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Agenda 02/28/2012 Item #16D12/28/2012 Item 16.D.1. EXECUTIVE SUMMARY Recommendation to sign one (1) release of lien and provide for an overpayment refund for the Disaster Recovery Initiative Single Family Rehabilitation Program since repayment in full has been provided to Collier County. OBJECTIVE: Release a lien and approve overpayment compensation for a Disaster Recovery Initiative Single Family Rehabilitation program participant in accordance with the program's administrative plan CONSIDERATIONS: The Disaster Recovery Initiative (DRI) grant #08DB- D3- 09- 21- 01 -A03 is a federally - funded grant program through the Florida Department of Economic Opportunity (DEO), FKA, Florida Department of Community Affairs (DCA) administered by Collier County. An established activity with this grant is to provide funding to income qualified homeowners to assist in the repair of storm - related damage or to mitigate against future storm- related damage to their homes. Collier County is no longer providing this type of funding under this program. Pursuant to the DRI Single Family Rehabilitation Administrative Plan, approved by the Board of County Commissioners on April 22, 2008, and recorded in Official Records Book 4361, Page 3103, a program participant executes a security instrument (lien) secured by the subject property for the amount of assistance being provided. If the assisted property is transferred, sold, refinanced or no longer houses the owner before five (5) years elapse, the principal is "forgiven" or subtracted from the principal balance in equal monthly amounts. DRI clients Melecio and Maria Garcia have sold their primary residence assisted by the program before the five (5) year period has elapsed. In their case the amount subtracted from the principal balance is 36 months at $156.78 per month ($5,644.08). The original principal of $9,407.00 minus $5,644.08 equals $3,762.92 as the balance due at closing. The participant submitted payment in the amount of $4,546.00 to implement the release of lien. The accurate amount due on the date of closing was $3,762.92. This resulted in an overpayment of $783.08 and a refund of the overpayment amount will be made to the participant accordingly. The following table details the funds paid from the participant on their behalf for the program. Name Security Amount Amount Overpayment Public Record Instrument Paid Owed Amount Melecio and Lien (DRI) $4,546.00 $3,762.92 $783.08 OR Book: 4516, PG: 332 Maria Garcia Approval of this item will authorize the Chairman to sign the aforementioned release of lien and the executed documents shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: DRI funds in the amount of $3,762.92 have been repaid and are considered program income. These funds will be used to offset the amount of the next drawdown for DRI grant agreement #08DB- D3- 09- 21- 01 -A03 between Collier County and the Department of Economic Opportunity. A separate check for $8.50 and $1.50 in cash was received from the clients to cover the recording cost of the Release of Lien. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. —JBW Packet Page -1431- 2/28/2012 Item 16.D.1. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Approve and authorize the Chairman to sign one (1) release of lien and approve an overpayment refund in the amount of $783.08 for a DRI Single Family Rehabilitation program participant. Prepared By: Lisa Oien, Grants Coordinator, Housing, Human and Veteran Services Packet Page -1432- 2/28/2012 Item 16.D.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1. Item Summary: Recommendation to sign one (1) release of lien and provide for an overpayment refund for the Disaster Recovery Initiative Single Family Rehabilitation Program since repayment in full has been provided to Collier County. Meeting Date: 2/28/2012 Prepared By Name: OieriLisa Title: Grants Coordinator,Housing, Human & Veteran Services 1/19/2012 8:31:28 AM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: OienLisa 1/19/2012 8:31:30 AM Approved By Name: Ackerman-Maria Date: 1/30/2012 10:12:10 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 2/1/2012 9:06:33 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 2/3/2012 11:40:23 AM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 2/3/2012 11:56:32 AM Name: WhiteJennifer Packet Page -1433- Title: Assistant County Attorney,County Attorney Date: 2/3/2012 4:55:32 PM Name: RamseyMarla Title: Administrator, Public Services Date: 2/13/2012 4:44:14 PM Name: WhiteJennifer Title: Assistant County Attomey,County Attorney Date: 2/14/2012 9:01:55 AM Name: KlatzkowJeff Title: County Attorney Date: 2/17/2012 9:37:46 AM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 2/17/2012 10:28:30 AM Name: OchsLeo Title: County Manager Date: 2/21/2012 4.44:08 PM Packet Page -1434- 2/28/2012 Item 16.D.1. July 15, 2011 To: L.A. Title Solutions Attn: Lucia Cotner CPv. M y Public Services Division Housing, Human & Veteran Services From: Collier County Housing, Human and Veteran Services Department Lisa Oien Re: Melecio and Maria Garcia File# DRI 05 -208 703 N. 18th Street Immokalee, FL 34142 Recorded on 12/07/2009, OR Book: 4516, Page 0036. 2/28/2012 Item 16.D.1. The payoff amount to satisfy the above mentioned property owner's lien with Collier County is: $4,546.00. This lien shall be released after five (5) years if the owner(s) has continued to occupy the home located on the property as their principle residence.' 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, 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 ggm. made payable to: Collier County Clerk of Court. Thank you, Lisa Oien , Grants Coordinator (239) 252 - 6141 -phone (239) 252 - 6493 -efax Housing, i` Human andtl Veteran ,'Services COW County 3301 East Tamiami Trail - Health Building - Naples, FL 34112 239 - 252 -CARE (2273) - 239 252 -HOME (4663) - 239- 252 -CAFE ' " " " "' """ "'" " ""^ ^'87) - 239 - 252 -VETS (8387) - www .volliiergov.net/humanservices Packet Page -1435- 2/28/2012 Item 16.D.1. INSTR 4370218 OR 4516 PG 332 RECORDED 12/7/2009 11!29 AN PAGES 2 DWIGHT E. @ROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC 518.50 Pr byetorKictrnedb: C011- CantyHooa t&Hw=SeWm 3301E 7uriani Trail SMI&SHRM0211 NROM FL 34112 LIEN ("eDCAMRI" ASSISTANCE PROGRAM) As provided by the fNowmUr 28, 2008) DRI Single Family Rehabilitation Assistance Agreement ("Agreemeal a copy of which is attached hereto as Exhibit A, Uwe Mele clo and Marts C mk as Grarrtee(s), do hereby acknowledge that (703 N 180 St Immmkalee, Florida 34142), more particularly described as (Rocky pines Ertotes unit One Lot 4 OR 1659 PG 593) (the "Property"), is subject to this lien ("Lien") in favor of Collier County, Florida. We fiuther acknowledge the terms and conditions of this Lien, including the following: I, Tire Lien secures the sum of/59407.91; 2. The basis of the Lien is the Agreement attached hereto as Exhibit A; 3. The Lien shall have a zero petce 4. The Lien shall be eel w . (5) years i s) has continued to occupy the home located on the Property th Principal residence; S. If the Property is fe Id houses the owner(s) before five (5) years elapses, the i balance in oqual monthl amounts, so that at n o of o cY (by at I one of the reclprerns f owned jointly), interest charged during the five years. e IN WITNESS WHEREO , day of 07-Ar— . 2009 , SSES. Print Narne: T amrllewc. Print Name: and sealed these presents this By '1= PP.a Eatfz'4 [Melecio Garcia] By: LA/1 � vrc. [Maria Garda) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this I ri day of Z6C , 20iQ.q by RC!(CCr'o Cxirnea and n who U are personally known to me or U produced _ . N!a as proof of identity. (affix notarial seal) �iQ �C�.7 e&x5 (Signature of Notary Public) A RL —« .......; (Print Name of Notary Pp lic) Serial I Commission #: DDO& 9 Q a Was 7"=1 a My Commission Expires: � r OI i _ Packet Page - 1436 - 2/28/2012 Item 16.D.1. * ** OR 4516 PG 333 * ** 0 9 COLLIER COUNTY HOUSING & H(JMAN SERVICES SINGLE FAMILY REPLACEMENT, ,ASSISTANCE AGREEMENT DRI DISASTER RECOVERY DMIATIVE CDBG COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Me Metecio and Maria Garcia_ the undersigned sad real property owner. of a single -family home located at: 703 N 10 Street lmmokalm F1 34142 has been awarded Single Family Rehabilitation Assistance is the amount of WHY Thousand Dollars and N01100 (S30,000,00) from the Department of Community Affairs and The Disaster Recovery Initiative Program. By signing this document, Uwe, to the fullest extent permitted by laws and regulations, hold harmless Collier County and their agents and employees from and ges, losses, and expenses, direct, indirect, or consequential (including, but not Hashed G Change end other professionals and court and arbitration costs) arising out of or rformance o c w rk. IIWe agree to execute a "DCA"D I/We realize that the amount named usly will be filed as a named Amle- family bome/property. The lien (mortgage) will be a Dcfe Loan and shall ha pet interest rate and shalt be non - amorti:3ag. It is forgiven after five (5) y to occupy the home as the principal residence. If the property is transferred, surd, n ouger houses the owner(s) beforeftve (S) years lapses, the amount of the Hen is due without interest as follows, For the five (5) year period, the principal is "forgiven" or subtracted from the principal balance in equal monthly amoumts. 3isn"Ums: Head ofHousdx) d Print or Type Full Name Date SPWW Print or Type Full Name Date 83CD8( i1Z 006t20G7 !'ROUFX.'ISISFNitIEFAMII.Y REHAB.dx Packet Page -1437- 2/28/2012 Item 16.D.1. LA Title Solutions, LLC SunTrust Escrow Account Daytona, `L:321, 101930 12/23/2011 TO HE Collier County BOCC ORDER $3,000.00 OF Description of charges: (506 -1) Lien Payoff - $3,000.00 File: 11 -0136 Buyer: Jose Noe Cortez Miranda Seller: Melecio Garcia; Maria Garcia Closer: Property Address: 703 N 18th Street, Immokalee, FL 34142 FILE COPY x LA Title Solutions, LLC SunTrust 1 Escrow Account ton Da FL 32119 , 1130 Lee Blvd. 101 930 Lehigh Acres, FL 33936 ACH RT: 061000104 Date (239) 368 -2444 63- 215/631 12/23/2011 Pay Three Thousand Dollars and No Cents $3,000.00 TO THE Collier County BOCC ORDER OF File: 11 -0 136 Packet Page -1438- , Void alller 90 days UfYya n 2128/2012 Item 16.D.1. EXPRESS HOME DELIVERY 1164 DBA SWFL LOSS MITIGATION SERVICES 63- 1F35A70 6680 8701 ST W UNrr 10 f ? i'� / i pp LEHIGH ACRES, FL 33871 r ULU Date Pay to the�' /rye- Order s-�-_� l f ra .Dollars 12 COMMUNITY NOW J 12 -29 -11 P12.20 1N For Packet Page -1439- i i I LA Title Solutions, LLC Escrow Account THE Collier County Clerk of Court ORDER OF File: 11 -0136 Buyer: Jose Noe Cortez Miranda Seller: Melecio Garcia; Maria Garcia Closer: Property Address: 703 N 18th Street, Immokalee, FL 34142 FILE COPY. 2/28/2012 Item 16. D.1. SunTrust Daytona, FL 32119 $8.550 Description of charges: Split - Deed Mortgage Releases - $8.50 101936 12/23/2011 LA Title Solutions, LLC Escrow Account Sun7rust 1130 Lee Blvd. Daytona; FL 32119 101936 Lehigh Acres, FL 33936 ACH RT:'061000104 Date (239) 368 -2444 63- 215/631 12/23/2011 Pay Eight Dollars and Fifty Cents $8.50 NE Collier County Clerk of Court Void after 90 days ORDER OF File: 11 -0136 ' I Packet Page -1440- ` - 2/28/2012 Item 16.D.1. Packet Page -1441- 2/28/2012 Item 16.D.1 Prepared by: Collier County Housing, Human & Veterans Services Department 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, is the owner and holder of a certain Lien executed by Melecio and Maria Garcia to Collier County, against property located in Collier County, to wit: - LOT 4, ROCKY PINES ESTATES, UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGE 44 PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. (Address: 703 N 18"' Street, Immokalee, FL, 34142) The Lien and Single Family Replacement Assistance Agreement were recorded on December 7, 2009 in Official Records Book 4516, Pages 332 -333, of the Public Records of Collier County, Florida. Collier County, a political subdivision of the State of Florid, by execution of this Release of Lien, acknowledges receipt of payment due under the terms of the Lien and Single Family Replacement Assistance Agreement. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County. Florida, acting through its Chairman, directs execution and recording of this Release of Lien, by action of the Board on this day of , 2012. 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: Jenrn`igr B. White Assistant County Attorney Packet Page -1442-