Placement: Consent Agenda
Action Requested: Motion / Vote
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Authorizing the City Manager to Execute an Amendment to the Declaration of Restrictive Covenants for Lisa Heintz and Dierk Heintz Regarding Residential Real Property Located at 4626 SW Inagua Street.
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Submitted By: Carmen A. Capezzuto, Director of Neighborhood Services.
Strategic Plan Link: The City’s Mission to be responsive to our community.
Executive Summary (General Business): Staff received a request from Dierk Heintz and Lisa Heintz requesting the removal of Lisa Heintz from the Restrictive Covenant that was executed pursuant to Ordinance 21-16.
Presentation Information: N/A.
Staff Recommendation: Move that the Council provide authorization to the City Manager to execute an Amendment to Declaration of Restrictive Covenants, pursuant to the Heintz’s request.
Alternate Recommendations:
1. Move that the Council amend the recommendation and authorize the City Manager to execute an Amendment to Declaration of Restrictive Covenants for the Heintz family.
2. Move that the Council not approve the request and provide staff direction.
Background: As part of the City’s Gold Star Family/Home program, Ordinance 21-16 approved the transfer of real property located at 4626 SW Inagua Street, a city-owned lot with a home constructed and donated by Synergy Homes, to the applicants, Lisa Heintz and her son, Dierk Heintz.
Issues/Analysis: Staff consulted with the City Attorney’s Office regarding the best way to proceed with the family’s request. With approval of this agenda item, the family would execute and record a Quit Claim Deed conveying the property to Dierk Heintz and removing Lisa Heintz as an owner. Once completed, the Deed will be provided to the City as their official request to remove Lisa Heintz from the Restrictive Covenants.
Financial Information: This modification does not change any financial terms of the agreement. The property would remain under a 25-year payment free mortgage via the Restrictive Covenant. The City would receive a prorated payback of 4% times the number of years remaining on the mortgage if the property is sold within the 25-year period.
Special Consideration: N/A.
Location of Project: 4626 SW Inagua Street, Port St. Lucie, FL 34953.
Attachments:
1. Current Declaration of Restrictive Covenants with Owners Lisa Heintz and Dierk Heintz.
2. Proposed Amendment to Declaration of Restrictive Covenants.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 23270-08.
Legal Sufficiency Review:
Reviewed by Margaret M. Carland, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.