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Agenda 12/13/2011 Item #16D 612/13/2011 Item 16.D.6. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a release of lien for the Disaster Recovery Initiative Single Family Rehabilitation Program for an applicant determined to be ineligible but for which no funds were disbursed. OBJECTIVE: To approve and authorize the Chairman to sign a release of lien for the Disaster Recovery Initiative Single Family Rehabilitation Program for an applicant determined to be ineligible but for which no funds were disbursed. CONSIDERATIONS: The Disaster Recovery Initiative (DRI), a federally - funded grant program through the Florida Department of Community Affairs administered by Collier County, provided funding to income qualified applicants to assist in the repair of storm - related damage or to mitigate against future storm- related damage. Pursuant to the DRI Administrative Plan, approved by the Board of County Commissioners on April 22, 2008, recorded in Official Records Book 4361, Page 3103, an applicant executes a security instrument (lien) secured by the subject property for the amount of assistance being provided. Anne Delva was initially qualified for participation in the Single Family Rehabilitation Program. Later, as a result of an audit of the Clerk of Courts, evidence was located by staff that confirmed the applicant had received payment for the storm- related damage from an insurance carrier. This payment from the insurance carrier was intended to fund the rehabilitation work proposed under the DRI award. The grant program does not permit the duplication of benefits and, as such, the client was subsequently determined ineligible for program participation. No funds were expended for this project. However, per the DRI Administrative Plan, a lien agreement in the amount of $90,000 was recorded in the Public Records of Collier County to enforce the terms of assistance (OR Book 4672, Page 0046). Now that the individual has been determined ineligible, and in order to complete the denial of the project, a release of lien is required. FISCAL IMPACT: None. On recommendation by the County Attorney, applicant will be asked to pay the costs for recording. If the applicant does not pay, the release of lien will not be recorded. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: In this program, a lien is placed on the property prior to the issuance of any funding. For the reasons set forth above, no grant funds were ever expended, and accordingly the lien must now be extinguished. Given that the applicant is at fault, the costs of recording the release of lien should be borne by the applicant. This item has been reviewed by the County Attorney, is legally sufficient, and requires majority support for approval. —JAK RECOMMENDATION: To approve and authorize the Chairman to sign a release of lien for the Disaster Recovery Initiative Single Family Rehabilitation Program for an applicant determined to be ineligible for which no funds were disbursed. Prepared By: Lisa Oien, Grant Coordinator, Housing, Human and Veteran Services Packet Page -2468- 12/13/2011 Item 16.D.6. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6. Item Summary: Recommendation to approve and authorize the Chairman to sign a release of lien for the Disaster Recovery Initiative Single Family Rehabilitation Program for an applicant determined to be ineligible but for which no funds were disbursed. Meeting Date: 12/13/2011 Prepared By Name: OienLisa Title: Grants Coordinator,Housing, Human & Veteran Services 11/9/2011 9:46:32 AM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: OienLisa 11/9/2011 9:46:34 AM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 11/13/2011 2:25:41 PM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 11/16/2011 8:44:58 AM Name: RamseyMarla Title: Administrator, Public Services Date: 11/16/2011 12:55:28 PM Name: WhiteJennifer Title: Assistant County Attomey,County Attorney Date: 11/17/2011 1:50:15 PM Packet Page -2469- Name: KlatzkowJeff Title: County Attorney, Date: 1 1/18/20114:24:09 PM 12/13/2011 Item 16.D.6. Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 11/21/2011 10:06:17 AM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 11/21/20113:08:47 PM Packet Page -2470- 12/13/2011 Item 16.D.6. Prepared by: 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 Lien Agreement executed by Anne Delva to Collier County, recorded on 4/1.4/2011 in Official Records Book 4672, Page 46, 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: Lot 22, Block B, South Tamiami Heights, as recorded in Plat Book 3, page 44 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. Dated this day of , 2011. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Packet Page -2471- INSTR 4549200 OR 4672 PG 46 RECORDED 4/14/2011 1:54 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 Prepared by and to be returned to: Collier County I loaning B Human Services 3339 E Tamiami Trail Suite 211 Naples, FL. 34112 LIEN AGREEMENT DISASTER RECOVERY INITIATIVE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM 12/13/2011 Item 16.D.6. As provided by the January 31, 2011 Disaster Recovery Initiative Single Family Rehabilitation Assistance Agreement ( "Agreement "), a copy of which is attached hereto as Exhibit "A ", Ihve Anne Delves as Grantee(s), do hereby acknowledge that 3404 SEMINOLE AVE, NAPLES, FLORIDA 34112, more particularly described as (LOT 22, BLOCK B, SOUTH TAMIAMI HEIGHTS), ACCORDING TO THE PLAT RECORDED AT PLAT BOOK 3, PAGE 44 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (PROPERTY ID NO. 74411360006) (the "Property "), is subject to this lien ( "Lien ") in favor of Collier County, Florida. We further acknowledge the terms and conditions of this Lien, including the following: 1. The Lien secures the sum of Ninefrt J —_ �T`ii3i$u �OQI] 00 Dollars ($90,000.00); and 2. The basis of the Lien is titti �cment attached heiete" Exhibit "A"; and 3. The Lien shall bear a zero n"erc&-Nao /nl erect rate_ 2nr4 4. The Lien shall be released a er 4ve (5� Ni: {h " to e (s} �tas continued to occupy the home located on the 1#t e4x a .t nnnclnil reside e*lrr $ 5. If prior to five (5) yt*� \the Property is t ferr4401d, refinanced or no longer occupied by the o�tizterr}f the principal shall lit to and subtracted by monthly amounts equal to 1l60a o tTlg tpunt listed jp S1Wi 1 of this Lien. The number of monthly amounts subtracted 11' 1 .% a the Agreement to the date of such transfer, sale, refinance or non- occaf)afle3 -- IN WITNESS WHEREOF, the said Grantees have signed and scaled these presents this :91 des} ofSauuar- u_,ZO11 Print Name: STATE OF FLORIDA COUNTY OF COLLIER By: ' jielva. JclL�X,(li� Antte Delves By: The foregoing instrument was acknowledged before me this art day of 7ky. 2011, by l,vf, ,r- /V -I ' who [_] are personally known to me or L,,::j'produced b c., as proof of idenyty. (NOTARIAL SEAL) (Signature of Notary Public) . ..... (Print Name of Notary Public) a .r� usn o1EN Serial 1 Commission Comm# DD0781837 : My Commission Expires: E)V- 42312012 ...Fb:M,a,N— yAam.. j.r Packet Page -2472- OR 4672 PG 47 Exhibit "A" 12/13/2011 Item 16.D.6. COLLIER COUNTY HOUSING AND HUMAN SERVICES DISASTER RECOVERY INITIATIVE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SINGLE FAMILY REHABILITATION ASSISTANCE PROGRAM AGREEMENT This Agreement is executed this 31 "day of January,, 2011 by ANNE DE LVA ( "Owner "), the undersigned and real property owner of a single- family home located at 3404 SEMINOLE AVE NAPLES FLORIDA 34112( "Property "), who has been awarded Single Family Rehabilitation Assistance not to exceed the amount of NINETY THOUSAND AND 001100 DOLLARS (590.000.00) (**Assistance") through Collier County from the Florida Department of Community Affairs' Disaster Recovery Initiative. By signing this document, Owner, to the fullest extent permitted by laws and regulations, holds harmless Collier County and their agents and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and changes of attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the work. C, rte Owner agrees to execute a Disaster Rcco4�Inrttatrve FlortZfa�e�a�4nent of Community Affairs Single Family Rehabilitation Assistance Program Lie This Aareeatnen�,shall be attached to Lien as Exhibit "A ". Owner acknowledges that the amount of f�stst ' e (evij! settr�d �{ fen against the Property. The Lien will be a Deferred Payment Loan, bear a zero pCtcC r R j t - shal ejg °n am razing. The Lien shall be released after five (5) years if Owner continues too dpk the Property a princ I re$ide ucg hf prior to five (5) years the Property is -. transferred, sold, refinanced or no longofe4pied by Owner, the P'nmcipal`st II be forgiven and subtracted by monthly ifil+imounts subtracted shall be from the date ofthis amounts equal to i /60" of the amount AssrstanF? > � �, �f(~ t `i'r"�L / Agreement to the date of such transfer, sale, refinanli :e�et-ndls.:bc�eupancy. IN WITNESS WHEREOF, said Owner has executed this Agreement effective the date and year first above written. ESSES: Print Name/rrx @e Anne Delva By: Print Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing ins rument was acknowledged before me this � day of IA rV � , 201 1, by V E /vM who f_) are personally known to me or produced d Z_ . as proof of identi j (NOTARIAL SEAL) (Signature.ofNotary4Pu ic) i Z e ....... .......u5n.oiEN....,,,,.,.,,,,. (Print Name of Notary Public) Comm* DD0781837 Serial / Commission 4: g ors 4014 My Commission Expires: ;CF` Fbrft Wdary ASajm ' Packet Page -2473- OR 4672 PG 48 SFR Agreement Created 01.12.2011 REHABILITATION AGREEMENT BETWEEN COLLIER COUNTY AND THE OWNER Name of Owner: Address of property to be improved: Anne Delva 3404 Seminole Ave Naples. Florida 34112 12/13/2011 Item 16.D.6. The Owner certifies that he /she has received, read, and understands the rehabilitation contract price, the scope of work, the rehabilitation and construction process, and the services to be offered and performed.o 'er;roperty. The Owner acknowledges and approves of the Contractor sglle to r > Io the amount of the contract and the scope of work to be perforr Furthermore, the Owner ACCESS: The Owner will 91 a �cce hours to all parties involved tr�r e continues to occupy the aw established between the Ot and the PERSONAL PROPERTY: T %e -owner agrees to construction area as to not in�erfte, , ' th arc have easy access in and around' � f necessary for the rehabilitation process i�pert during normal business 5s. il.n the event that the Owner r , . tyre of operation will be /personal property within the Y``of work. The Contractor shall me for operation of equipment PETS: The Owner will secure all pets at a location as to not interfere with the construction process and allow the Contractor to fulfill the requirements of the contract. COOPERATION: The Owner will cooperate fully with Collier County Housing, Human and Veteran Services, and the Contractor during the performance of the contract. The Owner will fully comply with the terms of the Residential Rehabilitation Agreement between Owner and Contractor. The Owner will fully enforce its rights and remedies as provided in the Residential Agreement between Owner and Contractor. UTILITIES: The Owner will agree to fully furnish the use of electricity and water to the Contractor, at no cost to the Contractor or Collier County, during the rehabilitation process. TIME & PERFORMANCE: The Owner shall ensure that Contractor shall start the work within fifteen (15) days of receipt of a Notice to Proceed, and will finish all work within one hundred and eighty (180) days thereof. The Owner shall provide written Page t of 3 Packet Page -2474- 12/13/2011 Item 16.D.6. OR 4672 PG 49 SFR Agreement Created 01.12.2011 authorization to the Contractor for the commencement of work. If the Contractor fails to start or finish the work within the time allowed, the Contractor would have defaulted on the contract and the Owner will have the right to terminate the contract. A notice to terminate the contract shall be in writing and addressed to the Contractor and Collier County. Such notice shall be sent by certified mail within five (5) business days of termination. If the Contractor performs sub - standard work as determined by the building inspector or the Rehabilitation Specialist, He or She shall have ten (10) days to correct the work. if the work is not corrected within the time allowed, the Owner shall have the right to terminate the contract and he /she may hire the Contractor who had the next lowest bid in order to complete the unfinished work. All new contracts and Contractors must be approved by Collier County Housing, Human and Veteran Services. Any additional costs or fees to complete the work will become the responsibility of the Owner, as well as recovering such costs or fees from the original Contractor. CHANGE ORDERS: The Owner 7=-:e�es that no changes in material or description of work shall take piacevui* being notified in writing. Such said changes shall be in the f©rgt�ta hange OrdT end agreed upon by the Owner and the Contractor. All chaggesmust be approved b ollier County Housing, Human and Veteran Services before worker mences —,� LiEN ON PROPERTY: The ( iWrield�ic�riP*16d"e ',n, lfiriderstands that a lien will be placed upon their prope�y, �the fie eau e9a( tt total cost of rehabilitation, surveys, title searches an f; r} i ter ed tin o`'st fated to the rehabilitation process. The lien holder wikbe\Collier County. HOLD HARMLESS: The Ov*,&e 'a rgees to indemn' 4ntl;iiold harmless Collier County and its affiliates from any and a �lidbI r�ir r djury, death, sickness, disease, property damage, theft, or any los $i' pew =�y execution of work under this contract. The Owner agrees to pay reasona le attorney's fees if Collier County is required to defend or prosecute any claim or action arising out of this contract not caused by act or omission on the part of Collier County. It is understood that the Contractor is acting in the capacity of an independent Contractor with respect to the Homeowner. ACKNOWLEDGEMENT: I, the Owner, have received, read and understand the Owner's Agreement and shall enforce and agree to the policies within during the rehabilitation process. Page 2 of 3 Packet Page -2475- *** OR 4672 PG 50 * ** SFR Agreement Created 01.12.2011 SIGNATURE PAGE 12/13/2011 Item 16.D.6. Signed, sealed and delivered in the presence of: Wdness#1: --Z�MrY1#j- /2-9'9rnmSo0C_ Signature: Q-- o Owner na ur Witness#2: Signature: Co- Owner Signature: STATE OF FLORIDA / "�f,R CO COUNTY OF C!cllit= v � The foregoing �ntrument was acknowle e e rem (name of person acknowledgin) 4 ......... ............................... / rG e LISA OlEN of N61ar? f •J, (t�p_� "u» epmm #DD078183 n E)Oresv23=2 L1S �C1 ' w Florida N&WYAs +..Inc E Name of NotafV Cc .......... ..............................: Personally Known OR Produce e ttic�h+i Type of Identification Produced Packet Page -2476- 201 , by dw State of Florida {Printed, or Stamped Page 3 of 3