Agenda 11/08/2011 Item #16D1211/8/2011 Item 16.13.12.
EXECUTIVE SUMMARY
?"N Recommendation to approve and authorize the Chairman to sign a release of lien to satisfy ,an Affordable
Housing Density Bonus lien instrument recorded against a unit which 'is no longer subject to the terms and
conditions of the agreement
OBJECTIVE: To approve and authorize the Chairman to sign a release of lien to satisfy an Affordable Housing
Density Bonus lien instrument recorded against a unit which is no longer subject to the terms and conditions of the
agreement
CONSIDERATIONS: On October 25, 2006, a purchaser of an affordable housing unit subject.to the restrictions
imposed by the Affordable ,Housing Density Bonus (AHDB) program executed the required lien instrument
pursuant to Section 2.06.04(Ax9) of the Collier County Land Development Code (LDC). The lien is recorded in
Official Records Book 4128, Page 1779, of the Public Records of Collier County.
The AHDB program provides an incentive for the construction of affordable housing by allowing the developer to
seek additional density in exchange for committing to reserve a portion of housing units for income - qualified
purchasers. As a condition of receiving a benefit through the program, the initial purchaser must execute a lien
agreement that imposes the following financial restriction:
1. If, within fifteen years,, after the original purchase date, the property is sold at a sales price in excess of five
percent per year above the original purchase price, the seller shall pay Collier County an anvxmt equal to
one -half of the sales price in excess of the five percent increase per year
If, within fifteen years, the home is sold for less than the prescribed limit, the County is owed nothing.
Furthermore, if the home is sold for less than the original purchase price, the County also is owed nothing.
Pursuant to Section 2.06.00 et seq. of the Collier County LDC, Holly A. Pergola (Borrower) executed an AHDB
lien encumbering the property located at 4430 Botanical Place, Unit 103, Naples, Florida, 34112_ The following
table provides the original purchase transaction information, as well as the subsequent resale transaction
information.
Purchase Date
Original Purchase Price=
Resale Date
Resale Price
October 27, 2006
$137,158.27
1 June 20, 2011
$87 000.00
As detailed above; the borrower sold the property for less than the original purchase price. As such, there is no
repayment obligation to Collier County and a release of lien is required. The following table details the release of
lien associated with this item
FISCAL EWPACT• None.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and
is legally sufficient for Board action. This item requires a majority vote. — JW
STAFF RECOMMENDATION: To approve and authorize the Chairman to sign a release of Lien to satisfy an
Affordable Housing Density Bonus lien instrument recorded against a unit which is no longer subject to the terms
and conditions 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.12.
11/8/2011 Item 16.D.12.
Item Summary: Recommendation to approve and authorize the Chairman to sign a
release of lien to satisfy an Affordable Housing Density Bonus lien instrument recorded against
a unit which is no longer subject to the terms and conditions of the agreement.
Meeting Date: 11/8/2011
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Services
10/3/2011 8:52:29 AM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Services
Name: DoriaPriscilla
10/3/2011 8:52:30 AM
Approved By
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 10/4/20119:30:42 PM
Name: NelsonTona
Title: Administrative Assistant, Senior,Parks & Recreation
Date: 10/10/20119:23:51 AM
Name: NelsonTona
Title: Administrative Assistant, Senior,Parks & Recreation
Date: 10/10/2011 9:36:35 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 10/10/2011 10:15:42 AM
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Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 10/27/2011 8:17:41 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 10/27/20118:56:31 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 10/28/2011 2:26:35 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 11/1/2011 10:07:35 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/1/2011 11:45:58 AM
Name: OchsLeo
Title: County Manager
Date: 11/1 /2011 12:48:24 PM
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11/8/2011 Item 16.D.12.
11/8/2011 Item 16.D.12.
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 Lien executed by Holly A. Pergola to Collier County, recorded
on 10/27/2006 in Official Records Book 4128, Page 1779, 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 8103, 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.(4430 Botanical Place Circle, Unit 103, 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
n property.
Dated this day of , 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legalpsufficiency:
i'
Jeff E./Wright
Assisfant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
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Prepared by and to be returned to:
Buren Beard
Collier County Operational Support & Housing
2800 N. Horseshoe Drive, 0400
Naples, FL. 34104
LIEN
3 11/8/2011 Item_ 16.D.12.
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
10/21/2006 at 08:02AK DWIGHT E. BROCI, CLERI
RIC 111 10.00
Retc:
CHEFFI PASSIDOKO IT AL
821 57H AVE S 1201
NAPLES FL 34102
As required by Section 2.06.04.(A)(9) of the Collier County Land Development Code ( "LDC "), I,
Holly A. Pergola, as Grantee, do hereby acknowledge that 4430 Botanical Place, Unit 103, Naples,
Florida, 34112, more particularly described as Unit 8103, 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 conveyed by PJM Limited Partnership, LLLP, a
Florida limited liability limited partnership as Grantor on October -, , 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.
We further acknowledge the terms and 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 $137,158.27, 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
tER co
2. It is a violation of Section t e LD l I or occupy, or attempt to rent, sell or
occupy an affordable housing rents under the Affordable g Density Bonus Program except as
specifically permitted by the e n 2.06.00, or knringly give false or misleading
information with respect to an infirm qul or a nested th County Manager or his designee
or by other persons pursuant to thg emliy Section 2.06.00.
3. Violation of any pr
enforcement as set forth in S I�q
the LDC.
IN WITNESS WE
day of 2006
WITNESSES:
tl
Print Name: kruS u.dca't-r C
i
Print Name:
STATE OF FLORIDA
COUNTY OF COLLIER
ti
h said Grantees have
�iE CSC
punishable through criminal
forth in Section 2.06.06(D) of
sealed these presents this As-
By:
Holl . Pergola
The foregoing instrument was acknowledged before me this r� 5 day of October, 2096, Holly A.
Pergola, who f I is personally known to me or [_produced *I as
proof of identity.
(affix notarial seal)
(Signatu otary u
(Print Name of Notary Public)
ffm Serial / Commission #:
UNKRICH My Commission Expires:
of Florida s Maz 18, 2009 X0210 plaly/yM,
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11/8/2011 Item 16.D.12.
co ler County
Public Semites DhAsion
Housing, Human & Veteran Services
MEMORANDUM
DATE: December 20, 2010
TO: Noble Title & Trust
FROM: Collier County Housing, Human & Veteran Services
Frank Ramsey; Manager— Housing Development
RE: Holly A. Pergola
4430 Botanical Place
Unit 103
Naples, Florida 34112
To Whom It May Concern-
Pursuant to Section 2.06.00 et seq. of the Collier County Land Development Code (LDC), Holly A. Pergola
(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 of 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 $137,158.27, 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" (emphasis added).
If the borrower elects to sell the property for less than the original purchase price, there is no
repayment obligation to Collier County. The Board of County Commissioner must execute all releases of
lien.
Based upon the Board's schedule the soonest a release of lien may be presented for this Borrower is
January 2011. Please advise our office if you would like us to process a release of lien. We will require
proof that the home was sold for less than the original purchase price.
Sincerely -
Frank Ramsey
Manger — Housing Development
CC: Priscilla Doria
SHIP Loan Processor
Housimz. ,
H t.(man 'llldj
Veteran Services
air
of Ca74er County
3339 Tamiami Trail East. Suite 211 • Naples. FL 34112 -5361
239- 252 -CARE (2273) • 239 252 -HOME (4663) • 239 - 252 -CAFE Packet Page -1012- "7) • 239 -252 -VETS (8387) * www :colliergov.net/humanservices
11/8/2011 Item 16.D.12.
o per County
Pudic Services Division
Housing, Human & Veteran Services
DEBT PAYOFF LETTER
DATE: December 20, 2010
TO: Noble Title & Trust
Delphine Couchman; Sr. Marketing & Closing Consultant
FROM: Collier County Housing, Human & Veteran Services
Frank Ramsey; Manager— Housing Development
RE: Holly A. Pergola
4430 Botanical Place
Unit 103
Naples, Florida 34112
Pursuant to the Security Instrument(s) executed by the above caption borrower, the following
amount(s) will satisfy in full the terms of assistance provided by Collier County to borrower:
Security Instrument Type
I Official Records Reference
I Payoff Amount
Affordable Housing Density Bonus
I OR 4128 PG 1779
1 $0.00
Payment, if owed, should be made to "Collier County Board of County Commissioners" and delivered to
the following address:
Collier County
Housing, Human and Veteran Services
Attn: Priscilla Doria
3339 Tamiami Trail E., Suite 211
Naples, Florida 34112
If you have any questions please feel free to contact Priscilla Doria at 239 - 252 -5312.
Sincerely-
Frank Ramsey
Manger — Housing Development
CC: Priscilla Doria
SHIP Loan Processor
HOLtS 11g,
H andtj
Vetteeran,.Ser ics
�� 6i (i0311Ef ('.pUASy
3339 Tamiami Trail East. Suite 211 • Naples. FL 34112 -5361
239 - 252 -CARE (2273) - 239 252 -HOME (4663) - 239 - 252 -CAFE packet Page - 1013 -'7) • 239- 252 -VETS (6387) • www .colliergov.net/humanservices
,**—\
DOC @.7_0_5609.0_0_ REC $10.00
* ** INSTR 4576151 OR 4693 PG 1089 RECORDED 6/20/2011 9:04 AN 11 /8/2011 Item 16. D.12.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY
DOC @.70 $609.00 REC $10.00
CONS $87,000.00
This Document Prepared By and Return to:
Joshua D. Rudnick
CONROY, CONROY 6 DURANT, P.A.
2210 Vanderbilt Beach Road, Suite 1201
Naples, Florida 34109
Pareel ID Number. 24680903422
Warranty Deed
This Indenture, Made this /3M day of June , 2011 A.D., Between
Holly A. Pergola a /k /a Holly Pergola- Cunningham, a married woman,
joined by husband, Todd Cunningham
or the County or COLLIER , State of Florida , grantors, and
Igor Tchebotarev and Helen Mihailovich, husband and wife, as tenants
by the entirety
whose address is: 4430 Botanical Place Circle, #103, Naples, FL 34112
of the County of Collier , state of Florida , grantees.
W itnesseth that the GRANTORS, for and in consideration of the sum of
- ----------- ----- - - - - -- -TEN DOLLARS ($10) -- --------------- - - - - -- DOLLARS,
and other good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have
granted, bargained and sold to the said GRANTEES and GRA successors and assigns forever, the following desrnbed land, situate,
lying and being in the County of Collier �j� �i� L} A of Florida to wit:
Unit 6103, Botanical Pla ondo i'itsu>��ecccording to the
Declaration of Condomirix" ereof as rec34�6d in Official Records
Book 3933, page 2592, as , of the pub1� Records of Collier
County, Florida. j -` '`�� \ `
Subject to real prop
zoning, building cod
governmental authori
record, if any; res
the subdivision.
Together with all tenem
belonging or in anywise
e year of closing;
imposed by
mineral interest of
easements common to
appurtenances thereto
To Have and to Hold, the same i'n 7feg'simple forever. o
1laa��7Y
and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons wllototvtt.
In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above written.
SjgFFgd, sealed and delivere in our presence:
/ � /aPg'ZZ6& 'r �- (Seal)
Printed Name: Rebecca Pagcut Holly A. Pergola a /k /a Holly
Witness Pergola- Cunningham
D _ P.O. Address: 1927 Blackstone Circle, NAPLES, FL 34109
(Seal)
rinted Name: Jc,CIY an K- Todd Cunnin
Witness P.O. Address: 1927 Blackstone Circle, NAPLES, FL 34109
STATE OF Florida
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me this /J"4 day of June , 2011 by
Holly A. Pergola a /k /a Holly Pergola - Cunningham, a married woman,
joined by husband, Todd Cunningham
who are personally known to the or who have produced their Florida driv 1 S I —enssee as identifcati
r was dOUYKVMAERBILT
_ MYCOtMS40NIEE062106
ExPoPES:.tamnly to.2ou P rated Name:
:-'t� teeln.,wa.rt�eetaerrr- *• . } --•, Public
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