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Agenda 12/12/2017 Item #16D1212/12/2017 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign one (1) release of lien for an Affordable Housing Density Bonus Agreement for a unit sold which is no longer subject to the terms of the agreement. OBJECTIVE: To support housing affordability through the implementation of the Affordable Housing Density Bonus Program. CONSIDERATIONS: Pursuant to Section 2.06.00 et seq. of the Collier County Land Development Code (LDC), Rebecca D. Christopher (Borrower) executed an Affordable Housing Density Bonus (AHDB) Agreement lien encumbering her property at 4440 Botanical Place #404, Naples, FL. The AHDB program seeks to provide an incentive to construct affordable housing units in Collier County. Regarding the financial commitment of the Borrower to the 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 $126,970.16, 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 (5) percent increase per year” (emphasis added). Purchase Date Purchase Price Sold Date Sold Price September 7, 2006 $126,970.16 January 23, 2017 $155,000 The borrower sold the property for less than a sales price “in excess of five percent per year of the original purchase price.” In this case, the property was sold for less than the five percent per year increase and the County, therefore, does not receive a payment. The following table details the release of lien associated with this item. Name Security Instrument Payoff Amount Public Record Rebecca D. Christopher Affordable Housing Density Bonus $0 OR Book: 4109 PG: 0304 Release of this lien is in accordance with previous releases, and current LDC and Density Bonus Program provisions. As part of the Community Housing Plan implementation, staff is reviewing these provisions with respect to future amendments providing longer-term affordability. FISCAL IMPACT: There is no Fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -JAB STAFF RECOMMENDATION: To approve and authorize the Chairman to sign one (1) release of lien for an Affordable Housing Density Bonus Agreement for a unit sold which is no longer subject to the terms of the agreement. Prepared By: Susan Golden, Senior Grants and Housing Coordinator, Community and Human Services Division 12/12/2017 ATTACHMENT(S) 1. Release of Lien Christopher Botanical Pl (DOCX) 2. AHDB Lien 972006 RChristopher (PDF) 12/12/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.12 Doc ID: 4228 Item Summary: Recommendation to approve and authorize the Chairman to sign one (1) release of lien for an Affordable Housing Density Bonus Agreement for a unit sold which is no longer subject to the terms of the agreement. Meeting Date: 12/12/2017 Prepared by: Title: – Community & Human Services Name: Susan Golden 11/20/2017 2:37 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 11/20/2017 2:37 PM Approved By: Review: Public Services Department Kimberley Grant Additional Reviewer Completed 11/20/2017 6:39 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 11/21/2017 10:05 AM Community & Human Services Cormac Giblin Additional Reviewer Completed 11/27/2017 10:12 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 11/27/2017 10:25 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 11/28/2017 9:36 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 11/28/2017 10:08 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/28/2017 10:32 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/28/2017 11:32 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/28/2017 3:30 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 11/29/2017 2:51 PM Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM Prepared by: Susan Golden Collier County Community and Human Services 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 Lien Agreement for Affordable Housing Density Bonus (the "AHDB Lien") executed by Rebecca D. Christopher to Collier County, recorded on 09/07/2006_ in Official Records Book 4109, Page 0304, of the Public Records of Collier County, Florida, in consideration of $0.00, receipt of which is hereby acknowledged does satisfy, remise, release, quitclaim, exonerate and discharge the Affordable Housing Density Bonus Agreement against the premises conveyed by said AHDB Lien and more particularly described as follows: UNIT 404, BUILDING 7, BOTANICAL PLACE, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN OFFICIAL RECORDS BOOK 3933, PAGE 2655, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. The undersigned is authorized to and does hereby satisfy and 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. This Release of Lien was approved by the Board of County Commissioners on - _______________________, 2017, Agenda Item Number____________. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: ____________________________ By: ____________________________ , Deputy Clerk Penny Taylor, Chairman Approved as to form and legality: ____________________________ Jennifer A. Belpedio Assistant County Attorney Prtp.d by rpd rob w mN la 4urm Burd Collar Counry oreraltond seppoa X 11.i, 2900 N. 11.7h. INNe,#400 Nxpl.,FL ills *** 3909127 OR: 4109 PG: 0304 AICOIDID is DRIOIAL HCOADS of OLLI11 COMP, PL 09/21/7006 at 01:51I1 DIICIf 1. SIOCI, CLI1I AIC !It 20.00 Aetn; Clint DINDON If AL 121 HA 1110 0201 IAPLII IL 94102 LIEN As required by Section 2.06.04.(AH9) of the Collier County Land Development Code ("LDC"), 2, Robecc , D, Christopher, as Grantee, do hereby acknowledge that 4440 Botanical Place, Unit 404, Naples, Florida, 34112, more particularly described as Unit 7404, 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(Ihe "Property") and Convey b jfvl Limited Partnership, LLLP, a Florida limited liability limited partnership as Grantor on Ay�is 1006 ("Original Purchase Date"), is subject to an Affordable Housing Dons lty Bonus Aavelopmen 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 at seq. of the LDC as an incentive to construct affordable housing units on the Property. I further acknowledge the terms add 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 $126970,16, 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. 2. It is a violation of Section 2.06.00 of the LDC to rent, sell or occupy, or attempt to rent, sell or occupy an affordable housing rental unit under the Affordable Housing Density Bongs Program except as specifically permitted by the terms of Section 2.06.00, or to knowingly give false or misleading information with respect to any information required or requested by the County Manager or his designee or by other persons pursuant to the authority which is delegated to them by Section 2,06,00, 3. Violation of any provision of Section 2.06.00 of the LDC is punishable through criminal enforcement as set forth in Section 2.06.06(C) and civil enforcement as set forth in Section 2.06.06(D) of the LDC. IN W SS WHEREOF, the said Grantees have signed and sealed these presents this 7 day of ='2006 Nollrnp � M OMI 6 F \ Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this - day mm;m hy2006 Rebecca D. =ZChris opher, who ry (� is personally wa to a or j produced al (,Leaas roof of fide (affix notarial seal) (StgnaWre of Notary Public) (Print Name of Notary Pub)ic) 10VAa4dis"INAGPOM4, Serial/Commission Nt OtsA6tOd1u91Mtsw] My Commission Expires: (sot lot msraW30grrauuaJ 04 -up nnS • 3Wad a,aptl IiS;axam NtrAa vNlrsltro