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Agenda 04/12/2011 Item #16D3 4/12/2011 Item 16.0.3. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units that have been repaid in full. OBJECTIVE: Approve and authorize the Chainnan to sign one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units. CONSIDERATIONS: 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 oflien associated with this item, Name Property Description Assistance Provided Public Record Habitat for Humanity of Lot 39, Charlee Estates $13,149.98 OR 3531, PO 3764 Collier County, Inc. FISCAL IMPACT: A total of $13,149.98 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 item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. This item requires a simple majority vofe. - JW STAFF RECOMMENDATION: Approve and authorize the Chainnan to Sib'll one (I) release oflien for deferral of] 00 percent of Collier County impact fees for owner occupied affordable housing dwelling units. PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services -- Packet Page -1992- 4/12/2011 Item 16.0,3. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3. Item Summary: Recommendation to approve and authorize the Chairman to sign one (1) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling units that have been repaid in full. Meeting Date: 4/12/2011 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Services 3/15/20113:19:35 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Services Name: DoriaPriscilla 3/15/201 13:19:37 PM Approved By Name: RamseyErank Title: Manager, Housing, Human and Veteran Services Date: 3/16/201110:17:25 AM Name: AlonsoHailey Title: Administrative Assistant,Domestie Animal Serviccs Date: 3/16/20114:18:30 PM Name: AckermanMaria Date: 3/22/2011 2:00:20 PM Name: KrumbineMarcy Title: Director - Housing & Human Services,Housing, Human & Vetcran Services Date: 3/23/2011 10:45:44 AM Name: CarnellStcve Packet Page -1993- 4/12/2011 Item 16.0.3. Title: Director - Purchasing/General Services,Purchasing Date: 3/25/2011 7:08:44 AM Name: EoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 3/25/201 I 7:58:33 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 3/28/2011 9:03:41 AM Name: RamseyMarla Title: Administrator, Public Services Date: 3/30/201 I 4:09:30 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/1/2011 8:51 :34 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/4/201 I 12:37:29 PM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 4/4/2011 2:33:31 PM Packet Page -1994- 4/12/2011 Item 16.0.3. Prepared by: Priscilla Doria Collier County Housin~ Iluman & Velcrans Services Dcpt 3339 E. Tamiami Trail, Building li #211 Naptes. FL 34 t 12 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3301 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 3/31/2004 in Official Records Book 3531, Page 3764, of the Public Records of Collier County, Florida, hereby 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 39, Char\ee Estates, A Subdivision, as recorded in Plat Book 40, Pages 49 and 50, of the Public Records of Collier County, Florida.(14666 Apalachee Street, Naples, FL 34114) 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 , 2011. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: By: , Deputy Clerk FRED W. COYLE, CHAIRMAN A pproved as to form and legal, stff1;iciency: ,~."",.:...,,--~~----_. Jeff E.. Wright As"s;stant C:'umy Attorney Packet Page -1995- '~~~~b~!i~i~ .,.:.,~- 4/12/2011 Item 16.0.3. 'I',NAPLES;,RORI ,JI/~> _ \'-~""'.^'i.!P.?~v'" "-."".,\1 ~ ~~;:~.-:;.' ~ :;(f~;:';~~:;f~;;~l:c~ll)~~' ~ HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 15195 Collier Co. Board of County Commissioners 4/2812010 1300,00' LEASED & REPO HOUSES:13 HS #871 Velecela 14666 Apalachee Street RECEIVED Packet Page -1996- 13,149.98 ~elP1-4 ~.~ \9\- \ \'5tf2-U ~~ 'Ve.-\~te-\o ::t~~-S. ....J>III""dby: 4/12/2011 Item 16.0.3. 3370472 OR: 3531 PG: 3764 ucaoo in allICIn ucaRDS of comn coum, rL 03/31/2004 at 10:5!1I DIIGIf I, BIOCI, CLlII IIC rn 37.50 ^ \) Patrick G. While Ass't. Collier County AU'y. 3301 TamIaml Trag Eost N.pI<o. FL 34112 RetD: rIWCIlI. lIIIIl , SOUSIBG ImROrrICI ATTI: LA01IJ BIllD("3-2331) Filet 04"()39-IF This Splitt for recorcliac AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING. stated as the "panies." March, 2004 by and between Habitat for Humanity of C Ili 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 Packet Page -1997- 4/12/2011 Item 16.0.3. OR: 3531 PG: 3765 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 74-201, E.l.b. of the Impact Fee Ordinance, as codified in tbe County's Code of Laws and Ordinances (Code of Laws), the County Managec is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER entec 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 . ~ ~ Housing. .. ;\v~0~~ NOW, THEREFO l~Side~tiOn of the r~g Recitals, and other good and valuable consideration, the tit ~P~~y-6f\WhiCh\~S fu:reby mutually acknowledged, the Parties covenant and agte..e i ~ n "I) \\1\ 1 I. RECrr ALS IN~~ I'ilJ go~eb~ are true and correct and are Ie-\ ''[, I /~/ incorporated by re~r~nce herein. ..Jk i / ...) I \ ~ \ "1.1':f" / / l.......... / 2. LEGAL DESCRrM-~ . The legal deSCriP~~ biA;e dwelling unit and its site plan , );., ~,\:/ (the "Dwelling Unit") is'~liYA," and is incorporated by reference herein. 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 foc 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 2 Packet Page -1998- 4/12/2011 Item 16.0.3. OR: 3531 PG: 3766 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 $13.149.98, 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. . ~ ater than the expiration of the TERM, ~y N OWNER covenants an ~~to comply with the affordable hoOUd'; / ~~' 1~\'ri' """101 in oh, .."", F.. r mance, en\ 5. SUBSEQUEJ, , Is; ,N . If:- R sells the Dwelling Unit which is SUb~~~,~\~mpact fee defe . ~o fa s ~ uent purchaser, the Dwelling Unit shall be so~~\ to persons or h6~ ~meeting the deferral qualifying ~O~ _.. ~-<~7 criteria set forth in the)~ l~~the case of sale or transfer by gift of the Dwelling Unit. the original f;iER 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. 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 unti I paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Thirteen Thousand 3 Packet Page -1999- 4/12/2011 Item 16,0.3. OR: 3531 PG: 3767 One Hundred Fortv-Nine dollars and 98/1()() ($13,149.98). 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 COUNfY and OWNER agree that by, and in consideration of a suitable security coIlateral 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 o~R~Dant, mortgagee, or other person, except that this lien shall be. 'with any lie nty taxes. /L <'~\ 8. RELEASE OF tIE .~tory o~]etion of this Agreement's requirements, iniLlurr~ f ~i dff'i?pa~t fees. the COUNTY shall, at the expense of \~ I:t~ ~y ne e~arfF!!ocumentation evidencing such payment, includi~~t not limited to, a 'R;~as~ Of/Ji/ \::1:;\ --;~ / /0/ 9. BINDING EFFEC1>fThis Agreement shall ~Ivthe land and be binding upon the " 0'-... A"-7 Parties to this Agreem~I1h~. ',"'" 'tssPt.(and assigns <!.71F'rCY'lW ~,/ ~~ , =---- 10. RECORDING. This Agreement snarr1ie recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agrcemcnt by the County Manager. II. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immcdiately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance 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 plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 Packet Page -2000- 4/12/2011 Item 16.0.3. OR: 3531 PG: 3768 of Laws Section 74-501, B. 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. 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 provisi ~ ' . ment, then the dollar amount of impact fees deferre~ ~~ ER to the COUNTY within thirty (30) days 6f w tteu uutiGcation...';ltsaid y' Ia. ll~n. b. ShOUld/he .. aUI\ of this Agreement, and the the 0 ~~: the COUNTY ~ ~ri:l~ civil action to enforce the '~1~ ) ~ Agreemen~ 4- '-,1 . C c. In addition~ 0 ~erf _, .ert~ or otherwise enforced by the , t~,- -JE CIR\.....::: COUNTY, by action ~~ 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. 5 Packet Page -2001- 4/12/2011 Item 16.0.3. OR: 3531 PG: 3769 IN WITNESS WHEREOF, the Panies have executed this Agreement on the date and year first above written. Witnesses: e.. STATE OF FLORIDA) COUl'I'TY OF COLLIER) The foregoing Agreement w Samuel J. Durso, M.D., Presiden ~ known to me. GC [NOTARIAL SEAL l \...~_~ /G ,~:~_ a lean Sm~h (,[\I lS, !-o'N'-1 MYCOMMlSSION, D01l?l99JERE4 } I ....' . , AugU>t 1 20(J6 '"' \ ' "- ~;.;.'~.\' !IONOeon4i!UTroY~~IHSUIA ~ \ <;"" \, \~\\ COLLIER COUNTY. FLORl%\ \~" B ...... ,,-I~/,, ' ',- -", .\!' ""'!. 11 [:." r- It<. // ---- ..~ '--. -- '-- efore me this 25th day of March, 2004, by f Col 'er County, Inc.. He is personally ;.;.\ ~?/~ D, COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before mc this ~ay of ~..~ L , 2004. by James V. Mudd, County Manager, on behalf of thj' COUNTY. He is person ly known to mc. { [NOTARV\L SEAL] ."';:;""" Lauren J. Beard /i'.<.'~~" Commission #DD 159084 ~;. \:J.:;g Expires: Oct 24, 2006 --.;IiDi")(./ BondQjTnru roved as to i~~' anJ'tialltlC Bondmg Co.. lne suffi SignatUre of Perso Acknowledgment Patrick G. hitc Assistant County Attorney Recommend Approval Lto1j~ Financial Administration & Housing 6 Packet Page -2002- 4/12/2011 Item 16.D.3. OR: 3531 PG: 3770 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 39, Charlee Estates, A Subdivision, as recorded in Plat Book 40, Pages 49 and SO, of the Public Records of Collier County, Florida. EXHIBIT "B" Type of Impact Fee A. EMS hnpact Fee B. e. D. E. F. Road hnpact Fee G. Water hnpact Fee H. Sewer hnpact Fee $2,950.00 TOTAL IMPACT FEES $13,149.98 PGWForrns&Agnx:mentslAffHsgnllOO% DefeTTJ.! Agreement (030703 1100) 7 Packet Page -2003-