Loading...
Agenda 10/27/2020 Item #16D 4 (Release of Lien)10/27/2020 16.D.4 EXECUTIVE SUMMARY Recommendation to approve one (1) Release of Lien for full payment of $8,947.84, pursuant to Agreement for Deferral of 100% of Collier County Impact Fees for Owner -occupied Affordable Housing Dwellings. OBJECTIVE: To support the affordability of housing in Collier County through the County's Impact Fee Deferral program. CONSIDERATIONS: Pursuant to Article IV of Chapter 74 of the Collier County Code of Ordinances, the County may defer the payment of the impact fees for any new owner -occupied unit which qualifies as affordable housing. Section 74-401(a) (3) of the Code authorizes the County Manager to enter into an impact fee deferral agreement with the developer, homeowner, or applicant. The deferred impact fees shall be a lien on the property and the agreement shall be accepted by the County in lieu of prompt payment of the impact fee that would otherwise be due and payable but for the agreement. The Countywide Impact Fee (CWIF) repayment obligation has been fulfilled and a release of the lien is needed. The following table contains details about the CWIF lien associated with this Item. File # Recorded Date OR Book/Page Legal/Address Developer/ Owners Name Amount of Lien 06-017IF 09/08/2006 4102/2390 Lot 105, Building Joseph E. Torres $7,158.27 - Original 8, Botanical Place, Lien $ 1,789.57 - A Condominium; Interest $8,947.84 AKA Unit 8105, Total Paid Botanical Place. FISCAL IMPACT: A total of $8,947.84 was paid to Collier County and deposited in the various Growth Management Impact Fee Accounts. The total amount represents $7,158.27 in Impact Fees paid and $1,789.57 in accumulated interest income. Recording fees of $10 per Satisfaction of Lien have been paid by the party. LEGAL CONSIDERATIONS: This Item is approved for form and legality and required a majority vote for Board approval. - JAB GROWTH MANAGEMENT IMPACT: The Impact Fee Deferral program assists the County in meeting some of the Housing Goals and Objectives in the Growth Management plan. RECOMMENDATION: To approve one (1) Release of Lien for full payment pursuant to Agreement for Deferral of 100% of Collier County Impact Fees for Owner -occupied Affordable Housing Dwellings. Prepared By: Lisa N. Carr, Senior Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. Release of Lien- Torres, Joseph (PDF) 2. Backup Does CWIF - Torres (PDF) Packet Pg. 1162 16. D.4 10/27/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.4 Doe ID: 13717 Item Summary: Recommendation to approve one (1) Release of Lien for full payment of $8,947.84, pursuant to Agreement for Deferral of 100% of Collier County Impact Fees for Owner - occupied Affordable Housing Dwellings. Meeting Date: 10/27/2020 Prepared by: Title: Grants Coordinator — Community & Human Services Name: Lisa Carr 09/29/2020 11:00 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 09/29/2020 11:00 AM Approved By: Review: Community & Human Services Cormac Giblin Additional Reviewer Community & Human Services Kristi Sonntag CHS Review Community & Human Services Maggie Lopez Additional Reviewer Community & Human Services Jose Alvarado Additional Reviewer Operations & Veteran Services Kimberley Grant Level 1 Reviewer Public Services Department Todd Henry Level 1 Division Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Steve Carnell Level 2 Division Administrator Review County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Budget and Management Office Ed Finn Additional Reviewer Grants Therese Stanley Additional Reviewer County Manager's Office Geoffrey Willig Level 4 County Manager Review Board of County Commissioners MaryJo Brock Meeting Pending Completed 09/29/2020 4:11 PM Completed 10/03/2020 9:45 AM Completed 10/05/2020 5:34 PM Completed 10/06/2020 8:15 AM Completed 10/06/2020 4:47 PM Completed 10/07/2020 3:42 PM Completed 10/12/2020 8:37 AM Completed 10/13/2020 11:53 AM Completed 10/16/2020 10:39 AM Completed 10/16/2020 11:29 AM Completed 10/16/2020 1:05 PM Completed 10/16/2020 6:28 PM Completed 10/19/2020 11:34 AM Completed 10/19/2020 4:33 PM 10/27/2020 9:00 AM Packet Pg. 1163 16.D.4.a Prepared by: Maria Aldana Collier County Community and Human Services 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 Lien Agreement for Deferral of 100% of Collier County Impact Fees for Owner Occupied Affordable Housing Dwelling (the "Impact Fee Lien") executed by Joseph E. Torres, to COLLIER COUNTY, recorded on 09/08/2006 in Official Records Book 4102, Page 2390 of the Public Records of Collier County, Florida, in consideration of $8,947.84 ($7,158.27 plus interest) having met the term is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the Impact Fee Lien against the premises conveyed by said Impact Fee Lien and more particularly described as follows: UNIT 105, BUILDING 8, 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. The undersigned is authorized to and does hereby satisfy and 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 Release of Lien was approved by the Board of County Commissioners on , Agenda Item Number ATTEST: CRYSTAL K. KINZEL, CLERK , DEPUTY CLERIC Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney V r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LOW BURT L. SAUNDERS, CHAIRMAN Packet Pg. 1164 oM Public Services Department Community & Human Services Division August 26, 2020 Sarah Stielil Escrow Agent 5150 Tamiami Trail N, Ste, 603 Naples, FL 34103 Re; Payoff Letter — Joseph E. Torres 4430 Botanical Place Cir. #l05 Naples, FL 34112-Unit 8-105 Botanical Place Payoff #1 Mortgage/Lien Type Date Recorded OR Boolc/Pa e Amount Due SHIP Second Mortgage - File 405-090 10/02/2006 41 14/2130 $19,500.00 Payoff #2 Mortgage/Lien Type Date OR Total Amount Recorded Book/Page Due Affordable Housing Density Banus 10/02/2006 4177/0377 $0.00 Lien Agreement Payoff #3 Lien Agreement Type Date OR Amount Due Recorded 13001c/Pa ge Countywide Impact Fee 09/08/2006 4102/2390 $7,158.27 — Original Lien Deferral - File 906- $1,789.57 — Interest* 0171E $8,947.84 - TOTAL *Repayment shall I11Clude any accrued interest. Interest shall be computcd at the rate of five percent (5%) per annum, but in no event shall it exceed twenty-five percent (25%) of the total fee amount. This pay-off amount is good through October 25, 2020. (D Community & Human Services Division - 3339 Tamiami Trail East, Suito 211- Naples, Florida 34112-5361 239-252-CARE (2273) , 239.252-CAFE (2233) • 239-252-4230 (RSVP) • mi. colher9ov.ndhumanservices c m J 4- 0 aD �a m m rY LL U r` ti M a� L L 0 LL U 0 0 a Y V �a m c aD E r Q Packet Pg. 1165 No payment Nvill be required until the property is sold, transferred, refinanced, no longer homesteaded, or is no longer the primary residence of the homebuyer. At that time the balance of the loan is due and payable, Payment should be made to "Collier County Board of CoulLty. Commissioners" and delivered to: Community & Human Services Division Attn: Lisa Carr- pay-off 3339 E. Tamiarni Trail, Suite 211, Naples, FL 34112 Please include a separate elrecic ill the amount of $10,00 for each as off amount made payable to: Collier Coun , Board of Coll-Ilty Commissioners for the cost of recording. Sincerely, Lisa N. Carr Senior Grants Coordinator Packet Pg. 1166 0 3899160 OR: 4102 PG; 2390 RICORDID In OFFICIAL RICORDS Of COLLAR COMT, PL 09/08/2006 at 02;IOPN DWIGHT I. BROC1, CLIR1 Be 111 21,00 Return to Retn: Lauren Beard OPIRATIOIAL SUPPORT i HOUSIIG CoHier County nSn LAURIN BIARD 2800 K, Iformhoe Brive INIHOPPICI Naples, FL 34104 F110 06-017-IF This apace for recording LIEN AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS This Agreement is entered into this J day of August, 2006, between Collier County, a political subdivision of the State of Florida (COUNTY) and Joseph E. Torres (OWNER), collectively stated as the "Parties." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the Parties agree as follows: I. This Lien Agreement is made pursuant to Chapter 74 of the Code of Laws and Ordinances of Collier County, Florida, known as "The Collier County Consolidated Impact Fee Ordinance" (Ordinance). In the event of any conflict with this Agreement, the terms of the Ordinance shall apply. 2. The legal description of the dweller rpisa�a died as Exhibit "A." 1The term of this Agreement im 'e'date set fo Tab ee until the impact fee is repaid, 4. The amount of the impa%t f deferred shall be pai o tti COUNTY in full upon: a) the sale of the dwelling un'f; b the elf Urn in of th dwells g it; c) a loss of the homestead exemption; or d the rrst c u c le o s or f an art of the affected real p } yp property, and in any su e>L1t- Ie � pact a paid in full to the COUNTY not later then the closin tat a sale, or not later cn c ive date of the transfer. As set forth in Exhibit 131" them unt of the defe fees is Seven Thousand, One Hundred Fift -Ei t dollars fl'27. 00-($ir158,V epayment shall include any accrued interest. Interest shall be computed- at�eCra e of five percent S /o p p (o) 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 Page 1 of Packet Pg. 1167 OR: 4102 PG; 2391 then in default and inunediately 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. 8. 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 written. OWNER: WMgses; Print Name AtrZi6iA 6. 76,9ph , Torres W' sses: u_ P t arr� V,U ALI STATE OF FLORIDA �� COUNTY OF COLLIER 10 M The foregoing Agreeme f w �kn ledged before thi /o day of August, 2006, by r Joseph E. Torres, who are pe son IIyE'lcsto n tI r produ�ed as N identification L O [NOTARIAL SEAL) c) t a re, f ary r i r}� � cnrU off 0 �.rr»tcuano '� � °n�� 'c° ""0"9 r (Print Name t Public) rn G�o�a 'as o" n Expires: sz COLLIER COUNTY, FLORIDA ca m S JAOES V. MUDD, COUJWY MA14AGER STATE OF FLORIDA t COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this J1s day of August, 2006, by James V. Mudd, County Manager, on behalf of the C UNTY, who is personally known to me. Q [NOTARIAL SEAL] (Signature of No Public) M 4Lauren J. -Beard Commission UDD159084 rivii es: Oct 24, 2006 � . c l rtr. 6 eG 1-8 MrWed nu„ (Print Name of Notary Public) Manai D ndingCo.,G,c Commission Number: My Commission Expires: A rov d to form and Recommend approv 1: ie l I e cy: Je A latzkow Denton Baker, Director of Assi tant unty Attorney Operational Support & Housing Page 2 of 2 1 Packet Pg. 1168 1 � . *** OR: 4102 PG; 2392 *** EXHIBIT "A" LEGAL DESCRIPTION UNIT 105, BUILDING 8, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS HOOK 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. Correctional Facilities Impact Fee C. Library Impact Fee D. Community Parks Impact Fee E. Regional Parks Impact Fee F. Educational Facilities Syste®�%P- G. Road Impact Fee 1 H. Government Buildin ala-ec 1. Sewer Impact Fee 7, f TOT, -I. PACT FEES ^� �t C� 3AK Approved ___! !_ Amount Owed $93.00 $117.98 $166.90 $561.70 $560.68 $827.00 $2,662.00 $159.01 $2,010.00 $7,158.27 Packet Pg. 1169 G;ieiaQ � A3P^IJVI GOr�:VeJ F1,NiocS 2' 1 N oS � 1 �F0 cc �oc a0 ' Packet Pg. 1170 CF) 0 44 MUM 079 09-4� W. rL 4W Z Mo TO lam Fu. 0 Oir F-Lu. 0 (A 4?1 Ri 4 I Packet Pg. 1171 1