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Agenda 11/08/2011 Item #16D1211/8/2011 Item 16.13.12. EXECUTIVE SUMMARY ?"N Recommendation to approve and authorize the Chairman to sign a release of lien to satisfy ,an Affordable Housing Density Bonus lien instrument recorded against a unit which 'is no longer subject to the terms and conditions of the agreement OBJECTIVE: To approve and authorize the Chairman to sign a release of lien to satisfy an Affordable Housing Density Bonus lien instrument recorded against a unit which is no longer subject to the terms and conditions of the agreement CONSIDERATIONS: On October 25, 2006, a purchaser of an affordable housing unit subject.to the restrictions imposed by the Affordable ,Housing Density Bonus (AHDB) program executed the required lien instrument pursuant to Section 2.06.04(Ax9) of the Collier County Land Development Code (LDC). The lien is recorded in Official Records Book 4128, Page 1779, of the Public Records of Collier County. The AHDB program provides an incentive for the construction of affordable housing by allowing the developer to seek additional density in exchange for committing to reserve a portion of housing units for income - qualified purchasers. As a condition of receiving a benefit through the program, the initial purchaser must execute a lien agreement that imposes the following financial restriction: 1. If, within fifteen years,, after the original purchase date, the property is sold at a sales price in excess of five percent per year above the original purchase price, the seller shall pay Collier County an anvxmt equal to one -half of the sales price in excess of the five percent increase per year If, within fifteen years, the home is sold for less than the prescribed limit, the County is owed nothing. Furthermore, if the home is sold for less than the original purchase price, the County also is owed nothing. Pursuant to Section 2.06.00 et seq. of the Collier County LDC, Holly A. Pergola (Borrower) executed an AHDB lien encumbering the property located at 4430 Botanical Place, Unit 103, Naples, Florida, 34112_ The following table provides the original purchase transaction information, as well as the subsequent resale transaction information. Purchase Date Original Purchase Price= Resale Date Resale Price October 27, 2006 $137,158.27 1 June 20, 2011 $87 000.00 As detailed above; the borrower sold the property for less than the original purchase price. As such, there is no repayment obligation to Collier County and a release of lien is required. The following table details the release of lien associated with this item FISCAL EWPACT• None. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: 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. — JW STAFF RECOMMENDATION: To approve and authorize the Chairman to sign a release of Lien to satisfy an Affordable Housing Density Bonus lien instrument recorded against a unit which is no longer subject to the terms and conditions of the agreement PREPARED BY: Kimberley Grant, Interim Director, Housing, Human and Veteran Services Packet Page -1007- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.12. 11/8/2011 Item 16.D.12. Item Summary: Recommendation to approve and authorize the Chairman to sign a release of lien to satisfy an Affordable Housing Density Bonus lien instrument recorded against a unit which is no longer subject to the terms and conditions of the agreement. Meeting Date: 11/8/2011 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Services 10/3/2011 8:52:29 AM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Services Name: DoriaPriscilla 10/3/2011 8:52:30 AM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 10/4/20119:30:42 PM Name: NelsonTona Title: Administrative Assistant, Senior,Parks & Recreation Date: 10/10/20119:23:51 AM Name: NelsonTona Title: Administrative Assistant, Senior,Parks & Recreation Date: 10/10/2011 9:36:35 AM Name: RamseyMarla Title: Administrator, Public Services Date: 10/10/2011 10:15:42 AM Packet Page -1008- Name: WrightJeff Title: Assistant County Attomey,County Attorney Date: 10/27/2011 8:17:41 AM Name: KlatzkowJeff Title: County Attorney, Date: 10/27/20118:56:31 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 10/28/2011 2:26:35 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 11/1/2011 10:07:35 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/1/2011 11:45:58 AM Name: OchsLeo Title: County Manager Date: 11/1 /2011 12:48:24 PM Packet Page -1009- 11/8/2011 Item 16.D.12. 11/8/2011 Item 16.D.12. 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 Lien executed by Holly A. Pergola to Collier County, recorded on 10/27/2006 in Official Records Book 4128, Page 1779, 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 8103, 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.(4430 Botanical Place Circle, Unit 103, 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 n property. Dated this day of , 2011. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legalpsufficiency: i' Jeff E./Wright Assisfant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Packet Page -1010- Prepared by and to be returned to: Buren Beard Collier County Operational Support & Housing 2800 N. Horseshoe Drive, 0400 Naples, FL. 34104 LIEN 3 11/8/2011 Item_ 16.D.12. RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/21/2006 at 08:02AK DWIGHT E. BROCI, CLERI RIC 111 10.00 Retc: CHEFFI PASSIDOKO IT AL 821 57H AVE S 1201 NAPLES FL 34102 As required by Section 2.06.04.(A)(9) of the Collier County Land Development Code ( "LDC "), I, Holly A. Pergola, as Grantee, do hereby acknowledge that 4430 Botanical Place, Unit 103, Naples, Florida, 34112, more particularly described as Unit 8103, 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 conveyed by PJM Limited Partnership, LLLP, a Florida limited liability limited partnership as Grantor on October -, , 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. We further acknowledge the terms and 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 $137,158.27, 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 tER co 2. It is a violation of Section t e LD l I or occupy, or attempt to rent, sell or occupy an affordable housing rents under the Affordable g Density Bonus Program except as specifically permitted by the e n 2.06.00, or knringly give false or misleading information with respect to an infirm qul or a nested th County Manager or his designee or by other persons pursuant to thg emliy Section 2.06.00. 3. Violation of any pr enforcement as set forth in S I�q the LDC. IN WITNESS WE day of 2006 WITNESSES: tl Print Name: kruS u.dca't-r C i Print Name: STATE OF FLORIDA COUNTY OF COLLIER ti h said Grantees have �iE CSC punishable through criminal forth in Section 2.06.06(D) of sealed these presents this As- By: Holl . Pergola The foregoing instrument was acknowledged before me this r� 5 day of October, 2096, Holly A. Pergola, who f I is personally known to me or [_produced *I as proof of identity. (affix notarial seal) (Signatu otary u (Print Name of Notary Public) ffm Serial / Commission #: UNKRICH My Commission Expires: of Florida s Maz 18, 2009 X0210 plaly/yM, Packet Page -1011- 11/8/2011 Item 16.D.12. co ler County Public Semites DhAsion Housing, Human & Veteran Services MEMORANDUM DATE: December 20, 2010 TO: Noble Title & Trust FROM: Collier County Housing, Human & Veteran Services Frank Ramsey; Manager— Housing Development RE: Holly A. Pergola 4430 Botanical Place Unit 103 Naples, Florida 34112 To Whom It May Concern- Pursuant to Section 2.06.00 et seq. of the Collier County Land Development Code (LDC), Holly A. Pergola (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 of 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 $137,158.27, 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" (emphasis added). If the borrower elects to sell the property for less than the original purchase price, there is no repayment obligation to Collier County. The Board of County Commissioner must execute all releases of lien. Based upon the Board's schedule the soonest a release of lien may be presented for this Borrower is January 2011. Please advise our office if you would like us to process a release of lien. We will require proof that the home was sold for less than the original purchase price. Sincerely - Frank Ramsey Manger — Housing Development CC: Priscilla Doria SHIP Loan Processor Housimz. , H t.(man 'llldj Veteran Services air of Ca74er County 3339 Tamiami Trail East. Suite 211 • Naples. FL 34112 -5361 239- 252 -CARE (2273) • 239 252 -HOME (4663) • 239 - 252 -CAFE Packet Page -1012- "7) • 239 -252 -VETS (8387) * www :colliergov.net/humanservices 11/8/2011 Item 16.D.12. o per County Pudic Services Division Housing, Human & Veteran Services DEBT PAYOFF LETTER DATE: December 20, 2010 TO: Noble Title & Trust Delphine Couchman; Sr. Marketing & Closing Consultant FROM: Collier County Housing, Human & Veteran Services Frank Ramsey; Manager— Housing Development RE: Holly A. Pergola 4430 Botanical Place Unit 103 Naples, Florida 34112 Pursuant to the Security Instrument(s) executed by the above caption borrower, the following amount(s) will satisfy in full the terms of assistance provided by Collier County to borrower: Security Instrument Type I Official Records Reference I Payoff Amount Affordable Housing Density Bonus I OR 4128 PG 1779 1 $0.00 Payment, if owed, should be made to "Collier County Board of County Commissioners" and delivered to the following address: Collier County Housing, Human and Veteran Services Attn: Priscilla Doria 3339 Tamiami Trail E., Suite 211 Naples, Florida 34112 If you have any questions please feel free to contact Priscilla Doria at 239 - 252 -5312. Sincerely- Frank Ramsey Manger — Housing Development CC: Priscilla Doria SHIP Loan Processor HOLtS 11g, H andtj Vetteeran,.Ser ics �� 6i (i0311Ef ('.pUASy 3339 Tamiami Trail East. Suite 211 • Naples. FL 34112 -5361 239 - 252 -CARE (2273) - 239 252 -HOME (4663) - 239 - 252 -CAFE packet Page - 1013 -'7) • 239- 252 -VETS (6387) • www .colliergov.net/humanservices ,**—\ DOC @.7_0_5609.0_0_ REC $10.00 * ** INSTR 4576151 OR 4693 PG 1089 RECORDED 6/20/2011 9:04 AN 11 /8/2011 Item 16. D.12. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY DOC @.70 $609.00 REC $10.00 CONS $87,000.00 This Document Prepared By and Return to: Joshua D. Rudnick CONROY, CONROY 6 DURANT, P.A. 2210 Vanderbilt Beach Road, Suite 1201 Naples, Florida 34109 Pareel ID Number. 24680903422 Warranty Deed This Indenture, Made this /3M day of June , 2011 A.D., Between Holly A. Pergola a /k /a Holly Pergola- Cunningham, a married woman, joined by husband, Todd Cunningham or the County or COLLIER , State of Florida , grantors, and Igor Tchebotarev and Helen Mihailovich, husband and wife, as tenants by the entirety whose address is: 4430 Botanical Place Circle, #103, Naples, FL 34112 of the County of Collier , state of Florida , grantees. W itnesseth that the GRANTORS, for and in consideration of the sum of - ----------- ----- - - - - -- -TEN DOLLARS ($10) -- --------------- - - - - -- DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said GRANTEES and GRA successors and assigns forever, the following desrnbed land, situate, lying and being in the County of Collier �j� �i� L} A of Florida to wit: Unit 6103, Botanical Pla ondo i'itsu>��ecccording to the Declaration of Condomirix" ereof as rec34�6d in Official Records Book 3933, page 2592, as , of the pub1� Records of Collier County, Florida. j -` '`�� \ ` Subject to real prop zoning, building cod governmental authori record, if any; res the subdivision. Together with all tenem belonging or in anywise e year of closing; imposed by mineral interest of easements common to appurtenances thereto To Have and to Hold, the same i'n 7feg'simple forever. o 1laa��7Y and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons wllototvtt. In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above written. SjgFFgd, sealed and delivere in our presence: / � /aPg'ZZ6& 'r �- (Seal) Printed Name: Rebecca Pagcut Holly A. Pergola a /k /a Holly Witness Pergola- Cunningham D _ P.O. Address: 1927 Blackstone Circle, NAPLES, FL 34109 (Seal) rinted Name: Jc,CIY an K- Todd Cunnin Witness P.O. Address: 1927 Blackstone Circle, NAPLES, FL 34109 STATE OF Florida COUNTY OF COLLIER The foregoing instrument was acknowledged before me this /J"4 day of June , 2011 by Holly A. Pergola a /k /a Holly Pergola - Cunningham, a married woman, joined by husband, Todd Cunningham who are personally known to the or who have produced their Florida driv 1 S I —enssee as identifcati r was dOUYKVMAERBILT _ MYCOtMS40NIEE062106 ExPoPES:.tamnly to.2ou P rated Name: :-'t� teeln.,wa.rt�eetaerrr- *• . } --•, Public Packet Page - 1014- 1Expires: PERGOLA I—G—d by 0 Dip, Sy. —lx.. 2011 (9631763.5555 F— FLWD -1