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Agenda 10/23/2018 Item #16D1010/23/2018 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign one (1) release of lien for an Affordable Housing Density Bonus agreement and subordination agreement for a unit which is no longer subject to the terms of the agreement. OBJECTIVE: To support the affordability of housing through the Affordable Housing Density Bonus Program. CONSIDERATIONS: Pursuant to Section 2.06 et seq. of the Collier County Land Development Code (LDC), the Affordable Housing Density Bonus Program seeks to provide an incentive to developers to construct affordable housing units in Collier County. Resolution 05-235/Development Order No. 05-01 implements Section 2.06 of the LDC at Ave Maria development. Mr. Moonan purchased property in Ave Maria subject to Resolution 05-235/Development Order No. 05- 01, Section 1.E., which requires that all low-income owner-occupied housing units must be deed restricted for five (5) years from the date of purchase. Resolution 05-235/Development Order No. 05-01, Section 1.E states: "E. Low income owner-occupied housing. All units offered for sale in this category shall be subject to a deed restriction that if the buyer sells the unit within five (5) years from the date of purchase, the sales price shall be limited to the initial sales price plus a five percent (5%) per year increase, the buyer’s closing costs and verifiable cost of any improvements.” The following table details the release of lien and subordination agreement associated with this request. Name Purchase Date Purchase Price Sold Date Sold Price Payoff Amount Public Record Moonan, Thomas 01/23/2008 $165,900 8/3/2018 $140,000. $0 OR4323/PG2089 OR5078/PG3421 Mr. Moonan purchased his Middlebrooke Townhome in January 2008 and sold his owner-occupied home in August 2018. He remained in his home for ten (10) years and did not sell within the first five (5) years so has no financial obligation to the County. FISCAL IMPACT: There is no pay-off associated with this release as the homeowner met and exceeded the terms of the lien. GROWTH MANAGEMENT IMPACT: The Affordable Housing Density Bonus Program assists the County in reaching some of the goals and objectives of the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote for Board approval. -JAB STAFF RECOMMENDATION: Approve and authorize the Chairman to sign one (1) release of lien for an Affordable Housing Density Bonus agreement and subordination agreement for a uni t which is no longer subject to the terms of the agreement. 16.D.10 Packet Pg. 1221 10/23/2018 Prepared By: Susan Golden, Sr. Grant and Housing Coordinator, Community and Human Services Division ATTACHMENT(S) 1. AHDB Lien (PDF) 2. Subordination AHDB (PDF) 3. CAO stamped initialed AHDB RoL Moonan (PDF) 16.D.10 Packet Pg. 1222 10/23/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.10 Doc ID: 6890 Item Summary: Recommendation to approve and authorize the Chairman to sign one (1) release of lien for an Affordable Housing Density Bonus agreement and subordination agreement for a unit which is no longer subject to the terms of the agreement. Meeting Date: 10/23/2018 Prepared by: Title: – Community & Human Services Name: Susan Golden 09/26/2018 3:21 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 09/26/2018 3:21 PM Approved By: Review: Community & Human Services Cormac Giblin Additional Reviewer Completed 10/01/2018 2:13 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 10/03/2018 4:54 PM Public Services Department Kimberley Grant Level 1 Reviewer Completed 10/03/2018 5:20 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 10/04/2018 10:08 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/04/2018 4:17 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/09/2018 8:22 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/09/2018 2:39 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/09/2018 3:17 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/10/2018 10:36 AM Budget and Management Office Ed Finn Additional Reviewer Completed 10/11/2018 10:37 AM County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 10/15/2018 10:35 AM Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM 16.D.10 Packet Pg. 1223 16.D.10.a Packet Pg. 1224 Attachment: AHDB Lien (6890 : Release of Llien for an Affordable Housing Density Bonus) 16.D.10.a Packet Pg. 1225 Attachment: AHDB Lien (6890 : Release of Llien for an Affordable Housing Density Bonus) 16.D.10.b Packet Pg. 1226 Attachment: Subordination AHDB (6890 : Release of Llien for an Affordable Housing Density Bonus) 16.D.10.cPacket Pg. 1227Attachment: CAO stamped initialed AHDB RoL Moonan (6890 : Release of Llien for an Affordable Housing Density Bonus)