Agenda 09/27/2011 Item #16D3
9/27/2011 Item 16.D.3.
EXECUTIVE SUMMARY
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Recommendation to approve and authorize the Chairman to sign ODe (1) release of lien for defer.raI
of 100 percent of Collier County impact fees for owner occupied affordable housing dwelling .1IBitS
that have been repaid in full.
OBJECTIVE: 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.
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 of lien associated with this item.
Name
Lazaro J. Rodriguez and
Diana B. Cruz
Pa off Amount
$8,946.77
Public Record
OR Book: 4038
PG: 2018
FI~AL IMPACT: A total of $8,946.77 has been repaid to Collier County. The funds have been
deposited inthe appropriate impact fee trust funds.
GROWTHMANAGEMJNT IMPACT: There is no growth management impact associated with this
Executive Summary.
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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 majority vote. - JW
STAFF RECOMMENDATION: Approve and authorize the Chairman .to sign one (1) release .of lien
for deferral of 1 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
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9/27/2011 Item 16.0.3.
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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: 9/27/2011
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor.Housing, Human & Veteran Services
8/23/2011 1 :59:05 PM
Submitted by
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Title: SHIP Loan Processor,Housing, Human & Veteran Services
Name: DoriaPriscilla
8/23/2011 1 :59:07 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant.Domestic Animal Services
Date: 8/30/2011 8:54:59 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 9/7/2011 8:18:06 AM
Name: RamseyFrank
Title: Manager, Housing, Human and Veteran Services
Date: 9/13/2011 1 :37:30 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 9/14/2011 11:11:37 AM
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Name: WrightJeff
Title: Assistant County AttorneY,County Attorney
Date: 9/16/2011 12:46:42 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/19/2011 3:20:58 PM
Name: PryorCheryl
Title: Management! Budget Analyst, Senior,Office of Management & Budget
Date: 9/20/2011 2:11:09 PM
Name: OchsLeo
Title: County Manager
Date: 9/20/2011 2:23:00 PM
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9/27/2011 Item 16.0.3.
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9/27/2011 Item 16.D.3.
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Prepared by:
Priscilla Doria
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 3301 E.
Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement
executed by Lazaro J. Rodriguez and Diana B. Cruz to Collier County, recorded on 5/17/2006 in
Official Records Book 4038, Page 2018, 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:
Unit 205, Building 6, Botanical Place, A Condominium, according to the Declaration of
Condominium thereof recorded in O.R. Book 3933, Page 2655, of the Public Records of Collier
County, Florida.(4450 Botanical Place Circle, #6205, Naples, FL 34112)
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 .
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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
Approved as to form and
legal s iency:
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Jeff right
Assistant County Attorney
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Reba.. 10
3840177 OR: 403: 9/27/2011 Item 16.0.3.
mOIDID in omClli mOlDs of COLLIn mum, 'L
05/17/2006 at 08:0Ull DIIIGIl'! I. BlOel, mE
lie PI! 27.00
La...... Beard
CeWer CuDI)' OSH
2180 N. Hones..... DrIw
Napln, FL34I04
Retn:l.llJUI BIARD
OPlUnolU SUPPOR! Ir BOlJSIlG
2800 I IORSBBOI DR '400
RAPtIS lL 34104
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File# 06-005-IF
Tbls lpace for reconIIJIg
LIEN AGREEMENT FOR DEFERRAL OF 1000/. OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this {). j day of April, 2006, between Collier County, a
political subdivision of the State of Florida (COUNTY) and Lazaro J. Rodriguez & Diana B. Cruz
(OWNER), collectively stated as the "Parties."
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is mutually acknowledged, the Parties agree as follows:
1. This Lien Agreement is made pumlant to Chapter 74 of the Code of Laws and Ordinances of
Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the tenDS of the Ordinance
shall apply.
2. The legal description of the dwel . . .
3. The term of this Agreement' E e
4. The amount of the impa deferred shall be pal to e COUNlY in full upon: a) the
sale of the dwelling an . go e dwel' ~t; c) a loss of the homestead
exemption; or d) the , r ~ fer ~f any part of the affected real
property, and in any s ~ i act . ~e paid in full to the COUNlY
not later then the clos' ~ the sale, or not lat~en 1 e~tive date of the transfer. As set
ount of the de~'\J. fees is Seven Thousand. One
27 7t.>- epayment shall include any accrued
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interest. Interest shall be compu Ire five percent (5%) per annum, but in no
event shall it exceed twenty-five percent (25%) of the total fee amount.
5. The deferred impact fees shall be a lien on the property described in Exhibit "A," which lien
may be foreclosed upon in the event of non-compliance with the Ordinance or with this
Agreement. This Agreement shall operate as a lien against the dwelling unit. The lien shall
tenninate upon the recording of a release or satisfaction of lien in the public records of the
County. The deferrals of impact fees and this Agreement shall run with the land, and neither
the defe1Ted impact fees nor this Agreement shall be transferred, assigned, or otherwise
conveyed. Except as provided by law, regardless of any foreclosure on the first mortgage or
other security interest, this lien shall otherwise be superior and paramount to the interest in
the dwelling unit of any owner, lessee, tenant, mortgagee, or other person, except that this
lien shalLbe on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNlY shall record
any necessary documentation evidencing same.
7. In the event the OWNER is in default under the Ordinance or this Agreement, and the default
is not cured within 30 days after written notice is provided to the OWNER, the COUNTY
,may, at its sole option, collect the impact fee amount in default as set forth in the Ordinance,
or bring a civil action to enforce this Agreement, or declare that the deferred impact fees are
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9/27/2011 Item 16.0.3.
ttt OR: 4038 Pu: lUlU KKI
EXHIBIT" A"
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LEGAL DESCRIPTION
UNIt 265, BUILDING 6, 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.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee
A. EMS Impact Fee
B. CoITe<ltional Facilities Impact Fee
C. Library Impact Fee
D. Community Parks Impact Fee
E. Regiolla! Parks Impact Fee
F.
Amount Owed
1. Sewer Impact Fee
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$93.00
$117.98
$166.90
$561. 70
$560.68
$827.00
$2,662.00
$159.01
$2.010.00
G. Road Impact Fee
H. Government Buildin
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$7,158.27
JAK Approved _1__
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Co~er Count;y
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Public Services Division
Housing, Human & Veteran Services
9/27/2011 Item 16.0.3.
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August 11, 2011
To: Jeff E. Wright
Assistant County Attorney
Office of the Collier County Attorney
From: Collier County Housing, Human and Veteran Services Department
Priscilla Doria, Loan Processor
Re: Lazaro J. Rodriguez & Diana Barcelo Cruz File#06-00S-IF
4450 Botanical Place Circle #6205
Naples, Florida 34112
Recorded on 05/17/2006, OR Book: 4038, Page: 2018.
The payoff amount to satisfy the above mentioned property owner's lien with Collier County is:
58.946.77. This lien was subject to an interest rate of 5% per annum, but not to exceed twenty-five
percent (25%) of the total fee amount.
Impact Fee Deferral
Accrued interest
$7,158.27
$1.788.50
$ 8,946.77
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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, Bid H, Suite 211,
Naples, FL 34112
If you wish to have us record the satisfaction, please include a check in the amount of $10.00
made payable to the Collier County Clerk of Court. This must be a seDarate check.
Thank you,
p~ Z'Mia
Priscilla Doria, Loan Processor
(239) 252-5312-phone
(239) 252-6518-efax
Housing, 0
Human and
Vetera~~ervices
of Conler County
3301 East Tamiami Trail- Health Building' Naples, FL 34112
239-252-CARE (2273) . 239 252-HOME (4663). 239-252-CAF~ (??~~\. ?~Q_?"?_R~VP (7787) - 239-252-VETS (8387) - www.colliergov.netlhumanservices
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PURPOSE/REMITTER:
~bank
CASHIER'S CHECK
9/27/2011 Item 16.0.3.
No. 9256503514
93-3~
929
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DATE: AUGUST 12, 2011
PAY EIGHT THOUSAND NINE,HUNDRED FORTY SIX DOLLARS AND 77 CENTS
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(,0~, ' " {'S' 8946.77\'
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CO.LIERCOUNTY'B0AR150F. COUNTY'COMMIS'SIONERS
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Location: 925695TH STREET
NON NEGOTIABLE
U.S. Bank NIlioDAl Asooc:ilIlion
twliaDoapoIj.. twiN S54lIO
AUTHORIZED SIGNATURE
HARLAND CLARKE 2(1745 (00/101 10517263
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DATE: AUGUST 12,2011
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PAY
EIGHT THOUSAND NINE HUNDRED FORTY SIX DOLLARS AND 77 CENTS
$ 8,946.77
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TO THE
,.-., ORDER OF: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
?URPOSE/REMITTER:
Location: 9256 95TH STREET
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U.S, Baok NIIliooa1 Asooc:iatioo
Minnoapolis, MN S54lIO
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9/27/2011 Item 16.0.3.
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Memorandum
From:
Paula Fleishman, Impact Fee Coordinator ~
Jeff E. Wright, Assistant County Attorney V
August 15, 2011
To:
Date:
Subject:
Lazaro Rodriguez impact fee deferral- payment in full (case no.10-2667-CA)
Attached please fmd a check (US Bank cashier's check no. 9256503514)in the amount of
$8,946.77, representing payment in full of the impact fee deferral recorded at O.R. Book 4038,
Page 2018.
Please be advised that you may wish to file a release of lien. There is no legal requirement to do
so. In short, the lien was inadvertently foreclosed by the bank without proper notice to the County,
so there's a judgment saying that the lien has been foreclosed and is no longer in effect. Therefore,
it's arguable whether a release is required, as the public record reflects that the lien is no longer in
effect. In the event you wish to go forward with a release, we are happy to assist with legal review
of the release. Let me know if you need additional information. Thank: you.
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enclosures
cc: Jeffrey A. Klatzkow, County Attorney
Frank Ramsey, Housing Manager
Amy Patterson, Impact Fee Manager
Office of the Collier County Attorney
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9/27/2011 Item 16.0.3.
Official Receipt - Collier County Board of County Commissioners
CDPR1103 - Official Receipt
Trans Number
990307
Date
8/1612011 8:36:53 AM
LAZARO RODRIGUEZ
BOTANICAL PLACE, UNIT 205, BLDG6
Payor: US BANK/LAZARO RODRIGUEZ
Fee Code
09PDFM
09EDMF
09JDFM
09LBDFM
09DFM2
08SBDM
09GBDFM
09SDFM
Pa ment Code
CHECK
Descri tion
PARKS DEFERRAL PAYOFF M1F
EMS DEFERRAL M/F PAYOFF
JAIL DEFERRAL PAYOFF M/F
LIBRARY DEFERRAL PAYOFF M/F
ROAD DEF PAYOFF M/F D2
SCHOOL DEFERRAL PAYOFF M/F
GB DEFERRAL PAYOFF MIF
SEWER M/F DEFERRAL PAYOFF
Account/Check Number
9256503514
Memo:
Impact fee deferral payoff - OR4038 PG2018.
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Post Date
8/1612011
Nbr
Amount Waived
$1402.81
$116.24
$147.46
$208,60
$3327.09
$1033.63
$198.74
$2512.20
$8946.77
Amount
$8946.77
$8S:~:~~ I
$8946.771
Cashier/location: KATHLEENVANSICK / 1
User: FLEISHMANPAULA
Printed:8/1612011 8:40:37 AM
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Fee Information
GL Account
34611636332410331346
35014047032410331350
38111043032410331381
35515619032410331355
33316365332410331333
11300000020905000000
39012223132410331390
00213877032410300000
Total
Payments
Total Cash
Total Non:'Cash
Total Paid