Loading...
Agenda 03/13/2012 Item #16D33/13/2012 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve 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. OBJECTIVE: Approve one (1) release of 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. 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 year " (emphasis added). Purchase Date Purchase Price Sold Date Sold Price June 7, 2006 $137,134.11 January 6, 2012 $57,500.00 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 Payoff Amount Public Record Graciela M. Wright Affordable Housing Density Bonus $0 OR Book: 4050 PG: 4149 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: 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 Packet Page -1306- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3. 3/13/2012 Item 16.D.3. Item Summary: Recommendation to approve 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: 3/13/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Services 2/1/2012 2:29:14 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Services Name: DoriaPriscilla 2/1/2012 2:29:16 PM Approved By Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 2/14/2012 3:33:50 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 2/14/2012 10:19:20 PM Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 2/22/2012 2:45:46 PM Name: RamseyMarla Title: Administrator, Public Services Date: 2/28/2012 10:01:07 AM Packet Page -1307- Name: KlatzkowJeff Title: County Attorney Date: 2/29/2012 4:12:59 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 3/5/2012 1:20:48 PM Name: KlatzkowJeff Title: County Attorney Date: 3/5/2012 2:02:03 PM Name: OchsLeo Title: County Manager Date: 3/5/2012 2:20:25 PM Packet Page -1308- 3/13/2012 Item 16.D.3. 3/13/2012 Item 16.D.3. 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 executed by Graciela M. Wright to Collier County, recorded on 06/07/2006 in Official Records Book 4050, Page 4149, 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 3105, Botanical Place, a condominium, according to the Declaration of Condominium, recorded at Official Records Book 3933, Page 2592, of the Public Records of Collier County, Florida.(4510 Botanical Place Circle, Unit 105, 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 property. Dated this day of , 2012. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legal iciency: Jef right AssihpAt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Packet Page -1309- * *"* OR 4754 PG 2540 ** EXHIBIT "A"' CERTIFICATE OF APPROVAL 3/13/2012 Item 16.D.3. This is to certify that MichacI Inman Trust has been approved by Botanical Place Condominium Association, inc. (Board of'Directors), as the purchaser.'owner of the following writ: Building ltiumber4519 Botanical Place Circle #105, Botanical Place, a Condominium, according to the Declaration thereof, as recorded in Official Records Book 39333 Page 259Z, as thereafter amended, of the Public Records of Collier County, Florida.. With the following stipulations, any balance dac_to- I3.gtanical Place Condominium Association, Inc. must be remittal at closing to the Associatf[j" - Y. Such approval has been given purr 6 the provisions at Lration and Relating Onverning Documents. C, ndomininm Association, Inc. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was act! ovcdedged bcfare me this day aflanuary, by r of Botanical Place Condominium Association, I w o is personally known to me s produced of the association. a e executed the document on behalf (NOTARY SEAL/STAMP) ataxy P is Signature =Public Stall of Fbrida l�lotary Public Prim Name on D076t676 not2 Commission Bxpires: Packet Page -1310- INSTR 4646501 OR 4754 PG 2539 RECORDED 1/11/2012 12 :16 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 5402.50 REC $18.50 CONS 557,500.00 I OF2_ PREPARED BY AND RETURN TO: EILEEN MONROE Members Title Agency, LLC 6809 E. Hillsborough Avenue, Tampa, FL 33610 File Number 01.30524 ParcellDH: 24680901068 51, 5390 WARRAATYDEED (Corporate) This Warranty Deed, dated this 5th 'day ofJanuary, 2012 By SUNCOAST SCHOOLS FEDERAL CREDIT UNION 3/13/2012 Item 16.D.3. a federally chartered Credit Union existing under the laws of the United States of America, whose post office address is: 6801 E. Hillsborough Avenue, Tampa, FL 33610 hereinafter called the GRANTOR, TO MICHAEL P. INMAN, INDIVIDUALLY AND AS TRUSTEE OF THE MICHAEL P. INMAN TRUST whose post office address is: 4715 Pinehaven Drive, Saginaw, MI 48638 hereinafter called the GRANTEE, J-h + Mad►Weis On - MAWr0lr-dYAAXTW WwdaW Unpx amud"iraa &W**Wm kpi j W ^ iz KaW mj"ariadnidwb..ed on uaxws aloud[ +otmym "oa) WITNESSETH, that the Grantor, for and in consideration of the sum of 510.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases conveys, and confirms unto the Grantee, all that certain land situate in Collier County, Florida, viz Untt3105 of BOTANICAL PS.ACE, a Condominium according to the Declaration of Condominium thereof recorded in 011icial Records Book 3933, page 2593, of the Public Records of Collier County, Florida, and all amendments thereto, together with its undivided share in the common elements. EXHIBIT "A" ATTACHED -COA CERTIFICAI'}t09iRAi;� The named trustee is vested with thelull over and authority et#herto protect, conserve and to sell, or to lease or to encumber or otherwise tb mgnij ". d dispose:>x#'the rival pkoperty described in this instrument pursuant to Florida Statute PTQ- ¢8,9aI3.' TV '+ SUBJECT TO covenants, conditions, restrtttion ttisery tio6simit tii;�c ,;and egreements of record, ifany; taxes and assessments for the year 2022 and subsequegt ydats tang atipirii ni4 --- tinixm:e� and/or restrictions and prohibitions imposed by governmental authorities, if an} t TOGETHER with all the tenements, hereditat ;and appurtenances t eitq�ilon�iinng or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee sim�its eYar ` i.� hrc , AND THE GRANTOR HEREBY covenants with said Gi'iiaL�stas above noted, 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. IN WITNESS WHEREOF, Grantor has caused these presents to be signed in its name by its proper officer and its corporate seal to be affixed, the nd year set forth above. Signed s ....-.--"—ence of SUN OLS FEDERAL CREDIT UNION Witness By ENN1FEfi CL OVERSETfLE JAMES K I O , JR Senior Vice resident -Loss and Risk Mitigation Aileen Monroe Print Witness' Name STATE OF: FLORIDA COUNTY OF: HILLSBOROUGH The foregoing instrument was acknowledged before me this 6th day of January, 2012, b JAMES K. SIMON, JR. as Senior Vice President- Loss and Risk Mi!(gatlon of COAST SCHOOLS FEDERAL CREDIT UNION, a federally chartered Credit Union existing under the laws of the Unite t f America, individuals) who islare personally known to me or who hos(vc) provided driver's license as identi[I. �o did take an oath. (Seat) n, 4 EILEEN MONROE tr NO Public - SHtt of florida t My Comm. Expires Jun 5, 2014 Commission Y DD 991921 My %ended Through Intienal khuy Assn. Packet Page -1311- 0 3/13/2012 Item 16.D.3. 3851819 OR: inn rv: i10 - --- RECORDED in 0111CIAL RECORDS of COLLIER COUNTY, FL 66/07 /2006 at 12:5111M DWIGHT E, BROCK, CLERK REC 111 10.00 Prepared by and to he returned to: RetD: Lauren Beard curry PASSIDOKO IT AL Collier County Operational support & Housing 221 5TH AVI S #201 2900 N. Horseshoe Dnve, #400 NAPLES FL 34102 Naples, FL. 34104 LIEN As required by Section 2.06.04,(A)(9) of the Collier County Land Development Code ( "LDC'), I, Graciela M. Wright, as Grantee, do hereby acknowledge that 4510 Botanical Place, Unit 105, Naples, Florida, 34112, more particularly described as Unit 3105, 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 rev yed by PJM Limited Partnership, LLLP, a Florida limited liability limited partnership as Grantor one, 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. I further acknowledge the terms and conditions of this Agreement and through this lien instrument agree to the following: 1. In the event the I, 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 $137,134.11, 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 percent increase er_year. --- ., 2. It is a violation of Section Z �61>;1 e LDC't"Oig* 1 or occupy, or attempt to rent, sell or occupy an affordable housing rentiil<unit amder the Affordable, I3fsus g Density Bonus Program except as specifically permitted by the ,t'erm�s' 0— Seoti4n 2.06.00, or ta, kn�twingly give false or misleading information with respect to any info4ma$9ot�gquirgd ro t'&q ested by tht County Manager or his designee or by other persons pursuant t¢ the/4*tpiityAmidi 44 sled to tliem by Section 2.06.00. 3. Violation of any pr -v)sw enforcement as set forth in Se ti�pin the LDC., punishable through criminal forth in Section 2.06.06(D) of \_ 1,' � r.' ICI WITNESS WHERE , iihb aid Grantees have" pd d sealed these presents this day of C LP 2006 7 �Ss: L By: Prin Name: hZZ bey VDU Graciela M. Wright r1 t Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this.2 day opil 2006, Graciela M. Wright, who {_j are personally kno to or �— produced LN . D ti.���St J. M u i ._as proof of iden (affix notarial seal) (Signatu of Notary Public) KRISTt LYNN UNKRICH ? ac Notivy Pubk • Stale of Florida * � 1 Cortarrbaion EapOw Mar 16.2009 Cdnniaaion a Do 390210 aandad BY N"WWI Nobry A=n,. (Print Name of Notary Public) Serial I Commission #: My Commission Expires: Packet Page -1312-