Agenda 03/13/2012 Item #16D33/13/2012 Item 16.D.3.
EXECUTIVE SUMMARY
Recommendation to approve 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.
OBJECTIVE: Approve one (1) release of 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. 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 year " (emphasis added).
Purchase Date
Purchase Price
Sold Date
Sold Price
June 7, 2006
$137,134.11
January 6, 2012
$57,500.00
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
Payoff Amount
Public Record
Graciela M. Wright
Affordable Housing Density Bonus
$0
OR Book: 4050 PG:
4149
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: Approve and authorize the Chairman 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: Kimberley Grant, Interim Director, Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3.
3/13/2012 Item 16.D.3.
Item Summary: Recommendation to approve 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.
Meeting Date: 3/13/2012
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Services
2/1/2012 2:29:14 PM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Services
Name: DoriaPriscilla
2/1/2012 2:29:16 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 2/14/2012 3:33:50 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 2/14/2012 10:19:20 PM
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 2/22/2012 2:45:46 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 2/28/2012 10:01:07 AM
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Name: KlatzkowJeff
Title: County Attorney
Date: 2/29/2012 4:12:59 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/5/2012 1:20:48 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/5/2012 2:02:03 PM
Name: OchsLeo
Title: County Manager
Date: 3/5/2012 2:20:25 PM
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3/13/2012 Item 16.D.3.
3/13/2012 Item 16.D.3.
Prepared by:
Priscilla Doria
Collier County
Housing, Human & Veterans Services Dept
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 Affordable Housing
Density Bonus Development Agreement executed by Graciela M. Wright to Collier County, recorded
on 06/07/2006 in Official Records Book 4050, Page 4149, 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:
Unit 3105, Botanical Place, a condominium, according to the Declaration of Condominium,
recorded at Official Records Book 3933, Page 2592, of the Public Records of Collier County,
Florida.(4510 Botanical Place Circle, Unit 105, Naples, FL 34112)
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.
Dated this day of , 2012.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal iciency:
Jef right
AssihpAt County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
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* *"* OR 4754 PG 2540 **
EXHIBIT "A"'
CERTIFICATE OF APPROVAL
3/13/2012 Item 16.D.3.
This is to certify that MichacI Inman Trust has been approved by Botanical Place Condominium
Association, inc. (Board of'Directors), as the purchaser.'owner of the following writ:
Building ltiumber4519 Botanical Place Circle #105, Botanical Place, a Condominium, according
to the Declaration thereof, as recorded in Official Records Book 39333 Page 259Z, as thereafter
amended, of the Public Records of Collier County, Florida..
With the following stipulations, any balance dac_to- I3.gtanical Place Condominium Association, Inc.
must be remittal at closing to the Associatf[j" -
Y.
Such approval has been given purr 6 the provisions at Lration and Relating Onverning
Documents.
C, ndomininm Association, Inc.
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was act! ovcdedged bcfare me this
day aflanuary, by
r of Botanical Place
Condominium Association, I w o is personally known to me s produced
of the association. a e executed the document on behalf
(NOTARY SEAL/STAMP)
ataxy P is Signature
=Public Stall of Fbrida l�lotary Public Prim Name
on D076t676 not2 Commission Bxpires:
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INSTR 4646501 OR 4754 PG 2539 RECORDED 1/11/2012 12 :16 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC @.70 5402.50 REC $18.50
CONS 557,500.00
I OF2_
PREPARED BY AND RETURN TO:
EILEEN MONROE
Members Title Agency, LLC
6809 E. Hillsborough Avenue, Tampa, FL 33610
File Number 01.30524
ParcellDH: 24680901068
51, 5390 WARRAATYDEED
(Corporate)
This Warranty Deed, dated this 5th 'day ofJanuary, 2012
By SUNCOAST SCHOOLS FEDERAL CREDIT UNION
3/13/2012 Item 16.D.3.
a federally chartered Credit Union existing under the laws of the United States of America,
whose post office address is: 6801 E. Hillsborough Avenue, Tampa, FL 33610 hereinafter called the GRANTOR,
TO MICHAEL P. INMAN, INDIVIDUALLY AND AS TRUSTEE OF THE MICHAEL P. INMAN
TRUST
whose post office address is: 4715 Pinehaven Drive, Saginaw, MI 48638 hereinafter called the GRANTEE,
J-h + Mad►Weis On - MAWr0lr-dYAAXTW WwdaW Unpx amud"iraa &W**Wm kpi j W ^ iz KaW mj"ariadnidwb..ed on uaxws aloud[ +otmym "oa)
WITNESSETH, that the Grantor, for and in consideration of the sum of 510.00 and other valuable considerations, receipt whereof is
hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases conveys, and confirms unto the Grantee, all that certain
land situate in Collier County, Florida, viz
Untt3105 of BOTANICAL PS.ACE, a Condominium according to the Declaration of Condominium thereof recorded in
011icial Records Book 3933, page 2593, of the Public Records of Collier County, Florida, and all amendments thereto, together
with its undivided share in the common elements.
EXHIBIT "A" ATTACHED -COA CERTIFICAI'}t09iRAi;�
The named trustee is vested with thelull over and authority et#herto protect, conserve and to sell, or to
lease or to encumber or otherwise tb mgnij ". d dispose:>x#'the rival pkoperty described in this
instrument pursuant to Florida Statute PTQ- ¢8,9aI3.'
TV
'+
SUBJECT TO covenants, conditions, restrtttion ttisery tio6simit tii;�c ,;and egreements of record, ifany; taxes and
assessments for the year 2022 and subsequegt ydats tang atipirii ni4 --- tinixm:e� and/or restrictions and prohibitions
imposed by governmental authorities, if an} t
TOGETHER with all the tenements, hereditat ;and appurtenances t eitq�ilon�iinng or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee sim�its eYar ` i.�
hrc ,
AND THE GRANTOR HEREBY covenants with said Gi'iiaL�stas above noted, 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.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name by its proper officer and its corporate seal to be
affixed, the nd year set forth above.
Signed s ....-.--"—ence of
SUN OLS FEDERAL CREDIT UNION
Witness By
ENN1FEfi CL OVERSETfLE JAMES K I O , JR
Senior Vice resident -Loss and Risk Mitigation
Aileen Monroe
Print Witness' Name
STATE OF: FLORIDA
COUNTY OF: HILLSBOROUGH
The foregoing instrument was acknowledged before me this 6th day of January, 2012, b
JAMES K. SIMON, JR. as Senior Vice President- Loss and Risk Mi!(gatlon of COAST SCHOOLS FEDERAL CREDIT
UNION, a federally chartered Credit Union existing under the laws of the Unite t f America, individuals) who islare
personally known to me or who hos(vc) provided driver's license as identi[I. �o did take an oath.
(Seat)
n, 4
EILEEN MONROE
tr NO Public - SHtt of florida
t My Comm. Expires Jun 5, 2014
Commission Y DD 991921 My
%ended Through Intienal khuy Assn.
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0
3/13/2012 Item 16.D.3.
3851819 OR: inn rv: i10 - ---
RECORDED in 0111CIAL RECORDS of COLLIER COUNTY, FL
66/07 /2006 at 12:5111M DWIGHT E, BROCK, CLERK
REC 111 10.00
Prepared by and to he returned to: RetD:
Lauren Beard curry PASSIDOKO IT AL
Collier County Operational support & Housing 221 5TH AVI S #201
2900 N. Horseshoe Dnve, #400 NAPLES FL 34102
Naples, FL. 34104
LIEN
As required by Section 2.06.04,(A)(9) of the Collier County Land Development Code ( "LDC'), I,
Graciela M. Wright, as Grantee, do hereby acknowledge that 4510 Botanical Place, Unit 105, Naples,
Florida, 34112, more particularly described as Unit 3105, 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 "Property ") and rev yed by PJM Limited Partnership, LLLP, a
Florida limited liability limited partnership as Grantor one, 2006 („Original Purchase Date "), is
subject to an Affordable Housing Density Bonus Development 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 et seq, of the LDC as an
incentive to construct affordable housing units on the Property.
I further acknowledge the terms and conditions of this Agreement and through this lien
instrument agree to the following:
1. In the event the I, 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 $137,134.11, 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 percent increase er_year. --- .,
2. It is a violation of Section Z �61>;1 e LDC't"Oig* 1 or occupy, or attempt to rent, sell or
occupy an affordable housing rentiil<unit amder the Affordable, I3fsus g Density Bonus Program except as
specifically permitted by the ,t'erm�s' 0— Seoti4n 2.06.00, or ta, kn�twingly give false or misleading
information with respect to any info4ma$9ot�gquirgd ro t'&q ested by tht County Manager or his designee
or by other persons pursuant t¢ the/4*tpiityAmidi 44 sled to tliem by Section 2.06.00.
3. Violation of any pr -v)sw
enforcement as set forth in Se ti�pin
the LDC.,
punishable through criminal
forth in Section 2.06.06(D) of
\_ 1,' �
r.'
ICI WITNESS WHERE , iihb aid Grantees have" pd d sealed these presents this
day of C LP 2006
7 �Ss: L
By:
Prin Name: hZZ bey VDU Graciela M. Wright
r1 t Name:
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this.2 day opil 2006, Graciela M.
Wright, who {_j are personally kno to or �— produced
LN . D ti.���St J. M u i ._as proof of iden
(affix notarial seal)
(Signatu of Notary Public)
KRISTt LYNN UNKRICH
? ac Notivy Pubk • Stale of Florida
* � 1 Cortarrbaion EapOw Mar 16.2009
Cdnniaaion a Do 390210
aandad
BY N"WWI Nobry A=n,.
(Print Name of Notary Public)
Serial I Commission #:
My Commission Expires:
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