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Agenda 05/08/2012 Item #16D 35/8/2012 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve (1) Modification to Lien Agreement for the Disaster Recovery Initiative Single Family Rehabilitation Program to reflect the true grant amount awarded. OBJECTIVE: Amend an existing Lien Agreement for a Disaster Recovery Initiative Single Family Rehabilitation program participant to reflect the correct grant amount awarded, and record same in the public records. 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), formerly known as, 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. 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. DRI income qualified homeowner, Carlos Vallejo, signed a Single Family Rehabilitation Assistance Program Agreement and Lien Agreement for single family rehabilitation assistance not to exceed the amount of Fifty Thousand and 00 /100 dollars ($50,000.00), which was recorded on April 19, 2010, in OR Book 4557, Page 3072; however, the homeowner only received Eight Thousand Four Hundred Eighty and 00 /100 dollars ($8,480.00). Approval of this item will authorize the Chairman to sign the aforementioned Modification of Lien which will be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The recording fee of $18.50 will be paid from MSTD General Fund (111 - 138759). The DRI II grant is closed out and no further disbursements are allowed. LEGAL CONSIDERATIONS: This item is legally sufficient for Board action and requires a majority vote for Board action. -JBW GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Approve and authorize the Chairman to sign the Release of Lien and authorize the County Manager or his designee to record same in the official records of Collier County. Prepared By: Kristi Sonntag, Manager, Federal and State Grants Housing, Human and Veteran Services Packet Page -980- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3. 5/8/2012 Item 16.D.3. Item Summary: Recommendation to approve (1) Modification to Lien Agreement for the Disaster Recovery Initiative Single Family Rehabilitation Program to reflect the true grant amount awarded. Meeting Date: 5/8/2012 Prepared By Name: CarrLisa Title: SHIP Program Coordinator 4/3/2012 2:20:56 PM Submitted by Title: Interim Director, HHVS Name: GrantKimberley 4/3/2012 2:20:58 PM Approved By Name: SonntagKristi Date: 4/5/2012 9:17:18 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 4/8/2012 6:37:56 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 4/17/2012 9:26:40 AM Name: Ackerman-Maria Title: Senior Accountant, Grants Date: 4/17/2012 10:10:06 AM Name: CarnellSteve Packet Page -981- Title: Director - Purchasing/General Services,Purchasing Date: 4/17/2012 10:34:51 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 4/19/2012 4:52:22 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 4/23/2012 12:39:03 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 4/26/2012 6:03:13 PM Name: KlatzkowJeff Title: County Attorney Date: 4/27/2012 9:14:56 AM Name: OchsLeo Title: County Manager Date: 4/29/2012 8:09:37 PM Packet Page -982- 5/8/2012 Item 16.D.3. 5/8/2012 Item 16.D.3. Prepared by and to be returned to: Lisa Carr Collier County Housing & Human Services 3339 E Tamiami Trail Suite 211 Naples, FL. 34112 MODIFICATON TO LIEN AGREEMENT DISASTER RECOVERY INITIATIVE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM As provided by the APRIL 19, 2010 Lien Agreement and by the FEBRUARY 4, 2010 Disaster Recovery Initiative Single Family Rehabilitation Assistance Agreement ( "Agreement"), a copy of which is attached hereto, and recorded in Official Records Book 4557 page 3072, of Public Records of Collier County, Florida. I /We Carlos Vallejo, as Grantee (s), do hereby acknowledge that (East 75 ft of the West 150 ft of Tract 93, Golden Gate Estates, Unit No. 64, according to the Plat Recorded at Plat Book 7, Page 64 of the PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (PROPERTY ID NO. 39898920004) (the "Property "), is subject to this lien ( "Lien ") in favor of Collier County, Florida. This Modification to Lien Agreement is to update the Lien amount: ALL ORIGINAL TERMS APPLY. The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by s ethroughs. We further acknowledge the terms and conditions of this Lien, including the following: Fifty Thousand an nn1100 Doll X950 nnn nm Eight 1. The Lien secures the sure of �++�— _�� no��� �� �� �_ Thousand Four Hundred and Eighty 00 /100 Dollars ($8,480.00); and 2. The basis of the Lien is the Agreement attached hereto as attach Exhibit "A "; and The Lien shall bear a zero percent (0 %) interest rate; and 4. The Lien shall be released after five (5) years if the owner(s) has continued to occupy the home located on the Property as their principal residence; and 5. If prior to five (5) years the Property is transferred, sold, refinanced or no longer occupied by the owner(s), the principal shall be forgiven and subtracted by monthly amounts equal to 1 /60th of the amount listed in Section 1 of this Lien. The number of monthly amounts subtracted shall be from the date of the Agreement to the date of such transfer, sale, refinance or non - occupancy. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Packet Page -983- 5/8/2012 Item 16.D.3. IN WITNESS WHEREOF, the said Grantees have signed and sealed these presents this 'R", . day of LN 1 12012 I ESSES: � y Print Name: Eva Z. r 1� Print Name: /� Lfi" gel✓ STATE OF FLORIDA COUNTY OF COLLIER By: 0-0/ Carlos Vallejo The foregoing instrument was acknowledged before me this 29 day of Aloof C h , 2012, by .eA2105 V'S UA o , who are personally known to me or r tA produced LsC,sn Pe as proof of ide tity. (NOTARIAL SEAL) J (Signature of Notary Public) L i S.4 0,Zsy ■ " " "'• "•••'• "••• ■••• ■•••••••• ■•r (Print Name of Notary Public) LISA OIEN Gomm# DW78tM7 Serial /Commission #: ems 4/2 M12 My Commission Expires: �r Fbdit Notary Assn., Inc w.......■...■ .. ■.......... ■.■n. ■.■■■. ■ ■. ■ ■■n ATTEST: DWIGHT E. BROCK, CLERK IUN , Deputy Clerk Approved as to form and legal Sufficiency Jennifer ` B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA In FRED W. COYLE, CHAIRMAN Packet Page -984- 5/8/2012 Item 16.D.3. INSTR 4419360 OR 4557 PG 3072 RECORDED 4/19/2010 3:58 PM PAGES 2 DWIGHT E. BROCK Prepared by and to be returned to: COLLIER COUNTY CLERK OF THE CIRCUIT COURT Collier County Housing & Human Services REC $18.50 3301 E Tamiami Trail Building H Room 211 Naples, FL. 34112 LIEN AGREEMENT DISASTER RECOVERY INITIATIVE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SINGLE FAMII,Y REHABILITATION ASSISTANCE PROGRAM As provided by the FEBRUARY 4, 2010 Disaster Recovery Initiative Single Family Rehabilitation Assistance Agreement ( "Agreement's, a copy of which is attached hereto as Exhibit "A ", Uwe CARLOS VALLEJO, as Grantee(s), do hereby acknowledge that 2875 35114 AVE NE, NAPLES, FLORIDA 34120, more particularly described as (EAST 75 FEET OF THE WEST 150 FEET OF TRACT 93, GOLDEN GATE ESTATES, UNIT NO. 64,), ACCORDING TO THE PLAT RECORDED AT PLAT BOOK 7, PAGE 64 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (PROPERTY ID NO. 39898920004) (the "Property', is subject to this lien ( "Lien'D in favor of Collier County; Florida. We further acknowledge the terms and conditions of this Lien, including the following:: 1. The Lien secures the sum of Fitt Thousand and 00 /100 Dollars ($50,000.00); and 2. The basis of the Lien is the Agreement attached hereto as Exhibit "A "; and 3. The Lien shall bear a zero percent (0%) interest rate; and 4. The Lien shall be released after five (5) years if the owner(s) has continued to occupy the home located on the Property as their principal residence; and 5. If prior to five (5) years the Property is transferred, sold, refinanced or no longer occupied by the owner(s), the principal shall be forgiven and subtracted by monthly amounts equal to 1 /60a' of the amount listed in Section 1 of this Lien. The number of monthly amounts subtracted shall be from the date of the Agreement to the date of such transfer, sale, refinance or non - occupancy. IN WITNESS WHEREOF, the said Grantees have signed and sealed these presents this 19ti' day ofT 2010 , •r r /�u.LS i ._vim• STATE OF FLORIDA COUNTY OF COLLIER By: S V Car os Vallejo By: Th foregoing in gent was acknowledged before me this Ll� day of r. l 2010, by 1 ,,/going d 2 10 who LX 17 personally known to me or (_ produced as proof of identi . (NOTARIAL SEAL) r ( ture of No ryy Public) �- (Print Name of Notary Public) PRlscl�u ooRtA Serial /Commission #: Mn!'911, (.P Comm# M0891636 ° My Commission Expires: NC. J otdl ali/ j Expires 5/20/2013 •. •'hrda No'eryMan.. ]no ........................... ........ ».....:ii Packet Page -985- 5/8/2012 Item 16.D.3. Exhibit "A" ' COLLIER COUNTY HOUSING AND HUMAN SERVICES DISASTER RECOVERY INITIATIVE .! FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM AGREEMENT This Agreement is executed this 4m day of February, 2010 by CAR LOS OS VALLEJO ("Owner"), the undersigned and real property owner of a single - family home located at 7875 35- AVE NE NAPLS FLORiIDA 34120 ("Proper n, who has been awarded Single Family Rehabilitation Assistance not to exceed the amount of FIE Y THOUSAND AND 00 /100 d DOLLARS ($50.000.001 ( "Assistance") through Collier County from the Florida Department of Community Affairs' Disaster Recovery Initiative. By signing this document, Owner, to the fullest extent permitted by laws and regulations, holds harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, dir=t, indirect, or consequential (including, but not limited to, fees and changes of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the work. Owner agrees to execute a Disaster Recovery Initiative Florida Department of Community Affairs Single Family Rehabilitation Assistance Program Lien Agreement ( "Lien'). This Agreement shall be attached to Lien as Exhibit "A ". Owner acknowledges that the amount of Assistance will be secured by a Lien against the Property. The Lien will be a Deferred Payment Loan, bear a zero percent (M) interest rate and shall be non - amortizing. The Lien shall be released after five (5) years if Owner continues to occupy the Property a principal residence. If prior to five (5) years the Property is transferred, sold, refinanced or no longer occupied by Owner, the principal shall be forgiven and subtracted by monthly amounts equal to 116e of the amount Assistance. The number of monthly amounts subtracted shall be from the date of this Agreement to the date of such transfer, sale, refmanee or non - occupancy. IN WTI'NESS WHEREOF, said Owner has executed this Agreement effective the date and year first above written. r A , STATE OF FLORIDA COUNTY OF COLLIER By: \o t Carlos Vallejo By: Tip< foregoing ent was acknowledged before me this ��� day of 2010, by Q /�D'S i�4, 9 who [l-] are personally known me or L� produced as proof of identity. (NOTARIAL SEAL) ..... .. « « «...........«««««.«...... « = . (Si of Notary hc) = PRISCILLA DORM /�ri � I ComlfdRDDO69ta36 = (Print Name of Notary Public) le, i EXPk" V,&Zls i Serial / Commission #: IJA t) My Commission Expires: l 'u.fttpftkllt /fpMlplp.p /1Wfp /11 - Packet Page -986-