Agenda 03/23/2010 Item #16D 1
Agenda Item No. 16D1
March 23, 2010
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a Release of Declaration
of Restriction with Immokalee Senior Housing, Ltd for the infrastructure construction on
2.33 acres in Immokalee, Florida to enable Immokalee Senior Housing, Ltd to construct
thirty (30) new one- and two-bedroom rental units targeted to very low-income elderly
residents.
OBJECTIVE: Approve and authorize the Chairman to sign a Release of Declaration of
Restriction with Immokalee Senior Housing, Ltd for the infrastructure construction on 2.33 acres
in Immokalee, Florida to enable Immokalee Senior Housing, Ltd to construct thirty (30) new
one- and two-bedroom rental units targeted to very low-income elderly residents.
CONSIDERATIONS: Per Resolution 2005-157 (4-12-2005) the CDES Division Administrator
had the authority to sign documents pertaining to the U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) program. The purpose of
the award to Immokalee Senior Housing, Ltd was to fund the infrastructure construction ofthirty
(30) new one- and two-bedroom rental units targeted to very low-income elderly residents A
Declaration of Restriction was placed on the property and recorded on April 9, 2004 by the
Collier County Financial Administration and Housing Department. The award amount, as
detailed in the subrecipient agreement, of up to $86,122 was terminated and the funding was
returned to the Collier County Financial Administration and Housing Department. However, the
Release of Declaration of Restriction was not recorded at that time.
On March 3, 2010, Immokalee Senior Housing, Ltd requested that Collier County record a
Release of Declaration of Restriction.
FISCAL IMPACT: Acceptance of this Release of Declaration of Restriction will have no effect
on general funds.
GROWTH MANAGEMENT IMPACT: The CDBG project associated with this subrecipient
agreement assisted in meeting the goals, objectives and policies set forth in the Housing Element
of the Growth Management Plan. Approval of this item will have no growth management
impact.
LEGAL CONSIDERATIONS: This item is legally suffIcient for Board action. -JW
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to sign a Release of Declaration of Restriction.
Prepared by: Rosa Munoz, Grants Coordinator
Housing and Human Services Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1601
March 23, 2010
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16D1
Recommendation to approve and authorize the Chairman to sign a Release of Declaration of
Restriction with Immokalee Senior Housing, Ud for the infrastructure construction on 2.33
acres in Immokalee, Fiorida to enable Immokaiee Senior Housing, Ud to construct thirty (30)
new one- and two-bedroom rental units targeted to very low-income elderly residents.
3/23/20109:00:00 AM
Date
Prepared By
Rosa Muoz
Public Services Division
Grants Coordinator
Human Services
3/8/201010:59:12 AM
Date
Approved By
Marcy Krumbine
Public Services Division
Director - Housing & Human Services
Human Services
3/8/2010 11:10 AM
Date
Approved By
Marla Ramsey
Public Services Division
Administrator - Public Services
Public Services Division
3/9/2010 3:23 PM
Date
Approved By
Kathy Carpenter
Public Services
Executive Secretary
Public Services Admin.
3/9/20104:00 PM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
3/10/20109:34 AM
Date
Approved By
Jeff Wright
County Attorney
Assistant County Attorney
County Attorney
3/11/20103:37 PM
Date
Approved By
Sherry Pryor
Office of Management &
Budget
ManagemenU Budget Analyst, Senior
Office of Management & Budget
3/11/20104:14 PM
Approved By
Date
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
3/12/20107:58 AM
Date
Approved By
Jeff Klatzkow
County Attorney
3/12/20102:36 PM
Approved By
Mark Isackson
Office of Management &
Budget
Agenda Item No. 16D1
March 23, 2010
Page 3 of 7
Management/Budget Analyst, Senior
Date
Office of Management & Budget
3/13/201010:17 AM
Display Actual Cost Line Items for Projects
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Layout
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Cost Element
Posting Date
USD
/NAIlCY GRARKPEPOOO
lIES 345051
331555 To 882100
To
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CDBG EntitllD.ent Fund 0
HUD GRANTS. .
weB... Cost Elam. Cost element name
,345051: 8821 00 REMITTANCES PRIVATE
"3'4505188:2'1"00 - REMrrTANC-EsPRrVATE'
345051 882100 REMITIANCES PRIVATE
34505",882100 REMITTANCES PRIVATE
345051'ss2100 REMl'rTANCEB PRIVATE
3450513'31555 'HUD oRANTS
345051 331555 HUO GRANTB
Purchasing DOcument
345051 - 8821 00 REMITTANCES PRIVATE
purch_kiO Docl.nerIl450003D648 -
345051 8sil 00"" -"REMnTANCESPRIVATE
purchasingoOCUiiteOt'.sooo78706 --
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II Val/COArea Cr DocumentHeaderTexl postg Date
86,122.00- :deposlt 1212B, 07989S366 01/2512007
-. -1 Ei'8:87e'-6-Cl~-'depi)sl1'2i2e-;6i989B366
22',047.00. :deposlt1 2128,'079898366:
12,119.00'lNT CD-PL.'-US '0:2'211200i
4:h.oo:iNTCD-PLI.JS 04/24'2007
427,07S:l1-HUD IDis DRAW 05/02/2007
24,805.02-' 7'25 coecibraw- 07651:2007'
736,378.33.
13,300.00 Pay Request 12
13,300.00
4io,ooO.riO'Pmtl :HabltaiNapiesM'an .' 04117i2'O07" 5000368833
420,000.00.
303,11711.33- .
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RefDocNo Na e
100205433 United Church COSO Repa.,., Land ACQ, Senior Hsg
1 OCl20543i-'-Unlted Ch-urehCDEI(j"R-epay~Iand'ACq: S"s"n-iorHsg-
1 00205'4:ii' -:-Ul1ltedChurc'h'COSG 'RElpay,ca-nd Acq: Sel1iorHs'g"
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.. 10.0223124 512 V# 1 403060 2003 COSO
-10023680B .10180ro;.,11432373
0510712007 50110375217,
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Agenda Item No. 16D1
March 23, 2010
Page 5 of 7
Prepared by:
Rosa Munoz
Record and Return to:
Collier County Housing & Human Services Department
3301 E. Tamiami Trail, Bldg H, Suite 211
Naples, FL 34112
THIS SPACE FOR RECORDING
RELEASE OF DECLARATION OF RESTRICTIONS
THIS DOCUMENT is signed by Collier County, Florida ("Lien Holder"), who is the
owner and holder of, and has not transferred, assigned, pledged, or otherwise encumbered any
interest in, the following described Declaration of Restrictions ("Restriction"):
Declaration of Restrictions recorded on April 09, 2004 from Immokalee Senior Housing, Ltd,
("Owner") to Board of County Commissioners of Collier County securing those certain
Covenants of land in the original amount of Eighty Six Thousand One Hundred Twenty- Two
Dollars ($86,122.00), which Restrictions are recorded in the following:
OffIcial Records Book 3539, Pages 0270 through 0272, inclusive,
of the Public Records of Collier County, Florida, encumbering certain property located in Collier
County, Florida, as more particularly described in the Restriction and the attached legal
description; and
This lien was to secure a claim of the Lien Holder against the Owner for the following:
For infrastructure on 2.33 acres in Immokalee, FL to enable Immokalee Senior Housing, LTD to
construct thirty (30) new one- and two-bedroom rental units targeted to very low-income elderly
residents.
Now in consideration of Eighty Six Thousand One Hundred Twenty-Two Dollars ($86,122.00)
paid by Owner, the receipt and sufficiency of which are acknowledged, Lien Holder does hereby:
I. Release, discharge, and terminate the above Restriction and certify that the claim secured
thereby has been fully paid and satisfIed;
2. Authorize and direct the Clerk of the Circuit Court in and for Collier County to discharge,
cancel, the Restriction; and
3. Release and forever discharge the Owner from all claims, causes of action, demands and
liabilities of whatever nature which the Lien Holder ever had, now has or hereafter may
have in connection with the above Restriction.
This instrument shall bind Lien Holder and its heirs, legal representative, successors and assigns.
This instrument shall inure to the benefIt of Owner and its heirs, legal representatives, successors
and assigns.
Agenda Item No. 16D1
March 23, 2010
Page 6 of 7
IN WIlNESS WHEREOF, this Release of Restriction is executed under seal on the
day of
,2010.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
. Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Agenda Item No. 1601
March 23, 2010
Page 7 of 7
LEGAL DESCRIPTION
A portion of the southeast Yo of the southwest Yo of Section 33, Township 46
south, Range 29 east, Collier County, Florida, being more particularly described
as follows:
commence at the southwest comer of the northwest Yo of the southeast Yo of the
southwest Yo of said section 33, thence n. 00'00'20" w., along the west line of the
northwest Yo of the southeast Yo of the southwest Yo of said section 33 (said line
also being the centerline of 11 th Street North), a distance of 194.68 feet, thence n.
89'50'40" e., parallel with the north line of the northwest V. of the southeast Yo of
the southwest 1/4 of said section 33, a distance of 30.00 feet to the east right-of-
way line of said 11th Street North and the point ofbecinning: of the parcel of land
herein described, thence north 89'50'40" east, a distance of 53.65 feet, thence
south 00'07'58" east, a distance of 202.04 feet, to a point of curvature thence
southeasterly, 39.24 feet along the arc of a circular curve, concave northeasterly,
having a radius of 25.00 feet, through a central angle of 89'56'09" and being
subtended by a chord which bears south 45'06'02" east, 35.34 feet to a point of
tangency; thence north 89'55'53" east, a distance of 136.98 feet, thence south
00'05'13" west, a distance of 12.20 feet, thence north 89'59'43" east, a distance
of 84.14 feet to a point of the west line of the northwest Yo of the southwest Yo of
the southeast Yo of the southwest Yo of said section 33, thence south 00'00'45"
east, along last said line, a distance of 288.89 feet to a point on the south line of
the northwest V. of the southwest Yo of the southeast Yo of the southwest Yo of said
section 33, thence south 89'54'32" west, along last said line, a distance of 300.26
feet to a point on the east right-of-way of said 11 th Street North, thence north
00'00'20" west, along the north right-of-way line of said 11th Street North, a
distance of 528.23 feet to the point of beginning, containing 101.785 square feet
or 2.337 acres more or less.