Agenda 01/24/2012 Item #16D 6n
1/24/2012 Item 16.D.6.
Recommendation to approve and authorize the Chairman to sign one (1) release of lien for
Affordable Housing Deny Bonus agreement for a unit sold which is no longer subject to the terms
of the agreement,
OBJECTIVE: Approve a release of lien for Affordable Housing Density Bonus agreement
CONSIDERATIONS: Pursuant to Section 2.06.00 et seq. of the Collier County Land Development Code
(LDC), Melanie F. Burns (Borrower) executed an Affordable Housing Density Bonus (AHDB)
Agreement lien ending the above captioned property. The AHDB program seers 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 $171,170:00, 1 my
heirs, legal representatiwes, successors or assigns shall pay to Collier County an amount equal to one -
half of the sales price in stress of the five percent increase per year" (emphasis added).
Purchase Date
Purchase Price
I Sold
I Sold Price
October 26 2006
$171,170.00
August 24, 2011
1 $40 000.00
The borrower sold the for less than the original urchase
property p 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 IBstrament
Payoff
Amount
Public Record
Melanie F. Burns
Affordable Housing Density Bonus
$0
OR Book: 4212 PG 2685
FISCAL IMPACT: None.
GROWTH iN G ' LNLAa: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIUBRATIONS: 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. — JVY
STAFF„RECOMdMAATION: Approve and authorize the Chairman 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: Kimberley Grant, Interim Director, Housing, Human and Veteran Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.6.
1/24/2012 Item 16.D.6.
Item Summary: Recommendation to approve and authorize the Chairman 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.
Meeting Date: 1/24/2012
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Services
12/21/2011 1:38:10 PM
Submitted by
Title: Interim Director, HHVS
^ Name: GrantKimberley
12/21/2011 1:38:11 PM
Approved By
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 1/6/2012 10:03:10 AM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 1/6/2012 11:53:09 AM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 1/10/2012 4:08:09 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 1/12/2012 8:07:01 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 1/12/2012 8:30:33 AM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 1/13/2012 1:19:11 PM
Name: OchsLeo
Title: County Manager
Date: 1/16/2012 2:57:36 PM
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1/24/2012 Item 16.D.6.
1/24/2012 Item 16.D.6.
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, Naplesl Florida 34112, the owner(s) and holder(s) of a certain Affordable Housing
Density Bonus Development Agreement executed by Melanie F. Burns to Collier County, recorded on
4/12/2007 in Official Records Book 4212, Page 2685, 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 Oortion of the premises conveyed by said lien, more particularly described as
follows:
Lot 17, Bristol Pines, Pbase I, according to the plat thereof, as recorded in Plat Book 43, Page 78, of
the Public Records of Collier County, Florida.(7530 Bristol Circle, Naples, FL 34120)
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.
Dated this day of r , 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
p
By.
Deputy Clerk
Approved as to form and
legal iency:
Je right
Assi t County Attorjey
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
0
FRED W. COYLE, CHAIRMAN
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* ** 4001918 OR: _4 1/24/2012 Item 16.D.6.
UCORDED in OIPICIAL RECORDS of COLLIIR COUM. , TL
1411212061 at 12:41?![ HIM 1. BROCE, C111I
THIS INSTRUMENT PREPARED BY I Rltn: 11C PEE 10.00
AND AFTER RECORDING RETURN TO: I EDYARD E GILBERi P8
Lauren Beard I 5100 TM CIMR CIRCLE ►430
Collier County Operational Support & Housing I BOCA RA701 PL 33486
2800 N. Horseshoe Drive. Suite 400
Naples, Florida 34104
f
I
I
I
1
I
Space above this line for recorder's use
LIEN
As required by Section 2.06.04.(AX9) of the Collier County Land Development Code ( "LDC'), l;"ie
Btmts, a single woman, as Grantee, do hereby, acknowledge that 7530 Bristol Circle, Naples, Florida 34110, more
particularly described as Lot" 17, 'Bristoi Pines, Phase L according to the plat thereof as recorded in Plat Boni 43,
Page 78, of the Public Records of Collier County, Florida (the "Property") and conveyed by Waterways Joint
Venture IV, a Florida general partnership as Grantor. on October 26, 2006, ("Original Purchase Date "), is subject to
an APfordeble'Ho4ing Density Bonus Development Agreement between Collier County, Florida and Waterways
Joint Venture IV, rated , 20_ ( "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.
I further acknowledge the terms and conditions of this Agreement and through this lien instrument agree to
the following:
I. In the event 1, 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 $171,170,00, 1, my heirs,..legal representatives, successors or assigns shall pay to
Collier County an amount equal to one -half of 'rit--Itt zc?sc of the five percent increase per year.
�,
2. It is a violation of Section 2.OfupOVtFt`e LDC to rent, seliet or attempt to rent, sell or occupy an
affordable housing unit under the AfpAr(16WHousing Density Bonus ograto except as specifically permitted by
the terms of Section 2.06.00, or to khowi�g rve a . nr misleading in?i nn lion with respect to any information
required or requested by the County Mat(ag�ee or b}' other p`erson8 pursuant to the authority which is
delegated to them by Section 2.06.00.
Violation of any provisio of sect n 6.0 0 bf t 0 is i liable thttough criminal enforcement as set
forth in Section 2.06.06(C) and civsn�tij of the LDC.
�
IN WITNESS WHEREOFid Grantees) have sign ese presents this day of
.,q e , ;-t 2007.:
WITNESSESS:
(Name: 11 Melanie Burns
Print Name:
STATE OF FLORIDA )
SS.:
COUNTY OF COLLIER )
The foregoing instrument was acknowledged before me this d _ day of �T / t 2007, by Melanie
Bums, who did nottake an oath.
Cl Pensmally known.
tam
p( ced ID: DL NOT-AG—PUBLIC, State of Florida
My commission expires: Print name:
6YALa
C Spit s 00 `�.+/6E0
�r
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INSTR 4602372 OR 4715 PG 419 RECORDED 8/31/2011 11:53 AM PAGES 2 1/24/2012 Item 16.D.6.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
DOC@.70 $280.00 REC $18.50
CONS S40 000.00
This instrument prepared without benefit
of title examination or legal opinion by:
Mark 11. Muller, Esq.
Mark H. Muller, P.A.
5150 Tamiami Trail N., Suite 303
Naples, Florida 34101
Property Identification Number: 24 778000648
Documentary Stamp Tares: S280.00
SPECIAL WARRANTY DEED
THIS INDENTURE is made this T day of August, 2011, between BMO HARRIS
BANK N.A., a national banking association, successor by merger to The Harris Bank, N.A.,
Grantor, whose post office address is 3800 Golf Road Suite 300, Rolling Meadows, IL 60008,
and ALFONSO MMOS,:a Married Person, as to an undivided 50% interest, and LIGIA
CALLt, a` Single Person, as to an undiyided_.gQ% interest, Grantees, whose post office
other good and
acknowledged, h
assigns, all of Gr
being in Volusia
[-Circle, Naples, F d�iZ Cep
.TH that said`, r, for and in consti
aluable consi .ef .tian�_ the receipt and
granted, 4argiin�k t s81'd'[Z5" the` rrar
of the sum of Ten Dollars and
�iency of which is hereby,
anld Grantees' successors and
xrl�ed land, situate, lying and
Lot 17, BRISTOL PiT `e `I;= aee4rd�0 th 6tf of recorded in Plat
Book 43, Pages 78 thr 81, of the Public Rmords bf Ca�J k County, Florida
/�
Property Address: 7530+1+s I Circle, Naples, Florid
0 `4�' �f
Subject to easements and re Z , rttl� eat estate taxes for 2011 and
all subsequent years. E 1
THIS DEED is an absolute conveyance and the Grantor will warrant and defend the
property hereby conveyed against the lawful claims and demands of all persons claiming by,
through or under said Grantor, but against none other.
IN WITNESS WHEREOF, the Grantor has hereunto set Grantor's hand and seal the
[this space intentionally blank — continued on page 2]
all" TO:
Tropical TM km Agwicy, hoc.
860 9th 8t N=14 Suite 3
Naples, FWWas34102
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* ** OR 4715 PG 420 * **
day and year first above written.
Signed, sealed and delivered in our presence:
Witness #1:
oa,t",L �- ",r—�
Print Name: C4,m of �•
#2
Name:
1/24/2012 Item 16.D.6.
(corporate seal)
BMO HARRIS BANK N.A., successor by
merger to The Harris Bank, N.A.
By: Ak-�,,q,
Mary Jo H Seth
Senior Vice President
STATE OF ILLINOIS 1
COUNTY OF COOK € 1 ` a'� `�, /7
i
r €
The foregoing instrufnrt ��kr forehri� day of August, 2011,
by Mary Jo Herseth, as a Se > tpc�� ice President of B Ha4is $'tW- N.A., successor by merger
to The Harris Bank, N.A., �/) is personal 4 vr,/Lo�;{ c or has ( ) produced
as identification.
OFF►CiALSEAt any Public — State of Illinois
CAROL ANN CLEM
ENSTfOFP
Notary Pubf;c -Sires May `13.2012 /^ ,!
[ �� 11lKA1lM ! !J1 s r
My Go,,is jon Notary Public - Printed Name ���f �� P
(A Certificate of incumbency and Bylaw Certification are attached hereto and made a part of this
Special Warranty Deed.)
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