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Agenda 06/28/2011 Item #16D 3 6/28/2011 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 unit that have been repaid in full. OBJECTIVE: Approve and authorize the Chairman to sign one (I) release of lien for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling unit. 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 release oflien associated with this item. Name Pronert\" Address I Assistance Provided ! Public Record I Freeman and Freeman, Inc. 303 Calle Amistad Stree~ $19,305.88 I OR Book: 4334 I PG: 1285 I Immokalee. Florida 34142 FISCAL IMPACT: A total of $19,305.88 has been repaid to Collier County. The funds have been deposited in the appropriate impact fee trust funds. GROWTH MANAGEMENT IMP ACT: 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 vote. - JW ST AFF RECOMMENDATION: Approve and authorize the Chairman to sign one (1) releases of lien for deferral of 100 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 -840- 6/28/2011 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 unit that have been repaid in full. Meeting Date: 6/28/2011 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor.Housing. Human & Veteran Services 6/2/20] 1 9:09:49 AM Submitted by Title: SHIP Loan Processor, Housing, Human & Veteran Services Name: DoriaPriscilla 6/2/20]] 9:09:50 AM Approved By Name: AlonsoHailey Title: Administrative Assistant.Domestic Animal Services Date: 6/2/2011 9:36:49 AM Name: KrumbineMarcy Title: Director - Housing & Human Services.Housing. Human & Veteran Services Date: 6/3/2011 11:12:54 AM Name: RamseyFrank Title: Manager, Housing, Human and Veteran Services Date: 6/3/2011 I :26:52 PM Name: WrightJeff Title: Assistant County Attorney.County Attorney Dme:6/l0/20113:12:16PM Packet Page -841- 6/28/2011 Item 16.0.3. Name: RamseyMarla Title: Administrator, Public Services Date: 6/13/2011 1:19:51 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/16/2011 11 :01:17 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/21/201] 9:53:03 AM Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs.CMO Date: 6/21/2011 10:05:56 AM Packet Page -842- 6/28/2011 Item 16.0.3. c~~ County l:::..... ~..- - - Public Services DMsion Housing, Human & Veteran Services April 19, 2011 To: Jewel Stone Title Attn: Brad From: Collier County Housing, Human and Veteran Services Department Priscilla Doria Re: Freeman and Freeman, Inc. File# 08-119-IF 303 Calle Amistad Street Immokalee, FL 34142 Recorded on 02/29/2008, OR Book 4334, Page 1285. Dear Brad, The payoff amount to 5C1tisfy the above mentioned property owner 5 lien with Collier County is: $19,305.8&. Impact Fee Line payoff Interest $19,305.88 $ 0 $ 19,305.&8 Payment should be made to .Collier County Board of County Commissioners" and delivered to: Collier County Housing, Human and Veter-an Services Attn: Priscilla Doria 3339 Tamiami Trail E, Bid H, #2E Naples, FL 34112 Please contact me if you should have any questions 239-252-5312. Thank you. 'Ai4dffa Z'D'lia., LoaK ~ Housing, ;... Human'andU Veteran.Services ....-.III COllter(,;ol,irll;- 3301 East Tamlami Trail' Health Build;",,' ~aDles Fe 34~12 239.252.cAAE (2273) '239 252-HOME 14663)' 239.252.CAFo (2233)' 239.252-RSVP'(7787)' 239.252.VETS 18387)' WYNI.coIIiergov.net/tlUfnanseMces - Packet Page -843- I'f~ i i I .. ru 0 '"" I , - ! .... .... .. , .. 0 IT" " '" I 0 0 "" -.J I -.J ~ .. if c C .JJ l ..n 0 0 ~ .... .JJ . .~ 0 ~ lP t !;, :i} .~ ~ [ " ',' f t" ~ . ~ , ~; it , ..::l'Ir JjjWf rr;--" 1 I i , i t Ie i ; t ~ J ~' . $ ~ ~ N . , ~ (::) f (;J r~ .p,. , ...... . , '-' ~, i ;; Packet Page -844- 6/28/2011 Item 16.0.3. 6/28/2011 Item 16.0.3. I , \vVJ ....~. 413410B OR: 4334 PG: 1285 RlCORDBP In omem OCO!IlS of COLLIll CGUm', PL 02/19/2001 at 02:50PM DWIGHT !. BlOCI. CL!!I oem toms 21.00 3.00 F1'W_~ HHS >>a1 t:T___ITnll N.....FL,M1U- File/l 08-lI9-IF Rete: CLBRI '0 TH! BOARD rmROmC! 4TH !LOOR no_.J1U]1l LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL Of 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING ?LlNG UNITS This Agrcemenl is catered into thiS'2!.:: da)' of January. 2008, between Collier County. a political subdivision of the State of Florida (COt.JNTY) lUld "Freeman and Freeman. Inc." (DEVELOPER). collettively sw.:d as the -Partie,." NOW, THEREFORE. for good and valuable consideration, lne receipt BIId suflicicney of which is mutually acknowledged, the Parties agree as. fullows: 1. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances. of Coilier Count)'. F\orida.. known as -The Collier County Consolidated Impact Fee Ordinance- (Ordinance). In the evenl of an~enc the u:rms of the Ordinance shall Ol'1'ly ~\-;~.r\;>:- 2. The legal descriPliOrf ong uni' i, attached as ~~" 3. The term of this A . 'ssuance of this A~en'" until six (6) months after isSUBllceoftltecer{r.""'f/or ~~gunil(S\ \ 4. The amount Ofthf il 5 M' in full upon the sale of the d~mng unit"), es the . i Id HfUSJ.,r-:.~ m....ing lh~ ~teTi~ set forth 10 the Ordioim3,. 1m y de . JJ;;./fOrth In E:ll:hlblt "8. . the amount of the det~\mpact fees is Nine1een~U~ T~1und.-ed Five and 8&1100 Dollars IS19 305.881<'1' \", 1i.J //"O 5. The deferted impact ~i'" . a lien on the pro \~~ in Exhibit "A: which lien may be foreclosed upon l~.~ -t. ~ with the Ordinance or with lhis Agreement This Agreement s.hal ' . "nsf th: dwelling uniUs). The lien shall terminate upon the I'CCOrding of a release or smisfil:ct:ion of lien in tbe public records of the Cuunt)'. The deferrals of impact fees and this Agreement shali run with the land. and neither !.h:: dcfCt't"':d impact fees nor this Agreement shall be transferred. assigned, or otherwise conveyed from, Except as provided by law. regardless of any foreclosure on tin: first mortgage or other security interest. lhis lien shall otherwise be superior and paramouot to the: interest in the dwelling unit of any owner. lessee, tenant mortgagee. or other penon. except that this lien shall be on parity with any lien for County taxes. 6. Upon the salisfactory completion of this Agreement's reauirements, COUNTY shaJl record any necessary documentation evidencing same, including, but not limited to. a full or J)8ltiaJ release ofJicn. 7. In the event the DEVELOPER is in default under the Ordinance or thi~ Agreement. and the defauh is not cured withir. 30 days. after written notice is provided to the DEVELOPER.. 1I delinquency fee equal to ten percent (10%) of the total impact fee im?Os.ed shall be assessed, and the COlTNTY may. at il~ sole option. collect the impact fee amount in default and assessment ~, set forth in the Ordinance, or bring a civil actior:. to enforce this Agreement. or Page lof2 Packet Page -845- 6/28/2011 Item 16.0.3. OR: 4334 PG: 1286 declare that the defc:rred impact fees are then in default and immediately due and payable. The COUNn' shall he entitled to recover all fees and COSts, including a.!tot'ne)"s fee and costs. incurred by the COUNTY in enforcing this Agreement, plus interest at the then maximum statutor~,' rate for judgments calculated on a calendar day basis. until paid. DEVELOPER will sell the unit to persons whose legal status wlll be verified, documented and kepi on file at 1he office of Housing and Human Services. If the developer fails tv comply with the terms of \he; agreement. or the unit ceases to Oe utilized for affordable housing. or is not sold to legal residents., the full amount of deferred impact fees shall be immediately repaid to the County. including all applicable interest end penalties. 8. This Agreement ili the sole agreement between the panies with respect to the subject maner herein. and shall be binding upon the DEVELOPER'S successors and assigns in irnc:rc:st. 9. This Agreement shall be recorded in the official records of the County at no cost to the COUNTY. IN WITNESS WHEREOF. !he Parties have executed this Agreement on the date and year first above written. AtteSt; DWIGHT E. BROCK. Clerk SJONERS By, le~ STATE OF FLORIDA COUNTY OF COLLIER Tne foragoing insuumcntAgr=mcm WHo'> acknowledged before: me this ~ day of JanU8J')', 2008. b~: Ernest Freeman as Jtresident for Freeman and Freeman. Inc. who is personaliy known to me or has produced p,e....,~ identification. /) [NOTARIAL SEAL; ~JI."'-'~ 'i11.. ~ (Signarure of~otal{ Publlc) I i/{~"":JI?....C- r /l1, (Prim Name ofNolar)' Public) I !.. -e... MARGARET M. LEE NO't.wr 1"IaJC. 8f"A11! 01" I"l.OIIllDo\ "OIoOMISSION. 003051 12 EXPIRes 6i28I2IlO8 1ICMJE'DTMIO'............,.,,.pv. Z= d approval'r I ~. .~~,- Marcy Krumbine. Director of Housing &:. Human Services Page 2 of.:! Packet Page -846- EXHIBIT~A" 6/28/2011 Item 16.0.3. *** OR: 4334 PG: 1287 *** LEGAL DESCRIPTION _033, r_ip<<is, Raqe19Ec-m NEC,ofLot:r.o Bo..29 N_Ma.....t50..... Tb....NELV.1& N U .rEKaaabil.St., E....dcd 10 II to E Bely Li.fMadiseo Ave '0 POB, T"etllte" N Bdy 1.1 ofEsc::a__ 300~ NWLY &.. PareD wlda MaditOD Aye 500ft to S Li of FIocet' 51, Est, SWL V .Il: E Bdy Li .f FIICe' 51. 300 II to intene.. of FllIC'" 51, .. Mldiso. Ave. SELV otc E Bely Li ofMlIdilloa A.. 500ft to NLYBdy Li ofEKambi. to POB.IeuOR mn~~mn~~m~_~m~~~m"~~m"~ OR 374 pg304,OR316 ~ 161, OR 402 pcSlo-Sl1. OR 402 PC SOS. OR 402 ~493-494. OR 402 PC 41'-481. OR 567 PC 799. CoJljer Couaty, Florida. STR.EET ADDRESS 30J Calle AJais\1ld Street, 1..__ F10ridl 34142 EXHIBIT ~B" IMPACf FEE BREAKDOWN Type .r I..pad F.. A. EMS Impact Fee B. COfTC:Ctional FacW t C. Libnt1y Impact lee D. CommW1ity Pkks I I E. Regional per~ F. Edueation.l F :!IiI.i G. Rood Impact F~\ H. Goyernment Buil 1. JA"~_:_'_ AIIIOIlDt Owed SlOO.59 $144.58 S46Q.23 $935.00 $2.068.00 $8.228.00 $6.359.00 $725.00 $185.48 S19,305J18 Packet Page -847- 6/28/2011 Item 16.0.3. Prepared by' Priscilla Doria Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiarni 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 3301 E, Tamiami Trail, Naples, Florida 34H2, the oWller(s) and holder(s) of a certain Impact Fee Agreement executed by Freeman and Freeman, Inc. to Collier Connty, recorded on 2/2912008 in Official Records Book 4334, Page 1285, 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: Section 33, Township 46S, Range 29E, COMM NE Cr of Lot 20, Blk 29, New Market Subdivision, of the Public Records 01 Collier Connty, Florida.(303 Calle Amistad Street, Immokalee, FL 34142) 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 .201 I. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, CHAIRMAN , Deputy Clerk form and i1M' Packet Page -848-