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Agenda 11/12/2013 Item #16D 2Proposed Agenda Changes Board of County Commissioners Meeting November 12, 2013 Add On Item 11D: Recommendation to approve an emergency declaration extending the hours associated with excavation and hauling activities for Stewart Mine in order to facilitate the expedited completion of the current beach renourishment project. (Staff request) Move Item 16C2 to Item 11E: Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001 -73, as amended, the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility with the Collier County Consolidated Impact Fee Ordinance, as amended. (Staffs request) Withdraw Item 16D2: Recommendation to approve five (5) releases of Affordable Housing Density Bonus liens due to properties being sold at less than the original purchase price. (Staffs request) Continue Item 16DII to December 10, 2013 BCC Meetine: Recommendation to approve three (3) Subrecipient Agreements for the U.S. Housing and Urban Development (HUD) Community Development Block Grant (CDBG) projects previously approved for funding in amended FY2011 -2012 and FY2012- 2013 HUD Annual Action Plans approved by the Board on October 8, 2013. (Staffs request) Move Item 16F1 to Item 11F: Recommendation to approve the selection and contract of Aviareps for tourism representation services in Brazil, authorize the Chair to sign a County Attorney approved contract, and make a finding that this expenditure promotes tourism. (Commissioner Henning's request) Move Item 16K3 to Item 12B: Recommendation that the Board of County Commissioners adopts the attached Resolution to amend the current policy regarding reimbursement of travel and expenses incurred by County Commissioners in the performance of their official duties. (Commissioner Coyle and Commissioner Fiala's separate requests) Move Item 17B to Item 9C: Recommendation to adopt an Ordinance repealing the ordinances which created the Animal Services Advisory Board, the Solid Waste Management Advisory Committee, the Collier County Public Health Unit Advisory Board, the Collier County Council of Economic Advisors, the Marco Island Vision Planning Advisory Committee, and the County Government Productivity Committee. (Commissioner Coyle's request) Move Item 17C to Item 91): Recommendation to adopt an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, providing for modifications directed by the Board of County Commissioners related to a change in the timing of payment of impact fees to issuance of a certificate of occupancy, the inclusion of Water and Wastewater Impact Fees as eligible for the "Impact Fee Program for Existing Commercial Redevelopment" and including additional minor updates or corrections related to "Adult Only Communities," obsolete refund provisions, reimbursement agreements and the "former" Goodland Water District. (Staffs request) Proposed Agenda Changes Board of County Commissioners Meeting November 12, 2013 Page 2 Note: Item 16E4: Page 6 of the Federally Funded Subgrant Agreement, Section 11 Remedies, should read: If an Event of Default occurs, then the Division mny shall, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively. (State's request) Time Certain Items: Item 12A to be heard at 11:00 a.m. Item IIC to be heard at 2:30 p.m. Item HE to be heard immediately following Item 9D 1-10�. /1 11/12/2013 16.D.2. Executive Summary Recommendation to approve five (5) releases of Affordable Housing Density Bonus liens due to properties being sold at less than the original purchase price. OBJECTIVE: To approve five (5) releases of liens to satisfy an Affordable Housing Density Bonus lien agreement recorded against units which are no longer subject to the terms and conditions of the agreement. CONSIDERATIONS: Properties depicted in the table below are all subject to Affordable Housing Density Bonus (AHDB) program restrictions as set forth in Lien instruments pursuant to Section 2.06.04(AX9) of the Collier County Land Development Code (LDC) recorded in the Official Records Book of the Public Records of Collier County. The AHDB program provides an incentive for the construction of affordable housing by allowing the developer to seek additional density in exchange for committing to reserve a portion of housing units for income qualified purchasers. As such, the subsequent property owners did not receive financial assistance in exchange for executing the AHDB liens. Each lien agreement includes the following financial restriction: 1. If, within fifteen years, after the original purchase date, the property is sold at a sales price in excess of five percent per year above the original purchase price, the seller shall pay Collier County an amount equal to one half of the sales price in excess of the five percent increase per year. This provision is consistent with LDC Section 2.06.04(A)(9) which states: "No affordable housing unit that is to be sold, leased with option to purchase, or otherwise conveyed in the development shall be sold, leased with option to purchase or otherwise conveyed to a buyer whose household income has not been verified and certified in accordance with this section as moderate, low, or very low income family. Such verification and certification shall be the responsibility of the developer and shall be submitted to the County Manager or his designee for approval. It is the intent of this section to keep housing affordable; therefore, any person who buys an affordable housing unit must agree, in a lien instrument to be recorded with the Clerk of the Circuit Court of Collier County, Florida, that if he sells the property (including the land and/or the unit) within 15 years after his original purchase at a sales price in excess of five percent per year of his original purchase price that he will pay to the county an amount equal to one -half of the sales price in excess of five percent increase per year. The lien instrument may be subordinated to a qualifying first mortgage." However, the AHDB lien or LDC Section 2.06.04(AX9) only applies to developer sales and is silent as to what happens in the event of a short sale, foreclosure or bankruptcy and does not contemplate sales prices below the original purchase price. Staff is in process of initiating an amendment to LDC Section 2.06.04 for Board consideration that contemplates sales prices lower than original purchase prices and also clarifies that units being transferred Packet Page -1464- 11/12/2013 16.D.2. in context of short sale, foreclosure and/or bankruptcy may be released from the affordable housing bonus density restriction irrespective of ultimate sale price. Pursuant to Section 2.06.00 et seq. of the Collier County LDC, the following properties are encumbered by an AHDB lien. As detailed above, the property was transferred for less than the original purchase price. There is no repayment obligation to Collier County and a release of lien is required. Purchase Purchase County's Lien Type of Resale Date Address of Property Price Recorded Resale Date Transaction Price 4420 Botanical Place 10/16/2006 #9103 5137,158.27 OR4126/PG1278 11/26/2012 Foreclosure $100.00* 4420 Botanical Place 10 /20/2006 #9205 $137158.27 OR4127/PG0628 11/27/2012 Foreclosure $100.00* 4430 Botanical Place 9/21/2006 #8404 $126,970.16 OR4111/PG1766 7/19/2013 Short Sale $72,000.00 4/3 /2007 7538 Bristol Circle $181,900.00 OR4212/PG2686 8/5/2013 Short Sale $88,500.00 5235 Beckton Rd # 10/19/2007 284 $177,359.00 OR4301/PG2689 1 3/1/2010 1 Short Sale $98,000.00 * $100 is the consideration paid by the mortgage company that prevailed in the foreclosure FISCAL EWPACT• None GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. JAB RECOMMENDATIONS: To approve five (5) releases of Affordable Housing Density Bonus lien due to properties being sold at less than the original purchase price. Prepared by: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services Packet Page -1465- 11/12/2013 16.D.2. �-. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.2. Item Summary: Recommendation to approve and authorize the Chairwoman to sign five (5) releases of Affordable Housing Density Bonus liens due to properties being sold at less than the original purchase price. Meeting Date: 10/8/2013 Prepared By Name: KlopfWendy Title: Operations Coordinator,Housing, Human & Veteran Se 9/9/2013 2:43:08 PM Submitted by Title: Operations Coordinator,Housing, Human & Veteran Se Name: K1opfWendy 9/9/2013 2:43:10 PM Approved By Name: KushiEdmond Date: 9/10/2013 9:48:15 AM Name: McKuenElly Title: Grant Support Specialist, Housing, Human & Veteran Date: 9/10/2013 2:08:14 PM Name: GrantKimberley Title: Interim Director Date: 9/18/2013 7:00:58 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 9/23/2013 3:49:37 PM Name: SonntagKristi Packet Page -1466- 11/12/2013 16.D.2. Date: 9/25/2013 2:59:58 PM Name: RobinsonErica Date: 9/25/2013 3:46:55 PM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 9/26/2013 2:55:32 PM Name: CarnellSteve Title: Purchasing/General Services Director Date: 9/26/2013 5:08:35 PM Name: KlatzkowJeff Title: County Attorney Date: 9/27/2013 8:04:11 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 9/27/2013 3:12:35 PM Name: FinnEd n Title: Senior Budget Analyst, OMB Date: 9/27/2013 3:39:48 PM Name: KlatzkowJeff Title: County Attorney Date: 9/30/2013 10:53:15 AM Name: OchsLeo Title: County Manager Date: 10/2/2013 11:47:32 AM Packet Page -1467- Prepared by: Wendy Klopf Collier County Housing, Human & Veterans services Dept 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 RELEASE OF LIEN 11/12/2013 16.D.2. THIS SPACE FOR RECORDING KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trait, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Edmundo A. Auza to Collier County, executed on October 24, 2006 and Recorded in Official Records Book 4126, Page 1278, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above - named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - 2013, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK By: ,DEPUTY CLERK Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney 0. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ.,CHAIRWOMAN Packet Page -1468- 11/12/2013 16.D.2. * ** 3920747 OR: 4126 PG: 1278 "1 UCOIDID is 017ICIAL UCCUS of COILIII COOI7I, n 10/14/2006 at 08:04AK DRIW I. SIOCI, CtIU UC m 10.0# Prepared by and to be returned to: Aeta: ' IT Al, Lenren Begir min PUSIDOMO d Collier County Operational Support k Housing S21 5711 AVI S #101 2100 N. Horseshoe Drive, 0400 IAP1I5 11 14102 Naples, FL. 34104 LIEN As required by Section 2.06.04.(Ax9) of the Collier County Land Development Code ( "LDC'I,1, Edmundo A. Auza, hereby acknowledge that 4420 Botanical Place, Unit 103, Naples, Florida, 34112, more particularly described as Unit 9103, Botanical Place, a condominium, according to the Declaration of Condominium recorded in Official Records Book 3933, Page 2592, of the Public Records of Collier County, Florida(the "Property'l and conveyed by PJM Limited Partnership, LLLP, a Florida limited liability limited partnership as Grantor on October IV , 2006 ( "Original Purchase Date"), is subject to an Affordable Housing Density Bonus Development Agreement between Collier County, Florida, and PJM Limited Partnership, LLLP, a Florida limited liability limited partnership, ( "Agreement'). This Agreement was entered into pursuant to Section 2.06.00 et seq. of the LDC as an incentive to construct affordable housing units on the Property. We further acknowledge the terms and conditions of this Agreement and through this lien instrument agree to the following: I. In the event the me, my heirs, legal representatives, successors or assigns sell the property (including the land and/or the unit) within 15 years after the Original Purchase Date, at a sales price in excess of five percent per year of the original purchase price of $137,158.27, me, my heirs, legal representatives, successors or assigns shall pay to Collier County an amount equal to one -half of the sales price in excess of the five percent increa59 W -ear r—r ^ �_ 2. It is a violation of Se occupy an affordable housing specifically permitted by th information with respect to at or by other persons pursuant I 3. Violation of any enforcement as set forth in the LDC. IN WITH S WH day of Q 2006 WITNESSES: Print Name: Print Name• STATE OF FLORIDA COUNTY OF COLLIER I t e LD "+ II or occupy, or attempt to rent, sell or under the Affordab g Density Bonus Program except as on 2.06.00, wingly give false or misleading t e County Manager or his designee kV4 em y Section 2.06.00. a ti punishable through criminal tYfO d en f a at forth in Section 2.06.06(D) of said Grantees have O d sealed these presents this L� THE CtRCv� By: o A. Auza The foregoing instrument was acknowledged bef Le me this W d_sy of Oc ober, 2906, Edmundo A. Auza, who [_j is personally known to me or [ produced t(, r as proof of identity. ( I- (affix notarial seal) — KRISTINA LYNN UNK GH (Signature of Notary Public)— y Met Consnisift e 0p 390210 (Print Name of Notary Public) Serial /Commission #: Asn aptdadsyNaAXW My Commission Expires: Packet Page -1469- INSTR 4771857 OR 4862 PG 2306 RECORDED 12/7/2012 3:54 PM PAGES 2 11/12/2013 16.D.2. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC9.70 $0.70 CONS $100.00 r) • • IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, CIVIL ACTION FIFTH THIRD MORTGAGE COMPANY Plaintiff VS. EDMUNDO A. AUZA A /K /A EDMUNDO A. AUZA- VIERA, et al. Defendant CASE NO.: 2011 -CA- 002844 CERTIFICATE OF TITLE The undersigned Clerk of the Court certifies that he /she executed and filed a Certificate of Sale in this action on November 26, 2012, � -gr�described herein and that no objections to the sale have been filed within the ti g1 - "ons. The following property in 1�unty, Florida: UNIT 9103 OF BOTANI AL LACE, MIN MAC O ING TO THE DECLARATION OF CONDOMINIUM THEREO R IO S OOK 3933, PAGE(S) 2592, OF THE PUBLIC RECORDS OF C l R C N,,JI F A, A MENDMENTS THERETO, TOGETHER WITH ITS UNDIVI SHARE IN THE C O EL TS. was sold to: FIFTH THI GAGE COMPA 0 0 whose address is: 5001 Kingsley Cincinnati, OH 45227 E CI C 2 WITNESS my hand and the seal of this Court on the _ dayq� Collier County �Ier1�`oourf CLERK OF THE,CIRCLZ5T-Ct�URT, '. . n- (Seal) v cc i By: Deputy Clerk '�, '••.....••• _ ,v FLORIDA FORECLOSURE ATTORNEYS, PLLC f 601 Cleveland Street, Suite 690 Clearwater, FL 33755 (727) 446 -4826 and all those on the attached service list Our File No.: CAI 1-03621 / SW Packet Page -1470- * ** OR 4862 PG 2307 *_* 11/12/2013 16.D.2. SERVICE LIST FUTH THM MORTGAGE COMPANY VS. EDMUNDO A. AUZA A /K /A EDMUNDO A- AUZA -VIERA �v "V' EDMUNDO A. AUZA AWA EDMUNDO A. AUZA -VIERA 4420 BOTANICAL PLACE CIRCLE, UNIT #103 NAPLES, FL 34112 UNKNOWN SPOUSE OF EDMUNDO A. AUZAAWA EMUNDO A. AUZA -VIERA 4420 BOTANICAL PLACE CIRCLE, UNIT #103 NAPLES, FL 34112 C U� 0 BOTANICAL PLACE CONDO AS - N, INCA IMF Our File No.: CAl 1 -03621 / SW Packet Page -1471- 11/12/2013 16.D.2. Prepared by: Wendy Klopf Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Jeremiah L. Giles to Collier County, executed on October 25, 2006 and Recorded in Official Records Book 4127, Page 0628, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above - named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - , 2013, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK By: , DEPUTY CLERK Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney 4)P OI0.41, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ.,CHAIRWOMAN Packet Paae -1472- Prepared by and to be returned to Lauren Bard Collier County Operational Support & Housing 2800 N. Horseshoe Drive, #400 Naples, FL. 34104 LIEN 11/12/2013 >z>t>t 3921618 OR; 4127 ru; mo --- uC111u1 12 0mclu ucoul of corn corm, n 11 /25/2016 at N:1HI M R 1. ItOCI, CIM uC n1 11.01 Nte: cum rll111/I10 R u 121 M M 1 #III Itnii n 34112 As required by Section 2.06.04.(Ax9) of the Collier County Land Development Code ( "LDC "), I, Jeremiah L. Giles, hereby acknowledge that 4420 Botanical Place, Unit 205, Naples, Florida, 34112, more particularly described as Unit 9205, Botanical Place, a condominium, according to the Declaration of Condominium recorded in Official Records Book 3933, Page 2592, of the Public Records of Collier County, Florida(the "Property'l and conveyed by PJM Limited Partnership, LLLP, a Florida limited liability limited partnership as Grantor on October ,&, 2006 ( "Original Purchase Date "), is subject to an Affordable Housing Density Bonus Development Agreement between Collier County, Florida, and PJM Limited Partnership, LLLP, a Florida limited liability limited partnership, ( "Agreement°). This Agreement was entered into pursuant to Section 2.06.00 et seq. of the LDC as an incentive to construct affordable housing units on the Property. We further acknowledge the terms and conditions of this Agreement and through this lien instrument agree to the following: I. In the event the me, my heirs, legal representatives, successors or assigns sell the property (including the land and/or the unit) within 15 years after the Original Purchase Date, at a sales price in excess of five percent per year of the original purchase price of $137,158.27, me, my heirs, legal representatives, successors or assigns shall pay to Collier County an amount equal to one -half of the sales price in excess of the five percent increase �r .co 2. It is a violation of Section the LDC t or occupy, or attempt to rent, sell or occupy an affordable housing re under the Affordable us g Density Bonus Program except as specifically permitted by the e n .06. or t kn wingly give false or misleading information with respect to an in qu' or re uested tit County Manager or his designee or by other persons pursuant t th pa¢a�rj m v Section 2.06.00. 3. Violation of any enforcement as set forth in the LDC. IN WITIJESS WE day of 12006 r ,4@ I - ._ �ql'i�' /. (�2 .I STATE OF FLORIDA COUNTY OF COLLIER ald Grantees have S` cTR By: punishable through criminal forth in Section 2.06.06(D) of sealed these presents this 3D_ The foregoing instrument was acknowledged before me this ao day of October, 2006, Jeremiah L. Giles, who [_ I is personally known to me or be produced -iT N l Cie u . as proof of identity. - -7 N (affix notarial seal) it ^ AA _�114 (Signatuk,Mof Nbotary (Print Name of Notary Public) Serial / Commission #: KRISTINA LYNN l/NKRICH My Commission Expires: NOIMy PUbk - SWe.fFbrids cplmddan Espya Aar ta, 2009 camrwmn r o0 790210 Bonaad Br NS," NdnyAanr Packet Page -1473- 16.D.2. INSTR 4766892 OR 4858 PG 1917 RECORDED 11/27/2012 4:35 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 50.70 CONS S100.00 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION BANK OF NAPLES, Plaintiff, V. CASE NO.: 11- 970 -CA JEREMIAH L. GILES, UNKNOWN SPOUSE OF JEREMIAH L. GILES, SUNCOAST SCHOOLS FEDERAL CREDIT UNIION, COLLIER COUNTY, KMX MOBILE SECRUTTY SHREDDING, UNKNOWN TENANT IN POSSESSION #l, UNKNOWN TENANT IN POSSESSION #2, AND ALL OTHERS WHOM IT %C N Defendants. 0 CONSIDERATION $ / pd 4.013 (3) documentary tax is any mortgages or liens that ar The undersigned, Dwight 1�ft Certificate of Sale in this action on that no objections to the sale have been filed following property in Collier County, Florida: was sold to: Nal 11/12/2013 16.D.2. Administrative Code 12B- .ration paid, which includes uit Court, certifies that he filed a ,for the property described herein and the time allowed for filing objections. The Unit 9205, Botanical Place, a condominium, together with an undivided interest in the common elements, according to the Declaration of Condominium thereof recorded in Official Records Book 3933, Page 2592,as amended from time to time, of the Public Records of Collier County, Florida together with the exclusive use of Carport No. CP -63. Property Address: 4420 Botanical Place Circle #205, Naples, Florida 34112. Central Bank Southwest Florida 4099 Tamiami Trail North #100 Naples, Florida 34103 Packet Page -1474- * ** OR 4858 PG 1918 * ** 4 0 Central Bank Southwest Florida v. Jeremiah L. Giles, et al. Bid Amount: 11/12/2013 16.D.2. Can No. 11-97D-CA WITNESS my hand and the seal of this court on this M�9'17 day of �eo, 2012. Craig A. Goddy, Esq. I [ Treiser Collins •3080 Tamiami Trail East .w 4 KJA Naples, FL 34112 _ Jeremiah L. Giles 12711 Aviano Drive Naples, Florida 34105 Unknown Spouse of Jeremial 12711 Aviano Drive Naples, Florida 34105 Botanical Place Condominium Association, Inc. 8200 NW 33`d Street, Suite 300 Miami, Florida 33122 Jeff E. Wright, Esq. Collier County Attorney's Office / Harmon Turner Bldg. — 8' Fir. 3299 Tamiami Trail East Naples, Florida 34112 Suncoast Schools Federal Credit Union / Tom K Dorety 6801 E. Hillsborough Avenue Tampa, Florida 33610 /KMX Mobile Secruity Shredding 3445 Seminole Trail, Suite 114 Charlottesville, VA 22911 Packet Page -1475- •rr Dwight E. Brock Clerk of the Circuit,Col,,�� (Court Seal) D uty Conformed copies: = •. ti ` `� I R CpU Craig A. Goddy, Esq. I [ Treiser Collins •3080 Tamiami Trail East .w 4 KJA Naples, FL 34112 _ Jeremiah L. Giles 12711 Aviano Drive Naples, Florida 34105 Unknown Spouse of Jeremial 12711 Aviano Drive Naples, Florida 34105 Botanical Place Condominium Association, Inc. 8200 NW 33`d Street, Suite 300 Miami, Florida 33122 Jeff E. Wright, Esq. Collier County Attorney's Office / Harmon Turner Bldg. — 8' Fir. 3299 Tamiami Trail East Naples, Florida 34112 Suncoast Schools Federal Credit Union / Tom K Dorety 6801 E. Hillsborough Avenue Tampa, Florida 33610 /KMX Mobile Secruity Shredding 3445 Seminole Trail, Suite 114 Charlottesville, VA 22911 Packet Page -1475- 11/12/2013 16.D.2. Prepared by: Wendy Klopf Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holders) of a certain Lien executed by Tanya N. Davis to Collier County, executed on September 26, 2006 and Recorded in Official Records Book 4111, Page 1766, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above - named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - , 2013, Agenda Item Number ATTEST: DWIGHT E. BROCK, CLERK By: , DEPUTY CLERK Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ.,CHAIRWOMAN Packet Page - 1476 - v P/ 11/12/2013 16.D.2. 3907400 OR; 4111 Pu; 1lbb " "" HCO1DID in 011ICIAL 11COUS of COLUT1 CODITI, 1L 09/26/2006 at 08:5911M MORT 1. BROCI, CLIII 0C 111 10.00 Prepared by and to be returned to: JIM: 011x1 PUSID"o tt H Lauren Beard 621 5!1 IV1 1 0201 Collier County opentiowl Support & Housing 11i1L11 1L 31102 2900 N" Horseshoe Drive, 0400 Naples, FL. 34104 LIEN As required by Section 2.06.04.(Ax9) of the Collier County Land Development Code ("LDC"), 1, Tanya N. Davis, as Grantee, do hereby acknowledge that 4430 Botanical Place, Unit 404, Naples, Florida, 34112, more particularly described as Unit 8404, Botanical Place, a condominium, according to the Declaration of Condominium recorded in Official Records Book 3933, Page 2592, of the Public Records of Collier County, Florida(the "Property ") and conveyed by P Limited Partnership, LLLP, a Florida limited liability limited partnership as Grantor on September, 2006 ( "Original Purchase Date'7, is subject to an Affordable Housing Density Bonus Development Agreement between Collier County, Florida, and PJM Limited Partnership, LLLP, a Florida limited liability limited partnership, ( "Agreement"). This Agreement was entered into pursuant to Section 2.06.00 et seq. of the LDC as an incentive to construct affordable housing units on the Property. We further acknowledge the terms and conditions of this Agreement and through this lien instrument agree to the following: 1. In the event the me, my heirs, legal representatives, successors or assigns sell the property (including the land and/or the unit) within IS years after the Original Purchase Date, at a sales price in excess of five percent per year of the original purchase price of $126,970.16, me, my heirs, legal representatives, successors or assigns shall pay to Collier County an amount equal to one -half of the sales price in excess of the five percent increase 2. It is a violation of Section Z the LDCO� 1 or occupy, or attempt to rent, sell or occupy an affordable housing re under the Affordable ous' g Density Bonus Program except as specifically permitted by the �,�r wingly give false or misleading information with respect to a in rm ed y County Manag er or his designee or by other persons pursuant th t4rjhgtpi em Section 2.06.00. 3. Violation of any enforcement as set forth in the LDC. IN WI ESS WE day of 2006 WITNESSES: Print Name: Print Name: E STATE OF FLORIDA COUNTY OF COLLIER is punishable through criminal et forth in Section 2.06.06(D) of rid Grantees have s Lv d sealed these presents this It T�tE CTRL~ By: IC1 l��s —r Ty$ya M. Davis The foregoing instrument was acknowledged before me this day o to 2006, Tanya M. Davis, who (_ I is personally known to me or [_j produce as proof of identity. (affix notarial seal) (Signature Notary Public) (Print Name of Notary Public) KR,,i N c"NN UNKniCM Serial / Commission #: NoWyPuWC•StMeofFlords M Commission Expires: :5 Mar 19 2009 y }- a= Cowftsiw+rM390210 ° Beaded Br NararW W qA- PacketPage -1477- /0—*. INSTR 4870470 OR 4948 PG 1703 RECORDED 7/25/2013 3:02 PM PAGES 2 DWIGHT E. BROCK, CLERK OF TOE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCO.70 $504.00 REC 518.50 CONS $72,000.00 Return to. 11602 - 13.00442 North American Title Company 8151 Peters Road, Suite 1100 Plantation, Florida 33324 This Instrument Prepared under file supervision of Mark J. Lofarstain, Esq. North American Title Company 8151 Peters Road. Suite 1100 Plantation, tlorlds 33324 Property Appraisers Parcel Irbrhti8cation (Folio) Number. 24680903e04 WARRANTY DEED 11/12/2013 16.D.2. This Warranty Deed made this 19th day of July, 2013 by Tanya Merle Davis Kroge, a married woman, whose malting address is 6717 Marbelle Lane, Naples, FL 34105, hereinafter called the grantor(s), to Waglo Ivanov Gabrovsky and Mariya VeeBeve Gabrovske, husband and wife, whose post office address Is 4430 Botanical Place Circle #8.404, Naples. FL 34112, hereinafter called the grantee: and ratans of and sarSr on anddaisssigns of c ome) M and the rroln legal ropros,nt,Svse WITNESSETH: That the grantor(e), for and in consideration of the sum of $10.00 (ten) and other valuable considerations, receipt whereof Is hereby acknowledged. hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Collier County, State of Florida, viz: Unit 8404 of Botanical Place, a Condominium aocording to the l7edaration of Condominium thereof, recorded in Official Records Book 3933, Page(s) 2592, of the Public Records of Collier County, Florida, and any amendments thereto, together with Its undivided share in the common elements. This is not the homestead of the Grantor nor contiguous thereto, she in fact resides at 6717 Marbella Lane, Naples, FL 34105 F-1, V*. cep. C Grantee herein Is prohibited from ey) sates price for a period of 30 days from the date of the dead ay period, Gra er prohibited from jAfte conveying the property for sales p than $86,400.00 until a from the date of this deed. These restrictions shall run t and-ore-not Dersonal to the ran SUBJECT TO: covenants, condi ftoi any, taxes and assessments for the restrictions and prohibitions impose TOGETHER, with all the tenements, he ants and appertaining. TO HAVE AND TO HOLD, the same in fee ftNl and agreements of record, if So zoning ordinances and/or or in anywise AND the grantor hereby covenants with said grantee that the grantor Is lawfully seized of said land In fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land end will defend the same against the lawful claims of all persons. IN WITNESS WHEREOF, the sold grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of. Tanya Marie Davis Kroge vnn,w.►ns,e,p,ww at-:1-14101A An 10449 Packet Page -1478- F-1, V*. cep. "Mm Pr~ ap.0" STATE OF: Florida COUNTY OF: Collier The foregoing instrument was acknowledged before me this 19th dad( of July,2013 by Tanya Marie Davis Kroge, a married woman hereinafter called the grantor(s), who produced a G %�- /x—,, al. _ . as Identification. 7 j•,,.�;'••y eEUNDA A. LEYl15 Notary Pubtfc . State of Florida 0-11-, My Comm. EaPiMS Dee 7.2013 My Commission F�iros: Commission N DD 929115 '� "ed IWKb Nnicrol Mary Mr. Notary SVeWre Notary Pubtic. Slalle and County Aforesald BELINDA A. LEWIS Packet Page -1478- Prepared by: Wendy Klopf Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail Building H, #211 Naples, FL 34112 RELEASE OF LIEN 11/12/2013 16.D.2. .-t THIS SPACE FOR RECORDING KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Priscilla Doria to Collier County, executed on April 12, 2007 and Recorded in Official Records Book 4212, Page 2686, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above - named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - ATTEST: DWIGHT E. BROCK, CLERK By: 2013, Agenda Item Number , DEPUTY CLERK Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ.,CHAIRWOMAN Packet Page -1479- THIS INSTItUNIENTfIMPARED BY AND AFTER RECORDING RETURN TO: I I.suren Beard I Collier County Operational Support & Housing I 2800N - Horseshoe Drive, Suite 400 I Naples, Florida 34101 I I I 101111, 4001919 OR: 4212 Pu* t000�2013 16.D.2. 1IC011111 is 0[IICIAL 1IC0108 of 0011111 1001 . IL 04/12/2007 at 12:47ri MW 1. 11001, Cull OC III 10.01 lets: 101M 1 GILIIIS IA site "n Ciml CIICU 4410 IOCA i= 11 33486 use As required by Section 2.06.04.(AX9) of the Collier County Land Development Code ("LDC"� I, Priscilla Doris, a siogle woman, as Grantee. do hereby acknowledge that 7538 Bristol Circle, Naples, Florida 34120, more particularly described as Lot 19, Bristol Pines, Phase 1, according to the plat thereof as recorded in Plat Book 43, Page 78, of the Public Records of Collier County, Florida (the "Property'? and conveyed by Waterways Joint Venture IV, a Florida general partnership as Grantor on October 27, 2006, ("Original Purchase Daft % is subject to an A1iadabie Housing Density Berms Development Agreement between Collier County, Florida and Waterways Joint Venture IV, dated 20_ ("AgrocincW ). This Agreement was entered into pursuant to Section 2.06.00 at seq. of the LDC as an incentive to construct affordable housing units on the Property. I further acknowledge the terms and conditions of this Agreement and through this lien it stru mment agree to the following: 1. In the event 1, my heirs, legal representatives, successors or assigns all the Property (including the lard and/or the unit) within 15 years after the Original Purchase Date, at a Saks price in exec= of five percent per year of the original purchase price of SIB 1,900.00. 1�,beitsrkgaLrepresenWives, successors or coigns shall pay to Collier County an amount equal to nne -half o eply i" W of the five percent increase per year. 2. It is a violation of Section affordable housing unit under the the torts of Section 2.06.00, or to required or requested by the Count delegated to them by Section 2.06Q Violation of any provi forth in Section 2.06.06(C) and LDC to rent, selfbr sins: Density Bonus or a,1,X�o - 7 WITNESS WHEREOF, 'd GTantee(s) have sio 2007. �. W17'NESSESS: ��' ((��� __ G1- &ti lO _ Pratt Name: PrintTlam: Ire C-er, ICieftl STATE OF FLORIDA ) SS.: COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me Doris, who did not take an oath. xtaaooaliy imowwn. o Produced ID: My commission expiros: or attempt to rent, sell or occupy an except as specifically permitted by natan with respect to any information . pursuant to the authority which is criminal enforcement as sax LDC. presents this _3 day of 11CL boric. ANN FASCHING Notary Public - State of Florida My Commission err DD 304461 Print name: Packet Page -1480- HUD-1 U.S. Department of Housing 11/12/2013 16.D.2. A. Settlement Statement and Urban Development OMB No. - --- B. Type of Loan e Q 1. FHA Q 2. FmHA Q 3. Corn. Urns. Q 4. V.A. Q 6. Corti. Ma. S. File Number 13N482 7. Loan Number ID: 8. aHorig• Ins. case Num. C. NOTE: This farm Is furnished to give you • $"snort of aaua settlansmt wets. Amounts paid to end by the settlement agent am shown. Items narked YP.o e.r ware paid outside the dosing: d" are shown here for Informational purposes and am net Included In On tousle. D. NAME OF BORROWER. Labris intamallonK I.I.C, a Fulda breed lablity company Address of Borrower. 6350 Pelican Say Slid., 03038. Noples, Florida 34106 E. NAME OF SELLER: Priscilla Dods, a angle womax Address of Seller. 2299 Birdsong Lam, Naples, Florda 34117 TIN: F. NAME OF LENDER: Address of Lander: G. PROPERTY LOCATION: 7538 6igol Circle, Naples. Florida 34120 H. SETTLEMENT AGENT: Lew Office of CwmW W l kormm, PA TIN: 20. 4544316 Place of Settlenentt: 59011th Strad South, Naples, Florida 34102 Phone: 239-262 -6303 1. SETTLEMENT DATE: &V13 DISBURSEMENT DATE: SW13 J. Su a transaction =Gron 100, Gross amount due from bonvwer, 4.0. 101. Contract sales Price, 88, 500.00 401. Contract sales price 86.500000 102. Pethhonel 402• Pew PMPsq 10& Settlement charges to borrower Una 1400 5,749.12 403. 104, 404. Seger Cash Cattrbution to Ragione Mortgage 3.000.00 105. 405• sailor t s 1 I advance: IDS. Ckyhom laces 408. COylbwn uses 107. County lases 407. Casty taxes 108. Distinct 1 Assessment from D0/W3 to 09130/13 - 26.01 408, District 1 Assessment from 08/06/13 to 0913"13 26.01 109. 40D. 110. 410, 111. 411. 112. 1412. 120. Gross amount clue from bonrowror: 94.275.13 420, Gross amount duo to "liar. 91,625.01 200. Ama mid or In behalf In 201. Deposit or sanest money 6,000.00 501. Excess tie (ass Instructions 202. Principal amount of new loan (s) 502. Ssatement charges to sale (km 1400 ) 12,905.50 203. ExWft loans taken stMect to 503. EdMft ban($ taken sukoact to 2D4. Principal enact of second mortgage 504. PayOrt 101st Lien Coyer County Impact Fes 15.325.03 205. 505. Payoff b Regions Mortage 81.069.30 2D5, 1506. Deposits held by seta 207. Principal Will of mortgage held by setler 507. Prlrhdpal ant of ageheldbysailar 208. BOB. Payoff to Cdier County SHIP 1,537.1 209, 509. Payoff to Waterways Mortgage 500.00 Adiustments for home urasald by seller, for Items unpoW by "liar. 210. CWtown taxes 510. Cftyltown taxes 211.2013 Collier County Properly Taxes from 01001/13 to 0aw- 245.82 511.2013 Cooler County Properly Toms from 01/01/13 to O&W, 245.82 212. 512. 213. 1613. 214. 1514. 215. Isis. 216. 1516. 217. 617. 218. 618. 219. 519. 220. Total paid by/for borrower: 5,24522 520. Total reductions In amount due seiler: 91,702.85 300. Cash at saftlement fromitto borrower: 500. C h at oftlament toArom seller 301. Gross amount due from borrower (One 120) 94,275.13 501. Gross an0unt due to sailer (fine 420) 91.526.01 302. Less amount paid blOor the borrower (lose 220) (5, 245.82) 802. Loss rota reductions In amount due saki (fine 520) (91,702.85) 1303. Cash ( ❑ From ❑ To ) Borrower: 89,02931 603. Cash ( ❑ To Z From ) Seler: 176.84 Substitute Form 1099 Seller Statement• The information contained in blacks E, G. H. and I and on line 401 is Impoltant tax information and is being furnished to the IRS. It you are required to file a return, a negligence penny or other "notion will be imposed on you If this Item Is required to be reported and the IRS determines that 4 has not been reported. Seller Instructions: If this red estate was your principal residence, Ole Form 2119, Sae or E xchangs 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 (Farm 1040). / L / , i Doubleflme® Packet Page -1481- 10-\ / 11/12/2013 16.D.2. n...ew...anr t,n, M Urban MUU -, _ - -- --- - -- - -- - ... - - - -� - -- - - Barower Pccswl r POC Paid from Borrowers Funds at Seownert Paid from Sellers Funds at Semwmt 5.310.00 700. Total SaleslBrakers Can. based On price $88,500.00 it 8.0000 % = 5,310.00 701. 2.855.00 3.0000 % to Perfect Properties of Nspies. Inc. 702. 2.855.00 3.0000 % to Really Emacubm 703. Commission at settlement - 704. Transaction Fee to Eraartivas Slignalirre am, items In omneom WIM �! Borrower POCBalter POC 295.00 Devoe 801. Loan arfAkbtlon fee %10 802. Loan discount %to 803. Appraisal fee to 804. Credit spat to 805. Lenders Inspection fee to 800. MongWe Insurance application fee to 807. AssumD9a+ Fee to 808. to 809. to 810. to 811. to 900. Item reouired by berelarto be paid M Borrower POCSodw POC 901. Interest from to - /day 902. Mortgap Insurance prernYm for momM m 903. Kau, Insurance premium for years to 904. Flood Insurance premium for Yaere to 905, yeas to Borrower Pocseiwwn 1001. Harard insurance monde Q Imr month 1002. Mom9apa ins rence moan a Per mM9111 1003. COY PMPantYtaxes monil a per.1[0118[ 1004. Canty PmPertY rehas moats Q Per month 1005. Annual asseear ants montihs Per month 1000. Flood ins ua toe months per month 1007. months Q per month 1008. months @ per month 1009. Aggregate acmntln9 a Just mwd Borrower POC 6411W POC 1101. Setumemorclosincifee to Low Office of Conrad WOAtarsn,PA. 350.00 850.00 1102.- Abstractor title search to Attorneys The Fund Servioes. L LC 75.00 1103. TOIe amninodom to 1104. TOIs insranca bindsr tD 1105. Do umarrt Preparation to 1108. Notary fees to 1107. 009111111 credo to Law Office of Conrad W 9korrrrt, P.A. . 176.84 (khchtdas above Item numbers: ) 1108. Title hhsurance to Old Rq"ft NaL TRWCantad W Nkamm 508.88 (hGaks above item numbers: ) 1109. Lenders coverage (Premium): 1110. Owners $86,500.00 (5500.88) 1111. Endorsor: 1112 - Buyer Fee Agreement to law Office of Conrad W IAkamm, PA. 2,500.00 1113. Cartabd Matikp - FlrW Title D0cs to Law Office of Card Wllkomn, P.A. 25= 12M. Gagerrynent recoMint) and transfer charges: 1201. Raoadkh9 fare Dead - 527.00 Motgaps(s) Reesman $40.00 27.00. 40.00 1202. COylcounlytertrstamPS Dead Mortme(s) m 1203. Sta hodStaps Deed $619.50 Mat s) 619.60 1204. to 1205. to Additional Borrower POCSsller POC settlement 1301. HOA Payoff Relmburse.1mtm to Law Office of Conrad W Ilkomm, P.A. 350.00 350.00 1302. Overnight Meiling - Eswppds 0 Payoffs to Lew OMDe of Conrad Wllkorrn, P.A. 103 1303. 3rd Quarter HOAAssmsmerm to Gooch, Adamczyk E Dellowd PLLC Trust Acct. 455.44 242.90 1304. HOA Code Erforcernent b Utility Estoppr to Lev Office of Conrad W itkarsm, P.A. 250.00 160.00 1305. HOA Transfer Fee to Goads, Adam¢yk & DeBoeet PLLC Trust Acct. 100.00 1306. HOA Contribution Capital Fee to Goode. Adam=vk 8 DeBoest PLLC Trust Acd. 1.396.68 1307. DelinquentHOAAssevarnarits to Goode, Adamczyk d DaBoeat PLLC Trust Acct. 6.000.00 1305. Cloeft credo - to Perfect Properties of Naples, Inc. - 176.84 1309. 1400. Total sattlantant es: Enter on lines 103 Section J and 502 Section K 5,749.12 12,W6.W Packet Page -1482- DoubleTlme® 11/12/2013 16.D.2. HUD -1 SE'T'TLE1VKlW''S'T'' FU* M+dtbW. U kf'iy i 4arafi1liiietwe* `r true land i'. 1 fuMti6�iC0iFrbeveb9PY a'a .,. aLabe" -3i::Il lilic -ilf r rte€ a .. "C: >, �� p•� W. t (Cozporitte Seal) SleHer{s) , .fig .Cu : R r "Y�sa ol r; <r balm. w fi ra F4 M!. d'ia " ti,� 14 �• i� , r,� Ai �s•f ... �"P& .. fi`S ��i+ F ."` �rt .'4 .. •- x vi hi.y -klt cc,r i ° , .rir�: fy t .' Y � � 4 • " ,;,�',,,, � .;' `zy} if f,,c 2 .�X�e�'•�,i i I .��p Vin. M�::.. t ? j,. � J,� }.k: � .:�4� k r� : •J ��r ''... °: •d�i'q'+ v�L >ik CV WIY 11i '�.IODfA�+it,6�dHTl1`�?tlf(14'H xV� J p s+ .y k:'•• ,�;' dt p�a �On!t��ian ]h h'161UtleY� fln� Sil imps• �bti7:�e'nt. � . „� ^. .1 Y 4� ! Packet Page -1483- tl—N. 11/12/2013 16.D.2. HUD -1 SETTLEMENT STATEMENT ADDENDUM File Nu im. 11R.462 1 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 hews received a copy of the HUD -1 Settlement Statement. Borrower(s) Labris International, LLC a r1crida 14-4t:ed liability company By: Viacheslav Dorfman Itaoager (Corporate seal) Dille Doris Seller(s) Settlement Agent The HUD•1 Settlement Statement which 1 have prepared Is a true and accurate account of this transaction. 1 haw caused or will cause the funds to be disbursed in so= ance with this statement. Law "tics of Cc soar, P.A. By: Date: O O Q /O 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. Packet Page -1484- ooubknMSO 11/12/2013 16.D.2. .-1 Prepared by: Wendy Klopf Collier County Housing, Human & Veterans Services Dept 3339 E. Tamiami Trail, Building H, #211 Naples, FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Lien executed by Patricia Darminio to Collier County, executed on November 13, 2007 and Recorded in Official Records Book 4301, Page 2689, of the Public Records of Collier County, Florida, which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described in the aforementioned Lien. The undersigned is authorized to and does hereby release this Lien with respect to the above - named property, and consents to this Lien being forever discharged of record with respect to said property. This Release of Lien was approved by the Board of County Commissioners on - ATTEST: DWIGHT E. BROCK, CLERK By: 2013, Agenda Item Number , DEPUTY CLERK Approved for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: GEORGIA A. HILLER, ESQ.,CIIAIRWOMAN v� Packet Page -1485- 11/12/2013 16.D.2. 4094332 OR: 4301 PG: 2689 own a MM acolm0 of MM =M, n 11MI1►►1 at t►rnY MW I. u ' am me M 11.10 lau nanem VgM?ed by and after rswrding bra: rstem to: LardAmerica Lawyers This Hlfa► Ml 5123 Gneth, Drive, Naples. FL. 31107 fie! V LIEN ' 1, Patricia 1Dwminio_ a Grantees, acknowledge the the teal propmty legally described in Exhibit "A" attached hereto (the "Property") and conveyed by Pulte Nome Corporation on October 19th, 2007_, ("Original Purchase Date is subject to a lien in favor Collier Country or the Collier County Housing Development Corporation, Florida for any malt proceeds in access of the limitations described heroin. Said lien is established in Resolution No. 05.235 (alk/a Development Order No. 05 -01). Pursuant to aid Resolution No. 05.235, Collier County and the Collier County Housing Development Corporation have agreed and committed to enforce said lien and to use the proceeds from such lien to maintain the affordabil ity of such pueceh. We further acknowledge the terms and conditions of the Agreement and through this lion instrument agree to the following: In the event that we, our heirs, legal tepresentativas, successors or assigns sell the Property (including the land and/or the unit) within two (2) years after, the Original Purchase Date, at a sales price in esceas of five percent per year of the original purchase price of $ 177.369.00 _ we, OUT heirs, legal representatives, successors or assigns shall Pay to Collier County all amounts in excess of the five percent increase per year. Violation of any provision of the Agreement or this Lien is punishable through criminal enforcement as set forth in Section 2.06,06(C) of the LDC and civil catbrcement a set fottb in Section 2.06.06 (D) of the LDC. SUBORDINATION. A violation of said lien by Grantees) shall not defeat or render invalid the lien of any first mortgage made in good faith and for value, and the covemum and provisions of this lien Than be 11—IN inferior and subordinate to the lien or any such first mortgage, recorded concurrently with the deed conveying site propeny to Grantes(s). IN WITNESS WHEREOF, the said Grantees have signed and sealed these presents on the day and year set forth below. WITH SES (if more than one, as to both): rl STATE t5F FLORID COUNTY OF CO G Lr' by The foxes ing Instrument as acknowledged before me thisd`efy of CfO 2007 who ( Fare personally known to me or ( ) produced /t , as proof of identity. (affix notarial sea)) 4�MMOD04748M Lauren Sperber s !� 22.2009 N 'H�11 N %'hV-AAxc.%Xoum.na n-Q-- " (Type Or Ihintj ��- My Commission Expires : R /C % (Middlebrooke) Deaartpt3oa: Co223at,FL Document — Book-Page 4301.2689 page: 1 of 2 ��Osdss: 1236 Comment: Packet Page -1486- Settlement Statement 11/12/2013 16.D.2. 6. File Number 17. Loan Numbs 18. Mortgage Ins. Case 10026 Note, Ttus torn is banished to give you a statement of actual sottlement 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 informational purposes and are not included in the totals. 'Adjustments for items Unpaid By Seller' are based on estimated amounts, and are subject to adjustment by Borrower(s) and Seller(s) when actual amounts become available. Name and Address of Borrower. Ubiratan Simoes Rezende and Elsa Sarlet Rezende 5812 Declaration Court,Immolmlee, FL, 34142 Name and Address of Seller. Patricia Darminio and Nancy Z Marrone 90 Haves Street, Blauvelt, NY 10913 Name and Address of Lender: . Property Location: Settlement Agent Name and Address L Settlement Date: Seaview Title Company, LLC Marcb 1, 2010 1575 Pine Ridge Road, Suite 10� Date: Naples, FL 34109 March 1, 2010 oammary or aorrowers transacton _ _ K Summary of Seller's Transaction 10. Gross Amount Due From Borrower 400. Gross Amount Due To Seller )1. Contract Sales price $98.000.00 401. Contract sales price 598.000.00 12• 402. )3. Settlement chum to borrower (line 1400 51,780 -50 403. )4• 404. )5. 405. Ad ustments for items vaid by seller in advance Adjustments for items paid by seller in advance 16. from to 17. hfiddlebrooke at Ave Maria from 311/2010 to 3/31/2010 $249.60 406. from to 407. Middlebrooke at Ave Maria from 3/12010 to 3/31/2010$249.60 )8. Master Association Dues from 3/1/2010 to 3/312010 $17.40 408. Master Association Dues from 31M2010 to 3/312010 $17.40 )9. from to 409. from to 0• 410. 1. 411. 2- 412. 10. Gross Amount Due From Borrower 5100,047.50 420. Gross Amounts Due To Seller 598,267.00 10. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller I .D sit or earnest money $19,600.00 501. Excess deposit see instructions 12. Principal amount ofnew loans 502. Settlement cbargw to seller 1400 S7,181.00 13. Existing loans taken subject to 503. Existing loans taken subject to 14. Principal amount of 2nd loan 504. Pa off of loan to 15. Interim interest 1 st loan from to 505. Payoff of loan to 16. Interim Interest d loan from to 506. Payoff of loan to a. 507. 1$. 508. 19• 509. Adjustments for items unpaid by seller Ad ustments for items unpaid by seller 0. County Pro Taxes from 1 /120I0 to 3/12010 5185.26 1. from to 51TEOunty Property Taxes from 1/12010 to 3/12010 $18526 511. from to 2. from to 512. from to 3. from to 513. from to 4. Assumption #1 intaost from to 514- Assumption #1 interest from to 5. Assumption #2 interest from to 515. Assumption #2 interest from to 6. 516. 7. 517. 8. 518. 9. 519. Packet Page -1487- Settlement Charges 11/12/2013 16.D.2. ). Total Sales/Broker's Commission base _d rice: S99,000.00 at 6.0% Paid Paid From Paid From Division of Commission (line 700) as follows: Outside Borrower's Seller's 1. $2,940.00 to Sand Castle Realty _ Of Funds at I Funds at 3. Commission paid at settlement $5,880.00 1. Transaction/Processing Fee to Sand Castle Realty S150.00 3. Items Payable In Connection With Loan I. Loan Origination Fee Q to $500.00 5300.00 1. Loan Discount Fee to $85.00 3. Your Adjusted Origination 1st to t. to S. to i. to 1. to 3. to $563.50 ). to ). to 1. to 1. to 3. to 1. to i. Loan 'on Fee for 2nd Mortzm Q to 5. Loan Discount Fee for 2nd Mortgage Q to ). to 3. to �. to I. to �. items Required By Lender To Be Paid In Advance 1. Interest from to Q per diem - $500.00 5300.00 :. Mortgage Ins. Premium for months to $85.00 I. Hazard Ins. Premium for months to 1. Flood Ins. Premium for months to 3. to i. Interest from to @ per diem ru. Reserves Deposited w7ta Lender ) 1. Hazard Insurance for months - per month $500.00 5300.00 )2. Mortgage Insurance for months per month $85.00 )3. Flood Insurance for months per month )4_ for months per month )5. for months per month )6. for months permonth )7. for months per month A. Aggregate Accounting Adjustment $563.50 u. a we •.nurgcv ) 1. Settlement/ Closing Fee to SerAew Title Co $500.00 5300.00 )2. Abstract or Title Search to Moor Title Insurance Company $85.00 )3. Title Examination to X. Title Insurance Binder to )5. Document Preparadon to )6. Notary Fees to M Attorney' Fees to A. Title Insurance to Ticor Title Insurance Co $563.50 l9. Lender's Coveragopw W. Owner's Coverage: $98 000.00 ti. to t2. to 13. to 14. to 15. to 16. to Packet Page -1488- 10. Additional Settlement Charnes 11/12/2013 16.D.2. 11. Survey Fee to Benchmark Land Servicea .c. $325.00 l2. to M Fed Ex Shipping Handling Fee (Re- Imbtasement ) to John P. White PA $20.00 $40.00 A. to M Estoppel Fee to CapitLI Realty Advisors Inc. $125.00 K Capital Contribution Fee to Middlebrooke at Ave Maria $250.00 )7. to A. to )9. to to. to 11. to 12. to 13. to 14. to 15. to W to 17. to l8. to L9. to W. to U. to Z2. to ?3. to M. to M to 16. to 17. to 18. to M to 30. to 31. to 32. to 33. to W. to 35. to 36. to 37. to 38 to 39. to t0. to U. to 32. to 13. to 34. to 35. to )0. ml Settlement C es (enter on lines 103, Section J and 502, Section In ie C Mlrn • c .............a.:- 51,78050 $7,181.00 - - --- •. - -,•• •••� - •� ...woo. �. ,a,s mm un. i navc coca m ww au= tac nmas to he &.=,d in axotdance with a mt Date. 3/1/2010 W cat Agent: Debra niak 3ve carefully this Setd=cnt Statement and to the best of my knowledge and bclic4 it is a true and accurate statement of all reccipts and =ements made on my account or by me in this transaction. I finther certify that I have received a copy of this. LLER ALSO UNDERSTANDS THAT THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE rERNAL REVENUE SERVICE ON FORM 1099 -S. IF SELLER IS REQUIRED TO FILE A RETURN, A NEGLIGENCE NALTY OR OTHER SANCTION WILL BE IMPOSED ON SELLER IF THIS ITEM IS REQUIRED TO BE REPORTED AND E IRS DEPWPUNES THAT IT HAS NOT BEEN REPORTED. Packet Page -1489-