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Agenda 10/23/2012 Item #16D 3 10/23/2012 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit that has been repaid in full. OBJECTIVE: Approve one (1)release of lien. 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 releases of lien associated with this item. Name Property Address Payoff Official Records Public Amount Record Denise D. 4510 Botanical Place Circle, $8,712.70 OR Book:3975,PG: 2243 Lounsbury Unit 404 FISCAL IMPACT: A total of $8,712.70 has been repaid to Collier County. The funds have been deposited in the appropriate impact fee trust funds. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This lien was paid in relation to a foreclosure case (Case No. 10-5107- CA), where the County successfully asserted the priority (i.e., superiority) of this lien relative to the bank's mortgage. If approved, a release of lien will be recorded and the County will be dismissed from the foreclosure action. This item is legally sufficient and requires a majority vote.—JW STAFF RECOMMENDATION: Approve and authorize the Chairman 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: Priscilla Doria,Grants Coordinator,Housing,Human and Veteran Services Packet Page-1583- 10/23/2012 Item 16.D.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3. Item Summary: Recommendation to approve one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit that has been repaid in full. Meeting Date: 10/23/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human&Veteran Servi 9/27/2012 8:54:51 AM Submitted by Title: SHIP Loan Processor,Housing, Human&Veteran Servi Name: DoriaPriscilla 9/27/2012 8:54:53 AM Approved By Name: SonntagKristi Date: 9/27/2012 5:13:47 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 9/30/2012 4:23:46 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 10/2/2012 8:32:55 AM Name: AckermanMaria Title: Senior Accountant, Grants Date: 10/2/2012 9:41:35 AM Name: WrightJeff Packet Page-1584- 10/23/2012 Item 16.D.3. Title: Assistant County Attorney,County Attorney Date: 10/3/2012 12:29:14 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing . Date: 10/8/2012 8:54:30 AM Name: WrightJeff Title:Assistant County Attorney,County Attorney Date: 10/9/2012 3:47:02 PM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Management&Budget Date: 10/10/2012 10:12:56 AM Name: KlatzkowJeff Title: County Attorney Date: 10/10/2012 3:39:16 PM Name: OchsLeo Title: County Manager Date: 10/13/2012 12:25:19 PM Ammito Packet Page-1585- 10/23/2012 Item 16.D.3. 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 Denise D. Lounsbury to Collier County, recorded on February 1, 2006 in Official Records Book 3975, Page 2243, of the Public Records of Collier County, Florida, in consideration of $8,712.70, 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: Unit 404, Building 3, Botanical Place, a Condominium, according to the declaration of condominium thereof, recorded in Official Records Book 3933, Page 2655, 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. Dated this day of , 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to form and legal stciency: " Jeff E. Wr'ght Assista t ounty Attorney Packet Page-1586- 10/23/2012 Item 16.D.3. P5azi ttaij AUG 232012 HOUSING&HUMAN SERVICES %L ,, FISCAL SECTION i'' ' Memorandum t)�;-21_ 12A()9 . 1 RC'J17 To: Paula Fleishman, Impact Fee Coordinator • From: Jeff E. Wright,Assistant County Attorney , Date: August 17, 2012 Subject: Impact fee payment(Fifth Third Mortgage v. Denise D. Lounsbury, Case No. 10-5107-CA) Attached please find a check (Adams and Reese LLP check no. 001455) in the amount of $8,712.70, representing payment in full of the amount due under the impact fee lien recorded at O.R. Book 3975, Page 2243 (a copy of which is also attached). This Iien was asserted by the County as being superior to the mortgage in the referenced foreclosure case, and as a result, the mortgagee has agreed to pay the entire balance due under the lien. I will contact you separately to coordinate formal release of the lien. Please feel free to contact me if you need additional information. cc: Jeffrey A. Klatzkow, County Attorney Amy Patterson, Impact Fee and Economic Development Manager y imberley Grant,Interim Director,Housing, Human and Veteran Services Office of the Packet Page-1587- ADAMS AND REESE LLP CHEC 10/23/2012 Item 16.D.3. TRUST ACCOUNT(IOTA) DATE INVOICE NO. INVOICE DATE TAX I.D.NO. FILE NUMBER AMOUNT 8/15/2012 Payment of Impact Fees 815172-000305 $8,712.70 DETACH AT PERFORATION BEFORE DEPOSITING CHECK REMITTANCE ADVICE VOID 90 DAYS AFTER DATE ADAMS AND REESE LLP 66315 "�'� 455 Alabama•Florida•Louisiana•Mississippi CHECK NO. ! 001_ Tennessee•Texas•Washington,D.C. PAY:Eight Thousand Seven Hundred Twelve and 70/100 DATE: 8/15/2012 CHECK AMOUNT TO THE NAME AND ADDRESS $8,712.70 ORDER OF [ Collier County, Florida c/o Jeff E. Wright, Assistant • ADA REESELLN County Attorney TRU COUNT(IOTA) 3299 Tamiami Trail East Naples, FL 34112 SUN RUST 815172-305 REQUIRES TWO SIGNATURES • • paint ED AUG 2 3 2012 • HOUSING & HUMAN SERVICES FISCAL SECTION • Packet Page-1588- 10/23/2012 Item 16.D.3. Official Receipt - Collier County Board of County Commissioners onk COPR1103-Official Receipt F.;:, Trans Number Date Post Date Payment Slip Nbr 1002510 8/23/2012 12:05:28 PM 8/23/2012 MS 249219 DENISE LOUNSBURY BOTANICAL PLACE BLDG 3 UNIT 404 Payor:ADAMS AND REESE LLP Fee Information Fee Code Description GL Account Amount Waived 09EDMF EMS DEFERRAL M/F PAYOFF 35014047032410331350 $93.00 09JDFM JAIL DEFERRAL PAYOFF M/F 38111043032410331381 $117.98 09LBDFM LIBRARY DEFERRAL PAYOFF M/F 35515619032410331355 $135.68 09PDFM PARKS DEFERRAL PAYOFF M/F 34611636332410331346 $995.28 08SBDM SCHOOL DEFERRAL PAYOFF M/F 11300000020905000000 $1033.74 09DFM2 ROAD DEF PAYOFF M/F 02 33316365332410331333 $2662.00 09GBDFM GB DEFERRAL PAYOFF M/F • 39012223132410331390 $129.22. 09SDFM SEWER M/F DEFERRAL PAYOFF 00213877032410300000 $2010.00 09EMINT EMS IMPACT FEE INTEREST 35098901036119099350 $23.25 09JLINT JAIL IMPACT FEE INTEREST 38198901036119099381 $29.50 09LBINT LIBRARY IMPACT FEE INTEREST 35598901036119099355 $33.92 09PKINT PARK IMPACT FEE INTEREST 34698901036119099346 $248.82 09GBINT GOVT BLDG IMPACT FEE INTEREST 39098901036119099390 $32.31 09R2INT ROAD D2 IMPACT FEE INTEREST .33398901036119099333 $665.50. 09SWINT SEWER IMPACT FEE INTEREST 00298901036119000000 $502.50 Total $8712.70 -Continued- Collier County Board of County Commissioners Printed:8/23/2012 12:06:00 PM CD-Plus for Windows 95/NT Packet Page -1589- 10/23/2012 Item 16.D.3. Official Receipt - Collier County Board of County Commissioners CDPR1103-Official Receipt Trans Number Date Post Date Payment Slip Nbr 1002510 8/23/2012 12:05:28 PM 8/23/2012 MS 249219 Payments Payment Code Account/Check Number Amount CHECK 1455 $8712.70 Total Cash $0.00 Total Non-Cash $8712.70 Total Paid $8712.70 Memo: Impact fee deferral payoff 0R3975 PG2243. Cashier/location: LEADERENCE 1 1 User. FLEISHMANPAULA Collier County Board of County Commissioners Printed:8/23/2012 12:06:00 PM CD-Plus for Windows 95/NT Packet Page -1590- 3777658 10/23/2012 Item 16.D.3. 1.-1 RBCORDBD in OPPICIAL RECORDS of COLIiIER C4IIEfT, PL 02/01/2006 at 02:40PM DWIGHT I. BROCI, CURE RIC !EE 69.50 Return to: Roth: Lauren Beard IRTBROPPICE/LAIIRER BEARD Collier County'OSH COLLIER COURT! OKI 2800 N.Horsebsoe Drive 403-2338 Naples,FL 34104 File#06-038-IF This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING UNITS This Agreement for the Deferral:Af X?( e-o'fIImpact Fees is entered into this j day of January, 2006, by and betwee Mi i ter County, a poltioalisulbdivision of the State of Florida, through its the Board of County q9mmlsioners,-.,1 reins'her r ferred to as "COUNTY," and Denise D. Lounsbury,here.naft4-r-"te%red as'k.9. , Rr"`d1lect`vely stated as the'`Parties."( 1 V ,�, 1 WHEREAS, Collier` qb ty Ordinance Na 4200 -4 ,..,.,a riffled in Code of Laws and � P z1ei f/0 Ordinances (Code) as Section'\? -401 established an fidab a Housing Impact Fee Deferral Program (Program); and such regulaltt ns-, o1leottvdl referred to as the "Impact Fee T,_ /.I. tom. Y p Ordinance," which 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 Page 1 of 7 - Packet Page-1591- OR 10/23/2012 Item 16.D.3. 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 Code Section 74-201, E.l.b. of the Impact Fee Ordinance, 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 consi- �t{io foregoing Recitals, and other good and valuable consideration, the recei E a'sufficiency o 'w .F ,'s hereby mutually acknowledged, the Parties covenant and agr 'e as�f"oliows7\--•-_--_-,,r- 1_,' , 1. RECITALS IN =O k C3 r - R o n -` ;cita s are true and correct and are incorporated by ref c�e,,he n ,-»r 2. LEGAL DESCR ; ON. The legal des. •ti• oe l dwelling unit and its site plan .-1 \ -lc /0 (the "Dwelling Unttf is attached as Exhib/ jand is incorporated by reference herein. ,.� `� (.- r,. 3. TERM. The term of this Agreement commences from the date the certificate of occupancy is issued for the Dwelling Unit until repaid. Repayment occurs upon the sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. 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 Page 2 of 7 Packet Page-1592- - --___ __ 01 10/23/2012 Item 16.D.3. 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 Six Thousand Nine Hundred Seventy dollars and 16/100 ($6,970.16), as set forth in attached Exhibit"B,"incorporated by reference; and e. In return for the COUN-W-deferring repayment of 100% of the impact fees owed,b'y 1Elt until'-nci flat r than the expiration of the TERM, ,: G s OWNER fu her...covenants and agrees o comply with the affordable housing impact ee de er%al. ual do cri ria detailed in the Impact Fee Ordi an b during t: e ot this gre ern 5. SUBSEQUENT NSFER; REPAYMENT If///('3 ' ER sells the Dwelling Unit which is subject toithtNimpact fee defer r' i to y �),sequent purchaser, the Dwelling Unit shall be sold only t to-., or househ9lds meeting the deferral qualifying criteria set forth in the Impact`Fee Ordinance. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. Repayment occurs upon the sale of the dwelling unit, refinancing of the purchase mortgage or at the loss of the homestead exemption. Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent(25%)of the total fee amount. 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 Page 3 of 7 Packet Page-1593- 10/23/2012 Item 16.D.3. 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 hen on the Dwelling Unit in the amount of Six Thousand Nine Hundred Seventy dollars and 16/100 ($6,970.16), 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-a1}l o he..SOUNTY'S lien rights and interests arising under this Agreeme�0,..71,- x -be considered i , inferior, and subordinate to each first mortgage on Ole $.ell.in Unit. Except . else here noted in this Agreement, / / i ---.~.---._ .. P and regardless o an fs r 91 si n'l rot • • • •ge r other security interest, such lien shall othe ise a upon d pa out e i \erest in the Dwelling Unit of an owner, less mort a ee or her 'ers xce t that this lien shall be on y g g `� P parity with any lie r ount taxes. �, P Y Y ��, Y �, , 8. RELEASE OF LIEN A;.:,[}(.��� on� sat.isfe� to' -z6ompletion of this Agreement's requirements, including payme[jnt-oy f--€he deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment, including,but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of OWNER 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 Page 4 of 7 Packet Page-1594- 10/23/2012 Item 16.D.3. Ordinance, and thereafter, fails to pay the impact fees due within thirty A (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. 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 sllatt*-paid in f'uII, . ER to the COUNTY within thirty (30) days df wnftetuiatification of said iriola 'on. f `?4--_ b. Should he . E R l�f--, , b- '• aul of this Agreement, and the default s n c red w th)L ` ' 9 i t 4 ■ys aft jr mailing of written notice to the O , the COUNTY"may 'rin L civil action to enforce the -) Agreemen .) c. In addition, le• 'lied.--m._aabe....fo 'o d, or otherwise enforced by the `rifir -E - , COUNTY, by action br-sui n°-law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. oftit Page 5 of 7 Packet Page-1595- i 0; 10/23/2012 Item 16.D.3. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses: OWNER: ' --)41/-ett-i- n Print Name LA e fSA' ett r Z 1....... ;E%�'i -v=() j t�1(.110464'y Denise D. Lounsbury AL , .. _/ 'AA!a Print Name , ,&e r,4 L Poivp5od STATE OF Fir/ ) COUNTY OF /0 II;d jz_ f✓ `1 /b' day of Jan The foregoing Agreement w is ,.. tor me this y January, 2006, by Denise D. Lounsbury. e,� a persona ?1thown to me or have provided /�,/ as identifica i:n. flat hvet.slany:L7,,,, L- , . [NOTARIAL SEAL] i ai; :r.0lk.w o T. 'ng Acknowledgment ` i'lr COLL t i'r'"C a , FLORIDA ----J i' V. MUDD, COUNTY MANA ER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this 31 ' day of January, 2006, by James V. Mudd, County Manager,on behalf of the COUNTY. is personall known to me. [NOTARIAL SEAL] Signature of Person T ' Acknowledgment Ap• ov , iv, o • -. ., , R mmend Approval lei: �s1i1� cy: 111�, 0.9-1 Jeflre ' ow Denton Baker,Director of Assis t ,unty Attorney Operational Support&Housing r „14,41:. Lauren J. Beard le„,—" Commission#DD159084 a: :,`_Expires:Oct 24,2006 Page 6 of 7 ',,i''a. : Bonded Thru g ' 4m�a`� Atlantic Bonding Co.,Inc . - .— — --- - Packet Page-1596- ( 10/23/2012 Item 16.D.3. oak EXHIBIT"A" LEGAL DESCRIPTION DENISE D.LOUNSBURY UNIT 404,BUILDING 3,BOTANICAL PLACE,A-C ?1 TDOMINIUM, 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 EE iR AKDOWN Type of Impact Fee r�r O-,. Amo nl, wed A. EMS Impact Fee 1...--<�. --,`\$93.0\ \ B. Correctional Facilities rtia tee �I� ,) 1 7,,.9$ C. Library Impact Fe rw j v..,.,_„.A., L..q,;.., $1,3 6 1-7 ice �d D. Community Parks I " at Fee4 8�As E. Regional Parks Impac e °ti, 49 �$ 3 F. Educational Facilities Systetn.Itnpa. t F�"s C� 827.00 G. Road. Impact Fee $2,662.00 H. Government Buildings Impact Fee $1 29.22 I. Sewer Impact Fee $2,010.00 TOTAL IMPACT FEES $6,970.16 PGW Approved I l 07/05 AdOk Page 7 of 7 Packet Page-1597- *** A 10/23/2012 Item 16.D.3. 1 4... J.r►.r .v. c,LJV "..... h_ .-. _... _ ..._____...■ —......-- , MI MC Am AREA ` .\i MESON[AKA 1.t INC ERO , UM ACM AyvWi, ,.... / k 90,1i. 1 0 Is i 1 ki I i Atli '-' 1 , 4:• qt.,. 1) —It 1 ..::: 1 2 0146 I i t -----------, i tll ' (01 :::i _,tr cry::.-• 1;i 1- LI'i'.1"r1.:,\2'i\4 0.1; 1I a ::1•a::7:;: d(ri ' a ,...„ . „...„ ,„ ,.. .., ., , A ..... _N. • 11 r, ,,, - .1 ; 2' INII-- aa 4. 1 i ' n GI, -.).,,,,, -,....4.... fr. -1 Li..1.111.1'8:, (-.-‘;'-' 1 ' '— ::::: .... Eial-0 :„... . . i :::: t -, n. :::: ttor_ ::::: Naha 1 1 A i ' 11, ii :::: is 1 gi -.IN��00 { os A. f 1 Brit l j e , j , I[II :::: _ v. v. L, m3 671711 il•r 4114 ms Ligis.- _:ail. I\' Eli, ra. pedliii, .. guilding 5 ... I .' PERMIT SET w 75 0 6-s 1 /1'5 W..ig, Dna {o gin r11 STOFFT i BOTANICAL PLACE GARAGES 1U !°8H L COONEY i BAYSHORE DRIVE =_ zt. timum mmm M y= _© ARCHcFECS LC " c%Lt dfl V ww.+a..a Na,swam -tad.rLN.War pm an Mt • aiav Wax two. -W,1 ACUM ••�•_•-•• __ — —- Packet Page-1598-