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Agenda 03/26/2013 Item #16D4Proposed Agenda Changes Board of County Commissioners Meeting March 26, 2013 Withdraw Item 16D4: Recommendation to approve one (1) release of lien for an Affordable Housing Density Bonus Agreement for an affordable housing unit sold which is no longer subject to the terms of the agreement. (County Attorney's request) Move Item 1 I to Item 16C3: Recommendation to direct the County Manager, or his designee, to give notice to formally initiate integration of the Orange Tree Utility Company into the Collier County Water -Sewer District to provide water & sewer utilities to Orange Tree Utility customers pursuant to the May 28, 1991, Agreement, as amended, between Orange Tree Utility Company and Orangetree Associates and Board of County Commissioners of Collier County (Board) with the objective of returning to the Board with a proposed Utility System Integration Agreement. (Commissioner Hiller's request) Withdraw Item 16A3: Recommendation to authorize release of the Excavation Performance Bond in the amount of $1,000,000 to the Project Engineer or Developer's designated agent for Arthrex at Ave Maria AR- 13095. (Staffs request) Move Item 16A9 to Item 11C: Recommendation to approve a work order in excess of the Board's $200,000 spending threshold and authorize expenditure of $48,520 for McGee & Associates to prepare 100% landscape design plans for the Immokalee Road/I -75 Interchange. (Commissioner Nance's request) Continue Item 16Al2 to the April 9, 2013 BCC Meeting Recommendation to approve and authorize the Chairwoman to execute a Promotional Fund Private Grant Agreement in the amount of $500,000 for the County's artificial reef program, accept donated professional services from Turrell, Hall and Associates Inc., and approve any necessary budget amendments. (Staff's request) Move Item 16F5 to Item 11D: Recommendation to establish a new position classification and salary range assignment for County Commission staff members and revised budget allocation format for the BCC Office. (Commissioner Henning's request) Move Item 17E to Item 913: Recommendation to adopt an ordinance that will establish the position of Collier County Hearing Examiner. (Commissioner Coyle's request) Proposed Agenda Changes March 26, 2013 Page 2 Note: Item 16C3 44-A: Signature page of the Second Amendment to Agreement was inadvertently left out of printed agenda packet. Copies of the signature page have been provided to Commission members. Item 16A1: Withdraw clarification SC- 2003 -02, Storage Containers, attachment #4. Staff will be coordinating this clarification with the ongoing broader review of storage containers within all zoning districts. (Staff's Request) Item 16C2: Folio number in executive summary corrected to read: David K. and Cheryl L. Boot own the property located at 346 Cypress Way West, parcel number 00159480005. Item 16D5: Correct document titled Modification to Subgrant Agreement to be consistent with all other references in the item, by checking the following box: ® Change in Number of Accomplishments and/or Beneficiaries (Clerk's request) Item 16F3: It is the intent for requirements to be the same in Category B and Category C -2 grant applications. Therefore, the following additions have been made to the C -2 grant application. 1. Form 990 added to checklist of required items on p. 11 of application. 2. Financial statement to be reviewed or audited by a CPA added to checklist of required items on p. 11 of application. (Staff's request) Time Certain Items: Item l OG to be heard at 11:00 a.m. Item 13A to be heard at 2:00 p.m., immediately followed by Item 13B and l OD 3/26/2013 9:33 AM n 3/26/201316.D.4. EXECUTIVE SUMMARY Recommendation to approve one (1) release of lien for Affordable Housing Density Bonus Agreement for an affordable housing unit sold which is no longer subject to the terms of the agreement OBJECTIVE: Approve one (1) Affordable Housing Density Agreement 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 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 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 vear" (emphasis added). Purchase Date Purchase Price Sold Date Sold Price May 30, 2006 $137,134.11 July 21, 2011 $96,000.00 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 Pa off Amount Public Record Denise D. Lounsbury Affordable Housing Dens i Bonus Agreement $0 OR Book: 4055 PG: 2135 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: Authorize the Chairwoman 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: Priscilla Doria, Grants Coordinator, Housing, Human and Veteran Services Packet Page -752- 3/26/2013 16.D.4. COLLIER COUNTY Board of county commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve one (1) release of lien for Affordable Housing Density Bonus Agreement for an affordable housing unit sold which is no longer subject to the terms of the agreement. Meeting Date: 3/26/2013 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 2/14/2013 2:24:07 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Servi Name: DoriaPriscilla 2/14/2013 2:24:09 PM Approved By Name: LarsenKathleen Date: 2/15/2013 1:33:50 PM Name: SonntagKristi Date: 2/17/2013 9:38:48 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 2/21/2013 5:28:08 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 2/22/2013 1:45:07 PM Name: Joshua Thomas 10 � Title: Grants Support Specialist, Packet Page -753- Date: 2/27/2013 9:08:00 AM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 2/27/2013 9:24:35 AM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 2/28/2013 2:36:12 PM Name: KlatzkowJeff Title: County Attorney Date: 2/28/2013 2:56:32 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 3/1/2013 11:08:15 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 3/5/2013 3:55:22 PM Name: OchsLeo Title: County Manager Date: 3/13/2013 2:47:09 PM Packet Page -754- 3/26/2013 16.D.4. Prepared by: Priscilla Doria Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 RELEASE OF LIEN 3/26/2013 16.D.4. THIS SPACE FOR RECORDING 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 Sousing Density Bonus Development Agreement executed by Denise D. Lounsbury to Collier County, recorded on June 1.5, 2006 in Official Records Book 4055, Page 2135, 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: Legal Description: Unit 3404, 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 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. This Release of Lien was approved by the Board of County Commissioners on day of , 2013, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA , Deputy Clerk Approved as to form and legal sufficiency: n Jefffjkright Assistant County Attorney Loln Georgia A. Hiller, Esq. Chairwoman Packet Page -755- 3/26/2013 16.D.4. * ** 3856025 4R; 4055 PG; 2135 * ** 1 a nODIDIB in 0111CIAL 0=5 of COLLIIR MUM, PL 06/15 /1006 -at 07 :53AD'DVIM I. BIOCA, CURE Prepared by mad to bo reamed a: UC Ull 10.00 Kato: Lauren Heard cum PASBIDOliO B? AL ColliffCo County Operational Support & Housing 2600 N. Horseshoe Drin, #400 821 578 AYI 11201 Naples, FL. 34104 IAnU iL 31102 LIEN As required by Section 2.06.04.(A)(9) of the Collier County Land Development Code ("LDC'), I, Denise D. Lounsbury, as Grantee, does hereby acknowledge that 4510 Botanical Place, unit 404; Naples; Fiorida, 34112, more particularly described as Unit 3404,: Botanical Place, a condominium, according to the Declaration of Condominium recorded in Official Records Book 3933, Page 2392, of the Public Records of Collier County, Florida(the "Property") and Q� ve�xed by PJM Limited Partnership; LLLP, a Florida limited liability limited parinership as Grantor orr5 L, 2006 ( "Original Purchase Date "), is subject to an between Collier County, Florida, and PJM Limited Partnership, 'L P, a F orld'a ' limlte 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: I. In the event the we, our 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, 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 increaser K0 t 3. It is a violation of Sec occupy an affordable housing i specifically permitted by the information with respect to and or by other persons pursuant t 3. Violation of any enforcement as set forth in the LDC. IN WITNESS WF day of �, 2006 �- C kit - t� the?lZ or occupy, or attempt to rent, sell or under the Affordable` 46us g Density Bonus Program except as `Section 06 or t kn wingly give false or misleading Fon r4quir -i or guested by th County Manager or his designee em y Section 2.06.00. TD of th is punishable through criminal 16( and forcome iset forth in Section 2.06.06(D) of Grantees have !arid sealed these presents this WITNESSES: \� C _~ P nt Name: Print e: _ l I.Irk qQ lr STATE OF FLORIDA COUNTY OF COLLIER By: I!�/.Qilit -t? &� Denise D. Lounsbury The foregoing instrument was acknowledged before me this day of�2006, Denise D. Lo but who (� is personally known to me r [w'� produced m t-0„tzt Lf1- -P CvLi as proof of identity. (affix notarial seal ( Signatur of Notary Public) (Print of Notary Public) r;,,i. '••.,, KRIST IALYNN U Serial / Commission #: 4y� yPubk- Sim OfF w My Commission Expires: Eks:es Mar 18 20DO ,.�'' Conmr,t:sp� t tms902to sr� rA=,. Packet Page -756- INSTR 4606697 OR 4719 PG 418 RECORDED 9%15/2011 9:57 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 5672,,00 REC $35.50 COOS '196400.00 0ot's', &kv�' r -- 5(U— cLmua. 4. Prepared by and return to: Jamie B. Greusel Attorney at Law Low Office of Jamie B. Greusel 1104 North Collier Blvd Marco island, FL 34145 239- 394 -8111 Ca'S, A / DEED IN LIEU OF FQRECi.tISURE THIS INDENTURE, is made as of tW ,'`by Denise D. Lounsbury, a single woman, ( "Grantor "), having an address at 4510 Botanical Place Circle, Unit 404, Naples, FL 34112, in favor of Botanical Place Condominium Association, Inc. ( "Grantee ") whose address-is-CXI mt ors v n Drive, S., Unit 215, Naples, FL TNESSETH TH`� Grantor, for and ($10.00), lawful money i before the unsealing and is hereby acknowledged, conveyed and confirmed convey and confirm unto land, situate, lying and b 3/26/2013 16.D.4. ideration sumo Ten ' d n 1100 U.S. Dollars t s j d byGrantee, at or of e ipan sufficiency of which 1d, ,released, se-presents-does t, b 1, alien, remise, release, ee and its successo d forever, the parcel of � Ilier County, State ori' Ya, to wit: Condominium Unit No. 3404, BO I� , 'condominium,. according to the Declaration of Condominium thereof as a °Official Records Book 3933, Page 2592, and all exhibits and amendments thereof, Public Records of Collier County, Florida, together with the exclusive use of Carport No. CP -21. Parcel Identification Number: 24680901408 TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in any way appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby specifically warrants the title to the property and will defend the same against the lawful claims of all persons whomsoever. This Deed is an absolute conveyance to Grantee for fair and adequate consideration, in lieu of foreclosure of the certain Claim of Lien recorded in Official Packet Page -757- OR 4719 PG 419 3/26/2013 16.D.4. Records Book 4589, Page 2478, of the Public Records if Collier County, Florida. Grantor declares that this conveyance is freely and fairly made. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fast above written. Signed, sealed and delivered in our presence: V V-- 4- - Witness Name: 4,4,441 Name: State of Florida County of Collier Ovu-& 2 (Seal) enise D. Lounsbury The foregoing instrume 7�known o�vle3g�dLousbury, who L] is pens or N has i . � [Notary Seater t/+ �y ���t1' �'''+t G. y OM M01509 fIVJGGLLRpfWIpI1VWi ✓ 3 EXPIRES D9canb6r9 P013 e6 MeO 1h Nola y?vb6c Un6.M. St day of July, 2011 by Denise D. ;r's license as identification. J J f Printed Name My Commission Expires: Packet Page -758- OR 4719 PG 420 3/26/2013 16.D.4. GRANTOR'S AFFIDAVIT FOR INTENT, CONSIDERATION AND SOLVENCY Before me, the undersigned authority, personally appeared Denise D. Lounsbury, who being first duly sworn, deposes and says: 1. She is the party who executed, and delivered that certain deed to Botanical Place Condominium Association, Inc., dated July 21, 2011, conveying the following property: Condominium Unit No. 3404, BOTANICAL PLACE, a Condominium, according to the Declaration of Condominium thereof as recorded in Official Records Book 3933, Page 2592, and all exhibits and amendments thereof, Public Records of Collier County, Florida, together with the exclusive use of Carport No. CP -21. _"`__._ Parcel Identification Number: 2$¢0 2. The deed was an sol yane e of the title o to property to the Grantee named therein in effect as e1 wa` n t inte ed a mortgage, trust conveyance, or security a s ee s o the premises has been surrendered to the Grantee. ! 1 �. tfi_" F`f 3. The considerati � e dee d "`. was, an , the u h Nation of all debts, obligations, costs, and cha reviously existing er an rtue of the terms of that certain Declaration of Con um recorded in 0 e ds Book 3933, Page 2592, Public Records of Colli ty, Florida, and is "ssal of Collier County Lien Foreclosure Case 11 -1211- 4. The deed and conveyance were made by Affiant as a result of her request that Grantees accept the deed and was a free and voluntary act. 5. The deed was not given as a preference against any other creditors of the Affiant. 6. The Affiant is solvent and has no other creditors whose rights would be prejudiced by execution and delivery of the deed to the Grantees, and/or conveyance of the real property to the Grantees. 7. In executing and delivering the deed to the Grantees, the Affiant was not subject to or under any duress, undue influence, misapprehension, or misrepresentation by the Grantees in the deed, or the agent or attorney or any representative of the Grantees in the deed, and was afforded the opportunity to consult with an attorney of her own choosing. Packet Page -759- * ** OR 4719 PG 421 * ** 3/26/2013 16.D.4. 8. It was the intention of the Affiant as Grantor in the deed to convey, by the deed, and the want does convey, to the Grantees all of her right, title, and interest in and to the property described in the deed. 9. This affidavit is made for the protection and benefit of the Grantees of the deed, their successors and assigns, and all other parties hereafter dealing with or who acquire any interest in the property described in the deed, and it shall bind the respective heirs, executors, administrators, and assigns of the undersigned. flopi-V enise D. Lounsb ry STATE OF FLORIDA COUNTY OF COLLIER Sworn to and subscribed be=,8ed 1.-f�s D. Lounsbury, who is personally known to me or — as i entification. Russo.s. SWIMAUak EA�ON 9 DO 815469 ef,• EXP( ES: December 8, 2013 9and4d Thm Notary PViIk tladererlkyp Printed NE W �Iw C Packet Page -760- '64- 4____ z,-/> 't } Property Appraiser's Parcel Identification No, 61840680001 This instrument was prepared without opinion of title by John M. Passidomo Cheffy Passidomo Wilson & Johnson, LLP 821 Fifth Avenue South Naples, Florida 34102 (239)261-9300 3/26/2013 16.D.4. 3855024 OR: 4855 PG: 2133 RECORDED in .OFFICIAL RECORDS of COLLIER COMM, FL Oi/1512006 at 07 :53M DNIGHT B. EROCI, CLEU COEs 126950.00 RIC $EE 18,50 DOC -.70 889.00 Retn: CHEFFI USSIDOXO ET Al 021 5TH AYE "S #201 DIMPLES FL 31102 ove thic line i'nr +'Prnrdi� [1R1A1 WARRANTY IJ :Fn THIS WARRANTY DEED, made the .x_& day of May, 2006, by PJM Limited Partnership, LLLP, a Florida limited liability limited partnership, whose post office address is 699 Fifth Avenue South, Naples, FL 34102 (singularly or collectively "Grantor "), to Denise D. Lounsbury, a single person, whose post office address is 4397 Beechwood Lake Dr,, Naples, FL 34112 (singularly or collectively "Grantee"): (Wherever used herein, the terms "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives, successors and assigns of individuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, ft�rhg° ccn valuable considerations, receipt of whic y- atclZs releases, conveys and confirms unto th e all that c "Property" ): Unit 34£14 � Botanical Place, a �*ndornmi a o Official Records Book 3399 h n the exclusive use of Carp TOGETHER with all the tf¢'` ents, hereditaments TOGETHER with appertain 7 r', res, including 61 washer, dryer, ceiling fans, wall -to- l ting and wine mentioned above. 4r1E C TO HAVE AND TO HOLD, the same in fee simp a fot of the sum of Ten Dollars ($10.00) and other eteby grants, bargains, sells, aliens, remises, t;4 s uated in Collier County Florida, viz (the in thereto belonging or in anywise -s, refrigerator, stove, dishwasher, located at the property heretofore SUBJECT TO LIEN in favor of Collier County, contained in Agreement for Deferral of 140% of Collier County Impact Fees For Owner Occupied Affordable Housing Units recorded in Official Records Book 3975, Page 2243, of the Public Records of Collier County, Florida which Grantee assumes and agrees to pay; and other terms and conditions contained in Agreement Authorizing Affordable Housing Density Bonus and Imposing Covenants and Restrictions on Real Property; and FUTHER 'SUBJECT TO LIEN in favor of Collier County as set forth in Section 2.06.44 of the Collier County Land Development Cade, which provides that if Grantee, or Grantee's heirs, legal . representatives, successors or assigns, sells the Property within 15 years from the date of this Warranty Deed at a sales price which is in excess of five percent (5 %) per year of Grantee's original purchase price, then Grantee shall pay to Collier County an amount equal to one -half (1/2) of the sales price in excess of the five percent (5%) increase per year. AND, the Grantor hereby covenants with said Grantee that 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; and that said land is free of all encumbrances, except taxes for the current and subsequent years, zoning and use restrictions imposed by governmental authority, restrictions and easel~nents common to the subdivision, and outstanding oil, gas and mineral interests of record, if any. Packet Page -761- 3/26/2013 16.D.4. OR; 4055 PG; 2134 * ** Warranty Deed Page 2 of 2 IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year fust above written. Signed, Sealed and Delivered as to Each Grantor in the Presence of: PJM Limited Partnership, LLLP, a Florida limited liability limited partnership By: McC 's, Inc., lon.ac rporat ion, as General Partner [I / /J Witness Name: 0 o to ea; � State of Florida County of Collier, The foregoing instrument was acknowledges nie,sL day of 2006 by Philip J. McCabe, President of McCabe's, Inc., a Florida corpora ion, as General Partner, 6t PJM Limited Partnership LLLP, a Florida limited liability limited partnership on behalf q the corporation and the partnership. He is personally known to me or L1 has produced / / /% as *ntjf cation. [Notary Seal] ON LCUO ,a Notary Public % / �► „/•n 000 �'I L . o.-nb F„a„a,�,,,,a �, 2ooe Printed Name: /7S U My Commission Expires: h / Packet Page -762-