Agenda 12/12/2017 Item #16D1212/12/2017
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign one (1) release of lien for an
Affordable Housing Density Bonus Agreement for a unit sold which is no longer subject to the
terms of the agreement.
OBJECTIVE: To support housing affordability through the implementation of the Affordable Housing
Density Bonus Program.
CONSIDERATIONS: Pursuant to Section 2.06.00 et seq. of the Collier County Land Development
Code (LDC), Rebecca D. Christopher (Borrower) executed an Affordable Housing Density Bonus
(AHDB) Agreement lien encumbering her property at 4440 Botanical Place #404, Naples, FL. The
AHDB program seeks to provide an incentive to construct affordable housing units in Collier County.
Regarding the financial commitment of the Borrower to the County, the following provision applies to the
subject property if sold or assigned within 15 years after the original purchase date:
“at a sales price in excess of five percent per year of the original purchase price of $126,970.16, I, my
heirs, legal representatives, successors or assigns shall pay to Collier County an amount equal to one-
half of the sales price in excess of the five (5) percent increase per year” (emphasis added).
Purchase Date Purchase Price Sold Date Sold Price
September 7, 2006 $126,970.16 January 23, 2017 $155,000
The borrower sold the property for less than a sales price “in excess of five percent per year of the
original purchase price.” In this case, the property was sold for less than the five percent per year increase
and the County, therefore, does not receive a payment. The following table details the release of lien
associated with this item.
Name Security Instrument Payoff Amount Public Record
Rebecca D. Christopher Affordable Housing Density Bonus $0 OR Book: 4109
PG: 0304
Release of this lien is in accordance with previous releases, and current LDC and Density Bonus Program
provisions. As part of the Community Housing Plan implementation, staff is reviewing these provisions
with respect to future amendments providing longer-term affordability.
FISCAL IMPACT: There is no Fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval. -JAB
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign one (1) release of lien
for an Affordable Housing Density Bonus Agreement for a unit sold which is no longer subject to the
terms of the agreement.
Prepared By: Susan Golden, Senior Grants and Housing Coordinator, Community and Human Services
Division
12/12/2017
ATTACHMENT(S)
1. Release of Lien Christopher Botanical Pl (DOCX)
2. AHDB Lien 972006 RChristopher (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.12
Doc ID: 4228
Item Summary: Recommendation to approve and authorize the Chairman to sign one (1) release
of lien for an Affordable Housing Density Bonus Agreement for a unit sold which is no longer subject to
the terms of the agreement.
Meeting Date: 12/12/2017
Prepared by:
Title: – Community & Human Services
Name: Susan Golden
11/20/2017 2:37 PM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
11/20/2017 2:37 PM
Approved By:
Review:
Public Services Department Kimberley Grant Additional Reviewer Completed 11/20/2017 6:39 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 11/21/2017 10:05 AM
Community & Human Services Cormac Giblin Additional Reviewer Completed 11/27/2017 10:12 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/27/2017 10:25 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/28/2017 9:36 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/28/2017 10:08 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2017 10:32 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/28/2017 11:32 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2017 3:30 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 2:51 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
Prepared by: Susan Golden
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 Affordable Housing Density Bonus (the "AHDB Lien") executed by Rebecca D.
Christopher to Collier County, recorded on 09/07/2006_ in Official Records Book 4109, Page
0304, of the Public Records of Collier County, Florida, in consideration of $0.00, receipt of which
is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the
Affordable Housing Density Bonus Agreement against the premises conveyed by said AHDB Lien
and more particularly described as follows:
UNIT 404, BUILDING 7, 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 -
_______________________, 2017, Agenda Item Number____________.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: ____________________________ By: ____________________________
, Deputy Clerk Penny Taylor, Chairman
Approved as to form and legality:
____________________________
Jennifer A. Belpedio
Assistant County Attorney
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*** 3909127 OR: 4109 PG: 0304
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LIEN
As required by Section 2.06.04.(AH9) of the Collier County Land Development Code ("LDC"), 2,
Robecc , D, Christopher, as Grantee, do hereby acknowledge that 4440 Botanical Place, Unit 404, Naples,
Florida, 34112, more particularly described as Unit 7404, Botanical Place, a condominium, according to
the Declaration of Condominium recorded in Official Records Book 3933, Page 2592, of the public
Records of Collier County, Florida(Ihe "Property") and Convey b jfvl Limited Partnership, LLLP, a
Florida limited liability limited partnership as Grantor on Ay�is 1006 ("Original Purchase Date"),
is subject to an Affordable Housing Dons lty Bonus Aavelopmen Agreement between Collier County,
Florida, and PJM Limited Partnership, LLLP, a Florida limited liability limited partnership,
("Agreement"). This Agreement was entered into pursuant to Section 2.06.00 at seq. of the LDC as an
incentive to construct affordable housing units on the Property.
I further acknowledge the terms add conditions of this Agreement and through this lien
instrument agree to the following;
1. In the event the me, my heirs, legal representatives, successors or assigns sell the property
(including the land and/or the unit) within 15 years after the Original Purchase Date, at a sales price in
excess of five percent per year of the Original purchase price of $126970,16, me, my heirs, legal
representatives, successors or assigns shall pay to Collier County an amount equal to one-half of the sales
Price in excess of the five percent increase per year.
2. It is a violation of Section 2.06.00 of the LDC to rent, sell or occupy, or attempt to rent, sell or
occupy an affordable housing rental unit under the Affordable Housing Density Bongs Program except as
specifically permitted by the terms of Section 2.06.00, or to knowingly give false or misleading
information with respect to any information required or requested by the County Manager or his designee
or by other persons pursuant to the authority which is delegated to them by Section 2,06,00,
3. Violation of any provision of Section 2.06.00 of the LDC is punishable through criminal
enforcement as set forth in Section 2.06.06(C) and civil enforcement as set forth in Section 2.06.06(D) of
the LDC.
IN W SS WHEREOF, the said Grantees have signed and sealed these presents this 7
day of ='2006
Nollrnp
� M OMI 6 F \
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this - day mm;m hy2006 Rebecca D.
=ZChris opher, who ry (� is personally wa to a or j produced
al (,Leaas roof of fide
(affix notarial seal)
(StgnaWre of Notary Public)
(Print Name of Notary Pub)ic)
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