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Agenda 09/14/2010 Item #16D14 Agenda Item No. 16014 September 14, 2010 Page 1 of 13 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an amended release of lien to correct the Official Records Book and Page number recorded on a previous impact fee deferral release of lien. OBJECTIVE: To approve and authorize the Chairman to sign an amended release of lien to correct the Official Records Book and Page number recorded on a previous impact fee deferral release of lien. CONSIDERATIONS: Article IV of Chapter 74 of the Code of Laws and Ordinances established a program to defer impact fees for qualified affordable housing. Pursuant to this program, Habitat for Humanity of Collier County, Inc. submitted an application for deferral of impact fees and the Board of County Commissioners approved the request. The approved and fully executed deferral agreement was subsequently recorded at OR Book 4409 Page 1125, of the Public Records of Collier County. A release of lien was processed, approved and recorded in Official Records Book 4537 Page 204. An impact fee deferral was no longer required and any future owner will be responsible for payment of the impact fees when commencing construction. . Execution of this amended release of lien will: 1. Correct the Official Records Book and Page number - The recorded release of lien references Official Records Book 4444 Page 3034. The correct and amended is Official Records Book 4409 Page 1125. The agreement incorrectly referenced in the original release of lien was also eligible for a release of lien. As such, there is no need to take further action relating to the agreement incorrectly referenced. FISCAL IMPACT: None. 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. It is legally sufficient for Board action. - JW STAFF RECOMMENDATION: To approve and authorize the Chairman to sign an amended release of lien to correct date and official records citations of previously recorded impact fee deferral release of lien. PREPARED BY: Frank Ramsey, Housing Manager, Housing, Human and Veteran Services Agenda Item No. 16014 September 14, 2010 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16014 Recommendation to approve and authorize the Chairman to sign an amended release of lien to correct the Official Records Book and Page number recorded on a previous impact fee deferral release of lien. Meeting Date: 9/14/20109:00:00 AM Prepared By Frank Ramsey Manager - Housing Development Date Public Services Division Human Services 8/25/20109:18:17 AM Approved By Marcy Krumbine Director - Housing & Human Services Date Public Services Division Human Services 8/25/201011 :27 AM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 8/25/20103:26 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/25/20103:28 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 9/1/201011 :55 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 9/1/20102:11 PM Approved By Sherry Pryor Office of Management & Budget Management! Budget Analyst, Senior Date Office of Management & Budget 9/7/201010:11 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 9/7/201011:07 AM Agenda Item No. 16014 September 14, 2010 Page 3 of 13 Prepared by: frank Ramsey Collier County Housing and Human Services Dept 3301 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING AMENDED 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, bearing the date of November 18,2008, recorded November 21. 2008 in Official Records Book 4409 Page 1125, 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 ofthe premises conveyed by said lien, more particularly described as follows: LOT 66, TRAIL RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, PAGES 71 THROUGH 77, INCLUSIVE, 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. This AMENDED RELEASE OF LIEN corrects and replaces the RELEASE OF LIEN recorded February 12,2010 in Official Records Book 4537 Page 204. Dated this _ day of ,2010. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER C01.JNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and leg~l 1.Ciency: t 1- . ----------...' .......z. ~. . " ./ Jeff\E.. W \iQ:ht '- /' - Assistant County Attorney Agenda Item No. 16014 September 14, 2010 Page 4 of 13 l).~ '0' 'I'/J't?:,);'r' '. "wralg'. h: t', [ .".. '\..i" ~ , , '. . , l>imr;~tl:wi<l{lH.t M~)Rll!S .~ AlrMr~f(UJ' MEMORANDUM PURCHASER Jerry Jean and Myrta Francois ADDRESS 13541 Koinonia DrIve, Naples, FL 34114 SELLER Habitat for Humanity of Collier County, Inc. DATE February 23,2010 CLOSED DATE March 1,2010 RECORDED MEMO March 19,2010 DATE Norma: On this file, I have found an error on the Release which was filed by the County, They incorrectly released the Lien recorded at OR 4444, Page 3034 (which was on Lot 14, Blk 4, Naples Manor) when it should ~ave be~.n the Lien recorded at OR 4409, Page 1125. For your reference, I have enclosed a copy oJPUrt.18nsand the Release. Will you please have them correct this. Thanks. , (po. el'wright Sue H. Smith FRP Florida Registered Paralegal Commercial Real Estate & Post Closing Porter Wright Morris & Arthur LLP 9132 Strada Place, Third Floor Naples, Florida 34108 Direct Dial: 239.593.2928 I Fax; 239.693.2990 shsmlth@porlerwrlght.com *** INSTR 4394351 OR 4537 PG 204 RECORDED 2/12/2010 10:44 AM PAGES 1 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $10.00 **..Agenda Item No. 16014 September 14, 2010 Page 5 of 13 Prepared by: Frank Ramsey Collier County HousIng and Human Services Depl 3301 B. Tamlaml Trail Naples, FL 34112 \ 0 ,IV ~j 'ill ~\ B \\V. ~/ \J 'J... \1 l-f .. l' l~ tr! I ( "(JfV ij;tl ~ot\ ~ ,/ / ~'Ov j? THIS SPACE FOR RECORDING RELEASE OF LIE~ KNOW ALL MEN BY THESE PRESENTS: That Colller qZty, whose post office address is 3301 E. Tamiami Trnil, Naples, Florida 34112, the owner(s)~l}.ctholder(t),Q[ a certain Impact Fee Agreement executed by Habitat for Humanity of Collier CouBn'~-tifc. to Collicr'C~unty, recorded the 2111 day of November, 2008 in Official Records Bo~~ 4444, Page 3034~. 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 ce ~f..t e premises conveyed by said lien, more particularly described as follows: -{ y~~U t.J;V oy :r Lot 66, Trail Ridge, according t nt thereof, as recorda n P t Book 44, Pages 71 through 77, OF THE PUBLIC RECORD TY, 0 A' (13541 Koinonia Drive, Naples, FlorIda 34114) The undersigned is authori named property, and consen property. .f......... ATTES1>"'~~'~~~~~"~;""" DWI(}?t,;B\;J}RO,tKi,,~i!*': .;.'. . .~.,.-..t..~,'l",I}",,,-:,,~,,~,,,,,t"t~"" ...... "'~.;,,, - ~.':'l .. .:\, ,,~ .....:\...I~~~\ J.'7 '~.' J"'-") .f......-: ~ ,; ?"~ I " ". "h.,:, :..'j:.,'{;,'" t', .....~~J..i"~.'i- ~.~:. '<.. .:.. ...:..ii:'~~'~ 4.;;t......Sl':~:..t!.\:. ~ ~.: :::..:.Jj"i ...~.~:;:, '''1.'-'-(.,-/'-'''':"' -1;" . tl'>.['. tCJ..;l 'By"" '. -.., ",,:; 1~' <; ';.,. ,", ,. ."j..; . . ;';~"';'*'. "" ..".~. ~./. ~. r ."..l;'.. ". '" "~ti:._... .,. '.,;.,' .:.. ,;-.'" ....,'~ '.' rcnuty Clerk "~. \,.1 '., .', ....' ... .... .; .' f ,t. :.t' '.. '.. .. A"':"'':'& .'. . "',. "~~U:- .' .'-.. " . " . t_..k..~~~trmm ~ G pwlMIJ~ 'iidi'i~ii BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ W. ~ 02/09/2010 FRED W. COYLE, CHAr AN Approved as to form and legal ficiency: Je E. right Assist~t County Attorney RttvrII to 4284526 RBCORDED in OFfICIAL RECORDS of COLLIIR COURTY, PL 04/11/2009 at O':13AX DWIGHT B. BROel, CLER~ RlC UI COPUS Agenda Item No. 16014 OR: (ffr1fG~~~(fi4~ , :.--w ," 35,50 4.00 Fruk R11l11Sty mlS 3301 E Tamlaml Trail Napla, FL 34IU Retn: CLBRI TD THB BOARD IX'BROPPICB 47H PLOOR Blf 8m File# 09-101-IF Tbls spa<< for recordl Dg LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACf FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 14th day of April, 2009, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties," NOW, THEREFORE, for good . ~i ration, the receipt and sufficiency of which is mutualJy acknowledged, W ~~~~ I. This Lien Agreement is de 0 Chapter 74 ~~ de of Laws and Ordinances of Collier County, Florida, 0 n as II eH'er 0 ty Co soli ated Impact Fee Ordinance" (Ordinance). In the e ent o~t t hi nt, the tenns of the Ordinance shall apply, () . U 2, The legal description of 3, The tenn of this 'Agreem from issuance of ent until six (6) months after issuance of the certificate of ~ 'I~~~Y s), 4. The amount of the impact fees de ~the COUNTY in full upon the sale of the dwelling unites), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B,ll the amount of the deferred impact fees is Twenty Two Thousand Five Hundred Seventy One and 3011 00 Dollars ($22.571.30), 5. The deferred impact fees shall be a lien on the property described in Exhibit "A, II 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 unites). 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 from, Except as provided by law, regardless of any foreclosure on the first 1 Agenda Item No. 16014 OR: 44ff~~O~~?~~ 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or , declare that the deferred impac~~ efault and immediately due and payable, The COUNTY shall be enti t')~~0V'erlfI costs, including attorney's fee and costs, incurred by the C ~TY in enforcing this re ent, plus interest at the then maximum statutory ra for j~ d on ea endar day basis until paid. DEVELOPER will sell the wil be verified, documented and 8. 9. COUNTY. IN WITNESS WHEREOF, the Parties havejexecuted this Agreement on the date and year first above written. Attest: DWIGHT~ ~~~,..Clerk .-:;~ ....,.4...'t.,..~!'... "., By: ~.;~, ~.~;., . OL. ,.' ",. 'ft'rv.~lftyClerk ltttst .... "" "iftn... ~i,,/ (~. '.......",l;.~~. (.if, . ..;\., BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA d~ By 2 Agenda Item No. 16014 OR: 444f1fff~~Q~~~~~ WrtNESSES: ~ ~al a.~ ~'~d~ Print Name: ~")o{'\ \C 1 ~'{( ( ~()~ [NO~Jt.""'9B~] !<."...~~ -c~~.)'o. ....~ J" A..~ t:o'r,.,A~.. ~~ \ ~O~-.'~ '.'c.;,.. :::. '0'" :::it: Uv Comm C."I... ~ '! ... ....r I ...., . .. :; · "''''uIl28,20'0. ,.. .. . rwv """U. ~ ~ Ko,005_: ; \ '. .' :!r, ... In.... ~U8\..\9.' ~ ~ ~-~ ........ Oi'r~" ~"7?J: OF f-\.: ,,\\'IiI "~/1/111"'''\\\\ day of March, 2009, by Approved as to fonn and legal sufficiency: Recommended Approval: M5L~4J- ~ Director - Housing and Human Services ~~Q Colleen Greene Assistant County Attorney 3 Agenda Item No. 16014 *** OR: 44ffP~~~~~t~rl* EXHIBIT "Au /,;:-;'7~-'~'<::~:-:::::::-------------~-",,\. LEGAL DESCRIPTION (/"-/ Lot 14, Block 4, Naples l}anor Addition, according to the map or plat thereofas recorded in Plat B7age(s) 67, Publle Records of Collier County, Florida. ',,- / STREET ADDRESS ....... ".....- ."_M_..., _____ ~ ~~_~ 5249 Hardee Street, Naples, Florida 34113 EXHIBIT "B" IMPACT FEE BREAKDOWN E. Amount Owed A. EMS Impact Fee $112.46 $122.36 $503.49 $1,075.25 F. $2,378.20 $9,026.12 $8,247.62 $796.05 G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee $309.75 TOTAL IMP ACT FEES $22,571.30 4 _1 I Retun to 4234640 o~e!lV1~'4:t~2P RBCORDED 10 OFFICIAL RlCORDS of tOOwRl ~ooj~ lL 11/21i2008 at Dl:31PK DiIGHT E, BROCK, CLERK RBC FBB 35.50 COPIBS 4,00 4 Fr..1t Ra-.ey IDIS 3301 E Tamia..1 Trail Napl~ FL34112 FiIe# 09-032-IF Reto: CLBRI TO THB BOARD IHTEROFFICB 4TH FLOOR BIT 7240 Tbil IJIlIl:e for recordiac LIEN AGREEMENT WITH DEVELOPER FOR DEFERRAL OF 100% OF COLLIER COUNTY IMP ACf FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this 18th day of November, 2008, between Collier County, a political subdivision of the State of Florida (COUNTY) and "Habitat for Humanity of Collier County, Inc." (DEVELOPER) collectively stated as the "Parties." NOW, THEREFORE, for good Y:DiB '.~. ideration, the receipt and sufficiency of which is mutually acknowledged, ~~ 'J-:. I. This Uen Agreement is mot.~t to Chapter 740 the ode of Laws and Ordinances of Collier County, Florida, /.no ~ty c~nskdated Impact Fee Ordinanee" (Ordinance). In the evfl n.. t ! qH'IFt ,. thl~pte~. the terms of the Ordinance shall apply. \ n. \~ U ill!;;! 2. The legal description of~welling unit is attac p as)E~ iliA." 3. The term of this Agreem~~m issuance J~. ~9 ment until six (6) months after . fth.fi f"-: r~th ....-., "2( ) ISsuance 0 e certl cate 0 .~. ,)Mllt s . 4. The amount of the impact fees d:~~~ the COUNTY in full upon the sale of the dwelling unit(s), unless the dwelling units are sold to households meeting the criteria set forth in the Ordinance, and the impact fees are duly deferred. As set forth in Exhibit "B," the amount of the deferred impact fees is Twenty Two Thousand Three Hundred Twenty Five and 96/100 Dollars ($22.325.96). 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(s). The lien shall terminRte 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 from. Except as provided by law, regardless of any foreclosure on the first OR: 44~~~t~~~~~~~~6 Page 11 of 13 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 perso~ 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, including, but not limited to, a full or partial release of lien. 7. In the event the DEVELOPER 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 DEVELOPER, a delinquency fee equal to ten percent (10%) of the total impact fee imposed shall be assessed, and the COUNTY may, at its sole option, collect the impact fee amount in default and assessment as set forth in the Ordinance, or bring a civil action to enforce this Agreement, or declare that the deferred impact ~.i!! default and immediately due and payable. The COqNTY sbal1 be entitl~~ 1 . . ~ costs, including attorney's fee and costs... incurred by the C~ in enforcing this . ent, plus interest at the then o _/e. /.,\dlYft\ " \n 1 dar cia baso 01 od maxtmum statutory ratq lOr J~en' on a ~en y IS untJ. pal. DEVELOPER will sell ~e I. ~ . ~l be verified, documented and kept on file at the Offi~cb(\~~.S+~S') t-.1f ~e developer fails to comply with the terms of the <iu\ent, or the unit c~ to be u~ for affordable housing, or is . ~\ ~ ) /-); .' . not sold to legal reSidents, \~...... I amount of defewed ~.. ;fees shall be munediately repa1d ~r . ....,.~ \..)/ to the County, including all ~ . " interest and~.;i 8. This Agreement is the sole ~m6;-L~~es with respect to the subject matter herein, and shall be binding upon the DEVELOPER'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 written. Attest: DWIGHTE.'SROCK, Clerk -.\. -.'''' .', o. BOARD OF COUNTY COMMISSIONERS COLLIER COUNT FLORIDA BY~_~~4Ai ,:;~r~ Clerk . AtteSt:~., to , i Qftat..... . ~ I · By: an OR: ~~t~~1'J,~~~6 Page 12 of 13 BY: WITNESSES: ~ Print N: / /- /(k(~' (I /c'~ ~Yc,k.' [NOTARIAL SEAL] (vU'~ Approved as to form and legal sufficiency: Recommended Approval: I r~~ 4~ Director - Housing and Human Services ~~ I Colleen Greene Assistant County Attorney *** OR: t4~~~e~1~~~** Page 13 of 13 EXHIBIT "A" LEGAL DESCRIPTION Lot 66, Trail Ridge, according to the plat thereof, as recorded in Plat Book 44, Pages 71 through 77, inclusive, of the Public Records of Collier County, Florida STREET ADDRESS 13541 Koinonia Drive, Naples, Florida 34114 EXlDBIT "8" IMPACT FEE BREAKDOWN . Type of 1m pm Fee ~ AmountOwed /'G'1- J---\ A. EMS Impact Fee ;" ~~" --J'I \ B. Correctional Facilities 'm~CID~ \V \ C. Library Impact Fee W'J KG 0 W 11 ) t I D C . P ks Im ("' '<lJ:/ II I'~ J . ommumty ar p \Iee ~~ I ! _.if \..p ~ 'i~ /~O/ ~~" -....",1 I E. Regional Parks Impact F f r '- . //;'< ~/ U^~ /,:\'/ '>!,., --,,------ "'.'\.\../" F. Educational Facilities System Iri1pac1.1~ Cn~....../ -- G. Road Impact Fee H. Government Building Impact Fee I. Law Enforcement Impact Fee J. Water Impact Fee K. Sewer Impact Fee TOTAL IMPACT FEES $112.46 $66.97 $402.79 $862.50 $1,907.85 $3,139.61 $7,858.52 . $450.18 $186.20 $3,616.49 $3,722.39 522,325.96