Agenda 03/26/2013 Item #16D4Proposed Agenda Changes
Board of County Commissioners Meeting
March 26, 2013
Withdraw Item 16D4: Recommendation to approve one (1) release of lien for an
Affordable Housing Density Bonus Agreement for an affordable housing unit sold
which is no longer subject to the terms of the agreement. (County Attorney's request)
Move Item 1 I to Item 16C3: Recommendation to direct the County Manager, or his
designee, to give notice to formally initiate integration of the Orange Tree Utility Company
into the Collier County Water -Sewer District to provide water & sewer utilities to Orange
Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between
Orange Tree Utility Company and Orangetree Associates and Board of County
Commissioners of Collier County (Board) with the objective of returning to the Board with
a proposed Utility System Integration Agreement. (Commissioner Hiller's request)
Withdraw Item 16A3: Recommendation to authorize release of the Excavation
Performance Bond in the amount of $1,000,000 to the Project Engineer or Developer's
designated agent for Arthrex at Ave Maria AR- 13095. (Staffs request)
Move Item 16A9 to Item 11C: Recommendation to approve a work order in excess of the
Board's $200,000 spending threshold and authorize expenditure of $48,520 for McGee &
Associates to prepare 100% landscape design plans for the Immokalee Road/I -75
Interchange. (Commissioner Nance's request)
Continue Item 16Al2 to the April 9, 2013 BCC Meeting Recommendation to approve and
authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the
amount of $500,000 for the County's artificial reef program, accept donated professional
services from Turrell, Hall and Associates Inc., and approve any necessary budget
amendments. (Staff's request)
Move Item 16F5 to Item 11D: Recommendation to establish a new position classification
and salary range assignment for County Commission staff members and revised budget
allocation format for the BCC Office. (Commissioner Henning's request)
Move Item 17E to Item 913: Recommendation to adopt an ordinance that will establish
the position of Collier County Hearing Examiner. (Commissioner Coyle's request)
Proposed Agenda Changes
March 26, 2013
Page 2
Note:
Item 16C3 44-A: Signature page of the Second Amendment to Agreement was
inadvertently left out of printed agenda packet. Copies of the signature page have been
provided to Commission members.
Item 16A1: Withdraw clarification SC- 2003 -02, Storage Containers, attachment #4.
Staff will be coordinating this clarification with the ongoing broader review of storage
containers within all zoning districts. (Staff's Request)
Item 16C2: Folio number in executive summary corrected to read: David K. and
Cheryl L. Boot own the property located at 346 Cypress Way West, parcel number
00159480005.
Item 16D5: Correct document titled Modification to Subgrant Agreement to be
consistent with all other references in the item, by checking the following box:
® Change in Number of Accomplishments and/or Beneficiaries (Clerk's request)
Item 16F3: It is the intent for requirements to be the same in Category B and Category
C -2 grant applications. Therefore, the following additions have been made to the C -2
grant application.
1. Form 990 added to checklist of required items on p. 11 of application.
2. Financial statement to be reviewed or audited by a CPA added to checklist of
required items on p. 11 of application. (Staff's request)
Time Certain Items:
Item l OG to be heard at 11:00 a.m.
Item 13A to be heard at 2:00 p.m., immediately followed by Item 13B and l OD
3/26/2013 9:33 AM
n
3/26/201316.D.4.
EXECUTIVE SUMMARY
Recommendation to approve one (1) release of lien for Affordable Housing Density Bonus
Agreement for an affordable housing unit sold which is no longer subject to the terms of the
agreement
OBJECTIVE: Approve one (1) Affordable Housing Density Agreement lien.
CONSIDERATIONS: Pursuant to Section 2.06.00 et seq. of the Collier County Land Development
Code (LDC), Graciela M. Wright (Borrower) executed an Affordable Housing Density Bonus (AHDB)
Agreement lien encumbering the above captioned property. The AHDB program seeks to provide an
incentive to construct affordable housing units in Collier County.
In reference to the financial commitments of Borrower to 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 $137,134.11, 1, 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 vear" (emphasis added).
Purchase Date
Purchase Price
Sold Date
Sold Price
May 30, 2006
$137,134.11
July 21, 2011
$96,000.00
The borrower sold the property for less than the original purchase price; so there is no repayment
obligation to Collier County. As such, a release of lien is needed. The following table details the release
of lien associated with this item.
Name
Security Instrument
Pa off Amount
Public Record
Denise D. Lounsbury
Affordable Housing
Dens i Bonus Agreement
$0
OR Book: 4055
PG: 2135
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. —JW
STAFF RECOMMENDATION: Authorize the Chairwoman to sign one (1) release of lien for
Affordable Housing Density Bonus agreement for a unit sold which is no longer subject to the terms of
the agreement.
PREPARED BY: Priscilla Doria, Grants Coordinator, Housing, Human and Veteran Services
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3/26/2013 16.D.4.
COLLIER COUNTY
Board of county commissioners
Item Number: 16.16.D.16.D.4.
Item Summary: Recommendation to approve one (1) release of lien for Affordable
Housing Density Bonus Agreement for an affordable housing unit sold which is no longer
subject to the terms of the agreement.
Meeting Date: 3/26/2013
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
2/14/2013 2:24:07 PM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
Name: DoriaPriscilla
2/14/2013 2:24:09 PM
Approved By
Name: LarsenKathleen
Date: 2/15/2013 1:33:50 PM
Name: SonntagKristi
Date: 2/17/2013 9:38:48 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 2/21/2013 5:28:08 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 2/22/2013 1:45:07 PM
Name: Joshua Thomas
10 � Title: Grants Support Specialist,
Packet Page -753-
Date: 2/27/2013 9:08:00 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 2/27/2013 9:24:35 AM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 2/28/2013 2:36:12 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/28/2013 2:56:32 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/1/2013 11:08:15 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/5/2013 3:55:22 PM
Name: OchsLeo
Title: County Manager
Date: 3/13/2013 2:47:09 PM
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3/26/2013 16.D.4.
Prepared by:
Priscilla Doria
Collier County
Housing, Human & Veterans Services Dept
3339 E. Tamiami Trail, Building H, #211
Naples, FL 34112
RELEASE OF LIEN
3/26/2013 16.D.4.
THIS SPACE FOR RECORDING
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 Affordable Sousing
Density Bonus Development Agreement executed by Denise D. Lounsbury to Collier County,
recorded on June 1.5, 2006 in Official Records Book 4055, Page 2135, 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:
Legal Description: Unit 3404, 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.
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 Release of Lien was approved by the Board of County Commissioners on day
of , 2013, Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form and
legal sufficiency:
n
Jefffjkright
Assistant County Attorney
Loln
Georgia A. Hiller, Esq.
Chairwoman
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3/26/2013 16.D.4.
* ** 3856025 4R; 4055 PG; 2135 * **
1 a nODIDIB in 0111CIAL 0=5 of COLLIIR MUM, PL
06/15 /1006 -at 07 :53AD'DVIM I. BIOCA, CURE
Prepared by mad to bo reamed a: UC Ull 10.00
Kato:
Lauren Heard cum PASBIDOliO B? AL
ColliffCo County Operational Support & Housing
2600 N. Horseshoe Drin, #400 821 578 AYI 11201
Naples, FL. 34104 IAnU iL 31102
LIEN
As required by Section 2.06.04.(A)(9) of the Collier County Land Development Code ("LDC'), I,
Denise D. Lounsbury, as Grantee, does hereby acknowledge that 4510 Botanical Place, unit 404; Naples;
Fiorida, 34112, more particularly described as Unit 3404,: Botanical Place, a condominium, according to
the Declaration of Condominium recorded in Official Records Book 3933, Page 2392, of the Public
Records of Collier County, Florida(the "Property") and Q� ve�xed by PJM Limited Partnership; LLLP, a
Florida limited liability limited parinership as Grantor orr5 L, 2006 ( "Original Purchase Date "), is
subject to an between Collier County,
Florida, and PJM Limited Partnership, 'L P, a F orld'a ' limlte liability limited partnership,
( "Agreement "). This Agreement was entered into pursuant to Section 2.06.00 et seq. of the LDC as an
incentive to construct affordable housing units on the Property.
We further acknowledge the terms and conditions of this Agreement and through this lien
instrument agree to the following:
I. In the event the we, our 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 $137,134.11, 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 increaser K0
t
3. It is a violation of Sec
occupy an affordable housing i
specifically permitted by the
information with respect to and
or by other persons pursuant t
3. Violation of any
enforcement as set forth in
the LDC.
IN WITNESS WF
day of �, 2006
�- C kit -
t� the?lZ or occupy, or attempt to rent, sell or
under the Affordable` 46us g Density Bonus Program except as
`Section 06 or t kn wingly give false or misleading
Fon r4quir -i or guested by th County Manager or his designee
em y Section 2.06.00.
TD of th is punishable through criminal
16( and forcome iset forth in Section 2.06.06(D) of
Grantees have !arid sealed these presents this
WITNESSES:
\� C
_~
P nt Name:
Print e: _ l I.Irk qQ lr
STATE OF FLORIDA
COUNTY OF COLLIER
By: I!�/.Qilit -t? &�
Denise D. Lounsbury
The foregoing instrument was acknowledged before me this day of�2006, Denise D.
Lo but who (� is personally known to me r [w'� produced
m t-0„tzt Lf1- -P CvLi as proof of identity.
(affix notarial seal
( Signatur of Notary Public)
(Print of Notary Public)
r;,,i. '••.,, KRIST IALYNN U Serial / Commission #:
4y� yPubk- Sim OfF w My Commission Expires:
Eks:es Mar 18 20DO
,.�'' Conmr,t:sp� t tms902to
sr� rA=,.
Packet Page -756-
INSTR 4606697 OR 4719 PG 418 RECORDED 9%15/2011 9:57 AM PAGES 4
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC @.70 5672,,00 REC $35.50
COOS '196400.00
0ot's', &kv�' r -- 5(U— cLmua. 4.
Prepared by and return to:
Jamie B. Greusel
Attorney at Law
Low Office of Jamie B. Greusel
1104 North Collier Blvd
Marco island, FL 34145
239- 394 -8111
Ca'S, A /
DEED IN LIEU OF FQRECi.tISURE
THIS INDENTURE, is made as of tW ,'`by Denise D.
Lounsbury, a single woman, ( "Grantor "), having an address at 4510 Botanical Place
Circle, Unit 404, Naples, FL 34112, in favor of Botanical Place Condominium
Association, Inc. ( "Grantee ") whose address-is-CXI mt ors v n
Drive, S., Unit 215, Naples, FL
TNESSETH TH`�
Grantor, for and
($10.00), lawful money i
before the unsealing and
is hereby acknowledged,
conveyed and confirmed
convey and confirm unto
land, situate, lying and b
3/26/2013 16.D.4.
ideration sumo Ten ' d n 1100 U.S. Dollars
t s j d byGrantee, at or
of e ipan sufficiency of which
1d, ,released,
se-presents-does t, b 1, alien, remise, release,
ee and its successo d forever, the parcel of
�
Ilier County, State ori' Ya, to wit:
Condominium Unit No. 3404, BO I� , 'condominium,. according to the
Declaration of Condominium thereof as a °Official Records Book 3933, Page
2592, and all exhibits and amendments thereof, Public Records of Collier County,
Florida, together with the exclusive use of Carport No. CP -21.
Parcel Identification Number: 24680901408
TOGETHER with all and singular the tenements, hereditaments and appurtenances
thereunto belonging or in any way appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
AND Grantor hereby specifically warrants the title to the property and will defend the
same against the lawful claims of all persons whomsoever.
This Deed is an absolute conveyance to Grantee for fair and adequate
consideration, in lieu of foreclosure of the certain Claim of Lien recorded in Official
Packet Page -757-
OR 4719 PG 419 3/26/2013 16.D.4.
Records Book 4589, Page 2478, of the Public Records if Collier County, Florida. Grantor
declares that this conveyance is freely and fairly made.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year
fast above written.
Signed, sealed and delivered in our presence:
V V-- 4- -
Witness Name: 4,4,441
Name:
State of Florida
County of Collier
Ovu-& 2 (Seal)
enise D. Lounsbury
The foregoing instrume 7�known o�vle3g�dLousbury, who L] is pens or N has i . �
[Notary Seater t/+
�y ���t1' �'''+t G. y
OM M01509
fIVJGGLLRpfWIpI1VWi ✓
3 EXPIRES D9canb6r9 P013
e6 MeO 1h Nola y?vb6c Un6.M.
St day of July, 2011 by Denise D.
;r's license as identification.
J J f
Printed Name
My Commission
Expires:
Packet Page -758-
OR 4719 PG 420
3/26/2013 16.D.4.
GRANTOR'S AFFIDAVIT FOR INTENT, CONSIDERATION AND SOLVENCY
Before me, the undersigned authority, personally appeared Denise D. Lounsbury,
who being first duly sworn, deposes and says:
1. She is the party who executed, and delivered that certain deed to Botanical Place
Condominium Association, Inc., dated July 21, 2011, conveying the following property:
Condominium Unit No. 3404, BOTANICAL PLACE, a Condominium, according to the
Declaration of Condominium thereof as recorded in Official Records Book 3933, Page
2592, and all exhibits and amendments thereof, Public Records of Collier County,
Florida, together with the exclusive use of Carport No. CP -21.
_"`__._
Parcel Identification Number: 2$¢0
2. The deed was an sol yane e of the title o to property to the Grantee
named therein in effect as e1 wa` n t inte ed a mortgage, trust
conveyance, or security a s
ee s o the premises has been
surrendered to the Grantee. ! 1 �.
tfi_" F`f
3. The considerati � e dee d "`. was, an , the u h Nation of all debts,
obligations, costs, and cha reviously existing er an rtue of the terms of that
certain Declaration of Con um recorded in 0 e ds Book 3933, Page
2592, Public Records of Colli ty, Florida, and is "ssal of Collier County
Lien Foreclosure Case 11 -1211-
4. The deed and conveyance were made by Affiant as a result of her request that
Grantees accept the deed and was a free and voluntary act.
5. The deed was not given as a preference against any other creditors of the
Affiant.
6. The Affiant is solvent and has no other creditors whose rights would be
prejudiced by execution and delivery of the deed to the Grantees, and/or conveyance of
the real property to the Grantees.
7. In executing and delivering the deed to the Grantees, the Affiant was not subject
to or under any duress, undue influence, misapprehension, or misrepresentation by the
Grantees in the deed, or the agent or attorney or any representative of the Grantees in the
deed, and was afforded the opportunity to consult with an attorney of her own choosing.
Packet Page -759-
* ** OR 4719 PG 421 * **
3/26/2013 16.D.4.
8. It was the intention of the Affiant as Grantor in the deed to convey, by the deed,
and the want does convey, to the Grantees all of her right, title, and interest in and to the
property described in the deed.
9. This affidavit is made for the protection and benefit of the Grantees of the deed,
their successors and assigns, and all other parties hereafter dealing with or who acquire
any interest in the property described in the deed, and it shall bind the respective heirs,
executors, administrators, and assigns of the undersigned.
flopi-V
enise D. Lounsb ry
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to and subscribed be=,8ed 1.-f�s D. Lounsbury, who is
personally known to me or — as
i entification.
Russo.s. SWIMAUak
EA�ON 9 DO 815469
ef,• EXP( ES: December 8, 2013
9and4d Thm Notary PViIk tladererlkyp
Printed NE
W
�Iw C
Packet Page -760-
'64- 4____
z,-/>
't } Property Appraiser's
Parcel Identification No,
61840680001
This instrument was prepared
without opinion of title by
John M. Passidomo
Cheffy Passidomo
Wilson & Johnson, LLP
821 Fifth Avenue South
Naples, Florida 34102
(239)261-9300
3/26/2013 16.D.4.
3855024 OR: 4855 PG: 2133
RECORDED in .OFFICIAL RECORDS of COLLIER COMM, FL
Oi/1512006 at 07 :53M DNIGHT B. EROCI, CLEU
COEs 126950.00
RIC $EE 18,50
DOC -.70 889.00
Retn:
CHEFFI USSIDOXO ET Al
021 5TH AYE "S #201
DIMPLES FL 31102
ove thic line i'nr +'Prnrdi� [1R1A1
WARRANTY IJ :Fn
THIS WARRANTY DEED, made the .x_& day of May, 2006, by PJM Limited Partnership, LLLP, a
Florida limited liability limited partnership, whose post office address is 699 Fifth Avenue South, Naples, FL
34102 (singularly or collectively "Grantor "), to Denise D. Lounsbury, a single person, whose post office address
is 4397 Beechwood Lake Dr,, Naples, FL 34112 (singularly or collectively "Grantee"):
(Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and the
heirs, legal representatives, successors and assigns of individuals, and the successors and assigns of
corporations)
WITNESSETH: That the Grantor, ft�rhg° ccn
valuable considerations, receipt of whic y- atclZs
releases, conveys and confirms unto th e all that c
"Property" ):
Unit 34£14 �
Botanical Place, a �*ndornmi a o
Official Records Book 3399 h
n the exclusive use of Carp
TOGETHER with all the tf¢'` ents, hereditaments
TOGETHER with appertain 7 r', res, including 61 washer, dryer, ceiling fans, wall -to- l ting and wine
mentioned above.
4r1E C
TO HAVE AND TO HOLD, the same in fee simp a fot
of the sum of Ten Dollars ($10.00) and other
eteby grants, bargains, sells, aliens, remises,
t;4 s uated in Collier County Florida, viz (the
in
thereto belonging or in anywise
-s, refrigerator, stove, dishwasher,
located at the property heretofore
SUBJECT TO LIEN in favor of Collier County, contained in Agreement for Deferral of 140% of Collier
County Impact Fees For Owner Occupied Affordable Housing Units recorded in Official Records Book 3975,
Page 2243, of the Public Records of Collier County, Florida which Grantee assumes and agrees to pay; and other
terms and conditions contained in Agreement Authorizing Affordable Housing Density Bonus and Imposing
Covenants and Restrictions on Real Property; and
FUTHER 'SUBJECT TO LIEN in favor of Collier County as set forth in Section 2.06.44 of the Collier
County Land Development Cade, which provides that if Grantee, or Grantee's heirs, legal . representatives,
successors or assigns, sells the Property within 15 years from the date of this Warranty Deed at a sales price
which is in excess of five percent (5 %) per year of Grantee's original purchase price, then Grantee shall pay to
Collier County an amount equal to one -half (1/2) of the sales price in excess of the five percent (5%) increase per
year.
AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in
fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor
hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons
whomsoever; and that said land is free of all encumbrances, except taxes for the current and subsequent years,
zoning and use restrictions imposed by governmental authority, restrictions and easel~nents common to the
subdivision, and outstanding oil, gas and mineral interests of record, if any.
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3/26/2013 16.D.4.
OR; 4055 PG; 2134 * **
Warranty Deed
Page 2 of 2
IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year fust above
written.
Signed, Sealed and Delivered as
to Each Grantor in the Presence of:
PJM Limited Partnership, LLLP, a Florida limited
liability limited partnership
By: McC 's, Inc., lon.ac rporat ion, as General
Partner [I / /J
Witness Name:
0 o to ea; �
State of Florida
County of Collier,
The foregoing instrument was acknowledges nie,sL day of 2006 by Philip J.
McCabe, President of McCabe's, Inc., a Florida corpora ion, as General Partner, 6t PJM Limited Partnership
LLLP, a Florida limited liability limited partnership on behalf q the corporation and the partnership. He is
personally known to me or L1 has produced / / /% as *ntjf cation.
[Notary Seal] ON LCUO ,a Notary Public % /
�► „/•n 000 �'I L . o.-nb
F„a„a,�,,,,a �, 2ooe Printed Name: /7S U
My Commission Expires: h /
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