Agenda 12/13/2011 Item #16D 412/13/2011 Item 16.D.4.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign two (2) releases of lien for
deferral of Collier County impact fees for owner occupied affordable housing dwelling
units that have been repaid and authorize refund of overpayment in the amount of $23.52
to Tropical Title Insurance Agency Inc.
OBJECTIVE: To approve and authorize the Chairman to sign two (2) releases of lien for deferral
of Collier County impact fees for owner occupied affordable housing dwelling units that have
been repaid and authorize refund of overpayment in the amount of $23.52 to Tropical Title
Insurance Agency Inc.
CONSIDERATIONS: The funds deferred for the construction of two (2) owner occupied
affordable housing dwelling units have been repaid in conformance with the assistance provided
and releases of lien are needed. Furthermore, the funds received to satisfy the assistance
provided were greater than the amounts owed and a refund is required. The following table
contains the details of this transaction.
Client
Official Record
Amount
Owed
Amount
Paid
Refund Due
Melanie F. Burns
OR Book: 4038, PG: 2024
$15,329.74
$1.5,353.26
$ 23.52
Habitat for Humanity
OR Book: 2935, PG: 0779
$7,698.82
$7,698.82
$0
FISCAL IMPACT: A total of $23,052.08 has been repaid to Collier County. Of this total amount,
$23,028.56 was due and $23.52 was paid in excess of amounts owed. The funds have been
deposited in the appropriate impact fee trust funds.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
Board action. -JW
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this Executive Summary.
RECOMMENDATION: To approve and authorize the Chairman to sign two (2) releases of lien
for deferral of Collier County impact fees for owner occupied affordable housing dwelling units
that have been repaid and authorize refund of overpayment in the amount of $23.52 to Tropical
Title Insurance Agency Inc.
Prepared By: Kimberley Grant, Interim Director, Housing, Human and Veteran Services
Attachments: Payoff check(s), payoff letter(s), Impact Fee lien agreement(s)
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12/13/2011 Item 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.4.
Item Summary: Recommendation to approve and authorize the Chairman to sign two (2)
releases of lien for deferral of Collier County impact fees for owner occupied affordable housing
dwelling units that have been repaid and authorize refund of overpayment in the amount of
$23.52 to Tropical Title Insurance Agency Inc.
Meeting Date: 12/13/2011
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Services
10/28/2011 10:57:15 AM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Services
Name: DoriaPriscilla
10/28/2011 10:57:17 AM
Approved By
Name: NelsonTona
Title: Administrative Assistant, Senior,Parks & Recreation
Date: 11/2/2011 1:46:08 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 11/13/2011 1:03:32 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 11/15/2011 11:01:51 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 11/15/2011 1:16:33 PM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 11/18/2011 3:39:44 PM
12/13/2011 Item 16.D.4.
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 11/21/2011 10:00:00 AM
Name: SheffieldMichael
Title: Manager- Business Operations, CMO
Date: 11/22/2011 11:19:19 AM
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12/13/2011 Item 16.D.4.
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 3299 E.
Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Agreement
executed by Melanie F. Burns to Collier County, recorded on 5/17/2006 in Official Records Book 4038,
Page 2024, 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 17, Bristol Pines, According to the map or plat thereof, recorded in Plat Book 43, Page 78, of
the Public Records of Collier County, Florida.(7530 Bristol Circle, 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 , 2011.
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 sufficiency: ;
Jeff,E.,Wright
Assistant County Attorney
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12/13/2011 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 Habitat for Humanity of Collier County, Inc. to Collier County, recorded on 12/03/2001
in Official Records Book 2935, Page 0779, 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 1, Block A, Habitat Village, according to the Plat thereof as recorded in Plat Book 37, Pages 48
through 51, inclusive, of the public records of Collier County, Florida. (12024 Sitterley Street,
Naples, FL 34113)
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
, Deputy Clerk
Approved as to form and
legal su iency:
Jeff . W ght
Assis ounty Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
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12/13/2011 Item 16.D.4.
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12/13/2011 Item 16.D.4.
Co Wer County
Public Services Division
Housing, Human & Veteran Services
August 12, 2011
To: Tropical Title
Attn: Simone Phillips
From: Collier County Housing, Human and Veteran Services Department
Priscilla Doria
Re: Melanie F. Burns File# 06- 098 -IF
7530 Bristol Ciicle
Naples, FL 34120
Recorded on 03/17/2006, OR Book: 4038, Page: 2024
The payoff amount to satisfy the above mentioned property owner's lien with Collier County is:
15 329.7. This lien was subject to an interest rate of 5% per annum, but not to exceed 25% of the
total fee amount. The per diem is S1.68 per day.
Impact Fee Line payoff $12,263.74
Interest 3 066.00
$ 15,329.74
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
made payable to: Col
Thank you,, e�
�7G CA4 dlte L
Priscilla Doria, Loan F
(239) 252 - 5312 -phor
(239) 252- 6518 -efax
239- 252 -CARE (2273) • 239 252 -H0ME
the satisfaction, please include a separate check in the amount of 10.00
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.�_.� Vett-.ran ,5er��ices
Cf inn. iiK!: C:Wnly
3301 East Tamami Trail • Health Building • Napies. FL 34112
• 239- 252 -CAFE (2233) • 239.252-RSVP (7787). 239- 252 -VETS (8387) • wvwr .coiliergor.net/humanservices
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` 3840179 OR: 40 12/13/2011 Item 16.D.4.
RICOIDED in OPPICIAL RECORDS 01 6ukbiaL wUNT3, It
05/11/2006 It 08:04M DWIGHT 1. BROC1, CLLR[
Return a TIC fit 21.00
Lauren Board - Aetn:LAOREE BIARD
Collier county OSH OPIUTIOEAL SUPPORT 4 HOUSING
28011 N. Horseshoe Ddve
1Vapite, FL 34104 2100 11018101 DR #400
MIS TL 34104
File# 06- 098-IF
This spate for recording .
LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT
FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS
This Agreement is entered into this _q u' ay of May, 2006, between Collier County, a political
subdivision of the State of Florida (COUNTY) and Melanie F. Bums (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 pursuant to Chapter 74 of the Code of Laws and Ordinances of .
Collier County, Florida, known as "Me Collier County Consolidated Impact Fee Ordinance"
(Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance
shall apply.
2. The legal description of the dwelli l$ shed as Exhibit "A."
3. The term of this Agreement' atee se ve until the impact fee is repaid.
4. The amount of the imp deferred shall be pai to e COUNTY in full upon: a) the
sale of the dwelling t; / th an ' o dwel 'ng 't; c) a loss of the homestead
exemption; or d) the rstj r er f any part of the affected real
property, and in any , ! act s i e paid in full to the COUNTY
not later then the closi ` e sale, or not lat en a 've date of the transfer. As set
forth in Exhibit "B," th' unt of the defers fees is Twelve Thousand Two
Hundred Six -Three doll epayment shall include any accrued
interest. Interest shall be compu o five percent (5 1/6) 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
terminate 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 deferred 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 shall be on parity with any lien for County taxes.
6. Upon the satisfactory completion of this Agreement's requirements, COUNTY 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
Packet Page -2441-
OR; 403 12/13/2011 Item 16.D.4.
then in default and immediately due and payable. The COUNTY shall be entitled to recover
all fees and costs, including attorney's fee and costs, incurred by the COUNTY in enforcing
this Agreement, plus interest at the then maximum statutory rate for judgments calculated on
a calendar year basis until paid.
S. This Agreement is the sole agreement between the parties with respect to the subject matter
herein, and shall be binding upon the OWNER's successors and assigns in interest.
9. This Agreement shall be recorded in the official records of the County at no cost to the
COUNTY.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year
first above writkn.
O
Wi es:
Print Name 'Melanie . Burns
Print Name (,U
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement me this q_ day of May, 2006, by
Melanie F. Bums, who is peiso own to rue o FL, pr,,,, L as
identification
[NOTARIAL SEAL] 1 / , - ` � , �— -�- J
Lauren J. Beard
` ? cammissionRDD159o84
a ExPb=: Oct 24 2006
ld
% w Boed Thru
Atlmtie lading Co., rm.
(Print
Comr
my
, FLORIDA
Y MANAGER
STATE OF FLORIDA JAMES V. MUDD, COUNT
COUNTY OF COLLIER �A
The foregoing Agreement was acknowledged before me this Jr day of May, 2006, by
James V. Mudd" County my Manager, on behalf of the COUNTY, who is personally known to me.
(NOTARIAL SEAL]
(Sign of N blic)
Lauren J. Beard
Commissim gDD t 59084
Expires: Oct 24, 2006 rn �d
.. Be,r,d nr„ (Fruit Name of Notary Public)
� "1; Atl.meBanding cc, Inc, Commission Number.
My Commission Expires:
A to form and R mmend approval:
leg cy
le A. w Denton B er, Director of
kssis t ounty Attorney Operational Support & Housing
Packet Page -2442-
* ** OR: 4031 12/13/2011 Item 16.D.4.
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 17, BRISTOL PINES, ACCORDING TO THE MAP OR PLAT THEREOF
RECORDED IN PLAT BOOK 43, PAGE 78, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee Amount Owed
A. EMS Impact Fee S93.00
B. Correctional Facilities Impact Fee $ 1 17,98
C. Library Impact Fee $226.54
D. Community Parks Impact Fee $561.70
E. Regional Parks Impact Fee $560.68
F. Educational Facilities System Impact Fee $527.00
G. Road Impact Fee �I COO $3,731.00
H. Government Buildings Fee $176.92
I. Law Enforcement I,a F $83.92
J. Water Impact Fee $2,760.00
K. Sewer Impact n r'
pa t Fee Y $3,125.00
TOT PACT FEES _Q $12,263.74
rE- CIR_�'
JAK Approved
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12/13/2011 Item 16.D.4.
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12/13/2011 Item 16.D.4.
Co 1er County
Public Services Division
Housing, Human & Veteran Services
September 7, 2011
To: Habitat for Humanity of Collier County
Attn: Norma Lora -Trejo
From: Collier County Housing, Human and Veteran Services Department
Priscilla Dona
Re: Habitat for Humanity of Collier County (Jose & Maria Lara)
12024 Sitterley Street (Lot 1, Block Habitat Village)
Naples, FL 34113
Recorded on 03/07/2002, OR Book 2 , Page 36�
ay 35 17 j -- Q 7 6�.--:)
The payoff amount to satisfy the above mentioned property owner's lien with Collier County is:
. This lien was not subject to interest. /�
Impact Fee Line payoff $I-QA84 '7 6, 6/- , `j7Z �/4%J
Interest $0
Payment should be made to "Collier County Board of County Commissioners" and delivered to:
Collier County Housing, Human and Veteran Services
3339 Tamiaml Trail E, Bid 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,
Th�
Priscilla Doria, Loan Processor
(239) 252 - 5312 - phone
(239) 252 - 6518 -efax
Housing,
Human and
Veteran Services
Coftf County
3301 East Tamiami Trail • Health Building • Naples. FL 34112
239- 252 -CARE (2273) • 239 252 -HOME (46113) • 239 - 252 -CAFE: (2233) • 239. 252 -RSVP (7787) • 239 - 252 -VETS (8387) • www .coiliergov.netihumansenrices
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Packet Page -2445-
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12/13/2011 Item 16.D.4.
2894519 OR; 2935 PG; 0779
1IC01DID in 0111CIIl1 WORDS of C011111 C04R1, 11
11/03/2001 at 01 :5211 DVIGB'[ 1. Bon, C1,111
11C rtl 37.90
acts:
B00SIIG f VOU I1110VIKIV
IIlta ONO TO IOI
This sywrr (fir rnxiMMnp
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FI' %( FOR
SINGLE - FAMILY AFFORDABLE HOUSING DWELLING
FOR HABITAT FOR HUMANITY, INC.
This Agreement for the Waiver
2001, by and between Collier Co
Board of County Comrnissi crs bar
Humanity of Collier County. nc. t •
"Parties."
WHEREAS, Collier
tc cntcrt`d into this / day of A/-
ttical su y ' the State of Florida through it%
er referrtd to OUNTY," and Habitat for
fe ► ") E ," collectively stated as the
F 'ITAI.
tnce No. 2 -1 ollier County Consolidated
Impact Fee Ordinance, as it may -mended 'C to time, hereinafter collectively
nefcffcd to as "Impala Fee Ordinanc , r waivers of impact fees for new
owner- occupied dwelting units qualifying as affordable housing; and
WHEREAS. OWNER has applied for u waiver of impact fees as allowed by the Impact
Fa Ordinance. and a copy of said application is on file in the office of Housing and Urban
Improvement Department. and
WHEREAS, the County Manager, or his designLe, has reviewer! the OWNERS
application and has found that it complies with the requiremcnts for an affordable housing waiver
of impact fees otherwise required in the Impact Fee Ordinance; and
- 1 -
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12/13/2011 Item 16.D.4.
OR: 2935 PG: 0785 1
EXHIBIT "A"
LEGAL I SCRIP'FION
LOT 1, BLOCK A�HABITAT VILLAGE. ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 37, PAGES 48 THROUGH 51, INCLUSIVE, OF THE PUBLIC
RECORDS OF COI,LIF.R COUNTY, FIA)RIDA.
EXHIBIT "B"
TOTAL IMPACT FEES WAIVED $7.698.82
- 7 -
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1
- KDOWN
Type of Impact Fee G0y�
mount Owed
A.
Library Impact Fee
$214.00
B.
C.
Road Impact Fee
Parks Impact Fee:
0
118 -15U)
n
E.,
820,84
D.
EMS Impact Fee r�
�� 93.00
E.
Educational Facilities Impact Fee
GO 1.778.W
F.
Water Impact Fee ��'
T
ciR
C .��� 1,275.00
G.
Sewer Impact Fee
1.575.00
H.
Correctional Facilities Impact Fee
117.98
TOTAL IMPACT FEES WAIVED $7.698.82
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