has 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 I Property Address Lien Amount I Public Record Crescencio Lopez 1 671 12` Ave NE, 34120 $4,736.34 1 OR Book: 2708, PG: 0140 FISCAL IMPACT: A total of $4,736.34 has been deposited to Collier County SHIP Trust Fund. Repaid funds are considered program income and may be reused for eligible SHIP program activities, and reside in the Affordable Housing Trust Fund 191. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. —JW STAFF RECOMMENDATION: Approve and authorize the Chairman to sign one (1) release of lien for deferral of 100 percent of Collier County SHIP impact fees deferral for owner occupied affordable housing dwelling units. PREPARED BY: Kristi Sonntag, Federal /State Grant Manager, Housing, Human and Veteran Services Packet Page -987- COLLIER COUNTY Board of County Commissioners Item Number: 16. DA. 5/8/2012 Item 16.D.4. Item Summary: Recommendation to approve one (1) release of lien in the amount of $4,736.34 for an Impact Fee Deferral Agreement as the amount has been repaid in full. Meeting Date: 5/8/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 4/3/2012 3:42:58 PM Approved By Name: SonntagKristi Date: 4/5/2012 9:18:29 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 4/12/2012 8:57:57 AM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 4/17/2012 9:28:42 AM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 4/17/2012 10:40:12 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 4/19/2012 9:17:29 AM Name: StanleyTherese Title: Management /Budget Analyst, Senior,Office of Management & Budget Date: 4/23/2012 12:42:05 PM Name: PryorCheryl Packet Page -988- 5/8/2012 Item 16.D.4. Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 4/26/2012 5:56:15 PM Name: KlatzkowJeff Title: County Attorney Date: 4/27/2012 9:14:36 AM Name: UsherSusan Title: Management/Budget Analyst, Senior,Office of Manage Date: 4/30/2012 1:00:13 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 4/30/2012 3:05:38 PM Packet Page -989- 5/8/2012 Item 16.D.4. 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 Crescencio Lopez to Collier County, recorded on August 8, 2000 in Official Records Book 2708, Page 0140, of the Public Records of Collier County, Florida, in consideration of $4,736.34, 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: Golden Gate Estates, Unit 18, E 75FT of W 150FT of TR 108, of the Public Records of Collier County, Florida (671 12th Ave NE, Naples, FL 34120). 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. Dated this day of , 2012. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal s ;ency: Jeff E Wri t Assi ounty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Un FRED W. COYLE, CHAIRMAN Packet Page -990- 2613209 OR: 1108 PG: 0 �� X2012 Item 16.D.4. t V am won is tw w1etu NOW of Oulu 1IN emm, n me tau tR 24.N utaarro to n= H/u /Im it sl:slw nr ce I. ma, = COW s.N AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this t day of —14-u 2000. by and between the Board of County Commissioners of Collier County, Florida. hereinafter evi'etmf to as "COUNTY" and C'rescencio 1.01W, hereinafter referred to as "OWNER." WITNESSETH: WHEREAS. Collier County chdinance 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 Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91 -71, as amended, �e Emergency Medical Services System Impact Fee Ordinance. Collier Ordinance No. , as amended, the Collier County Road Impact Fee Ordinanc ; C l r oo cc 9 33, as amended, the Collier County Educational Facilit' s I d llier County Ordinance No. 99 -52, the Collier County t n1A ti s 1 't 0 ce, as they may be further amended from time to tim ereinafter collectiv ret to as "Impact Fee Ordinance ", provide for waivers of im s for new own r t dwelling unit qualifying as affordable housing; and ©� WHEREAS. OWNER has appli� C ..r of impact fees as re wire -d b the Impact y Y pact Fee Ordinance, a copy of said application being on file in the office of dousing and Urban Improvement; and WHEREAS, the County Administrator or his designee 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 project as eligible for an impact fee waiver; and Packet Page -991- 5/8/2012 Item 16.D.4. OR! 2708 PG: 0141 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No 2000 - n —"'j t ' . • 1 'i nb a rta u ar meeting of c,.. \ 7000; and WHEREAS, the Impact Femme Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing rccluds, the parties coven utt 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 are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER ag O . shall remain as affordable housing and shall be offered for sale i I cc with the Stan forth in the appendices to the Impact Fee Ordinance for a o n ( ye •omme cin from the date the certificate of occupancy is issued for a to t. 4. RF..PRESENTA M IES E-R represents and warrants the following: C* a a. The Dwe nit shall be sold to old with a very low income as defined in t e 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 affordable housing for fifteen (15) 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 Ll @ n 4– fees in the total amount of $1,736.34 pursuant to the impact Fee j � w� 2 - Packet Page -992- 5/8/2012 Item 16.D.4. OR: c tua ru: Ulu 1 IOrdinance. 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, S. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser. the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fvv 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 the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waiv 0n R �� effective date of this Ag a which lien may be non - compliance with the 8. RELEASE requirements and fifteen (1 upon the Dwelling Unit on the upon in the event of of the Agreement ilicate of occupancy, or upon payment of the waived '? t fees, the COU s al_ a expense of the COUNTY, record any necessary doctunen ion idcncing the to ttld of the lien, including, but not limited to, a release of lien. r cTV1C 9. BINDING EFFECT. This Agreement shall be binding upon the panics 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 9 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 fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - Packet Page -993- ORS 5/8/2012 Item 16.D.4. —..w .w, Vnew IL DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER tails to sell the Dwelling Unit in accordance with the alyordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereatter fails to pay the impact fees due within thirty (30) days of said ton- compliance, or (2) where OWNER violates one of the at%rdabic housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (1 S) days after notice of the violation, 12. REMEDIES. Should the OWNER of the property tail to comply with the 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 tees waived shall constitute a lien on the Dwelling Unit continuing for fifteen (15) years repaid. Such lien shall be owner, lessee, tenant, mortg gee parity with liens of any sue Co� and the default is not c i bring a civil action to enfo P otherwise enforced by the CO mortgage on real property. This on the etlective date of this Agreement and br6nd paramount to the ic'�Ft Or o e exce liens t s . o e a it is agreemen . t E t �o d' ' , v action or suit.,&&, certificate of occupancy or until in the Dwelling Unit of any taxes and shall be on be i� default of this Agreement i -g)o OWNER. the Board may lien may be foreclosed or as for the foreclosure of a any other right or remedy available 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 lmpK1 Fees on the date and year first above written. Witnesses: Print Name "-'L dare -0 7 arvrrl Print Name—r=,,. OWNER: - 4 - Packet Page -994- Crescencio Lopez b] *31 D 5/8/2012 Item 16.D.4. OR: 4ivo ru; Vill -ww STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 1 aL day of .2000 by Crescencio l.opcz. He is personally known tome or has produced rat, as identification. ` [NOTARIAL SEAL) Signature of Person T g Acknowledgment LAUREN J. 9EMD wY cowoagon 0 cc ?""@ axrues Muf mt DATED: f k I D�D ATTEST: DWIGHT E. BROCK. Clerk/ By; of Acknowiedger Typed. Printed or Stamped C BOAR Deputy CI ,rl� IM T Apt p !o �1rrn' � O p and G legal sufficiency E CIR Thomas C. Palmer ASSiatgnt County Attorney - 5 - Packet Page -995- COMMISSIONERS LMDA . CHAIRMAN Action Title Services Seller: CRESCENCIO LOPEZ, Buyer: JUAN ESCOBEDO Property I.D. Number: 37497760007 Legal Description: Lot TR -108, GOLDEN GATE ESTATES, UNIT 18 Property Address: 671 12TH AVE NE NAPLES, FL 34120 ACTION TITLE FILE NO: 1, 211100035 Escrow Officer. ALLIE PELHAM 1 (1 304) Impact Fees paid with seller's "" - $4,736.34 60 -)o /- /p- S� 5/8/2012 Item 16.D.4. First National Bank of the Gulf Coast 2_70$2 Naples, Florida 34103 i °0 131. 3/16/2012 MAR 2 12012 HOUSING & HUMAN SERVICES FISCAL SECTION Payable to: Collier County Board of County Commiss. **** Housing, Human & Veteran Services $ $4,736.34 Action Title Services', First National Bank of the Gulf Coast 2 -70$2 ESCROW ACCOUNT Naples, Florida 34103' rya �e32 3733 TAMIAMI TRAIL NORTH ` NAPLES ,..`.FC:ORIDA 34103 (239) 262-2200 ACTION Tm E FILE NO: ( 1304) Impact Fees 211100035 paid with seller's "" - $4,736:34 Hale 3/16/2012 PAY Four Thousand Seven Hundred 'thirty Six and 34/100 Dollars * *+* $ $4,736.34 oROER OF Collier County Board of County ommiss. % Housing, Human & Veteran Services 3339 Tamiami Trial E., Bldg. H, Ste 211 Naples, FL 34112 AFTER.90 DAYS i i E C Iftn-f-: C re's e e f-1 5; 0 QvpeZ -7 -e.. ,v. el s 1 ,/' ,Am It? LAcr>— Packet Page -996- 5/8/2012 Item 16.D.4. C.,a 1e-r COlr4nty Public Services Division Housing, Human & Veteran Services February 24, 2012 To: Allie Pelham Title Agent /Closing Agent email: apelham @actiontitlenapies.com From: Collier County Housing, Human and Veteran Services Department Priscilla Doria- SHIP Loan Processor Re: Crescencio Lopez 67112" Ave NE Naples, FL 34120 Recorded on 08/08/2000, OR Book 2708, Page 140. The payoff amount to satisfy the above mentioned property owner's lien with Collier County is: $4,736.34. Payment should be made to "Collier County Board of County Commissioners" and delivered to: Collier County Housing, Human and Veteran Services 3339 Tamiami Trail E, Bld H, Suite 211, Naples, FL 34112 If you wish to have us record the satisfaction, please include a separate check in the amount of 10.00 made payable to: Collier County Clerk of Court. Thank you, Priscilla Doria, Loan Processor (239) 252 - 5312 -phone (239) 252 - 6518 -efax ?L,=4-SE 5au1 S4T —10 Allie Pelham, Title Agent Action Title Services, LLC 3733 Tamiami Trail N. Naples, FL 34103 Ph (239) 213 -6721 Fax (239)213 -6461 apelham@actiontitienaples.com Housing, Human and Veteran i ervices of C*ffierCounW 3301 East Tamiami Trail - Health Building • Naples, FL 34112 239 - 252 -CARE (2273) • 239 252 -HOME (4663) • 239. 252 -CAFE (2233) • 239 -252 -RSVP (7787) • 239 -252 -VETS (8387) • www.colliergov.net/humanservims Packet Page -997- Details 5/8/2012 Item 16.D.4. New Search !Property Record Aerial i Sketches Trim Notices Current Ownership Parcel No. lProperty Address 1671 12TH AVE NE Owner Name LOPEZ, CRESCENCIO Addressesil 671 12TH AVE NE City I NAPLES State FL Zlpll 34120 - 2304 Legal GOLDEN GATE EST UNIT 18 E Ir 76FT OF W 150FT OF TR 108 Se on To hip Range ; ; C 40 33130010 Strap o. Sub No. 331300 GOLDEN GATE EST UNIT 18 Miliaae Area School` •• ••, Other Total Use Code 01 SINGLE FAMILY RESIDENTIAL 290 5.527 8.4951 14.0221 2011 Certified Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value ( +) Improved Value $ 7,268.00 $ 68,649.00 (_) Market Value $ 75,917.00 ( -) SOH Exempt Value & Other Exemptions $ 0.00 ( =) Assessed Value $75,91 .00 ( -) Homestead and other Exempt Value $ 50,000.00 (_) Taxable Value $ 25,917.00 {_) School Taxable Value (Used for school Taxes)] $ 50,917.00 .. - ..o.c vw wn,ca cJCCm'Jl value sue to cap on assessment increases. ( *See instructions for Calculations Latest Sales History Date Book - Page Amount 0612000 268 - 6 05 $ 9,000.00 09 / 1995 2113-2032 $ 0.00 New Search The Information is Updated Weekly. http:// www .collierappraiser.com/RecordDel packet Page -998- iiolD= 37497760007 3/26/2012