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Agenda 07/26/2013 In Absentia BCC ABSENTIA AGENDA July 26, 2013 2013 EXECUTIVE SUMMARY APPROVED IN BOARD'S ABSENCE ITEM #16F1, TO BE RATIFIED ON SEPTEMBER 10, 2013: APPROVAL OF THE FOLLOWING DOCUMENTS BY THE COUNTY MANAGER IS SUBJECT TO FORMAL RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS. IF THE DECISION BY THE COUNTY MANAGER IS NOT RATIFIED BY THAT BOARD, THE DOCUMENT(S) SHALL BE ENFORCEABLE AGAINST COLLIER COUNTY ONLY TO THE EXTENT AUTHORIZED BY LAW IN THE ABSENCE OF SUCH RATIFICATION BY THAT BOARD. A. RECOMMENDATION TO APPROVE FOUR (4) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM (SHIP) LOANS IN THE COMBINED AMOUNT OF $18,000. B. RECOMMENDATION TO FOUR (4) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM (SHIP) IN ACCORDANCE WITH THE BOARD'S SHORT SALE POLICY, ACCEPTING $2,969.70 TO SATISFY THE TOTAL VALUE OF THE INITIAL SHIP MORTGAGES ($36,542). C. RECOMMENDATION TO APPROVE A GRANT AGREEMENT BETWEEN COLLIER COUNTY AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE 2012 CONTINUUM OF CARE (COC) HOMELESS ASSISTANCE GRANT PROGRAM, FOR THE HOMELESS INFORMATION MANAGEMENT SYSTEM (HMIS) PROJECT IN THE AMOUNT OF $99,662, IN ORDER FOR HUD TO BEGIN THE TRANSFER OF THE GRANT TO CATHOLIC CHARITIES. D. RECOMMENDATION TO REJECT THE SINGLE PROPOSAL RECEIVED FOR REQUEST FOR PROPOSAL (RFP) #13-6063 "CONSTRUCTION ENGINEER AND LANDSCAPE Page 1 July 26,2013 (BCC Ratification on September 10, 2013) INSPECTION SERVICES AND SITE RESTORATION SERVICES FOR VANDERBILT BEACH MSTU: FPL UNDERGROUND CONVERSION PHASE 2 AND 3". Page 2 July 26,2013 (BCC Ratification on September 10, 2013) Patricia L. Morgan From: BrockMaryJo <MaryJoBrock @colliergov.net> Sent: Thursday, July 25, 2013 8:51 AM To: Minutes and Records Subject: Item approved in BCC absence Attachments: b05c9ed7-e2e6-4f36-91a3-a339e80e8fdf.doc Good morning, The attached item was approved by Leo in the Board's absence and will be included under Item 16F1 on the September 10 BCC meeting agenda. Thank you, MJ Mary-Jo Brock - Executive Assistant to Leo E.Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 please consider the environment before printing this email Under Honda I.aw e r.ail a.irtresses are public records It you do not want your e-rn Lei address reie ased in respouse to a pubic records rect.rest,do rot send eft.rstrenic mart to this entity. instead,contact this office by telephone or in writing. 1 COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve four (4) mortgage satisfactions for the State Housing Initiative Partnership Program (SHIP) loans in the combined amount of$18,000. Meeting Date: 7/23/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing, Human &Veteran Se 7/22/2013 1:58:11 PM Submitted by Title: Operations Coordinator,Housing, Human & Veteran Se Name: KlopfWendy 7/22/2013 1:58:12 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 2:27:3 8 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 7/22/2013 2:31:04 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 7/22/2013 2:32:49 PM Name: MesaNancy Title: Accountant,Housing, Human &Veteran Services Date: 7/22/2013 2:49:23 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 2:54:07 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 7/22/2013 5:00:04 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/23/2013 8:28:51 AM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:34:43 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:11:28 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/24/2013 9:24:23 AM Name: OchsLeo Title: County Manager Date: 7/24/2013 5:02:28 PM EXECUTIVE SUMMARY Recommendation to approve four (4) mortgage satisfactions for the State Housing Initiative Partnership Program (SHIP)loans in the combined amount of$18,000. OBJECTIVE: Approve four(4)mortgage satisfactions. CONSIDERATIONS: The State Housing Initiative Partnership Program (SHIP), a state affordable housing program, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. The following table provides details regarding the associated mortgages that have been repaid. As such, satisfaction of the mortgages is required. Name Security Mortgage Payoff Public Record Instrument Amount Amount Kimberly Ann SHIP Second $5,000.00 $5,000.00 OR Book: 3067 Page: 1587 Murray Mortgage John J Rowland SHIP Second $10,000.00 $8,423.14** OR Book: 3945 Page: 3384 Mortgage(with rehab) Javier SHIP Second $3,000.00 $3,000.00 OR Book: 4492 Page: 505 Rodriquez Mortgage Lawrence SHIP Second $2,500.00* $2,500.00* OR Book: 2591 Page: 841 Mosher*(paid in Mortgage Check#550698 posted 2001 not 11/16/2001 released) _ transaction#299749 Total $18,000.00 $16,423.14 *These funds were recognized in 2001 and posted in the county's fiscal system prior to SAP when received and therefore not included in the total but the mortgage was not satisfied. ** Mr. Rowland expended $8,423.14 in SHIP funds; therefore only repayment of those funds is required. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document (s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Approval of this item will authorize the County Manager to sign the aforementioned release of liens and the executed documents shall be recorded in the Public Records of Collier County,Florida. FISCAL IMPACT: The amount repaid within the current Fiscal Year 2013 totals $16,423.14 , is considered program income and has been deposited within SHIP Grant Fund 791, Project 33258 ($13,423.14), and SHIP Grant Fund 791,Project 33222 ($3,000.00). The Mosher funds($2,500.00)have been recognized in a previous Fiscal Year(2001)at the time of the payoff. Such funds may be reused for eligible SHIP program activities. LEGAL CONSIDERATIONS: This item approved as to form and legality and requires a majority vote for Board action.—JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Approve and authorize the County Manager to sign four (4) mortgage satisfactions for owner-occupied affordable housing units for which repayment in full has been provided to Collier County. Prepared By: Wendy Klopf,Operations Coordinator,Housing,Human and Veteran Services COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve four(4) mortgage satisfactions for the State Housing Initiative Partnership Program (SHIP) loans in the combined amount of$18,000. Meeting Date: 7/23/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 7/22/2013 1:58:11 PM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy 7/22/2013 1:58:12 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 2:27:38 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 2:31:04 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 2:32:49 PM Name: MesaNancy Title: Accountant,Housing,Human&Veteran Services Date: 7/22/2013 2:49:23 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 2:54:07 PM Name: BelpedioJennifer Title:Assistant County Attorney,County Attorney Date: 7/22/2013 5:00:04 PM Name: CarnellSteve Title:Director-Purchasing/General Services,Purchasing Date: 7/23/2013 8:28:51 AM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:34:43 PM Name: StanleyTherese Title:Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:11:28 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/24/2013 9:24:23 AM Name: OchsLeo Title: County Manager Date: 7/24/2013 5:02:28 PM Prepared by:Wendy Klopf Collier County Housing,Human&Veteran Services 3339 E.Tamiarni Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOWN 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 Mortgage executed by Kimberly Ann Murray to COLLIER COUNTY, recorded on July 8, 2002 in Official Records Book 3067, Page 1587, of the Public Records of Collier County, Florida, securing a principal sum of $5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: Lot 6,Block B,Habitat Village.According to the Plat thereof as recorded in Plat Book 37,pages 48 through Si,inclusive,of the Public Records of Collier County,Florida. (12055 Sitterley Street,Naples,FL 34113) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGTI`E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: __._........_... By: , Deputy Clerk LEO E. OCI-IS, COUNTY MANAGER Approved as to form and legality: yy� ,,» Jennifer A. Belpeddo Assistant County Attorney Prepared by:Wendy Klopf Collier County Housing,Human 8:Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE 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 Mortgage executed by John J. Rowland to COLLIER COUNTY, recorded on December 12,2005 in Official Records Book 3945, Page 3384, of the Public Records of Collier County, Florida, securing a principal sum of 510,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: Building C,Apartment 103,County Club Gardens,Unit one,a Condominium, Collier County, Florida. (1020 Palm View Drive#103,Naples,FL 34110) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk LEO E. OCHS,COUNTY MANAGER Approved as to form and legality: Jennifer A. Belpedid Assistant County Attorney Prepared by: Wendy Klopf Collier County Housing,Human&Veteran Services 3339 E.'famiarni Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34:112, the owner(s) and holder(s) of a certain Mortgage executed by Javier Rodriguez to COLLIER COUNTY, recorded on September 16,2009 in Official Records Book 4492, Page 0505, of the Public Records of Collier County, Florida, securing a principal sum of $3,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: Golden Gate Estates,Unit 63 W 75 ft of E 150ft of tract 103,Collier County Florida. (2930 47th Ave NE Naples FL 34120) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk LEO E. OCHS, COUNTY MANAGER. Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney .„ _ 't Prepared by: Wendy Klopr Collier County Housing.Human&Veteran Services 3339 E.Tamiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE 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 Mortgage executed by Lawrence Mosher to COLLIER COUNTY, recorded on September 10, 1999 in Official Records Book 2591, Page 0841, of the Public Records of Collier County, Florida, securing a principal sum of 52,500.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: Legal Description: The West 75ft of the East 1.80ft of Tract 15, Golden Gate Estates,Unit no.63, according to the Plat thereof,as recorded in plat.Book 7,page 63 of the Public Records of Collier County Florida. (2385 41st Ave NE.,Naples,FL 34120) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013,Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA By: By: Deputy Clerk LEO E.OCITS,COUNTY MANAGER Approved as to form and legality: Jennifer A. Belpe > Assistant County Attorney - ' t 9 betel 3009617 OR: 3067 PG: 1587 010 saal,ol )still)Tttl,)I GDA1uUT SG11CT i IJCO111Lit ttja__a� rts.1 ucales of Ca.1u1 Coon), II GUI S))). o 11Ci gt 01101t G `•s Wfa'g.41ou,clue a C/II) 21)1 THIS SECOND MORTGAGE('Security instrument')Is ghren on June ,2002 The$*(and tAortgagor is: Kimberly Ann Murray,A Single Person )'Borrower'), Tits Security instillment is given to Collier County ('Lender).which Is GgariZed end eotslIng under 1118 104 011ha Urnled Slates ol America,and whose add rese is 3050 North Nora ephoe Drive, #275, Napieet Florida 34014 Borrower owes Lender the:rum of Five Thousand and Hott00the rollers(U.8.1 8,000,00 I• This debt is evidenced by Borrower's Note dated the seine date es this Security Instrument('Second Mortgage'),which provides 1or monthly payments,with the full debt,If not paid eerier,due end payable on pale of property, ret inane• or lose of homes teed ezei tioo . The Security fnetrument secures to Lender,(a)the repayment d the debt evidenced by the Note,with 'merest,and all renewals extenalone and mW(trcatens;(b)the payment of ell other sums,with kwarest advanced under paragraph 7 to protect the security Of the Security Instrument;end(c)the pedorrnar ce el Borrowers covenants end agreements under Otis Security Instrument and the Note. For this purpose,Borrower floes hereby second mortgage,grant and convey to Lender the Ionowing described property located In Collier County,Florida. As more particumny described as Lot 8,Block B,Habitat Village,Colder County,Florida and which has the address of ('Property Addresa'); 12055 aitterley Street, Naples, Florida 34113 TOGETHER WITH all the Improvement*now or hereafter erected on the property,end all treatment.,rights,appurtenances.rents, royalties,mineral,d1 add gas rtghte and profits,water rights end stock end all Itxturas now or hereafter pan of the property.Al replacements and additions shall also be covered by the Security instrument.AA of the foregoing Is reflood to In this Security Instrument es the'Properly'. BORROWER COVENANTS that Borrower is Iawtaxy seized of the estate hereby conveyed and has the right to mortgage,grant and convey the Properly and trial the Property Is unencumbered,except foe encumbrance of record. Borrower warrants and w It defend generally the ere to the Property egetnst all claims end demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and rwn•uritormcovenants with limited variation by )unsdkton to constitute a uniform security Inalnenent covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and eyrie as iOI1ows: 1. Payment of Principal end!Merest;Prepayment and Late Charges. Borrower stall promptly pay when duo the principal ci end Interest on the debt evidenced by the Note, 2.Taxes. The Mortgagor will pay all saxes,assessments,sewer rents or water rates prior to the accrual el any pensions or Interest thereon. The Mortgagor shall pay or cause lobe paid,as the name respectivey become due,(A)(t)se taxes end gaosnmentel charges of any kind whatsoever which may at any time be lawfully assessed or touted against or with respect to the Property,(2)all utility and other charges, trciuding'senice charges',incurred or Imposed for the operation,maintenance,bee,Occupancy,upkeep and improvement of to Property,and (3)all assessments or other governments!charges dui may Iarefrey be pats in Installments over a period o1 years.the Mortgagor shad be obligated ewer the Mortgage to pay or cause to be paid only such Installments se tie:squired lobe paid during the term of the Mortgage.and shad,promptly atter the payment of any of the foregoing,forward to Mortgagee evidence of such payment. 3. Appticatlon of Payments.Unless appscabte law provides otherwise,ill payments received by Lender shall be applcrd:Met to interest due;and.to pdixlpal slue;end last,to any late charges due ewer the Note. 4. Charges;flans.Borrower shall pay eh Isues.easeesmenls,charges,fines and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold payments or ground rents,II any.Borrower shall promptly!venial,t0 Lender at nollees of ernounq to be paw under this paragraph,and sea receipts evidencing the payments. Borrower shall promptly discharge any Gen witch has priority over tele Security tnstument unless Borrower,(a)agrees in writing re the payment 01 the obligation secured by the len in a manner acceptable to Lender,(b)contests h good faith the hen try.or defends agav st enlacement of the ten In,legal proceedings welch in the Lenders oplWon opera!,to prevent the eMoecemenl 01 the ben;a(c)secures Irons the holder o1 the den an agreement satslactory to Lender subordinating the den to this Security Instrument. t lender determines that any part W the Property Is subject toe hen which may attain priority over the Security lnstrumem.tenter may give Borrower a notice identifying the lien. Borrower shalt satiety the tenor she one a more of the echo's set forth above within to days d the gMng of notice. S. Hazard or Property Insurance. Borrower seal keep the improvements now misting or hereafter erected on the Property Insured against toss by lire,Macros InClu4ed within the Term'extended coverage'and any harerds,IncIWirg Roods or hooding,for which Lender requires Insurance,This insurance shall be maintained In the emoune and for the periods that Lender Mull es. The ineurance tartar provtdidng the insurance shall be chosen by Borrower totted to Lenders approval which slug not be Wnreesonaby withheld. II Borrower falls to maintain coverage described above,Larder may,at Landare Wien,Main coverage to protect Lender's rights In the Property In ecca4anC$ with paragraph 7,At all time that the Note Iaoutstanding,the Mortgagor stun maintain Lsurenca with respect to the Premises egainel such risks and for such amounts es are customerihy Insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all•dsk insurance protacdng IM interests d the Mortgage and Mortgagee against toss or damage to Iho Promises by lire,lightning.and tenet casualties Customs*Insured against(Includng bolter explosion,II appropriate),wail a unitorm standard extended coverage endorsement,Including debris removal coverage,Such Insurance at all tines to but in an amount not less than the lull replacement coal of the Premises,exclusive 01 foodnga end feundilions. An Insurance policies and renewals snail be eoceptabte to Lander and shall include*standard mortgage clause.lender shall have • the right to hold the policies and renewals, II lender requires,Borrower stun promptly give to Lender as receipts of paw pearraums end renewal notices. In the event or toes,Borrower shell gee prompt notice t0 the Insurance Calder end l.erder. Lender may make proof ol loss it not made promptly by Borrower. Unmans Lender end Borrower of erwiae agree In writing,Insurance proceeds shah to applied to raalore0on or repair 01 Ms Property damaged,if the resrorallOn Or repair la econor nkedy fa asibia and Lenders security is not lessened. 111ha restoration or repair is not economically lees-We Or Lender6 security would be lessened,the Insolence proceeds can be eppec t0 the sums secured ey the Security instrument whether or not then due.with tiny excess paid to Borrower. II Borrower abandons the Property;or does not'rawer eaten 30 days a notice Irons Lender teal the insurance canter has offered to utile a claim,then Lender may casket the insurance proceeds.Lender may use the proceeds to repair Cr realaa to Property or 10 pay Come secured by the Securitytnatrumenl,wMtlher or nos than due. The 30-day period wilt began when Iha notice Is mailed. Unless Lander end Borrower otherwise agree In writing,any eppUealbn of proceeds CO principal shall not extend or postpone the due dale d the monthly payments referred loin paragraph I or charge the amount of the payments.Ii under paragrapn 21 the Property Is acquired try Lender.Borrowers right to any Insurance policies and proceeds resulting from damage to the Property prior to the acquisition shah pass to Lender to the extent of the sums secured by this Security Inetrurnenl inveterately prior la the acgrde Lion, 0. Occupancy,Preservation,klslnlenanee and Preteetton of the Property}Borrowerle Loan Application,Leaseholds• Bonowen shall occupy,establish,and use the Property as Borrower's principal residence within shry days after the execution 04 this Security instrument and shad continue to occupy the Property sec Borrowers principal residence for at least one year*het the data of occupancy,Weiss Lender otherwise agree In writing,which Consent shall not be unreasonably withheld.or unless extenuating circumstance*exist which ere beyond Borrowers control. Borrower shall not destroy,damage or impair the Property,allow the Property to detenaats,or cannel waste on the Property. Borrower stun be In deleud it any forfeiture lotion or proceeding,whether civil or C11inlMi,la begun that M Lenders good faith judgment could result In forfelture of the Property oe otherwise metedaly Impair the eon creamed by dhls Socially Instrument or Lender's security lateness. Borrower may cure such a delaul end retnslete,,es provided in paragraph 10,by causing the Keen or proceeding to be disrmtesed with a ruling that,In Lenders good faith determination,precludes loieituro of the Woewars Interest in the Property or other material impaiment of the Gen created by this Security Instrvment or Lender's aecuey Interest.Borrower Shad also be In default If Borrower,during the loan application process,gave materially raise or Inaccurate Information or statements to Lender(or IOW to prorlde Lender with any material Information)In connection with the loan evidenced by vie Note,inchlcng•but not limited lo,representations concerting Borrowers occupancy of the Properly as a prndpal residence. 11 Pits Seowiy Instrument is on a leasehold.Borrower;ha1 comely with all the provision of the lease. f Borrower acquires foe tide to the Property,the leasehold end the lee Ede shall not merge uroeas tender agree;to the merger In writing. OR: 3067 PG: 1588 7. Protection of Lenders fisher In Ibe Property.if Borrower leis et perform the cevtnams and agreements cansined In this Security Instrument,or there Is a legal proceeding that may aignHicoMly affect lender's debts in the Property(such as a proceeding in bankruptcy,probate.for condemnaton or forfeiture or to enlace laws or regulations),then lender may do and pay for whatever Is necessary to protect the value ol the Property and lender's rleets in the Property.lenders actions may Iretude paying any sums secured by a fen Meth has priority over this Secwhy Inslrumsnl,appearing in court paying reasonable atiomeye fees and entering on the Property to make repairs. Although ough tender may take action under this paragraph 7,under does not have to do so.Any amounts disbursed by under under rile paragraph 7 shat become additional debt of Borrower secured by INS Security Intlnxnenl,Unless Borrower and Lender agree to other terms 01 payment.these amounts Chat bear interest Iran the dale of r>abursement at the Note rate and shell be payable,with interest,upon notice Iron Lender to Bonowtr requesting payment. e. Mortgage Insurance.it tender requked mortgage insurance as a condition of making the loan secured by this Setenty instrument,Borrower shall pay the premiums requued to maimsln the mortgage Insurance in seal. II,toe any rsuon,the mortgage inswaae coverage required by lender tepees or teases to be In effect,Borrower ehall pay the premiums required to obtain coverage eubseneauy equivalent to the mortgage inaurence previously In'Heel,at a cost eubsteniteby equivalent to the coot to Borrower of the mortgage insurance previously In effect,Iran an egernsis mortgage Insurer approved by Lender.It svbstenttalty eau vatenl mortgage Insurance coverage is not available.Borrower shall pay to Lender each month a sum equal to one'twelfth at the yearly mortgage;neurones premium being paid by Borrower when the Insurance coverage lapsed or ceased to be In effect. tenderer!accept,use and retain these payments as a loss reserve in lieu d mortgage Insurance, Lees reserve payments may rio Longer tie required,at the option of lender.it mortgage k+wrance coveage tin the amount and for the period that tender requires)provided by an Mauler approved by lender again becomes sealable arts to obtained. Borrower shalt pay the pramkems required to maintain mortgage insurance Sr ailed,or to provide a loss reserve.unit the receiremen to mortgage insurance ends In attardenae with any written agreement between Borrower and lender or appecabte law, 0.Inepsotion, lender or es agora may nuke reasonable entries spew and Inspections of the Property,tender shalt give Borrower notice al the time of or prior to an Inspection specifying reasonable cause for the inspection. 10. Condemnation.The proceeds d any award or dafm fa damages,direct Or consequential.In connection with any condemnation or other tarring of any par or the property,or for conveyance In feu or condemnation,are hereby assigned and&tall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be appled to the sums secured by We Sauer),Instrument.whether or not then due, with any excess paid to Borrower, In the event of a partial taking a the Property,In wtdch the fat market value 01 the Properre inert'daftly before the raking is equal to Of greater than the emaunl of the sums secured by leis Saucily instrument immediately before the taking,',Mess Borrower and Lender O:harwiee agree toweling.the soma secured by this Security lnernxnent strait be reduced by the amount of the proceeds mail yl ltd by the lo:awing traction:(e)the total amount d the sums secured Immediately before the taking,divided by(0)dot lair market value of the Property knmadletery before the taking.My balance*hail be paid to Borrower. In the event d a partial taking of the Property in witch the fair market value of the Property Irnmadtately before the taking It lass than the*moue 01 the sums secured Ineveceatey for the taking, unless Borrower and lender oUeervriss agree In writing or unless applicable law otherwise provides.the proceede shall be applied to fie awns secured by this Security Instrument whether or not the sums are then duo.Unless lender and Borrower Otherwise agree in wribrg,any application of proceeds to principal Steal not extend or postpone the due dale of the monthly payments referred to In paragraphs I or dangt Ma amount M such payments. 11. Borrower Not Released,Forbearance By Lender Not a Waiver. Extension of the time for payment or modiliceuon of amortization re the sums secured by tree Security Ineeurnent granted by Lender to any successor In interest of Borrower shall not operate to release hie Nabiiry of the original 8o rswef or Borrower's successors In Interest. Lander shse not be required toocenmence Procaedngr against any tuccesaa In Interest or reluse to*Mena time for payment or otherwise reocey arnorttution 01 the sums►toured by this Security Instrument by reason 0'any demand made by the original Borrower or Borrowefe successors Sr Interest,Any iorbterans*by Lender in exercising any right or remedy shag not be a wake*el or preemie the exercise of eny right or rernedp. 12.Successors and Assigns Bound;Joint and Several Liability;Co-Btgnus.The covenants and agreements of this Security Insmumenl than bind and benefit to successors and asatgns of Lender and Borrower.subject to to Provisions o1 paragraph 17,Borrowers covenants and agreements shall be)ant and several My Bermes,who co-signs this Security Instrument but does not execute the Ha►;(a)is cosigning this Security Instrument only to mortgage,grant and teeny that Borrower's Interest in the Property under the terms of Ws Security Instrument;(b)Is not personally otalgafed to pay the autos secured ty title Security b leiermsne and(c)agrees that lender and any other Borrower may agree to exood modiy,tatear or make any accommOdelions with regard to Me terms el No Security Instrument or the Noe oar hone that Barawer'e consent, 13. loon Charges. II dui loan severed by tee Security InelneneM Is rub eCt 10 r law which sets maximum ban Charges,and that law Is finally interpreted no that to Interest or other loan charges collected or to be collected In connection with the loan exceed the permitted limile,then;(a)any such ban charge shall be reduced by the amount necessary to reduce the cMrge to the permitted tienil;and(o)any sums already collected from Borrower which exceeded pemlMSd twists ova be refunded to Borrower.lender may choose to make Ibis relund by reducing the principal owed under the Note or by making a direst payment to Borrower, it a refund reduces principal,the reduction win be treated as a partial prepayrnenl without any prepayment charge under the Note. 14. Notices,My nonce to Borrower provided fain INs Secretly instrument shat be given by delivering nor by melting fl by fret Class matt unless applicable law required use of another metered. The notice thee be directed to the Property Address or any other eddreas Borrower designates by notice to Lender.Any notke to Lender shall be given to Bor raver or Lender when Oven a*provided In thIS paragraph, 15.Governing Uw;Severebllity.This Security Initurrenl shall be governed by federal law and the law of the jurisdiction In which the Properly is located. In the event that any provision or cease of tots Security Instrument or the Note contida with epplkabra law,such conflict shell not affect otter provisions of this Security beer mere or be Note which can be given teat wtthan the contacting provision, To this and the provieiona ol tab Security trtetru mere and the Note are declared to be aaverable. IS Borrow*r's Copy. Borrower shell be given one conformed copy or the Nee and of fhb Security Instrument. 17, Trenelef 01 the Property or a Beretlelai Interest In Borrower.1101 or arty part d the Property or any interest In A is sold or Irensterred(or it a beneficial Interest In Borrower is sold Of lranStttted and Deflower be not natural parson)without lender',prior written Consent Lander may,al its option,require I methane payment In full of ail sums Secured by this Savvy Ineevmenl,However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of ere dale Nees Security y Instrument. 11 Under esercised this option,Lender shalt gee(knower wok a of aaeleration.TM mica shall provide a period of not less than 30 days from the date lee note*Is delivered or mailed veentn%Wen Borrower must pay orb sums sawed by this Security Instrument II Borrower fans to pay these sums prior to the*Oration d this period,Lender may Invoke any remedies Pounded by title Saunily tnsee meni w;troul iuti er make or dam en*on BOrrowir, 18.Borrower'*tilgbl to Batnstste. It Borrower meets certain Condit/One.Batower:heir heve the right to nave OMorcameel of this Security Instrument diaccntinued at any time prier to the earlier of (e)5 days for such other period as eppacsble law may specify Or reinstatement)before sale of the Property pursuant to any power ce sale contained In this Security Instrument;or(b)entry of e Judgment enforcing Iris Security Instrument Those catalpas are that Borrower(a)pays lender el Sums witch then would be due under Chit Security Instrument and the Note se It no aaxlemeon had occurred;(b)cures and admit of any other covenants oregrsemen':(c)pays all expenses Incurred In enforcing this Security irtetnmeni,Inch ckg,but not armed to,etasoneble attorneys lees;and(d)raker such action as Under may reasonably require to assure that tM lien or thla Security instrument,lenders dghtr In the Property and Borrower's obligation to pay ire sums secured by Ws Security Instrument shall4on0nre unchanged.Upon reinstatement by Borrower.INS Secretly Instrument end the oblig►UOns secured hereby shall remain Wily effective se C no acceleration had occurred. However,this right to reiMtale shall not appty In the case of acceleration under paragraph 57. 19, Sale of Note;Change el Loan Servitor, The Note or a partial Interest In the Note(togelher with this Security Instwnent)may be sad one or more tmee whhoul prior notice to Borrower. A sale may result In Charge In the entity(known Se the'Loan Servicer')that coeects monthly peymeate due under to Note and this Security instrument, There also maybe one Of more changes 01 the Lan Service: unrelated to r sale of the Note.If there Is a change d the loan Service(,Borrower will be green written nett of to change to accadarhee with paragraph 14 are Applicable law. The notice evil elate the name and address of the new lean Servicer and the address to which payments should be made.The notice Witt also Mein any other Inter etiOn required by apclklble law. 20, Hazardous Substances. Borrower shall not cause or pemdl the pretence.use,deposal.storage,or release of any Hazardous Substances on or Sr the Properly.Borrower shall not do,nor allow anyone alas to do,anything affeetsg the Property that bin rotation of any Environmental law. Tee preceding two sentences shall not apply to the presence,use,or eraage oe the Property of small quantities 01 ha:ardou r Substances that are generally recognized to be appropriate to rnorm&residential uses and to maintenance of the Property, Borrower Vail promptly give Lender written notice for any imostigallon,claim,demand,lawsuit water action by any governmental or reeuuatory agency or private party involving the Property end any Hazardous Substance of Environmental Lewd which Borrower has actual knowledge, If Borrower teams.as Is nottkd by any governmental:ce regulatory authority,teat any removal or other remediaoam of any OR: 3067 PG: 1589 Hazardous Substance etfeceng the Property Is necessary,Borrower shah promptly take as necessary remedial actions in accordance Wits Environmental Law. As used in this paragraph 20.'Hazardous Substances'are those substances defined es toxic or hazardous subetaraes by Environmental Law end the 1Ofiewle9 substances:gaSOtka.kerosene,other flammable or toxte)etroteum products,toxic pesticides and herbicides,volatile solvents.materials containing asbestos or formiedehyde,and radioactive materials.As used in this paragraph 20,'Environmental Lahr means federal laws end laws of the turfsdtcilOn where the Property Is located that retate to health,safety or ernironmentet protection. 21. Acceleration;Remedies.Lender shalt give notice to Borrower;dor to acceleration teeming Borrowees breach 01 any covenant or agreement In tits Security Instilment(but 0c4 peer to secetentkie tinderparaereph 17 unless applicable taw provides otterwila),The slice shall specify:(a)the default;(b)the action required to cure the default;(C)a date,not less than 30 days from the date the notice Is given to Borrower,by which the default must be cured;and(d)that failure to eve the default Ono before the date specified In the notice may result in aceeteratibn of the some secured by this Security Instrument,loreeloeure by Judicial proceedng and sate of the Property.Tyre notice shalt further Inform Borrower el the 0Qh1 to reinstate after acceleration and the Veto assent In the foreelOSeue proceeding the nonexistence of e default Or any other defense el Borrower to ecceteration end foreclosure.If the default Is not cured on or before the date specified In the notice, Lender,at its option,may require immediate payment in full of as sums secured by INS Security lnsstnrmant without further demand and may foreclose this Security iaalrurnent by(udiciat proceedrg.Lender shall be entitled to Collect all execute Incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable aelomey'e fees end costa of the title evidence, 22. Release,Upon payment of all sums secured by this Security Inatrunteni,Laufer shag release this Se:wily Instrument.without charge,to Borrower.Wxrower shall pay any recordation costs. 23.Attorneys'Fees,As used in Its Security Instilment and the Note,'attorneys'tees`shall Include any attorneys'lees awarded by an appellate court. 24. Riders to this Security Instrument.If one or more ddere are executed by Borrower and recorded together with this Security Instrument,the COvenenle and agreements ce each ouch rider Shall be incorporated Into and ehal amend and supplement the covenants and agreements of this Security Instrument se it the nder(s)were a pan of this Security Instrument.(Check Applicable Box) ❑Adjustable Rate Rider 0 Rate Improvement Rider CondomUium Rider ❑Graduated Payment Rider 14 Fatally Rider Second Home Rider B Balloon Rider Biweettty Payment Rider 0 Planned Unfit Devetopmeru Feder Others)(specify SIGNING BELOW,Borrower accepts and agrees to Oa terms and covenants contained in this Security fnsanurrent and in any riders)executed by Borrower end recordsd with it. Signed,seated and de' presence or, _ i Wive/seat:_•..__• •' Signatu • v ♦. j��•'•`- Borrower A .••arty Ann ttur Signature; ��.ea+ Witnesse2— .?YE Signature;AIRY _-.. Co.Borrower Address: 12055 ditterley Street Napleer Florida 34113 STATE OF FLORIDA COUNTY OF(.'�1.e I hereby certify that on this day.before me,an oticer duty authorized In the state aforesaid end in the County atoresal0 to take ecknow",edgemeNS,persona:y appeared Kimberly Ann Murray to me known to be the presents)described in and who executed the foregoing instrument and acknowledged before me That(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and*MOW seat in the CCunysod Slate aforesaid this C711 da 4j7 a' . 20 J My Commission Expires. pi 0 (Seal) ►y� .. r:i fihrir1i NWene t t1 N S srittlt •coda 4 tu E ru eie;0 u a`a.lot CAS* Y'a %as1 File": 02-209 �.r 1 CO co 0 o .,.-. co co CN CV 0 0 0 0 C CO L.r) Ili L't 01 0 01 * Z rezawaa=7 > Z cr co * u ___I = 4,. • . , z . ,. '- ,...._ ,„.t-- --,. 00 Cr) • . 4 ii 4 c, w . . C`4 0 o •0 rn )4 ,,. ...,... .-...) " " = U E.1 Ni ,•.)-' --, El H Q 10 (24 rx1 Prl r.11 Z g ED 0 H 0 0 Hi C., b cil o cf) C4 • ca , r.11 0 H 0 Z o E 0 Lf) 0 H 0 Cil Crl I if} I-4 Z H r4 st -It 0 m Ill .4 . • 1"," z 0 g o >18 6 0'4' cn r.x.i 0 • >"' 0°<0 ■-q CI 0 H 1 4 0 . Et 0 cC CI ro 8 4 4-) Z 00 ce In o al 0 u >i C4 zn 0 cc Z1 trfi(9 H ! Ili r.4 P4 X 1 g f, o ...! H 41 H in< ! o 1".- 0 14 41 aLo 0 0 ci'l o 0 Z '111 0 H 0 H ›., '12 IY. >w, 0 0 hl W 0 H w I t ■ 0 C4 0 "al g I 1 ■ 0U CI: I— A g 0 H --.. H C: 0 0 0 Ca ---- ?-1 H C.) CO ci '" •-• EA i.,') i ..... ...‘. 4r-: •. K.4 — g C... E., as fil c=„1 De, cyl Lo Z„. ...1 >, 4 ›., 00 H H H 0 44 P Q r n m C H Co F— 1 1.1.• I–0 0 \\ )..„‘ ■ OBLD 10000.00 RIC III 35,50 SECOND MORTGAGE Retn: ElPRESS/ YID II 3748478 OR: 3945 PG: 3384 COMMERCE TIM RECORDED in the OIPICIIL RECORDS of COLLIER COUNTY, IL L--4-'f 1520 1091 PALM BQ BLVD 0130 12/12/2005 at 12:28PM DMIGBS E. BROCI, CLERK PT MIS IL 33501 THIS SECOND MORTGAGE("Security Instrument")is given on November ,2005. The Second Mortgagor is: John J,Rowland,A Single Person ("Borrower") This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the,aws of the United States of America,and whose address is 2800 North Horseshoe Drive, #400, Naples, Florida 34014 . Borrower owes Lender the sure of Ten Thousand and No/100ths Dollars(U.S.S 10,000.00 ). This debt is evidenced by Borrowers Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as Building C,Apartment 103,Country Club Gardens,Unit One,A Condominium,Collier County,Florida and which has the address of. ("Property Address") 1020 Palm View Drive, 11103, Naples, Florida 34110 TOGETHER WITH all the improvements now or hereafter erected on the property,and ail easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully-se' a of tale hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbe x Min t rgrjpe5 of record. Borrower warrants and will defend generally the title to the Property against all claims and deman4a,s�G dny encutltbt,rfd#`aP.record. THIS SECURITY INSTRUMENT comb%Rcovenanta for national'tlsfail�nonuniform covenants with limited variation by jurisdiction to constitute a uniform security instrument ering real property. UNIFORM COVENANTS. Borrower e d Le eccovenan and agree,.4s followt, \\ 1, Payment of Principal and interest;P aytiientand Late Chingos, Borrdwer s'hail promptly pay when due the principal of and interest on the debt evidenced by the Note. / ni t, t 2. Taxes. The Mortgagor will pay a taxet��, pwrf.-e-/ s„4,-- ,---4,. ' tTS etes for to the accrual of any penalties or interest thereon. i. t t i ,'�1j iJ,,/ u The Mortgagor shall pay or cause ter d,ids t ss'tnt re#p$ .-',.rn ,1AJ(1)all taxes and governmental charges of any kind whatsoever which may at any time bet fly a d or= theQQQdaaae a'404-Or an t. he Property,(2)all utility and other charges, including"service charges",incurred or imposed'cf\;he operation,maintena use,IIocc Mn upkeep and improvement of the Property,and (3)all assessments or other governmental chart h t may lawfully be paid' tallnteq(gye/r a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to Oft1 only such installment are requiem to be paid during the term of the Mortgage,and shall promptly after the payment of any of the Pori. ngNoorward to Mortgagee evideaCeigf eh payment. 3. Application of Payments. Unless apPliplSe'taw provides otherwise!,it), syments received by Lender shall be applied;first.to interest due;and,to principal due:and last,to any tatsddh{rg'e��de under-the.�'N1��'o� ll 4. Charges;Liens. Borrower shall pay all faze§,wSses e s; firsfge5�%ft"nes and impositions attributable to the Property which may attain priority over this Secunty Instrument,and leasehold payrents-nr t rourd'fents.if any Borrower shall promptly furnish to Lender el notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against ass by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable.all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cast of the Premises,exclusive of footings and foundations. • All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires.Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. Ir,the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not • economically feasible or Lender's security would be lessened.the insurance proceeds shalt be applied to the sums secured by the Security Instrument,whether or not then due.with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the Insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repa'r or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments, If under paragraph 21 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition 6. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application,Leaseholds. Borrower shalt occupy,establish,and use the Property as Borrowers principal residence within sixty days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith OR: 3945 PG: 3385 judgment could result in forfeiture of the Property or otherwise materially impair the hen created by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or Inaccurate information or statements to Lender for failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shell comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. It Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Properly(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees end entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage Insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due. with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured Quit 'Seeurttt Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount ojatfq s s gsctice tely before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any b babaTdtiT'Bort 4the event of a partial taking of the Property in which the fair market value of the Property immediately f r**faking is less than thri f the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in ti unless applicable law ot p vides,the proceeds shall be applied to the sums secured by this Security Instrument whether or pot theniamearethen due Unless Lender an ,Borrower otherwise agree in writing,any application of proceeds to principal shall not eland mil poktponkthe clue daTeefthe monthly payments referred to in paragraphs 1 or change the amount of such payments. r .,.'Th _ i t >. 11. Borrower Not Released,Forb4ara egdartfdtuifi� rte' —;n e of the time for payment or modification of amortization of the sums secured by this Security f st pmerf(g 'Med e to n . ccesso)in interest of Borrower shall not operate to release the liability of the original Borrower oriaa(rsWeks su eksotis i�i te``at. L i = shall c4 be required to commence proceedings against any successor in interest or refuse to Sekte tirdarld'r)tatltn nC rwise •. ti nation of the sums secured by this Security instrument by reason of any demand made bytttt6*iginal Borrower or Borrow rs sugcess4 interest. Any forbearance by Lender in exercising any right or remedy shall not be a wet*ttf or preclude the exercised any rig)ri remedy. 12. Successors and Assigns BoundidOint and Several Liability;' -5 r94t . a covenants and agreements or this Security instrument shall bind and benefit the successors�i, as) ns of Lender and 8orr y,s ' to the Provisions of paragraph 7. Borrower's covenants and i'aements shall be joint,ar al. Any Borrower who co-signs this Security Instrument but does not execute the Note,(a)is co-si` Secuttty_Instw tub jyto mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrumerit;.(p isrippeirsoi ll o¢tiq$ied to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree'toe en , dy,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13, Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected Of to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge Shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. ff a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender, Any notice to Lender shat)be given to Borrower or Lender when given as provided in this paragraph. 16. Governing Law;Saverability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However.this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. It Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or melted within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 18. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of (a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument, Those conditions are that Borrower,(a)pays Lender all some which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures end default of any other covenants or agreements;(el pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorney's fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Service')that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan service unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with OR: 3945 PG: 3386 paragraph 14 and applicable law The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall riot do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual Knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law, As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides.volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21, Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument.foreclosure by judicial proceeding and sate of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the data specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 2t,including,but not limited to,reasonable attorney's fees and costs of the title evidence, 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders)were a part of this Security Instrument. (Check Applicable Box) Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider ❑Graduated Payment Rider ❑1-4 Family Rder,. t �[j Second Home Rider ❑Balloon Rider 0 Biweekly P,yyMtsk '"' ;fN41yti Unit Development Rider Other(a)(specify✓��'11 01 r i r SIGNING BELOW.Borrower accepts and agrees to t,4e to 4'rarcovenants corltained in'this Security Instrument and in any rider(s)executed by Borrower and recorded with it. \ }Signed,sealed.nd ddelive i he press gf. I ' ; 1 r �� Witness#1._1 l . 't , t 4,iv fgn i ` „,, r��ii� Borrower" ok# ' ".a Signature: Witness#2. $ \ Signature: s, Co.Borrowerr' k ature: }zAjddk-ss 42 5 Palm View Drive, #103 Naples, Florida 34110 STATE OF FLORIDA COUNTY OF�� I hereby Certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared John J.Rowland to me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He!She/they)executed the same for the purpose therein expressed. ae WITNESS my hand and official seal in the County and Stets afo.•' this ti}. L I( r ,20 .�r , i 177!".7til. My Commission Expires: ..,,J`, 11 "I 41114mat t! .L �!t__..:r.. o ' , f ublicaSignat"'i( '1t• r, • rw; (Seal) � 1 :e a •• CZ Notary's Printed Name 4!"1 commit log I#psv': 6x�Mlres:tt NOM , 2°09 Bonded Thai lade Bonding 27 Co., rile#: 05-021 '1" OR: 3945 PG: 3387 EXHIBIT "A" That certain condominium parcel composed of Apartment 103, Building C, COUNTRY CLUB GARDENS UNIT I, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 586, Page 1956, and any amendments thereto, Public Records of Collier County, Florida, together with an undivided interest in the common elements appurtenant thereto. l 1 1 1 'J ILI If / _,./ File No.:422976 First American Title Insurance Company,Naples CHECK NO. 1084212889 PR.12000 Ofc, 1084(1345) (le/le) DATE:07/16/2013 FILE NO.1084-2963904 SETTLEMENT DATE:07116/2013 CHECK AMOUNT:S 8,42314 BUYER: Cirella SELLER: Rowland Property Address: 1020 Palm View Drive Unit 103,Naples,FL 34110 Unit: 103 Payoff Loan Charges Re: RIttgavtl Charge Details: Principal Balance: 8423,14 JUL 17 2013 HOUSING & HUMAN SERVICES —r-f4JVci.SECTION Thank you for doing business with First American Title insurance Company ORIGINAL DOCUMENT IS PRINTED ON CPIEMICAL REACTIVE PAPER&NASA MICROPRINTED BORDER , First American Title Insurance Company PR 12000 First American Trust,'PSIS-Trust 1084212889 Ofc.'0840345) Account 5000 Tamiami Trail North a Nor 5 First American Way 90-412511222 Naples,FL 34103 Santa Ana CA 92707 17,eSe (877)833-1754 Date 07/16/2013 FILE NO.1084-2963904 PAY **********C4 13.14* ******** 4PCDPI*AVAd DOLLARS S******8,423.I 4 Void After 90 Days Re: TO THE Collier County Board of Commissioners ORDER 3339 E.Tamiami Trail A 2 OF Bldg H Suite 211 Naples,FL 34112 This Account is Positive Pay Protected Call(868)3324936 far Verification. I. •ei's — so CL I RD-DO NOT CASH IF THE WORD VOW IS VISIBLE ri • '1NSTR 4342174 OR 4492 PG 505 RECORDED 9/16/2009 4:06 PM PAGES 3 • DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.35 $10.50 INT@.002 $6.00 REC $27.00 OBLD $3,000.00 OBLI $3,000.00 • • SECOND MORTGAGE • Twit SECOND MORTGAGE{"Security Instrument')Is given on_ day of ,2000, The Second Mortgagor Is: Javier Rodriguez,.a single man • ('Borrower").This Security Instrument Is given to Collier County Mender"),which is organized and existing under • the laws of ere United Settee of Aleutian,and whose address le 3301 B• Tatsiami +rail, Maples, Florida 34112 . Borrower owes Lender the sum of Three Thousand and 001100 Dollars (43.000.00).This debt Is evidenced by Borrowers Note dated the same date as this Security Instrument('Second Mortgage"),which provides for monthly payments,with the tut debt, • if not paid either,due and payable on sale of property, refinance, or lose of homes teed exemption . This Security instrument secures to Lender.{a)the repayment of the debt evarencel by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of as other sums,with Interest advanced under paragraph 7 to protect the security of the Security instrument and(e)the performance of Borrowers covenants and agreements under this Security Inset/mare and the Note,For this purpose, Borrower does hereby second mortgage,grant and convoy to Lender the following described property located et Collier County,Florida. • As more particularly described as Golden Gals Estates,Unit 61W T6FT OF E ISNFT OF Tract 103,Cotter County,Florida and which has the adorers of: • ('Property Address'): 2930 47° Ave NE, Naples, el, 34120 TOGETHER WITH ail the Improvements now o ' .e. ^ ? erty,end all easements,rights,appurtenances,rents, royalties,mineral,dl and gas rights and proms wet a I • or hereafter a part of the property.Al replacements • • and additions shat also be covered by the$- i g•u - t -• to In Utts$ecurty Instrument as the'Property. • • • BORROWER COVENANTS that B• y seized 01 the estate h.a ., d and hat the right to mortgage,grant and convey the Property and that the Properly Is��• .• except for encumbrances -•••ltl. r warrants and wit defend generally .. the bts to the Property against as claims d s,subject to any encurnbranCes of THIS SECURITY INSTRUME Con . r••• -pants for national see andkon-unt rm covenants with limited variation by • • jurisdiction to constitutes uniform sec bis m + g re \\ • • UNIFORM COVENANTS.a war rid L- - rant:•proms•grt as 1.stows: 1.Payment of Principal a inter r r t Props men n•'at Ch.:es. r•uv -a pro 4Uy pay when due he principal of and interest on the debt evidenced by the one. • t� 2. ee }rp Texas,The Mortgagory ll pay satherr t sr,,-r r.� or I pct to th accrual of arty pent:es or interest • t • hereon. The Mortgagor shall pay or e • the ,p•. y becom. {A) es and governmental charges of any curd whatsoever which may at any t J .fir- .• ,...in fv With r n.,••t. pert',{2)all utility and other charges, • • Including'service charges^Maned -ed • i e opera•n,malntenan•• use,o .ancy . e and Improvement of the Property. and(3)all assessments or oder g charged that may lawfully be pa'` Instal .nts vh /and of years,the Mortgagor shat be obligated under the Mortgage to pay or -Iree be paid only such installments d>re,'red Id during the term of tae Mortgage,and shall,promptly alter the payment of any-. ib -going,forward to Mortgagee e ''.rR.f s rat 3. Application of Payments. r, a••cable law provides otherwise• r ived by Lender snarl be applied;first,to interest due;and,to principal due;and last, •ire .recharges due under the Note. 4.Charges;Liens. Borrower spa; ayi l assessments,charges,'a agra3Jr7 esitlons attributable to the Property whim may attain priority over aria Sewnry tnstrvment and••-eel k� is or grounQ.rsr: an3 orrcwer anal promptly furnish to lender all • notices of amounts to be paid under this parag-• ,- d a .g s. Borrower than promptly discharge any lien . •nor h d-.', Instrument unless Borrower:(a)agrees in writing to the payment cf the obttgaton secured by the lien in a mans' -• •• a•'r,(b)contests in good faith the hen by,or defends against enforcement of the lien in,legal proceedings which In the Lenders opinion operate to prevent the enforcement of the ten;or(c)secures from the holder of the lien an agreement eatsfedory to Lender subordinating the ten to this Sec rity Instrument. If lender determines that any part • of the Properly Is subject to a lien which may attain priority over the Security Instrument,lender may give Borrower a notice idsntt yang the ten. Borrower shall satisfy the ten or lake one or more of the actions set forth above within 10 days of the giving of notice. S.Hazard or Property Insurance. Borrower shat keep the Improvements now resting or hereafter erected on the Property Insured against loss by file,hazards included within the term'extended coverage'and any other hazards.including goods orflooding,for which Lender requires insurance. This Insurance shat be maintained in toe amounts and foe the periods that Lender requires. The insurance carrier providing ire insurance shall be chosen by Borrower eabjed to lenders approval which shall not be unreasonably withheld, It Borrower fails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lender's rights M the Properly In accordance •with paragraph 7.At at times Mat the Nato Is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as era astomatay Insured against and pay,es tee same become due end payable,at premiums In respect thereto, Including,but not limited to,at•rbk Insurance protedMg the Mtereste of the Mortgagor and Mortgagee.against loss or damage to the Premises by fire,keening.and other casualties customarily insured against(including boiler explosion,if appropriate},with it tmtorm standard extended coverage endorsement,intruding debris removal weer-age.Such Insurance at at times to be in an amount not less than the tell replacement cost of the Prerritsea,exclusive of footings and foundations. All Insurance pones One renewals shall be acceptable to Lender and shalt Include a standard mortgage clause, Lander shat have the nghl to had the potties and renewals. If Lender re quires,Borrower shalt promptly give to lender all receipts of paid premiums and renewal notices. In the event of toss,Borrower shat give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance promos shat be applied to restoration of repair of the Property damaged,If the restoration or repair is economically feasible and Lenders security is riot lessened. It the restoration or repair is not economlcaty feasible or lenders security would be lessened,the insurance prooeeda shall be applied lo the sums secured by the Security rnstn:mere,whether or not then due,with any excess paid to Borrower. if Borrower abandons the Property,or does not answer within 30 days a notice from lender that the insurance carrier has altered 10 settle a claim.then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore are Property or to pay sums secured by this Security Ins rumen,whether or not than due. The 3n-day period Will begin when the notice iv mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to pr.ncipr shall not extend or postpone tore due data of the monthly payments referred ton paragraph 1 or change the amount of has payments. It under paragraph 21 the Property Is acquired by Lender.Borrowers right to any insurance policies and proceeds re:ultlng from damage la the • • Property prior to the acquisition shaft pass to Lender to the extent of the sums secured by this Security Insimment Immediately prior xi the acquisition. e, Occupancy,Preservation,Maintenance and Protection of the Property;Borrowers Lean Application,Leaseholds.Borrower shat , occupy,establish,end use the Property as Borrower's principal residence within'stray days after the execution of this Security Instrument and • shall continue to occupy the Property es Borrower's prvrdpal residence for et least one year aver the date of occupancy,unless Lender Otherwise agrees in writing.which consent shall net be unreasonably withheld.or tiniest extenuating circumstances eruct welch are beyond Borrowers control.Borrower shall not destroy,damage or Impair too Property,Mow the Property to deteriorate,or commit waste on the ' Property. Borrower shat be In default If any forfeiture action or proceeding,whether civil or airninai,is bogun that In Lenders good faith judgment wed result in forfeiture of the Property ordtiefwlse materially Impair Me km created by this Security Instrument or lenders security Interest.Borrower may cure SUCK a default and reinstate,as provided In paragraph 13,by causing the action or proceeding to be dismissed OR 4492 PG 506 with a ruling that,in Lenders good faith determbhadOn,precludes forfeiture of the Borrowers Interest In the Property or other material impairment of the Gen created by this Security Instrument or Lenders security btterest.Borrower shall asp be In default O Borrower.during the lean application process,gave materially fake or inaccurate information or statements to Lender(or taxed to provide Lender with any material • information)in connection with the loan evidenced by the Note,€tage re,but not renege to,representeUons concerteng Borrower's occupancy • Of pre Property se a principal residence. if offs Security Instrument Is on a leasehold,Borrower shalI eomeey with all the provision of the lease, . • If Borrower acquires fee tale to the Property,the teasehole and the fee Gale shall not merge unman Lender agrees to the merger in writing. 7.Protection of Lender's Rights In the Property, If Borrower fags to perform the covenants and agreements contained In this Security tnstrumeni,or there la a legal proceeding that may significantly affect Lender's rights In the Property(such as a proeeedr:g In beniwpicy,probate,for condemnatoo or forfeiter.or to enforce laws or regulatlonn),then Lender may do and pay forwhatever Is necessary to protect the value of the Properly and Lenders rights in the Property.Lender's aeliorrs may include paying Wry sums Secured by a tart which hes priority over thin Security Instrument,appearing in stun,payIng reasonable atlomeys'teas and entering on vie Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so.Any amounts disbursed by Lender under this paragraph 7 shall become addleonai debt of Borrower secured by this Security instrument Unless Borrower end Lender agree to other terms of payment,these amounts thee bear Interest from the dale of disbursement at the Note rate and shag be payable,with Interest,upon nonce from Lender to Borrower requesting payment. 8.Mortgage Insurance. If Lender required mortgage Insurance as a oond€ton of mate ng the ban secured by(hie Security Instrument Borrower shalt pay the premium*required to maintain the mortgage insurance In effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be In effect Borrower shad pay the premiums required to obtain coverage substantially equivalent to the mortgage Insurance previously In effect.are cost substantiate equivalent to the cost to Borrower of the mortgage insurance previously In effect,from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage Insurance coverage Is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage Insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be In erect. Lender win accept,use and retain these payments as a lose reserve in Ikea of mortgage insurance. Loss reaerye payments may no longer be required,at the option of Lender,if mortgage Inetrrance coverage(€n the amount end for the period that Lender requires)provided by an Insurer approved by Lander again becomes tearable end In obtained. Borrower shag pay the premiums required to maintain mortgage€nauraroa in effect,or to provide a late reserve,until the requirement for mortgage insurance once in accordance With any written agreement between Borrower and Lender or applicable taw. • 9.Inspection.Lender or Ps agent may make reasonable entries upon end Inspections of the Pneeeny, Lender shall give Borrower • n • otice at the time of or prior to an tampeGiort specifying reasonable cause for the Inspection. • • • 10.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation • or other taking of any pen or the Propery,or for conveya r are herby assigned and shall be paid to Lender, lei the • event of a total taking of the Property,the proceeds sh�fie - o••a a by this Security Instrument,whether or not then due, • win any excess paid 10 Borrower. In the event of•p • e. ,::x.... fair market virtue of the Properly Immediately before the taking€s equal to or greater than Gro• a- •• e +ems secured by tinniest+mmettetety before One taking,unless Borrower end tender otherwise agree In - , • ••secured by this Security to. -r n be reduced b a y the mount of the proceeds multiplied by the following fraction:(a)the t• • • of the rums seared Immediately••.re th taking,divided by(b)the fair market value of the Property immediately befare the la'' •.An •alahce shall be paid to Borrower. In th.event a partial taxing of the Property In which the fair market virue of the Property irn ••tat; •s se 1 e :'+ • x,.than• nt of ire sir secured immediately for the taking, untees Borrower end Lender otherwise-ghee I•we ...•-.ss spell-.•a e—'•rwise pro',en,ih proceeds shall be applied to the sums , secured by rile Security instrument ether• not the sums a r th •• Unities ..rider and ie.nowe otherwise agree in writing,any application of proceeds io pnsrcloar a a not ru .. ants r fenetl to In paragraphs 1 or Change the amount of such payments !/ / 11.Borrower Not Reteae ,Fie me 1Lr • of I. f the • • •. payment or moditicatton of • amortization of the sums seared by is Se:• • - t d any or• 1•. 4 Of 8or ewer shag not operate to release the lablety of the original B ,,Li' s I.. .,Lends not•= • ..•tucommence proceedings itt against eny successor in interest or r • ,e •. ,t•• • •lye m•- 'es.;.- ms the sums secured by this Security Instrument by reason of any demand . the original Borrower or So succor oars in• .:i..• , Any forbearance by Lender to exercisiog any egt't or remedy shall - er of or preclude the exercise r rig or • . 17. Successors and Assign '. Joint and Several Liability `se.••net.. r -.• • ants and agreements of this Security • instrument shall bind and benefit the -•d assign of Lender and Boo. Provisions of paragraph 17.Borrower's oo - d agreements shat be Joint and•'.-��t.i,�ri•:orromer Who cosigns this Security • Merriment but does roe execute the Note;(a •this Security meln:ment on, • ores •e,grant and convey that Borrower's Interest in the Property umWn the hnrna of this Seamy is not personally o =• . the suer seared by this Security Instrument; and(c)agrees that Lender and any other Borrow - -. - s p •.-a -lee any accommodations with regard to the tent of this Security lrstrument or the Note without 13. Loan Charges, If the Mae segued by this•••..•n �I i b%ct to a law which sets maximum loan Charges,and that law is finafy interpreted so that the interest or other loan charges ca orr.el or to be collected In connection with the loan exceed the oerndted limits,then:(a)any such loan charge eiraf be reduced by the amount'neeessery to reduce the charge to the permitted limit;and tin)cry sums . already corrected from Borrower which exceeded permitted limis will be refunded to Borrower.Lender may choose to make this refund try reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces prrxlpat,the reduction will be treated as a partial prepayment without any prepayment charge under the Niue. ' 14.Notices.My notice to Borrower provided for In this Security Instrument shah be glean by delivering It or by mailing It by fast ' class mail untese applicable leer requited use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender.My notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. ia.Governing Law;Sev rebtety,Toll Seourhy Instrument shag be governed by federal law and the taw of the Jur€edicgon in Which the Property Is located, In the event that any provision or clause of this Securuy instrument or the Note condole with applicable taw,such contrite shall not affect other provisions Of this Security I etrurnent or the Note which can be given effect without the conflicting provision. To thlu end the provisions of this Security Instrument and the Note ere declared to be severable. 18,Borrower's Copy, Borrower shell be given one conformed copy of the Note and of Lila Security Instrument 17'.Transfer of the Property ore Benenctat Interest In Bonewer. If as or any pat eels Property or any interest In a Is sold or • transferred ford a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,if its Option,require Immediate payment in full of es sums seared by this Security Instrument However,this option shall not be exercised by Lender if exercise is prohibited by federal taw as of the date of tree Security instrument. If Lender exercised this option,tender shall give Borrower notice of acceleretlon.The notice shoe provide e period of not less than 30 days from the date the notice in dobvered or mailed within which Borrower must pay at sums secured by this Security instrument. it Borrower fails d pay lrrese sums prior IQ the expiration of this period,Lender may Invoke any remedies permitted by this Security instrument without turner notice or denwnd on Borrowor, 1 e. Borrower's Right to Reinstate. It Borrower meets certain conditions,Borrower shat have the right to have enturceryent of thls Seree y inernrment discontinued at any time prior to the earlier of;(at 5 days for auger other period as applicable law may spedy for reirstreemenl)before sate of the Property pursuant to any sower of sae contained in this Security instrument:or(b)entry of a Juognlent enforcing tills Security In smartens There conditions are that Borrower:(a)pays Lender all sums welch our would be due under Inds Security instrument and the Note as it no acceleration had occurred(b)cures and default of any other covenants of agreements;(c)pays all axrenses Incurred In enfedng this Security Instrument including,but not limited to,reasonable amo •eys fees;and(d)takes such action as Lenoir may reasorabiy require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrunment shall continue unchanged,Upon:'sanstatetnent by Borrower,this Beauty Instrument and the obligations • secured hereby stag remain fully effective as if no acceieraton halt ocssrred:However,this right to reinstate shell not apply In the case of acceleration under paragraph 17. • le,Sale or Note;Change of Loan Servitor.The Note or partial Interest in the Note(together with this Security lnsrument)may • • be sobs one or more times without prior notice to Bo rower,A sale may result In change in the entity()mown es the loan Services")that caves monthly payments due under the Note and this Security Instrument.There also maybe one or more changes of the Loan Servker • unrelated to a rate of the Note. If there is a change of the Loan Servile,Borrower will be given written notice of the change in acc rdenoe with para5 naph 14 and applicable law.The notice with state the name and address or the new Loan SeMcer and the address to which payments • should be made The notice w51 also Contain any other information required by appl€cable law, • • • • *4 OR 4492 PG 507 *** • • • • 20.Hazardous Substances, Borrower shalt not cause or permit the presence,use,deposal,storage,or reteasa of any Hazardous '. Subetancea on or In the Property. Borrower shag not do,nor allow anyone else to do,aryntng affecting the Property that Is in violatdn of any • Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of emelt quantltes of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly glue Lender written notice for any Investigation,claim,demand,lawsuit or other action by any governmental or j regulatory agency or private parry involving the Properly and any Hazardous Substance or Emtronmentsl taw or which Borrower has actual knowledge. a Borrower learns,or is netified by any governmental or regulatory authority,that any removal or other remedtadon of any Hazardous Substance affecting the Property Is necessary,Borrower shall promptly take ati necessary remedial actions In accordance with • Environmental Law. • As used in this paragraph 20,"Hazardous Substances"are Bose substances defined as toxic or hazardous substances by Environmental Law anti the follower('substances: gasotine,kerosene,other flammable or toxic petroleum products,toxic posthfdes end herbicides,volatile solvents,materials containing asbestoe.or tormold:M da,and • rodeoac lve metenats.As used In tits paragraph 20,'Environmental Law"means federal laws and laws of the jurisdiction where the Property is • located that rewa to hearth,safety or environmental protection. 21.Acceleration;Remedies.lender shire give notice to Borrower prior to acoetere000 fallowing Borrower's breach of any covenant • • or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless appioabie law provides otherwise). The notice shall specify: (a)the default:(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice Is given to Borrower,by winch the default must be cured;and{d)that faauro to ate the default on or before the dale speeded in the notice may result • in acceleration of the sums seared by Ida Saarity Instrument,forntlosure by judicial proceeding and sale of the Property.The notice shall • further inform Borrower of the right to reinstate after acceeraton and the right to assert In the foredoeure proceeding dire non-existence of a • • default or any other defense of Borrower to acceleration end foreclosure, If Bic default Is not cured on or before the date specified in the notice, . Lender,at its option,may require immediate payment In fun of at sums secured by this Security Instrument without further demand and may • foreclose this Security Instrument by judicial proceeding.Lender shall be entitled to cocoa all*Ventres incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorneys fees and costs of the hoe evidence, 22. Release.Upon payment of all sums secured by this Security tn$tniment,Lander shed release this Security rnattiment,without charge,to Borrower.Borrower shell pay any recordation costs. 23.Attorneys'Fees.As used in this Security instrument and the Note,'attorneys'tees'shall buyude any attorneys'fess awarded by an appellate court. 24, Riders to tits Security instrument If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such II edip ••Into and shall amend and eupptement the covenants and agreements of ails Security Instrument as it the rider rep J tit +).iq^i0• i ant (Check Applicable Box) H�6'�''(t Adjustable Role Rider C'Rat l ., Rider • •• r. Ider Graduated Payment Rider 1 ii -der h S • • •Rider El Balloon Rider B` ayment Rider �„]Planned De •••••rrwnt Rider , U Other(s)(specify SIGNING BELOW,Borrower accepts nd a - •'7.er. 'r? Y• y I-atrument and in any rater(s)executed • • by Borrower and recorded with x. Signed,sea. a y.eeve ed In the •t +∎ vribw - �: m _ Siena urea •sf Borvawe � 1dr •••. queer Signature;irild .t.....y k,•6.0 / ` • • Wsmeas02: /!///i�;a"# Ns'. Signature: r• !/ • ..O+ � 1 Co.Borrower Signature:: /(� 1 tLs tf !x• s.r.; Sri ��1 rC J.._ ,,,1. a, Florida 34120 STATE OF PLORrQf1 xe • COUNTY OF COLLIER I hereby certify that on this day,before me,en ceder duly authorized in the state aforesaid and In the county aforesaid to take acknowledgements,personally appeared Sevier Rodriguez to me known to be the perscn(s)described in and who executed ire foregoing instrument and acknowledged before me that(He!she/they)executed the same lfor the purpose therein lex'presseed.,/� I WITNESS my hand and otadal seal to the County mot • -, :a / day o��X�(,�yJ .20 VI 1I GJ My Commlaslon Expire/¢' �r.,._ • (Seal) iIi d'"/+"-r/4-•... ..s'eFd!"::C's .�i~,,. Sara + ."' , 0 IbLh•1h+'d'�/�r' y1, • s Printed Name _ • I?uOY r Notary Put7tp Slate Of Florida • �5�,7. Frances S Legdan '�, My COminisrttn Ot)739795 7-..,"'1�IrE,r. Ex pire501i18/2012 • Filet 09-162 • i • k r^e_ v ..-;�� 't I + < 7,c,P. i z'c.�I'. '�Ll OJD OFFICIAlL CHECK 50048194 111-nrciFeder-at CLOSING CHECK 5-709 SAVINGS&LOAN ISSUED BY:MONEYGRAM PAYMENT SYSTEMS,INC.P.O.BOX 9476 MINNEAPOLIS MN 55460 1 1 0 DRAWEE BOSTON SAFE DEPOSIT&TRUST CO.BOSTON,MASSACHUSETTS Creditor Acct:# (09-162) DATE 06/17/2013 PAY THREE THOUSAND AND 00/100 $3,000.00 DRAWER:THIRD FEDERAL SAVINGS 8 LOAN ASSOCIATION OF CLEVELAND TO THE ORDER OF COLLIER CTY BOARD OF CTY COMMISSIONERS HOUSING, HUMAN AND VETERAN SERVICES 3339 E T' I TRAIL, BLDG H, ST 211 NAPLES, FL 34112 p ATTN: HOUSING, HUMAN AND VETERAN SERVICES 1 1 1...11.411 A111i -1' PURCHASER,SIG ER FOR DRAWER 6/17/2013 50048194 THIRD FEDERAL SAVINGS AND LOAN ASSOCIATION OF CLEVELAND 7007 BROADWAY AVENUE $3,000.00 CLEVELAND,OHIO 44105 721030109 COLLIER CTY BOARD OF CTY COMMMISSIONERS HOUSING, HUMAN AND VETERAN SERVICES 3339 E. TAMIAMI TRAIL, BLDG H, STE 211 NAPLES, FL 34112 ATTN: HOUSING, HUMAN AND VETERAN SERVICES Payment in full for Loan No.09-162 recorded on Vol.4492,Pg.505 in re:RODRIGUEZ,2930 47TH AVE NE,Naples,FL 34120 Third Federal is issuing you this check in reliance upon the agreements you have with us regarding the payoff of a loan you extended to Borrower. You are authorized to negotiate this check only if you have complied with the paperwork previously provided to you in connection with the payoff request from Third Federal,which paperwork requires you to close Borrower's account as of the date hereof,and release your lien on the Borrower's real property and file such release in the real estate records forthwith,but in no event later than 90 days after receipt of this check. If you do not agree to the foregoing terms,you may not negotiate this check. PLEASE DETACH BEFORE DEPOSITING , Rata: 2530973 OR: 2591 PO: US41 2314,10 ICIIYT 2It11 WII SCOIDD is tae 0111CIRL UICOIDI of C11411R 0311'1, IL cm/ 1311.N 1105 CO MM RD III It DS)13/1IN at 11:DSUl DIGIT I. ilea, tL111 IS III 1S.N yr7,lI It 34111 IIOt•.3S 1.13 1"r morfgsge fern SECOND HORTGAGIE THIS SECOND MORTGAGE('Security Instrument")is given on September ,1999. The Second Mortgagor is: Lawrence Mosher ('Oomodelq. This Security Instrument is given to Collier County ('Lender"),which is organized and existing under the laws of the United Stated Amafica end whose address Is 2000 No;th Horseshoe Drive,Dollars(U.S. *amiss,,50 00 florid* 34104 v Borrower owes Note dated the same date as this Security (S'acond Mortgage"), 4.544.04 } This debt it evidenced by Borrroaer's elicit provide*for monthly payments,with the null debt,t not paid earlier,due and metres* *ale of property, rat inane*, or loss of homestead estaaption ; This Security Instr met secures to lender(a)the repayment of the debt evidenced by the Note,with interest.and all renewals,extensions and modif estlons:(b)the payment of all otter sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenant*and spree/rents under this Security Instrument and the Note. For that purpose,Borrower hereby eby grant and convey to larder the following described property located in Collier County,Florida and which has the address or AS more particularly described CPropertyAddress'). 2305 41" Ave NE Niles, Florida 34120 aim TOGETHER WITH all the improvements now or hereafter erected on the property,and at easements.rights. appurtenances,rents,royalties.mineral,oil and gas rights and profits,water rights and stock and ell fixtures now or hereafter a pert of the property, Ail replacements and additions shalt also be covered by the Security Instrument. AS of the foregoing Is referred to In this Security Instrument as the'PrOpeny`. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mart age, grant and convey the Property and that the Property is unencumbered,except for encumbrances encumbrances of recos aBor ow warrants and will defend genteelly the this to the Property against all ctairns and demands,subject to THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrurent rxfwerinq„feat property. UNIFORM COVENANTS.and Inte and t.art�er,`t t I' tl to, its! Grower shalt promptly pay when due the i. Payment of Pelncfpa!and<rttsrest;P,rV i' 9llr>� principal of and interest on the debt evidenced e.`. \ 2. Taxes. The Mortgagor will pay a%I4 mens,sewer rentseestittesrstes prior to the accrual of any peewees or interest thereon. - ..... .� .(AK i j all taxes and governmental The Mortgagor'shall pay or .io be es Cali sseria.t tee.-. or with ll respect and d vernme.to t all cremes of any kind ges,Including n udi '1e ��> . �e . ... : ,erunce use.ocwpWiY,upkeep Witty and odMr Charges, jL,arfl►,, ` I n Installments and ve a period f yews,a she e M r Property,end is as r j EI 7 :r:e„ :'e;/-!'1 td be pa r c instalments as lie our a d le b a r to hteterm 0(a be rwM �o of the foregoing.forward to required b be Paid during the term a the 'Of /t" 1 Mortgagee evidence of such payment j el BR ' is received by lender shall be applied; 3. Application of Payments. .,t,appycsbie law provides pale first,to interest due:and.to principal due: , ;,at.to any late charges due' e '.0 , 4. Charges:Liens, Borrowers a taxes.assessment, 9e •ti, 78 impositions attributable to the Property over this Security I ,and leasehold pay t ' ' rents.if any. Borrower shall promptly which may ender eh re and all .�videncing the payments furnish to Lender lit notices promptly amounts r e . this paragraph.ovgt-th1ta Instrument unless Borrower(a)agrees in Bornovra snao promptly ati c secured any)ht 11- usttt- Lender,(b)contests in good faith the lien by,or defend to the veyenaM ten Oblgatkie in,legit by pr t (edii��G i a . s opinion operate to prevent the enforcement of the defends(c)%verve enforcement rt the l er of the in,n an ag eement Sete- dl ; yen:a (e)ermines from the holder tit Property ty sg subject t a lien whit 10 lender subordinating the tiSecun Security Instrument,lender may Lender determines that any part of the Property is subject to a lien which may attain priority give Borrower a notice identifying the lien. Borrower shell satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Nasard or Property Insurance, Borrower shalt keep the improvements now existing o hereafter hazards, the floods or Property insured against kiss by fire.haterds included within the term'extended coverage`end rte requires.for.inst a Lender career p insurance.the insurance shalllbehchhosen by maintained errower subjec to to Lends'stapprovvallw which shall not be rrweasc Tea traureld. If orr erproviding kxlreesonWly withheld. If Bonroer hilt to maintain coverage described soave,Lender may,per lender's option,otta�a�coverage to "fleet Lenders rights in the Property on accordance with paragraph 7. At alt times that the Note is outstandr the shall maintain insurance with respect to the Premises against such risks and for such trrounta as are customarily insured against and pay, as the same become due and payable,all premiums in respect thereto,including,but rot limited to,all•risk insurance protecting the interests of the Mortgagor and Mortgagee against toes or damage la the Premises by fire.lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations All insurance paiues and renewals shall be acceptable to tender and shall include a standard mortgage clause. lender shell have the right to hold the policies and renewals. If Lender requires,Borrower stall promptly give to Lender all receipts of paid premiums and renewal notices. in the event of loss,Borrower shall give prompt notice to the insurance carrier and lender. lender may make proof of loss if not made pretty by Borrower. rhea be applied to restoration or repair of the Unless lender and Borrower otherwise agree in writing,insurance proceeds Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or lender's security would be lessened,the Ostrow Proceeds shall be applied to the sums secured by the Security Instrument,whether or not then due,with any excess paid to Borrower. It Borrower abandons the Property, or does not answer within 30 days a notice from Leder that to insurance carrier has offered to settle a claim,then lender may coiled the insurance proceeds. lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whet er or not then due. The 30.day period will begin when the notice is mailed. Unless Lender and Borrower otherwise ogres in writing,any application of proceeds to principal shalt not extend or postpone the due dale of the monthly Payments referred to in paragraph 1 Or change to amount of the payments. if under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds mutant)from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. I. OCCtipancy,Preservation,Maintenance and Protection of the Property;Bortouner's loan Application,Leaseholds. Borrower Shia occupy,establish,and wrath*Property as Borrowers principal resrdsnos within sixty days after the execution of this Bectxity instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date or ocricy,trnhas lender otherwise agrees in writing,which consent shall not be unreWinibly withheld,or unless extenuating drettmatlrlces exist which are beyond Borrower's contd. Borrower shall not destroy,damage or Impsir the Property,avow the Property to detsrlorsts,or comet waste on the Property. Borrower shall be in defsuk if any forfeiture action or proceeding,whether chi or ckninat.is begun that in lender's good faith judgment could result In forfeiture of the Property or otherwise materially impair OR: 2591 PG: 0842 2"mortgage form 0 the in crested by this Security instrument or Lenders security interest. Borrower may cure such a default and reinstate as provided in paragraph 111,by causing the action er proceeding to be dismissed with a ruling that In lender's(food faith determination. precludes forfeiture of the Borrowers interest in the Property or other material knpahment Of the flan created by this Security Instrument or Lender's security Interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or tailed to provide Lender with any material information)in corvnectfon with the loan evidenced by the Note,including,but rid Netted to,repreientatlgns Concerting Borrowers occupancy of the Property as a principal residence. if this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease If Borrower acquires fee tale to the Property,the leasehold and the fee tide shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lenders Rights In the Property, It Borrower faits to perform the covenants and agreements contained in this Security Instrument,or there is a legat proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in bankruptcy,probate,for condensation or forfeiture or to enforce taws or regulations),then Lender may do and pay for whatever is necessary to protect the vetue of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured bye lien which has priority over this ec may In*Cent,under this Security in court, Lender not o eleerne attorneys'fees so and entering of the Property to make repairs. Altfaugh My amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear Interest from the date of disbursement et the Note rate end shall be payable.with interest,upon notice from Lender to Borrower requesting payment. II. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the morgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect.Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain Mee*payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and Is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a foss reserve,until the requirement for mortgage insurance ends in sccordance with any written agreement between Borrower and Lender or applicable law II, Inspection. Lender or is agent may make reasonable entries upon and inspections of the Property Lender shall dive Borrower notice at the time of or pea to an inspection specifying reasonable cause for the inspection 10. Condemnation, The proceeds of any award or claim for damages,direct or consequential.in connection with any condemnation or other taking of arty part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and snail be paid to Lender. In the event of a total taking of the Property_t eprocetrls shall be applied to the sums secured by this Security Instrument,whether or riot then due,with any excel ' .- event of a partial taking of the Property,in which the fair market value of the Property immediately bef t . , 9,if n the amount of the sums secured by this Setxxlty Instrument immediately before the to and agree in writing,the sums secured by this Security Instrument shall be reduced by the the proceeds multiplied• following fraction:(a)the total amount of the sunlit aeetred i vnedlately before the t�,div _by jb)bne fair market value• the)s open y immediately before the taking. My balance shall be paid to Borrower. In ihtei of r l tun in the fair market value of the Property im ediaiy before the taking b less ' as uui�• fakeer taking,unless Borrower and Lender in or unless be applied to the sums secured by this OC►ervWM '� ,�`+!w era agree in writing,any application of Security Instrument whether or rot the 0*the tls:uk•'•'•l. .'�' ref lid to In paragrsp s 1 a Change the to principal elan not extend i poi r� ut 1 amount such payments. i t uJI t) i, 11. Borrower Not Released F•..SS.� B' r :,Wal n of the lime for payment or modification of amortization of the sums secured by thl 'r' rity Instrument granted by ender o any in interest of Borrower shall not operate to release the liability of the prig ;• r or Borrower's suer sore n In,(erect f Lender shall not be required to commence proceedings against any successor In Int '• refuse to extend time f ,iii, a modify amorifzation of the sums secured by this SSecurityInstrInstrument by re1104 ', demand made by the• 'T" - • a or Borrowers successors in Interest. Any forbearance by Lender in exercising any ht r medy shall not b e a w • preclude the exercise of any right or remedy. S, • . The covenants and agreements of this 12. Successors and AasigM taourrn:. _Several L +is Security Interment shall bind and benefit the s # 1airi np-pj Vii. -'and Borrower,subject to the Provisions of paragraph 17. Borrowers covenants aria hsrfta ihYjtbe")aint end several. Any Borrower who cosigns this Security Instrument but does not execute the Note;(a)is co sipn(iq ibis Security Instrument only to mortgage,grant and convey that Borrowers interest in the Property under the terms of this Security Instrument,(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any acCOmmodatio s with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the Wan secured by this Security Instrument is subject to a law which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then.(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted emit;end(b)any sums already collected from Borrower whicn exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower if a refund reduces principal,the reduction will be treated as a partial prepayment wtrout any prepayment charge under the Note 14. Notices. Any notice to Borrower provided for in this Secunty Instrument shall be given by delivering it or by mailing it by first Gass mail unless applicable law required use of another method. The notice shell be directed to the Property Address or any Other address Borrower designates by notice to Lender, Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 18. Governing Law;Severabitity. This Security Instrument shall be governed by federal law and the law of the lunsdictlon in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or itw Note which can be given effect without the conflicting provision. To this end the provisions or this Security Instrument and the Note are declared to be severable 1e. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17, Transfer of the Property or a Beneficial Interest In Borrower. If all or any pan of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrow is not a natural person)without Lerndees prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument, ti Lender exercised this option,Lender shall give Borrower notice of acceleration The notice shall provide a period of riot peas than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument if Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or Demand on Borrower. 1*. Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earlier of:(a)5 clays for such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument;or (b)entry of&judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses Incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation to payee/sums secured by this Security instrument shall continua unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,Ihis right to reinstate shall riot apply In the case of acceleration under paragraph 17. 2 *** OR: 2591 PG: 0843 *,z* 2'r mortgage form 0 10. Saks of Note;Change of Loan lervlcer. The Note or a partial Interest in the Note(together with this security instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the'Loan Serviette)that collects monthly payments due under the Note and this Security Instrument. There also may be one or more Oatmeal;of the Loan Servicer unrelated toe sale of the Note. If Mantis a change of the Loan Serviar, Borrower will be given written notice of the change In accordance with paragraph 14 and applicable law. The notice will slats the name and seeress of the raw Loan Servicer and me address to which payments should be made. The notice will also contain any other Information required by applicable law. 2D. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shalt not apply to the presence. use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintsnante Of the Property. Borrower shall promptly give Lender written reties for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. ff Borrower learns,or is notified by any governmental or regulatory authority, let any retrieval or otter remedtat)an of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. r As used in tits peragraph 20,9iazardoue Substances*ere those substances defined as toxic of hazardous substances by Environmental Law and the following substances: gasoline.kerosene,other flammable or toxic petroleum products,toxic Pesticides and herbici des.volatile solvents,materials containing asbestos or fanaldehyda.and radioactive materials. As used In ids paragraph 20,`Enviromental Law'means federal laws and laws of the jurisdiction where the Properly is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior le acceleration following Borrower's breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)tie action required to cure the default:(C)a date,not less than 30 days from the date the notice is given to Borrower,by which the default most be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sate or the Property. The notice shall further inform Borrower of the right to reinstate after acceleration end the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to auxleration and foreclosure. II the default is not cured on or before the date specified in the notice,Lender,at is option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by)udktial proceeding. Lender shall be entitled to collect all expense*incurred in pursuing the remedies provided in this paragraph 21,Including,but not limited to,reasonable attorey's fees and cdets of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument.Lender shall release this Security Instrument,without charge.to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security_)nslruaent_and the Note,'attorneys'fees'shall include any attorneys'fees awarded by an appellate court. Y (� 24. Riders to this Security tnetr ti(1 rnt5t• r1I re xecuted by Borrower end recorded togetner with this Security Instrument,the oovenannNj eetnents of each"sthlin N be incorporated into and snail amend and supplement the covenants and ag 1ci this Security Instrument e,,* the.rider(S)were a pan of this Security instrument (Check Applicable Box) / 1 \ r 1 __._ ❑ Adjustable Rate Rider I/ 17,0ft t Ren \ ° Condominium Rider r Graduated Payment Rider �( j EZ ) ' 7\ Second Home Rider (--3 Balloon Rider men( ,..„. Penned Unit Development Rider 1 ._ 1 w�! ❑ Other(s)(specify SIGNING BELOW,Borrower a v ^' Girard a terms and c covenankertinned in this Security Instrument and in any rkierts)executed by Borrower and r • �-__.___. •-. Signed,settled am del' er the presence of: WiuneseatN ♦ Signature; v 't a , J Borrower Lawzencs Mosher Signature: Wnness102: r c: Signature: Co-Borrower Signature t-<-'E i r CC ••• Address: 2385 41" Ave HE Naplear Tlorida 34120 STATE OF_Flonda COUNTY OF e I hereby certify that on this day,before me.en officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Lawrsnce Mosher, to me known to be the persons) described nn end who executed the foregoing instrument and acknowledged before rte that(tier she/they)execute)till, sane for the purpose therein expressed. `f t f l` • `"�l 1 t >i�il�l�c.. ; �I 3' ..! �J WITNESS my hand and official seal ht the f`atunty end State aforesaid thnts�� day ot,�L'h 7r ,fig�5. My Commission Expires: (...- "1 j�, 4 ) C'Y a ure (Sall} t. Notary's Printed Name I Ira 11 +r t con &p it rs.Seas I con.,•ccrteeer J i 1.791 33222.1 06/19/2013 3,600 60-SNIP LOAN REP-RODRIGUE2 069-162....... 130624547...SHIP REP&CREDIT REPORTS....... GRANT PROGRAM DICE I _.» .__ ................._ ......_..___ beTe.....,..r...��_...._.._.._._..x... .,_..,.........._.. .__.._._. 7.Wrd,'NBSEWF: ^CmO E�m.'Pegg mtt"z ::ltjCOAMa Crr WM4 : ::: - RsR}PCWP :.DOWaxntMN6N Text PufQieR Ruler Cost aka;nt mmx. 1 ., 33236.1 369600 07119123:3 &42314-SHIP LOAN R6050-ROWLAN0,30501.005-021 106625166 SHIP LOAN RE-PAYMENT GRANT PROGRAM INGO,_ 791 33256.1 07110721:3 7,698.82 SHIP IPX116NERLY MURRY#02 154ff 100623981 SHORT SALE&SHIP GRANT PROGRAM INGO ;.731 33256.1 5,000.00-514IP REP-KIMBERLY MURRAY 902 20? 10062398/ SHORT SALE&SHIP GRANT PROGRAM RICO. Patricia L. Morgan From: BrockMaryJo <MaryJoBrock @colliergov.net> Sent: Friday,July 26, 2013 11:59 AM To: Klopf, Wendy;Alonso, Halley; Mesa, Nancy; Grant, Kimberley;Thomas,Joshua; BelpedioJennifer; Carnell, Steve; Stanley, Therese; FinnEd; Neet,Virginia; Markiewicz, Joanne; Minutes and Records Subject: Item approved in BCC absence Attachments: 930a7d61-5a23-4bbf-9675-c7aeb9ded345.doc Good morning, The attached item has been approved by Leo in the Board's absence and will be included under Item 16F1 on the September 10 BCC agenda. Thanks, MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 please consider the environment before printing this email Linder F-':oridd i a ,e rr jai:addresses are pubiic records If you do not wart your e-mail address released resporlse to a p=ublic records request,do not send dec.trora e mail to thrs entity rrstead contact this office by telephone or in writing 1 COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve four (4) mortgage satisfactions for State Housing Initiative Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, accepting$2,969.70 to satisfy the total value of the intial SHIP mortgages ($36,542). Meeting Date: 7/23/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 7/22/2013 2:22:49 PM Submitted by Title: Operations Coordinator,Housing, Human &Veteran Se Name: KlopfWendy 7/22/2013 2:22:50 PM Approved By Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 7/22/2013 2:38:04 PM Name: MesaNancy Title: Accountant,Housing, Human & Veteran Services Date: 7/22/2013 2:49:34 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 7/22/2013 3:48:37 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 7/22/2013 3:49:49 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 3:55:42 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 7/22/2013 5:01:26 PM Name: CarnellSteve Title: Director- Purchasing/General Services,Purchasing Date: 7/22/2013 7:40:08 PM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:32:05 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:09:29 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/24/2013 9:26:32 AM Name: OchsLeo Title: County Manager Date: 7/26/2013 11:48:09 AM EXECUTIVE SUMMARY Recommendation to approve four (4) satisfactions of mortgage for State Housing Initiatives Partnership Program (SHIP)in accordance with the Board's Short Sale Policy, accepting$2,969.70 to satisfy the total value of the intial SHIP mortgage($36,542). OBJECTIVE: Approve and authorize the County Manager to sign four satisfactions of mortgage. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing grant, offers assistance to first time homebuyers for use toward a portion of the required down payment and emergency repairs to the newly acquired home. As a condition of award, the homeowner must repay the assistance provided upon sale,refinance or loss of homestead exemption. On February 28, 2012, Agenda Item 16.D.7, the Board of County Commissioners approved a Short Sale Policy for the SHIP program. The Short Sale Policy provides a settlement amount towards the down payment assistance in the amount of 6% of the Collier County loan amount or $6,000.00 (whichever is less but never less than $500) in an effort to facilitate a Short Sale. The recipient, as the seller of the property,must not receive funds from the short sale. The following table contains relevant details. The recipients received no funds from the short sale as evidenced by the HUD1. Recipient Name First Mortgage First Mortgage SHIP Mortgage Payoff Amount Public Record&date of Accepted Payoff Public Record&date of the second mortgage mortgage signed HUD1 Line 504 mortgage signed HUD1 Line 505 Code J.Williams&Isiah Billie Williams $135,278.00 $81,771.40 $4,547.00 $500.00 OR:4412/PG:4044 OR:4412/PG:4054 12/11/2008 12/11/2008 Jessica Camacho $85,000.00 $54,703.06 $2,500.00 $500.00 OR:2583/PG:0524 OR:2583/PG:0535 08/18/1999 08/18/1999 Aisling A.Swift $143,000.00 $34,399.62 $24,495.00 $1,469.70 OR:4083/PG:2487 OR:4083/PG:2507 08/04/2006 08/04/2006 Jose Nieves Ramirez& Maria J.Mendoza- Ramirez $93,500.00 $46,105.45 $5,000.00 $500.00 OR:3386/PG:0379 OR:3386/PG:0385 09/02/2003 09/02/2003 Total $2,969.70 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Approval of this item will authorize the County Manager to sign the aforementioned satisfactions of mortgage for recording in the Public Records of Collier County, Florida. FISCAL IMPACT: SHIP funds in the amount of$1,000.00 have been repaid and will reside in SHIP Grant Fund 791, Project 33222, also$1,969.70 have been repaid and will reside in SHIP Grant Fund 791, Project 33258.1 and are considered program income. Such funds may be reused for eligible SHIP program activities. The ten$10.00 dollar recording fee will be paid by each of the recipients. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval.—JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: Approve and authorize the County Manager to sign four satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of the Short Sale Policy. Prepared By: Wendy Klopf,Operations Coordinator,Housing,Human and Veteran Services COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve four(4) mortgage satisfactions for State Housing Initiative Partnership Program (SHIP) in accordance with the Board's Short Sale Policy, accepting$2,969.70 to satisfy the total value of the intial SHIP mortgages($36,542). Meeting Date: 7/23/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing,Human&Veteran Se 7/22/2013 2:22:49 PM Submitted by Title: Operations Coordinator,Housing,Human&Veteran Se Name: KlopfWendy 7/22/2013 2:22:50 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 2:38:04 PM Name: MesaNancy Title: Accountant,Housing,Human&Veteran Services Date: 7/22/2013 2:49:34 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 3:48:37 PM Name: GrantKimberley Title:Interim Director,HHVS Date: 7/22/2013 3:49:49 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 3:55:42 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 7/22/2013 5:01:26 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:40:08 PM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:32:05 PM Name: StanleyTherese Title:Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:09:29 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/24/2013 9:26:32 AM Name: OchsLeo Title: County Manager Date: 7/26/2013 11:48:09 AM Prepared by: Collier County Housing,Human&vmeran Services 3339 E.Tamiami Trail Naples,rc34l|% THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3290EI`��- 'I/��I1[l�A^I�., l�,kPLES, FK.{yRID/� 341l2, the ov/nor(y) and ho|dcr(u) ofuoc�ebn Mortgage executed by ��oric,/ Williams & Isiah B�Ge�VBliamomtn ��«�lLD'IlORi��U�[Ty, bearing the date of l0oo ~6cr3'2O80,recorded|0000mmh*rl1`2O00 , iu Official Tlcourds3�uok 4412,Page 4054,of the Public --- rdao[Co\|i�rCounty. Florida, ouudn�aprincipuluumo[$4,547,0Aondueduinpoomio:m Records i and ob|ig*ionsset fo�h in said Mortgage, upon the property situated in said State and County described as follows, to wit: COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance vitbCu||ierCoontySbortS-|c9u|iuy, approved 6ytheBnurdofCuuntyConuiaoionerxonPehrumy28, 6 cancelled,2012. Agenda Item 16.D.7, and surrenders t the auuunu� o ' und hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - —____ __ ,2Ol3,Agenda Item Number __ ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. 8R0CK, Clerk COLLIER COUNTY, FLORIDA 8y: oy: ____ — -- -- Clerk Leo COUNTY MANAGER . Qoputy or—k Ochs, Approved as to form and legality: A. Belp'e Assistant County Attorney _~ - Prepared by Collier County Housing,Human&Veteran Services 3339 E.Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE 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 Mortgage executed by Jessica Carnacho to COLLIER COUNTY, bearing the date of August 12, 1999, recorded August 18, 1999 , in Official Records Book 2583, Page 0535, of the Public Records of Collier County, Florida, securing a principal sum of S2,500.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows,to wit: COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013, Agenda item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. I3ROCK, Clerk COLLIER COUNTY,FLORIDA By: Bv: , Deputy Clerk 1.eo E Ochs,COUNTY MANAGER. Approved as to form and legality: Jenni7er A. Belpedio'‘ Assistant County Attorney Prepared by: Collier County Housing,Human&Veteran Services 3339 E.'famiami Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE 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 Mortgage executed by Aisling A. Swift to COLLIER COUNTY, bearing the date of July 28, 2006, recorded August 4, 2006 , in Official Records Book 4083, Page 2507, of the Public Records of Collier County, Florida, securing a principal sum of$24,495.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: COLIJER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda hem 16.1).7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - , 2013, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Leo E Ochs,COUNTY MANAGER Approved as to form and legality: • , Jenn r A. Belped Assistant County Attorney Prepared by: Collier County Housing.Human&Veteran Services 3339 E.•Tamiarni Trail Naples,FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE 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 Mortgage executed by Jose Nieves Ramirez& Maria J. Mendoza-Ramirez to COLLIER COUNTY, bearing the date of August 28, 2003, recorded September 09, 2003 , in Official Records Book 3386, Page 0385, of the Public Records of Collier County, Florida, securing a principal sum of$5,000.00 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: COLLIER COUNTY hereby acknowledges payment and satisfaction of said Mortgage, in accordance with Collier County Short Sale Policy, approved by the Board of County Commissioners on February 28, 2012, Agenda Item 16.D.7, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - ,2013. Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA. By: By: , Deputy Clerk Leo E Ochs,COUNTY MANAGER Approved as to form and legality: tenniftr A. Belped Assistant County Attorney Retn: 4240344 OR: 4412 PG: 4054 SMITE HIATT ET AL RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL OBLD 4547.00 ' PO BOY 11438 12/11/2008 at 12:4014 DWIGHT E. BROCE, CURE OBLI 4547.00 FORT LAUDERDALE FL 33339 1438 SECOND MORTGAGE FEB 35.50 DOC-.35 16.10 THIS DOCUMENT IS EXEMPT FROM PAYMENT OF INTANGIBLE RECORDING TAX BY REGULATION OF THE DEPARTMENT OF REVENUE 12C-2.003(3). THIS SECOND MORTGAGE("Security Instrument")is given on '',1,3 ,2008. The Second Mortgagor is: Corte J Williams, a married woman joined by her spouse, Isiah Billie Williams ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existing under the laws of the United States of America,and whose address is 3303. B. Tamiami Trail, Naples, Florida 34112 . Borrower owes Lender the sum of Pour Thousand Five Hundred Forty Seven and 00/100 Dollars ($4,547.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"),which provides for monthly payments,with the full debt, if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as GOLDEN GATE EST UNIT28 EJSFT OF W F''OEF,TR 3D,Collier County.Florida and which has the address of: The east 75 feet of the West 15 eet of iract o o en a e Estates Unit No. 28 According to the slat thereof as recorded in Plat Book 7, page 19 of the public ('PropertyAddress"): 3410 27 Ave SW, Naples, FL 34117 records of Collier County, Florida TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". • BORROWER COVENANTS that Borrower is lawful) -' .r, • . e-estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbe -•, e ;.1•r •i Q • :• of record. Borrower warrants and will defend generally the title to the Property against all claims and demand-, = b' -r_ = • -- • •1 - , record. THIS SECURITY INSTRUMENT combine. covenants for natio ,s$..1 • non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instru .- -•'ering real property. UNIFORM COVENANTS. Borrower a d Le..- :. : =.t and agree as folio : 1. Payment of Principal and Inte - t;P -pa ,. . n' Late t; _ . Borr. er - all promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes. The Mortgagor will pay I tax , - 4 - l= t •tes • 'or to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be • id, -s t• . , - . i;ely bell. - • A(1)all taxes and governmental charges of any - e .w .r •1.-..M kind whatsoever which may at any time be la � �- .-. • •_ or w'�•• he Property, (2)all utility and other charges, including"service charges",incurred or impos- • the operation,maintena . use, • T ,upkeep and improvement of the Property,and (3)all assessments or other governmental cha ,- •at may lawfully be paid i s tall - :r a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause t•!.d ='d only such installmen ar -'•It , to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the fo forward to Mortgagee evi• .- '- ch payment. 3. Application of Payments. Unless app - provides otherwis • ents received by Lender shall be applied;first,to interest due;and,to principal due;and last,to any lat r.0ee4.�,,, - nder . 4. Charges;Liens. Borrower shall pay all tax'- asls( . .i -=;4 T = es and impositions attributable to the Property which may attain priority over this Security Instrument,and leasehold pay -• *.r•,n '• -nts,if any. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may,at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal OR: 4412 PG: 4055 Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender, if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the s •• • this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums -- ,ti€'-e �strument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amoun '- • :.(.f before the taking,divided by(b)the fair market value of the Property immediately before the taking. Any . n..- all be paid to Borr• •- event of a partial taking of the Property in which the fair market value of the Property immediately • e taking is less than the a nt o the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in ritin• o - -•plicable law otherwi pro ides,the proceeds shall be applied to the sums secured by this Security Instrument whether or oft - s >r;- : - t - ••-. s Lend- and :orrower otherwise agree in writing,any application of proceeds to principal shall not e end •r postpon= e ••=date of e month pa -nts referred to in paragraphs 1 or change the amount of such payments. 11. Borrower Not Released,Fo •-ara d .t : -+?on of th time for payment or modification of amortization of the sums secured by this Sec rity I g •-r to u •- so in interest of Borrower shall not operate to release the liability of the original Borrower or :�t �;, t. L;::.• =h I lip be required to commence proceedings against any successor in interest or refuse to •)ieh-, time for payment or oth 'se m••ify : - zation of the sums secured by this Security Instrument by reason of any demand made by :inal Borrower or Borrowsu••-s�, r interest. Any forbearance by Lender in exercising any right or remedy shall not be a wa _4. or preclude the exerci-= ,-• an ri•} o .medy. 12. Successors and Assigns Bound; nd Several Liability; 0 itsi 6 he covenants and agreements of this Security Instrument shall bind and benefit the successors a • a-- ••s of Lender and Borro {u ct to the Provisions of paragraph 17. Borrower's covenants a • -- • - shall be -, eral. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signi • thii • • e nl en • y to mortgage,grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; • pe-oA-1) •• igated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to exten•,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. OR: 4412 PG: 4056 paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,"attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the riders)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑ Rate Improvement Rider ❑ Condominium Rider Q Graduated Payment Rider ❑ 1-4 Family Rider y ❑Second Home Rider ❑Balloon Rider fb �' ❑Biweekty Pa ; g �� `Y • Unit Development Rider ❑Other(s)(specify 0 N.) SIGNING BELOW,Borrower accepts and agr- s to e t;; 1.-.and .•••- - : tained i this •ecurity Instrument and in any rider(s)executed by Borrower and recorded with it. Signed,sealed and delivered.... -y- ce •f: r r9 ' :Q.....L.„....t.__ Witness#1: ��■ 111p ..ul. .471! f\4}(4,U(. _,1, Borrow + . �'i 1 ama Signature: )/ "� Witness#2: /f- .7 __I F a ft(S , Signature: _i____.•_ Co-Borrower :^ s Williams Signature: 410 27th Ave SW Naples, Florida 34117 STATE OF FLORIDA COUNTY OF C�UU^?•••(-- - I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Corte J Williams and asish W444ia+ me known to be the person(s)described in and who executed the foregoing instrument and acknowledged before me that(He/she/they)executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this •'. . ,20 .• My Commission Expires: �� mmi Notary Public's Signat ( NIOOLE iIIFNMIOES • Iryco.WISSIQN4D0541026 Notary's Printed Name ,Icy 4,2010 *** OR: 4412 PG: 4057 *** • NOTARY ACKNOWLEDGEMENT • STATE OF: Lim. o t- COUNTY OF: liW eC 4/Net • • tint s • \ / a co( The foregoing instrument was acl;nowled,. i�t NTC this • ' of J ear kit ,}g , by 1 sie,h.. .13/IC o l�rk . names of p so., knowle rd) - who is/are personally known to me or le a e rol 1J ' ' . as identification. ' . ,> ...■-- 0 --0 My Commission expires: (Signature of Person Taking Acknowledgement) NOTARY PUBIJCSTATR OF FLORIDA % A.J. Dennis Commission#DD835083 %, ,/Expires: OCT 29,2012 BDNDRD THRU ATLANTIC BONDING ell,INC . (Name ofAcknowledgerTyped,Printed,or Stamped) (Serial Number,if any) If 023119 TOWN&COUNTRY TITLE INC NO ELF #: 13-7364K AMOUNT: $500.00 DATE: 05/30/13 CODE: CK #f: 23119 ALT: PAYEE: -- COLLIER COUNTY SHIP SELLER(S) -- CORIE J. WILLIAMS BUYER(S) -- PATRICK B. FITZPATRICK IplIVIC PROPERTY LOCATION -- 3410 27TH AVE SW,NAPLES FL, 34117 A\I 0 rl 2013 Mortgage Payoff #2 HOUSING&HUMAN SERVICES 4-18CAt SECTION , , 6' 14 •,tjsG//x- trf--. _._._.___._..un.. ...... ____ . __ __ e _-__—____. No 023119 TOWN&COUNTRY TITLE INC CHASE 0 ESCROW ACCOUNT JPMorgan Chase Bank,NA 1575 PINE RIDGE RD,STE 11 wtvr.Cheae.com NAPLES,FLORIDA 34109 63.84132676 (239)566-8908 FILE #: 13-7364K 23119 PATRICK B. FITZPATRICK FIVE HUNDRED AND 00/100 DOLLARS *** 05/30/13 *********$5,^,0.00* C PAY Ij t TOTHE COLLIER COUNTY SHIP 7ORDER OF / . l AN. A. Settlement Statement U.S.Department of Housing i r and Urban Development OMB Approval No.2502-0265 ---... .l , _ -.- Type B.Type of Loan r /791 l'-'-( CP:r S'-Oct t *1 Ci - 76 -..; l',1,,i1144tve. 1.0 FHA 2.0 RHS 3.0 Cony.Unins. 6.File Number I 7.Loan Number c' r : nsur. ce Case Number ' rAy,„ , l■ 13-7364K .._,, 4.0 VA 5.0 Corm Ins. ' *V ' if• '1 ",..,.., C.Note:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settletnent as-nt are * .}e4 ., marked"(p.o.c.)"were paid outside the closing;they are shown here for information purposes and are not included:, th otal . .• D.Name and Address of Borrower E.Name and Address of Seller F.Name and #dr.se,. ''der PATRICK B.FITZPATRICK CORIE J.WILLIAMS CASH / 8951 BONITA BEACH RD STE 525-297 711 14TH AVE NW '---., BONITA SPRINGS,FL 34135 NAPLES,FL 34120 ) #. G. Property Location H.Settlement Agent 3410 27TH AVE SW TOWN&COUNTRY TITLE,INC. NAPLES FL,34117 1575 PINE RIDGE ROAD,SUITE 11 Place of Settlement I Settlement Date 1575 PINE RIDGE ROAD,SUITE 11 05/30/13 NAPLES,FLORIDA 34109 J.SUMMARY OF BORROWER'S TRANSACTION: K.SUMMARY OF SELLER'S TRANSACTION: 100.GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER 101.Contract sales price 90,000.00 401.Contract sales price _ 90,000.00 102.Personal property 402. Personal properly, 103.Settlement charges to borrower(line 1400) 1,873.50 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106.City/town taxes to 406.City/town taxes to 107.County taxes to 407.County taxes to 108.Assessments to 408.Assessments to 109.SOLID WASTE 05/30 to 09/30 58.94 409.SOLID WASTE 05/30 to 09/30 58.94 110. 410. 111. 411. .112. 412. . . 1 ' 120.GROSS AMOUNT DUE FROM BORROWER 91,932.44 420.GROSS AMOUNT DUE TO SELLER I 90,058.94 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500.REDUCTIONS IN AMOUNT TO SELLER .. . , 201.Deposit or earnest money 501.Excess Deposit(see instructions) .. , 202.Principal amount of new loan(s) i 502.Settlement charges to seller(line 1400) 7,297 50 203.Existing loan(s)taken subject to 503.Existing loans taken subject to . • , 204. 504.Payoff of first mortgage loan 81,771.40 BANK OF AMERICA 205. 505.Payoff of second mortgage loan 500.0111 COLLIER COUNTY SHIP , 206. 506.FHA incentive to Cone J Williams 250.00 I 207. 507. 208. 508. 209. 509. Ad'ustments for items unpaid by seller Adjustments for Items unpaid by seller _ ..._ 210.City/town taxes to 510.City/town taxes to __ ......... 21t County taxes 01/01 to 05/30 240.04 511. County taxes 01/01 to 05130 240.04. 212.Assessments _ to 512.Assessments to 213. 513. 214. 514. 1 215. 515. . ---1 216. 516. „_. ... 217, 517, 218. 518. , 219. 519. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 ____ ____ ___ ___........... .................._..... L.SETTLEMENT CHARGES: File Number: 13-7364K PAID FROM PAID FROM ' SELLER'S 700, TOTAL SALES/BROKER'S COMMISSION based on price$ 90 BORROWER S ,000.00 @ 6.00= 5,400.00 FUNDS AT FUNDS AT Division of commission(line 700)as follows: SETTLEMENT__ SETTLEMENT_ 701. $ 2,700.00 to NAPLES REALTY SERVICES,INC ..„... 702. $ 2 700.00 to RE/MAX REALTY SELECT,INC 703. Commission paid at Settlement 5,400.00 704. Re_gultory_compliance Fee Naples Realty Services I 295.00 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. 801, Loan Origination Fee `)/0 802. Loan Discount % 803. Appraisal Fee to 804. Credit Report to 805. Ins•ection Fee to 806. Mort's.°Broker Fee to --I 807. Tax Service Fee to 808. 809. ! 810. i - 811. i 813. 814. 815. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @$ /day _ 902. Mortgage Insurance Premium to 903. Hazard Insurance Premium yrs.to 11 905' . ._..............„ 1000. RESERVES DEPOSITED WITH LENDER FOR __ _ „............... 1001. Hazard Insurance mo.@$ /mo. .. .. 1002. Mortgage Insurance mo._8$ /mo. 1003. City_property_taxes mo.Cg$ /mo. 1004. Count iro•-rt taxes mo.!!@$ /mo. 1005. Annual Assessments mo.(it$ /mo. 1006. Flood Insurance mo.@$ Imo. 1007. Windstorm Insurance mo.As /mo. 11008. Aggregate Reserve for Hazard/Flood Ins,City/Count 11100, TITLE CHARGES 11101. Settlement or closing fee to TOWN&COUNTRY TITLE INC, 450.00 PU1 I 1102. Abstract or title search to 1103. Title examination to ........._ _.......... . 1104. Title insurance binder to 1105, Document preparation to t . 1106. Attorne Fees to 1107. Attorne 's fees to (includes above item No: ) 1108. Title insurance to TOWN&COUNTRY TITLE,INC. i 5 I 501 (includes above item No ) 1109. Lender's coverage 1110. Owner's coverage 90,000.00--517.50 1111. FINAL ABSTRACT UPDATE SEARCHTOWN&COUNTRY TITLE,INC. 75.00 1112. 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordini! fees Deed$ 18.50 ;Mortgage$ ;Releases$ 18.50 I 1202. City/county/stamps Deed$ ;Mortgage$ I . -__ __.................. 1203. State tax/sta mps Deed$ 630.00 ;Mortgage$ I 630.00 ............................._ - ... . . 1204. Deed$ .Mortgages 1205. RECORD SATISFACTION 1----- 10.00 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Surve to 1302. Pest ins.ection to 1303. LIEN SEARCH Town &Country Title 25.00 .....__ HUD-1. HUD-1 SETTLEMENT STATEMENT File Number: 13-7364K I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. 1 further certify that I have received a copy of the HU1)-1 Settlement Statement. Buyer ( A- RICK BTFITZPATRICK VT) In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the parties agree to handle said re-prorations between themselves. Seller 6,? i -\'' '' U--\_._-- . "// ------ c _ _..........._ C • E J. WILLIAMS _. ..... .....____ .........._ ----- Settlement Agent The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. TOWN 'c UNT_ ITTLE,INC. c Date: May 30th,2013 6::")) • • 2id mortgage form 0 THIRD MORTGAGE THIS THIRD MORTGAGE("Security Instrument")is given on August u 1999. The Third Mortgagor is: .i Jessica Camaoho , 'a M I '� $ rt )rrJ e.l e. t�• e ('Borrower"). This Security Instrument is given to Collier County ("Lender'),which is organized and existing under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, $ Naples, Florida 34014 . Borrower owes Lender the sum of Two Thousand Five hundred Dollars(U.S. 5 2,500.00 ). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument("Second Mortgage"), which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, ref teer<oe, or loss of homestead exemption . This Security Instrument secures to Lender:(a)the repayment of the evidenced by the Note,with Interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with Mercer advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County,Florida. As more particularly described as IN EXHIBIT "A" ATTACHED HERETO and which has the address of: v IV ("Property Address"): 430 20th ST SE r.0- c"es r o Naples, Florida 34117 • o CICS low tart MY) V7 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights, N M CA appurtenances,rents,royalties,mineral,oil and gas rights and profits,water rights and stock and at fixtures now or hereafter a part of = LR•. 0 the property. AM replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in a F this Security Insbunertt as the'Property". .. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, a N grant and convoy the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and :"+ „" sail WM defend generally the title to the Property against all claims and demands.subject to any encumbrances of record. w THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by Jurisdiction to constitute a uniform security i • i•r •roperty. , 11, s!! UNIFORM COVENANTS. Borrower and • •:;` 1,i •rr = - lows: ., :. " promptly 1. Payment of Principal and Interest. � 1• and Late 4 ewer shall nom I when due the sir principal of and interest on the debt ev•: • ' e. 0 2. Taxes. The Mortgagor will pay • I to ,assessments,sewer rents • -ter tee prior to the accrual of any penalties or i W interest thereon. The o r t g a g o r shall pay or taus: to • pa'-',--- •; same res•= i y •:•• :du-,(A)(1)all taxes and governmental Vol charges of any kind whatsoever which y at ny 'ii: •: la essed • levied sins or with respect to the Property,(2)all . T ••, , intenance,use,occupancy,upkeep utility and outer charges,including'senri, :c � �'' Y• P eeP and improvement of the Property,and(3 all •+ me : •*ve ! that may lawfully be paid in installments g over a period of years,the Mortgagors IIT • !et,. : • •j,+: to •i • ca ,e t. be paid only such installments as are i• lg required b be paid during the term oft . 4:,- • I �•sr the .: . :. y of the foregoing,forward to a Mortgagee evidence of such payment. r"'i 3. Application of Payments. applicable law provides o , nvis: all,I,•+'l is received by Lender shall be applied; first,to interest due;and,to principal due; • • = to any late charges d :"('a=er �+ ii _ 4. Charges;Leers. Borrowers I taxes,assessments, • •=. impositions attributable to the Property � � which may attain priority over this Security Ins 8 nd leasehold payments . rents,if any. Borrower shall promptly •• • • furnish to Lender all notices of amounts to be •-'• paragraph,a • "� " evidencing the payments.•Borrower shall promptly discharge any li:‘ * '• ..1„,,. ' Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the .• . U: : •1••'a to Lender:(b)contests in good faith the lien by or defends spinet enforcement of the lien in,legal proceedings enders opinion operate to prevent the enforcement of the t) Yen;or(C)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lander determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 V days of the giving of notice. f� 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the V Property insured against loss by tire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding.for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender 4• requires. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably y withheld. If Borrower faits to maintain coverage described above,Lender may.at Lender's option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall nankeen insurance with respect to the Premises against such risks and for such amounts as are customarily insured against and pay, as the same become due and payable,all premiums in respect thereto,including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily 4 insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive Ls v. of footings and foundations. F w All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid le premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carner and Lender. Lender jr ,ns•....s•.."own/J I,u.if n,..,..mods n,r....nN,.M.Qnr►i.wd I'" • • • OR: 2583 PG: 0536 2's mortgage form 0 the lien crested by this Security Instrument or Lenders security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's good faith determination, preludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. ProteCUOn of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's nghts in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any arnourlts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Insbtanant. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 0. Mortgage Insurance. if Lender required mortgage insurance as a condition of making the loan secured by this Secunty Instrument.Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available.Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a loss reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,If mortgage Insurance coverage(In the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage Insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. S. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential,in connection with any Condemnation or other taking of any pert of the Property,or for conveyance in lieu of condemnation.are hereby assigned and shall be paid to Lender. In the event of a total taking of the Props II be applied to the sums secured by this Security Instrument,whether or not then due,with any excea - 0 :`, t of a partial taking of the Property,in which the fair market value of the Property immediately bef• . i,R yt.. aqua • :4r • n the amount of the sums secured by this Security Instrument immediately before the tak',•, `• Borrower and Lend= e agree in writing,the sums secured by this Security Instrument shall be reduced by the : •• the proceeds multiplied by - d• ng fraction:(a)the total amount of the sums secured immediately before the taki •,divi•-• _ • •: fair market value of 1 ' •_.rty immediately before the taking. Any balance shall be paid to Borrower. In the : ant • a •-•• taki • • • • •.: in t fair market value of the Property immediately before the taking is less than•he a • nt of the . :. ured i >'lately or taking,unless Borrower and Lender otherwise agree in writing or unless apps -bte ' r• '•-- be •pplied to the sums secured by this Sepxity Instrument whether or not the s ms : ..-" , . ; •the ise agree in writing,any application of proceeds to principal shall rut extend or t•• f, + is efe :• to in paragraphs 1 or change the amottle of such payments. " • the time for payment or modification of 11. Borrower Not Released. By Le` N• �, ver. •.,,,� paY amortization of the sums secured by this ' - , % Instrument granted by L t•er to • in interest of Borrower shall not operant Io r lsase the Iiability of the odgl •„ „ or Borrowers s « : ti: in +ender shall rot be required to commence prop edings against any successor In Inter a to extend time for• •;,i ' use modify amortization of the sums secured by this Security Instrument by -:-• :rid made by the origi or Borrower's successors in interest. Any forbearance by Lender in exercising any •• shall not be a - eclude the exercise of any right or remedy. 12. Successors and Assigns Bound; �` re. The covenants and agreements of this •.. -T • r rt:..:, Security Instrument shall bled and benefit the Sucxes-••• -rid Borrower,subject to the Provisions of paragraph 17. Borrower's covenants and agr.: 1.- •-joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrowers Interest in the Properly Under the temps of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Matt;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 1.1. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first dams mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 11. Governing Law:Severabllity. This Security instrument shall be governed by federal law and the law of the jurisdiction in wftidi the Property is located. In the event that any provision or clause of this Security instrument or the Note conflicts with appicabie law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 1t. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Properly or a Beneficial Interest In BorroWer. If all or any part of the Property or any interest in it is r.Nrl nr hsnafarwl Inn if e hanedirial intraet in nrvrrw•wr is mid rr rrandarravl and grvrrrra is not a natrval narcnnt vaithrvrt I anrtar'e 2 d mortgage form O OR: 2583 PG: 0537 • • 10. Sale of Nob;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result:n a change in the entity (known as the'Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, B orrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments shot.ld be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority, that any removal or other remedlation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used In this paragraph 20,''Hazardous Substances'are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene.other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,''Environmental Law'means federal taws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 11 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Sec rSy Instrument,foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the fight to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect e ll expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument.Lender shall release this Secunty Instrument,without charge,to Borrower. Borrower shall •: -.n recordation costs. 23, Attorneys'Fees. As used in this S- • .hWru• �• Note,'attorneys'fees'shall include any attorneys'feet awarded by an appellate cou i'�` j' 24. Riders to this Security Ins• ' ' t: ' • =or more '•;4 - _ -. uted by Borrower and recorded together with this Security Instrument,the cove - m ••reeents of each suc •e� .II be incorporated into and shall amend and supplement the covenants and ag =_ •r s of this Security Instrument a 'f the •er(s)were a pan of this Security Instrument. (Check Applicable Box) ❑ Adjustable Rate Rider NI • m.l oveme Rider Condominium Rider ❑ Graduated Payment Rider i, ` Second Home Rider (010❑ Balloon Rider , I nt ';.= Planned Unit Development Rider Others)(specify • a SIGNING BELOW.Borrower accepts and •• - • terms and • ; -• tamed in this Security Instrument and in any rider(s)executed by Borrower and • • wi C it: C' Signed,sea -• • delivered in the •r: of: C i it:Witnesstl: • , • I_ p �l!v s Signature:' •1:� : __ •_. • l t I. 1'� , • Borrower 4eaaica Caaacho Sigratur r! •. .I' 110_ : ZISla u < • Grp Signature: Co-Borrower Signature: lL - — Address: 430 20th ST SE Naples, Florida 34117 STATE OF...Florida • COUNTY OF ` .C_S Q.(p"- I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements.personally appeared Jessica Caaacho to me known to be the person(s) described In and who executed the foreaoina instrument and acknowledaed before me that(He/she)thevl executed the r , *** OR: 2583 PG: 0538 *" EXHIBIT "A" THE SOUTH 150 FEET OF TRACT 92, GOLDEN GATE ESTATES, UNIT NO. 51, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 5, PAGES 84 & 85, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COtj (..) CCCpy 022893 TOWN&COUNTRY TITLE INC NO FILE #: 13-7206K AMOUNT: $500.00 DATE: 05/21/13 CODE: CK #: 22893 ALT: PAYEE: -- COLLIER COUNTY BOARD OF COUNTY COMMISIONEERS SELLER(S) -- JESSICA CAMACHO IC1-st BUYER(S) -- COBRA INVESTMENT, LLC $ ni q PROPERTY LOCATION -- 430 20TH ST SE,NAPLES FL, 34117 ' MAY 2 4 2053 HOUSING&HU PAYOFF COLLIER CTY MTG FISCAL SECTION MAN SER VICES TOWN&COUNTRY TITLE INC CHASE Q N°- 022893 ESCROW ACCOUNT JPMorgan Chase Bank,NA. 1575 PINE RIDGE RD,STE 11 www.Chese.com NAPLES,FLORIDA 34109 63-8413-2670 s (239)566-8908 FILE #: 13-7206K 22893 4 4 COBRA INVESTMENT, LLC g FIVE HUNDRED AND 00/100 DOLLARS *** C� (J 05/21/13 *********$500.00* S g PO THE COLLIER COUNTY BOARD OF COUNTY COMMISIONEERS I 2 ORDER OF I I 3 A. Settlement Statement U.S.Department of Housing "1 r and Urban Development OMB Approval No.2502-0265 B.Type of Loan 1.0 FHA 2.0 RHS 3.0 Cony.Unins. 6. File Number 7.Loan Number 8.Mortgage Insurance Case Number 4.0 VA 5.0 Corm Ins. 13-7206K C.Note:This form is furnished to give you a statement of actual settlement costs.Amounts paid to and by the settlement agent are shown.Items marked"(p.o.c.)"were paid outside the closing;they are shown here for information purposes and are not included in the totals. D.Name and Address of Borrower E.Name and Address of Seller F.Name and Address of Lender COBRA INVESTMENT,LLC JESSICA CAMACHO 4775 MERCANTILE AVE,#1 3395 18TH AVE SE NAPLES,FL 34104 NAPLES FL,34117 G.Property Location H.Settlement Agent 430 20TH ST SE TOWN&COUNTRY TITLE NAPLES FL,34117 1575 PINE RIDGE ROAD,SUITE 11,NAPLES,FL 34109 Place of Settlement I.Settlement Date 1575 PINE RIDGE ROAD,SUITE 11 05/22/13 NAPLES,FL 34109 J.SUMMARY OF BORROWER'S TRANSACTION: K.SUMMARY OF SELLER'S TRANSACTION: 100.GROSS AMOUNT DUE FROM BORROWER 400.GROSS AMOUNT DUE TO SELLER 101.Contract sales *rice 60,000.00 401.Contract sales price 60,000.00 102.Personal property 402. Personal property 103.Settlement charges to borrower(line 1400) 1,273.50 403. 104. 404. _ 106. 405. Adjustments for itemspaid by seller in advance Adjustments for items paid by seller in advance 106.City/town taxes to 406.City/town taxes to . 107.County taxes to 407.County taxes to 108.Assessments to 408.Assessments to 109.SOLID WASTE 05/10 to 09/30 68.45 409.SOLID WASTE 05/10 to 09/30 68.45 110. PAYOFF COLLIER CTY MTG 500.00 410. 111. 411. 112. 412. 120.GROSS AMOUNT DUE FROM BORROWER 61,841.95 420.GROSS AMOUNT DUE TO SELLER 60,068.45 200.AMOUNTS PAID BY OR IN BEHALF OF BORROWER 500.REDUCTIONS IN AMOUNT TO SELLER 201.Deposit or earnest money 1,000.00 501.Excess Deposit(see instructions) 202. Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 5,115.00 203. Existing loan(s)taken subject to '503.Existing loans taken subject to 204. 504.Payoff of first mortgage loan 54,703.06 205. 505.Payoff of second mortgage loan 206. 506. 207. -............ 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210.City/town taxes to 510.City/town taxes to 211. County taxes 01/01 to 05/10 250.39 511. County taxes 01/01 to 05/10 250.39 212.Assessments to - 512.Assessments to 213. 513. r 214. 514. • 215. 515. 216. 516. _ 217. 517. 218. 518. • 219. 519. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT PAGE 2 L.SETTLEMENT CHARGES: File Number:13-7206K PAID FROM PAID FROM 700. TOTAL SALES/BROKER'S COMMISSION based on price$ 60,000.01 6.00= 3,600.00 BFFUNDS ATR S FUNDS AT _ Division of commission(line 700)as follows: SETTLEMENT SETTLEMENT 701. $ 1,800.00 to WEICHERT INTERNET REALTY GROUP 702. $ 1,800.00 to WEICHERT INTERNET REALTY GROUP 703. Commission paid at Settlement 3,600.00 704. BROKER FLAT FEE WEICHERT INTERNET REALTY GROUP 295.00 800. ITEMS PAYABLE IN CONNECTION WITH LOAN P.O.C. 801. Loan Origination Fee 802. Loan Discount 803. Appraisal Fee to 804. Credit Report to 805. Inspection Fee to 806. Mortgage Broker Fee to 807. Tax Service Fee to 808. 809. 810. ..............._ 811. 812. 813. 814. 815. 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. -Interest from to @$ /day 902. Mortgage Insurance Premium to 903. Hazard Insurance Premium yrs.to 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1001. Hazard Insurance mo.@$ /mo. 1002. Mortgage Insurance mo.@$ /mo. 1003. City property taxes mo.@$ /mo. 1004. Count •ro•ert taxes . mo. • $ /mo. _ 10p5. Annual Assessments mo.@$ /mo. 1006. Flood Insurance mo.@$ /mo. 1007. Windstorm Insurance mo. $ /mo. 1008. Aggregate Reserve for Hazard/Flood Ins,City/Count 1100. TITLE CHARGES 1101. Settlement orcllosing fee to TOWN&COUNTRY TITLE 450.00 _ 750.00 1102. Abstract or title search to TOWN&COUNTRY TITLE 75.00 • 1103. Title examination to 1104. Title insurance binder to +105. Document preparation to 1106; Attorney Fees to 1107. Attorney's fees to (includes above item No: ) 1108. Title insurance to TOWN&COUNTRY TITLE 345.00 (includes above item No: (SI RISK$25) 1109. Lender's coverage 1110. Owner's coverage 60,000.00--345.00 1111. 1112. 11.13. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recording fees Deed$ 18.50 ;Mortgage$ ;Releases$ - 18.50 1202. City/county/stamps Deed$ ;,Mortgage$ 1203. State tax/stamps Deed$ 420.00 ;Mortgage$ 420.00 1204. 1205. 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survey to INTER&INTER 400.00 1302. Pest inspection to 1303. LIEN SEARCH PD BY TCT TOWN&COUNTRY TITLE 25.00 HUD-1 SETTLEMENT STATEMENT File Number: 13-7206K I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Buyer COBRA INVESTMENT, LLC, FLORIDA LIMITED LIBILITY COMPANY 1 L6- -\ rc KENNETH R TANNASSEE SR,Managing Member In the event a proration of taxes is necessary when the tax bills for the current year are prepared, the parties agree to handle said re-prorations between themselves. Seller . _ 4 SSICA CAMACHO Settlement Agent The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. TOWN & COUNTRY TITLE ) �? �%�- Jr � Date: May 17th,2013 3882174 OR: 4083 PG: 2507 RECORDED in OHICIAL RECORDS of COLLIER COMITY, IL . 09/04/2006 at 11:26AK DWIGHT E. SROCI, CLERE SECOND MORTGAGE OELD 24495.00 ORLI 24495,00 ro: RIC PEE 35.50 DOC-,35 45.16 ► 'y Reta:PATRICIA I GOIEALEZ Aftwed w1s 14160 TITLE COKPAIT N\3>\\ 14160 PALKETTO ?ROITAGE RD#I2 MIAMI LAKES IL 33016 THIS SECOND MORTGAGE("Security Instrument")is given on August ,2006. The Second Mortgagor is: Aisling A.Swift.A Single Person ("Borrower"). This Security Instrument is given to Collier County ("Lender"),which is organized and existIng under the laws of the United States of America,and whose address is 2800 North Horseshoe Drive, *400, Naples, Florida 34014 Borrower owes Lender the sum of Twenty-Four Thousand Four Hundred Ninety-Five and No/100tha Dollars(U.S.$ 24,495.00). This debt is evidenced by Borrower's Note dated the same date as this Security Instrument('Second Mortgage),which provides for monthly payments,with the full debt,if not paid earlier,due and payable on sale of property, refinance, or loss of homestead exemption . This Security Instrument secures to Lender(a)the repayment of the debt evidenced by the Note,with Interest,and all renewals,extensions and modifications;(b)the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument;and(c)the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby Second mortgage,grant and convey to Lender the following described property located in CIollliie�r County,Florida. As more particularly described as Unit 37 �Briarr Landing at the Enclave,A Condominium,of Collier County,Florida and which has the address off: see at aC e exhibit "A" ('Property Address'): 1373 Wildwood Lakes Blvd. Na•lea Florida 34104 *UNIT 3 TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,rents, royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property". BORROWER COVENANTS that Borrower is lawfully seizea,o(_the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered,:r`_ .r brances of record. Borrower warrants and will defend generally the title to the Property against all claims and demand .t,'�. `.,,.. , .wr• cy`fs.of record. THIS SECURITY INSTRUMENT combine* r enertts for n •• •)s nd own-uniform covenants with limited variation by junsdiction to constitute a uniform security instrurp‘fl�tt ,eying real property '\ , UNIFORM COVENANTS. Borrower aNd Dicer covenant and agree as ft:Me's: 1, Payment of Principal and Intere#t;ProdpBymerjj gddlett es. Bo'coweiiyhall promptly pay when due the principal of and interest on the debt evidenced by the Note, J r ''"''• 2. Taxes. The Mortgagor will pay#Ill ta>�,.a- sr r.'seer-r .•-•• atest›rior to the accrual of any thereon. f `n"' Y penalties or interest The Mortgagor shall pay or cause to be pale;as t,.€ r.._ ry d e,(!�x 1)all taxes and governmental charges of any kind whatsoever which may at any time be lavidul s.es, I st or p c.tO'the Property,(2)all utility and other doges, including"service charges",incurred or impoi;e,ILJQr pera' ."ce, upkeep and improvement of the Property,and (3)all assessments or other governmental char ,that may lawfully be pal inst r cry t` a period of years,the Mortgagor shall be obligated under the Mortgage to pay or cause to id only such installme ay�e r,r} to be paid during the term of the Mortgage,and shall,promptly after the payment of any of the ft ,forward to Mortgage Ig.emgibS payment. 3. Application of Payments, Unless .iCa law provides otherwise,,a�payetents received by Lender shall be applied;first,to interest due;and.to principal due;and last,to any a e `.,,/ Y tor( ..fin due under the jina. 4. Charges;Liens. Borrower shall pay all tar it, menusG and impositions attributable to the Property which may attain priority over this Security Instrument.and leaseholdpa fs.,`o(gr i erns,if any Borrower shalt promptly furnish to Lender all notices of amounts to be paid under this paragraph,and all recer`pts-eviderna9rig the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument.Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards,including floods or flooding,for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above.Lender may,at Lenders option,obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. At all times that the Note is outstanding,the Mortgagor shall maintain insurance with respect to the Premises against such nsks and for such amounts as are customarily insured against and pay,as the same become due and payable,all premiums in respect thereto, including,but not limited to,all-risk insurance protecting the interests of the Mortgagor and Mortgagee against loss or damage to the Premises by fire,lightning,and other casualties customarily insured against(including boiler explosion,if appropriate),with a uniform standard extended coverage endorsement,including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises,exclusive of footings and foundations. Ali insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss.Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Pr damaged,if the restoration or repair is economically feasible and Lenders security is riot lessened. It the restoration or repair is not y economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by the Security Instrument.whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the Insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due. The 30-day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend P postpone the due date of the monthly payments referred to in paragraph 1 or change the amount of the payments. If under paragraph the e Property acquisition is acquired y L�to EBo extent of right ht any insurance a by policies i Security t resulting immediately damage to Property prior to 6. Occupancy,Preservation,Maintenance and Protection of the Property; Pte'Leaseholds.to the orro occupy,establish,and use the Pr Ponhi sixty d a s Lean a execut a n, chi$S curit Borrower t and Property as Borrower's principal residence within sixty days after the ex�utidn of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender • otherwise agrees in writing,which consent shah not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control, Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun that in Lender's good faith Ol;,c 2 1 f OR: 4083 PG: 2508 judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest, Borrower may cure such a default and reinstate,as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that,in Lender's goal faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to lender(retailed to provide Lender with any material information)in connection with the loan evidenced by the Note.including,but not limited to,representations concerning Borrower's occupancy of the Property as a principal residence. 11 this Security Instrument is on a leasehold,Borrower shall comply with all the provision of the lease. It Borrower acquires fee title to the Property,the leasehold and the tee title shall not merge unless Lender agrees to the merger in writing. T. Protection of Lenders Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lenders rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay for whatever is necessary to protect the value of the Property and Lenders rights in the Property. Lenders actions may include paying any sums secured by a lien which has priority over this Security Instrument.appearing in court.paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other lerms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect, If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cast to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender, If substantially equivalent mortgage insurance coverage is not available,Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept,use and retain these payments as a less reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(In the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement tor mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation, The proceeds of any award or claim for damages,direct or consequential,in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or riot then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the• 'tA; mediatory before the taking.divided by(b)the fair market value of the Property immediately before the taking. Any bal.•- . 'i b a r e¢ In the event of a partial taking of the Property in which the fair market value of the Property immediately•r - :.ill: n• .is less-lfian t of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in t , finless applicable law o vides,the proceeds shall be applied to the sums secured by this Security Instrument whether or pert urns are then due, Unless L i r and Borrower otherwise agree in writing,any application of proceeds to principal shalt not e>5(end of piS bitelherlts date of the mortally is referred to in paragraphs 1 or change the amount of such payments. J ,, a.-._ '' i, ynt 11. Borrower Not Released,F n• of .'-., of he time for payment or modification of amortization of the sums secured by this Srity. . 90` - spr in interest of Borrower shall not operate to release the fabiTity of the original Borrower >.s s oar s rs n" Est`, i' ' stall net be required to commence proceedings against any successor in interest or refuse tt4egd tl a p rte erwis .fylemgr ization of the sums secured by this Security Instrument by reason of any demand made tl,tt i,o gr�or es v. ., r interest. Any forbearance by Lender in exercising any right or remedy shall not be a Wave of or preclude the exerclike of any right °` medy. 12, Successors and Assigns Sou d nt and Several LiabIlit S{gn1 the covenants and agreements of this Security Instrument shall bind and benefit the successo ssigns of Lender and r j4t to the Provisions of paragraph 17. Borrower's coven an 'agreements shall be joint a, ,s g'dl, Any Borrower who co-signs this Security Instrument but does not execute the Note;(a)is i>�r s Security Instrument QQrly�,tb mortgage,grant and convey that Borrowers interest M the Property under the terms of this Security Instrum '( aor .lib lg'dtdd to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may irgr e. d y,1cifbear or make any accommodations with regard to the terms or this Security Instrument or the Note without that Borower's"COrearit,"---- 13. Loan Charges. if the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then:(a)any such ban charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first Bass mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law;SeverabIlIty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in witldt the Property is located, In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall riot affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security instrument. 17, Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 16, Borrower's Right to Reinstate. if Borrower meets certain conditions.Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained In this Security Instrument;or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures and default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occured. However,this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial Interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice la Borrower. A sale may result in a change in the entity(known as the'Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there as a change of the Loan Servicer,Borrower will be given written notice of the change in accordance with e OR: 4083 PG: 2509 paragraph 14 and applicable taw. The notice will state the name and address of the new Loan Servicer ano the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage,or release ef any Hazardous Substances on or in the Property. Borrower shall not do.nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns,or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance effecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20."Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph 20,"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. 21. Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument,foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,including,but not limited to,reasonable attorney's fees and costs of the title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument,without charge,to Borrower. Borrower shall pay any recordation costs. 23. Attorneys'Fees. As used in this Security Instrument and the Note,°attorneys'fees"shall include any attorneys'fees awarded by an appellate court. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as If the rider(s)were a part of this Security Instrument. (Check Applicable Box) ❑Adjustable Rate Rider ❑Rate Improvement Rider ❑Condominium Rider 0 Graduated Payment Rider 0 1-4 Family Rider ,,. -- _.ti C�Second Home Rider ❑Balloon Rider 0 Biweekly Paym t ftt�titR #, tanned Unit Development Rider ❑Other(s)(specify - i SIGNING BELOW,Borrower accepts and agr9 s tof nrit�rms an4d-e venantvtnnntainea'n thi§sSecurity Instrument and in any riders)executed by Borrower and recorded with it. 1:07 \ signed.seat= vered" + :prasenrf of: ) /} {{ ' W tress#1; •ems 1 ..Car !, l 91 i1 at!p'e Jt � : a♦ ��A ►� il�� '" f 1 `" Borrra • is.; A. Sw£t F •Signature: ' A !i �`�.� k� s Witness#2: i 17SON !` Signature' Co.Borrower r` Signature, Mad ♦ Ad '373 Srildxood Lakes Blvd. UNIT 3 Naples, Florida 34104 STATE OF FLORIDA COUNTY OF MIAMI—DADE I hereby certify that on this day,before me,an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgements,personally appeared Aisling A.Swift-.to me k to be the person(s)described in and who executed the ♦■ foregoing instrument and acknowledged before me that(Hat she/ )executed ?same for the purpose therein expressed, WITNESS my hand and official seal in the County- . 1 r •r:.-'•th.,213 thday of JULY ,20 06 , My Commission Expires; t&-ti nature (Seal) _.. ODALyS P13tET No 's Printed .me trY COMMBSION ra00302732 FXPtlRfs SfP1Ezooe Sondecithrougt1st Stas Instance • Fife##: 05-077 *** OR: 4083 PG' 2510 *** Condominium Unit 3, Building 24, BRIAR LANDING AT THE ENCLAVE CONDOMINIUM, a Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 4022, Page 2050, as amended in Official Records Book 4025, Page 1900, and any amendments thereof, of the Public Records of Collier County, Florida, together with an undivided interest in the common elements appurtenant thereto, as set forth in said Declaration. --------- / / er--\ yr1 ks_.4 ( to/ (A.), 11:1;2::--"°':-:''''''.. .:-.° ::'o 2----01.1':N.-r-c;--IT—I NC-e---17771-, . -178i)0.1;13-68 1 0 0"D .4%41ii ' A i `'l 0 o'>.< ,;.,. 0 ;1„i K 1,, i7 M(1-4 I: 1' x- ,ty, ....., o T-1 -rt-T., * tr ,,, 0 Z El, o b'e C.) 0 0 C) __. . 5* = 0 (..., = tiii.).),, , if m vi- ,.'"-.^-, ", C) -11 -, ........ ft, . cr) -1771,,,...,0) j 2 2 (-) ..r, 1 o c ai -- ,(1,,R,(?,)'!-.° 4''n),qi5 ct) c 12 =.g 0 f.'1 .." • (E 6'' H : 0., 0(j) a r<" , s 0 -- 8 i:I.54 • 1 %) c) , _ ,..,...., -a) C' i -' - r r.1 * = z 0 X a F . ' 5 g (,) c) CD >.t., n 0 .,C 3 0- QC/) _3. o' '),,. a > c 0 f,i), • ! ,1 ; 1 . -nlf CD 0 i .. •t e9 ,*- ■ . = * C; '... g : 1 (n. r r..."i a a 0 > I c..) i„ • * CI) 0X 02:11,,,,i Z . 0 21. ,..., • , a § CO '4' c- z 0 .'. - \ r— a cz, O .) __. 1 •,:t z m kijj t===1 c)1 t 4 '•':.t : co 18 < , ''. :ider 3 NI, ■ ';'4,1.1-------4- intuit.CheckLockm.Secure Check EA oninds on Sack T:-ir:"''_-"".:'*' ,.",-.L.,..,..., HOD-1 U.S.Department of Housing A.Settlement Statement and Urban Development 0M9 No.2502-0265 B.Type of Loan O 1.FHA 0 2.FmHA 0 3.Cons.Unins. 6,File Number 7.Loan Number 8. Mortg.Ins.Case Num. Q 4.V.A. 0 5.Cory.Ins. 13R-370 ID: C. NOTE:This form is furnished to give you a statement of actual settlement costs,Amounts paid to and by the settlement agent are shown,Items marlted'(p.o.c.)"were paid outside the closing;they are shown here for informational purposes and are not included in the totals. D.NAME OF BORROWER: ASOM Investment 2012 LLC,a Florida trotted liability company Address of Borrower: 2875 NE 191 Street,Suite 201,Aventura,Florida 33180 E.NAME OF SELLER: Aisfing A.Swift,a single woman Address of Seller: 2415 Ravenna Blvd.,Unit 101,Naples,Florida 34109 TIN: F NAME OF LENDER: Address of Lander. G.PROPERTY LOCATION: 1373 Wiltfwood Lakes Blvd.,Unit 3,Naples,Florida 34104 H.SETTLEMENT AGENT: Law Office of Conrad W iiikomm,P.A. TIN:20-4544316 Place of Settlement: 590 11th Street South,Naples,Florida 34102 Phone:239-282-5303 I.SETTLEMENT DATE: 6/28/13 DISBURSEMENT DATE: 6/28/13 J.Summary of borrower's transaction K Summary of setleee transaction 100,Gross amount due from borrower: 400.Gross amount due to seller: 101.Contract sates-rice 39,900.00 401.Contract sales price _..... 39,900.00 102.Personal property 402.Personal property ._._..� 103.Settlement charges to borrower(Line 1400) 3,794.53 403. 104. 404. 105. 405. Adjustments for Item,Daft(by seller In advance: Adjustments for Items oal_g_gy_ealler in advance: 106.City/town taxes 408.City/town taxes 107.County taxes 407.County taxes 108.Monthly Cando Assessment from 06/28/13 to 06/30/13 22.76 408,Monthly CaWoAssessment from 06/28/13 to 08/30113 22.75 109. 409. 110, 410, 111. 411. 112. 412. 120.Gross amount dip from borrower: 43,717.28 420.Gross amount due to seller: , 39,922,75 200.Amounts oald or in behalf of borrower: 300.Reductions In amoun) ue to setter: '201.Deposit or earnest money 1,000.00 501.Excess deposit(see Instructions) 202.Principal amount of new loan(s) 502.Settlement charges to seller(line 1400) 4,072.36 203.Existing Icon(s)taken subject to 503.Existing loan(s)taken subject to 204.Principal amount of second mortgage 504.Payoff of first mortgage loan 34,399.62 205. 505.Payoff of second mortgage loan 1,469.70 206. 506.Deposits held by seller 207.Principal amt of mortgage held by seter 507.Principal amt of mortgage held by seller 208. 508, 209. 509. Adiustments for Items unpaid by seller. Adjustments for Items unpaid by_selier, 210.City/town taxes 510.City/town taxes 211.2013 County Property Taxes from 01/01/13 to 06/28/13 48.49 511.2013 County Property Taxes from 01/01/13 to 06/28/13 46.49 212.Assessrnents 512.Assessments 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. _.,.._ .. 218. 518. 219. 519, 220.Total paid by/for borrower. 1,048.49 520.Total reductions In amount due seller: 39,988.17 , 300.Cash at settlement from/to borrower: Cash at settlement to/from set air: 301.Gross amount due from borrower 43,717,28 601.Gross amount due to seller 39,922.75 (line 120) (line 420) 302.Less amount paid by/for the borrower (1,046.49) 602,Less total reductions in amount due seller (39,988.17) (tine 220) (line 520) 303.Cash( [✓)From ❑To )Borrower. 42,670.79 603,Cash( ❑To v(J Front )Seiler: 65.42 Substitute Form 1099 Seller Statement: The information contained in blocks E.0,H,and I and on line 401 is important tax information and is being furnished to the IRS. If you are required to file a return,a negligence penalty or other sanction will be Imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Seller Instructions: If this reel estate was your principal residence,file Form 2119,Sale or Exchange of Principal Residence,for any gain,with your tax return;for other transactions,complete the applicable parts of Form 4797,Form 6262 and/or Schedule D(Form 1040). • HUD-1 U.S.Department of Hoasing and Urban Development Page 2 L.Settlement charges Barmwe'POCSetler POC Paid from Paid from 700.Total Sales/Brokers Corn.based on price $39,900.00 0 80000%e 1,995.00 Borrower's Seller's 701. 997.50 2.5000%to REJMAX Realty Select Funds at Funds at 702. 997.50 2.5000%to Sandpiper Realty&Ma Settlement t Settlement pp ty n�ment,LLC 703.Commisslen paid at settlement 1,995.00 704. to 800,Items savable in connection with loan: Borrower POCSeller POC 801. Loan origination fee %to 802. Loan discount %to 803.Appraisal fee to ._...... 804,Credit report to 805. Lender's inspection fee to I 806. Mortgage insurance application fee to 807,Assumption Fee to 808. to 809, to 810. to 811. to 900.Items required by lender to be paid In advance Borrower POCSeIler POC 901.Interest from to 42) /day 902.Mortgage insurance premium for months to 903.Hazard insurance piondum for ye ens to I 904.Flood Insurance premium for years to 905. years to 1000.Reserves deposited with lender Borrower P005eller POC 1001,Hazard insurance months r, per month 1002.Mortgage Insurance months 1003.City property taxes per month months© per month ) 1004,County property taxes months 9 per month 1005.Annual assessments months per month 1008.Flood insurance months 0 per month 1007. months 61) per month 1008. months at per month 1009.Aggregate accounting adjustment 1100,Title charges: • Borrower POCSelter Poe 1101.Settlement or closing fee to Law Office of Conrad W ilikomm,P.A. 86821 1102.Abstract or title search to Attorneys Title Fund Services,LLC 75.00 1103.Title examination to 1104.Title insurance binder to 1105,Document preparation to 1106.Notary fees to 1107.Attorney's Fees to Law Office of Conrad Wtllkomm,P.A. 250.00 (Includes above Item members: ) 1108.Title Insurance to Old Republic Nat.TitleiConrad W tllkontm 229,43 (includes above Item numbers: ) 1109.Lender's coverage(Premium): 1110, Owner's coverage(Premium): $39,900.00(5229.43) 1111. Endorse: 1112.Certified Mailing•Final Title Does to Law Otfioe of Conrad W Bikomm,P.A, 25.00 1113.Buyer FeeAgreement to Law Office of Conrad Willkomm,P.A. 2,250.00 1200.Government recording and transfer cheroop: 1201.Recording fees Deed 518.50 Mortgage(s) Releases $10.00 18.50 10,00 1202.City/county tax/stamps Deed Mortgage(s) 1203.State taxistants Dead $279.30 Mortgages) 279.30 1204.Certificate of Approval to Collier County Clerk of Court 18.50 1205. to 1300.Additional settlement charges' Borrower POCSellerPOC,�� 1301.Code Enforcement Estoppel&Overnight to Law Office of Conrad W Alkamrn,PA. _ 50.00 1302.Woking Capital Contribution to Red Star international,LLC Condo Operations _ 682.53 1303.Outstanding Utility Assessment to Red Star international,LLC Condo Operations 6542 1304.Association Approval Processing to Red Star International,LLC Condo Operations 165,00 55.00 1305.Condo Estoppel Fee to Red Star international,LLC Condo Operations 19500 1306.Transaction Fee to Red Star International,LLC Condo Operations 800.00 1307.Credit towards unapproved Closing Costs to Law Office of Conrad WiilKcmm,PA_ -165,00 1308, to 1309. 1400.Total settlement charges: - (Enter on lines 103,Section J and 502,Section K) 3,794.53, 4,07256 DoubleTlmele HUD-1 SETTLEMENT STATEMENT ADDENDUM Pie Number: 13R-370 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement. Borrower(s) ASDM Investment 2012 LLC a Florida limited liability company By: Moshe Schwartz Man-.er a 7 e11 (s) Ar /All wr LIMP' fit. g Aly = ift Settlement Agent The HUD-1 = lement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Law Office of illkomm, P.A. By: Data: C1 I @_.c l (J0 WARNING:It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S.Code Section 1001 and Section 1010. DoubleTlme® HUD-1 SETTLEMENT STATEMENT ADDENDUM File Number. 13R.370 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-1 Settlement Statement Borrower(s) ASDM Ywea a Florida lity company By: tar"""_ Moshe S � Manager Seller(s) Aialing A. Swift Settlement Agent The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement Law Office of co lkoemt, P.A. By: r Date: 064(77(;64.? WARNING:It Is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and Imprisonment. For details see: Title 18 U.S.Code Section 1001 and Section 1010. DoubleibarS fete: 3251312 OR: 3386 PG: 0385 g11a se*1ae • 11011Ci1 111tYlG1 Mil 11001010 10 tot CI*iOS3;1 11(810*0E CGti111 t0110T, IL 00 n* 11,s* _ WI 141t111 11x01 11 NO e!1*11t401 it 03:4511 11111*1,MCP, Ct*11 000.,3$ 11,5* 101111 1111113 11 31133 1101 SICOND NORTs3AQ11 THIS SECOND MORTGAGE("Security inewmenn is given on Augwt 292003 The Second Mortgagor is: Jose Nieves Randree and Marta J.Mendoza,Ramirez,Husband end Wife ("Borrower').The Security Instrument Is pen to Collier County ('Lender'),wteah Is organized and existing under the taws of the unted States of America,end whose address Is 3050 :,•nth It• *shoe ••ive _395 •lee Florida 34014 . Borrower owes Loder the sum of Pi Y.14's t`.r: .M;i""IRI TII.: are h 100;•.•0 . a debt M evidenced by Borrowers Note dated the earns date as this Security Instrument C •• •Mortgage'),l,which provides • monesy payment*,with the lull deb&If not Pant earlier,due end payable On ea7,s of o oDSPtYa rerit*at*loe,, or ease of honest exemption . This Security instrument secures to Lender.(e)the repay eats the, �y by the Note,with�e Interest,end at renewals,extenelons and moretications;(b)the Wheal of ett other stuns,with Interest advenced under perepteph 7 to protect the security of the Security Instrument;end(o)the perfomnamce of Borrowers covenants and agreements under Via Security Irtatnsnent hod the Note. For this purpose,Borrower does hereby second mortgage,grant and convey to Lender the following described pfopery located It Collier County,Florida, -ell EA/410i r',t r./ As more particularly described as Lot 29,Jubilation Subdivision,Coiner County,Florida end which has the address of: ("PropertyAddrasa'): 1235 lrisisdinip Way, X okalee, Florida 34151 TOGETHER WITH all the Improvements now or hereafter erected on the property,and et eas.mente,rights,appurtenances,rents, royalties,nttneral,of and gas rights end profits,water rights end stock and all fixtures now or hereafter a pan of the property. At replacements and addSUone shell also be covered by the Security instrument.AU or the foregoing is referred to In this Security lnstrun>en(is the`Property'. BORROWER COVENANTS that Borrower to lawfully seized of the eatata hereby conveyed and has the Net to mortgage.grant and convey the Property end that the Property is unencumbered,except for encumbrances of record. Borrower warrants and wit defend generally the thee to the Property*gainel all claims and demands,trebled to any encumbrances of record. THIS SECURITY INSTRUMENT combines*Worm covenants for national use and non-Worm covenants with*mead variation try security property. UNIFORM CCOVENANTS.Borrower and Lender covering venant and a as follows: I.•Payment of Principal and Interest*Prepayment and Late Charges.Borrower shall promptly pay when due the prindpsl of end interest on the debt evidenced by the Note. 2.Taxes. The Mortgagor era pay at taros,a,seamenie jaweu l b or water rates prior to the accrual of any penalties or items! tmeredti. , W The Mortgagor shall pay or cause to be p>ald,a y�«ip�`,.-.• ■'� y due,(AHi)at taxes and governmental charpsa utelly end other Oa kind whatsoever s ic which may Inat curred any d time or bed for 7."lion,maintenance,use 't upkeep and ter arnprovernsrnt of the P including'service charges',Incvrred e 1 an (S)ell sussamenle or other governmental ois• . ' '�y tawtudy be paid in!retell :• r a period of yeah,the Mortgagor alai obligated under the Mortgage to pay or cause to•. • takroeAt¢,p are • •be paid during the term o)the shed,promptly after the payment of any of the r• •• •, • ..ogee e • roe of •.rota it S.Application of Payments.thee w• •by Lender ahae be applied:I Interest dine;and,to pdthdpnal due;end eat,to '4. Charges;Liens.Borrower shall T omioutabte to the Property attain priority over this Security Instrument, syh r'!u ii,• rents ' u _ shai prorrpty tunes,to Lender all notices or Juncuni*to be pall under trot pa . . 'the• Borrower stet prorOWy dsaharge an ,. • has priority over• . unless Borrower:(a)agrees in welling the payment of the obligation secured by the r eocepteb a to L- 'r•(b goof tent ire ten by,or daterwie r enforcement of the Inn In,heal proceedings Lender's opinion open eHorcemsnt of the rem or(e)secures from the of the holder of e sti en agreement to ntt eati may to situ• • mem lien to Unto r may trument t Lender nehm a nee that any part Borrower shall satsy the ken or take one or more of of Borrower a notice Ida r erg the flan 5. Huard or Property Insurance.Borrower • • .. • i^.•• ••eniati g or Mnater erected at the Property Insured against loss by fire,hazards included within the term'extended • . • :ny other hazards,I nctudklg floods or flooding,tarwhhce Lender ; tequtres Insurance.The insurance shall be maintained In the amounts and for the periods that Lander mouth*.The theorem,career provIdIng the insurance alai be chosen by Borrower sut4ect to Lender's approval which shell not be unreasonably wthheld.It Borrower fails to maintain coverage described above,Lender may,at Lenders option,obtain coverage to protect Lender's rights In the Property In accordance with paragraph T.At all limes that the Note ts.outatandlg,the Mortgagor shat maintain Insurance with respect to the Prints**tses against such risks and for such amounts as are customarily Insured against and pay,se the same become due and payable,e1 premiums an respect thereto Inctuding,but not limited to,at•eek insurance protecting the interests of the Mortgagor end*deeper veinal loss or damage to the Premises by tire,lightning,and other casualties customarily insured against(Inehxing baler erpioehon,a appropriate),wet a tritomn standard extended cosmos endorsement,Including debris removal coverage.Such insurance at all times to be in an amount not less than the he replacement oat of the Premise.,exclusive of footings and foundations. Ail insurance paticies and renewals shag be acceptable to Lender and shall Wilde a standard mortgage*awe. Lander awe have the tight to hold the petioles and renewals.II Lender requires,Borrower shall promptly give to Lender ail receipts of paid premiums and renewal notices.In the event of toes,Borrower shat give prompt nod*to the Insurance carrier and Lender, Lender may make proof re toes it not made promptly by Borrower. Unless Lender end Borrower otherwise agree In writing,Insurance proceeds stall be appled to matorllon or tepee of the Property damaged,if tie restoration or repair Is economically feasible and Lenders security a not lessened.It the restoration or repair Ia not Instrument,whether or not then due,with excess paid o flamer. If Borrower abandons the Property,*dens not renewer whin 30 days a notice from Lender that the lnavrance canter has offered to settle a claim,then Lender mayooiect the Insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay slam secured by this Security lnetnrnent,whether or not then due.The 30-day period will Nigro when the notice is mated.Unless Lender and Borrower otherwka agree It writing,any sppicelon*proceeds to pimps)seal not extend or postpone the due dale of the marthy payments rehmed to In paragraph 1 or change to amount Of the paymeree. It under peragraph 21 the Prpery Is acquired by Lender,Borrowers right to any neurone*pdidea and proceeds resulting from damage to the Property prior to ' the acquisition shat pass to Lender toe*axtent of the arms secured by tide Securiy instrument Immediately prior to the acquisition. 54 Occupancy,Preservation,Mefntsnanoe end Protection of the Property;borrowers Loan Aeplatton,Le sehol de,Bottom*slid ' occupy,establish,and use the Property as Borrowers principal residence ce within*bay days after the e*ci*lo r at tide Security Instrument end Oita Continue to occupy the Property as Borrowers peroipat residence for at Meal one year titer the dated union Lender otherwise agrees in writing,which consent shell not be wxksasoraby wIUhtsld,or uremia extenuating drwntatencee<�t wtich eta beyond Borrower's control, Borrower shall not destroy,damage or Impair the Property,slow the Property to deteriorate,or corm**ahem the Property. Borrower shat be In default If any Iodetur*action or proceeding,weather cif or cdiNril,le begun that kr Lender's good kith Could result In forfeiture or the Property of at erwia mater sly Impair the l en created by tea Security instrument*Lenders security eroet,Borrawr may cure such a default and reinstate,as poet***paragraph i5,by causing the actor or procaedngg to be dismissed wth*ruling that,In Lender',good faith dehnnnaffo r,precludes forfeiture*the Borrowers interest In the Property*.other metal') Impairment of the inn created by tNe Security instrument*Lender's security Werest Borrower shall strobe in default II Borrower,defog the loan appicatlon process,gave maternity told or Inaccurate Intonation or statement to Lander(or felted to p evtde Lender with any material information)In co necton with the lean evidenced by the Note,including,but not Smiled to,repretentstone eon erring Borrowers ooc• ency of the Propety sea principal residence. if this Security Instrument a on a leasehold,Borrower stal comply with all the written of to Maas. ft Borrower sequins fee the to the Property,the leasehold and the he pith shell not merge trlees lends agree*tote molten kr wrtkrg. i 011: 3386 PG: 0386 • • 7.Protection of Landers Rights In the Property.If Borrower facts to pedant the covenants and agreements contained in this Secretly Instrument,or there Is a legal proceeding that may signl icendy elect Lenders rights in the Property(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture or to enforce taws or regulations),then tender may do and pay tot whatever it necessary to prefect the value ci the Property and Lenders rights In the Property. tenders actions may tndude paying any sums secured by a lien winch has priority over ails Security Instrument,appearing In court,paying news ahte aiorr*ya'tees and art g on the Property to make renders, Mhough Lender may lake action under Ids paragraph 7,Lender does not have to do so. Any amounts d stureed ty Lender under Mrs paragraph 7 shell become additional debt of Borrower secured by this Security lnstrumert.Unless e Bonder end tender agree to other terms of payment,these amounts shall beat interest kern the date ra deb./named at the Note rate end shall be payable,with interest upon notice from tender to Borrower requesting payment. 5. Mortgage insurance:II Lender required mortgage Insurance as a condign of making the loan secured by the Security Instrument,Borrower shall pay the premiums required to maintain the mortgage I suience in effect.If,for any reason,the mortgage Insurance coverage required by tender lapses or ceases to be et effect,Borrower aria pay the premiums tweeted to obtain coverage aubsUtWaiy equivalent to the mortgage insurance previously In enact,eta cost subsientiaiy equivalent to the cost to Borrower of the mortgage Insurance pre sousty to effect,from en*gamete mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage Is not available,Borrower stall pay to Lender each month a sum equal to on•twetfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be In effect lender Wel accept use and retain these payments as a loss reserve In lieu of mortgage Insurance. Lou reserve payments may no longer be required,at to option of Lender,if mortgage Insurance coverage(In the amount and for the period that Lender requires)provided by an Insurer approved by tender age*becomes available and is cbtakwd. Borrower shalt pay the premiums required to maintain mortgage Insurance In elect,or to provide a loss reserve,until the requirement for mortgage Insurance ends in accordance with any written agreement between Borrower end Lender or applicable law. IL inspection.Lender or its agent may make reasonable wades upon and Inspections of the Property,Lender shall give Borrower notice at the lime of or prior to an Inspection specifying reasonable cause lot the inspection. 10.Condemnetket The proceeds of any award or dais for damages,direct or coreequerdlat,h connection with any condemnalbn or other taking of any part or the Property,or for conveyance in Neu of condemnation,are hereby assigned and shall be paid to Lender.to the event of a totaltakig el the Property,the proceeds shall be applied to the sums secured by this Securf y instnsrNnt.whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property,in Mach the hie market vak*of the Prepedy krvnedi tery • before to taking Is equal to or greater than the amount of the awe secured by this Security(nstnxnett immediately barest the taking.urtass Borrower a rd under otherwise agree In writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the Mowing(rsetion:(a)the total amount ct the sums secured irmuedstey before the taking,divided by(b)the fair market value of the Property Immediate?"before the taking.Any balance shall be paid to Borrower.in to event of a partial taking of the Property In which the lair market value of the Property krcfediately before the taking to Nes then the amount of the suns seeded immediately for the taking, • unless Borrower and Lender other ise agree to willing of rakes applicable law otherwise provides,the proceeds MeV be applied to the sums secured by INs Security Instrument Whether or not the suns are then due.Union tender and Borrower otherwise agree In meting,any the amount of proceeds c eeds�pnlrincipal Oise not extend or postpone the due date d the monthly payments referred to h paragraphs 1 or change 11. Borrower Not Released,Por mmld By L • • *W Extension%of the tines for payment or modification of amortization of the sums secured by tree Security Instrume, . . , a u successor in interest of Borrower shell not operate to resew the Iiabtay of the original Borrower on Borrower w.w-4 i+tsrbit_ •, ,, t not be required to cctemeeee proceedings against arty successor In interest or refuse to extend , . or otherwt ton of the sums secured by this Security Instrument by reason of any demand made by the• e r.. • • or Borrower's Interest My forbearance by Larder in exerciskg any right or remedy shall not be a wa .rot• enrolee of any • of - . 12. Successors and Assigns scan• Jot a, covenants end agreements of this Security Instrument shalt bind and benefit the success, •assigns • • • ••• • .0,: •. t 10• . Provisions of paragraph 17.Borrowers cove led ,u, y(k, s t , ■ Borrower who ensigns its Security Instrument but does not execute the Note;(a) cc- .. . . . grant and convey that Ckettwer's interest *the Property under tme terms of this Sacu: lee Is to• , sums secured by this Secunky Instrument: and(c)agrees that Lender and any other-• • L�� '!r! •"la . .''TL•. ,y accomrwdeUone with regard to the terms• d this Security Instrument or the Note I, ea content - 19,Loan Charges. If the loan tear . • a Seedily Instrument is to '•• sets 1mas3mum loan charges,and that law Is inaly interpreted so that the Interest or• • chimes collected or ,.--c-,,,,... (;r -• •• wits the ban exceed the permitted knits,then:(a)any such ken charge shall be ••' , • amount necessary . , , ..' rue to the permitted wit;and(b)any sure already collected from Borrower which exceeded pa q.11' • 1 s will be retarded • =• tender may choose to males this rotund by reducing the principal owed under the Note or by ma . • t to:. yr refund reduces reticles',the rtducloe will be treated as a partial prepayment without any prepayment h•.n ;"ay 14. Nodes.My notice to Borrower provided forth lee, 'lie e I shall be given by d e snug it or by mailing lt try first class melt uNeu applicable law required use of another method. The not- shall be*soled to the Property dd Address or any other address Borrower designates by notice to lender. Any notice to Lender shall be green to Borrower of lender when given as provided In this paragraph. 16. Governing Lewi Sewrebiiky.This Security hetrxnett shell be governed by federal taw and the law of to Kufsdet on in witch the Property is boded. In the event that any provision or odause df this Security instrument or the Note conflicts with*pliable livable taw,such conflict than not affect other provisions of this Security instrument or the Note which can be given effect witherrt the co tlkfkg provision. To ihem and the pronislone of iris Security Instrument and the Note are declared to be severable. 115. Borrowers Copy. Borrower shall be given one conformed copy of the Note and el ties Security Instrument.ennt. 17. Transfer of the Property or a Beneficial interest in Borrower. It all or any pan of the Property or any Interest in It is sold or transferred(or It a benelotal Stenos*In Sammy Is sold or tran started and Bcrovrar Is not a natural person)w.tdhout Lender's priorwrdten consent Lender may.al its option,require enmsdtele payment in hill of all sums secured by this Security instrument.However,this option Shell not be exercised by Lender if exercise Is prohibited by federal law as of the data of this Security hetrunent. et Lender exercised this option,lender shalt give Borrower notice of ecce)eraton.The radar shall provide a period of not less ten 30 days from tie date the notice Is deitiered or miffed within which Borrower most pay all writs secured by ere Security Instrument.If knower falls to pay these sums prior to the expeeton of tie period,Lender may Woke any remedies pemilsd by ties Security kKtnalwnt*trout further notice or demand on Borrower. 111. Borrowers Right to Reinstate. II Borrower meets certain condiione,Borrower libel have the fight to have anloresrnent of this relnetat Instrument enll)wiore sale of the at perty pursuant to the earlier (a) cc000t(ilk d tree Sec Security Instrument;o(b entry o spicily lee f judgment enforcing tree Security Instrument. Those confuse art that Borrower.(a)pays Lender all sums which then would be due under Iris Security tnelrument end the Note as If no acceleration had occurred;(b)cures and default of any otter covenants or agreements;(c)pays roe expenses incurred in misting thIa Security instrument Including,g,but not limited to,reasoned*attorney.feu;sod(d)takes such eaten as tender may seasonably require to assure that the lien of this Security+Instrument,lender's rights in the Property and Borrowers obligation to pay the sums secured by sine Security Instrument shall continue unchanged.Upon reinstatement by Borfoaer,this Secretly lr*trurfen and the obligations secured hereby shall remain My effective as if no acceleration had oocumad.However,this right to reinstate shall not appee in the use d aoole rcton under paragraph 17. IL Sale of Noted Change of Loan Services The Note or a pedal interest in the Note(together with this Security*grimed)may be sold one or more Imes without price notice to Borrower, A sale may result In change in the entity(known as the'Loan See/me)that collects monthly payments due under the Note and this Securitty instrument.There also may be one or more changes of time Lora Servicer unrelated to a sale of the Note. It there le a flange of the Loan%nicer,Borrower will be given WOW rotloe of the change in accordance with paragraph 14 and epplcable haw, The notice wee stete to name and address of the new Loan Smear aro the address to vfiktt payments slued be made.The notice will also contain any other Informitton required by applicable law. 20.Hazardous Subetances.Borrower shall not cause or peer*the pretence,use,deposal,storage,or release of arty Hazardous Substances on et In the Property. Borrower shall not do,nor allow anyone else to do;anything aBsckg the Properly fret b**Wirer of any Emirorementet Law. The preceding g two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Subtleness that are generally recognized to be appropriate to normal reddened uses and to meintetence of de Property. Borrower shall promptly give Lender written notice for any Investioation,claim,demand,Lawsuit or other action by arty goveasnertal or regulatory ni . It Bon or private a notified ie the Preperty and any Hazarraue Madame or Envirramertal bby army governmental or r.gtietory autttoily, t a rla otter remsoalon ary actual OR: 3386 PG: 0387 Hazardous Subsianc*effecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in atxordance weft Environmental Law. As used to the pa more ph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by Envkonmentai Law end the following substances:gasoline,kerosene,other ttarrrnebte or toxio petroleum products,tondo pesticides and hnertiddes,vohattts solvents,materiels containing asbestos or formaldehyde.and radioed?*maters. As used In to paragraph 20,'Environmental Law'means federal laws end laws of the Jurisdiction whets the Property is Wailed that relate to health,safety or envirorrnereal protection. 21.Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrows?,breach of airy covenant or agreement In this Security Instrument(but not prior to acceleration under paragraph 17 unless apptcsble law provides otherwise). The notice shell specify: (a)the detach;(b)the action required to cure the default(o)a date,not leas than 90 days from the date the notice Is given to Borrower,by which the detscit must be cured;and(4)that tenure to cure the default on orbetore the date specified In the notice may resrril in acceleration of the sums secured by this Security Instrurrert,foreclosure by)udtctat proceeding and sale ci the Property,The notice stag further Inform Borrower of the right to reinsist°after acceleration end the right to assert gt the foreclosure proosedrg the non irdstence ct a default or any other defense of Borrower to acceleralon and foreclosure.II the default is not cured on or before the date specified h r the not ice, Lender,at its option,may require knmedate payment in lux of all sums seared by the Security!miners*without further demand and may foreclose this Security Instrument by judicial proceeding.Lender shag be entitled to collect all expenses Incurred in pursuing the remedies provided in 22. Release.paragraph pon pa including,d but scums secured by th�isciSecur ty Instrument,ant, ender shall mem thi Security InatnXnent,without charge,to Borrower. Borrower shall pay any recordation costs. 22.Attorneys'Fete.As used In this Security Instrument and the Note,'attorneys'teas'shall incest*any attorneys'fete awarded by an appeliete court. 24. Riders to thtt Security Instrument!.If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements or etch such rider shat be incorporated Into end shall amend end supplement the covertisnta end agreements of this Security Instrument as ti the Wefts)were a part of this Security Instrument. (Mach*doable Borg Adjustable Rate Rider Rate Improvement tattler Condomtdum Rider Graduated Payment Rider 1•s Family Rider A Secordi Home(alder Balloon Alder Bfvreetl'payment Rider 0 Pfar led Unit Development Rider Others)(specify SIGNING BELOW,Borrower accepts and agrees to the;arms and covenants contained In the Security Instrument and in any rlder(s)executed by Borrower and recorded with II. Signed,se ,d and dotty I • as a ot: ----, p Witness l tr.< , L • v �,v.<11V,11 i drat .bit, - 1v 1• /y i t'1 h . II!�/ �CP Borrower ,. Nieves Rosier*s Wgneset: . 1.�..r 0111 ,16,4111111/1 r— • whtreaat2: 11771 .1 1�---51� unt ..� .ti._ L . . ! ir } Neadosa-ttasit es Signature: ♦ � 1 1011112358 •STATEOFFIORIDA C, m. • •- invitee 2ii12 , Cil COUNTY OFD. t N� I hereby certify that on this day,before me, a • •. : ' '-formic!and In the county sloressid to take acknowtedgernents,personalty appeared Jose hN eves Runt ,A Jita;�Ui J tree to me known to be the person(e)described In end who executed the foregoing instrument ella4�tRfolll m8tst(Her she/they)executed the earns for the purpose therein expressed. WITNESS my hand and off etal seat to the County and Stale said this . ' y of- 20A,3--Aor My Commission Expires: -,, :w i.. _ ia...w! h O ty- •,'s Slgnatwe {Suit Notary.Printed Narre • Filet. 03-229 ; 41,.... , Nt»,..,„0.73 *** OR: 3386 PG: 0388 If** Fite Number:124 s , S • FULL LEGAL DESCRIPTION Exhibit"A"to s. Lot(s)29,JUBILATION according to t t ereof,recorded -$fa Book 37, Pages)4 through 7 of In (IC 0 the Public Records of COLLIER Cou ty, `I� a, sts\ ,,,,,.,,,, p • • C) .,..''..,.:... : en ....., cz c....-, o o ..:..:. 0 .• In c> 0`■ C.:. C.....'; :-..• 1,-4 `11 * (,) .....4 -,-; .. . * , = ......„, ..... .14,1V = = , , = '5, ) *-2 il 5 go = Iiig -, m ....„ 1i. 4.0 PI v." 04 45- cn (,-, 4/4 Z rn-n b I.. z 5 # m AZ' cn W RS f .,.. -6. .0 col ‘. P .c c., 1... 0 , .. .tz _ ,,, •■■ 5 E . . , . 4,) 0 v 0 ci 7., (-) 4.■ I- 0 C.; .-' * •...0 ....' ,:".1.) .. v P 11 r'i I 0 . , a.■ !..—.. a. , cr. crq 6. > ,./5 ,..... 0 ... , = 0 .1,r,2 ...... ..oc,) ,16, 0 = •••• on "Z ..• , 0 (I) co ......!! `,"•' 0 gz, -cl en 0 c , "F- A u •a <,..., = 44 Et § , V) 0 ....„■,,, 1.1. , .....'■ c4 ..., t■I 7) ,--■ :::,.... ........... 47 :r.p. E..■ VI t:L, co) , .7 ,... ..... ..... ...... a (.., 1.1 . c go ..,- C ..... ....: t.1- ............. Cl. f.-- 0 C.) giPiP ..... ...„.... ....,...— „, — 7 ...., -..- —........,.. A. U.S.DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT . B. TYPE OF LOAN SETTLEMENT STATEMENT __ ....__.- BEST Title Solutions,Inc. I .grin z Fh HA �. (�coKV N vt 1205 Cape Coral Parkway E. 3, n 5 Ei ct>NV INS. Cape Coral,Florida 33904 (239)541-3388 fax:(239)541-3387 I6.File Nunie, 7.LC N.,mbar: CC13.1432 e.bionyeya tm-.CAM No: i C NOTE: Tills form i s furnished to give you a statement o f actual settlement costs Amounts paid t o a n d b y t h e setthmart agent are shown.hems marked- (p xc)were aid outside the closing They are shown here far i formationalynJ aset and are not included in the totals, - d.... ..__. ......._.-.. .__. ...........�___..._. Augustin Dalusma and Odette Dalusma D.Buyer: P.O.Box 598 Immokalee,Fl 34143 F Seller, lose Nieves Ramirez and Maria I.Mendoza-Ramirez F.Lender: �___-..._-_ 1235 Friendship Way G.Property: Immokalee,Collier County,Florida .34142 Lot Lot 29,Jubilation,Book 37,Page 4 through 7,inclusive Collier County,Florida H.Settlement Agent: BEST Title Solutions,Inc. Place ofSettlement: 1205. Cane Coral Parkway,Cape Coral,Florida 33904 Lee County T.Settlement Dale: July 10,2013 J. Summary of Buyer's Transaction 1K. Summary of Seller's Transaction 100 gross Amount Due From Buyer 1400.Gross Amount Due To Seller. 101 Contract Sales Price 52,900 00 401. Contract Salr.s Price 102 Personal Property_ _ 402. Personal Prerty 103 Settlement Charges toBu er(line 1400) 550,E ""- - .. . ......._ ... - __ Y ( ..._ )...._.__ 5(403. ._..... _....._.._--..............._..._ -__.. _......___- 104. Balance of funds needed for Assoc.lien to 149.74 404. Augustin Dalusma and Odette Dalusma Balance of funds needed to release lien to 105. Collier County Board of County 398.95.405. Commissioners Adjustments for Items Paid by Seller in Advance Adjustments for Items Paid by Seller in Advance: 106. City Town Taxes _t'_ t}' _..... __......_ ___ _..... 106. City/Town Taxes....._ _.._.._..` _.. ...._......._.- 107. County/Parish Taxes _ 407. County f Parish Taxes 108. Assessments 408. Assessments Prepaid Garbage Jul 10,2013 they Sep 30, 37.13 109. Prepaid Garbage Jul 10,2013 thru Sep 30, Imo' 37.13 2013 i 2013 110. Stormwater 410. Stonnwater 11l. CCJ Lot _..._. S -_..._.....__ _ _...._ 411. CCC-Lot Mowing -- 112. _._. 412. _...._-.....__... 113 413. 120 Gross Amount Due from Buyer: 54,036.07 420. Cross Amount Due to Seller: 52,93 7.13 200. Amounts Paid by or to Behalf of Buyer I 500 Reductions in Amount Due to Seller: 201. Deposit/Earnest Money 1,000.00J 501. Excess Deposit(see instructions) 202. Principal Amount of New Loan 502. Settlement Charges to Seller(Line I400) 6,466.55 203 Existing Loan(s) - 503. Existing Loan(s) - ._......__ . 204. 504. Payoff of First yMortgage 205. 505. Payoff of Second Mortgage 206. 506. Purchase Money Mortgage. ..._ .. 207. _ T 507, Short Sale p/o of 1st nits to USDA to USDA 46,105.45 Short Sale p/o of 2nd mtg to Collier County 208. 508. to Collier County Board of County 101.05 Commissioners Adjustments for Items Unpaid by Seller en Unpaid _.__ _. _ _....._. _._._. � Adjustments for Items Unpaid by Seller 210. City/Town Taxes 510. City/Town Taxes County/Parish Taxes Jan 1,2013 thin Jul 9, County/Parish Taxes Jan 1,2013 thin Jul 9, 21.1. 2013 264.08; 511. 2013 y 264.08 212. Assessments 512, Assessments 213 Garbage 513. Garbage 214. Stonnwater 514. Stonnwater 215 CCC, Lot Mowing 515, CCC-Lot Mowing _____ 516. 217. 517. 220. Total Paid by/for Buyer 1 264 08 i 5.A. 'Total Reductions in Amount Due Seller 52 937.13 300. Cash at Settlement front/to Buyer: 600 Cash at Settlement to l from Seller: 301. Gross Amount due from Buyer(line 120) 54,036.07 601. Gross Amount due to Seller(line 420) 52,937.13 Less Reductions Amount due Seller(line 302. less Amount Paid by/for Buyer(line 220) 1,264.08 602. 52(1) 52,937.13 303. Cash From Buyer: $52,771.99 603. Cash From Seller: $0.00 HUD-1 May 2007 July 8,2013 1:21 PM Settlement Date:July 10,2013 File Nurrber:CC 13-1432 L. SettlementChar es_ __........_. _ ..� .......__.... _ ........-_. . ___.__....__...__.__ 700. Total Sales 1 Broker's Commission. from__T Paid .._. Paid from Paid from Based on Price 552,900.00 (ay 6.00% - $3,174.00 Buyer's I Seller's Division of Commission as follows Funds at Funds at 701. 3,1T1.00 to David C.Brown Reams Inc " -'° - Settlement Settlement 702. __._.._.....___._._......._--. 703 Commission Paid at Settlement 704 - _ ..3,174.00 . _-.....- _..._ 705. -__._... -__.... 800. Items I a able in Connection with Loan: 801. Loan Origination Fee _ _._-_. .... _ -......- ........-....._.. - 8. .-_......-_......_-_.. 802. Loan Discount - - 803. Appraisal Fee -_...._.-_ !_ .-.......... - ._._T....... 804. Credit Report - .._. -__.. 805 Lender's Inspection Fee 806 Mortgage Insurance Application Fee ---- 807 _ - .._........ Assumption 1 ec - 808. _.___ .___....-_ ... 809. -.._..__ .. .._.._ 10. 811. -.......... - .......... 900 Items Required by I ender to be Paid in Advance -` 901 Daily interest charge from Jul 10 2013 -' 902 Mortgage-Insurance Premium - - - _l.-_-_..__. 903. Hazard Insurance Premium 904. Flood Insurance Premiutn -___.._.___....___..._-._.....-_ ....... .__._ 905. 1000. Reserves Deposited with Lender: 1 r ns -_._......- ._..-_...__... -- ... 1001. Hazard Insurance 1002. Mortgage Insurance 1003 City Property Taxes - ._t........... -..........._.. 1004,-County Property Taxes 1005. Annual Assessments 1006. 11.00.. Title Charges: ...-_.__.... 1 1.01. Settlement or Closing Fee to BEST Title Solutions,Inc. 150.00 5 550.00 .. . �...... 1 102. Abstract or Title Search to BEST Title Solutions,Inc. 125.00 1103. ' nation ; Title Examination _ .. _......._.-__...-_..- --.....__..� 1104. Title Insurance Binder _.. 1 105 Document Preparation _._..� 1106 Nota_g Fees 1107. Attorney Fees (includes above item numbers: 1 108. Title Insurance to BEST Title Solutions,Inc. 104.18 (includes above item numbers: 1109. Lender's 0.00 Coverage u10 Owner's 0.00 Coverage . _ _. __....-_._.. .1. 1 I 1 1 Scanning/StorageRelease Fee to BEST Title Solutions,Inc. t S.7S 1 8.75 11 I2. CourrodShipping/Handling Fee 25.00 - 50.00 1113. W ireiHandling Fee to BEST Title Solutions,Inc. 25.00 1114, 1115. 1200. Government Recording and Transfer Charges: 1201 Recording Fees: Deed 18.50 Mortgage 0.00 Releases 10.00, 28.50 1202 City/County Tax/Stamps Deed 0.00 Mortgage _ 0.00 i 1203 State Tax/Stampsi.._ Deed 370.30 Mortgage 0.00 370.30 1204. Intangible Tax to Clerk of the Circuit Court ___ 1205. to Clerk of the Circuit Court 1206. 1207. 1300.Additional Settlement Charges:_ • J 301. Survey -.......__. 1302. Pest Ins ction - 1303 2012 Eli Taxes paid to Collier Co.Tax Collector(poc$672.59 y Seller) 1304 Association dues owed to Jubilation Community Association,Inc. 1,874.32 1305. Estoppel fee to BCII Group Management 150.00 1306. Estoppel fee to Jubilation Community.Association,Inc.(poc$175.00 by Broker _ 1307. Association fee for July to Augustin'Dalusma and Odette Dalusma 153.00 1400. Total Settlement Charges(Enter on line 103,Section J and line 502,Section K) $550.25; 86,466.55 HUD-1 May 2007 July 8,2013 1-21 PM Settlement Date:July 10,2013 File Number CC13-1432 A. U.S.DEPARTMENT OF ROUSING AND URBAN DEVELOPiv1EN"i' SETTLEMENT STATEMENT BEST Title Solutions,Inc. 1205 Cape Coral Parkway Cape Coral,Florida 33904 (239)541.3388 fax:(239)541-3387 I have carefully reviewed the HUD-I Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction, I further certify that I have received a copy of HUD-1 Settlement Statement Buyer: 2.Nl C YG Z. . j..7.._.}' Seller Y....__. Augustin Dalusrna Jose Nieves Ramirez Buyer: --_........_ ...._.._..._..._..._.._..._.._..._......__..—._..._._._�_.._._ e '44.11.1_ 1-6- ! i.Z. Rfkette Dalusma Maria J.Mendoza-Ramirez the HUD-I Settlement Statement which t have prepared is a true and accurate account of this transaction, I have caused or will cause the thuds to be disbursed in accordance with this statement. Settlement Agent `........_ ,r,t/2..,I '�vyL r�a2�. 1 Date: July 10,2013 Barbara O'Connell WARNING: It is u crime to knowingly make false statements to the United States on this or any other similar form.Penalties epos conviction can include a fine or imprisonment. For details see:Title 18 U.S.Code Section 1001 and Section 1010. • • Ht./D-1 May 2007 June 18,2013 3:41 PM Strtarard awieJul TO,203 Fir NC .d;..2 U. DEPASIM ME,NT O riOr'SINO AN tIth ISEVELUPNIF,,,ST. SEM.ISMINT STAILMEN1 BEST Title Solutions,I Caps Oral l'axitIvoy Capt•COrlt,Florida 3:19D4 ;13P,M4i-1313 Sas(2.79)50,,MIS7 I has...Mk tr.issal*Sit,.11 Sodas.SIAM.=du,as losse or*arsseloars ond airy.;kir art da swat.*alai at 21 roars ad drstorrarats. y •.1.,,7—,..,,,,.traays.-trce,I faar arify da!ao.a:e.t.d.ropy or it...1:s.1 Sada*M.o., ?„Ps 4•■(..Ver.Z.IZA e ?„ Sou Vass Rasa Madsrall ammo 11..NOUrd Mser-ora Saar*rsidsh are mcpsad s are ad mamas of,bit tr-itt=i<41 assra or oaoer*jaw es.rx draoast to sarsedato watts.sasearat , SaPaoss Alias rave hyle ED.2a,a amass(Moan TI . VII WPM...int;sax Sae sracar. duo tIosba Masa a ass or ay,°Ma smart..Pastas osas aroaros ode ero.ods s Sas es Lzioisocassct rex tiroils tot T,St IUS.Cost Stttito'itill tst statist 1011 MULle I Moy 2tra :rat 13 24'3 Ill PM 791 33222.1 06/05/2013 500.00- SHORT SALE-CAMACHO,JESSICA #13-7206 100616073 SHORT SALE 791 33222.1 06/1112013 500.00- SHORT SALE-WILLIAMS,CORIE FILE#09-057 100618735 SHIP SHORT SALE#09-057 791 33258.1 369603 07110/2013 1,469.70- SHORT SALE-AISLING SWIFT#05-077 100623881 SHORT SALE&SHIP 791 33258.1 07112/2013 500.00- SHORT SALE-NIEVES&MENDOZA FILE#03-229 100624355 '.SHIP SHORT SALE Patricia L. Morgan From: BrockMaryJo <MaryJoBrock @colliergov.net> Sent: Friday, July 26, 2013 8:23 AM To: Markiewicz, Joanne; McKuenElly;Alonso, Halley; Grant, Kimberley;Thomas,Joshua; BelpedioJennifer; Carnell, Steve; Stanley, Therese; FinnEd; Lehnhard, Pat; Minutes and Records Subject: Item approved in BCC absence Attachments: 1d9d666c-589e-4cfe-9328-14dbabflfef0.doc Good morning,The attached item was approved by Leo in the Board's absence and will be included under Item 16F1 on the September 10 meeting agenda. Thanks, MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 please consider the environment before printing this email Lander Honda L.aw,e-mail addresses are public records.It you do not want your e-mail address released in response to a public records request.do not send electronic mail to this entity.instead.contact this office by telephone or in writing. 1 COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve a grant agreement between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program, for the Homeless Information Management System (HMIS) Project in the amount of$99,662, in order for HUD to begin the transfer of the grant to Catholic Charities. Meeting Date: 7/23/2013 Prepared By Name: McKuenElly Title: Grant Support Specialist, Housing, Human&Veteran 7/22/2013 3:33:14 PM Submitted by Title: Grant Support Specialist, Housing,Human&Veteran Name: McKuenElly 7/22/2013 3:33:16 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 3:38:52 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 7/22/2013 3:49:25 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 3:56:00 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 7/22/2013 5:08:46 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:42:14 PM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:33:46 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:10:31 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/24/2013 9:31:10 AM Name: OchsLeo Title: County Manager Date: 7/25/2013 4:37:50 PM EXECUTIVE SUMMARY Recommendation to approve a grant agreement between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program, for the Homeless Information Management System (HMIS) Project in the amount of$99,662,in order for HUD to begin the transfer of the grant to Catholic Charities. OBJECTIVE: To accept a contract from HUD for the CoC HMIS. CONSIDERATIONS: Collier County was the CoC HMIS lead agency since 2006. New Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act regulations, give the local Continuum of Care(CoC)Committee the sole discretion to appoint the HMIS Lead Agency. At the December 6,2012 CoC Committee meeting, the members voted to recommend a transfer of HMIS Lead Agency from Collier County Housing, Human and Veteran Services (HHVS) to Catholic Charities of Collier County, Diocese of Venice. HHVS sent notification to HUD of the relinquishment of HMIS Lead Agency duties on December 12, 2012. HUD has accepted the County's request and has been working with HHVS to transfer the grant. Since the designation of lead agency changed during the middle of the grant year, HUD instructed the HHVS office that Collier County needed to apply for the upcoming renewal cycle. On January 8, 2013, Agenda Item 16.D.5, the Board of County Commissioners approved the electronic grant submittal for the FY2012 CoC HMIS grant renewal on behalf of Catholic Charities. HUD guidance at that time indicated that depending on the timing of the award, HHVS staff may need to request Board acceptance of the funding. On July 3, 2013 HUD notified the HHVS office that the Board will need to accept the contract for the renewal funding for FY2012. Once the fully executed agreement is sent back to HUD, its office will prepare a termination agreement between Collier County and HUD. The termination agreement will be brought to the Board for consideration at a later date. The termination agreement will sever ties to Collier County for the CoC HMIS grant and HUD will contract directly with Catholic Charities. The acceptance of this agreement and subsequent termination contract, at a later date, will allow the continuation of the HMIS program to support County citizens and will not have any negative impact on the public. This is merely an administrative action. HHVS supports this action and supports the growth of the CoC. The HMIS transfer from Collier County to Catholic Charities took place on April 30,2013 when the current grant expired. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: No budget amendment is necessary to recognize revenue as funds will not be managed by HHVS. The action to execute the award is administrative in nature to allow for HUD to develop a termination agreement to be brought forward at a later date. The funding of $99,662 will continue to benefit Collier County under another lead agency. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board Action.—JAB GROWTH MANAGEMENT IMPACT: This application is consistent with the Growth Management Plan. RECOMMENDATION: To approve a grant agreement between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program, for the Homeless Information Management System (HMIS) Project in the amount of$99,662, in order for HUD to begin the transfer of the grant to Catholic Charities. Prepared By: Elly Soto McKuen,Operations Analyst;Housing,Human and Veteran Services COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to approve a grant agreement between Collier County and the U.S. Department of Housing and Urban Development(HUD)for the 2012 Continuum of Care (CoC) Homeless Assistance Grant Program,for the Homeless Information Management System (HMIS) Project in the amount of$99,662, in order for HUD to begin the transfer of the grant to Catholic Charities. Meeting Date: 7/23/2013 Prepared By Name: McKuenElly Title: Grant Support Specialist,Housing,Human&Veteran 7/22/2013 3:33:14 PM Submitted by Title: Grant Support Specialist,Housing,Human&Veteran Name: McKuenElly 7/22/2013 3:33:16 PM Approved By Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 3:38:52 PM Name: GrantKimberley Title: Interim Director,HHVS Date: 7/22/2013 3:49:25 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 7/22/2013 3:56:00 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 7/22/2013 5:08:46 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:42:14 PM Name: KlatzkowJeff Title: County Attorney Date: 7/23/2013 1:33:46 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 7/23/2013 3:10:31 PM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 7/24/2013 9:31:10 AM Name: OchsLeo Title: County Manager Date: 7/25/2013 4:37:50 PM U.S. Department of Housing and Urban Development 111011 `_. ()Mice of Community Planning and Development 909 SE First Avenue k , 01 Miami,FL 33131 Tax ID No.: 59-6000558 Project Location: Naples Florida Grant Number: FL0294L4D061204 Effective Date: 07/03/13 DUNS No.: 076997790 2012. CONTINUUM OF CARE PROGRAM GRANT AGREEMENT This Grant Agreement("this Agreement") is made by and between the United States Department of Housing and Urban.Development("HUD") and Collier County Board of County Commissioners(the"Recipient"). This Agreement is governed by title IV of the McKinney-Vento I lomeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act")and the Continuum of Care Program regulation (the "Regulation"). The terms "Grant" or"Grant Funds"mean the funds that are provided under this Agreement. The term"Application"means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Regulation. The Application is incorporated herein as part of this Agreement, except that only the project listed, and only in the amount listed on the Scope of Work, is funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Exhibit 1, the FY2012 Scope of Work, is attached hereto and made a part hereof. If appropriations are available for Continuum of Care grants; and if Recipient applies under a Notice of Funds Availability published by HUD; and, if pursuant to the selection criteria in the Notice of Funds Availability, HUD selects Recipient and the project for renewal,then additional exhibits may be attached to this Agreement. Those additional exhibits, when attached, will also become a part hereof. The effective date of the Agreement shall be the date of execution by HUD and it is the date use of funds under this Agreement may begin. If the project funded by this Agreement is a new project,Recipient and HUD will set an operating start date in LOCCS for the project,which will be used to track expenditures and to determine when the project is eligible for renewal. If this Agreement renews funding for a project, the term of this Agreement shall begin at the end of the Recipient's final operating year for the grant being renewed, and eligible costs incurred for the project between the end of Recipient's final operating year under the grant being renewed and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. This Agreement shall remain in effect until termination either 1) by agreement of the parties; 2)by HUD alone, acting under the authority of 24 CFR 578.107; or 3) upon expiration of the final operating year of the project funded under this Agreement. www.hud.go\ espanol.hud.gov Page 101 Recipient agrees: 1. To ensure the operation of the project listed on the Scope of Work in accordance with the provisions of the Act and all requirements of the Regulation; 2. To monitor and report the progress of the project to the Continuum of Care and HUD; 3. To ensure,to the maximum extent practicable, that individuals and families experiencing homelessness are involved,through employment, provision of volunteer services, or otherwise, in constructing, rehabilitating,maintaining, and operating facilities for the project and in providing supportive services for the project; 4. To require certification from any subrecipient that: a. Subrecipient will maintain the confidentiality of records pertaining to any individual or family that was provided family violence prevention or treatment services through the project; b. The address or location of any family violence project assisted with grant funds will not be made public, except with written authorization of the person responsible for the operation of such project; c. Subrecipient will establish policies and practices that are consistent with,and do not restrict,the exercise of rights provided by subtitle B of title VII of the Act and other laws relating to the provision of educational and related services to individuals and families experiencing homelessness; d. In the case of a project that provides housing or services to families, that subrecipient will designate a staff person to be responsible for ensuring that children being served in the program are enrolled in school and connected to appropriate services in the community, including early childhood programs such as Head Start,part C of the Individuals with Disabilities Education Act,and programs authorized under subtitle B of title VII of the Act; e. The subrecipient, it officers, and employees are not debarred or suspended from doing business with the Federal Government; and f. Subrecipient will provide information, such as data and reports, as required by HUD; and 5. To establish such fiscal control and accounting procedures as may be necessary to assure the proper disbursal of and accounting for grant funds in order to ensure that all financial transactions are conducted, and records maintained in accordance with generally accepted accounting principles, if the Recipient is a Unified Funding Agency; 6. To monitor subrecipient match and report on match to HUD; 7. To take the educational needs of children into account when families are placed in housing and will, to the maximum extent practicable,place families with children as close as possible to their school of origin so as not to disrupt such children's education; 8. To monitor subrecipient at least annually; 9. To use the centralized or coordinated assessment system established by the Continuum of Care as required by §578.7(a)(8). A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system,provided that victim service providers in the area use a centralized or coordinated assessment system that meets HUD's minimum requirements and the victim service provider uses that system instead; 10. To follow the written standards for providing Continuum of Care assistance developed by the Continuum of Care, including the minimum requirements set forth in §578.7(a)(9); www.hud.gov espanol.hud.gov Page 102 il. Enter into a subrecipient agreement requirisubrecipient to operate the project bz accordance with the provisions of this Act and all requirements under 24 CFR 578; and 12. To comply with such other terms and conditions as HIJD may have established in the applicable Not uo of Funds Availability. HUD notifications to the Reci 'cutsbaJlhntofbe8ddceuyoF{bcRocipicnt48St8tedinthc Application, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the FIUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Reci ieoL By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: (// (Signature) Ann D. Chavis, Director _ (Typed Name and Title) 4-7/3 ////e.2) (Date) RECIPIENT Collier County Board of County Commissioners (Name` ' Approved as to form and legality By: .,�_^ s~ As tant County -_� ^my (�iAu�tun:uf}\mtb0d��(]f�ciu\\ ��T��T: Qe�iuA �ll�, Chuir�mm� Com� 0o�OfC� mix�[�� , ��^ �L[� (Typed l�oozcand Title of/�uChodzed ()ffioiu|) ' ' ~ (Date) CID Tax ID Number: 59-6000558 Project Location: Naples Florida Grant Number: FL0294L4D061204 Effective Date: 07/03/13 DUNS Number: 076997790 EXHIBIT 1 SCOPE OF WORK for FY2012 COMPETITION 1. This Agreement is governed by the Continuum of Care program Interim Rule attached hereto and made a part hereof as Exhibit la. Upon publication for effect of a Final Rule for the Continuum of Care program, the Final Rule will govern this Agreement instead of the Interim Rule. The project listed on this Exhibit at 3., below, is also subject to the terms of the FY2012 Notice of Funds Availability. 2. The Continuum that designated Recipient to apply for grant funds is not a high-performing community. 3. Recipient is not a Unified Funding Agency and was not the only Applicant the Continuum of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $99,662 for project number FL0294L4D061204. In accordance with 24 CFR 578.105(b),Recipient is prohibited from moving more than 10% from one budget line item in a project's approved budget to another without a written amendment to this Agreement. The obligation for this project shall be allocated as follows: a. CoC Planning cost $0 b. Acquisition $0 c. New construction $ 0 d. Rehabilitation $0 e. Leasing $ 0 f. Rental assistance $ 0 g. Supportive services $0 h. Operating costs $ 0 i. HMIS $99,662 j. Administration $0 4. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. www.hud.gov espanol.hud.gov Page 104 o J ��` ` SCA C. LITT`RA�eO�'I .� t10A "9 MNFT it O d , f 0 � J ,� i a V I9 r85 O FEDERAL REGISTER Vol. 77 Tuesday, No. 147 July 31, 2012 Part fi Department of Housing and Urban Development 24 CFR Part 578 Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program; Interim Final Rule 45422 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations DEPARTMENT OF HOUSING AND docket number and title.There are two Federal Relay Service at 800-877-8339 URBAN DEVELOPMENT methods for submitting public (this is a toll-free number). comments.All submissions must refer SUPPLEMENTARY INFORMATION: 24 CFR Part 578 to the above docket number and title. [Docket No.FR-5476-I-0t) 1,Submission of Comments by Mail. Executive Summary Comments may be submitted by mail to Purpose of and Legal Authority for This RIN 2506-AC29 the Regulations Division,Office of Interim Rule General Counsel,Department of Homeless Emergency Assistance and Housing and Urban Development,451 This interim rule implements the Rapid Transition to Housing: 7th Street SW.,Room 10276, Continuum of Care program authorized Continuum of Care Program Washington,DC 20410-0500. by the Homeless Emergency Assistance AGENCY:Office of the Assistant 2.Electronic Submission of and Rapid Transition to Housing Act of Secretary for Community Planning and Comments.Interested persons may 2009(HEARTH Act). Section 1504 of Py y g submit comments electronically through ostab HEARTH act di ctstHUB to Development,HUD. ACTION:Interim rule. the Federal eRulemaking Portal at regulations program. www.regulations.gov.HUD strongly {See 42 U.S.C. 11301.)The purpose of SUMMARY:The Homeless Emergency encourages commenters to submit the Continuum of Care program is to Assistance and Rapid Transition to comments electronically.Electronic promote communitywide commitment Housing Act of 2009(HEARTH Act), submission of comments allows the to the goal of ending homelessness; enacted into law on May 20,2009, commenter maximum time to prepare provide funding for efforts by nonprofit consolidates three of the separate and submit a comment,ensures timely providers,and State and local homeless assistance programs receipt by HUD,and enables HUD to governments to quickly rehouse administered by HUD under the make them immediately available to the homeless individuals and families while McKinney-Vento Homeless Assistance public.Comments submitted minimizing the trauma and dislocation Act into a single grant program,and electronically through the caused to homeless individuals, revises the Emergency Shelter Grants www.regulations.gov Web site can be families,and communities by program and renames it the Emergency viewed by other commenters and homelessness;promote access to and Solutions Grants program,The HEARTH interested members of the public. effective utilization of mainstream Act also codifies in law the Continuum Commenters should follow the programs by homeless individuals and of Care planning process,a longstanding instructions provided on that site to families;and optimize self-sufficiency part of HUD's application process to submit comments electronically, among individuals and families experiencing homelessness. assist homeless persons by providing Note: To receive consideration as public The HEARTH Act streamlines HUD's greater coordination in responding to comments,comments must be submitted homeless grant programs by their needs.The HEARTH Act also through one of the two methods specified consolidating the Supportive Housing, directs HUD to promulgate regulations above.Again,all submissions must refer to Shelter Plus Care,and Single Room for these new programs and processes. the docket number and title of the rule, This interim rule focuses on No Facsimile Comments.Facsimile Occupancy grant programs into one grant program:The Continuum of Care regulatory implementation of the (FAX) comments are not acceptable. program.Local continuums of care, Continuum of Care program,including Public Inspection of Public which are community-based homeless the Continuum of Care planning Comments.All properly submitted assistance program planning networks, process.The existing homeless comments and communications will apply for Continuum of Care grants. assistance programs that comprise the submitted to HUD will be available for By consolidating homeless assistance Continuum of Care program are the public inspection and copying between grant programs and creating the following:the Supportive Housing 8 a.m. and 5 p.m.weekdays at the above Continuum of Care planning process, program,the Shelter Plus Care program, address.Due to security measures at the the HEARTH Act intended to increase and the Moderate Rehabilitation/Single HUD Headquarters building,an advance the efficiency and effectiveness of Room Occupancy(SRO)program.This appointment to review the public coordinated,community-based systems rule establishes the regulations for the comments must be scheduled by calling that provide housing and services to the Continuum of Care program,and, the Regulations Division at 202-708- homeless.Through this interim final through the establishment of such 3055 (this is not a toll-free number). rule,HUD will implement the regulations,the funding made available Individuals with speech or hearing Continuum of Care program by for the Continuum of Care program in impairments may access this number establishing the framework for the statute appropriating Fiscal Year through TTY by calling the Federal establishing a local continuum of care (FY)2012 funding for HUD can more Relay Service at 800-877-8339.Copies and the process for applying for quickly be disbursed,consistent with of all comments submitted are available Continuum of Care grants. the HEARTH Act requirements,and for inspection and downloading at avoid any disruption in current www.regulations.gov. Summary of Major Provisions Continuum of Care activities, FOR FURTHER INFORMATION CONTACT:Ann The major provisions of this DATES:Effective Date:August 30,2012. Marie Oliva,Director,Office of Special rulemaking relate to how to establish Comment Due Date.October 1,2012. Needs Assistance Programs,Office of and operate a Continuum of Care,how ADDRESSES:Interested persons are Community Planning and Development, to apply for funds under the program, invited to submit comments regarding Department of Housing and Urban and how to use the funds for projects this rule to the Regulations Division, Development,451 7th Street SW., approved by HUD,These provisions are Office of General Counsel,451 7th Washington,DC 20410-7000;telephone summarized below. Street SW.,Room 10276,Department of number 202-708-4300(this is not a toll- 1. General Provisions(Subpart A): Housing and Urban Development, free number).Hearing-and speech- The Continuum of Care program Washington,DC 20410-0500. impaired persons may access this includes transitional housing, Communications must refer to the above number through TTY by calling the permanent supportive housing for Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45423 disabled persons,permanent housing, by statute,HUD has developed a and suitable dwelling size,assessing supportive services,and Homeless formula for determining award amounts supportive services on an ongoing basis, Management Information Systems that includes the following factors:A initiating and completing approved (HMIS),To implement the program, Continuum's Preliminary Pro Rata Need activities and projects within certain HUD had to define several key terms.In (PPRN)amount;renewal demand;any timelines,and providing a formal particular,HUD distinguishes between additional increases in amounts for process for termination of assistance to "Continuum of Care,""applicant,"and leasing,rental assistance,and operating participants who violate program "collaborative applicant."A costs based on Fair Market Rents, requirements or conditions of "Continuum of Care"is a geographically planning and Unified Funding Agency occupancy. based group of representatives that cost funds,and amounts available for 7. Grant Administration(Subpart G): carries out the planning responsibilities bonus dollars.HUD has established To effectively administer the grants, of the Continuum of Care program,as selection criteria for determining which HUD will provide technical assistance set out in this regulation.These applications will receive funding under to those who apply for Continuum of representatives come from organizations the Continuum of Care program. Care funds,as well as those who are that provide services to the homeless,or Recipients awarded Continuum of Care selected for Continuum of Care funds. represent the interests of the homeless funds must satisfy several conditions After having been selected for funding, or formerly homeless.A Continuum of prior to executing their grant grant recipients must satisfy certain Care then designates certain agreements.All grants submitted for recordkeeping requirements so that "applicants"as the entities responsible renewal must also submit an annual HUD can assess compliance with the for carrying out the projects that the performance report.For those program requirements.For any Continuum has identified through its applicants not awarded funding,the amendments to grants after the funds planning responsibilities.A process also provides an appeals have been awarded,HUD has "Continuum of Care"also designates process. established a separate amendment one particular applicant to be a 4.Program Components and Eligible procedure.As appropriate,HUD has "collaborative applicant."The Costs(Subpart D):Continuum of Care also established sanctions to strengthen collaborative applicant is the only entity funds may be used for projects under its enforcement procedures. that can apply for a grant from HUD on five program components:Permanent Benefits and Costs behalf of the Continuum that the housing,transitional housing, collaborative applicant represents. supportive services only,HMIS,and,in This interim rule is intended to help 2.Establishing and Operating a some limited cases,homelessness respond to and work toward the goal of Continuum of Care(Subpart B):In order prevention.The rule further clarifies eliminating homelessness.This interim to be eligible for funds under the how the following activities are rule provides greater clarity and Continuum of Care program, considered eligible costs under the guidance about planning and representatives from relevant Continuum ofCare program:Continuum performance review to the more than organizations within a geographic area of Care planning activities,Unified 430 existing Continuums of Care that must establish a Continuum of Care. Funding Agency costs,acquisition, span all 50 states and 6 United States The three major duties of a Continuum rehabilitation,new construction, territories.As reported in HUD's Annual of Care are to: (1)Operate the leasing,rental assistance,supportive Homelessness Assessment Report to Continuum of Care,(2)designate an services,operating costs,HMIS,project Congress,there were approximately 1.59 HMIS for the Continuum of Care,and administrative costs,relocation costs, million homeless persons who entered (3)plan for the Continuum of Care.HUD and indirect costs. emergency shelters or transitional has delineated certain operational 5.High-Performing Communities housing in FY 2010.HUD serves requirements of each Continuum to help (Subpart E):HUD will annually,subject roughly half that many persons,nearly measure a Continuum's overall to the availability of appropriate data, 800,000 annually,through its three performance at reducing homelessness, select those Continuums of Care that programs that will be consolidated into in addition to tracking of performance best meet application requirements to be the Continuum of Care program under on a project-by-project basis.In designated a high-performing the McKinney-Vento Act as amended by addition,each Continuum is responsible community(HPC).An HPC may use the HEARTH Act(i.e.,Shelter Plus Care, for establishing and operating a grant funds to provide housing Supportive Housing Program,Single centralized or coordinated assessment relocation and stabilization services, Room Occupancy).The changes system that will provide a and short-and/or medium-term rental initiated by this interim rule will comprehensive assessment of the needs assistance to individuals and families at encourage Continuums of Care to of individuals and families for housing risk of homelessness.This is the only establish formal policies and review and services.HUD has also defined the time that Continuum of Care funds may procedures,including evaluation of the minimum planning requirements for a be used to serve individuals and effectiveness of their projects,by Continuum so that it coordinates and families at risk of homelessness. emphasizing performance measurement implements a system that meets the 6.Program Requirements(Subpart F): and developing performance targets for needs of the homeless population All recipients of Continuum of Care homeless populations.HUD is confident within its geographic area.Continuums funding must comply with the program that this systematic review by are also responsible for preparing and regulations and the requirements of the Continuums of Care will lead to better overseeing an application for funds. Notice of Funding Availability that HUD use of limited resources and more Continuums will have to establish the will issue each year.Notably,the efficient service models,with the end funding priorities for its geographic area HEARTH Act requires that all eligible result of preventing and ending when submitting an application. funding costs,except leasing,must be homelessness. 3.Application and Grant Award matched with no less than 25 percent The Consolidated and Further Process(Subpart C):The Continuum of cash or in-kind match by the Continuing Appropriations Act,2012 Care grant award process begins with a Continuum.Other program (Pub.L. 112-55)appropriated determination of a Continuum's requirements of recipients include: $1,593,000,000 for the Continuum of maximum award amount,As directed Abiding by housing quality standards Care and Rural Housing Stability 45424 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations Assistance programs.Upon publication established the program requirements II.Overview of Interim Rule of this rule,those FY 2012 funds will be for the Emergency Solutions Grants As amended by the HEARTH Act, available for distribution,as governed program and contained corresponding Subpart C of the McKinney-Vento by these Continuum of Care regulations. amendments to the Consolidated Plan Homeless Assistance Act establishes the I.Background—HEARTH Act regulations.On December 9,2011,HUD Continuum of Care program.The continued the process to implement the purpose of the program is to promote On May 20,2009,the President HEARTH Act,with the publication of communitywide commitment to the signed into law"An Act to Prevent the proposed rule titled"Homeless goal of ending homelessness;provide Mortgage Foreclosures and Enhance Management Information Systems funding for efforts by nonprofit Mortgage Credit Availability,"which Requirements"(76 FR 76917),which providers,and State and local became Public Law 111-22.This law provides for uniform technical governments to quickly rehouse implements a variety of measures requirements for Homeless Management homeless individuals and families while directed toward keeping individuals Information Systems (HMIS),for proper minimizing the trauma and dislocation and families from losing their homes. Division B of this law is the HEARTH data collection and maintenance of the caused to homeless individuals, Act,which consolidates and amends database,and ensures the families,and communities by three separate homeless assistance confidentiality of the information in the homelessness;promote access to and programs carried out under title IV of database.Today's publication of the effective utilization of mainstream the McKinney-Vento Homeless interim rule for the Continuum of Care programs by homeless individuals and continues HUD's families;and optimize self-sufficiency Assistance Act(42 U.S.C.11371 et seq.) program amon individuals and families (McKinney-Vento Act)into a single implementation of the HEARTH Act. among individuals homelessness. als and families grant program that is designed to This rule establishes the regulatory This interim rule establishes the improve administrative efficiency and framework for the Continuum of Care Continuum of Care as the planning body enhance response coordination and program and the Continuum of Care responsible for meeting the goals of the effectiveness in addressing the needs of planning process,including Continuum of Care program, homeless persons.The HEARTH Act requirements applicable to the Additionally,in order to meet the codifies in law and enhances the establishment of a Continuum of Care. purpose of the HEARTH Act, Continuum of Care planning process, Prior to the amendment of the established in section 1002(b),and the the coordinated response to addressing McKinney-Vento Act by the HEARTH goals of"Opening Doors:Federal the needs of the homeless,which was Act,HUD's competitively awarded Strategic Plan to Prevent and End established administratively by HUD in homeless assistance grant funds were Homelessness,"the Continuum of Care 1995.The single Continuum of Care awarded to organizations that must be involved in the coordination of Act con established foby llowing the ngARTH participate in local homeless assistance other funding streams and resources— programs::The Supportive the following ro ram planning networks referred to federal,local,or private—of targeted programs:The Supportive Housing P g P g program,the Shelter Plus Care program, as a Continuum of Care,a system homeless programs and other and the Moderate Rehabilitation/Single administratively established by HUD in mainstream resources.In many Room Occupancy program.The 1995.A Continuum of Care is designed communities,the Continuum of Care is Emergency Shelter Grants program is to address the critical problem of the coordinating body,while in other renamed the Emergency Solutions homelessness through a coordinated communities it is a local Interagency Grants program and is revised to community-based process of identifying Council on Homelessness(both would broaden existing emergency shelter and needs and building a system of housing be acceptable forms of coordination homelessness prevention activities and and services to address those needs.The under this interim rule).As noted to add short-and medium-term rental approach is predicated on the earlier,HUD published on December 9, assistance and services to rapidly understanding that homelessness is not 2011,a proposed rule to establish HMIS rehouse homeless people.The HEARTH caused merely by a lack of shelter,but regulations in accordance with the Act also creates the Rural Housing involves a variety of underlying,unmet HEARTH Act.However,while the Stability program to replace the Rural needs—physical,economic,and social. HEARTH Act directed that regulations Homelessness Grant program. The HEARTH Act not only codified in be established for HMIS,HMIS is not HUD commenced the process to to many HUD grantees.Until implement the HEARTH Act with law the planning system known as regulations for HMIS are promulgated in definition ng that focused on the Continuum of Care,but consolidated the final,grantees should continue to follow definition of"homeless."HUD three existing competitive homeless HUD's existing HMIS instructions and published a proposed rule,entitled assistance grant programs(Supportive guidance. "Defining Homeless"on April 20,2010 Housing,Shelter Plus Care,and Single The following provides an overview (75 FR 20541),which was followed by Room Occupancy)into the single grant of the proposed rule. a final rule that was published on program known as the Continuum of General Provisions(Subpart A) December 5,2011(76 FR 75994).The Care program.The consolidation of the p Defining Homeless rule clarified and three existing homeless assistance Purpose and scope.The Continuum of elaborated upon the new McKinney- programs into the Continuum of Care Care program is designed to promote Vento Act definitions for"homeless" grant program and the codification in community-wide goals to end and"homeless individual with a law of the Continuum of Care planning homelessness;provide funding to disability."In addition,the Defining process are intended to increase the quickly rehouse homeless individuals Homeless rule included recordkeeping efficiency and effectiveness of the (including unaccompanied youth)and requirements related to the"homeless" coordination of the provision of housing families while minimizing trauma and definition.On December 5,2011,HUD and services to address the needs of the dislocation to those persons;promote also published an interim rule for the homeless.The regulations established access to,and effective utilization of, Emergency Solutions Grants program by this rule are directed to carrying out mainstream programs;and optimize (76 FR 75954).This interim rule this congressional intent. self-sufficiency among individuals and i Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45425 families experiencing homelessness. Continuum.HUD highlights that the Act organized to carry out the The program is composed of transitional does not contain different definitions for responsibilities required under this part housing,permanent supportive housing "applicant"and"collaborative and that is composed of representatives for disabled persons,permanent applicant."HUD distinguishes between of organizations including nonprofit housing,supportive services,and HMIS. the applicant(s) designated to apply for homeless providers,victim service Definitions.The interim rule adopts and carry out projects(the"applicant") providers,faith-based organizations, the definitions of"developmental and the collaborative applicant governments,businesses,advocates, disability,""homeless,""homeless designated to apply for a grant on behalf public housing agencies,school individual,"and"homeless person" of the Continuum of Care(the districts,social service providers, established by the December 5,2011 "collaborative applicant").Please see mental health agencies,hospitals, Defining Homeless final rule.Public below for more information on the universities,affordable housing comments have already been solicited definition of a collaborative applicant, developers,law enforcement, and additional public comment is not which is the only entity that may apply organizations that serve homeless and solicited through this rule.The for and receive Continuum of Care formerly homeless veterans,and December 5,2011,final rule was planning funds. homeless and formerly homeless preceded by an April 20,2010, Centralized or coordinated persons.These organizations consist of proposed rule,which sought public assessment system is defined to mean a the relevant parties in the geographic comment on these definitions.The final centralized or coordinated process area.Continuums are expected to definitions of these terms took into designed to coordinate program include representation to the extent that consideration the public comments participant intake,assessment,and the type of organization exists within received on the proposed definitions as provision of referrals.A centralized or the geographic area that the Continuum set out in the April 20,2010,proposed coordinated assessment system covers represents and is available to participate rule.This interim rule adopts the the geographic area,is easily accessed in the Continuum.For example,if a definition of"at risk of homelessness" by individuals and families seeking Continuum of Care did not have a established by the December 5,2011, housing or services,is well advertised, university within its geographic the Emergency Solutions Grants and includes a comprehensive and boundaries,then HUD would not expect program interim rule.The interim rule standardized assessment tool.This the Continuum to have representation sought public comment on this definition establishes basic minimum from a university within the definition,and additional public requirements for the Continuum's Continuum. comment is not being sought through centralized or coordinated assessment These organizations carry out the this rule. system. responsibilities and duties established HUD received valuable public Collaborative applicant is defined to under Subpart B of this interim rule. comment on the definition of mean an eligible applicant that has been The Continuum of Care,as noted above, "chronically homeless,"through the designated by the Continuum of Care to carries out the statutory duties and public comment process on the apply for a grant for Continuum of Care responsibilities of a collaborative Emergency Solutions Grants program planning funds on behalf of the applicant.HUD established the interim rule.Based on public comment, Continuum.As discussed above,the Continuum of Care in 1995.Local this rule for the Continuum of Care "applicant"is the entity(ies)designated grantees and stakeholders are familiar program is not adopting the full to apply for and carry out projects on with the Continuum of Care as the definition of"chronically homeless" behalf of the Continuum.In contrast to that was included in the conforming the definition of"applicant"above,the coordinating body for homeless services amendments to the Consolidated Plan collaborative applicant applies for a and homelessness prevention activities that were published as a part of the grant to carry out the planning activities across the geographic area. Emergency Solutions Grants program on behalf of the Continuum of Care.The .Consequently,HUD is maintaining the rule.Commenters raised concerns with interim rule simplifies the statutory Continuum of Care terminology,and the the meaning of the phrase"where each language in order to make the rule provides for the duties and homeless occasion was at least 15 Continuum of Care planning process responsibilities of a collaborative days."The concerns raised about this clear. applicant to be carried out under the phrase,used for the first time in a HUD highlights that its definition of name Continuum of Care. definition of"chronically homeless," collaborative applicant does not track High-performing community is has caused HUD to reconsider the statutory definition,which is found defined to mean the geographic area proceeding to apply a definition that in section 401 of the McKinney-Vento under the jurisdiction of a Continuum of includes this phrase,without further Act.As will be discussed in further Care that has been designated as a high- consideration and opportunity for detail later in this preamble,the concept performing community by HUD. Section comment.In this rule,HUD therefore of collaborative applicant,its duties and 424 of the McKinney-Vento Act amends the definition of"chronically functions,as provided in the statute,is provides that HUD shall designate,on homeless"in the Consolidated Plan provided for in this rule.However,HUD an annual basis,which collaborative regulations to strike this phrase.The uses the term Continuum of Care to refer applicants represent high-performing removal of this phrase returns the to the organizations that carry out the communities,Consistent with HUD's definition to one with which service duties and responsibilities assigned to substitution of the term"Continuum of providers are familiar.The following the collaborative applicant,with the Care"for"collaborative applicant,"the highlights key definitions used in the exception of applying to HUD for grant definition of"high-performing Continuum of Care program regulations, funds.The clarification is necessary in community"in this interim rule and HUD solicits comment on these this rule because Continuums of Care provides for designation of Continuums definitions. are not required to be legal entities,but of Care that represent geographic areas Applicant is defined to mean an HUD can enter into contractual designated as high-performing entity that has been designated by the agreements with legal entities only. communities.The standards for Continuum of Care as eligible to apply Continuum of Care and Continuum becoming a high-performing community for assistance on behalf of that are defined to mean the group that is can be found in§578.85 of this interim 45426 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations rule and will be discussed later in this Specific request for comment.HUD fewer persons,and provide low-demand preamble. specifically requests comment on services and referrals for the residents. Private nonprofit organization is requiring a lease for a term of at least . Subrecipient is defined to mean a based on the statutory definition for one year to be considered permanent private nonprofit organization,State or "private nonprofit organization."The housing. local government,or instrumentality of term"private nonprofit organization"is Project is consistent with the statutory a State or local government that receives defined in section 424 of the McKinney- definition of"project"in section 401 of a subgrant from the recipient to operate Vento Act as follows: "The term'private, the McKinney-Vento Act,but does not a project.The definition of nonprofit organization'means an track the statutory language.Section 401 "subrecipient"is consistent with the organization:'(A)No part of the net defines"project"as,with respect to definition of"project sponsor"found in earnings of which inures to the benefit activities carried out under subtitle C, section 401 of the McKinney-Vento Act, of any member,founder,contributor,or eligible activities described in section but does not track the statutory individual; (B)that has a voluntary 423(a),undertaken pursuant to a language,To be consistent with the board;(C)that has an accounting specific endeavor,such as serving a Emergency Solutions Grants program system,or has designated a fiscal agent particular population or providing a regulation,and also to ensure that the particular resource.In HUD's definition relationship between the recipient and in accordance with requirements established by the Secretary;and(D) of"project"in this interim rule,the subrecipient is clear,HUD is using the that practices nondiscrimination in the eligible activities described in section term subrecipient,instead of project provision of assistance.','In HUD's 423(a)of the McKinney-Vento Act have sponsor,throughout this regulation. regulatory definition of"private been identified.In the regulatory text, Transitional housing is based on the nonprofit organization,"HUD clarifies HUD has clarified that it is a group of definition of"transitional housing"in that the organization's accounting one or more of these eligible costs that section 401 of the McKinney-Vento Act, system must be functioning and are identified as a project in an as follows: "The term'transitional operated in accordance with generally application to HUD for Continuum of housing'means housing,the purpose of accepted accounting principles.HUD Care funds. which is to facilitate the movement of has included this language to make Recipient is defined to mean an individuals and families experiencing certain that accounting systems are applicant that signs a grant agreement homelessness to permanent housing workable and abide by definite,accurate with HUD.HUD's definition of within 24 months or such longer period standards.As reflected in the statutory "recipient"is consistent with the as the Secretary determines necessary," definition of"private nonprofit statutory definition of"recipient,"but The definition has been expanded to organization,"efi inf HUD may nonprofit does not track the statutory language. distinguish this type of housing from ga t for the designation of a Section 424 of the McKinney-Vento Act emergency shelter.This distinction is requirements agent.HUD has esignation that defines"recipient"as"an eligible entity necessitated by the McKinney-Vento the fiscal agent,such as a Unified who—(A)submits an application for a Act's explicit distinction between what Funding Agency, a term that is also grant under section 422 that is approved activities can or cannot be funded under defined in Agency, term of the McKinney- by the Secretary;(B)receives the grant the Continuum of Care program.The de n Act,must maintain of a functioning directly from the Secretary to support regulatory definition clarifies that,to be accounting system m for the organization f functioning approved projects described in the transitional housing,program in accordance with generally accepted sponsor for the projects;or(ii)awards occupancy occupancy agreement that is for aetermr accounting principles, the funds to project sponsors to carry of at least one month and that ends in Permanent housing is consistent with out the projects."All of the activities 24 months and cannot be extended. the statutory definition of"permanent specified by the statutory definition are Unified Funding Agency(UFA)means housing"in section 401 of the in the rule:(A)and(B)are contained in an eligible applicant selected by the McKinney-Vento Act,but does not track the definition and(C)is covered in the Continuum of Care to apply for a grant the statutory language.HUD's regulatory sections of the rule dealing with what a for the entire Continuum,which has the definition of"permanent housing" recipient can do with grant funds. capacity to carry out the duties states:"The term`permanent housing' Safe haven is based on the definition delegated to a UFA in this rule,which means community-based housing of safe haven in the McKinney-Vento is approved by HUD and to which HUD without a designated length of stay,and Act prior to amendment by the awards a grant.HUD's regulatory includes both permanent supportive HEARTH Act.Although no longer used definition of UFA departs slightly from housing and rapid re-housing." in statute,HUD's position is that the the statutory definition.The statutory Additionally,in the regulatory term remains relevant for definition refers to the collaborative definition of"permanent housing," implementation of the Continuum of applicant.The differences between the HUD clarifies that to be permanent Care program and,therefore,HUD statutory definition and HUD's housing,"the program participant must proposes to include the term in the regulatory definition reflect HUD's be the tenant on a lease for a term of at Continuum of Care program regulations. substitution of Continuum of Care for least one year that is renewable and is The term"safe haven"is used for collaborative applicant. terminable only for cause.The lease purposes of determining whether a must be renewable for terms that are a person is chronically homeless.The Establishing and Operating the minimum of one month long.HUD has housing must serve hard-to-reach Continuum of Care(Subpart B) determined that requiring a lease for a homeless persons with severe mental In general.The statutory authority for term of at least one year that is illness who came from the streets and the Continuum of Care program is renewable and terminable only for have been unwilling or unable to section 422 of the McKinney-Vento Act. cause,assists program participants in participate in supportive services.In As stated under section 1002 of the obtaining stability in housing,even addition,the housing must provide HEARTH Act,one of the main purposes when the rental assistance is temporary. 24-hour residence for eligible persons of the HEARTH Act is to codify the These requirements are consistent with for an unspecified period,have an Continuum of Care planning process. Section 8 requirements. overnight capacity limited to 25 or Consequently,under this interim rule, Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45427 HUD focuses on the rules and Continuum.HUD requires two inclusive and fair.HUD has established responsibilities of those involved in the characteristics for all board eight duties required of the Continuum Continuum of Care planning process compositions.These characteristics are necessary to effectively operate the and describes how applications and that the Board must be representative of Continuum of Care.HUD has grant funds will be processed. the subpopulations of homeless persons established the specific minimum As discussed earlier in the preamble, that exist within the geographic area, standards for operating and managing a HUD's interim rule provides for the and include a homeless or formerly Continuum of Care for two main duties and functions of the collaborative homeless person.Continuums will have reasons.First,the selection criteria applicant found in section 401 of the 2 years from the effective date of the established under section 427 of the McKinney-Vento Act to be designated to interim rule to establish a board that McKinney-Vento Act require HUD to the Continuum of Care,with the meets the criteria established in this measure the Continuum of Care's exception of applying to HUD for grant section.No board member may performance in reducing homelessness funds.HUD chose this approach participate or influence discussions or by looking at the overall performance of because the Continuum might not be a decisions concerning the award of a the Continuum,as opposed to legal entity,and therefore cannot enter grant or other financial benefits for an measuring performance project-by- into enforceable contractual agreements, organization that the member project as was done prior to the but is the appropriate body for represents. enactment of the HEARTH Act.This establishing and implementing HUD is considering four additional Continuum of Care performance decisions that affect the entire characteristics for all board approach results in cooperation and geographic area covered by the compositions for incorporation in the coordination among providers. Second, Continuum,including decisions related final rule.HUD did not implement them because Continuums of Care will have to funding.This approach allows the at this stage in order to seek public grants of up to 3 percent of Final Pro Continuum to retain its duties related to comment prior to implementing them as Rata Need(FPRN)to be used for eligible planning and prioritizing need requirements.HUD proposes that all Continuum of Care planning costs,HUD (otherwise designated by statute to the boards must have a chair or co-chairs; is requiring more formal decision- collaborative applicant),while the be composed of an uneven number, making and operating standards for the authority to sign a grant agreement with serving staggered terms;include Continuum of Care.This requirement HUD is designated to an eligible members from the public and private ensures that the Continuums have applicant that can enter into a sectors;and include a member from at appropriate funding to support planning contractual agreement.All of the duties least one Emergency Solutions Grants costs. assigned to the Continuum are based on program(ESG)recipient's agency One of the duties established in this the comparable duties of section 402(f) located within the Continuum's interim rule is the requirement that the of the McKinney-Vento Act. geographic area.HUD is requesting Continuum establish and operate a Subpart B of the interim rule comment on all of these proposed centralized or coordinated assessment identifies how Continuums of Care are requirements;however,HUD system that provides an initial, established,as well as the required specifically requests comments from comprehensive assessment of the needs duties and functions of the Continuum Continuums of Care and ESG recipients of individuals and families for housing of Care. on the requirement that the Board and services.As detailed in the Establishing the Continuum of Care. include an ESG recipient as part of its Emergency Solutions Grants program In order to be eligible for funds under membership.HUD invites ESG interim rule published on December 5, the Continuum of Care program, recipients and Continuums to share 2011,through the administration of the representatives from relevant challenges that will be encountered Rapid Re-Housing for Families organizations within a geographic area when implementing this requirement. Demonstration program and the must establish a Continuum of Care.As Ensuring that ESG recipients are Homelessness Prevention and Rapid Re- discussed earlier in this preamble,this represented on the Board is important to Housing program,as well as best body is responsible for carrying out the HUD;therefore,in communities where practices identified in communities, duties identified in this interim ESG recipients and/or Continuums do HUD has learned that centralized or regulation.Representatives from not feel this requirement is feasible, coordinated assessment systems are relevant organizations include nonprofit HUD asks commenters to provide important in ensuring the success of homeless assistance providers,victim suggestions for how ESG recipients can homeless assistance and homeless service providers,faith-based be involved in the Continuum at one of prevention programs in communities.In organizations,governments,businesses, the core decision-making levels. particular,such assessment systems advocates,public housing agencies, Responsibilities of the Continuum of help communities systematically assess school districts,social service providers, Care.The interim rule establishes three the needs of program participants and mental health agencies,hospitals, major duties for which the Continuum effectively match each individual or universities,affordable housing of Care is responsible:To operate the family with the most appropriate developers,law enforcement,and Continuum of Care,to designate an resources available to address that organizations that serve veterans and HMIS for the Continuum of Care,and to individual or family's particular needs. homeless and formerly homeless plan for the Continuum of Care. Therefore,HUD has required,through individuals.Where these organizations This section of the interim rule this interim rule,each Continuum of are located within the geographic area establishes requirements within these Care to develop and implement a served by the Continuum of Care,HUD three major duties. centralized or coordinated assessment expects a representative of the Operating the Continuum of Care.The system for its geographic area.Such a organization to be a part of the interim rule provides that the system must be designed locally in Continuum of Care. Continuum of Care must abide by response to local needs and conditions, Specific request for comment.HUD certain operational requirements.These For example,rural areas will have specifically requests comments on requirements will ensure the effective significantly different systems than requiring Continuums of Care to have a management of the Continuum of Care urban ones.While the common thread board that makes the decisions for the process and ensure that the process is between typical models is the use of a 45428 Federal Register/Vol. 77, No 147/Tuesday, July 31, 2012/Rules and Regulations common assessment tool,the form, violence victims;or the location of when administering assistance under detail,and use of that tool will vary victim service providers with this part.These requirements, from one community to the next.Some centralized assessment teams. established in consultation with examples of centralized or coordinated HUD invites suggestions for ensuring recipients of Emergency Solutions assessment systems include:A central that the requirements it imposes Grants program funds within the location or locations within a regarding centralized or coordinated geographic area,are intended to geographic area where individuals and assessment systems will best help coordinate service delivery across the families must be present to receive communities use their resources geographic area and assist Continuums homeless services;a 211 or other hotline effectively and best meet the needs of all of Care and their recipients in system that screens and directly families and individuals who need evaluating the eligibility of individuals connects callers to appropriate homeless assistance.Questions that HUD asks and families consistently and housing/service providers in the area;a commenters to specifically address are: administering assistance fairly and "no wrong door"approach in which a What barriers to accessing housing/ methodically.The written standards can homeless family or individual can show services might a centralized or be found in§578.7(a)(9)of this interim. up at any homeless service provider in coordinated intake system pose to rule. the geographic area but is assessed using victims of domestic violence?How can Designating and operating an HMIS. the same tool and methodology so that those barriers be eliminated?What The Continuum of Care is responsible referrals are consistently completed specific measures should be for designating an HMIS and an eligible across the Continuum of Care;a implemented to ensure safety and applicant to manage the HMIS, specialized team of case workers that confidentiality for individuals and consistent with the requirements,which provides assessment services to families who are fleeing or attempting to will be codified in 24 CFR part 580. providers within the Continuum of flee domestic violence situations?How This duty is listed under section Care;or in larger geographic areas,a should those additional standards be 402(f)(2)of the McKinney-Vento Act.In regional approach in which"hubs"are implemented to ensure that victims of addition,the Continuum is responsible created within smaller geographic areas. domestic violence have immediate for reviewing,revising,and approving a HUD intends to develop technical access to housing and services without privacy plan,security plan,and data assistance materials on a range of increasing the burden on those victims? quality plan for the HMIS and ensuring centralized and coordinated assessment For communities that already have consistent participation of recipients types,including those most appropriate centralized or coordinated assessment and subrecipients in the HMIS. for rural areas. systems in place,are victims of Continuum of Care planning.The HUD recognizes that imposing a domestic violence and/or domestic Continuum is responsible for requirement for a centralized or violence service providers integrated coordinating and implementing a coordinated assessment system may into that system?Under either scenario system for its geographic area to meet have certain costs and risks.Among the (they are integrated into an assessment the needs of the homeless population risks that HUD wishes specifically to process or they are not integrated into and subpopulations within the address are the risks facing individuals it),how does your community ensure geographic area.The interim rule and families fleeing domestic violence, the safety and confidentiality of this defines the minimum requirements for dating violence,sexual assault,and population,as well as access to this systematic approach under stalking.In developing the baseline homeless housing and services?What §578.7(c)(1),such as emergency requirements for a centralized or HUD-sponsored training would be shelters,rapid rehousing,transitional coordinated intake system,HUD is helpful to assist communities in housing,permanent supportive housing, considering whether victim service completing the initial assessment of and prevention strategies,Because there providers should be exempt from victims of domestic violence in a safe are not sufficient resources available participating in a local centralized or and confidential manner? through the Continuum of Care program coordinated assessment process,or In addition to comments addressing to prevent and end homelessness, whether victim service providers should the needs of victims of domestic coordination and integration of other have the option to articipate or not. violence,dating violence,sexual funding streams,including the Specific request for comment.HUD assault,and stalking,HUD invites Emergency Solutions Grants program specifically seeks comment from general comments on the use of a and mainstream resources,is integral to Continuum of Care-funded victim centralized or coordinated assessment carrying out the Continuum of Care service providers on this question.As system,particularly from those in System. set forth in this interim rule,each communities that have already HUD has determined that since the Continuum of Care is to develop a implemented one of these systems who Continuum of Care will be the larger specific policy on how its particular can share both what has worked well planning organization,the Continuum system will address the needs of and how these systems could be of Care must develop and follow a individuals and families who are improved..HUD specifically seeks Continuum of Care plan that adheres, fleeing,or attempting to flee,domestic comment on any additional risks that a not only to the requirements being violence,dating violence,sexual centralized or coordinated assessment established by this interim rule,but to assault,or stalking,but who are seeking system may create for victims of the requirements and directions of the shelter or services from non-victim domestic violence,dating violence, most recently issued notice of funding service providers.These policies could sexual assault,or stalking who are availability(NOFA). include reserving private areas at an seeking emergency shelter services due While these planning duties are not assessment location for evaluations of to immediate danger,regardless of explicitly provided in section 402(f)of individuals or families who are fleeing, whether they are seeking services the Act,HUD has included them to or attempting to flee,domestic violence, through a victim service provider or facilitate and clarify the Continuum of dating violence,sexual assault,or nonvictim service provider. Care planning process.Consistent with stalking;a separate"track"within the Another duty set forth in this part,is the goals of the HEARTH Act,HUD assessment framework that is the requirement to establish and strives,through this interim rule,to specifically designed for domestic consistently follow written standards provide a comprehensive,well- Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45429 coordinated and clear planning process, designated for funding.The applicant.For-profit entities are not which involves the creation of the collaborative applicant will always be eligible to apply for grants or to be Continuum of Care and the duties the the only applicant that can apply for subrecipients nts of of the McKinney Continuum of Care will have to fulfill. Continuum of Care planning costs.In Vento Act identifies that collaborative McKinney- Other planning duties for Continuums the case that there is one application for applicants o Act identifies be legal s collaborative and a established in this section of the interim projects,the recipient of the funds is may rule are planning for and conducting at required to have signed agreements with legal entity may include a consortium of least a biennial-point-in-time count of its subrecipients as set forth in instrumentalities of a State or local homeless persons within the geographic §578.23(c),and is required to monitor government that has constituted itself as area,conducting an annual gaps and sanction subrecipients in an entity.HUD has not included a analysis of the homeless needs and compliance with§578.107. consortium in the list of eligible services available within the geographic Whether the Continuum of Care applicants.As noted earlier in this area,providing information necessary to submits the application or designates an preamble,a Continuum of Care is complete the Consolidated Plan(s) eligible applicant to submit the defined to mean a group that is within the geographic area,and application for funding,the Continuum composed of representatives of consulting with State and local of Care retains all of its duties. organizations across the entire government Emergency Solutions Unified Funding Agencies.To be geographic area claimed by the Grants program recipients within the designated as the Unified Funding Continuum of Care.A Continuum is Continuum of Care on the plan for Agency(UFA)for the Continuum of able to combine more than one allocating Emergency Solutions Grants Care,the Continuum must select the metropolitan city or county into the program funds and reporting on and collaborative applicant to apply to HUD geographic area that the Continuum evaluating the performance of to be designated as the UFA for the represents.In essence,the Continuum of Emergency Solutions Grants program Continuum.The interim rule establishes Care acts as a consortium,and it is recipients and subrecipients. the criteria HUD will use when therefore HUD's position that the Preparing an application for funds.A determining whether to designate the inclusion of consortiums in the interim major function of the Continuum of Care collaborative applicant as a UFA.These rule would be redundant. is preparing and overseeing an standards were developed to ensure that Determining the Continuum's application for funds under this part. collaborative applicants have the maximum award amount.The total This section of the interim rule capacity to manage the grant and carry amount for which a Continuum of Care establishes the duties of the Continuum out the duties in 578.11(b),and are is eligible to apply and be awarded is of Care related to the preparation of the described below. determined through a four-step process, application.This section of the interim The duties of the UFA established in including the following factors:A rule establishes that the Continuum is §578.11 are consistent with the duties Continuum's PPRN amount;renewal responsible for designing,operating, set forth in section 402(g)of the Act. demand;any additional increases in and following a collaborative process for Even if the Continuum designates a amounts for leasing,rental assistance, the development of applications,as well UFA to submit the application for and operating costs based on Fair as approving the submission of funding,the Continuum of Care retains Market Rents(FMRs);planning and applications,in response to a NOFA all of its duties. UFA cost funds;and the amounts published by HUD. Remedial actions.Section 402(c)of available for bonus dollars. The Continuum must also establish the McKinney-Vento Act gives HUD the Using the formula that will be priorities for funding projects within the authority to ensure the fair distribution discussed below,HUD will first geographic area and determine the of grant amounts for this program,such determine a Continuum of Care's PPRN number of applications being submitted as designating another body as a amount,as authorized under section for funding.As previously noted in this collaborative applicant,replacing the 427(b)(2)(B)of the McKinney-Vento Act. preamble,since the Continuum of Care Continuum of Care for the geographic This amount is the sum of the PPRN might not be a legal entity,and therefore area,or permitting other eligible entities amounts for each metropolitan city, may not be able to enter into a to apply directly for grants. Section urban county,non-urban county,and contractual agreement with HUD,the 578.13 of this interim rule addresses the insular area claimed by the Continuum Continuum must select one or more remedial actions that may be taken. of Care as part of its geographic area, eligible applicants to submit an excluding any counties applying for,or g PP Overview of the Application and Grant receiving funds under the Rural application for funding to HUD on its Award Process(Subpart C) Housing Stability Assistance program, behalf.If the Continuum of Care is an eligible applicant,the Continuum of Eligible applicants.Under this interim the regulations for which will be Care may submit an application.If the rule,eligible applicants consist of established in 24 CFR part 579.The Continuum selects more than one nonprofit organizations,State and local PPRN for each of these areas is based application,the Continuum must select governments,and instrumentalities of upon the"need formula"under one eligible applicant to be the local governments.An eligible applicant §579.17(a)(2)and(3).Under the collaborative applicant.That applicant must have been designated by the McKinney-Vento Act,HUD is required will collect and combine the required Continuum of Care to submit an to publish,by regulation,the formula application information from all of the application for grant funds under this used to establish grant amounts.The other eligible applicants and for all part.The Continuum's designation must need formula under§579.17(a)(2)and projects within the geographic area that state whether the Continuum is (3)satisfies this requirement,and HUD the Continuum has designated.If only designating more than one applicant to specifically seeks comment on this one application is submitted by the apply for funds,and if it is,which formula.HUD will announce the PPRN collaborative applicant,the applicant is being designated the amounts prior to the publication of the collaborative applicant will collect and collaborative applicant.A Continuum of NOFA on its Web site. combine the required application Care that is designating only one To establish the amount on which the information from all projects within the applicant for funds must designate that need formula is run,HUD will deduct geographic area that the Continuum has applicant to be the collaborative an amount,which will be published in 45430 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations the NOFA,to be set aside to provide a items based on changes to the FMRs in the NOFA and award funds to recipients bonus,and the amount necessary to the geographic area. through a national competition based on fund Continuum of Care planning Third,HUD will determine the selection criteria as defined in section activities and UFA costs from the total Continuum of Care's Final Pro Rata 427 of the McKinney-Vento Act.HUD funds made available for the program Need(FPRN),which is the higher of, will announce the awards and notify each fiscal year. On this amount,HUD (1)PPRN,or(2)renewal demand for the selected applicants of any conditions will use the following process to Continuum of Care.The FPRN imposed on the awards. establish an area's PPRN.First,2 establishes the base for the maximum Grant agreements.A recipient of a percent of the total funds available shall award amount for the Continuum of conditionally awarded grant must be allocated among the four insular Care. satisfy all requirements for obligation of areas(American Samoa,Guam,the Fourth,HUD will determine the funds;otherwise,HUD will withdraw Commonwealth of the Northern maximum award amount.The its offer of the award.These conditions Marianas,and the Virgin Islands)based maximum award amount for the include establishing site control, upon the percentage each area received Continuum of Care is the FPRN amount providing proof of match,complying in the previous fiscal year under section plus any additional eligible amounts for with environmental review under 106 of the Housing and Community Continuum planning;establishing fiscal §578.31,and documenting financial Development Act of 1974.Second,75 controls for the Continuum;updates to feasibility within the deadlines under percent of the remaining funds made leasing,operating,and rental assistance §578.21(a)(3).HUD has included in the available shall be allocated to line items based on changes to FMR; interim rule the deadlines for conditions metropolitan cities and urban counties and the availability of any bonus that may be extended and the reasons that have been funded under the funding during the competition. for which HUD will consider an Emergency Solutions Grants program Application process.Each fiscal year, extension. (formerly known as the Emergency HUD will issue a NOFA.All The interim rule requires that site Shelter Grants program)every year since applications,including applications for control be established by each recipient 2004.Third,the remaining funds made grant funds,and requests for receiving funds for acquisition, available shall be allocated to designation as a UFA or HPC,must be rehabilitation funding,new Community Development Block Grant submitted to HUD in accordance with construction,or operating costs,or for (CDBG)metropolitan cities and urban the requirements of the NOFA and providing supportive services.HUD has counties that have not been funded contain such information as the NOFA determined that the time to establish under the Emergency Solutions Grants specifies.Applications may request up site control is 12 months for projects not program every year since 2004 and all to the maximum award amount for receiving new construction,acquisition, other counties in the United States and Continuums of Care. or rehabilitation funding,as stated Puerto Rico. An applicant that is a State or a unit under section 426(a)of the McKinney- Recognizing that in some federal of general local government must have Vento Act,not 9 months as stated under fiscal years,the amount available for the a HUD-approved,consolidated plan in section 422(d)of the McKinney-Vento formula maybe less than the amount accordance with HUD's Consolidated Act,for projects receiving operating and required to renew all existing projects Plan regulations in 24 CFR part 91.The supportive service funds.HUD's eligible for renewal in that year for at applicant must submit a certification determination on the time needed to least one year,HUD has included a that the application for funding is establish site control is based on method for distributing the reduction of consistent with the HUD-approved previous program policy,and the longer funds proportionally across all consolidated plan(s)in the project's time frame takes into consideration the Continuums of Care in§578.17(a)(4)of jurisdiction(s).Applicants that are not reality of the housing market.Projects this interim rule.HUD will publish the States or units of general local receiving acquisition,rehabilitation,or total dollar amount that each government must submit a certification new construction funding must provide Continuum will be required to deduct that the application for funding is evidence of site control no later than 24 from renewal projects Continuum-wide, consistent with the jurisdiction's HUD- months after the announcement of grant and Continuums will have the authority approved consolidated plan.The awards,as provided under section to determine how to administer the cuts certification must be made by the unit 422(d)of the McKinney-Vento Act. to projects across the Continuum. of general local government or the State, The interim rule requires that HUD Specific request for comment.HUD in accordance with HUD's regulations in perform an environmental review for specifically requests comment on the 24 CFR part 91,subpart F.The required each property as required under HUD's method established in§578.17(a)(4)to certification roust be submitted by the environmental regulations in 24 CFR reduce the total amount required to funding application submission part 50.All recipients of Continuum of renew all projects eligible for renewal in deadline announced in the NOFA. Care program funding under this part that one year,for at least one year,for An applicant may provide assistance must supply all available,relevant each Continuum of Care when funding under this program only in accordance information necessary to HUD,and is not sufficient to renew all projects with HUD subsidy layering carry out mitigating measures required nationwide for at least one year. requirements in section 102 of the by HUD.The recipient,its project The second step in determining a Housing and Urban Development partners,and its project partner's Continuum's maximum award amount Reform Act of 1989(42 U.S.C. 3545).In contractors may not perform any eligible is establishing a Continuum of Care's this interim rule,HUD clarifies that the activity for a project under this part,or "renewal demand."The Continuum's applicant must submit information in its commit or expend HUD or local funds renewal demand is the sum of the application on other sources of funding for such activities until HUD has annual renewal amounts of all projects the applicant has received,or performed an environmental review and eligible within the Continuum of Care's reasonably expects to receive,for a the recipient has received HUD geographic area to apply for renewal in proposed project or activities. approval of the property agreements. that federal fiscal year's competition Awarding funds.HUD will review Executing grant agreements.If a before any adjustments to rental applications in accordance with the Continuum designates more than one assistance,leasing,and operating line guidelines and procedures specified in applicant for the geographic area,HUD Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45431 will enter into a grant agreement with would not be eligible under the Continuum of Care in the interim rule each designated recipient for which an Continuum of Care program.For where the statute uses collaborative award is announced.If a Continuum projects that would no longer be eligible applicant,as explained earlier in the designates only one recipient for the under the Continuum of Care program preamble,the interim rule stipulates geographic area,HUD may enter into (e.g.,safe havens),but which are serving that if more than one Continuum of Care one grant agreement with that recipient homeless persons;HUD wants to ensure claims the same geographic area,then for new awards,if any;and one grant that housing is maintained and that HUD will award funds to the agreement for renewals and Continuum persons do not become homeless Continuum applicant(s)whose of Care planning costs and UFA costs, because funding is withdrawn. application(s)has the highest total score if any. These two grant agreements will HUD may renew projects that were and that no projects from the lower cover the entire geographic area,and a submitted on time and in such manner scoring Continuum of Care will be default by the recipient under one of as required by HUD,but did not have funded(and that any projects submitted these agreements will also constitute a a total score that would allow the with both applications will not be default under the other.If the project to be competitively funded.HUD funded).To appeal HUD's decision to Continuum is a UFA,HUD will enter may choose to exercise this option to fund the competing Continuum of Care, into one grant agreement with the UFA ensure that homeless or formerly the applicant(s)from the lower-scoring for new awards,if any;and one for homeless persons do not lose their Continuum of Care must file the written renewal and Continuum of Care housing.The interim rule provides, appeal in such form and manner as planning costs and UFA costs,if any. based on the language in section 421(e) HUD may require within 45 days of the Similarly,these two grant agreements of the McKinney-Vento Act,that HUD date of HUD's announcement of award. will cover the entire geographic area may renew the project,upon a finding If an applicant has had a certification and a default by the recipient under one that the project meets the purposes of of consistency with a consolidated plan of those agreements will also constitute the Continuum of Care program,for up withheld,that applicant may appeal a default under the other. to one year and under such conditions such a decision to HUD.HUD has HUD requires the recipient to enter as HUD deems appropriate. established a procedure to process the into the agreement described in Annual Performance Report.The appeals and no later than 45 days after §578.23(c).Under this agreement,the interim rule also provides that HUD the date of receipt of an appeal,HUD grant recipient must agree to ensure that may terminate the renewal of any grant will make a decision. the operation of the project will be in and require the recipient to repay the Section 422(h)of the McKinney-Vento accordance with the McKinney-Veto Act renewal grant if the recipient fails to Act provides the authority for a solo and the requirements under this part.In submit a HUD Annual Performance applicant to submit an application to addition,the recipient must monitor Report(APR)within 90 days of the end HUD and be awarded a grant by HUD and report the progress of the projects of the program year or if the recipient if it meets the criteria under section 427 to the Continuum of Care and to HUD, submits an APR that HUD deems of the McKinney-Vento Act.The interim The recipient must ensure that unacceptable or shows noncompliance rule clarifies that a solo applicant must individuals and families experiencing with the requirements of the grant and submit its application to HUD by the homelessness are involved in the this part.Section 578,103(e)of the deadline established in the NOFA to be operation of the project,maintain Continuum of Care program regulations considered for funding.The statute also confidentiality of program participants, further clarifies that recipients receiving requires that HUD establish an appeal and monitor and report matching funds grant funds for acquisition, process for organizations that attempted to HUD,among other requirements.The rehabilitation,or new construction are to participate in the Continuum of recipient must also agree to use the expected to submit APRs for 15 years Care's process,and believe they were centralized or coordinated assessment from the date of initial occupancy or the denied the right to reasonable system established by the Continuum of date of initial service provision,unless participation,as reviewed in the context Care,unless the recipient or HUD provides an exception.The of the local Continuum's process.An subrecipient is a victim service recipient's submission of the APR helps organization may submit a solo provider.Victim service providers may HUD review whether the recipient is application to HUD and appeal the choose not to use the centralized or carrying out the project in the manner Continuum's decision not to include it coordinated assessment system proposed in the application.Recipients in the Continuum's application.If HUD provided that all victim service agree to submit an APR as a condition finds that the solo applicant was not providers in the area use a centralized of their grant agreement.This permitted to participate in the or coordinated assessment system that requirement allows HUD to ensure that Continuum of Care process in a meets HUD's minimum requirements. recipients submit APRs on grant reasonable grant manner,then solo D may t HUD has provided this optional agreements that have expired as a exception because it understands the condition of receiving approval for a and may direct the Continuum to take unique role that victim service new grant agreement for the renewal remrtedpats teps to the suture.HUD may providers have within the Continuum of project. Care. Appeals.The interim rule provides also reduce the award to the Renewals.The interim rule provides certain appeal options for applicants Continuum's n 4 app(i antthe McKinney that HUD may fund,through the that were not awarded funding, Vento Ant42 wires that"HUD McKinney- Continuum Continuum of Care program,all projects Under section 422(g)of the q that were previously eligible under the McKinney-Vento Act,if more than one a timely appeal procedure for grant McKinney-Vento Act prior to the collaborative applicant submits an amounts awarded or denied under this enactment of the HEARTH Act.These application covering the same subtitle to a collaborative application." projects may be renewed to continue geographic area,HUD must award funds The interim rule sets an appeal process ongoing leasing,operations,supportive to the application that scores the highest for denied or decreased funding under services,rental assistance,HMIS,and score based on the selection criteria set §578.35(c).Applicants that are denied administration beyond the initial forth in section 427 of the Act. funds by HUD,or that requested more funding period even if those projects Consistent with HUD's use of the term funds than HUD awarded,may appeal 45432 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations by filing a written appeal within 45 days determined that programs should homelessness prevention component by of the date of HUD's announcement of require at least case management for recipients in Continuums of Care that the award.HUD will notify applicant of some initial period after exiting have been designated HPCs by HUD. its decision on the appeal within 60 homelessness.HUD has imposed the Eligible activities are housing relocation days of the date of HUD's receipt of the requirement that rapid rehousing and stabilization services,and short- written appeal. include,at a minimum,monthly case and/or medium-term rental assistance, Program Components and Eligible Costs management meetings with program as set forth in 24 CFR 576.103, (Subpart D) participants(except where prohibited necessary to prevent an individual or by the Violence Against Women Act family from becoming homeless. Program components.The interim (VAWA)and the Family Violence Planning activities.Under this interim rule provides that Continuum of Care Prevention and Services Act(FVPSA)) rule,HUD lists eligible planning costs funds may be used for projects under and allows for a full range of supportive for the Continuum of Care under five program components:Permanent services to be provided for up to 6 §578.39(b)and(c).HUD will allow no housing,transitional housing, months after the rental assistance stops. more than 3 percent of the FPRN,or a supportive services only,HMIS,and,in Many other HUD programs,such as maximum amount to be established by some cases,homelessness prevention. Section 8 and HOME,provide housing the NOFA,to be used for certain costs. Administrative costs are eligible under without supportive services to low- These costs must be related to designing all components.Where possible,the income individuals and families. a collaborative process for an components set forth in the Continuum With respect to rapid rehousing,the application to HUD,evaluating the of Care program are consistent with the interim rule provides that funds under outcomes of funded projects under the components set forth under the this part may be used to provide Continuum of Care and Emergency Emergency Solutions Grants program. supportive services and short-term Solutions Grants programs,and This will ease the administrative burden and/or medium-term rental assistance. participating in the consolidated plan(s) on recipients of both programs and will While the time frames under which a for the geographic area(s).Under section ensure that reporting requirements and program participant may receive short- 423 of the McKinney-Vento Act,a data quality benchmarks are term or medium-term rental assistance collaborative applicant may use no more consistently established and applied to set forth in this part match the time than 3 percent of total funds made like projects. One significant distinction frames set forth in the Emergency available to pay for administrative costs between the Emergency Solutions Solutions Grants program,the related to Continuum of Care planning. Grants program and this part can be supportive services available to program HUD is defining"of the total funds found in the eligible activities and participants receiving rapid rehousing made available"to mean FPRN,the administration requirements for assistance under the Continuum of Care higher of PPRN or renewal demand,in assistance provided under the rapid program are not limited to housing the interim rule.HUD has determined rehousing component in this interim relocation and stabilization services as that FPRN strikes the correct balance,as rule.The significant differences they are in the Emergency Solutions it is the higher of PPRN or renewal between this component in the Grants program.Program participants demand.This will help Continuums of Emergency Solutions Grants program receiving rapid rehousing under this Care(CoC)balance: (1)Having sufficient and this part are discussed below. part may receive any of the supportive planning dollars to be successful in its The interim rule sets forth the costs services set forth in§578.53 during duties and compete for new money eligible for each program component in their participation in the program.The (which would be the PPRN),and(2) §578.37(a).The eligible costs for Continuum of Care,however,does have being able to monitor and evaluate contributing data to the HMIS the discretion to develop written actual projects in operation(and plan designated by the Continuum of Care policies and procedures that limit the for renewal demand).The are also eligible under all components. services available to program administrative funds related to CoC Consistent with the definition of participants that better align the services planning made available will be added permanent housing in section 401 of the available to program participants with to a CoC's FPRN to establish the CoCs McKinney-Vento Act and§578.3 of this those set forth in the Emergency maximum award amount. interim rule,the permanent housing Solutions Grants program. Unified Funding Agency Costs.Under component is community-based housing Specific request for comment.While this interim rule,HUD lists eligible UFA without a designated length of stay that HUD's experience with the Supportive costs in§576,41(b)and(c).Similar to permits formerly homeless individuals Housing and Shelter Plus Care programs the cap on planning costs for CoC,HUD and families to live as independently as is the basis for HUD's determination to will allow no more than 3 percent of the possible.The interim rule clarifies that require case management for some FPRN,or a maximum amount to be Continuum of Care funds may be spent initial period after exiting homelessness, established by the NOFA,whichever is on two types of permanent housing: HUD specifically welcomes comment on less,to be used for UFA costs.This Permanent supportive housing for other experiences with monthly case amount is in addition to the amount• persons with disabilities(PSH)and management. made available for CoC planning costs. rapid rehousing that provides temporary The interim rule provides that the UFA costs include costs associated with assistance(i.e.,rental assistance and/or HMIS component is for funds that are ensuring that all financial transactions supportive services)to program used by HMIS Leads only.Eligible costs carried out under the Continuum of participants in a unit that the program include leasing a structure in which the Care program are conducted and records participant retains after the assistance HMIS is operated,operating funds to maintained in accordance with ends. operate a structure in which the HMIS generally accepted accounting Although the McKinney-Vento Act is operated,and HMIS costs related to principles,including arranging for an authorizes permanent housing without establishing,operating,and customizing annual survey,audit,or evaluation of supportive services,the interim rule a Continuum of Care's HMIS. the financial records of each project does not.Based on its experience with As set forth in Section 424(c)of the carried out by a subrecipient funded by the Supportive Housing and Shelter McKinney-Veto Act,Continuum of Care a grant received through the Continuum Plus Care programs,HUD has funds may be used only for the of Care program.The funds made Federal Register/Vol, 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45433 available to UFAs related to establishing section provides that rental assistance family member of the perpetrator of the fiscal controls will be added to a CoC's may include tenant-based,project- violence.HUD requires that the program FPRN to establish the CoC maximum based,or sponsor-based rental participant provide appropriate award amount. assistance.This section also provides documentation of the original incident Leasing.Under this interim rule,grant that project-based rental assistance may of domestic violence,dating violence, funds may be used to pay the costs of include rental assistance to preserve sexual assault,or stalking,and any leasing a structure or structures,or existing permanent supportive housing evidence of the current imminent threat portions of structures,to provide for homeless individuals and families, of harm.Examples of appropriate housing or supportive services.The Given that the availability of affordable documentation of the original incident interim rule further clarifies that leasing rental housing has been shown to be a of domestic violence,dating violence, means that the lease is between the key factor in reducing homelessness,the sexual assault,or stalking include recipient of funds and the landlord, availability of funding for short-term, written observation by the housing or HUD recognizes that some grantees medium-term,and long-term rental service provider;a letter or other receiving funds through the Supportive assistance under both the Emergency documentation from a victim service Housing Program may have been using Solutions Grants program and the provider,social worker,legal assistance their leasing funds in a manner Continuum of Care program is not provider,pastoral counselor,mental consistent with the rental assistance inefficient use of program funds,but health provider,or other professional requirements established in§578.51; rather effective use of funding for an from whom the victim has sought therefore,since the Continuum of Care activity that lowers the number of assistance;or medical or dental,court, program authorizes both leasing and homeless persons. or law enforcement records. rental assistance,the rule provides for As noted in the above discussion of Documentation of reasonable belief of an allowance for projects originally rental housing available for funding further domestic violence,dating approved to carry out leasing to renew under the Continuum of Care program, violence,sexual assault,or stalking and request funds for rental assistance, one eligible form of rental assistance is includes written observation by the so long as the rental assistance meets tenant-based,which allows the program housing or service provider;a letter or the requirements in§578.51.The rule participant to retain rental assistance for other written documentation from a provides that a recipient of a grant another unit.The interim rule limits victim service provider,social worker, awarded under the McKinney-Vento this retention to within the Continuum legal assistance provider,pastoral Act,prior to enactment of the HEARTH of Care boundaries.HUD has counselor,mental health provider,or Act,must apply for leasing if the lease determined that Continuum of Care other professional from whom the is between the recipient and the program funds must be used within the victim has requested assistance;a landlord,notwithstanding that the grant Continuum's geographic boundaries.If current restraining order,recent court was awarded prior to the HEARTH Act program participants move outside of order,or other court records;or law amendments to the McKinney-Vento the Continuum,the Continuum may pay enforcement reports or records.The Act. moving costs,security deposits,and the housing or service provider may also The interim rule provides that leasing first month of rent for another unit; consider other documentation such as funds may not be used to lease units or however,the Continuum would have to emails,voicemails,text messages,social structures owned by the recipient, organize assistance with the relevant media posts,and other communication. subrecipient,their parent Continuum of Care for the program Because of the particular safety organization(s),any other related participant if rental assistance is to concerns surrounding victims of organization(s),or organizations that are continue.The program participant may domestic violence,the interim rule members of a partnership where the be transferred to a rental assistance provides that acceptable evidence for partnership owns the structure,unless program in a different Continuum both the original violence and the HUD authorizes an exception for good without having to become homeless reasonable belief include an oral cause.The interim rule establishes again.The recipient may also limit the statement.This oral statement does not minimum requirements that a request movement of the assistance to a smaller need to be verified,but it must be for an exception must include.These area if this is necessary to coordinate documented by a written certification exceptions are based on HUD's service delivery. by the individual or head of household. experience in administering the Under this interim rule,the only This provision is specific to victims of Homelessness Prevention and Rapid Re- exception to the limitation for retention P P Housing Program(HPRP). of tenant-based rental assistance is for domestic violence,dating violence, The interim rule establishes that program participants who are victims of sexual assault,and stalking who are projects for leasing may require that domestic violence,dating violence, receiving tenant-based rental assistance program participants pay an occupancy sexual assault,or stalking.Under the in permanent housing.This interim rule charge(or in the case of a sublease,rent) definition of"tenant-based"in the contains other policies for moving of no more than 30 percent of their McKinney-Vento Act(section 401(28)of program participants receiving any type income.Income must be calculated in the McKinney-Vento Act),these of assistance under this interim rule, accordance with HUD's regulations in participants must have complied with including tenant-based rental assistance, 24 CFR 5.609 and 24 CFR 5.611(a). all other obligations of the program and within the Continuum of or smaller Care geographic However,the interim rule clarifies that reasonably believe that he or she is projects may not charge program fees. imminently threatened by harm from area required by the provider to Rental assistance.Under this interim further violence if he or she remains in coordinate service delivery.Moving rule,rental assistance is an eligible cost the assisted dwelling unit, program participants outside of the for permanent and transitional housing, In the interim rule,HUD has clarified geographic area where providers can and this rule clarifies that the rental that the imminent threat of harm must coordinate service-delivery is assistance may be short-term,up to 3 be from further domestic violence, administratively difficult for providers months of rent;medium-term,for 3 to dating violence,sexual assault,or and makes it difficult to monitor that 24 months of rent;and long-term,for stalking,which would include threats program participants have access to,and longer than 24 months of rent.This from a third party,such as a friend or are receiving,appropriate supportive 45434 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations services;therefore,moves outside of the services specifically to victims of presented in a narrative form or other geographic area where the provider can domestic violence,dating violence, format prescribed by HUD. effectively deliver and monitor service sexual assault,and stalking.The eligible Continuums must use the HMIS to coordination are allowed only under costs for providing victim services are demonstrate the following measures:(1) exceptional circumstances.HUD has listed as eligible costs in the supportive That the mean length of homelessness established these provisions to provide services funding category.Rather than must be less than 20 days for the an exception and to address the create a new eligible line item in the Continuum's geographic area,or the challenges that are associated with such project budget,HUD has determined Continuum's mean length of episodes a move. that these costs can be included in the for individuals and families in similar Based on HUD's experience in funding categories already established, circumstances was reduced by at least administering the Shelter Plus Care Indirect costs.Indirect costs are 10 percent from the preceding year;(2) program,the interim rule includes allowed as part of eligible program that less than 5 percent of individuals provisions to clarify when rental costs.Programs using indirect cost and families that leave homelessness payments may continue to be made to allocations must be consistent with become homeless again any time within a landlord when the program Office of Management and Budget the next 2 years,or the percentage of participant no longer resides in the unit. (OMB)Circulars A-87 and A-122,as individuals and families in similar For vacated units,the interim rule applicable.OMB Circular A-87 and the circumstances who became homeless provides that assistance may continue regulations at 2 CFR part 225 pertain to again within 2 years after leaving for a maximum of 30 days from the end "Cost Principles for State,Local,and homelessness was decreased by at least of the month in which the unit was Indian Tribal Governments."OMB 20 percent from the preceding year;and vacated,unless the unit is occupied by Circular A-122 and the regulations (3)for Continuums of Care that served another eligible person.A person codified at 24 CFR part 230 pertain to homeless families with youth defined as staying in an institution for less than 90 "Cost Principles for Non-Profit homeless under other federal statutes, days is not considered as having vacated Organizations." that 95 percent of those families did not the unit.Finally,the recipient may use Other costs.In addition to the eligible become homeless again within a 2-year grant funds,in an amount not to exceed costs described in this preamble,the period following termination of one month's rent,to pay for any damage regulation addresses the following other assistance and that 85 percent of those to housing due to the action of the eligible costs:acquisition,rehabilitation, families achieved independent living in program participant,one-time,per new construction,operating costs, permanent housing for at least 2 years program participant,per unit.This HMIS,project administrative costs,and following the termination of assistance. assistance can be provided only at the relocation costs. The McKinney-Vento Act requires time the program participant exits the High-Performing Communities(Subpart that HUD set forth standards for housing unit. E) preventing homelessness among the Supportive services.Grant funds may subset of those at the highest risk of be used to pay eligible costs of Section 424 of the McKinney-Vento becoming homeless among those supportive services for the special needs Act establishes the authority for the homeless families and youth defined as of program participants.All eligible establishment of and requirements for homeless under other federal statutes, costs are eligible to the same extent for HPCs.Applications must be submitted the third measure above,one of which program participants who are by the collaborative applicant at such includes achieving independent living unaccompanied homeless youth; time and in such manner as HUD may in permanent housing among this persons living with Human require and contain such information as population.HUD has set forth the Immunodeficiency Virus(HIV)/ HUD determines necessary under standards of 95 percent and 85 percent. Acquired Immune Deficiency Syndrome §578.17(b).Applications will be posted HUD recognizes that these standards are (AIDS) (HIV/AIDS);and victims of on the HUD Web site(www.hud.gov)for high,but standards are comparable to domestic violence,dating violence, public comments.In addition to HUD's the other standards in the Act,.which sexual assault,or stalking.Any cost that review of the applications,interested are high.It is HUD's position that HPCs is not described as an eligible cost under members of the public will be able to should be addressing the needs of those this interim rule is not an eligible cost provide comment to HUD regarding the homeless individuals within their of providing supportive services. applications. communities prior to receiving Eligible costs consist of assistance with Requirements.The Continuum of Care designation of a HPC and being allowed moving costs,case management,child must use HMIS data(HUD will publish to spend funds in accordance with care,education services,employment •data standards and measurement §578.71. assistance and job training,housing protocols)to determine that the The final standard that the search and counseling services,legal standards for qualifying as a HPC are Continuum must use its HMIS data to services,life skills training,mental met.An applicant must submit a report demonstrate is provided under section health services,outpatient health showing how the Continuum of Care 424(d)(4)of the Act.The statute requires services,outreach services,substance program funds were expended in the each homeless individual or family who abuse treatment services,transportation, prior year,and provide information that sought homeless assistance to be and utility deposits. the Continuum meets the standards for included in the data system used by that The definition of"supportive HPCs. community.HUD has defined this as services"in section 401(27)of the Standards.In order to qualify as an bed-coverage and service-volume McKinney-Vento Act includes the HPC,a Continuum of Care must coverage rates of at least 80 percent.The provision of mental health services, demonstrate through reliable data that it documentation that each homeless trauma counseling,and victim services. meets all of the required standards.The individual or family who sought HUD has determined that victim interim rule clarifies which standards homeless assistance be included in the services are eligible as supportive will be measured with reliable data from HMIS is not measurable by HUD.This services,and are included as eligible a Continuum's HMIS and which type of standard would be entirely program costs in this interim rule. standards will be measured through reliant upon self-reporting. Providers are allowed to provide reliable data from other sources and Additionally,individuals and families Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45435 have the right to decline having their grants awarded in the same competition in HPCs may use match on eligible data entered into the HMIS.HUD uses in which the designation is applied for activities described under§578.71. bed-coverage rates and service-volume and made.The designation will be for General operations.Recipients of coverage rates as a proxy for measuring a period of one year. grant funds must provide housing or the rate of inclusion of persons who are Eligible activities.Recipients and services that comply with all applicable present for services or housing in the subrecipients in Continuums that have State and local housing codes,licensing HMIS.This is a measurable standard, been designated an HPC may use grant requirements,and any other and HUD defines the calculation in the funds to provide housing relocation and requirements in the project's HMIS rule;therefore,the measurement stabilization services and short-and/or jurisdiction.In addition,this interim will be consistent between Continuums. medium-term rental assistance to rule clarifies that recipients must abide Continuums must use reliable data individuals and families at risk of by housing quality standards and from other sources and presented in a homelessness as set for in the suitable dwelling size,Recipients must narrative form or other format Emergency Solutions Grants program. also assess supportive services on an prescribed by HUD to measure two All eligible activities discussed in this ongoing basis,have residential standards:Community action and section must be effective at stabilizing supervision,and provide for renewing HPC status.Section 424(d)(4) individuals and families in their current participation of homeless individuals as of the McKinney-Vento Act establishes housing,or quickly moving such required under section 426(g)of the another standard for HPCs,which is individuals and families to other McKinney-Vento Act. "community action,"This statutory permanent housing.This is the only Specific request for comment,With section provides that communities that time that Continuum of Care funds may respect to housing in g quality standards, dards, compose the geographic area must have be used to serve nonhomeless actively encouraged homeless individuals and families.Recipients and longstanding requirement from the individuals and families to participate subrecipients using grant funds on these Shelter Plus Care program that in housing and services available in the eligible activities must follow the recipients or subrecipients,prior to geographic area and included each written standards established by the providing assistance on behalf of a homeless individual or family who Continuum of Care in§578.7(a)(9)(v), program participant,must physically sought homeless assistance services in and the re cordkeeping requirements set inspect each unit to assure that the unit the data system used by that community for the Emergency Solutions Grants meets housing quality standards.This for determining compliance.HUD has ro am rule. requirement is designed to ensure that defined"communities that compose the P program participants are placed in geographic area"to mean the entire Program Requirements(Subpart F) housing that is suitable for living. geographic area of the Continuum.This All recipients of Continuum of Care Additionally,these requirements are definition will also provide consistency must comply with the program consistent with HUD's physical of measurement since most of HUD's regulations and the requirements of the mainst earn rental assistance its e measurements are across the entire programs. Continuum of Care geographic area. NOFA issued annually by HUD. Notwithstanding that this is a HUD has further defined"actively Matching.The HEARTH Act allows longstanding requirement,HUD encourage"within this standard as a for a new,simplified match welcomes comment on alternatives to comprehensive requirement.All eligible funding costs omprehensive outreach plan,including inspection of each unit that may be less specific steps for identifying homeless except leasing must be matched with no t burdensome but ensure that the housing less than a 25 percent cash or in-kind provided to a program participant is persons and referring them to P P P P appropriate housing and services in that match.The interim rule clarifies that the decent,safe,and sanitary. geographic area.The measurement of match must be provided for the entire Under Section 578.75,General the grant,except that recipients that are he last part of this standard,"each Operations,subsection(h),entitled homeless individual or family who UFAs or are the sole recipient for the "Supportive Service Agreements," sought homeless assistance services in Continuum may provide the match on a states that recipients and subrecipients Continuum-wide basis. may require program participants to the data system used by that y q P P p community,"will be measured using For in-kind match,the take part in supportive services so long reliable data from an HMIS and has governmentwide grant requirements of as they are not disability-related been discussed earlier in this preamble. HUD's regulations in 24 CFR 84,23 (for services,provided through the project as HUD has determined this will provide private nonprofit organizations)and a condition of continued participation clarity and ensure consistent 85.24(for governments)apply.The in the program.Examples of disability- measurement across Continuums. regulations in 24 CFR parts 84 and 85 related services include,but are not The interim rule provides that a establish uniform administrative limited to,mental health services, Continuum of Care that was an HPC in requirements for HUD grants.The outpatient health services,and the prior year and used Continuum requirements of 24 CFR part 84 apply to provision of medication,which are funds for activities described.under subrecipients that are private nonprofit provided to a person with a disability to §578.71 must demonstrate that these organizations.The requirements of 24 address a condition caused by the activities were effective at reducing the CFR part 85 apply to the recipient and disability. number of persons who became subrecipients that are units of general This provision further states that if homeless in that community,to be purpose local government.The match the purpose of the project is to provide renewed as a HPC. requirement in 24 CFR 84.23 and in 24 substance abuse treatment services, Selection.HUD will select up to 10 CFR 85,24 applies to administration recipients and subrecipients may Continuums of Care each year that best funds,as well as Continuum of Care require program participants to take part meet the application requirements and planning costs and UFA's financial in such services as a condition of the standards set forth in§578.65. management costs.All match must be continued participation in the program. Consistent with section 424 of the spent on eligible activities as required For example,if a Continuum of Care McKinney-Vento Act,the interim rule under subpart D of this interim rule, recipient operates a transitional housing provides a HPC designation for the except that recipients and subrecipients program with substance abuse treatment 45436 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations services,the recipient may require HUD funds and participate in HUD services,should not be allowed to program participants to participate in programs on an equal footing with other discriminate against current or those services.By contrast,in a program organizations;that no group of prospective program beneficiaries on that offers services but whose purpose is applicants competing for HUD funds the basis of religion,a religious belief, not substance abuse treatment,a should be subject,as a matter of a refusal to hold a religious belief,or a recipient may not require a person who discretion,to greater or fewer refusal to attend or participate in a is an alcoholic,for example,to sign a requirements than other organizations religious practice.The Executive Order supportive service agreement at initial solely because of their religious directs that organizations that engage in occupancy stating that he or she will character or affiliation,or,alternatively, explicitly religious activities(including . participate in substance abuse treatment the absence of religious character or activities that involve overt religious services as a condition of occupancy. affiliation.HUD's general principles content such as worship,religious All program participants must,however, regarding the equal participation of such instruction,or proselytization)must meet all terms and conditions of organizations in its programs are perform such activities and offer such tenancy,including lease requirements. codified at 24 CFR 5.109.Program- services outside of programs that are If,as a result of a person's behavior specific requirements governing faith- supported with direct federal financial stemming from substance use,a person based activities are codified in the assistance(including through prime violates the terms of the lease,a regulations for the individual HUD awards or subawards),separately in recipient may consider requiring programs. (See,for example,24 CFR time or location from any such programs participation in services or any other 574.300(c),24 CFR 582.115(c),and 24 or services supported with direct federal action necessary in order for such a CFR 583.150(b).) financial assistance,and participation in person to successfully meet the HUD's equal participation regulations any such explicitly religious activities requirements of tenancy. were prompted by Executive Order must be voluntary for the beneficiaries Finally,the interim rule clarifies that 13279,Equal Protection of the Laws for of the social service program supported in units where the qualifying member of Faith-Based and Community with such federal financial assistance. the household has died,or has been Organizations,issued by President Bush For purposes of greater clarity and incarcerated or institutionalized for on December 12,2002,and published in comprehensibility,the Executive Order more than 90 days,assistance may the Federal Register on December 16, uses the term"explicitly religious"in continue until the expiration of the 2002(67 FR 77141).Executive Order lieu of"inherently religious."The lease in effect at the time of the 13279 set forth principles and Executive Order further directs that if a qualifying member's death, policymaking criteria to guide federal beneficiary or prospective beneficiary of incarceration,or institutionalization. agencies in ensuring the equal a social service program supported by Displacement,relocation,and protection of the laws for faith-based federal financial assistance objects to acquisition.All recipients must ensure and community organizations. the religious character of an that they have taken all reasonable steps Executive Order 13279 was amended by organization that provides services to minimize the displacement of Executive Order 13559(Fundamental under the program,that organization persons as a result of projects assisted Principles and Policymaking Criteria for shall,within a reasonable time after the under this part.This section of the Partnerships With Faith-Based and date of the objection,refer the interim rule is substantially revised Other Neighborhood Organizations), beneficiary to an alternative provider. from the previous programs to increase issued by President Obama on Executive Order 13559 provides for clarity and comprehension of the November 17,2010,and published in the establishment of an Interagency directions to recipients and the Federal Register on November 22, Working Group on Faith-Based and subrecipients in the use of grant funds. 2010(75 FR 71319). Other Neighborhood Partnerships Timeliness standards.Recipients Executive Order 13559 expands on (Working Group)to review and evaluate must initiate approved activities and the equal participation principles existing regulations,guidance projects promptly.Recipients of funds provided in Executive Order 13279 to documents,and policies,and directs the for rehabilitation and new construction strengthen the capacity of faith-based OMB to issue guidance to agencies on must begin construction activities and other neighborhood organizations to uniform implementation following within 9 months of the signing of the deliver services effectively and ensure receipt of the Working Group's report. grant,and such activities must be the equal treatment of program On April 27,2012,the Working Group completed within 24 months.HUD is beneficiaries.Executive Order 13559 issued its report,recommending a providing these requirements to assist reiterates a key principle underlying model set of regulations and guidance communities in meeting the obligation participation of faith-based for agencies to adopt.1 and expenditure deadline historically organizations in federally funded HUD intends to wait for OMB imposed by the annual HUD activities and that is that faith-based guidance before initiating any appropriations act HUD may reduce a organizations be eligible to compete for rulemaldng directed to broader changes grant term to a term of one year if federal financial assistance used to to HUD's existing faith-based implementation delays reduce the support social service programs and to regulations,to ensure consistency with amount of funds that can be used during participate fully in social service faith-based regulations of other federal the original grant term. programs supported with federal agencies.However,HUD has revised its Limitation on use of funds.Recipients financial assistance without impairing regulatory provisions governing faith- of funds provided under this part must their independence,autonomy, . based activities to incorporate the abide by any limitations that apply to expression outside the programs in principles of Executive Order 13559 the use of such funds,such as use of question,or religious character. pertaining to equal treatment of program funds for explicitly religious activities. With respect to program beneficiaries, beneficiaries and to adopt terminology, The limitation on use of funds also the Executive Order states that such as"explicitly religious"and"overt addresses limitation on uses where organizations,in providing services religious activities may be concerned.It supported in whole or in part with 1 The report is available at:http:// is HUD's position that faith-based federal financial assistance,and in their www.whitehause.gov/sites/default/files/uploads/ organizations are able to compete for outreach activities related to such finalfaithbasedworkinggroupreport.pdf. Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45437 religious content,"that offers greater over this requirement from the Shelter Section 578.93(b)(1)states that,in clarity to the limitations placed on faith- Plus Care program. consideration of personal privacy, based organizations when using federal Fair Housing and Equal Opportunity housing may only be limited to a single funds for their supportive services. requirements.The Continuum of Care, sex when such housing consists of a Additionally,HUD is putting in place as well as its members and single structure with shared bedrooms through this rulemaking the provision of subrecipients,are required to comply or bathing facilities such that the Executive Order 13559 that directs the with applicable civil rights laws. considerations of personal privacy and referral to alternative providers. Section 578.93,addressing the physical limitations of the Executive Order 13559 provides that if nondiscrimination and equal configuration of the housing make it a beneficiary or prospective beneficiary opportunity requirements,is provided appropriate for the housing to be limited of a social service program supported by to offer greater direction to recipients to one sex. federal financial assistance objects to and subrecipients on the use of grant Further, §§578.93(b)(4)and(5)clearly the religious character of an funds. Section 578.93(a)states that the outline instances when sex offenders or organization that provides services nondiscrimination and equal violent offenders maybe excluded from under the program,that organization opportunity requirements set forth in 24 housing,and when projects providing shall,within a reasonable time frame CFR 5.105(a)apply.This includes,but sober housing may exclude persons. after the date of the objection,refer the is not limited to,the Fair Housing Act, HUD's Section 504 regulations permit beneficiary to an alternative provider. Title VI of the Civil Rights Act of 1964, housing funded under a particular While HUD will benefit from OMB Section 504 of the Rehabilitation Act of program to be reserved for persons with guidance on other provisions of the 1973(Section 504),and title II of the a specific disability when a federal Executive Order,specifically those Americans with Disabilities Act. statute or executive order specifically which the Working Group is charged to Section 578.93(b)explains when authorizes such a limitation. Section provide recommendations,the recipients and subrecipients may 578.93(b)(6)states that if the housing is P P Y "referral"provision of the Executive exclusively serve a particular assisted with funds under a federal Order is one that HUD believes it can subpopulation o ulation in transitional or program that is limited by federal immediately put in place.HUD may, P P statute or executive order to a specific Y P P Y• permanent housing.As part of these subpopulation,the housing maybe following receipt of public comment requirements,recipients must also limited to that subpopulation. and further consideration of this issue, administer programs and activities Section 578.93(b�(7)provides revise how recipients and subrecipients receiving federal financial assistance in clarification to recipients of funds under document the referral to other providers the most integrated setting appropriate this part as to when a project can limit when beneficiaries may assert to the needs of qualified individuals admission to a specific project can of objections to the original provider.For with disabilities.This"integration homeless individuals and families based now,HUD is requiring that any mandate"requires that HUD-funded on the service package offered in the objections and any referrals be programs or activities enable project.To help recipients better documented in accordance with the individuals with disabilities to interact understand these requirements,the recordkeeping provisions of§578.013. with nondisabled persons to the fullest following paragraphs provide a detailed This section of the interim rule also extent possible.In reviewing requests contains limitations on the types of P g explanation of the regulatory provision, eligible assistance that may not be for funding through the Continuum of along with a few examples. combined in a single structure or Care NOFA,HUD will be considering Section 578.93(b)(7)states that housing unit.As the Continuum of Care each recipient's proposals to provide recipients may limit admission to or substantially increases the types of integrated housing to individuals with provide a preference for the housing to assistance that may be combined in a disabilities. subpopulations of homeless persons and project from previous programs,HUD There are certain situations in which families who need the specialized has established standards in this section a recipient or subrecipient may limit supportive services that are provided in to provide recipients with clarity about housing to a specific subpopulation,so the housing.The regulation contains the the types of activities that may not be long as admission does not discriminate following examples:Substance abuse carried out in a single structure or against any protected class,as well as addiction treatment,domestic violence housing unit. instances where recipients or services,or a high-intensity package Termination of assistance.The subrecipients may limit admission or designed to meet the needs of hard-to- interim rule provides that a recipient provide a preference to certain reach homeless persons.However, may terminate assistance to a subpopulations of homeless persons and §578.93(b)(7)further states that while participant who violates program families who need the specialized the housing may offer services for a requirements or conditions of services provided in the housing.For particular type of disability,no occupancy.The recipient must provide example,§575.93(b)(2)states that the otherwise eligible individual with a a formal process that recognizes the due housing may be limited to homeless disability,or family that includes an process of law.Recipients may resume veterans,so long as admission is not individual with a disability,who may assistance to a participant whose denied based on any membership in a benefit from the services provided may assistance has been terminated. protected class;e.g.,homeless veterans be excluded on the grounds that they do Recipients that are providing with families must be admitted. not have a particular disability.Below permanent supportive housing for hard- Similarly,housing may be limited to are general examples to offer guidance to-house populations of homeless domestic violence victims and their on this subsection.Please note that persons must exercise judgment and families or persons who are at risk of these examples are nonexhaustive,but examine all circumstances in institutionalization,so long as emphasize that the proper focus is on determining whether termination is admission is not denied based on any the services available as part of the appropriate.Under this interim rule, membership in a protected class. Continuum of Care project as opposed HUD has determined that a participant's Section 578.93(b)(3)states that to a person's category or subcategory of assistance should be terminated only in housing may be limited to families with disability.While these general the most severe cases.HUD is carrying children. principles are offered to help clarify this 45438 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations section,a change in the factual scenario into this interim rule.This provision of skills and knowledge to entities that may change the analysis. clarifies,especially for projects where may need,but do not possess,such One clarifying example is as follows. the current policy is to deny the skills and knowledge.The assistance A private,nonprofit organization or a admittance of a boy under the age of 18, may include written information,such local government applies for and that denying admittance to a project as papers,manuals,guides,and receives a new grant under this part to based on age and gender is no longer brochures;person-to-person exchanges; provide project-based rental assistance permissible.HUD encourages and training and related costs. and services,including case Continuums of Care to use their Therefore,as needed,HUD may management,intensive therapy centralized or coordinated assessment advertise and competitively select provided by a psychiatrist,and systems to find appropriate shelter or providers to deliver technical medication management.The recipient housing for families with male children assistance.HUD may enter into or subrecipient may establish a under the age of 18. contracts,grants,or cooperative preference for individuals who are Specific request for comment.HUD agreements to implement the technical chronically homeless.When filling an specifically seeks comments from assistance.HUD may also enter into opening in the housing,the recipient or Continuum of Care-funded recipients on agreements with other federal agencies subrecipient may target chronically this requirement.HUD invites when awarding technical assistance homeless individuals or families,but if comments about the difficulty that funds. there are no such individuals or families recipients are going to experience,if Recordkeeping requirements.Grant either on a waiting list or applying for any,in implementing this requirement. recipients under the Supportive entrance to the program,the recipient or In addition to comments about the Housing Program and the Shelter Plus subrecipient cannot deny occupancy to difficulties,HUD invites communities Care program have always been required individuals or families who apply for that have already implemented this to show compliance with regulations entrance into the program and who may requirement locally to describe their through appropriate records.However, benefit from the services provided. methods for use in HUD's technical the existing regulations are not specific When filling a vacancy in the housing, assistance materials and for posting on about the records to be maintained.The the recipient or subrecipient,if the HUD Homeless Resource Exchange. interim rule for the Continuum of Care presented with two otherwise eligible Other standards.In addition to the program elaborates upon the persons,one who is chronically program requirements described in this recordkeeping requirements to provide homeless and one who is not,may give preamble,the interim rule sets forth sufficient notice and clarify the a preference to the chronically homeless other program requirements by which documentation that HUD requires for individual. all recipients of grant funds must abide. assessing compliance with the program By comparison,§578.93(b)(6) These include a limitation on the use of requirements.The recordkeeping addresses situations where Continuum grant funds to serve persons defined as requirements for documenting homeless of Care funds are combined with HUD homeless under other federal laws, status were published in the December funding for housing that may be conflicts of interest standards,and 5,2011,Defining Homeless final rule. restricted to a specific disability.For standards for identifying uses of Because these recordkeeping example,if Continuum of Care funds for program income, requirements already went through a 60- a specific project are combined with Additionally,recipients are required day comment period,HUD is not construction or rehabilitation funding to follow other federal requirements seeking further comment on these for housing from the Housing contained in this interim rule under requirements.Additionally, Opportunities for People With AIDS §578.99.These include compliance recordkeeping requirements with program,the program may limit with such federal requirements as the similar levels of specificity apply to eligibility for the project to persons with Coastal Barriers Resources Act,OMB documentation of"at risk of HIV/AIDS and their families.An Circulars,HUD's Lead-Based Paint homelessness"and these requirements individual or a family that includes an regulations,and audit requirements. can be found in§576.500(c)of the individual with a disability may be The wording of these requirements has Emergency Solutions Grants program denied occupancy if the individual or at been substantially revised from previous interim rule published on December 5, least one member of the family does not , programs,with the objective being to 2011.Because the documentation have HIV/AIDS. increase clarity and comprehension of requirements pertaining to"at risk of In another example,a private, the directions to recipients and homelessness"were already subject to a nonprofit organization applies for and subrecipients in the use of grant funds. 60-day public comment period,HUD is receives Continuum of Care funds from Administration(Subpart GJ not seeking additional comment on a local governmental entity to these requirements.Further rehabilitate a five-unit building,and Technical assistance.The purpose of requirements are modeled after the provides services including assistance technical assistance under the recordkeeping requirements for the with daily living and mental health Continuum of Care program is to HOME Investment Partnerships Program services.While the nonprofit increase the effectiveness with which (24 CFR 92.508)and other HUD organization intends to target and Continuums of Care,eligible applicants, regulations. advertise the project as offering services recipients,subrecipients,and UFAs Included along with these changes are for persons with developmental implement and administer their new or expanded requirements disabilities,an individual with a severe Continuum of Care planning process. regarding confidentiality,rights of psychiatric disability who does not have Technical assistance will also improve access to records,record retention a developmental disability but who can the capacity to prepare applications, periods,and reporting requirements. benefit from these services cannot be and prevent the separation of families in Most significantly,to protect the safety denied. projects funded under the Emergency and privacy of all program participants, Section 578.93(e)incorporates the Solutions Grants,Continuum of Care, the Continuum of Care rule broadens "preventing involuntary family and Rural Housing Stability Assistance the program's confidentiality separation"requirement set forth in programs.Under this interim rule, requirements.The McKinney-Vento Act Section 404 of the McKinney-Veto Act technical assistance means the transfer requires only procedures to ensure the Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45439 confidentiality of records pertaining to III.Regulations for HUD Homeless procedures may be omitted,however,if any individual provided family violence Assistance Programs Existing Prior to HUD determines that,in a particular prevention or treatment services under Enactment of HEARTH Act case or class of cases,notice and public this program.The interim rule requires Because grants are still being comment procedure are"impracticable, written procedures to ensure the administered under the Shelter Plus unnecessary,or contrary to the public security and confidentiality of all Care program and the Supportive interest."(See 24 CFR 10.1.) records containing personally Housing program,the regulations for In this case,HUD has determined that identifying information of any it would be contrary to the public those programs in 24 CFR parts 582,and interest to delay promulgation of the individual or family who applies for y P g and/or receives Continuum of Care 583,respectively,will remain in the regulations for the Continuum of Care Code of Federal Regulations for the time ro ram.3 Congress has provided assistance. P g gr ass P being.When no more,or very few, Grant and project changes.The funding for this new program in the interim rule provides that recipients of grants remain under these programs, Consolidated and Further Continuing grants may not make any significant HUD will remove the regulations in Appropriations Act,2012(Pub.L, 112– these parts by a separate rule(if no changes to use of grant funds without 55,approved November 18,2011)(FY prior HUD approval,evidenced by a grants exist) or will replace them with 2012 Appropriations Act).The FY 2012 grant amendment signed by HUD and a savings clause,which will continue to Appropriations Act,under the account the recipient.The interim rule provides govern grant agreements executed prior for Homeless Assistance Grants, to the effective date of the HEARTH Act separate standards for determining re lotions. appropriates not less than$1,593 billion when a grant amendment is required for for the Continuum of Care and Rural Continuums having only one recipient, IV.Conforming Regulations Housing Stability programs.While including UFAs,and Continuums In addition to establishing the new many federal programs,including HUI) having more than one recipient. programs,received a reduction in Additionally,the interim rule provides regulations for the Continuum of Care funding in the FY 2012 Appropriations contingencies that must be met before program,HUD is amending the Act,Congress increased funding for HUD will approve the grant following regulations,which reference HUD's homeless assistance grants, amendment.These contingencies are the Shelter Plus Care Program and the including the Continuum of Care necessary to ensure that recipients meet Supportive Housing Program,to include program.Additionally,the Conference reference to the Continuum of Care the capacity requirements established in Report accompanying the FY 2012 the NOFA and to ensure that eligible program.These regulations are the Appropriations Act(House Report 112– persons within the geographic area are regulations pertaining to:(1)Family 284)states in relevant part,as follows: Income and Family Payment; "The conferees express concern that better served and,since the Continuum xP Occupancy Requirements for Section 8 HUD continued to implement re- of Care program is a competitive p p HUD- program,that the priorities established pre- and Public Housing,Other HUD- HEARTH grant programs in FY 2011, under the NOFA continue to be met. Assisted Housing Serving Persons with due to a lack of regulations.The Any changes to an approved grant or Disabilities,and Section 8 Project Based conferees direct HUD to publish at least project that do not require a grant Assistance,the regulations for which are interim guidelines for the Emergency amendment,as set forth in this section, in 24 CFR part 5,subpart F,specifically, Solutions Grants and Continuum of Care must be fully documented in the §5.601 (Purpose and Applicability), programs this fiscal year and to recipient's or subrecipient's records. paragraphs(d)and(e) of this section; implement the new grant programs as Sanctions.The interim rule §5.603 (Definitions),specifically the soon as possible so that the updated establishes sanctions based on existing definition of"Responsible Entity;" policies and practices in HEARTH can regulations and strengthens the §5.617(Self-Sufficiency Incentives for begin to govern the delivery of homeless enforcement procedures and array of Persons with Disabilities—Disallowance assistance funding."(See Conf.Rpt,at remedial actions and sanctions for of Increase in Annual Income), page 319.Emphasis added.)Given this recipients and subrecipients of paragraph(a)of this section;(2) congressional direction,HUD is issuing Continuum of Care funds.These Environmental Review Responsibilities this rule providing for regulations for revisions draw from the requirements at for Entities Assuming HUD the Continuum of Care program as an 24 CFR 85.43 and other HUD program Environmental.Responsibilities,the interim rule.Having interim regulations regulations. regulations for which are in 24 CFR part in place will allow HUD to move Close-out.The interim rule provides 58,specifically§58.1 (Purpose and forward in making FY 2012 funds that grants must be closed out at the end Applicability),paragraph(b)(3)of this available to grantees,and avoid a of their grant term if recipients are not section;and (3)the Consolidated significant delay that would result from seeking renewal. Section 578.109 of this Submissions for Community Planning issuance,first,of a proposed rule.As interim rule specifies the actions that and Development Programs,the must be taken after the closeout, regulations for which are in 24 CFR part management or personnel or to public property, including grantee submission of 91,specifically, §91.2(Applicability), loans,grants,benefits,or contracts are exempt from financial,final performance,or other paragraph(b)of this section. the advance notice and public comment requirement of sections 551(b)and(c)of the AM. reports required by HUD within 90 days V.Justification for Interim Rulemaking In its regulations in 24 CYR 10.1,HUD has waived of the end of the grant term.Any unused the exemption for advance notice and public funds must be deobligated and returned In accordance with its regulations on comment for matters that relate to public property, to HUD. rulemaking at 24 CFR part 10,HUD loans,grants,benefits,or contracts,and has The interim rule stipulates,for grants generally publishes its rules for advance rulemalc ngtfor a matnotice and comment seeking renewal,that failure to submit public comment.2 Notice and public 3 Although HUD's regulation in 24 CFR 10.1 final performance reports,or other provide that HUD will involve public participation reports required by HUD within 90 2 The Administrative Procedure Act(5 U.S.C. in its rulemaking,this regulation also provides that days,may cause renewal funds to be Subchapter II)(AM),which governs federal notice and public procedure will be omitted if HUD rulemaking,provides In section 553(a)that matters determines in a particular case or class of cases that withdrawn and grant funds expended involving a military or foreign affairs function of the notice and public procedure are impracticable, on the renewal grant to be repaid. United States or a matter relating to federal agency unnecessary,or contrary to the public interest. 45440 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations has been discussed in this preamble,the regulatory action,as provided under accordance with HUD regulations at 24 foundation for the Continuum of Care section 3(f)(1)of the Executive Order). CFR part 50,which implement section regulations is the criteria and As has been discussed in this 102(2)(C)of the National Environmental requirements provided in NOFAs for the preamble,this interim rule establishes Policy Act of 1969(42 U.S.C. Continuum of Care Homeless Assistance the regulations for the Continuum of 4332(2)(C)),The Finding of No Grants Competition program,which Care program,which is the HEARTH Significant Impact is available for public HUD has funded for more than 10 years. Act's codification of HUD's long- inspection between the hours of 8 a.m. Through the Continuum of Care standing Continuum of Care planning and 5 p.m.weekdays in the Regulations Homeless Assistance Grants process.The HEARTH Act not only Division,Office of General Counsel, Competition program,HUD provided codified in law the planning system Department of Housing and Urban funding for the Supportive Housing known as Continuum of Care,but Development,451 7th Street SW.,Room program,the Shelter Plus Care program, consolidated the three existing 10276,Washington,DC 20410-0500. and the Section 8 Moderate competitive homeless assistance grant Due to security measures at the HUD Rehabilitation Single Room Occupancy programs(Supportive Housing,Shelter Headquarters building,please schedule program.The HEARTH Act Plus Care,and Single Room Occupancy) an appointment to review the FONSI by consolidated these three competitive into the single grant program known as calling the Regulations Division at 202-- programs into the statutorily established the Continuum of Care program.As 708-3055(this is not a toll-free Continuum of Care program,which was discussed in the preceding section of number).Individuals with speech or established as a single grant program. the preamble,HUD funded these three hearing impairments may access this Interim regulations will provide programs for more than 10 years number via TTY by calling the Federal certainty with respect to funding through a NOFA,which was titled the Relay Service at 800-877-8339, requirements and eligible expenditures Continuum of Care Homeless Assistance Grants Competition Program.However, Unfunded Mandates Reform Act so l FY 2012,and the public comment the funding of the three competitive solicited through this interim rule will g p The Unfunded Mandates Reform Act help inform the public procedures that grant programs,although done through of 1995(2 U.S.C. 1531-1538)(UMRA) HUD is contemplating in its regulations a single NOFA,delineated the different establishes requirements for federal in 24 CFR part 10,and this public statutes and regulations that governed agencies to assess the effects of their comment,in turn,will inform the final each of the three programs(see,for regulatory actions on State,local,and rule that will follow this interim rule example,HUD's 2008 Continuum of tribal governments and on the private and govern the funding years following Care NOFA at 73 FR 398450, sector.This interim rule does not FY 2012. specifically page 39845).In impose a federal mandate on any State, consolidating these three competitive local,or tribal government,or on the For the reasons stated above,HUD is programs into a single grant program, g issuing this rule to take immediate the HEARTH Act achieves the private sector,within the meaning of effect,but welcomes all comments on UMRA• this interim rule and all comments will administrative efficiency that HUD be taken into consideration in the strived to achieve to the extent possible, Regulatory Flexibility Act development of the final rule, through its administrative establishment The Regulatory Flexibility Act(5 of the Continuum of Care planning VI.Findings and Certifications process.To the extent permitted by the U.S.C.601 et seq.)generally requires an toconduct g regulatory HEARTH Act and where feasible,the Regulatory Review—Executive Orders flexibility analysis of any rule subject to 12866 and 13563 regulations build-in flexibility for notice and comment rulemaking grantees,based on experience in Under Executive Order 12866 administering the Continuum of Care requirements,unless the agency certifies (Regulatory Planning and Review),a program to date.Given the transition that the rule will not have a significant determination must be made whether a from administrative operation of the economic impact on a substantial regulatory action is significant and, Continuum of Care program to statutory number of small entities.This rule therefore,subject to review by the Office operation of the Continuum of Care solely addresses the allocation and use of Management and Budget(OMB)in program,this interim rule would also of grant funds under the new accordance with the requirements of the have no discernible impact upon the McKinney-Vent°Act homeless order.Executive Order 13563 economy. assistance programs,as consolidated (Improving Regulations and Regulatory The docket file is available for public and amended by the HEARTH Act,As Review) directs executive agencies to inspection in the Regulations Division, discussed in the preamble,the majority analyze regulations that are"outmoded,. Office of the General Counsel,Room of the regulatory provisions proposed by ineffective,insufficient,or excessively 10276,451 7th Street SW.,Washington, this rule track the regulatory provisions burdensome,and to modify,streamline, DC 20410-0500.Due to security of the Continuum of Care program,with expand,or repeal them in accordance measures at the HUD Headquarters which prospective recipients of the with what has been learned."Executive building,please schedule an Supportive Housing program and the Order 13563 also directs that,where appointment to review the docket file by Shelter Plus Care program are familiar, relevant,feasible,and consistent with calling the Regulations Division at 202- Accordingly,the program requirements regulatory objectives,and to the extent 708-3055 (this is not a toll-free should raise minimal issues because permitted by law,agencies are to number).Individuals with speech or applicants and grantees are familiar identify and consider regulatory hearing impairments may access this with these requirements,and in approaches that reduce burdens and number via TTY by calling the Federal response to HUD's solicitations to them maintain flexibility and freedom of Relay Service at 800-877-8339. on the burden of the requirements for choice for the public.This rule was the Supportive Housing program and determined to be a"significant Environmental Impact the Shelter Plus Caie program,grantees regulatory action,"as defined in section A Finding of No Significant Impact have not advised that such requirements 3(f)of Executive Order 12866 (although (FONSI)with respect to the are burdensome.Therefore,HUD has not an economically significant environment has been made in determined that this rule would not Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45441 have a significant economic impact on substantial direct compliance costs on rule have been submitted to the Office a substantial number of small entities. State and local governments and is not of Management and Budget(OMB) Notwithstanding HUD's required by statute,or the rule preempts under the Paperwork Reduction Act of determination that this rule will not State law,unless the agency meets the 1995 (44 U.S.C. 3501-3520).In have a significant effect on a substantial consultation and funding requirements accordance with the Paperwork number of small entities,HUD of section 6 of the Executive Order.This Reduction Act,an agency may not specifically invites comments regarding final rule does not have federalism conduct or sponsor,and a person is not any less burdensome alternatives to this implications and does not impose required to respond to,a collection of rule that will meet HUD's objectives as substantial direct compliance costs on information,unless the collection described in this preamble. State and local governments nor displays a currently valid OMB control Executive Order 13132,Federalism preempts State law within the meaning number. of the Executive Order. Executive Order 13132(entitled The burden of the information "Federalism")prohibits an agency from Paperwork Reduction Act collections in this interim rule is publishing any rule that has federalism The information collection estimated as follows: implications if the rule either imposes requirements contained in this interim REPORTING AND RECORDKEEPING BURDEN Response Information collection Number of frequenc Total annual Burden hours Total annual respondents (average responses per response hours §578.5(a)Establishing the CoC 450 1 450 8.0 3,600 §578.5(b)Establishing the Board 450 1 450 5.0 2,250 §578.7(a)(1)Hold CoC Meetings 450 2 900 4.0 3,600 §578.7(a)(2)Invitation for New Members 450 1 450 1.0 450 §578.7(a)(4)Appoint committees 450 2 900 0.5 450 §578.7(a)(5)Governance charter 450 1 450 7.0 3,150 §578.7(a)(6)and(7)Monitor performance and evaluation 450 4 450 9.0 4,050 §578.7(a)(8) Centralized or coordinated assessment sys- tem 450 1 450 8.0 3,600 §578.7(a)(9)Written standards 450 1 450 5.0 2,250 §578.7(b)Designate HMIS 450 1 450 10.0 4,500 §578.9 Application for funds 450 1 450 180.0 81,000 §578.11(c)Develop CoC plan 450 1 450 9.0 4,050 §578.21(c)Satisfying conditions 8,000 1 8,000 4.0 32,000 §578.23 Executing grant agreements 8,000 1 8,000 1.0 8,000 §578.35(b)Appeal-solo 10 1 10 4.0 40 §578.35(c)Appeal-denied or decreased funding ..., 15 1 15 1.0 15 §578.35(d)Appeal-competing CoC 10 1 10 5,0 50 §578.35(e)Appeal-Consolidated Plan certification 5 1 5 2.0 10 §578.49(a)-Leasing exceptions 5 1 5 1.5 7.5 §578.65 HPC Standards 20 1 20 10.0 200 §578.75(a)(1) State and local requirements-appropriate service provision 7,000 1 7,000 0.5 3,500 §578.75(a)(1) State and local requirements-housing codes 20 1 20 3.0 60 §578.75(b)Housing quality standards 72,800 2 145,600 1.0 145,600 §578.75(b)Suitable dwelling size 72,800 2 145,600 0.08 11,648 §578.75(c)Meals 70,720 1 70,720 0.5 35,360 §578.75(e)Ongoing assessment of supportive services 8,000 1 8,000 1.5 12,000 §578.75(f)Residential supervision 6,600 3 19,800 0.75 14,850 §578.75(g)Participation of homeless individuals 11,500 1 11,500 1.0 11,500 §578.75(h)Supportive service agreements 3,000 100 30,000 0.5 15,000 §578.77(a)Signed leases/occupancy agreements 104,000 2 208,000 1.0 208,000 §578.77(b)Calculating occupancy charges 1,840 200 368,000 0.75 276,000 §578.77(c)Calculating rent 2,000 200 400,000 0.75 300,000 §578.81(a)Use restriction 20 1 20 0.5 10 §578.91(a)Termination of assistance 400 1 400 4.00 1,600 §578.91(b)Due process for termination of assistance 4,500 1 4,500 3.0 13,500 §578.95(d)-Conflict-of-Interest exceptions 10 1 10 3.0 30 §578.103(a)(3) Documenting homelessness 300,000 1 300,000 0.25 75,000 §578.103(a)(4) Documenting at risk of homelessness 10,000 1 10,000 0.25 2,500 §578.103(a)(5)Documenting Imminent threat of harm 200 1 200 0.5 100 §578.103(a)(7)Documenting program participant records 350,000 6 2,100,000 0.25 525,000 §578.103(a)(7)Documenting case management 8,000 12 96,000 1.0 96,000 §578.103(a)(13) Documenting faith-based activities 8,000 1 8,000 1.0 8,000 §578.103(b)Confidentiality procedures 11,500 1 11,500 1.0 11,500 §578.105(a)Grant/project changes-UFAs 20 2 40 2.0 80 §578.105(b)Grant/project changes-multiple project appli- cants 800 1 800 2.0 1,600 Total 1,921,710.5 45442 Federal Register/Vol• 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations • In accordance with 5 CFR programs-housing and community 578.87 Limitation on use of funds. 1320.8(d)(1),HUD is soliciting development,Supportive services. 578.89 Limitation on use of grant funds to comments from members of the public Accordingly,for the reasons described other persons defined as homeless under P g Y� other federal laws. and affected agencies concerning this in the preamble,HUD adds part 578 to 578.91 Termination of assistance to collection of information to: subchapter C of chapter V of subtitle B program participants. (1)Evaluate whether the proposed of 24 CFR to read as follows: 578.93 Fair Housing and Equal • collection of information is necessary Opportunity. for the proper performance of the PART 578-CONTINUUM OF CARE 578.95 Conflicts of interest. functions HUD,including whether the PROGRAM 578.97 Program income. g er 578.99 Applicability of other federal information will have practical utility; Subpart A-General Provisions requirements. (2)Evaluate the accuracy of HUD's Sec, Subpart G-Grant Administration estimate of the burden of the proposed 578.1 Purpose and scope. collection of information; 578.3 Definitions. 578,101 Technical assistance. (3)Enhance the quality,utility,and 578.103 Recordkeeping requirements. clarity of the information to be Subpart B-Establishing and Operating a 578.105 Grant and project changes. collected;and Continuum of Care 578.107 Sanctions. (4)Minimize the burden of the 578.5 Establishing the Continuum of Care. 578.109 Closeout. collection of information on those who 578.7 Responsibilities of the Continuum of Authority:42 U.S.C.11371 et seq.,42 are to respond,including through the 9 Care. U.S.C.3535(d). P g � 578.9 Preparing an application for funds. use of appropriate automated collection 578.11 Unified Funding Agency, Subpart A-General Provisions techniques or other forms of information 578.13 Remedial action. technology;e,g.,permitting electronic 578.1 Purpose and scope. Subpart C-Application and Grant Award (a)The Continuum of Care program is submission of responses. Process ( ) p Interested persons are invited to authorized by subtitle C of title IV of the 578.15 Eligible applicants. McICinue Vents Homeless Assistance submit comments regarding the 3'" 578,17 Overview of application and grant Act(42 U.S.C.11381-11389). information collection requirements in award process. this rule.Comments must refer to the 578.16 Application process. (b)The program is designed to: proposal by name and docket number 578.21 Awarding funds. (1)Promote communitywide (FR-5476-I.-01)and be sent to:HUD 578.23 Executing grant agreements. commitment to the goal of ending Desk Officer,Office of Management and 578.25 Site control, homelessness; Budget,New Executive Office Building, 578.27 Consolidated plan. (2)Provide funding for efforts by Washington,DC 20503,Fax:(202)395- 578.29 Subsidy layering. nonprofit providers,States,and local 6947,and Reports Liaison Officer, 578.31 Environmental review, governments to quickly rehouse Office of the Assistant Secretary for 578.33 Renewals. homeless individuals(including Y 578.35 Appeal. unaccompanied youth)and families, Community Planning and Development, • Department of Housing and Urban Subpart D-Program Components and while minimizing the trauma and Development,451 Seventh Street SW., Eligible Costs dislocation caused to homeless Room 7233,Washington,DC 20410- 578.37 Program components and uses of individuals,families,and communities 7000. assistance. by homelessness; Interested persons may submit 578.39 Continuum of Care planning (3)Promote access to and effective comments regarding the information activities, utilization of mainstream programs by g g 578.41 Unified Funding Agency costs. homeless individuals and families;and collection requirements electronically 578.43 Acquisition. (4)Optimize self-sufficiency among through the Federal eRulemalcing Portal 578.45 Rehabilitation. individuals and families experiencing . at http://www.regulations.gov.HUD 578.47 New construction. homelessness. strongly encourages commenters to 578.49 Leasing. submit comments electronically. 578.51 Rental assistance. §578.3 Definitions. Electronic submission of comments 578.53 Supportive services. As used in this part: 578.55 Operating costs. Act means the McICinne Vents allows the commenter maximum time to Y- prepare and submit a comment,ensures' 578.57ste Homeless Management Information Homeless Assistance Act as amended timely receipt by HUD,and enables 578.59 Project administrative costs, (42 U.S.C.11371 et seq.). HUD to make them immediately 578.61 Relocation costs. Annual renewal amount means the available to the public.Comments 578.63 Indirect costs. amount that a grant can be awarded on submitted electronically through the annual basis when renewed.It Subpart E-High-Performing Communities http://www.regulations.gov Web site can includes funds only for those eligible be viewed by other commenters and 578.65 Standards. activities(operating,supportive interested members of the public. 578.67 Publication of application. services,leasing,rental assistance, P 578.69 Cooperation among entities. Commenters should follow the 578.71 HPC-eligible activities. AMTS,and administration)that were instructions provided on that site to funded in the original grant(or the submit comments electronically. Subpart F-Program Requirements original grant as amended),less the in 24 CFR Part 578 578.73 Matching requirements. unrenewable activities(acquisition,new List of Subjects 578.75 General operations. construction,rehabilitation,and any Community facilities,Continuum of 578,77 Calculating occupancy charges and administrative costs related to these Care,Emergency solutions grants,Grant rent. activities). and community 578.79 Limitation on transitional housing. Applicant means an eligible applicant programs-housing Y 578.81 Term of commitment,repayment of that has been designated by the development, Grant program-social grants,and prevention of undue benefits. programs,Homeless,Rural housing, 578.83 Displacement,relocation,and Continuum of Care to apply for Reporting and recordkeeping acquisition. assistance under this part on behalf of requirements, Supportive housing 578.85 Timeliness standards. that Continuum. Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45443 At risk of homelessness. (1)An section,but qualifies as"homeless" part and that is composed of individual or family who: under section 725(2)of the McKinney- representatives of organizations, (i)Has an annual income below 30 Vento Homeless Assistance Act(42 including nonprofit homeless providers, percent of median family income for the U.S.C. 11434a(2)),and the parent(s)or victim service providers,faith-based area,as determined by HUD; guardian(s)of that child or youth if organizations,governments,businesses, (ii)Does not have sufficient resources living with her or him. advocates,public housing agencies, or support networks,e.g.,family, Centralized or coordinated school districts,social service providers, friends,faith-based or other social assessment system means a centralized mental health agencies,hospitals, networks,immediately available to or coordinated process designed to universities,affordable housing prevent them from moving to an coordinate program participant intake developers,law enforcement, emergency shelter or another place assessment and provision of referrals.A organizations that serve homeless and described in paragraph(1)of the centralized or coordinated assessment formerly homeless veterans, and "Homeless"definition in this section; system covers the geographic area,is homeless and formerly homeless and easily accessed by individuals and persons to the extent these groups are (iii)Meets one of the following families seeking housing or services,is represented within the geographic area conditions: well advertized,and includes a and are available to participate. (A)Has moved because of economic comprehensive and standardized Developmental disability means,as reasons two or more times during the 60 assessment tool. defined in section 102 of the days immediately preceding the Chronically homeless. (1)An Developmental Disabilities Assistance application for homelessness prevention individual who: and Bill of Rights Act of 2000(42 U.S.C. assistance; (i)Is homeless and lives in a place not 15002): (B)Is living in the home of another meant for human habitation,a safe (1)A severe,chronic disability of an because of economic hardship; haven,or in an emergency shelter;and individual that— (C)Has been notified in writing that (ii)Has been homeless and living or (i)Is attributable to a mental or their right to occupy their current residing in a place not meant for human physical impairment or combination of housing or living situation will be habitation,a safe haven,or in an mental and physical impairments; terminated within 21 days of the date of emergency shelter continuously for at (ii)Is manifested before the individual application for assistance; least one year or on at least four separate attains age 22; (D)Lives in a hotel or motel and the occasions in the last 3 years;and (iii)Is likely to continue indefinitely; cost of the hotel or motel stay is not paid (iii)Can be diagnosed with one or (iv)Results in substantial functional by charitable organizations or by more of the following conditions: limitations in three or more of the federal,State,or local government substance use disorder,serious mental following areas of major life activity: programs for low-income individuals; illness,developmental disability(as (A)Self-care; (E)Lives in a single-room occupancy defined in section 102 of the . (B)Receptive and expressive or efficiency apartment unit in which Developmental Disabilities Assistance language; there reside more than two persons,or Bill of Rights Act of 2000(42 U.S.C. (C)Learning; lives in a larger housing unit in which 15002)),post-traumatic stress disorder, (D)Mobility; there reside more than 1.5 people per cognitive impairments resulting from (E) Self-direction; room,as defined by the U.S.Census brain injury,or chronic physical illness (F)Capacity for independent living; Bureau; or disability; (G)Economic self-sufficiency. (F)Is exiting a publicly funded (2)An individual who has been (v)Reflects the individual's need for institution, or system of care(such as a residing in an institutional care facility, a combination and sequence of special, health-care facility,a mental health including a jail,substance abuse or interdisciplinary,or generic services, facility,foster care or other youth mental health treatment facility, individualized supports,or other forms facility,or correction program or hospital,or other similar facility,for of assistance that are of lifelong or institution);or fewer than 90 days.and met all of the extended duration and are individually (G)Otherwise lives in housing that criteria in paragraph(1)of this planned and coordinated. has characteristics associated with definition,before entering that facility; (2)An individual from birth to age 9, instability and an increased risk of or inclusive,who has a substantial homelessness,as identified in the (3)A family with an adult head of developmental delay or specific recipient's approved consolidated plan; household(or if there is no adult in the congenital or acquired condition,may (2)A child or youth who does not family,a minor head of household)who be considered to have a developmental qualify as"homeless"under this meets all of the criteria in paragraph(1) disability without meeting three or more section,but qualifies as"homeless" of this definition,including a family of the criteria described in paragraphs under section 387(3)of the Runaway whose composition has fluctuated while (1)(i)through(v)of the definition of and Homeless Youth Act(42 U.S.C. the head of household has been "developmental disability"in this 5732a(3)),section 637(11)of the Head homeless. section if the individual,without Start Act(42 U.S.C.9832(11)),section Collaborative applicant means the services and supports,has a high 41403(6)of the Violence Against eligible applicant that has been probability of meeting these criteria Women Act of 1994(42 U.S.C. 14043e– designated by the Continuum of Care to later in life. 2(6)),section 330(h)(5)(A)of the Public apply for a grant for Continuum of Care Eligible applicant means a private Health Service Act(42 U.S.C. planning funds under this part on behalf nonprofit organization,State,local 254b(h)(5)(A)),section 3(m)of the Food of the Continuum. government,or instrumentality of State and Nutrition Act of 2008(7 U.S.C. Consolidated plan means the HUD- and local government. 2012(m)),or section 17(b)(15)of the approved plan developed in accordance CFR yy shelter is defined in 24 Child Nutrition Act of 1966(42 U.S.C, with 24 CFR 91. part 1786(b)(15));or , Continuum of Care and Continuum Emergency Solutions Grants(ESG) (3)A child or youth who does not means the group organized to carry out means the grants provided under 24 qualify as"homeless"under this the responsibilities required under this CFR part 576. 45444 Federal Register/Vol, 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations Fair Market Rent(FAIR)means the (ii)Have not had a lease,ownership Point-in-time count means a count of Fair Market Rents published in the interest,or occupancy agreement in sheltered and unsheltered homeless Federal Register annually by HUD. permanent housing at any time during persons carried out on one night in the , High-performing community(HPC) the 60 days immediately preceding the last 10 calendar days of January or at means a Continuum of Care that meets date of application for homeless such Private nonprofit as organization quir by HUD. the standards in subpart E of this part assistance; and has been designated as a high- (iii)Have experienced persistent an organization: performing community by HUD. instability as measured by two moves or (1)No part of the net earnings of Homeless means: more during the 60-day period which inure to the benefit of any (1)An individual or family who lacks immediately preceding the date of member,founder,contributor,or a fixed,regular,and adequate nighttime applying for homeless assistance;and individual; residence,meaning: (iv)Can be expected to continue in (2)That has a voluntary board; (i)An individual or family with a such status for an extended period of (3)That has a functioning accounting primary nighttime residence that is a time because of chronic disabilities; system that is operated in accordance public or private place not designed for chronic physical health or mental health with generally as designated aaccounting or ordinarily used as a regular sleeping conditions;substance addiction; accommodation for human beings, histories of domestic violence or agent that will maintain a functioning including a car,park,abandoned childhood abuse(including neglect);the accounting system for the organization building,bus or train station,airport,or presence of a child or youth with a in accordance with generally accepted camping ground; disability;or two or more barriers to accounting principles;and (ii)An individual or family living in employment,which include the lack of (4)That provision sion of as ondiscrrimination a supervised publicly or privately a high school degree or General A pnvov nonprofit organization does operated shelter designated to provide Education Development(GED), temporary living arrangements illiteracy,low English proficiency,a not include governmental organizations, history of incarceration or detention for such as public housing agencies. transitional (including congregate and hotels criminal activity,and a history of Program participant means an transitional housing,and hotels and Y ry individual(including an motels paid for by charitable unstable employment;or i unaccompanied anied onto)or family who is organizations or by federal,State,or (4)Any individual or family who: P Y local government programs for low- (i)Is fleeing,or is attempting to flee, assisted with Continuum of Care domestic violence,dating violence, program funds. income individuals);or sexual assault,stalking,or other Project means a group of eligible (iii)An individual who is exiting an dangerous or life-threatening conditions activities,such as HIvIIS costs,identified institution where he or she resided for that relate to violence against the as a project in an application to HUD for 90 days or less and who resided in an of Care funds and includes emergency shelter.or place not meant individual or a family member, including a child,that has either taken a structure(or structures)that is(are) for human habitation immediately place within the individual's or family's acquired,rehabilitated,constructed,or before entering that institution; primary nighttime residence or has leased with assistance provided under (2)An individual or family who will made the individual or family afraid to this part or with respect to which HUD imminently lose their primary nighttime return to their primary nighttime provides rental assistance or annual residence,provided that: residence; payments for operating costs,or (1)The primary nighttime residence (ii)Has no other residence;and supportive services under this subtitle. will be lost within 14 days of the date (iii)Lacks the resources or support Recipient means an applicant that of application for homeless assistance; networks,e.g.,family,friends,and faith- signs a grant agreement with HUD. (ii)No subsequent residence has been based or other social networks,to obtain Safe haven means,for the purpose of identified;and other permanent housing, defining chronically homeless, (iii)The individual or family lacks the Homeless Management Information supportive housing that meets the resources or support networks,e.g., System(HMIS)means the information following: family,friends, faith-based or other system designated by the Continuum of (1)Serves hard to reach homeless social networks,needed to obtain other Care to comply with the HMIS persons with severe mental illness who permanent housing; requirements prescribed by HUD. came from the streets and have been (3)Unaccompanied youth under 25 HMIS Lead means the entity unwilling or unable to participate in years of'age, or families with children designated by the Continuum of Care in supportive services; and youth,who do not otherwise accordance with this part to operate the (2)Provides 24-hour residence for qualify as homeless under this Continuum's HMIS on its behalf. eligible persons for an unspecified definition,but who: Permanent housing means period; (i)Are defined as homeless under community-based housing without a (3)Has an overnight capacity limited • section 387 of the Runaway and designated length of stay,and includes to 25 or fewer persons;and Homeless Youth Act(42 U.S,C.5732a), both permanent supportive housing and (4)Provides low-demand services and section 637 of The Head Start Act(42 rapid rehousing.To be permanent referrals for the residents. U.S.C. 9832),section 41403 of the housing,the program participant must State means each of the 50 States,the Violence Against Women Act of 1994 be the tenant on a lease for a term of at District of Columbia,the (42 U.S.C.14043e-2),section 330(h) of least one year,which is renewable for Commonwealth of Puerto Rico, the Public Health Service Act(42 U.S.C, terms that are a minimum of one month American Samoa,Guam,the 254b(h)),section 3 of the Food and long,and is terminable only for cause. Commonwealth of the Northern' Nutrition Act of 2008(7 U,S.C. 2012), Permanent supportive housing means Marianas,and the Virgin Islands. section 17(b) of the Child Nutrition Act permanent housing in which supportive Subrecipient means a private of 1966 (42 U.S.C. 1786(b)),or section services are provided to assist homeless nonprofit organization,State,local 725 of the McKinney-Vento Homeless persons with a disability to live government,or instrumentality of State Assistance Act(42 U.S.C. 11434a); independently. or local government that receives a Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45445 subgrant from the recipient to carry out to comply with the requirements of Continuum of Care assistance.At a a project. paragraph(b)of this section. minimum,these written standards must Transitional housing means housing, include: where all program participants have §578.7 Responsibilities of the Continuum (1)Policies and procedures for signed a lease or occupancy agreement, of Care. evaluating individuals'and families' the purpose of which is to facilitate the (a) Operate the Continuum of Care. eligibility for assistance under this part; movement of homeless individuals and The Continuum of Care must: (ii)Policies and procedures for families into permanent housing within (1)Hold meetings of the full determining and prioritizing which 24 months or such longer period as membership,with published agendas,at eligible individuals and families will HUD determines necessary.The least semi-annually receive transitional housing assistance; program participant must have a lease (2)Make an invitation for new (iii)Policies and procedures for or occupancy agreement for a term of at members to join publicly available determining and prioritizing which least one month that ends in 24 months within the geographic at least annually; eligible individuals and families will (3)Adopt and follow a written receive rapid rehousing assistance; and cannot be extended, process to select a board to act on behalf P g Unified Funding Agency(UFA)means p (iv)Standards for determining what g g Y of the Continuum of Care.The process percentage or amount of rent each an eligible applicant selected by the must be reviewed,updated,and program participant must pay while Continuum of Care to apply for a grant approved by the Continuum at least receiving rapid rehousing assistance; for the entire Continuum,which has the once every 5 years; (v)Policies and procedures for capacity to carry out the duties in (4)Appoint additional committees, determining and prioritizing which §578,11(b),which is approved by HUD subcommittees,or workgroups; eligible individuals and families will and to which HUD awards a grant. (5)In consultation with the receive permanent supportive housing Victim service provider means a collaborative applicant and the HMIS assistance;and private nonprofit organization whose Lead,develop,follow,and update (vi)Where the Continuum is primary mission is to provide services annually a governance charter,which designated a high-performing to victims of domestic violence,dating will include all procedures and policies community,as described in subpart G of violence,sexual assault,or stalking. needed to comply with subpart B of this this part,policies and procedures set This term includes rape crisis centers, part and with HMIS requirements as forth in 24 CFR 576.400(e)(3)(vi), battered women's shelters,domestic prescribed by HUD;and a code of (e)(3)(vii),(e)(3)(viii),and(e)(3)(ix). violence transitional housing programs, conduct and recusal process for the (b)Designating and operating an and other programs. board,its chair(s),and any person acting HMIS.The Continuum of Care must: Subpart B—Establishing and on behalf of the board; (1)Designate a single Homeless P 9 (5)Consult with recipients and Management Information System Operating a Continuum of Care subrecipients to establish performance targets appropriate for o population and (HMIS)for the geographic area; §578.5 Establishing the Continuum of g P P (2)Designate an eligible applicant to Care. program type,monitor recipient and manage the Continuum's HMIS,which (a) The Continuum of Care. subrecipient performance,evaluate will be known as the HMIS Lead; Representatives from relevant outcomes,and take action against poor (3)Review,revise,and approve a organizations within a geographic area performers; privacy plan,security plan,and data (7)Evaluate outcomes of projects quality plan for the HMIS. shall establish a Continuum of Care for funded under the Emergency Solutions (4)Ensure consistent participation of the geographic area to carry out the Grants ro ram and the Continuum of p g recipients and subrecipients in the duties of this part.Relevant organizations include nonprofit Care program,and report to HUD; HMIS;and homeless assistance providers,victim (8)In consultation with recipients of (5)Ensure the HMIS is administered service providers,faith boded Emergency Solutions Grants program in compliance with requirements funds within the geographic area, prescribed by HUD. organizations,governments,businesses, establish and operate either a (c)Continuum of Care planning.The advocates,public housing agencies, centralized or coordinated assessment Continuum must develop a plan that school districts,social service providers, system that provides an initial, includes: mental health agencies,hospitals, comprehensive assessment of the needs (1)Coordinating the implementation universities,affordable housing of individuals and families for housing of a housing and service system within developers,law enforcement,and and services.The Continuum must its geographic area that meets the needs organizations that serve veterans and develop a specific policy to guide the of the homeless individuals(including homeless and formerly homeless operation of the centralized or individuals. P unaccompanied youth)and families,At (b) The board.The Continuum of Care coordinated assessment system on how a minimum,such system encompasses its system will address the needs of the following: must establish a board to act on behalf individuals and families who are (i)Outreach,engagement,and of the Continuum using the process fleeing,or attempting to flee,domestic assessment; established as a requirement by violence,dating violence,sexual (ii)Shelter,housing,and supportive §578.7(a)(3)and must comply with the assault,or stalking,but who are seeking services; conflict-of-interest requirements at shelter or services from nonvictim (iii)Prevention strategies. §578.95(b). The board must: service providers.This system must (2)Planning for and conducting,at (1)Be representative of the relevant comply with any requirements least biennially,a point-in-time count of organizations and of projects serving established by HUD by Notice. homeless persons within the geographic homeless subpopulations;and (9)In consultation with recipients of area that meets the following (2)Include at least one homeless or Emergency Solutions Grants program requirements: formerly homeless individual. funds within the geographic area, (i)Homeless persons who are living in (c) Transition.Continuums of Care establish and consistently follow a place not designed or ordinarily used shall have 2 years after August 30, 2012 written standards for providing as a regular sleeping accommodation for 45446 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 20121 Rules and Regulations humans must be counted as unsheltered §578.11 Unified Funding Agency. collaborative applicant and give them homeless persons. (a)Becoming a Unified Funding an opportunity to respond. (ii)Persons living in emergency Agency.To become designated as the Subpart C—Application and Grant shelters and transitional housing Unified Funding Agency(UFA)for a SSubpubpa Process projects must be counted as sheltered Continuum,a collaborative applicant homeless persons. must be selected by the Continuum to §578.15 Eligible applicants. (iii)Other requirements established apply to HUD to be designated as the (a) Who may apply.Nonprofit by HUD by Notice. UFA for the Continuum. organizations,States,local governments, (3)Conducting an annual gaps (b)Criteria for designating a UFA. and instrumentalities of State or local analysis of the homeless needs and HUD will consider these criteria when governments are eligible to apply for services available within the geographic deciding whether to designate a grants. area; collaborative applicant a UFA; �(b)Designation by the Continuum of (4)Providing information required to (1)The Continuum of Care it Care.Eligible applicant(s)must have complete the Consolidated Plan(s) represents meets the requirements in been designated by the Continuum of within the Continuum's geographic §578.7; Care to submit an application for grant area; (2)The collaborative applicant has funds under this part.The designation (5)Consulting with State and local financial management systems that meet must state whether the Continuum is government Emergency Solutions the standards set forth in 24 CFR 84.21 designating more than one applicant to Grants program recipients within the (for nonprofit organizations)and 24 CFR apply for funds and,if it is,which Continuum's geographic area on the 85.20 (for States); applicant is being designated as the plan for allocating Emergency Solutions (3)The collaborative applicant collaborative applicant.If the Grants program funds and reporting on demonstrates the ability to monitor Continuum is designating only one and evaluating the performance of subrecipients;and applicant to apply for funds,the Emergency Solutions Grants program (4)Such other criteria as HUD may Continuum must designate that recipients and subrecipients. establish by NOFA. applicant to be the collaborative (c)Requirements.HUD-designated applicant. §578.9 Preparing an application for funds. UFAs shall: a p(pc)Exclusion.For-profit entities are (a)The Continuum must: (1)Apply to HUD for funding for all not eligible to apply for grants or to be (1)Design,operate,and follow a of the projects within the geographic subrecipients of grant funds. collaborative process for the area and enter into a grant agreement development of applications and with HUD for the entire geographic area. §578.17 Overview of application and grant approve the submission of applications (2)Enter into legally binding award process. in response to a NOFA published by agreements with subrecipients,and (a)Formula.(1)After enactment of the HUD under§578.19 of this subpart; receive and distribute funds to annual appropriations act for each fiscal (2)Establish priorities for funding subrecipients for all projects within the year,and issuance of the NOFA,HUD projects in the geographic area; geographic area. will publish,on its Web site,the (3)Determine if one application for (3)Require subrecipients to establish Preliminary Pro Rata Need(PPRN) funding will be submitted for all fiscal control and accounting assigned to metropolitan cities,urban projects within the geographic area or if procedures as necessary to assure the counties,and all other counties. more than one application will be proper disbursal of and accounting for (2)HUD will apply the formula used submitted for the projects within the federal funds in accordance with the to determine PPRN established in geographic area; requirements of 24 CFR parts 84 and 85 paragraph(a)(3)of this section,to the (i)If more than one application will and corresponding OMB circulars. amount of funds being made available be submitted,designate an eligible (4)Obtain approval of any proposed under the NOFA.That amount is applicant to be the collaborative grant agreement amendments by the calculated by; applicant that will collect and combine Continuum of Care before submitting a (I)Determining the total amount for the required application information request for an amendment to HUD. the Continuum of Care competition in from all applicants and for all projects accordance with section 413 of the Act within the geographic area that the §578.13 Remedial action. or as otherwise directed by the annual Continuum has selected funding.The (a)If HUD finds that the Continuum appropriations act; collaborative applicant will also apply of Care for a geographic area does not (ii)From the amount in paragraph for Continuum of Care planning meet the requirements of the Act or its (a)(2)(i)of this section,deducting the activities.If the Continuum is an implementing regulations,or that there amount published in the NOFA as being eligible applicant,it may designate is no Continuum for a geographic area, set aside to provide a bonus to itself; HUD may take remedial action to ensure geographic areas for activities that have (ii)If only one application will be fair distribution of grant funds within proven to be effective in reducing submitted,that applicant will be the the geographic area.Such measures may homelessness generally or for specific collaborative applicant and will collect include: subpopulations listed in the NOFA or and combine the required application (1)Designating a replacement achieving homeless prevention and information from all projects within the Continuum of Care for the geographic independent living goals established in geographic area that the Continuum has area; the NOFA and to meet policy priorities selected for funding and apply for (2)Designating a replacement set in the NOFA;and Continuum of Care planning activities; collaborative applicant for the (iii)Deducting the amount of funding (b)The Continuum retains all of its Continuum's geographic area;and necessary for Continuum of Care responsibilities,even if it designates one (3)Accepting applications from other planning activities and UFA costs. or more eligible applicants other than eligible applicants within the (3)PPRN is calculated on the amount itself to apply for funds on behalf of the Continuum's geographic area. determined under paragraph(a)(2)of Continuum. This includes approving (b)HUD must provide a 30-day prior this section by using the following the Continuum of Care application, written notice to the Continuum and its formula: Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45447 (i)Two percent will be allocated is the base for the maximum award months in the case of funds for among the four insular areas(American amount for the Continuum. acquisition,rehabilitation,or new Samoa,Guam,the Commonwealth of (4)Establishing the maximum award construction.The 12-month deadline the Northern Marianas,and the Virgin amount.The maximum award amount may be extended by HUD for up to 12 Islands)on the basis of the ratio of the for the Continuum is the FPRN amount additional months upon a showing of population of each insular area to the plus any additional eligible amounts for compelling reasons for delay due to population of all insular areas. Continuum planning;UFA costs; factors beyond the control of the (iii)Seventy-five percent of the adjustments to leasing,operating and recipient or subrecipient. remaining amount will be allocated, rental assistance line items based on using the Community Development changes to FMR;and available bonuses. §578.23 Executing grant agreements. Block Grant(CDBG)formula,to (a)Deadline.No later than 45 days metropolitan cities and urban counties §578.19 Application process. from the date when all conditions are that have been funded under either the (a)Notice of Funding Availability. satisfied,the recipient and HUD must Emergency Shelter Grants or Emergency After enactment of the annual execute the grant agreement. Solutions Grants programs in any one appropriations act for the fiscal year, (b) Grant agreements.(1)Multiple year since 2004. HUD will issue a NOFA in accordance applicants for one Continuum.If a (iii)The amount remaining after the with the requirements of 24 CFR part 4. Continuum designates more than one allocation under paragraphs(a)(1)and (b)Applications.All applications to applicant for the geographic area,HUD (2)of this section will be allocated, HUD,including applications for grant will enter into a grant agreement with using the CDBG formula,to funds and requests for designation as a each designated applicant for which an metropolitan cities and urban counties UFA or HPC,must be submitted at such award is announced. that have not been funded under the time and in such manner as HUD may (2)One applicant for a Continuum.If Emergency Solutions Grants program in require,and contain such information as a Continuum designates only one any year since 2004 and all other HUD determines necessary.At a applicant for the geographic area,after counties in the United States and Puerto minimum,an application for grant awarding funds,HUD may enter into a Rico. funds must contain a list of the projects grant agreement with that applicant for (4)If the calculation in paragraph for which it is applying for funds;a new awards,if any,and one grant (a)(2)of this section results in an description of the projects;a list of the agreement for renewals,Continuum of amount less than the amount required to projects that will be carried out by Care planning,and UFA costs,if any. renew all projects eligible for renewal in subrecipients and the names of the These two grants will cover the entire that year for at least one year,after subrecipients;a description of the geographic area.A default by the making adjustments proportional to subpopulations of homeless or at risk of recipient under one of those grant increases in fair market rents for the homelessness to be served by projects; agreements will also be a default under geographic area for leasing,operating, the number of units to be provided and/ the other. and rental assistance for permanent or the number of persons to be served (3) Unified Funding Agencies.If a housing,HUD will reduce, by each project;a budget request by Continuum is a UFA that HUD has proportionately,the total amount project;and reasonable assurances that approved,then HUD will enter into one required to renew all projects eligible the applicant,or the subrecipient,will grant agreement with the UFA for new for renewal in that year for at least one own or have control of a site for the awards,if any,and one grant agreement year,for each Continuum of Care.HUD proposed project not later than the for renewals,Continuum of Care will publish,via the NOFA,the total expiration of the 12-month period planning and UFA costs,if any. These dollar amount that every Continuum beginning upon notification of an award two grants will cover the entire will be required to deduct from renewal for grant assistance. geographic area.A default by the UFA projects Continuum-wide, under one of those grant agreements (b) Calculating a Continuum of Care's §578.21 Awarding funds. g maximum award amount.(1)Establish (a)Selection.HUD will review will also be a default under the other. the PPRN amount.First,HUD will total applications in accordance with the (c)Required agreements.Recipients the PPRN amounts for each guidelines and procedures provided in will be required to sign a grant metropolitan city,urban county,other the NOFA and will award funds to agreement in which the recipient agrees: county,and insular area claimed by the recipients through a national (1)To ensure the operation of the Continuum as part of its geographic competition based on selection criteria Project(s)in accordance with the area,excluding any counties applying as defined in section 427 of the Act, provisions of the McKinney-Veto Act for or receiving funding from the Rural (b)Announcement of awards.HUD and all requirements under 24 CFR part Housing Stability Assistance program will announce awards and notify 578; under 24 CFR part 579. selected applicants of any conditions (2)To monitor and report the progress (2)Establishing renewal demand. imposed on awards.Conditions must be of the project(s)to the Continuum of Next,HUD will determine the renewal satisfied before HUD will execute a Care and HUD; demand within the Continuum's grant agreement with the applicant. (3)To ensure,to the maximum extent geographic area. Renewal demand is the (c)Satisfying conditions.HUD will practicable,that individuals and sum of the annual renewal amounts of withdraw an award if the applicant does families experiencing homelessness are all projects within the Continuum not satisfy all conditions imposed on it. involved,through employment, eligible to apply for renewal in that Correcting all issues and conditions provision of volunteer services,or fiscal year's competition,before any attached to an award must be completed otherwise,in constructing, adjustments to rental assistance,leasing, within the time frame established in the rehabilitating,maintaining,and and operating line items based on FMR NOFA.Proof of site control,match, operating facilities for the project and in changes. environmental review,and the providing supportive services for the (3)Establishing FPRN,The higher of documentation of financial feasibility project; PPRN or renewal demand for the must be completed within 12 months of (4)To require certification from all Continuum of Care is the FPRN,which the announcement of the award,or 24 subrecipients that: 45448 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (i)Subrecipients will maintain the meets HUD's minimum requirements ensure that the project is operated in confidentiality of records pertaining to and the victim service provider uses compliance with law and regulation for any individual or family that was that system instead; 15 years from the date of initial provided family violence prevention or (10)To follow the written standards occupancy or initial service provision. treatment services through the project; for providing Continuum of Care The partnership or corporation must (ii)The address or location of any assistance developed by the Continuum own the project site throughout the 15- family violence project assisted under of Care,including the minimum year period.If grant funds were not used this part will not be made public,except requirements set forth in§578.7(a)(9); for acquisition,rehabilitation,or new with written authorization of the person (11)Enter into subrecipient construction,then the recipient or responsible for the operation of such agreements requiring subrecipients to subrecipient must maintain control for project; operate the project(s)in accordance the term of the grant agreement and any (iii)Subrecipients will establish with the provisions of this Act and all renewals thereof. policies and practices that are consistent requirements under 24 CFR part 578; §578.27 Consolidated plan. with,and do not restrict,the exercise of and rights provided by subtitle B of title VII (12)To comply with such other terms (a)States or units of general local of the Act and other laws relating to the and conditions as HUD may establish by government.An applicant that is a State provision of educational and related NOFA. or a unit of general local government services to individuals and families must have a HUD-approved,complete experiencing homelessness; §578.25 Site control. or abbreviated,consolidated plan in (iv)In the case of projects that provide (a)In general.When grant funds will accordance with 24 CFR part 91.The housing or services to families,that be used for acquisition,rehabilitation, applicant must submit a certification subrecipients will designate a staff new construction,operating costs,or to that the application for funding is person to be responsible for ensuring provide supportive services,the consistent with the HUD-approved that children being served in the recipient or subrecipient must consolidated plan(s)for the program are enrolled in school and demonstrate that it has site control jurisdiction(s)in which the proposed connected to appropriate services in the within the time frame established in project will be located.Funded community,including early childhood . section§578.21 before HUD will applicants must certify in a grant programs such as Head Start,part C of execute a grant agreement.This agreement that they are following the the Individuals with Disabilities requirement does not apply to funds HUD-approved consolidated plan. Education Act,and programs authorized used for housing that will eventually be (b)Other applicants.Applicants that under subtitle B of title VII of the Act; owned or controlled by the individuals are not States or units of general local (v)The subrecipient,its officers,and or families served or for supportive government must submit a certification employees are not debarred or services provided at sites not operated by the jurisdiction(s)in which the suspended from doing business with the by the recipient or subrecipient. proposed project will be located that the Federal Government;and (b)Evidence.Acceptable evidence of applicant's application for funding is (vi)Subrecipients will provide site control is a deed or lease.If grant consistent with the jurisdiction's HUD- information,such as data and reports,as funds will be used for acquisition, approved consolidated plan.The required by HUD;and acceptable evidence of site control will certification must be made by the unit (5)To establish such fiscal control be a purchase agreement.The owner, of general local government or the State, and accounting procedures as may be lessee,and purchaser shown on these in accordance with the consistency necessary to assure the proper disbursal documents must be the selected certification provisions under 24 CFR of,and accounting for grant funds in applicant or intended subrecipient part 91,subpart F.If the jurisdiction order to ensure that all financial identified in the application for refuses to provide a certification of transactions are conducted,and records assistance. consistency,the applicant may appeal maintained in accordance with (c) Tax credit projects.(1)Applicants to HUD under§578.35. generally accepted accounting that plan to use the low-income housing (c) Timing of consolidated plan principles,if the recipient is a UFA; tax credit authorized under 26 U.S.C.42 certification submissions.The required (6)To monitor subrecipient match to finance a project must prove to HUD's certification that the application for and report on match to HUD; satisfaction that the applicant or funding is consistent with the HUD- (7)To take the educational needs of subrecipient identified in the approved consolidated plan must be children into account when families are application is in control of the limited submitted by the funding application placed in housing and will,to the partnership or limited liability submission deadline announced in the maximum extent practicable,place corporation that has a deed or lease for NOFA. families with children as close as the project site. y 578.29 Subsidy layering. possible to their school of origin so as (i)To have control of the limited §578.29 may id la assistance under not to disrupt such children's partnership,the applicant or y education; subrecipient must be the general partner this program only in accordance with - (8)To monitor subrecipients at least of the limited partnership or have a 51 HUD subsidy layering requirements in annually; percent controlling interest in that section 102 of the Housing and Urban (9)To use the centralized or 'general partner. Development Reform Act of 1989(42 coordinated assessment system (ii)To have control of the limited U.S.C.3545)and 24 CFR part 4,subpart established by the Continuum of Care as liability company,the applicant or A.An applicant must submit set forth in§578.7(a)(8).A victim subrecipient must be the sole managing information in its application on other service provider may choose not to use member. sources of governmental assistance that the Continuum of Care's centralized or (2)If grant funds are to be used for the applicant has received,or coordinated assessment system, acquisition,rehabilitation,or new reasonably expects to receive,for a provided that victim service providers construction,the recipient or proposed project or activities.HUD's in the area use a centralized or subrecipient must maintain control of review of this information is intended to coordinated assessment system that the partnership or corporation and must prevent excessive public assistance for Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45449 proposed project or activities by (ii)Up to 100 percent of the amount §57[3.35 Appeal. combining(layering)assistance under for leasing and operating in the final (a)In general.Failure to follow the this program with other governmental year of the prior funding period procedures or meet the deadlines housing assistance from federal,State, adjusted in proportion to changes in the established in this section will result in or local agencies,including assistance FMR for the geographic area;and denial of the appeal. such as tax concessions or tax credits. (iii)For rental assistance,up to 100 (b)Solo applicants.(1) Who may percent of the result of multiplying the appeal.Nonprofits,States,and local §578.31 Environmental review. governments,and instrumentalities of number and unit size(s)in the grant State or local governments that (a)Activities under this part are agreement by the number of months in g subject to environmental review by the renewal grant term and the attempted to participate in the HUD under 24 CFR part 50.The applicable FMR. Continuum of Care planning process in recipient or subrecipient shall supply the geographic area in which they P P PP Y (d)Review criteria. (1)Awards made all available,relevant information operate,that believe they were denied necessary for HUD to perform,for each under title N of the Act,as in effect the right to participate in a reasonable ro ert ,any environmental review before August 30,2012 are eligible for manner,and that submitted a solo P P Y Y renewal in the Continuum of Care required by 24 CFR part 50.The program even if the awardees would not application deadline established in the recipient or subrecipient must carry out be eligible for a new grant under the NOFA,may appeal the decision of the mitigating measures required by HUD or Y pP select an alternate eligible property. program,so long as they continue to Continuum to HUD. HUD may eliminate from consideration serve the same population and the same (2)Notice of intent to appeal.The any application that would require an number of persons or units in the same solo applicant must submit a written Environmental Impact Statement. type of housing as identified in their notice of intent to appeal,with a copy most recently amended grant agreement to the Continuum,with their funding (b)The recipient or subrecipient,its signed before August 30,2012.Grants application. project partners,and their contractors will be renewed if HUD receives a (3)Deadline for submitting proof.No may not acquire,rehabilitate,convert, certification from the Continuum that later than 30 days after the date that lease,repair,dispose of,demolish,or there is a demonstrated need for the HUD announces the awards,the solo construct property for a project under project,and HUD finds that the project applicant shall submit in writing,with this part,or commit or expend HUD or complied with program requirements a copy to the Continuum,all relevant local funds for such eligible activities applicable before August 30,2012.For evidence supporting its claim,in such under this part,until HUD has purposes of meeting the requirements of manner as HUD may require by Notice. performed an environmental review this part,a project will continue to be (4)Response from the Continuum of under 24 CFR part 50 and the recipient administered in accordance with 24 Care.The Continuum shall have 30 days or subrecipient has received HUB CFR 582.330,if the project received from the date of its receipt of the solo approval of the property. funding under the Shelter Plus Care applicant's evidence to respond to HUD §578.33 Renewals. program,or 24 CFR 583.325,if the in writing and in such manner as HUT) project received funding under the may require,with a copy to the solo (a)In general.Awards made under this part and title IV of the Act,as in Supportive Housing Program. applicant. effect before August 30,2012(the (2)Renewal of awards made after (5)Decision.HUD will notify the solo Supportive Housing Program and the August 30,2012.Review criteria for applicant and the Continuum of its Shelter Plus Care program),may be competitively awarded renewals made decision within 60 days of receipt of the renewed to continue ongoing leasing, after August 30,2012 will be described Continuum's response. o erations,su ortive services,rental in the NOFA. (6)Funding.If HUD finds that the solo as istance,HMIS,and administration (e) Unsuccessful projects.HUD may applicant was not permitted to beyond the initial funding period.To be renew a project that was eligible for participate process Coo reasonable i fC� considered for funding,recipients must renewal in the competition and was part planning manner, HUD may award a grant submit a request in a form specified by of an application that was not funded the solo then y an and a grrant HUD,must meet the requirements of despite having been submitted on time, become evadable and may direct the this part,and must submit the request in the manner required by HUD,and become of available to may remedial within the time frame established by containing the information required by Continuum to ensure reasonable participation HUD HUD,upon a finding that the project steps p P (b)Length of renewal.HUD may meets the purposes of the Continuum of in the future.HUD may also reduce the f Y Care program.The renewal will not award to the Continuum's applicant(s). award up to 3 years of funds for P g (c)Denied or decreased funding.(1) supportive services,leasing,HMIS,and exceed more than one year and will be Who may appeal.Eligible applicants operating costs.Renewals of tenant- under such conditions as HUD deems that are denied funds by HUD,or that based and sponsor-based rental appropriate. requested more funds than HUD assistance may be for up to one year of (f)Annual Performance Report awarded to them,may appeal the award rental assistance.Renewals of project- condition.HUD may terminate the by filing a written appeal,in such form based rental assistance may be for up to renewal of any grant and require the and manner as HUD may require by 15 years of rental assistance,subject to recipient to repay the renewal grant if: Notice,within 45 days of the date of availability of annual appropriations. (1)The recipient fails to timely HUD's announcement of the award. (c)Assistance available, (1) submit a HUD Annual Performance (2)Decision.HUD will notify the Assistance during each year of a Report(APR)for the grant year applicant of its decision on the appeal renewal period maybe for: immediately prior to renewal;or within 60 days of HUD's receipt of the (i)Up to 100 percent of the amount (2)The recipient submits an APR that written appeal.HUD will reverse a for supportive services and HMIS costs HUD deems unacceptable or shows decision only when the applicant can in the final year of the prior funding noncompliance with the requirements show that HUD error caused the denial period; of the grant and this part. or decrease. 45450 Federal Register/Vol, 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (3)Funding.Awards and increases to response.As part of its review,HUD a homeless individual or family,with or awards made upon appeal will be made will consider: without disabilities,move as quickly as from next available funds. (A)Whether the applicant submitted possible into permanent housing and (d) Competing Continuums of Care. the request to the appropriate political achieve stability in that housing.When (1)In general.If more than one jurisdiction;and providing short-term and/or medium- Continuum of Care claims the same (B)The reasonableness of the term rental assistance to program geographic area,HIJD will award funds jurisdiction's refusal to provide the participants,the rental assistance is to the Continuum applicant(s)whose certificate. subject to§578.51(a)(1),but not application(s)has the highest total (ii)If the jurisdiction did not provide §578.51(a)(1)(i)and(ii);(a)(2);(c)and score.No projects will be funded from written reasons for refusal,including (f)through(i);and(1)(1).These projects: the lower scoring Continuum.No the reasons why the project is not (A)Must follow the written policies projects that are submitted in two or consistent with the jurisdiction's and procedures established by the more competing Continuum of Care Consolidated Plan in its initial response Continuum of Care for determining and applications will be funded. to the applicant's request for a prioritizing which eligible families and (2) Who may appeal.The designated certification,HUD will find for the individuals will receive rapid rehousing applicant(s)for the lower scoring applicant without further inquiry or assistance,as well as the amount or Continuum may appeal HUD's decision response from the political jurisdiction, percentage of rent that each program to fund the application(s)from the participant must pay. competing Continuum by filing a Subpart D—Program Components and (B)May set a maximum amount or written appeal,in such form and Eligible Costs percentage of rental assistance that a manner as HUD may require by Notice, program participant may receive,a Y q Y g 578.37 Program components and uses of maximum number of months that a within 45 days of the date of HUD's assistance. program participant may receive rental announcement of the award. (a)Continuum of Care funds may be assistance,and/or a maximum number (3)Decision.HUD will notify the used to pay for the eligible costs listed of times that a program participant may applicant(s)of its decision on the appeal in§578.39 through§578.63 when used receive rental assistance.The recipient within 60 days of the date of HUD's to establish and operate projects ects under receipt of the written appeal.HUD will p p 1 or subrecipient may also require reverse a decision only upon a showing five program components:permanent program participants to share in the by the applicant that HUD error caused housing;transitional housing; costs of rent.For the purposes of the denial. . supportive services only;HivIS;and,in calculating rent for rapid rehousing,the (e) Consolidated plan certification.(1) some cases,homelessness prevention. rent shall equal the sum of the total In general.An applicant may appeal to Although grant funds maybe used by monthly rent for the unit and,if the HUD a jurisdiction's refusal to provide recipients and subrecipients in all tenant pays separately for utilities,the a certification of consistency with the components for the eligible costs of monthly allowance for utilities Consolidated Plan. contributing data to the HMIS (excluding telephone)established by the (2)Procedure.The applicant must designated by the Continuum of Care, public housing authority for the area in submit a written appeal with its only HMIS Leads may use grant funds which the housing is located. application to HUD and send a copy of for an HMIS component.Administrative (C)Limit rental assistance to no more the appeal to the jurisdiction that costs are eligible for all components.All than 24 months to a household. denied the certification of consistency. components are subject to the (D)May provide supportive services The appeal must include,at a restrictions on combining funds for for no longer than 6 months after rental minimum: certain eligible activities in a single assistance stops. (1)A copy of the applicant's request project found in§578.87(c).The eligible (E)Must re-evaluate,not less than to the jurisdiction for the certification of program components are: once annually,that the program consistency with the Consolidated Plan; (1)Permanent housing(PH). participant lacks sufficient resources (ii)A copy of the jurisdiction's Permanent housing is community-based and support networks necessary to response stating the reasons for denial, housing,the purpose of which is to retain housing without Continuum of including the reasons the proposed provide housing without a designated Care assistance and the types and project is not consistent with the length of stay.Grant funds may be used amounts of assistance that the program jurisdiction's Consolidated Plan in for acquisition,rehabilitation,new participant needs to retain housing.The accordance with 24 CFR 91.500(c);and construction,leasing,rental assistance, recipient or subrecipient may require (iii)A statement of the reasons why operating costs,and supportive services. each program participant receiving the applicant believes its project is PH includes: assistance to notify the recipient or consistent with the jurisdiction's (i)Permanent supportive housing for subrecipient of changes in the program Consolidated Plan. persons with disabilities(PSH).PSH can participant's income or other (3)Jurisdiction response.The only provide assistance to individuals circumstances(e.g.,changes in jurisdiction that refused to provide the with disabilities and families in which household composition)that affect the certification of consistency with the one adult or child has a disability. program participant's need for jurisdiction's Consolidated Plan shall Supportive services designed to meet assistance.When notified of a relevant have 10 days after receipt of a copy of the needs of the program participants change,the recipient or subrecipient the appeal to submit a written must be made available to the program must reevaluate the program explanation of the reasons originally participants, participant's eligibility and the amount given for refusing to provide the (ii)Rapid rehousing.Continuum of and types of assistance that the program certification and a written rebuttal to Care funds may provide supportive participant needs. any claims made by the applicant in the services,as set forth in§578.53,and/or (F)Require the program participant to appeal. short-term(up to 3 months)and/or meet with a case manager not less than (4)HUD review.(i)HUD will issue its medium-term(for 3 to 24 months) once per month to assist the program decision within 45 days of the date of tenant-based rental assistance,as set participant in ensuring long-term HUD's receipt of the jurisdiction's forth in§578.51(c),as necessary to help housing stability.The project is exempt Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45451 from this requirement if the Violence (7)Establish and operate an HMIS or (5)Participating in the consolidated Against Women Act of 1994(42 U.S.C. comparable database;and plan(s)of the jurisdiction(s)in the 13925 et seq.)or the Family Violence (8)Establish and carry out a geographic area;and Prevention and Services Act(42 U.S.C. Continuum of Care planning process (6)Preparing and submitting an 10401 et seq.)prohibits the recipient and operate a Continuum of Care. application to HUD on behalf of the carrying out the project from making its (c)Multiple purposes.Structures used entire Continuum of Care membership, housing conditional on the participant's to provide housing,supportive housing, including conducting a sheltered and acceptance of services. supportive services, or as a facility for unsheltered point-in-time count and (2) Transitional Housing(TH). HMIS activities may also be used for other data collection as required by Transitional housing facilitates the other purposes.However,assistance HUD. movement of homeless individuals and under this part will be available only in (c)Monitoring costs.The costs of families to PH within 24 months of proportion to the use of the structure for monitoring recipients and subrecipients entering TH.Grant funds may be used supportive housing or supportive and enforcing compliance with program for acquisition,rehabilitation,new services.If eligible and ineligible requirements are eligible. construction,leasing,rental assistance, activities are carried out in separate §578.41 Unified Funding Agency costs. operating costs, and supportive services. portions of the same structure or in (a)In general.UFAs may use up to 3 (3)Supportive Service Only(SSO). Separate structures,grant funds may not percent of their FPRN,or a maximum Funds may be used for acquisition, be used to pay for more than the actual amount to be established by the NOFA, rehabilitation,relocation costs,or cost of acquisition,construction,or whichever is less,for fiscal control and leasing of a facility from which rehabilitation of the portion of the accounting costs necessary to assure the supportive services will be provided, structure or structures used for eligible and supportive services in order to activities.If eligible and ineligible federal disbursal awarded r end accounting for, provide supportive services to � � federal funds awarded to subrecipients p pp activities are carried out in the same under the Continuum of Care program. unsheltered and sheltered homeless structure,the costs will be prorated (b) UFA costs.UFA costs include persons for whom the recipient or based on the amount of time that the costs of ensuring that all financial subrecipient is not providing housing or space is used for eligible versus transactions carried out under the housing assistance. SSO includes street ineligible activities. Continuum of Care program are outreach, conducted and records are maintained (4)HMIS.Funds may be used by §578.39 Continuum of Care planning HMIS Leads to lease a structure in activities. in accordance with generally accepted which the HMIS is operated or as (a)In general,Collaborative accounting principles,including operating funds to operate a structure in applicants may use up to 3 percent of arranging for an annual survey,audit,or which the HMIS is operated,and for their FPRN,or a maximum amount to be evaluation of the financial records of other costs eligible in§578.57. established by the NOFA,for costs of: each project carried out by a (5)Homelessness prevention,Funds (1)Designing and carrying out a subrecipient funded by a grant received may be used by recipients in collaborative process for the through the Continuum of Care Continuums of Care-designated high- development of an application to HUD; program' performing communities for housing (2)Evaluating the outcomes of (c Monitoring costs.The costs of relocation and stabilization services, g compliance with subrecipients and requirements projects for which funds are awarded in compliance with program requirements and short-and/or medium-term rental the geographic area under the are eligible for costs. assistance,as described in 24 CFR Continuum of Care and the Emergency 576.105 and 24 CFR 576.106,that are Solutions Grants programs;and §578.43 Acquisition. necessary to prevent an individual or (3)Participating in the consolidated Grant funds may be used to pay up to family from becoming homeless. plan(s)for the geographic area(s). 100 percent of the cost of acquisition of (b) Uses of assistance.Funds are (b)Continuum of Care planning real property selected by the recipient or available to pay for the eligible costs activities.Eligible planning costs subrecipient for use in the provision of listed in§578.39 through§578.63 when include the costs of: housing or supportive services for used to: (1)Developing a communitywide or homeless persons. (1)Establish new housing or new regionwide process involving the facilities to provide supportive services; coordination of nonprofit homeless §578.45 Rehabilitation. (2)Expand existing housing and (a) Use.Grant funds may be used to facilities in order to increase the number Providers,victim service providers, faith-based organizations,governments, of homeless persons served; pay up to 100 percent of the cost of businesses,advocates,public housing rehabilitation of structures to provide (3)Bring existing housing and ,school districts,social service housing or supportive services to agencies,into compliance with State and g homeless persons. providers,mental health agencies, local government health and safety P (b)Eligible costs.Eligible hospitals,universities,affordable standards,as described in§578.87; rehabilitation costs include installing (4)Preserve existing permanent housing developers,law enforcement, ( ) g P cost-effective energy measures,and housing and facilities that provide organizations that serve veterans,and bringing an existing structure to State supportive services; homeless and formerly homeless and local government health and safety (5')Provide supportive services for individuals; standards. residents of supportive housing or for (2)Determining the geographic area PP g that the Continuum of Care will serve; (c)Ineligible costs.Grant funds may homeless persons not residing in not be used for rehabilitation of leased supportive housing; (3)Developing a Continuum of Care property. (6)Continue funding permanent system; housing when the recipient has received (4)Evaluating the outcomes of §578.47 New construction. funding under this part for leasing, projects for which funds are awarded in (a) Use.Grant funds may be used to: supportive services,operating costs,or the geographic area,including the (1)Pay up to 100 percent of the cost rental assistance; Emergency Solutions Grants program; of new construction,including the 45452 Federal Register/Vol. 77, No, 147/Tuesday, July 31, 2012/Rules and Regulations building of a new structure or building type,quality,amenities,facilities,and (i)The rental assistance may be short- an addition to an existing structure that management services.In addition,the term,up to 3 months of rent;medium- increases the floor area by 100 percent rents may not exceed rents currently term,for 3 to 24 months of rent;or long- er more,and the cost of land associated being charged for comparable units,and term,for longer than 24 months of rent with that construction,for use as the rent paid may not exceed HUD- and must be administered in accordance housing. determined fair market rents. with the policies and procedures (2)If grant funds are used for new (3) Utilities.If electricity,gas,and established by the Continuum as set construction,the applicant must water are included in the rent,these forth in§578.7(a)(9)and this section. demonstrate that the costs of new utilities may be paid from leasing funds. (ii)The rental assistance may be construction are substantially less than If utilities are not provided by the tenant-based,project-based,or sponsor- the costs of rehabilitation or that there landlord,these utility costs are an based,and maybe for transitional or is a lack of available appropriate units operating cost,except for supportive permanent housing, that could be rehabilitated at a cost less service facilities.If the structure is being (2)Grant funds may be used for than new construction.For purposes of used as a supportive service facility, security deposits in an amount not to this cost comparison,costs of then these utility costs are a supportive exceed 2 months of rent.An advance rehabilitation or new construction may service cost. payment of the last month's rent may be include the cost of real property (4)Security deposits and first and last provided to the landlord,in addition to acquisition. month's rent.Recipients and the security deposit and payment of first (b)Ineligible costs.Grant funds may subrecipients may use grant funds to month's rent. not be used for new construction on pay security deposits,in an amount not (b)Rental assistance administrator. leased property. to exceed 2 months of actual rent.An Rental assistance must be administered advance payment of the last month's by a State,unit of general local §578.49 Leasing. rent may be provided to the landlord in government,or a public housing agency. (a) Use.(1)Where the recipient or addition to the security deposit and (c) Tenant-based rental assistance. subrecipient is leasing the structure,or payment of the first month's rent. Tenant-based rental assistance is rental portions thereof,grant funds may be (5) Occupancy agreements and assistance in which program used to pay for 100 percent of the costs subleases.Occupancy agreements and participants choose housing of an of leasing a structure or structures,or subleases are required as specified in appropriate size in which to reside. portions thereof,to provide housing or §578.77(a). When necessary to facilitate the supportive services to homeless persons (6)Calculation of occupancy charges coordination of supportive services, for up to 3 years. Leasing funds may not and rent.Occupancy charges and rent recipients and subrecipients may be used to lease units or structures from program participants must be require program participants to live in a owned by the recipient,subrecipient, calculated as provided in§578.77. specific area for their entire period of their parent organization(s),any other (7)Program income.Occupancy participation,or in a specific structure related organization(s),or organizations charges and rent collected from program for the first year and in a specific area that are members of a partnership, participants are program income and for the remainder of their period of where the partnership owns the may be used as provided under participation.Program participants who structure,unless HUD authorized an §578.97. are receiving rental assistance in exception for good cause. (8) Transition.Beginning in the first transitional housing may be required to (2)Any request for an exception must year awards are made under the live in a specific structure for their include the following: Continuum of Care program,renewals of entire period specific structure in (i)A description of how leasing these grants for leasing funds entered into transitional period housing. structures is in the best interest of the under the authority of title IV,subtitle (1)Up to 5 years worth of rental program; D of the Act as it existed before May 20, assistance 1)Up to may be awarded of rental n a project (ii)Supporting documentation 2009,will be renewed either as grants one cc maytbon. showing that the leasing charges paid for leasing or as rental assistance, with grant funds are reasonable for the depending on the characteristics of the (2)Program participants who have market;and project.Leasing funds will be renewed complied with all program requirements (iii)A copy pf the written policy for as rental assistance if the funds are used during their residence retain the rental resolving disputes between the landlord to pay rent on units where the lease is assistance if they move within the and tenant,including a recusal for between the program participant and Continuum of Care geographic area. officers,agents,and staff who work for the landowner or sublessor.Projects (3)Program participants who have both the landlord and tenant. requesting leasing funds will be complied with all program requirements (b)Requirements.(1)Leasing renewed as leasing if the funds were during their residence and who have structures.When grants are used to pay used to lease a unit or structure and the been a victim of domestic violence, rent for all or part of a structure or lease is between the recipient or dating violence,sexual assault,or structures,the rent paid must be subrecipient and the landowner. stalking,and who reasonably believe reasonable in relation to rents being they are imminently threatened by harm charged in the area for comparable §578.51 Rental assistance. from further domestic violence,dating space.In addition,the rent paid may not (a) Use. (1)Grant funds maybe used violence,sexual assault,or stalking exceed rents currently being charged by for rental assistance for homeless (which would include threats from a the same owner for comparable individuals and families.Rental third party,such as a friend or family unassisted space. assistance cannot be provided to a member of the perpetrator of the (2)Leasing individual units.When program participant who is already violence),if they remain in the assisted grants are used to pay rent for receiving rental assistance,or living in unit,and are able to document the individual housing units,the rent paid a housing unit receiving rental violence and basis for their belief,may must be reasonable in relation to rents assistance or operating assistance retain the rental assistance and move to being charged for comparable units, through other federal,State,or local a different Continuum of Care taking into account the location,size, sources. geographic area if they move out of the Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45453 assisted unit to protect their health and providing the housing assistance participants.If the supportive services safety. described in the application for the full are provided in a supportive service (d)Sponsor-based rental assistance. 5-year period. facility not contained in a housing Sponsor-based rental assistance is (3)A recipient must serve at least as structure,the costs of day-to-day provided through contracts between the many program participants as shown in operation of the supportive service recipient and sponsor organization.A its application for assistance. facility,including maintenance,repair, sponsor may be a private,nonprofit (4)If the amount in each grant building security,furniture,utilities, organization,or a community mental reserved for rental assistance over the and equipment are eligible as a health agency established as a public grant period exceeds the amount that supportive service. nonprofit organization.Program will be needed to pay the actual costs (1)Supportive services must be participants must reside in housing of rental assistance,due to such factors necessary to assist program participants owned or leased by the sponsor.Up to as contract rents being lower than FMRs obtain and maintain housing. 5 years worth of rental assistance may and program participants being able to (2)Recipients and subrecipients shall be awarded to a project in one pay a portion of the rent,recipients or conduct an annual assessment of the competition. subrecipients may use the excess funds service needs of the program (e)Project-based rental assistance. for covering the costs of rent increases, participants and should adjust services Project-based rental assistance is or for serving a greater number of accordingly. provided through a contract with the program participants. (h)Duration. (1)For a transitional owner of an existing structure,where (i) Vacancies.If a unit assisted under housing project,supportive services the owner agrees to lease the subsidized this section is vacated before the must be made available to residents units to program participants.Program expiration of the lease,the assistance for throughout the duration of their participants will not retain rental the unit may continue for a maximum residence in the project. assistance if they move.Up to 15 years of 30 days from the end of the month (2)Permanent supportive housing of rental assistance may be awarded in in which the unit was vacated,unless projects must provide supportive one competition. occupied by another eligible person.No services for the residents to enable them (f)Grant amount.The amount of additional assistance will be paid until to live as independently as is rental assistance in each project will be the unit is occupied by another eligible practicable throughout the duration of based on the number and size of units person.Brief periods of stays in their residence in the project. proposed by the applicant to be assisted institutions,not to exceed 90 days for (3)Services may also be provided to over the grant period.The amount of each occurrence,are not considered former residents of transitional housing rental assistance in each project will be vacancies. and current residents of permanent calculated by multiplying the number (j)Property damage.Recipients and housing who were homeless in the prior and size of units proposed by the FMR subrecipients may use grant funds in an 6 months,for no more than 6 months of each unit on the date the application amount not to exceed one month's rent after leaving transitional housing or is submitted to HUD,by the term of the to pay for any damage to housing due homelessness,respectively,to assist grant. to the action of a program participant. their adjustment to independent living. (g)Rent reasonableness.HUD will This shall be a one-time cost per (4)Rapid rehousing projects must only provide rental assistance for a unit participant,incurred at the time a require the program participant to meet if the rent is reasonable,The recipient participant exits a housing unit. with a case manager not less than once or subrecipient must determine whether (k)Resident rent.Rent must be per month as forth orth in the rent charged for the unit receiving calculated as provided in§578.77. §578.37(a)(1)(et ,to assist the rental assistance is reasonable in Rents collected from program program participant in maintaining relation to rents being charged for participants are program income and long-term housing stability. comparable unassisted units,taking into may be used as provided under (c) Special populations.All eligible account the location,size,type,quality, §578.97. costs are eligible to the same extent for amenities,facilities,and management (1)Leases.(1)Initial lease.For project program participants who are and maintenance of each unit. based,sponsor-based,or tenant-based unaccompanied homeless homes youth; Reasonable rent must not exceed rents rental assistance,program participants persons living with esAIDS;and currently being charged by the same must enter into a lease agreement for a victims of domestic violence,dating owner for comparable unassisted units. term of at least one year,which is violence,sexual assault,or stalking. (h)Payment of grant. (1)The amount terminable for cause.The leases must be of rental assistance in each project will automatically renewable upon (d)Ineligible costs.Any cost that is be reserved for rental assistance over the expiration for terms that are a minimum not described as an eligible cost under grant period.An applicant's request for of one month long,except on prior this section is not an eligible cost of rental assistance in each grant is an notice by either party. providing supportive services using estimate of the amount needed for rental (2)Initial lease for transitional Continuum of Care program funds.Staff assistance.Recipients will make draws housing.Program participants in , training and the costs of obtaining from the grant funds to pay the actual transitional housing must enter into a professional licenses or certifications costs of rental assistance for program lease agreement for a term of at least one needed to provide supportive services participants. month.The lease must be automatically are not eligible costs. (2)For tenant-based rental assistance, renewable upon expiration,except on (e)Eligible costs. on demonstration of need: prior notice by either party,up to a (1)Annual Assessment of Service (i)Up to 25 percent of the total rental maximum term of 24 months. Needs.The costs of the assessment assistance awarded may be spent in any required by§578.53(a)(2)are eligible year of a 5-year grant term;or §578.53 Supportive services, costs. (ii)A higher percentage if approved in (a)In general.Grant funds may be (2)Assistance with moving costs. advance by HUD,if the recipient used to pay the eligible costs of Reasonable one-time moving costs are provides evidence satisfactory to HUD supportive services that address the eligible and include truck rental and that it is financially committed to special needs of the program hiring a moving company. 45454 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (3)Case management.The costs of providing reasonable stipends to legal services provider and performs the assessing,arranging,coordinating,and program participants in employment services itself,the eligible costs are the monitoring the delivery of assistance and job training programs is subrecipient's employees'salaries and individualized services to meet the also an eligible cost. other costs necessary to perform the needs of the program participant(s)are (i)Learning skills include those skills services. eligible costs.Component services and that can be used to secure and retain a (iv)Legal services for immigration activities consist of: job,including the acquisition of and citizenship matters and issues (1)Counseling; vocational licenses and/or certificates. related to mortgages and (ii)Developing,securing,and (ii)Services that assist individuals in homeownership are ineligible.Retainer coordinating services; securing employment consist of: fee arrangements and contingency fee (iii)Using the centralized or (A)Employment screening, arrangements are ineligible. coordinated assessment system as assessment,or testing; (10)Life skills training.The costs of required under§578.23(c)(9). (B)Structured job skills and job- teaching critical life management skills (iv)Obtaining federal,State,and local seeking skills; that may never have been learned or benefits; (C)Special training and tutoring, have been lost,during the course of (v)Monitoring and evaluating including literacy training and pre- physical or mental illness,domestic program participant progress; vocational training; violence,substance abuse,and (vi)Providing information and (D)Books and instructional material; homelessness are eligible.These referrals to other providers; (E)Counseling or job coaching;and services must be necessary to assist the (vii)Providing ongoing risk (F)Referral to community resources, program participant to function assessment and safety planning with (7)Food.The cost of providing meals independently in the community. victims of domestic violence,dating or groceries to program participants is Component life skills training are the violence,sexual assault,and stalking; eligible. budgeting of resources and money and (8)Housing search and counseling management,household management, (viii)Developing an individualized services.Costs of assisting eligible conflict management,shopping for food housing and service plan,including program participants to locate,obtain, and other needed items,nutrition,the planning a path to permanent housing and retain suitable housing are eligible. use of public transportation,and parent stability. (i)Component services or activities training. (4)Child care.The costs of are tenant counseling;assisting (11)Mental health services.Eligible establishing and operating child care, individuals and families to understand costs are the direct outpatient treatment and providing child-care vouchers,for leases;securing utilities;and making of mental health conditions that are children from families experiencing moving arrangements. provided by licensed professionals. homelessness,including providing (ii)Other eligible costs are: Component services are crisis meals and snacks,and comprehensive (A)Mediation with property owners and coordinated developmental and landlords on behalf of eligible interventions;counseling;individual, P family,or group therapy sessions;the activities,are eligible. program participants; (i)The children must be under the age (B)Credit counseling,accessing a free prescription of psychotropic of 13,unless they are disabled children. personal credit report,and resolving medications or explanations about the Y use and management of medications; (ii)Disabled children must be under personal credit issues;and and combinations of therapeutic the age of 18. (C)The payment of rental application approaches to address multiple (iii The child-care center must be fees. licensed by the jurisdiction in which it (9)Legal services.Eligible costs are problems. oblbl ems.Out orient health services. operates in order for its costs to be the fees charged by licensed attorneys P eligible. and by person(s)under the supervision Eligible costs are the direct outpatient (5)Education services.The costs of of licensed attorneys,for advice and treatment of medical conditions when improving knowledge and basic ' representation in matters that interfere provided by licensed medical educational skills are eligible. with the homeless individual or family's professionals including: (i)Services include instruction or ability to obtain and retain housing. (i)Providing an analysis or of an individual's health training in consumer education,health (i)Eligible subject matters are child problems and the development health t education,substance abuse prevention, support;guardianship;paternity; P a literacy,English as a Second Language, emancipation;legal separation;orders of treatment plan; and General Educational Development protection and other civil remedies for (ii)Assisting individuals to (GED). victims of domestic violence,dating understand their health needs; (ii)Component services or activities violence,sexual assault,and stalking; individuals Providing di g directly and or assisting are screening,assessment and testing; appeal of veterans and public benefit individual or group instruction; claim denials;landlord tenant disputes; appropriate medical treatment; tutoring;provision of books,supplies, and the resolution of outstanding (iv)Preventive medical care and and instructional material;counseling; criminal warrants. health maintenance services,including and referral to community resources. (ii)Component services or activities in-home health services and emergency (6)Employment assistance and job may include receiving and preparing medical services; training.The costs of establishing and cases for trial,provision of legal advice, (v)Provision of appropriate operating employment assistance and representation at hearings,and medication; job training programs are eligible, counseling. (vi)Providing follow-up services;and including classroom,online and/or (iii)Fees based on the actual service (vii)Preventive and noncosmetic computer instruction,on-the-job performed(i.e.,fee for service)are also dental care. instruction,services that assist eligible,but only if the cost would be (13) Outreach services.The costs of individuals in securing employment, less than the cost of hourly fees.Filing activities to engage persons for the acquiring learning skills,and/or fees and other necessary court costs are purpose of providing immediate support increasing earning potential.The cost of also eligible.If the subrecipient is a and intervention,as well as identifying Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45455 potential program participants,are share in the cost of car repairs or (iv)Obtaining technical support; eligible, maintenance as a condition of receiving (v)Leasing office space; (i)Eligible costs include the outreach assistance with car repairs or (vi)Paying charges for electricity,gas, worker's transportation costs and a cell maintenance. water,phone service,and high-speed phone to be used by the individual (16) Utility deposits.This form of data transmission necessary to operate performing the outreach. assistance consists of paying for utility or contribute data to the HMIS; (ii)Component activities and services deposits.Utility deposits must be a one- (vii)Paying salaries for operating consist of:initial assessment;crisis time fee,paid to utility companies. HMIS,including: counseling;addressing urgent physical (17)Direct provision of services.If the (A)Completing data entry; needs,such as providing meals, service described in paragraphs(e)(1) (B)Monitoring and reviewing data blankets,clothes,or toiletries;actively through(e)(16)of this section is being quality; connecting and providing people with directly delivered by the recipient or (C)Completing data analysis; information and referrals to homeless subrecipient,eligible costs for those (D)Reporting to the HMIS Lead; and mainstream programs;and services also include: (E)Training staff on using the HMIS; publicizing the availability of the (i)The costs of labor or supplies,and and housing and/or services provided materials incurred by the recipient or (F)Implementing and complying with within the geographic area covered by subrecipient in directly providing HMIS requirements; the Continuum of Care. supportive services to program (viii)Paying costs of staff to travel to (14) Substance abuse treatment . participants;and and attend HUD-sponsored and HUD- services.The costs of program (ii)The salary and benefit packages of approved training on HMIS and participant intake and assessment, the recipient and subrecipient staff who programs authorized by Title N of the outpatient treatment,group and directly deliver the services. McKinney-Vento Homeless Assistance individual counseling,and drug testing Act; are eligible.Inpatient detoxification and §578.55 Operating costs. (ix)Paying staff travel costs to other inpatient drug or alcohol (a) Use.Grant funds may be used to conduct intake;and treatment are ineligible. pay the costs of the day-to-day operation (x)Paying participation fees charged (15) Transportation.Eligible costs are: of transitional and permanent housing by the HMIS Lead,as authorized by (i)The costs of program participant's in a single structure or individual HUD,if the recipient or subrecipient is travel on public transportation or in a housing units. not the HMIS Lead. vehicle provided by the recipient or (b)Eligible costs.(1)The maintenance (2)If the recipient or subrecipient is subrecipient to and from medical care, and repair of housing; the HMIS Lead,it may also use (2)Property taxes and insurance; Continuum of Care funds to pay the employment,child care,or other p y services eligible under this section. (3)Scheduled payments to a reserve costs of: for replacement of major systems of the (ii)Mileage allowance for service housing(provided that the payments (i)Hosting and maintaining HMIS workers to visit program participants software or data; must be based on the useful life of the and to carry out housing quality (ii)Backing up,recovering,or inspections; system and expected replacement cost); repairing HMIS software or data; (4)Building security fora structure (iii)Upgrading,customizing,and (iii)The cost of purchasing or leasing where more than 50 percent of the units ( ) pg g' g' a vehicle in which staff transports enhancing the HMIS; ro am participants and/or staff or area is paid for with grant funds; (iv)Integrating and warehousing data, P gr P P (5)Electricity,gas,and water; serving program participants; (6)Furniture;and including development of a data (iv)The cost of gas,insurance,taxes, (7)Equipment. warehouse for use in aggregating data and maintenance for the vehicle; (c)Ineligible costs.Program funds from subrecipients using multiple (v)The costs of recipient or may not be used for rental assistance software systems; subrecipient staff to accompany or assist (v)operating costs in the same project. Administering the system; program participants to utilize public (vi)funds may not be used for the Reporting to providers,the transportation;and operating costs of emergency shelter- Continuum of Care,and HUD;and (vi)If public transportation options and supportive service-only facilities. (vii)Conducting training on using the are not sufficient within the area,the system,including traveling to the Program funds may not be used for the recipient may make a one-time payment training. maintenance and repair of housing on behalf of a program participant where the costs of maintaining and (3)If the recipient or subrecipient is needing car repairs or maintenance repairing the housing are included in a victim services provider,or a legal required to operate a personal vehicle, the lease. services provider,it may use Continuum subject to the following: of Care funds to establish and operate a (A)Payments for car repairs or §578.57 Homeless Management comparable database that complies with maintenance on behalf of the program Information System. HUD's HMIS requirements. participant may not exceed 10 percent (a)Eligible costs.(1)The recipient or (b) General restrictions.Activities of the Blue Book value of the vehicle subrecipient may use Continuum of funded under this section must comply (Blue Book refers to the guidebook that Care program funds to pay the costs of with the HMIS requirements. compiles and quotes prices for new and contributing data to the HMIS §578.59 Project administrative costs. used automobiles and other vehicles of designated by the Continuum of Care, all makes,models,and types); including the costs of: (a)Eligible costs,The recipient or (B)Payments for car repairs or (i)Purchasing or leasing computer subrecipient may use up to 10 percent maintenance must be paid by the hardware; of any grant awarded under this part, recipient or subrecipient directly to the (ii)Purchasing software or software excluding the amount for Continuum of third party that repairs or maintains the licenses; Care Planning Activities and UFA costs, car;and (iii)Purchasing or leasing equipment, for the payment of project (C)The recipients or subrecipients including telephones,fax machines,and administrative costs related to the may require program participants to furniture; planning and execution of Continuum 45456 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations of Care activities.This does not include supplies,and rental and maintenance time and in such manner as HUD may staff and overhead costs directly related (but not purchase)of office space. require,must use HMIS data where to carrying out activities eligible under (2) Training on Continuum of Care required to show the standards for §578.43 through§578.57,because those requirements.Costs of providing qualifying are met,and must contain costs are eligible as part of those training on Continuum of Care such information as HUD requires, activities.Eligible administrative costs requirements and attending HUD- including at a minimum: include: sponsored Continuum of Care trainings. (1)A report showing how the (1) General management,oversight, (3)Environmental review.Costs of Continuum of Care program funds and coordination.Costs of overall carrying out the environmental review received in the preceding year were program management,coordination, responsibilities under§578.31. expended; monitoring,and evaluation.These costs (b)Sharing requirement.(1) UFAs.If (2)A specific plan for how grant include,but are not limited to, the recipient is a UFA that carries out funds will be expended;and necessary expenditures for the a project,it may use up to 10 percent (3)Information establishing that the following: of the grant amount awarded for the Continuum of Care meets the standards (i) Salaries,wages,and related costs of project on project administrative costs. for HPCs. the recipient's staff,the staff of The UFA must share the remaining (c)Standards for qualifying as an subrecipients,or other staff engaged in project administrative funds with its HPC. uumamus demon C ,ae through: program administration.In charging subrecipients. costs to this category,the recipient may (2)Recipients that are not UFAs.If the (1)Reliable data generated by the include the entire salary,wages,and recipient is not a UFA,it must share at Continuum of Care's HMIS that it meets related costs allocable to the program of least 50 percent of project all of the following standards: administrative funds with its (i)Mean length o homelessness. each person whose primary subrecipients. Either the mean length of episode of responsibilities with regard to the homelessness within the Continuum's program involve program §578.61 Relocation costs. geographic area is fewer than 20 days, administration assignments,or the pro (a)In general.Relocation costs under or the mean length of episodes of rata share of the salary,wages,and the Uniform Relocation Assistance and homelessness for individuals or families related costs of each person whose job Real Property Acquisition Policies Act in similar circumstances was reduced includes any program administration of 1970 are eligible, by at least 10 percent from the assignments.The recipient may use (b)Eligible relocation costs.Eligible preceding federal fiscal year. only one of these methods for each costs are costs to provide relocation (ii)Reduced recidivism.Of fiscal year grant.Program payments and other assistance to individuals and families who leave administration assignments include the persons displaced by a project assisted homelessness,less than 5 percent following: with grant funds in accordance with become homeless again at any time (A)Preparing program budgets and §578.83. within the next 2 years;or the schedules,and amendments to those percentage of individuals and families budgets and schedules; §578.63 Indirect costs. in similar circumstances who become (B)Developing systems for assuring (a)In general.Continuum of Care homeless again within 2 years after compliance with program requirements; funds may be used to pay indirect costs leaving homelessness was decreased by (C)Developing agreements with in accordance with OMB Circulars A-87 at least 20 percent from the preceding subrecipients and contractors to carry or A-122,as applicable. federal fiscal year. out program activities; (b)Allocation.Indirect costs may be (iii)HMIS coverage.The Continuum's (ID)Monitoring program activities for allocated to each eligible activity as HMIS must have a bed coverage rate of progress and compliance with program provided in subpart D,so long as that 80 percent and have service volume allocation is consistent with an indirect coverage rate of 80 percent as calculated requirements; cost rate proposal developed in in accordance with HUD's HMIS documents directly related to the accordance(E)Preparing reports and other d with OMB Circulars A-87 or requirements. ui ui program for submission to HUD; A-122,as applicable. re(iv)Serving families and youth.With (F)Coordinating the resolution of (c)Expenditure limits.The indirect P res ect to Continuums that served audit and monitoring findings; costs charged to an activity subject to an expenditure limit under§§578.39, homeless families and youth defined as . (G)Evaluating program results against homeless under other federal statutes in stated objectives;and 578.41,and 578.59 must be added to the paragraph(3)of the definition of direct costs charged for that activity homeless in§576,2: (H)Managing or supervising persons when determining the total costs subject (A)95 percent of those families and whose primary responsibilities with to the expenditure limits. regard to the program include such youth did not become homeless again assignments as those described in Subpart E—High-Performing within a 2-year period following paragraph(a)(1)(i)(A)through(G)of this Communities termination of assistance;or section. (13)85 percent of those families • (ii)Travel costs incurred for §578.65 Standards. achieved independent living in monitoring of subrecipients; (a)In general.The collaborative permanent housing for at least 2 years (iii)Administrative services applicant for a Continuum may apply to following termination of assistance. performed under third-party contracts HUD to have the Continuum be (2)Reliable data generated from or agreements,including general legal designated a high-performing sources other than the Continuum's services,accounting services,and audit community(HPC).The designation HMIS that is provided in a narrative or services;and shall be for grants awarded in the same other form prescribed by HUD that it (iv)Other costs for goods and services competition in which the designation is meets Cbmm of thy aol on i Al Al the standards required for administration of the applied for and made. program,including rental or purchase of (b)Applying for HPC designation.The . metropolitan cities and counties within equipment,insurance,utilities,office application must be submitted at such the Continuum's geographic area have a Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45457 comprehensive outreach plan,including subpart D of this part,except that HPCs of structure)of the International Code specific steps for identifying homeless may use such match for the costs of Council, persons and referring them to activities that are eligible under (2)Services provided with assistance appropriate housing and services in that §578.71. under this part must be provided in geographic area. (b)Cash sources.A recipient or compliance with all applicable State (ii)Renewing HPC status.If the subrecipient may use funds from any and local requirements,including Continuum was designated an HPC in source,including any other federal licensing requirements. the previous federal fiscal year and used sources(excluding Continuum of Care (b)Housing quality standards. Continuum of Care grant funds for program funds),as well as State,local, Housing leased with Continuum of Care activities described under§578.71,that and private sources,provided that funds program funds,or for which rental such activities were effective at from the source are not statutorily assistance payments are made with reducing the number of individuals and prohibited to be used as a match.The Continuum of Care program funds,must families who became homeless in that recipient must ensure that any funds meet the applicable housing quality community. used to satisfy the matching standards(HQS)under 24 CFR 982.401 requirements of this section are eligible of this title,except that 24 CFR §578.67 Publication of application. ' under the laws governing the funds in 982.401())applies only to housing HUD will publish the application to order to be used as matching funds for occupied by program participants be designated an HPC through the HUD a grant awarded under this program. receiving tenant-based rental assistance. Web site,for public comment as to (c)In-kind contributions.(1)The For housing rehabilitated with funds whether the Continuum seeking recipient or subrecipient may use the under this part,the lead-based paint designation as an HPC meets the value of any real property,equipment, requirements in 24 CFR part 35, standards for being one. goods,or services contributed to the subparts A,B,J,and R apply.For §578.69 Cooperation among entities. project as match,provided that if the housing that receives project-based or An HPC must cooperate with HUD in recipient or subrecipient had to pay for sponsor-based rental assistance,24 CFR distributing information about its them with grant funds,the costs would part 35,subparts A,B,H, and R apply. successful efforts to reduce have been eligible under Subpart D,or, For residential property for which funds homelessness. in the case of HPCs,eligible under under this part are used for acquisition, §578.71. leasing,services,or operating costs,24 §578.71 HPC-eligible activities. (2)The requirements of 24 CFR 84.23 CFR part 35,subparts A,B,K,and R In addition to using grant funds for and 85.24 apply. apply. the eligible costs described in subpart D (3)Before grant execution,services to 11)Before any assistance will be of this part,recipients and subrecipients be provided by a third party must be provided on behalf of a program in Continuums of Care designated as documented by a memorandum of participant,the recipient,or HPCs may also use grant funds to understanding(MOU)between the subrecipient,must physically inspect provide housing relocation and recipient or subrecipient and the third each unit to assure that the unit meets stabilization services and short-and/or party that will provide the services. HQS.Assistance will not be provided medium-term rental assistance to Services provided by individuals must for units that fail to meet HQS,unless individuals and families at risk of be valued at rates consistent with those the owner corrects any deficiencies homelessness as set forth in 24 CFR ordinarily paid for similar work in the within 30 days from the date of the 576.103 and 24 CFR 576.104,if recipient's or subrecipient's initial inspection and the recipient or necessary to prevent the individual or organization.If the recipient or subrecipient verifies that all deficiencies family from becoming homeless. subrecipient does not have employees have been corrected. Activities must be carried out in performing similar work,the rates must (2)Recipients or subrecipients must accordance with the plan submitted in be consistent with those ordinarily paid inspect all units at least annually during the application.When carrying out by other employers for similar work in the grant period to ensure that the units housing relocation and stabilization the same labor market, continue to meet HQS. services and short-and/or medium-term (i)The MOU must establish the (c)Suitable dwelling size.The rental assistance,the written standards unconditional commitment,except for dwelling unit must have at least one set forth in§578.7(a)(9)(v)and selection to receive a grant,by the third bedroom or living/sleeping room for recordkeeping requirements of 24 CFR party to provide the services,the each two persons. 576.500 apply. specific service to be provided,the (1)Children of opposite sex,other profession of the persons providing the than very young children,may not be Subpart F—Program Requirements service,and the hourly cost of the required to occupy the same bedroom or service to be provided. living/sleeping room. §578.73 Matching requirements. (ii)During the term of the grant,the (2)If household composition changes (a)In general.The recipient or recipient or subrecipient must keep and during the term of assistance,recipients subrecipient must match all grant funds, make available,for inspection,records and subrecipients may relocate the except for leasing funds,with no less documenting the service hours household to a more appropriately sized than 25 percent of funds or in-kind provided. unit.The household must still have contributions from other sources.For access to appropriate supportive Continuum of Care geographic areas in §578.75 General operations. services. which there is more than one grant (a) State and local requirements. (1) (d)Meals,Each recipient and agreement,the 25 percent match must Housing and facilities constructed or subrecipient of assistance under this be provided on a grant-by-grant basis. rehabilitated with assistance under this part who provides supportive housing Recipients that are UFAs or are the sole part must meet State or Iocal building for homeless persons with disabilities recipient for their Continuum,may codes,and in the absence of State or must provide meals or meal preparation provide match on a Continuum-wide local building codes,the International facilities for residents. basis.Cash match must be used for the Residential Code or International (a)Ongoing assessment of supportive costs of activities that are eligible under Building Code(as applicable to the type services.To the extent practicable,each 45458 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations project must provide supportive by the disability.Notwithstanding this made must pay a contribution toward services for residents of the project and provision,if the purpose of the project rent in accordance with section 3(a)(1) homeless persons using the project, is to provide substance abuse treatment of the U.S.Housing Act of 1937(42 which may be designed by the recipient services,recipients and subrecipients U.S.C. 1437a(a)(1)). or participants.Each recipient and may require program participants to (ii)Income of program participants subrecipient of assistance under this take part in such services as a condition must be calculated in accordance with part must conduct an ongoing of continued participation in the 24 CFR 5.609 and 24 CFR 5.611(a). assessment of the supportive services program. (2)Review.Recipients or needed by the residents of the project, (i)Retention of assistance after death, subrecipients must examine a program the availability of such services,and the incarceration,or institutionalization for participant's income initially,and at coordination of services needed to more than 90 days of qualifying least annually thereafter,to determine ensure long-term housing stability and member.For permanent supportive the amount of the contribution toward must make adjustments,as appropriate. housing projects surviving,members of rent payable by the program participant. (f)Residential supervision.Each any household who were living in a unit Adjustments to a program participant's recipient and subrecipient of assistance assisted under this part at the time of contribution toward the rental payment under this part must provide residential the qualifying member's death,long- must be made as changes in income are supervision as necessary to facilitate the term incarceration,or long-term identified. 3 adequate provision of supportive institutionalization,have the right to (3)Verification.As a condition of services to the residents of the housing rental assistance under this section until participation in the program,each throughout the term of the commitment the expiration of the lease in effect at program participant must agree to to operate supportive housing. the time of the qualifying member's supply the information or Residential supervision may include the death,long-term incarceration,or long- documentation necessary to verify the employment of a full-or part-time term institutionalization. program participant's income.Program residential supervisor with sufficient participants must provide the recipient knowledge to provide or to supervise §578.77 Calculating occupancy charges or subrecipient with information at any the provision of supportive services to and rent. time regarding changes in income or the residents. (a)Occupancy agreements and leases. other circumstances that may result in (g)Participation of homeless Recipients and subrecipients must have changes to a program participant's individuals.(1)Each recipient and signed occupancy agreements or leases contribution toward the rental payment. subrecipient must provide for the (or subleases)with program participants §578.79 Limitation on transitional participation of not less than one residing in housing. homeless individual or formerly (b)Calculation of occupancy charges. housing. homeless individual on the board of Recipients and subrecipients are not A homeless individual or family may directors or other equivalent required to impose occupancy charges remain in transitional housing for a policymaking entity of the recipient or on program participants as a condition period longer than 24 months,if subrecipient,to the extent that such of residing in the housing.However,if permanent housing for the individual or entity considers and makes policies and occupancy charges are imposed,they family has not been located or if the decisions regarding any project, may not exceed the highest of: individual or family requires additional supportive services,or assistance (1)30 percent of the family's monthly time to prepare for independent living. provided under this part.This adjusted income(adjustment factors However,HUD may discontinue requirement is waived if a recipient or include the number of people in the assistance for a transitional housing subrecipient is unable to meet such family,age of family members,medical project if more than half of the homeless requirement and obtains HUD approval expenses,and child-care expenses); individuals or families remain in that for a plan to otherwise consult with (2)10 percent of the family's monthly project longer than 24 months. homeless or formerly homeless persons income;or 578.81 Term of commitment,repayment (3)If the family is receiving payments § when considering and making policies ( ) Y g u of grants,and prevention of undue benefits. and decisions. for welfare assistance from a public (a)In general.All recipients and (2)Each recipient and subrecipient of agency and a part of the payments subrecipients In genera.All re pant funds for assistance under this part must,to the (adjusted in accordance with the P g grant extent practicable,involve family's actual housing costs)is acquisition,rehabilitation,or new homeless individuals and families specifically designated by the agency to construction must operate the housing through employment;volunteer meet the family's housing costs,the or provide supportive services in services;or otherwise in constructing, portion of the payments that is accordance with this part,for at least 15 rehabilitating,maintaining,and designated for housing costs. years from the date of initial occupancy operating the project,and in providing (4)Income.Income must be or date of initial service provision. supportive services for the project. calculated in accordance with 24 CFR Recipient and subrecipients must (h) Supportive service agreement. 5,609 and 24 CFR 5,611(a).Recipients execute and record a HUD-approved Recipients and subrecipients may and subrecipients must examine a Declaration of Restrictive Covenants require the program participants to take program participant's income initially, before receiving payment of grant funds. part in supportive services that are not and if there is a change in family (b)Conversion.Recipients and disability-related services provided composition(e.g.,birth of a child)or a subrecipients carrying out a project that through the project as a condition of decrease in the resident's income during provides transitional or permanent continued participation in the program. the year,the resident may request an housing or supportive a services in a t to HUD Examples of disability-related services interim reexamination,and the structure ucture a y submit for the dent to HUD include,but are not limited to,mental occupancy charge will be adjusted project health services,outpatient health accordingly, of very low-income persons.The request services,and provision of medication, (c)Resident rent.(1)Amount of rent, must be made while the project is which are provided to a person with a (i)Each program participant on whose operating as homeless housing or disability to address a condition caused behalf rental'assistance payments are supportive services for homeless • Federal Register/Vol. 77, No 147/Tuesday, July 31, 2012/Rules and Regulations 45459 individuals and families,must be in individuals and families at risk of relocation,including the cost of moving writing,and must include an homelessness. to and from the temporarily occupied explanation of why the project is no housing and any increase in monthly longer needed to provide transitional or 578.83 Displacement,relocation,and rent/occupancy charges and utility permanent housing or supportive acquisition. costs;and (a)Minimizing displacement. services.The primary factor in HUD's (ii)Appropriate advisory services, Consistent with the other goals and decision on the proposed conversion is including reasonable advance written objectives of this part,recipients and the unmet need for transitional or notice of: permanent housing or supportive subrecipients must ensure that they (A)The date and approximate have taken all reasonable steps to services in the Continuum of Care's minimize the displacement of persons duration of the temporary relocation; geographic area. (B)The location of the suitable, (c)Repayment of grant funds.If a (families,individuals,businesses, decent,safe,and sanitary dwelling to be project is not operated as transitional or nonprofit organizations,and farms)as a made available for the temporary result of projects assisted under this permanent housing for 10 years P 1 period; following the date of initial occupancy, p� "Project,"as used in this section, (C)The reasonable terms and HUD will repayment re require a of the means any activity or series of activities q P y assisted with Continuum of Care funds conditions under which the program entire amount of the grant used for participant will be able to occupy a acquisition,rehabilitation,or new received or anticipated in any phase of suitable,decent,safe,and sanitary construction,unless conversion of the an undertaking. dwelling in the building or complex ro ect has been authorized under (b) Temporary relocation.(1)Existing g g P P l Building Not Assisted under Title IV of upon completion of the project;and paragraph used of this section.If the D The provisions of paragraph housin is used for such purposes for the McKinney-Vento Act.No tenant may ( ) P housing P P be required to relocate temporarily for a (b)(2)(i)of this section. more than 10 years,the payment (c)Relocation assistance for displaced amount will be reduced by 20 project if the building in which the ( ) f p percentage points for each year,beyond project is being undertaken or will be persons. (1)In general.A displaced the 10 ear period in which the project undertaken is not currently assisted person(defined in paragraph(c)(2)of is y P P l under Title IV of the McKinney-Vento this section)must be provided used for transitional or permanent housing. Act.The absence of such assistance to relocation assistance in accordance with g the building means the tenants are not the requirements of the URA and (d)Prevention of undue benefits. g implementing regulations at 49 CFR part Except as provided under paragraph(e} homeless and the tenants are therefore P g gu P of this section,upon any sale or other not eligible to receive assistance under 24.A displaced person must be advised disposition of a project site that received the Continuum of Care program.When of his or her rights under the Fair grant funds for acquisition, a tenant moves for such a project under Housing Act.Whenever possible, rehabilitation,or new construction, conditions that cause the Uniform minority persons must be given occurring before the 15-year period,the Relocation Assistance and Real Property reasonable opportunities to relocate to recipient must comply with such terms Acquisition Policies Act of 1970(URA), decent,safe,and sanitary replacement and conditions as HUD may prescribe to 42 U.S.C.4601-4655,to apply,the dwellings,not located in an area of prevent the recipient or subrecipient tenant must be treated as permanently minority concentration,that are within from unduly benefiting from such sale displaced and offered relocation their financial means.This policy, or disposition. assistance and payments consistent with however,does not require providing a (e)Exception.A recipient or paragraph(c)of this section. person a larger payment than is subrecipient will not be required to (2)Existing Transitional Housing or necessary to enable a person to relocate comply with the terms and conditions Permanent Housing Projects Assisted to a comparable replacement dwelling. prescribed under paragraphs(c)and(d) Under Title IV of the McKinney-Vento See 49 CFR 24.205(c)(2)(ii)(D). of this section if: Act.Consistent with paragraph(c)(2)(ii) (2)Displaced person.(i)For the (1)The sale or disposition of the of this section,no program participant purposes of paragraph(c)of this section, property used for the project results in may be required to relocate temporarily the term"displaced person"means any the use of the property for the direct for a project if the person cannot be person(family,individual,business, benefit of very low-income persons; offered a decent,safe,and sanitary unit nonprofit organization,or farm)that (2)All the proceeds are used to in the same building or complex upon moves from real property,or moves provide transitional or permanent project completion under reasonable personal property from real property, housing that meet the requirements of terms and conditions.The length of permanently,as a direct result of this part; occupancy requirements in§578.79 acquisition,rehabilitation,or (3)Project-based rental assistance or may prevent a program participant from demolition for a project.This includes operating cost assistance from any returning to the property upon any permanent,involuntary move for a federal program or an equivalent State completion(See paragraph(c)(2)(iii)(D) project,including any permanent move or local program is no longer made of this section).Any program from the real property that is made: available and the project is meeting participant who has been temporarily (A)After the owner(or person in applicable performance standards, relocated for a period beyond one year control of the site)issues a notice to provided that the portion of the project must be treated as permanently move permanently from the property,or that had benefitted from such assistance displaced and offered relocation refuses to renew an expiring lease,if the continues to meet the tenant income assistance and payments consistent with move occurs after the date of the and rent restrictions for low-income paragraph(c)of this section.Program submission by the recipient or units under section 42(g)of the Internal participants temporarily relocated in subrecipient of an application for Revenue Code of 1986;or accordance with the policies described assistance to HUD(or the recipient,as (4)There are no individuals and in this paragraph must be provided: applicable)that is later approved and families in the Continuum of Care (i)Reimbursement for all reasonable funded and the recipient or subrecipient geographic area who are homeless,in out-of-pocket expenses incurred in has site control as evidenced in which case the project may serve connection with the temporary accordance with§578.25(b);or 45460 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (B)After the owner(or person in of-pocket expenses incurred in section,if the displacement is a direct control of the site)issues a notice to connection with the temporary result of privately undertaken move permanently from the property,or relocation; rehabilitation,demolition,or • refuses to renew an expiring lease,if the (2)The program participant is not acquisition of the real property, move occurs after the date the recipient eligible to return to the building or "initiation of negotiations"means the or subrecipient obtains site control,as complex upon project completion;or execution of the agreement between the evidenced in accordance with (3)Other conditions of the temporary recipient and the subrecipient,or §578.25(b),if that occurs after the relocation are not reasonable;or between the recipient(or subrecipient, application for assistance; or (C)The program participant is as applicable)and the person owning or (C)Before the date described under required to move to another unit in the controlling the property.In the case of paragraph(c)(2)(i)(A)or(B)of this same building or complex,and any one an option contract to acquire property, section,if the recipient or HUD of the following situations occurs: the initiation of negotiations does not determines that the displacement (1)The program participant is not become effective until execution of a resulted directly from acquisition, offered reimbursement for all reasonable written agreement that creates a legally rehabilitation,or demolition for the out-of-pocket expenses incurred in enforceable commitment to proceed project;or connection with the move; with the purchase,such as a purchase (D)By a tenant of a building that is (2)The program participant is not agreement. not assisted under Title IV of the eligible to remain in the building or (d)Real property acquisition McKinney-Vento Act,if the tenant complex upon project completion;or requirements.Except for acquisitions moves after execution of the agreement (3)Other conditions of the move are described in 49 CFR 24.101(b)(1) covering the acquisition,rehabilitation, not reasonable. through(5),the URA and the or demolition of the property for the (iii)Notwithstanding the provisions of requirements of 49 CFR part 24,subpart project;or paragraph(c)(2)(1)or(ii)of this section, B apply to any acquisition of real (ii)For the purposes of paragraph(c) a person does not qualify as a property for a project where there are of this section,the term"displaced "displaced person"if: Continuum of Care funds in any part of person"means any person(family, (A)The person has been evicted for the project costs. individual,business,nonprofit serious or repeated violation of the (e)Appeals.A person who disagrees organization,or farm)that moves from terms and conditions of the lease or the recipient's(or subrecipient' if with real property,or moves personal occupancy agreement;the eviction a licable)determination concerning property from real property, complied with applicable federal,State, whether the person qualifies as a permanently,as a direct result of or local requirements(see§578.91);and di laced arson,or the amount of acquisition,rehabilitation,or the recipient or subrecipient determines relocation assistance for which the demolition for a project.This includes that the eviction was not undertaken for parson is eligible,may file a written any permanent,involuntary move for a the purpose of evading the obligation to appeal of that determination with the project that is made by a program provide relocation assistance; recipient(see 49 CFR 24,10).A low participant occupying transitional (B)The person moved into the income person who is dissatisfied with housing or permanent housing assisted property after the submission of the the recipient's determination on his or under Title IV of the McKinney-Vento application but,before signing a lease or her appeal may submit a written request Act,if any one of the following three occupancy agreement and commencing for review of that determination to the situations occurs: occupancy,was provided written notice local HUD field office. (A)The program participant moves of the project's possible impact on the after execution of the agreement person(e.g.,the person maybe §578.85 Timeliness standards. covering the acquisition,rehabilitation, displaced,temporarily relocated,or (a)In general.Recipients must initiate or demolition of the property for the incur a rent increase)and the fact that approved activities and projects project and is either not eligible to the person would not qualify as a promptly. return upon project completion or the "displaced person"(or for any (b) Construction activities.Recipients move occurs before the program relocation assistance provided under of funds for rehabilitation or new participant is provided written notice this section),as a result of the project; construction must meet the following offering the program participant an (C)The person is ineligible under 49 standards: opportunity to occupy a suitable, CFR 24.2(a)(9)(ii)); decent,safe,and sanitary dwelling in (D)The person is a program (1)Construction activities must begin the same building or complex upon participant occupying transitional within 9 months of the later of signing project completion under reasonable housing or permanent housing assisted of the grant agreement or of signing an terms and conditions.Such reasonable under Title IV of the Act who must addendum to the grant agreement terms and conditions must include a move as a direct result of the length-of- authorizing use of grant funds for the lease(or occupancy agreement,as occupancy restriction under§578.79;or project. applicable)consistent with Continuum (E)HUD determines that the person (2)Construction activities must be of Care program requirements,including was not displaced as a direct result of completed within 24 months of signing a monthly rent or occupancy charge and acquisition,rehabilitation,or the grant agreement. monthly utility costs that does not demolition for the project. (3)Activities that cannot begin until exceed the maximum amounts (iv)The recipient may request,at any after construction activities are established in§578.77;or time,HUD's determination of whether a completed must begin within 3 months (B)The program participant is displacement is or would be covered of the date that construction activities completed. required to relocate temporarily,does under this section. are com p not return to the building or complex, (3)Initiation of negotiations.For (c)Distribution.A recipient that and any one of the following situations purposes of determining the formula for receives funds through this part must: occurs: computing replacement housing (1)Distribute the funds to (1)The program participant is not payment assistance to be provided to a subrecipients(in advance of offered payment for all reasonable out- displaced person pursuant to this expenditures by the subrecipients); Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45461 (2)Distribute the appropriate portion funds as provided under the regulations be used for the acquisition, of the funds to a subrecipient no later of this part without impairing its construction,or rehabilitation of than 45 days after receiving an independence,autonomy,expression of structures only to the extent that those approvable request for such distribution religious beliefs,or religious character. structures are used for conducting from the subrecipient;and Such organization will retain its eligible activities under this part.When (3)Draw down funds at least once per independence from federal,State,and a structure is used for both eligible and quarter of the program year,after local government,and may continue to explicitly religious activities,program eligible activities commence. carry out its mission,including the funds may not exceed the cost of those §578.87 Limitation on use of funds. definition,development,practice,and portions of the acquisition,new expression of its religious beliefs, construction,or rehabilitation that are (a)Maintenance of effort.No provided that it does not use direct attributable to eligible activities in assistance provided under this part(or program funds to support or engage in accordance with the cost accounting any State or local government funds any explicitly religious activities, requirements applicable to the used to supplement this assistance)may including activities that involve overt Continuum of Care program. be used to replace State or local funds religious content,such as worship, Sanctuaries,chapels,or other rooms previously used,or designated for use, religious instruction,or proselytization, that a Continuum of Care program- to assist homeless persons. or any manner prohibited by law. funded religious congregation uses as its (b)Faith-based activities. (1)Equal Among other things,faith-based principal place of worship,however,are treatment of program participants and organizations may use space in their ineligible for Continuum of Care program beneficiaries.(i)Program facilities to provide program-funded program-funded improvements. participants.Organizations that are services,without removing or altering Disposition of real property after the religious or faith-based are eligible,on religious art,icons,scriptures,or other term of the grant,or any change in the the same basis as any other religious symbols.In addition,a use of the property during the term of organization,to participate in the Continuum of Care program-funded the grant,is subject to governmentwide Continuum of Care program.Neither the religious organization retains its regulations governing real property Federal Government nor a State or local authority over its internal governance, disposition(see 24 CFR parts 84 and government receiving funds under the and it may retain religious terms in its 85), Continuum of Care program shall organization's name,select its board (6)Supplemental funds.If a State or discriminate against an organization on members on a religious basis,and local government voluntarily the basis of the organization's religious include religious references in its contributes its own funds to supplement character or affiliation.Recipients and organization's mission statements and federally funded activities,the State or subrecipients of program funds shall other governing documents. local government has the option to not,in providing program assistance, (4)Alternative provider.If a program segregate the federal funds or discriminate against a program participant or prospective program commingle them.However,if the funds participant or prospective program participant of the Continuum of Care are commingled,this section applies to participant on the basis of religion or program supported by HUD objects to all of the commingled funds. religious belief. the religious character of an (c)Restriction on combining funds.In (ii)Beneficiaries.In providing organization that provides services a single structure or housing unit,the services supported in whole or in part under the program,that organization following types of assistance may not be with federal financial assistance,and in shall,within a reasonably prompt time combined: their outreach activities related to such after the objection,undertake reasonable (1)Leasing and acquisition, services,program participants shall not efforts to identify and refer the program rehabilitation,or new construction; discriminate against current or participant to an alternative provider to (2)Tenant-based rental assistance and prospective program beneficiaries on which the prospective program acquisition,rehabilitation,or new the basis of religion,a religious belief, participant has no objection.Except for construction; a refusal to hold a religious belief,or a services provided by telephone,the (3) Short-or medium-term rental refusal to attend or participate in a Internet,or similar means,the referral assistance and acquisition, religious practice. must be to an alternate provider in rehabilitation,or new construction; (2) Separation of explicitly religious reasonable geographic proximity to the (4)Rental assistance and leasing;or activities.Recipients and subrecipients organization making the referral.In (5)Rental assistance and operating. of Continuum of Care funds that engage making the referral,the organization (d)Program fees.Recipients and in explicitly religious activities, shall comply with applicable privacy subrecipients may not charge program including activities that involve overt laws and regulations.Recipients and participants program fees. religious content such as worship, subrecipients shall document any religious instruction,or proselytization, objections from program participants §578.89 Limitation on use of grant funds must perform such activities and offer and prospective program participants to serve persons defined as homeless such services outside of programs that and any efforts to refer such participants under other federal laws. are supported with federal financial to alternative providers in accordance (a)Application requirement. assistance separately,in time or with the requirements of Applicants that intend to serve location,from the programs or services §578.103(a)(13).Recipients shall ensure unaccompanied youth and families with funded under this part,and that all subrecipient agreements make children and youth defined as homeless participation in any such explicitly organizations receiving program funds under other federal laws in paragraph religious activities must be voluntary for aware of these requirements. (3)of the homeless definition in§576.2 the program beneficiaries of the HUD- (5)Structures.Program funds may not must demonstrate in their application, funded programs or services. be used for the acquisition, to HUD's satisfaction,that the use of (3)Religious identity.A faith-based construction,or rehabilitation of grant funds to serve such persons is an organization that is a recipient or structures to the extent that those equal or greater priority than serving subrecipient of Continuum of Care structures are used for explicitly persons defined as homeless under program funds is eligible to use such religious activities.Program funds may paragraphs(1),(2),and(4)of the 45462 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations definition of homeless in§576.2.To §578.93 Fair Housing and Equal addiction treatment,domestic violence demonstrate that it is of equal or greater opportunity. services,or a high intensity package priority,applicants must show that it is (a)Nondiscrimination and equal designed to meet the needs of hard-to- equally or more cost effective in meeting opportunity requirements.The reach homeless persons).While the the overall goals and objectives of the nondiscrimination and equal housing may offer services for a plan submitted under section opportunity requirements set forth in 24 particular type of disability,no 427(b)(1)(B)of the Act,especially with CFR 5.105(a)are applicable. otherwise eligible individuals with respect to children and unaccompanied (b)Housing for specific disabilities or families including an youth. subpopulations.Recipients and individual with a disability,who may (b)Limit.No more than 10 percent of subrecipients may exclusively serve a benefit from the services provided may the funds awarded to recipients within particular homeless subpopulation in be excluded on the grounds that they do transitional or permanent housing if the not have a particular disability. a single Continuum of Care's geographic housing addresses a need identified by (c)Affirmatively furthering fair area may be used to serve such persons. the Continuum of Care for the housing.A recipient must implement its (c)Exception.The 10 percent geographic area and meets one of the programs in a manner that affirmatively limitation does not apply to following: furthers fair housing,which means that Continuums in which the rate of (1)The housing may be limited to one the recipient must: homelessness,as calculated in the most sex where such housing consists of a (1)Affirmatively market their housing recent point-in-time count,is less than single structure with shared bedrooms and supportive 'services to eligible one-tenth of one percent of the total or bathing facilities such that the persons regardless of race,color, population. considerations of personal privacy and national origin,religion,sex,age, §578.91 Termination of assistance to the physical limitations of the familial status,or handicap who are program participants. configuration of the housing make it least likely to apply in the absence of appropriate for the housing to be limited special outreach,and maintain records (a)Termination of assistance.The to one sex; of those marketing activities; recipient or subrecipient may terminate (2)The housing may be limited to a (2)Where a recipient encounters a assistance to a program participant who specific subpopulation,so long as condition or action that impedes fair violates program requirements or admission does not discriminate against housing choice for current or conditions of occupancy.Termination any protected class under federal prospective program participants, under this section does not bar the nondiscrimination laws in 24 CFR 5,105 provide such information to the recipient or subrecipient from providing (e.g.,the housing may be limited to jurisdiction that provided the further assistance at a later date to the homeless veterans,victims of domestic certification of consistency with the same individual or family. violence and their children, or Consolidated Plan;and (b)Due process.In terminating chronically homeless persons and (3)Provide program participants with assistance to a program participant,the families)' information on rights and remedies recipient or subrecipient must provide a (3)The housing may be limited to available under applicable federal,State formal process that recognizes the rights families 4 f the housing has in residence at and local fair housing and civil rights of individuals receiving assistance least one family with a child under the (d)Accessibility and integrative under the due process of law.This age of 18,the housing may exclude housing and services for persons with process,at a minimum,must consist of: registered sex offenders and persons disabilities.Recipients and (1)Providing the program participant with a criminal record that includes a subrecipients must comply with the with a written copy of the program rules violent crime from the project so long as accessibility requirements of the Fair and the termination process before the the child resides in the housing. Housing Act(24 CFR part 100),Section participant begins to receive assistance; (5)Sober housing may exclude 504 of the Rehabilitation Act of 1973(24 (2)Written notice to the program persons who refuse to sign an CFR part 8),and Titles H and III of the participant containing a clear statement occupancy agreement or lease that Americans with Disabilities Act,as of the reasons for termination; prohibits program participants from applicable(28 CFR parts 35 and 36).In (3)A review of the decision,in which possessing,using,or being under the accordance with the requirements of 24 the program participant is given the influence of illegal substances and/or CFR 8.4(d),recipients must ensure that opportunity to present written or oral alcohol on the premises. their program's housing and supportive objections before a person other than the (6)If the housing is assisted with services are provided in the most person(or a subordinate of that person) funds under a federal program that is integrated setting appropriate to the who made or approved the termination limited by federal statute or Executive needs of persons with disabilities. decision;and Order to a specific subpopulation,the (e)Prohibition against involuntary housing may be limited to that family separation.The age and gender (4)Prompt written notice of the final subpopulation(e.g.,housing also of a child under age 18 must not be used decision to the program participant. assisted with funding from the Housing as a basis for denying any family's (c)Hard-to-house populations. Opportunities for Persons with AIDS admission to a project that receives Recipients and subrecipients that are program under 24 CFR part 574 may be funds under this part. providing permanent supportive limited to persons with acquired housing for hard-to-house populations immunodeficiency syndrome or related §578.95 Conflicts of interest. of homeless persons must exercise diseases). (a)Procurement.For the procurement judgment and examine all extenuating (7)Recipients may limit admission to of property(goods,supplies,or circumstances in determining when or provide a preference for the housing equipment)and services,the recipient violations are serious enough to warrant to subpopulations of homeless persons and its subrecipients must comply with termination so that a program and families who need the specialized the codes of conduct and conflict-of- participant's assistance is terminated supportive services that are provided in interest requirements under 24 CFR only in the most severe cases. the housing(e.g.,substance abuse 85.36(for governments)and 24 CFR Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45463 84.42(for private nonprofit the criteria in paragraph(d)(2)(ii)of this the same interests or benefits as are organizations). section,provided that the recipient has being made available or provided to the (b)Continuum of Care board satisfactorily met the threshold group or class;and members.No Continuum of Care board requirements of paragraph(d)(2)(ii)of (G)Any other relevant considerations. member may participate in or influence this section. §578.97 Program income. discussions or resulting decisions (i) Threshold requirements.HUD will concerning the award of a grant or other consider an exception only after the (a)Defined.Program income is the financial benefits to the organization recipient has provided the following income received by the recipient or that the member represents. documentation: subrecipient directly generated by a (c) Organizational conflict.An (A)Disclosure of the nature of the grant-supported activity. organizational conflict of interest arises conflict,accompanied by a written (b)Use.Program income earned when,because of activities or assurance,if the recipient is a during the grant term shall be retained relationships with other persons or government,that there has been public by the recipient,and added to funds organizations,the recipient or disclosure of the conflict and a committed to the project by HUD and subrecipient is unable or potentially description of how the public disclosure the recipient,used for eligible activities unable to render impartial assistance in was made;and if the recipient is a in accordance with the requirements of the provision of any type or amount of private nonprofit organization,that the this part.Costs incident to the assistance under this part,or when a conflict has been disclosed in generation of program income may be covered person's,as in paragraph(d)(1) accordance with their written code of deducted from gross income to calculate of this section,objectivity in performing conduct or other conflict-of-interest program income,provided that the costs work with respect to any activity policy;and have not been charged to grant funds. (c)Rent and occupancy charges. assisted under this part is or might be (B)An opinion of the recipient's otherwise impaired.Such an attorney that the interest for which the Rents and occupancy charges collected organizational conflict would arise exception is sought would not violate from program participants are program when a board member of an applicant State or local law,or if the subrecipient income.In addition,rents and participates in decision of the applicant is a private nonprofit organization,the occupancy of transitional collected from concerning the award of a grant,or exception would not violate the residents of transitional housing may be provision of other financial benefits,to organization's internal policies. reserved,in whole or in part,to assist the organization that such member (ii)Factors to be considered for the residents from whom they are represents.It would also arise when an exceptions.In determining whether to collected to move to permanent employee of a recipient or subrecipient grant a requested exception after the housing. participates in making rent recipient has satisfactorily met the §578.99 Applicability of other federal reasonableness determinations under threshold requirements under paragraph requirements. §578.49(b)(2)and§578.51(g)and (c)(3)(i)of this section,HUD must In addition to the requirements set housing quality inspections of property conclude that the exception will serve forth in 24 CFR part 5,use of assistance under§578.75(b)that the recipient, to further the purposes of the provided under this part must comply subrecipient,or related entity owns. Continuum of Care program and the with the following federal requirements: (d)Other conflicts.For all other effective and efficient administration of (a)Environmental review.Activities transactions and activities,the following the recipient's or subrecipient's project, under this part are subject to restrictions apply: taking into account the cumulative environmental review by HUD under 24 (1)No covered person,meaning a effect of the following factors,as CFR part 50 as noted in§578.31. person who is an employee,agent, applicable: (b)Section 6002 of the Solid Waste consultant,officer,or elected or (A)Whether the exception would Disposal Act.State agencies and appointed official of the recipient or its provide a significant cost benefit or an agencies of a political subdivision of a subrecipients and who exercises or has essential degree of expertise to the state that are using assistance under this exercised any functions or program or project that would otherwise part for procurement,and any person responsibilities with respect to activities not be available; contracting with such an agency with assisted under this part,or who is in a (B)Whether an opportunity was respect to work performed under an position to participate in a decision- provided for open competitive bidding assisted contract,must comply with the making process or gain inside or negotiation; requirements of Section 6003 of the information with regard to activities (C)Whether the affected person has Solid Waste Disposal Act,as amended assisted under this part,may obtain a withdrawn from his or her functions, by the Resource Conservation and financial interest or benefit from an responsibilities,or the decision-making Recovery Act.In accordance with assisted activity,have a financial process with respect to the specific Section 6002,these agencies and interest in any contract,subcontract,or activity in question; persons must: agreement with respect to an assisted (D)Whether the interest or benefit (1)Procure items designated in activity,or have a financial interest in was present before the affected person guidelines of the Environmental the proceeds derived from an assisted was in the position described in Protection Agency(EPA)at 40 CFR part activity,either for him or herself or for paragraph(c)(i)of this section; 247 that contain the highest percentage those with whom he or she has (E)Whether undue hardship will of recovered materials practicable, immediate family or business ties, result to the recipient,the subrecipient, consistent with maintaining a during his or her tenure or during the or the person affected,when weighed satisfactory level of competition,where one-year period following his or her against the public interest served by the purchase price of the item exceeds tenure. avoiding the prohibited conflict; $10,000 or the value of the quantity (2)Exceptions.Upon the written (F)Whether the person affected is a acquired in the preceding fiscal year request of the recipient,HUD may grant member of a group or class of persons exceeded$10,000; an exception to the provisions of this intended to be the beneficiaries of the (2)Procure solid waste management section on a case-by-case basis,taking assisted activity,and the exception will services in a manner that maximizes into account the cumulative effects of permit such person to receive generally energy and resource recovery;and 45464 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (3)Must have established an (i)Section 3 of the Housing and establishing and operating a Continuum affirmative procurement program for the Urban Development Act.Recipients and of Care: procurement of recovered materials subrecipients must,as applicable, (1)Evidence that the Board selected by identified in the EPA guidelines. comply with Section 3 of the Housing the Continuum of Care meets the (c) Transparency Act Reporting. and Urban Development Act of 1968 requirements fh 578.5 Continuum h (b); Section 872 of the Duncan Hunter and its implementing regulations at 24 (ii)Evidence as , Defense Appropriations Act of 2009, CFR part 135,as applicable. been established and operated as set and additional requirements published forth in subpart B of this part,including by the Office of Management and Subpart G--Grant Administration published agendas and meeting Budget(OMB),requires recipients to minutes,an approved Governance report subawards made either as pass- 578.101 Technical assistance. Charter that is reviewed and updated through awards,subrecipient awards,or (a)Purpose.The purpose of annually,a written process for selecting vendor awards in the Federal Continuum of Care technical assistance a board that is reviewed and updated at Government Web site www.fsrs,gov or is to increase the effectiveness with least once every 5 years,evidence its successor system.The reporting of which Continuums of Care,eligible required for designating a single HMIS award and subaward information is in applicants,recipients,subrecipients, for the Continuum,and monitoring accordance with the requirements of the and UFAs implement and administer reports of recipients and subrecipients; Federal Financial Assistance their Continuum of Care planning p(iii)Evidence that the Continuum has Accountability and Transparency Act of process;improve their capacity to prepared the application for funds as set 2006,as amended by section 6202 of prepare applications;prevent the forth in§578.9,including the Public Law 110-252 and in OMB Policy separation of families in projects funded designation of the eligible applicant to Guidance issued to the federal agencies under the Emergency Solutions Grants, be the collaborative applicant. on September 14,2010(75 FR 55669). Continuum of Care,and Rural Housing (2) Unified funding agency records. (d) The Coastal Barrier Resources Act Stability Assistance programs;and UFAs that requested grant amendments of 1982(16 U.S.C.3501 et seq.)may adopt and provide best practices in from HUD,as set forth in§578,105, apply to proposals under this part, housing and services for persons must keep evidence that the grant depending on the assistance requested. experiencing homelessness. amendment was approved by the (e)Applicability of OMB Circulars. (b)Defined.Technical assistance Continuum.This evidence may include The requirements of 24 CFR part 85— means the transfer of skills and minutes of meetings at which the grant Administrative Requirements for Grants knowledge to entities that may need,but amendment was discussed and and Cooperative Agreements to State, do not possess,such skills and approved. Local,and Federally Recognized Indian knowledge.The assistance may include, (3)Homeless status.Acceptable Tribal Governments and 2 CFR part but is not limited to,written evidence of the homeless as status is set 225—Cost Principles for State,Local information such as papers,manuals, forth in 24 CFR 576.500(b). and Indian Tribal Governments(OMB guides,and brochures;person-to-person (4)At risk of homelessness status.For Circular A-87)—apply to governmental exchanges;web-based curriculums, those recipients and subrecipients that recipients and subrecipients except training and Webinars,and their costs. serve persons at risk of homelessness, where inconsistent with the provisions (c)Set-aside.HUD may set aside the recipient or subrecipient must keep of this part.The requirements of 24 CFR funds annually to provide technical records that establish"at risk of part 84—Uniform Administrative assistance,either directly by HUD staff homelessness"status of each individual Requirements for Grants and or indirectly through third-party or family who receives Continuum of Agreements with Institutions of Higher providers. Care homelessness prevention Education,Hospitals,and Other Non- (d)Awards.From time to time,as assistance.Acceptable evidence is Profit Organizations;2 CFR part 230— HUD determines the need,HUD may found in 24 CFR 576.500(c). Cost Principles for Non-Profit advertise and competitively select (5)Records of reasonable belief of of harm.For each threat o Organizations(OMB Circular A-122); providers to deliver technical imminent t and 2 CFR part 220—Cost Principles for assistance.HUD may enter into program participant who moved to a Education Institutions apply to the contracts,grants,or cooperative different Continuum of Care due to nonprofit recipients and subrecipients, agreements,when necessary,to imminent threat of further domestic except where inconsistent with the implement the technical assistance. violence,dating violence,sexual provisions of the McKinney-Vento Act HUD may also enter into agreements assault,or stalking under§578.51(c)(3), or this part. with other federal agencies for awarding each recipient or subrecipient of (f)Lead-based paint.The Lead-Based the technical assistance funds. assistance under this part must retain: Paint Poisoning Prevention Act(42 (i)Documentation of the original U.S.C.4821-4846),the Residential §578.103 Recordkeeping requirements. incidence of domestic violence,dating Lead-Based Paint Hazard Reduction Act (a)In general.The recipient and its violence,sexual assault,or stalking, of 1992 (42 U.S.C.4851-4856),and subrecipients must establish and only lithe original violence is not implementing regulations at 24 CFR part maintain standard operating procedures already documented in the program 35,subparts A,B,H,J,K,M,and R for ensuring that Continuum of Care participant's case file.This may be apply to activities under this program. program funds are used in accordance written observation of the housing or (g)Audit.Recipients and with the requirements of this part and service provider;a letter or other subrecipients must comply with the must establish and maintain sufficient documentation from a victim service audit requirements of OMB Circular A– records to enable HUD to determine provider,social worker,legal assistance 133, "Audits of States;Local whether the recipient and its provider,pastoral counselor,mental Governments,and Non-profit subrecipients are meeting the health provider,or other professional Organizations." requirements of this part,including: from whom the victim has sought (h)Davis-Bacon Act.The provisions (1)Continuum of Care records.Each assistance;medical or dental records; of the Davis-Bacon Act do not apply to collaborative applicant must keep the court records or law enforcement this program. following documentation related to records;or written certification by the Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45465 program participant to whom the subrecipient must keep records for each must maintain copies of their marketing, violence occurred or by the head of program participant that document: outreach,and other materials used to household. (i)The services and assistance inform eligible persons of the program (ii)Documentation of the reasonable provided to that program participant, to document compliance with the belief of imminent threat of further including evidence that the recipient or requirements in§575,93(c). domestic violence,dating violence,or subrecipient has conducted an annual (15) Other federal requirements.The sexual assault or stalking,which would assessment of services for those program recipient and its subrecipients must include threats from a third-party,such participants that remain in the program document their compliance with the as a friend or family member of the for more than a year and adjusted the federal requirements in§578.99,as perpetrator of the violence.This may be service package accordingly,and applicable. written observation by the housing or including case management services as (16)Subrecipients and contractors. (i) service provider;a letter or other provided in§578.37(a)(1)(ii)(F);and The recipient must retain copies of all documentation from a victim service (ii)Where applicable,compliance solicitations of and agreements with provider,social worker,legal assistance with the termination of assistance subrecipients,records of all payment provider,pastoral counselor,mental requirement in§578.91. requests by and dates of payments made health provider, or other professional (8)Housing standards.The recipient to subrecipients,and documentation of from whom the victim has sought or subrecipient must retain all monitoring and sanctions of assistance;current restraining order; documentation of compliance with the subrecipients,as applicable. recent court order or other court housing standards in§578.75(b), (ii)The recipient must retain records;law enforcement report or including inspection reports. documentation of monitoring records;communication records from (9) Services provided.The recipient or subrecipients,including any monitoring the perpetrator of the violence or family subrecipient must document the types findings and corrective actions required. members or friends of the perpetrator of of supportive services provided under (iii)The recipient and its the violence,including emails, the recipient's program and the amounts subrecipients must retain copies of all voicemails,text messages,and social spent on those services.The recipient or procurement contracts and media posts;or a written certification by subrecipient must keep record that these documentation of compliance with the the program participant to whom the records were reviewed at least annually procurement requirements in 24 CFR violence occurred or the head of and that the service package offered to 85.36 and 24 CFR part 84. household. program participants was adjusted as (17) Other records specified by HUD. (6)Annual income.For each program necessary. The recipient and subrecipients must participant who receives each (10)Match.The recipient must keep keep other records specified by HUD. participant who receives e an occupancy records of the source and use of (b) Confidentiality.In addition to charge is by the program contributions made to satisfy the match meeting the specific confidentiality and participant,is paid the recipient program ra subrecipient requirement in§578.73.The records security requirements for HMIS data, must span the following documentation must indicate the grant and fiscal year the recipient and its subrecipients must m annual income: for which each matching contribution is develop and implement written of evaluation form specified counted.The records must show how procedures to ensure: (i)Income evalu by HUD and completed form by the recipient the value placed on third party in-kind (1)All records containing protected or subrecipient;and contributions was derived.To the extent identifying information of any (ii)S documents(e.g.,most feasible,volunteer services must be individual or family who applies for recent Source a statement,unemployment supported by the same methods that the and/or receives Continuum of Care g organization uses to support the assistance will be kept secure and compensation statement,public benefits allocation of regular personnel costs. confidential; statement,bank statement)for the assets (11) Conflicts of interest.The (2)The address or location of any held by the program participant and recipient and its subrecipients must family violence project assisted with income received before the date of the keep records to show compliance with Continuum of Care funds will not be evaluation; the organizational conflict-of-interest made public,except with written (iii)To the extent that source requirements in§578.95(c),the authorization of the person responsible documents are unobtainable,a written Continuum of Care board conflict-of- for the operation of the project;and statement by the relevant third party interest requirements in§578.95(b),the (3)The address or location of any (e.g.,employer,government benefits other conflict requirements in housing of a program participant will administrator)or the written §578.95(d),a copy of the personal not be made public,except as provided certification by the recipient's or conflict-of-interest policy developed under a preexisting privacy policy of the subrecipient's intake staff of the oral and implemented to comply with the recipient or subrecipient and consistent verification by the relevant third party requirements in§578.95,and records with State and local laws regarding of the income the program participant supporting exceptions to the personal privacy and obligations of received over the most recent period;or conflict-of-interest prohibitions. confidentiality; (iv)To the extent that source (12)Homeless participation.The (c)Period of record retention.All documents and third-party verification recipient or subrecipient must records pertaining to Continuum of Care are unobtainable,the written document its compliance with the funds must be retained for the greater of certification by the program participant homeless participation requirements 5 years or the period specified below. of the amount of income that the under§578.75(g). Copies made by microfilming, program participant is reasonably (13)Faith-based activities.The photocopying,or similar methods may expected to receive over the 3-month recipient and its subrecipients must be substituted for the original records. period following the evaluation. document their compliance with the (1)Documentation of each program (7)Program participant records.In faith-based activities requirements participant's qualification as a family or addition to evidence of"homeless" under§578.87(b). individual at risk of homelessness or as status or"at-risk-of-homelessness" (14)Affirmatively Furthering Fair a homeless family or individual and status,as applicable,the recipient or Housing.Recipients and subrecipients other program participant records must • 45466 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations • be retained for 5 years after the proposed reduction in the total number other sources,including citizen expenditure of all funds from the grant of units funded under the grant. comments,complaint determinations, under which the program participant (2)Approval of substitution of the and litigation. was served;and recipient is contingent on the new (2)If HUD determines preliminarily (2)Where Continuum of Care funds recipient meeting the capacity criteria in that the recipient or one of its are used for the acquisition,new the NOFA under which the grant was subrecipients has not complied with a construction,or rehabilitation of a awarded,or the most recent NOFA. program requirement,HUD will give the project site,records must be retained Approval of shifting funds between recipient notice of this determination until 15 years after the date that the activities and changing subpopulations and an opportunity to demonstrate, project site is first occupied,or used,by is contingent on the change being within the time prescribed by HUD and program participants. necessary to better serve eligible persons on the basis of substantial facts and data (d)Access to records.(1)Federal within the geographic area and ensuring that the recipient has complied with the Government rights.Notwithstanding the that the priorities established under the requirements.HUD may change the confidentiality procedures established NOFA in which the grant was originally method of payment to require the under paragraph(b)of this section, awarded,or the most recent NOFA,are recipient to submit documentation HUD,the HUD Office of the Inspector met. before payment and obtain HUD's prior General,and the Comptroller General of (b)For Continuums having more than approval each time the recipient draws the United States,or any of their one recipient.(1)The recipients or down funds.To obtain prior approval, authorized representatives,must have subrecipients may not make any the recipient may be required to the right of access to all books, significant changes to a project without manually submit its payment requests documents,papers,or other records of prior HUD approval,evidenced by a and supporting documentation to HUD the recipient and its subrecipients that grant amendment signed by HUD and in order to show that the funds to be are pertinent to the Continuum of Care the recipient.Significant changes drawn down will be expended on grant,in order to make audits, include a change of recipient,a change eligible activities in accordance with all examinations,excerpts,and transcripts. of project site,additions or deletions in program requirements. These rights of access are not limited to the types of eligible activities approved (3)If the recipient fails to demonstrate the required retention period,but last as for a project,a shift of more than 10 to HUD's satisfaction that the activities long as the records are retained. percent from one approved eligible were carried out in compliance with (2)Public rights.The recipient must activity to another,a reduction in the program requirements,HUD may take provide citizens,public agencies,and number of units,and a change in the one or more of the remedial actions or other interested parties with reasonable subpopulation served. sanctions specified in paragraph(b)of access to records regarding any uses of (2)Approval of substitution of the this section. Continuum of Care funds the recipient recipient is contingent on the new (b)Remedial actions and sanctions. received during the preceding 5 years, recipient meeting the capacity criteria in Remedial actions and sanctions for a consistent with State and local laws the NOFA under which the grant was failure to meet a program requirement regarding privacy and obligations of awarded,or the most recent NOFA. will be designed to prevent a confidentiality and confidentiality Approval of shifting funds between continuation of the deficiency;to • requirements in this part. activities and changing subpopulations mitigate,to the extent possible,its (e)Reports.In addition to the is contingent on the change being adverse effects or consequences;and to reporting requirements in 24 CFR parts necessary to better serve eligible persons prevent its recurrence. 84 and 85,the recipient must collect within the geographic area and ensuring (1)HUD may instruct the recipient to and report data on its use of Continuum that the priorities established under the submit and comply with proposals for of Care funds in an Annual Performance NOFA in which the grant was originally action to correct,mitigate,and prevent Report(APR),as well as in any awarded,or the most recent NOFA,are noncompliance with program additional reports as and when required met. requirements,including: by HUD.Projects receiving grant funds (c)Documentation of changes not ci)Preparing and following a schedule only for acquisition,rehabilitation,or requiring a grant amendment.Any other of actions for carrying out activities and new construction must submit APRs for changes to an approved grant or project projects affected by the noncompliance, 15 years from the date of initial must be fully documented in the including schedules,timetables,and occupancy or the date of initial service recipient's or subrecipient's records. milestones necessary to implement the provision,unless HUD provides an affected activities and projects; exception under§578.81(e). §578.107 Sanctions. (ii)Establishing and following a (a)Performance reviews.(1)HUD will management plan that assigns §578.105 Grant and project changes. review the performance of each responsibilities for carrying out the (a)For Unified Funding Agencies and recipient in carrying out its remedial actions; Continuums having only one recipient, responsibilities under this part,with or (iii)Canceling or revising activities or (1)The recipient may not make any without prior notice to the recipient.In projects likely to be affected by the significant changes without prior HUD conducting performance reviews,HUD noncompliance,before expending grant approval,evidenced by a grant will rely primarily on information funds for them; amendment signed by HUD and the obtained from the records and reports (iv)Reprogramming grant funds that recipient. Significant grant changes from the recipient and subrecipients,as have not yet been expended from include a change of recipient,a shift in well as information from on-site affected activities or projects to other a single year of more than 10 percent of monitoring,audit reports,and eligible activities or projects; the total amount awarded under the information generated from HUD's 1v)Suspending disbursement of grant grant for one approved eligible activity financial and reporting systems(e.g., funds for some or all activities or category to another activity and a LOCCS and e-snaps)and HMIS.Where projects; permanent change in the subpopulation applicable,HUD may also consider (vi)Reducing or terminating the served by any one project funded under relevant information pertaining to the remaining grant of a subrecipient and the grant,as well as a permanent recipient's performance gained from either reallocating those funds to other Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45467 subrecipients or returning funds to other funded activities cannot (1)Identification of any closeout costs HUD;and reasonably be expected to be expended or contingent liabilities subject to (vii)Making matching contributions for eligible costs during the remaining payment with Continuum of Care before or as draws are made from the term of the grant; program funds after the closeout recipient's grant. (3)If the actual total cost of agreement is signed; (2)HUD may change the method of acquisition,rehabilitation,or new (2)Identification of any unused grant payment to a reimbursement basis. construction for a project is less than the funds to be deobligated by HUD; (3)HUD may suspend payments to total cost agreed to in the grant (3)Identification of any program the extent HUD determines necessary to agreement; income an deposit in financial preclude the further expenditure of (4)If the actual annual leasing costs, institutions at the time the closeout funds for affected activities or projects. operating costs,supportive services agreement is signed; (4)HUD may continue the grant with costs,rental assistance costs,or HMIS (4)Description of the recipient's a substitute recipient of HUD's costs are less than the total cost agreed responsibility after closeout for: choosing. to in the grant for agreement or a one-year g Y (i)Compliance with all program (5)HUD may deny matching credit for all or part of the cost of the affected period; requirements in using program income activities and require the recipient to (5)Program participants have not on deposit at the time the closeout make further matching contributions to moved into units within 3 months of the agreement is signed and in using any make up for the contribution time that the units are available for other remaining Continuum of Care determined to be ineligible. occupancy;and program funds available for closeout (6)HUD may require the recipient to (6)The grant agreement may set forth costs and contingent liabilities; reimburse the recipient's line of credit in detail other circumstances under (ii)Use of real property assisted with in an amount equal to the funds used for which funds may be deobligated and Continuum of Care program funds in the affected activities. other sanctions may be imposed. accordance with the terms of (7)HUD may reduce or terminate the §578.109 Closeout. commitment and principles; remaining grant of a recipient. (iii)Use of personal property (8)HUD may condition a future grant. (a)In general.Grants will be closed purchased with Continuum of Care (9)HUD may take other remedies that out in accordance with the requirements program funds;and of 24 CFR parts 84 and 85,and closeout iv Compliance with requirements are legally available. ( ) P q (c)Recipient sanctions.If the procedures established by HUD, governing program income received recipient determines that a subrecipient (b)Reports.Applicants must submit subsequent to grant closeout. is not complying all reports required by HUD no later with a program g ram than 90 days from the date of the end (5)Other provisions appropriate to requirement or its subrecipient Y any special circumstances of the grant agreement,the recipient must take one of the project's grant term, closeout,in modification of or in of the actions listed in paragraphs(a) (c) Closeout agreement.Any addition to the obligations in paragraphs and(b)of this section. obligations remaining as of the date of (c)(1)through(4)of this section. (d)Deobligation.HUD may deobligate the closeout must be covered by the Dated:June 28,2012. funds for the following reasons: terms of a closeout agreement.The (1)If the timeliness standards in agreement will be prepared by HUD in Mark Johnston, §578.85 are not met; consultation with the recipient.The Assistant Secretary for CommunityPlanning (2)If HUD determines that delays agreement must identify the grant being, and Development(Acting). completing construction activities for a closed out,and include provisions with [FR Doc.2012-17546 Filed 7-30-12;5:45 aml project will mean that the funds for respect to the following: BILLING cone 4210-e7-P Patricia L. Morgan From: BrockMaryJo <MaryJoBrock @colliergov.net> Sent: Friday, July 26, 2013 8:27 AM To: Markiewicz, Joanne; Brilhart, Brenda; Alonso, Halley; ScottTrinity; Teach, Scott; FinnEd; Lehnhard, Pat; Minutes and Records; Carnell, Steve Subject: Item approved in Board's absence Attachments: d95c3d96-ca3c-4234-9cf8-016a7d36497b.doc Good morning,The attached item was approved by Leo in the Board's absence and will be included under Item 16F1 on the September 10 BCC meeting agenda. Thanks, MJ Mary-Jo Brock - Executive Assistant to Leo E. Ochs,Jr. - County Manager's Office maryjobrock@colliergov.net 239.252.8364 please consider the environment before printing this email Ender Florida ida Law,e-mail addresses are pubic records.If you do not want your email address released in response to a public records request do not send e'cctronic mail to this entity.Instead,contact this office by telephone or in writing. 1 COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to reject the single proposal received for Request for Proposal (RFP) #13-6063 "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3" Meeting Date: 7/23/2013 Prepared By Approved By Name: BrilhartBrenda Title: Purchasing Agent,Purchasing& General Services Date: 7/22/2013 2:08:36 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 2:48:56 PM Name: MarkiewiczJoanne Title: Manager-Purchasing Acquisition,Purchasing& Gene Date: 7/22/2013 3:02:05 PM Name: Scott Trinity Date: 7/22/2013 3:52:28 PM Name: CarnellSteve Title: Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:44:10 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 7/24/2013 8:44:42 AM Name: KlatzkowJeff Title: County Attorney Date: 7/25/2013 8:16:58 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 7/25/2013 9:24:13 AM Name: OchsLeo Title: County Manager Date: 7/25/2013 4:43:14 PM EXECUTIVE SUMMARY Recommendation to reject the single proposal received for Request for Proposal (RFP) #13-6063 "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3" OBJECTIVE: To re-solicit the Request for Proposal in an effort to receive additional proposals. CONSIDERATIONS: On April 11, 2013, the Purchasing Department sent out notices for RFP #13- 6063 "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3." Forty five (45) companies (out of 1,289 notices sent) downloaded the bid package. The County received only one (1) proposal on May 3, 2013, from Hole Montes Inc. After only receiving the one response, staff contacted the 12 firms who downloaded the specifications and met the minimum qualification to inquire with the firms about their decision not to submit a proposal for RFP 13-6063. Overall it appears that the firms who did not respond to the request have staffing issues that prohibited them from performing the work outlined in the RFP. Staff recommends that this RFP go back out for a second solicitation in order to make every effort to be fully compliant with Florida Statutes § 287.055(4)(b), the Consultants' Competitive Negotiation Act (CCNA),which provides in part: (b) The agency shall select in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services. Although the possibility exists that a re-solicitation may still only result in receiving a single proposal, many other jurisdiction view it as a sound practice to re-solicit a second time in order to exhaust reasonable efforts to garner additional proposal before making a selection with fewer than three firms. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board,the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: There is no fiscal impact in the approval of this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners reject the one (1)response received for RFP #13-6063 for "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3,"and authorizes Staff to reissue a modified solicitation. Prepared By: Darryl Richard,RLA,Project Manager,ATM Department COLLIER COUNTY Board of County Commissioners Item Number: <item_outline> Item Summary: Recommendation to reject the single proposal received for Request for Proposal (RFP) #13-6063 "Construction Engineer and Landscape Inspection Services and Site Restoration Services for Vanderbilt Beach MSTU: FPL Underground Conversion Phase 2 and 3" Meeting Date: 7/23/2013 Prepared By Approved By Name:BrilhartBrenda Title:Purchasing Agent,Purchasing&General Services Date: 7/22/2013 2:08:36 PM Name: AlonsoHailey Title: Operations Analyst,Public Service Division Date: 7/22/2013 2:48:56 PM Name: MarkiewiczJoanne Title:Manager-Purchasing Acquisition,Purchasing&Gene Date: 7/22/2013 3:02:05 PM Name: Scott Trinity Date: 7/22/2013 3:52:28 PM Name: CarnellSteve Title:Director-Purchasing/General Services,Purchasing Date: 7/22/2013 7:44:10 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 7/24/2013 8:44:42 AM Name: KlatzkowJeff Title: County Attorney Date: 7/25/2013 8:16:58 AM Name: FinnEd Title: Senior Budget Analyst,OMB Date: 7/25/2013 9:24:13 AM Name: OchsLeo Title: County Manager Date: 7/25/2013 4:43:14 PM