Agenda 03/27/2012 Item #16D 13/27/2012 Item 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve releases of lien for participants in the Collier County affordable
housing deferred impact fee program who are no longer subject to the restrictions imposed by such
program.
OBJECTIVE: Approve two (2) releases of lien.
CONSIDERATIONS: On May 3, 1994, through Resolution No. 94 -303, the Board of County
Commissioners approved deferral of impact fees in the amount of $198,042.00 for Cypress Point Limited
Partnership, for a project titled Laurel Ridge Apartments. The deferral agreement was recorded May 10,
1994 in Official Records Book 1945 Page 0714. In addition to placing a lien on the subject property,
Collier County also required Cypress Point Limited Partnership to provide a Treasury bill as security for
the deferral. The Treasury bill matured on November 15, 2000 and the full amount deferred was repaid to
Collier County. However, a release of lien was never recorded in the public record.
On June 3, 2002, the Board of County Commissioners approved deferral of impact fees in the amount of
$2,424.41 for Willie A. Smith and Tashonda Warren, proposed purchasers of property located in the
Jubilation subdivision of Immokalee. The deferral agreement was recorded June 27, 2002 in Official
Records Book 3062 Page 1159. Ultimately, Mr. Smith and Ms. Warren did not purchase the property as
expected and the home was subsequently sold to another party. As such, Mr. Smith and Ms. Warren do
not own the property detailed in their deferral agreement and to ensure the public records are accurate, a
release of lien is required.
The following table summarizes the information contained above.
Name
Legal Description
Assistance
Public Record
Provided
Cypress Point Limited Partnership
Golden Gate, Unit 4,
$198,042.00
OR Book: 1945 PG: 0714
Part 1
Willie A. Smith and Tashonda
Lot 12, Jubilation
Warren
Subdivision
$2,424.41
OR Book: 3062 PG: 1159
FISCAL IMPACT: A total of $198,042.00 has been repaid to Collier County. The funds were
deposited in the appropriate impact fee trust funds when received in 2000.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action -JW
STAFF RECOMMENDATION: Approve and authorize the Chairman to sign releases of lien for
participants in the Collier County affordable housing deferred impact fee program who are no longer
subject to the restrictions imposed by such program.
PREPARED BY: Kimberley Grant, Interim Director, Housing, Human and Veteran Services
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3/27/2012 Item 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1.
Item Summary: Recommendation to approve releases of lien for participants in the
Collier County affordable housing deferred impact fee program who are no longer subject to
the restrictions imposed by such program.
Meeting Date: 3/27/2012
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
2/15/2012 3:19:52 PM
Submitted by
Title: SHIP Loan Processor,Housing, Human & Veteran Servi
Name: DoriaPriscilla
2/15/2012 3:19:53 PM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 2/16/2012 11:32:46 AM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 2/22/2012 11:04:50 AM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 3/9/2012 8:18:33 AM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 3/13/2012 10:56:49 AM
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3/27/2012 Item 16.D.1.
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 3/14/2012 1:41:25 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 3/15/2012 4:04:37 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 3/16/2012 1:11:13 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/16/2012 3:25:30 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 3/16/2012 4:46:52 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 3/19/2012 12:03:45 PM
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3/27/2012 Item 16.D.1.
Prepared by:
Priscilla Doria
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 Impact Fee Agreement
executed by Cypress Point Limited Partnership to Board of County Commissioners of Collier
County, recorded on 5/10/1994 in Official Records Book 1945, Page 0714, of the Public Records of
Collier County, Florida, hereby does remise, release, quitclaim, exonerate and discharge from the lien and
operation of the said agreement, that certain portion of the premises conveyed by said lien, more
particularly described as follows:
SEE ATTACHED EXHIBIT A.
The undersigned is authorized to and does hereby release this Lien with respect to the above -
named property, and consents to this Lien being forever discharged of record with respect to said
property.
Dated this day of , 2011.
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and e---t
legal sy fiaiency:
Jeff A �ight
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
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3/27/2012 Item 16.D.1.
EXHIBIT "A"
A portion of the Southwest Quarter of Section 16, Township 49 South,
Range 26 East, Collier County, Florida, being more particularly
described as follows: COMMENCE at the intersection of the centerline
of 16th PLACE SW with the West boundary of the Southwest Quarter of
said Section 16 as shown on the Plat of GOLDEN GATE UNIT 4 PART 1, as
recorded in Plat Book 9, Pages 121 through 124 of the Public Records
of said County; thence N. 90100100 "E., 666.40 feet along said
centerline; thence N. 00'00100 "E., 30.00 feet to the North
right- of-way line of said 16th PLACE S14, and the POINT OF BEGINNING;
thence S. 90'00'00 "W., 609.14 feet along said right -of -way line to
the beginning of a curve concave to the Northeast having a radius of
25.00 feet; thence NORTHWESTERLY, 38.93 feet along said right -of -way
line and curve through .a central angle of 89113103 ", to the East
right-of-way line of SANTA BARBARA BOULEVARD, as recorded in said
Plat Book 9, Pages 121 through 124; thence N. 00146157 11W., 280.03
feet along said right -of -way line to the beginning of a curve concave
to the Southeast having a radius of 25.00 feet; thence NORTHEASTERLY,
39.61 feet along said right -of -way line and curve through a central
angle of 9014615711, to the South right -cf -way line of GREEN
BOULEVARD, as recorded in said Plat Book 9, Pages 121 through 124;
thence N. 90'00'00 "E., 1061.97 feet along said right -of -way line;
thence S. 00'00'00 "W., tbS,O 0 F fit` thence S. 90100100 11W., 425.00
feet; thence S. 00'g0100 "y4y F13s e0 feet; thence S. 90100'00"W-
2
4.00 feet; thence, $✓ 00 °00"6 6Irv,/, Atzr00 feet to the POINT OF
BEGINNING.
3/27/2012 Item 16.D.1.
Prepared by:
Priscilla Doria
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 Impact Fee Agreement
executed by Willie A. Smith and Tashonda Warren to Collier County, recorded on 6/27/2002 in
Official Records Book 3062, Page 1159, of the Public Records of Collier County, Florida, hereby does
remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that
certain portion of the premises conveyed by said lien, more particularly described as follows:
Lot 12, of the Jubilation Subdivision, according to the Plat thereof, as recorded in Plat Book 37,
Pages 4 through 7, of the Public Records of Collier County, Florida (1129 Serenity Lane,
Immokalee , FL 34142).
The undersigned is authorized to and does hereby release this Lien with respect to the above -
named property, and consents to this Lien being forever discharged of record with respect to said
property.
Dated this day of , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk FRED W. COYLE, CHAIRMAN
Approved as to form and
lega4siciency* t
Jeff right
Assist t County Attorney
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I's -r-9 9.0 4.
COLLIER COUNT
REC 3m
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3/27/2012 Item 16.D.1.
94 MAY 10 AN 9 :25 001945 000714
Y RECORDED OR BOOK PAGE
AGREEMENMFOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the Deferral of Impact Fees entered into
this 3 day of u / r 1994, by and between the
Board of County Co ssioners of Collier County, Florida,
hereinafter referred to as "COUNTY" and Cypress Point Limited
Partnership, a Mississippi limited partnership, hereinafter
referred to as "OWNER '.
WHEREAS, Collier County Ordinance No. 86 -97, as amended, the
Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 88 -96, as amended, the Collier County Parks and
Recreational Facilities Impact Fee Ordinance; Collier county
Ordinance No. 91 -71, as amended, the Collier County Emergency
Medical Services Syr . mlLii aiCt' Ordinance; Collier County
Ordinance No. 92��6 amended, d , ~t Y *d r County Road impact
Fee Ordinance; Col my Ordinanc 92 33, as amended, the
Collier Count E ucatioonn cilitxes Impac� Fee Ordinance,
they may be f tt�er�l�a �nde o t' to time, hereinafter
collectively r '_m ct a Ordnance", provide for
deferrals of ip bt fees for renta.. d lldn� /units qualifying as
affordable hous nuand � >
�t �
WHEREAS, Cu Busching, a President of B &B
Properties, Inc., a d /b /a B &B Properties
of South Florida, Inc., Managing General Partner of Cypress Point
Limited Partnership d /b /a Cypress Point of South Florida Limited
Partnership, a Mississippi Limited Partnership, and serves as a
duly authorized agent for the Owner; and
— - - -- 3/27/2012 Item 16.D.1.
001945
OR BOOK
000715
PAGE
WHEREAS, curt C. Busching, as OWNER #s duly authorized agent,
has applied for a deferral of impact fees as required by the
Impact Fee Ordinance, a copy of said application being attached
hereto and incorporated by reference herein; and
WHEREAS, the County Manager or his designee has reviewed the
OWNER,s application and has found that it complies with the
requirements for an affordable housing deferral of impact fees as
established in the Impact Fee Ordinance; and
WHEREAS, the impact fee deferral shall be presented in lieu
of payment of the requisite impact fees subject to satisfaction of
all criteria in the Impact Fee ordinance qualifying the project as
eligible for an impact fee deferral; and
WHEREAS, the COUNTY approved +s� deferral of impact fees in the
amount of $198,042.0 , fo res�l Pc� rat Limited Partnership, on
' \! 94 -303
the Laurel Ridge 92-121, embo,in Resolution ,
at its regular �eetfn of May 3, 1994 � \ ; and
WHEREAS, /the, a� �ee� Ordinance requires that the OWNER
enter into an AgJ
NOW, THER'
1c�
the parties coo
v!
1. RECITA�
and cc
herein.
and agree as
g iii& foregoing recitals
recitals are true
ted by reference
2. LEGAL DESCRIPTION. The legal description of the
dwelling units (the "Dwelling Unit ") is attached hereto
as Exhibit "A" and incorporated by reference herein.
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- - -- =_ 3/27/2012 Item 16.D.1.
001945 000116
OR BOOK PAGE
3. TERM. OWNER agrees that the Dwelling Unit shall remain
affordable and shall be offered for rent in accordance
with the standards set forth in the appendix to the
IImpact Fee Ordinance for a minimum of fifteen (15) years
j commencing from the date a certificate of occupancy is
issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. Owner represents and
warrants the following:
a. The Dwelling Unit shall be the permanent residence
of the occupant /tenant.
b. The household renting the Dwelling Unit must have a
very low or low income level as those terms are
defined in dices to the respective Impact
Fee Ofc K thly rent must be within
ttb'e , %a� ordable housing gui lines established in
4e/ noend' bes-- -t4r-; the respective Impact Fee
C. T e bwe litpg( U�aeafain" affordable for at
as fi n ) sjom the date the
0 ificate of occ y,wa5^+issued.
5. SUBSEQ , RENTAL OR If OWNER rents the
Dwelling mpact fee deferral to a
subsequent ren welling Unit shall be rented
only to households meeting the criteria set forth in the
Impact Fee Ordinance, the impact fees deferred shall be
repaid to the COUNTY upon the discontinuance of use of
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p`
k
3/27/2012 Item 16.D.1.
001945 000717
OR BOOK PAGE
the Dwelling Unit as affordable housing, or six years
from the date such impact fees are deferred, whichever
occurs first. OWNER agrees that even though the impact
fees have been repaid to the COUNTY, the owner will
utilize the Dwelling Unit for affordable housing for at
least fifteen (is) years from the date the certificate
of occupancy was issued for the Dwelling Unit.
6. LIEN. The deferred impact fees shall be a lien upon the
property which lien may be foreclosed upon in the event
of non - compliance with the requirements of this
Agreement.
7. ANMAL REPORT. Annually, the OWNER of the Dwelling Unit
shall provideatlnty Manager an affidavit of
T a housing qualification
complian ��,,--- �-- a�..�,,�°
criteriia d standards set forth in the Impact Fee
Ordi4an . _ a mus \t� be filed within thirty
(30 d \ }t of the issuance of the
ceriigg +date ,isf o'c, the ncome of any unit i LL
ren which origina qu i'k' L very low or low
i t
inc m l vel as define s,h 5pective Appendix to
the I acct Fee Or
n
(4 0%) dinance ` s ` o e than forty percent
•�' �. } mpact Fee shall become
, t n �
immediately due payable by Owner or, in the
alternative, the owner shall have ninety (90) days to
comply with the Affordable Housing guidelines set forth
in the respective Appendices.
- 4 -
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i
3/27/2012 Item 16.D.1.
001945 000718
OR BOOK PAGE
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements, and upon payment of the deferred
impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing
same, including but not limited to, a release of lien.
9. HINDINa EFFECT. This Agreement shall be binding upon
the parties to this Agreement, their heirs, successors
and assigns. In the case of sale or transfer by gift of
the Dwelling Unit, the original OWNER shall remain
liable for the impact fees deferred until said impact
fees are paid in full.
10. RECORDING. This Agreement shall be recorded by OWNER at
the expense of O the Official Records of Collier
County, 1. R. fteen (15) days after
execut!ib � this Agreement h4 Chairman of the Board
of C�nt mmiss'
11. DEF IILT. a d ul of this Agreement
(1) wh �e�O% f i a prr` erty in accordance
wit a n or ing n qls and qualification
critic established in he I % t Fee Ordinance and
there a er fails to pay l�pact fees due within
thirty ( �n'ompliance, or (2) where
OWNER violate affordable housing qualifi-
cation criteria in the Impact Fee ordinance for a
period of fifteen (15) days after notice of violation.
However, with respect to the Annual Report, OWNER shall
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i
Packet Page -980-
3/27/2012 Item 16.D.1.
001945 000719
OR BOOK PAGE
not be in default of this Agreement until a fifteen (15)
day grace period from the due date of the report has
lapsed in the event the owner is in default.
12. REMEDIES. Should said owner of the property fail to
comply with the said qualification criteria at any time
during the six (6) year period or should OWNER violate
any provisions of this Agreement, the impact fees
deferred shall be paid in full by OWNER within thirty
(30) days of said non - compliance. OWNER agrees that the
impact fees deferred shall constitute a lien on the
property commencing on the effective date of this
agreement and continuing until paid. Such lien shall be
superior and parasROn the interest in the Dwelling
0:
Unit ofyier," tes,�C(' nt, mortgagee, or other
person -eka t the lien for taxes and shall be on
pari y w t p a 1' -oi,J y such County taxes. Should
the 0 is Agreement and the
def u1 p�o can e t n t irtg (30) days after
wri ten n ce th er, d may bring a civil
acti enforce the a y m`ent/.0 addition, the lien
may be of closed or otherwi orced by the COUNTY by
action or suiib� V"a or the foreclosure of a
mortgage on rea�P "ty• This remedy is cumulative
with any other right or remedy available to the COUNTY.
The Board shall be entitled to recover all fees and
costs, including attorney's fees, plus interest at the
- 6 -
001945
OR BOOK
3/27/2012 Item 16.D.1.
000720
PAGE
statutory rate for judgments calculated on a calendar
day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement
for deferral of Impact Fees on the date and year first above
written.
Witnesses:
C-\,Vf (:I( -
Pr nt Namd Vft,%k \m Crnenr
F9'
iNtR Co
DATED-. ,
ATTEST!' c /��
�aDWIGHT E: i�RO K, 1 rk
OWNER:
CYPRESS POINT LIMITED PARTNERSHIP
BY: B &B PROPERTIES, INC.
Its: Xal Par ner
By:
ur u ching, President
(hp ove k8s, to form
1'a1S��`ficiency
CIP,
H d . Ashton
Assistant County Attorney
- 7 -
SEAL)
Y COMMISSIONERS
, FLORIDA
3/27/2012 Item 16.D.1.
-- - - - - -- -- - -
001945
OR BOOK
000721
PAGE
STATE OF P � JL Q )
COUNTY OF Cc U i e C _)
The foregoing instrument was acknowledged before me this ^lam
day of , 1991, by CURT C. BUSCHING, Pres ent
of B &B Prop rt es, Inc., General Partner of CYPRESS POINT LIMITED
PARTNERSHIP, a Mississippi corporation, on behalf of the corporation.
He is a all known to me or has produced NIA
(type of ident f cat on) as identification.
[NOTARIAL SEAL] Signa.Ptu of Person Taki g Acknowledgment
OFFICIAL SEAL Name of Acknowledger Typed, Printed or Stamped
••' JULIE ANN TAYLOR
t My Commission Expires
March 16, 1997 Title or Rank
%;,fir,.•' Comm. Na. CC 267142
•, :"..
Serial Number, if any
( �' r*'�J( n
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3/27/2012 Item 16.D.1.
001945 000722
OR BOOK PAGE
EXHIBIT "A"
A portion of the Southwest Quarter of section 16, Township 49 South,
Range 26 East, Collier County, Florida, being more particularly
described as follows: COMMENCE at the intersection of the centerline
of 16th PLACE SW with the West boundary of the Southwest Quarter of
said Section 16 as shown on the Plat of GOLDEN GATE UNIT 4 PART 1, as
recorded in Plat Book 9, Pages 121 through 124 of the Public Records
of said County; thence N. 90100100 "E., 686.40 feet along said
centerline; thence N. 00100100 "E., 30.00 feet to the North
right -of -way line of said 16th PLACE SW, and the POINT OF BEGINNING;
thence S. 90100'00 "W., 609.14 feet along said right -of -way line to
the beginning of a curve concave to the Northeast having a radius of
25.00 feet; thence NORTHWESTERLY, 38.93 feet along said right -of -way
line and curve through a central angle of 8911310311, to the East
right -of -way line of SANTA BARBARA BOULEVARD, as recorded in said
Plat Book 9, Pages 121 through 124; thence N. 00146157 11W., 280.03
feet along said right -of -way line to the beginning of a curve concave
to the Southeast having a radius of 25.00 feet; thence NORTHEASTERLY,
39.61 feet along said right -of -way line and curve through a central
angle of 9014615711, to the South right -of -way line of GREEN
BOULEVARD, as recorded in said Plat Book 9, Pages 121 through 124;
thence N. 90100100 11E., 1061.97 feet along said right -of -way line;
thence S. 00100'00 "W• thence S. 90'00'00 "W., 425.00
feet; thence S. 00' ,1� e\et; thence S. 90100100 "W.,
24.00 feet; thenc [a 00 a0`0 feet to the POINT OF
BEGINNING. f�' �—
_U0
CbAttY,78
9 _ pnc01tutel6 F!cor/
ds of
CDLLIER EOU6ROGKFLCLERK
DNSGit
a
3005365 OR 3/27/2012 Item 16.D.1.
RICOMID in MICIAL RICORDS of COLLAR COMI, PL
06/27/2002 at DI MAN OIIGIT 1. MCt, CLUK
Prepared by: RIC "1 42.00
Penick G. White COPI15 4.00
AWL Collier County Att'y. RlLo:
3301 Tantiaml Trail Lust 109SIIG i UUA1 I1lROVI111!
Naples. FL 31112 IM11 DIMS
AM: 149"1 RAID
File#02- 135 -IF
This space for recording
AGREEMENT FOR WAIVER OF 50% AND DEFERRAL OF 50% OF
COLLIER COUNTY IMPACT FEES FOR
SINGLE - FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the Waiver o - arl"eferral of 50% of Impact Fees is entered
- tr
into this`d day of J �.�� 0 ,} ` een Collier County, a political
subdivision of the State of MridZ.rthrouah its Board of
referred to as "COUNTY,"
"OWNER," collectively statttd th "Pirrti
s- '
RECITAI
WHEREAS, Collier Cis .. Ordinance No.
Impact Fee Ordinance, as it may
Commissioners, hereinafter
hereinafter referred to as
l,t
�i Collier County Consolidated
to time, hereinafter collectively
referred to as "Impact Fee Ordinance," prov`di e—s-to—F —waiver and deferral of impact fees for new
owner - occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for the waiver of 50% and deferral of 50% of the
impact fees otherwise required to be paid, as allowed by the Impact Fee Ordinance, and a copy
of said application is on file in the office of Housing and Urban Improvement Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing
waiver of 50% and deferral of 50% of impact fees as set forth in the Impact Fee Ordinance; and
Packet Page -985-
OR 3/27/2012 Item 16.D.1.
WHEREAS, the impact fee waiver and deferral shall be presented in lieu of payment of
the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance
qualifying the project as eligible for an impact fee deferral and waiver. and
WHEREAS, pursuant to Section 74 -201. E.l.b. of the Impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances, the County Manager is authorized to execute
certain Impact Fee Waiver and Deferral Agreements. and
WHEREAS.. by signing this Agreement, the County Manager will approve a waiver and
deferral of impact fees for OWNER in support of creating Affordable Housing, and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY. _
0
NOW, THEREFORE in�nsi' deration of the fob oin Recitals. and other good and
valuable consideration, the recei tan su t ' y of hich i he by mutually acknowledged.
the Parties covenant and age fo low : �
I. RECITALS INC P TED. he o oing Recut are true and correct and are
incorporated by re herein.
2. LEGAL DESCRIPTI al des > the dwelling unit and its site plan
(the "Dwelling Unit ") is attac it "A." and is incorporated by reference
herein.
3. TERM. As to the waiver of impact fees, the terms of this Agreement apply for no
longer than a period of fifteen (15) years commencing from the date the certificate of
occupancy is issued for the Dwelling Unit. As to the deferral of impact fees, the
terms of this Agreement apply for so long as the Dwelling Unit is occupied as
affordable housing such that the Dwelling Unit shall only be offered for sale in
accordance with the standards set forth in the impact Fee Ordinance and this
Agreement.
2
Packet Page -986-
o.3/27/2012 Item 16.D.1.
•to vvvr 4%06 LaYA
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. OWNER's household earnings will not exceed a low income as defined in
the Impact Fee Ordinance, and the OWNER's monthly payments to
purchase and pay for the Dwelling Unit will remain within the affordable
housing guidelines established in the Impact Fee Ordinance.
b. Owner is a first -time home buyer.
C. The Dwelling Unit is, and will remain, the homestead of the OWNER or
any subsequent owner;
d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee 00i es in the total amount of $4,848.82),
as set fort K aatt ched Exhibit "B," Ito rated by reference: and
e. In return fo the wa''ng 50 1 an deferring 509/o of the impact
fees o —e O rl ov nants and agrees to comply
with e i pa Fe r and deferral qualification
criteria ed in the Impact rdit�
5. SUBSEQUENT T REPAYMEN „,f WNER sells the Dwelling Unit
which is subject to the imw v eferral to a subsequent purchaser, the
Dwelling Unit shall be sold only to persons or households meeting the waiver and
deferral qualifying criteria set forth in the impact Fee Ordinance. In the case of such
sale or transfer by gift of the Dwelling Unit, the new qualified OWNER shall become
liable for the impact fees waived until the original fifteen year term expires, and shall
become liable for the impact fees deferred until said impact fees are paid in full, or
until the conditions set forth in the Impact Fee Ordinance and this Agreement are
satisfied, i.e., the Dwelling Unit is sold or transferred to another qualified purchaser.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing as defined in the impact Fee Ordinance during the term of this
3
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3/27/2012 Item 16.D.1.
OR. jvu4 ru: 11oz
Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during
such period, the full amount of the waived and deferred impact fees shall be
immediately paid to the COUNTY, except that after fifteen (15) years the waived
impact fees no longer are required to be repaid.
7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and
continuing until paid or released, the dollar amount of the waived and deferred impact
fee shall constitute and be a lien on the Dwelling Unit in the amount of Four
Thousand Eight Hundred Forty -Eight dollars and 82!100 ($4,848.82), as set forth in
attached Exhibit "B. except that after fifteen (15) years the waived impact fees no
longer are required to be repaid. This lien may be foreclosed upon in the event of
..,,�,
default under this Agre 0� he OWNER is the mortgagor, the
COUNTY and OW B&' gree that by, and in on ' eration of a suitable security
collateral being prov"`ded�tsy -athe to e OUNTY, then all of the
COUNTY'S lien ri t a n res s r' i r his Agreement are to be
considered junio , an tot h mortgage on the Dwelling
Unit. Except as el re noted in this A t�i� ash regardless of any foreclosure
on the first mortgage tti security int�t',� ^ lien shall otherwise be superior
and paramount to the inte I3 n ✓g Unit of am owner. lessee, tenant.
mortgagee, or other person, except that this lien shall be on parity with any lien for
County taxes.
8. RELEASE OF LIEN. Upon satisfactory completion of this Agreement's
requirements at the end of the term of the Agreement, or prior payment of the waived
impact fees within the fifteen (15) year term applicable to waived impact fees. and
payment of the deferred impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing such payment(s),
including, but not limited to, a release of lien.
4
Packet Page -988-
3/27/2012 Item 16.D.1.
Le JVVC* lV• 11UJ
9. BINDING EFFECT. This Agreement shall run with the land and be binding upon the
Parties to this Agreement. their heirs. successors, and assigns
10. RECORDING. This Agreement shall be recorded by COUNTY at the expense of
COUNTY in the Official Records of Collier County. Florida. within sixty (60) days
after execution of this Agreement by the County Manager.
11. DEFAULT. OWNER shall be in default of this Agreement if:
a. OWNER fails to sell the Dwelling Unit in accordance with the at3'ordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter. fails to pay the impact fees due within thirty
(30) days of mailing of written notice of said non - compliance. or
b. OWNER c t A the affordable housing qualification
criteria pit ' mpact Fee Ordinan or period of fifteen (15) days after
mailiak o wri ten tic"f the
12. REMEDIES. The fUll win r�m d lie ' Wke wiith any other right or remedy
available to the r�
a. Should t ` ER of the prrt : fail to comply with the said
qualification t any time a term of this Agreement: or (2)
violate any provisio this ment. then the dollar amount of impact
fees waived and deferred shall be paid in full by OWNER to the COUNTY
within thirty (30) days of written notification of said violation. except that
after fifteen (15) years the waived impact fees no longer are required to be
repaid.
b. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing of written notice to
the OWNER, the COUNTY may bring a civil action to enforce the
Agreement.
5
Packet Page -989-
OR 3/27/2012 Item 16.D.1.
• vVV6 aV• iiVZ
c. In addition. the lien may be foreclosed. or otherwise enforced by the
COUNTY. by action or suit in law or equity including the foreclosure of a
mortgage on real property. The COUNTY shall be entitled to recover all fees
and costs. including attorneys fees. plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
and year first above written.
(as to both): �;/� OWNER 1: \
ro
Print Name
•�
STATE OF FLORIDA)
COUNTY OF COLLIER)
2
Tashonda Way
_' C1
4 \ ?
The foregoing Agreement was acknowledged before me this J day of
2002, by Willie A. Smith and Tashonda Warren. They are personally known to or produced
(identification) as identification.
[NOTARIAL SEAL] Signature of Person Taking Acknowledgment
Mo K &AM
Nroe.. BW taws
FR44VJWM1101Wt& cc tiedett
/V
R
Packet Page -990-
OR 3/27/2012 Item 16.D.1.
Y -v- &W. - - --
COUNTY:
COLLIER COUNTY. FLORIDA
By:
THOMAS W. OLLIFF. ( ANAGER
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agreement was acknowledged before me this I-J ' day of
2002, by Thomas W. 011iff, County Manager, on behalf of the COUNTY. tie is personally known to
me.
C
[NOTARIAL SEAL) Signature of Pers •ing Acknowledgment
Approved as to form
Patrick G. White
Assistant County
i
LIN
7
Packet Page -991-
Approva
r.jInterint Director of
an Improvement
LAUREL I. BEARD
Mr MMMISSION • oc _711wa
Expli ;% 101 :41m:
1.600- }.NQI'ARI Fla\uun 5enxn k&.ornai
01,3/27/2012 item 16.D.1.
-.vr • v■ •1bvv
EXHIBIT •`A"
LEGAL DESCRIPTION
Willie A. Smith and Tashonda Warren
LOT 129 OF THE JUBILATION SUBDIVISION ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 7, INCLUSIVE,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
EXHIBIT "B"
IMPACT FEE BREAKDOWN
Type of Impact Fee p��
y,
A. Library Impact Fee
B. Road Impact Fee
P $ .8..5.
E
C. Parks Impact Fee:
D. EMS impact Fee ` $9_ .
E. Educational Facilitie em Impact Fee 7 8
F. Correctional Facilities
TOTAL IMPACT FEES y~y d _
50% DEFERRED IMPACT FEES $2,424.41
50% WAIVED IMPACT FEES $2,424.41
8
Packet Page -992-
n.
• 3/27/2012 Item 16.D.1.
OR: 3062 PG: 1167 ***
CONSERVAn PRESERVE
61
RErLECIIONS WAY
Vol
At
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OR
AMA
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AVER
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Packet Page -993-
r
T Ix
Pall I�All Y /Avic
fl, 3YIYi,
Prepared by:
Patrick G. White
Asst. Collier County Att'y.
3301 Tnniatni Trail East
Naples, Ft. 34112
Filet# 02- 135 -IF
3209952 3/27/2012 Item 16.D.1.
HCO1D1D in 0FIICL" nwas or w1hLAR tvnIT1, ri,
0/21 /2401 at 10 :16M KIGU 1. IM, CUU
me 111 31.50
Nets:
tINANCIAL ADNIN 1 10131NG
INfl10«lC1
ATTN: LAMN B1AU1403 -2338)
This space for recording
AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES
FOR SINGLE - FAMILY AFFORDABLE HOUSING DWELLING
This Agreement for the Deferral of I %o of Impact Fees is entered into this Ik day of
2003 by and political subdivision of the State of
Florida, through its the Boar o unty Commissioners, relnafter referred to as "COUNTY,"
and Gramond & Marie E. 16r%,i1us, er a referred to a "OWNER," collectively stated as
the "Parties."
t'
0
) -�
S.
WHEREAS, Collier ty Ordinance No:� -l:e Collier County Consolidated
Impact Fee Ordinance, as amen 02 -34, an i
ay
be further amended from time to
time, hereinafter collectively referred -'i Ordinance," provides for deferrals of
impact fees for new owner - occupied dwelling units qualifying as affordable housing; and
WHEREAS. OWNER has applied for a deferral of 100% of impact fees as allowed by
the Impact Fee Ordinance, and a copy of said application, is on file in the office of Financial
Administration and Housing Department; and
WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S
application and has found that it complies with the requirements for an affordable housing 100%
deferral of impact fees as set forth in the Impact Fee Ordinance; and
Packet Page -994-
OA 3/27/2012 Item 16.D.1.
WHEREAS, an impact fee deferral agreement may be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
the project as eligible for an impact fee deferral; and
WHEREAS, pursuant to Section 74 -201. E.l .b. of the Impact Fee Ordinance, as codified
in the County's Code of Laws and Ordinances, the County Manager is authorised to execute
certain Impact Fee Deferral Agreements; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY, and
WHEREAS. by signing this Agreement. the County Manager will approve a deferral of
impact fees for OWNER in support of creating Affordable Housing.
NOW, THEREFORE, in _'n. 'oing
valuable consideration, the re eif,1
the Parties covenant and ag � e . fol
1. RECITALS IN OR O
incorporated by n
2. LEGAL DESCRI
(the "Dwelling Unit'
herein.
sufficiency of whi.+ is
Recitals, and other good and
mutually acknowledged.
1 T} fG= g editak are true and correct and are
7
�erei �, � � l
The legal descr!oti Qip dwelling unit and its site plan
hed as Exh'Yand is incorporated by reference
3. TERM. The term of this Agreement is for no longer than a period of fifteen (15)
! years commencing from the date the certificate of occupancy is issued for the
I
Dwelling Unit. During this term the Dwelling Unit must remain as affordable
housing and may only be offered for sale in accordance with the standards set forth in
the Impact Fee Ordinance and this Agreement.
4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants
the following:
a. OWNER's household earnings will not exceed the limit for low income as
defined in the Impact Fee Ordinance, and the OWNER's monthly
2
Packet Page -995-
OR; 3/27/2012 Item 16.D.1.
payments to purchase and pay for the Dwelling Unit will remain within
the affordable housing guidelines established in the Impact Fee Ordinance,
b. Owner is a first -time home buyer.
C. The Dwelling Unit is, and will remain, the homestead of the OWNER or
any subsequent owner;
d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the
Impact Fee Ordinance owes impact fees in the total amount of 11&48.82,
as set forth in attached Exhibit "B," incorporated by reference, and
C. In return for the COUNTY deferring repayment of 100% of the impact
fees owed by OWNER until no later than the expiration of the TERM.
OWNER fug s to comply with the affordable
housing ' fee deferral qualific on criteria detailed in the Impact Fee
5. SUBSEQUENT T `N F'# : R RA E Wi'itER sells the Dwelling Unit ANW
which is subject G� pa al t ' �ent purchaser, the Dwelling
Unit shall be Sol i to persons or eho y eeting the deferral qualifying
criteria set forth in th I Fee Ordinan case of sale or transfer by gift of
the Dwelling Unit. the ort' ��- all liable for the impact fees
deferred until said impact fees are paid in full or until the conditions set forth in the
Impact Fee Ordinance and this Agreement are satisfied.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing as defined in the impact Fee Ordinance during the term of this
Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during
such period, the full amount of the deferred impact fees shall be immediately repaid
to the COUNTY.
7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and
continuing until paid or released, the dollar amount of deferred impact fee shall
constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight
3
Packet Page -996-
OR 3/27/2012 Item 16.D.1.
Hundred Forty - Eight dollars and 82/100 ($4,848.82), as set forth in attached Exhibit
"B." This lien may be foreclosed upon in the event of default under this Agreement.
Provided that if the OWNER is the mortgagor, the COUNTY and OWNF..R agree that
by, and in consideration of a suitable security collateral being provided by the
OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising
tinder this Agreement are to be considered junior, inferior, and subordinate to each
first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement.
and regardless of any foreclosure on the first mortgage or other security interest, such
lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of
any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on
parity with any lien for C0 I t.- "
8. RELEASE OF L31D1 Upon satisfacto completion of this Agreement's
requirements, including OhynKnt ; of the deferred it
the expense of the
roc y
payment. inelud�n�� t 1)rn' d le l
9. BINDING EFFEC' his Agreement
Parties to this Agree �e ,,ir heirs, ;
10. RECORDING. This
fees, the COUNTY shall, at
evidencing such
land and be binding upon the
assigns
by COUNTY at the expense of
COUNTY in the Official Records of Collier County. Florida, within sixty (60) days
after execution of this Agreement by the County Manager.
11. DEFAULT. OWNER shall be in default of this Agreement if.
a. OWNER fails to sell the Dwelling Unit in accordance with the affordable
housing standards and qualification criteria established in the Impact Fee
Ordinance, and thereafter, fails to pay the impact fees due within thirty
(30) days of mailing of written notice of said non - compliance, or
b. OWNER continues to violate any of the affordable housing qualification
criteria in the impact Fee Ordinance for a period of fifteen (15) days after
mailing of written notice of the violation.
4
Packet Page -997-
OA 3/27/2012 Item 16.D.1.
12. REMEDIES. The following remedies are cumulative with any other right or remedy
available to the COUNTY:
a. Should the OWNER of the property: (1) fail to comply with the said
qualification criteria at any time during the fifteen (15) year term; or (2)
violate any provisions of this Agreement, then the dollar amount of impact
fees deferred shall be paid in full by OWNER to the COUNTY within thirtv
(30) days of written notification of said violation.
b. Should the OWNER otherwise be in default of this Agreement, and the
default is not cured within ninety (90) days after mailing of written notice to
the OWNER, the COUNTY may bring a civil action to enforce the
Cot
Agreement.
c. In addition; i'lien may be forec ed\. or otherwise enforced by the
and
IN WITNESS WHERE OF,\il
year first above written.
Witnesses:
Print Name
4- �P,�-f "6
Print Name UIP
" ;iA4 in-la or eq�ityiincluding the foreclosure of a
jL`V all! be entitled to recover all fees
ofrt " ees, nc st at the statutory rate for
on a calend2avibasuntil paid.
ie h ecuted this Agreement on the date and
Murriond Jorvelus
Marie E. Jorvelus
Packet Page -998-
OR 3/27/2012 Item 16.D.1.
STATE OF a
COUNTY OFFMa Y
The foregoing Agreement was acknowledged before me this � day of ,
2003, by Gramond & Marie E. Jorvelus. The is pe ally known to me.
rIrI00M 0[1��1►
wa.l.t oR uwM
[NO *� 4ft Signature of Person Taking Acknowledgment
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA)
COUNTY OF COLLIER)
The foregoing Agree
2003, by James V. Mudd, C
me.
[NOTARIAL SEAL]
Lauren J Beard
+ =_ Commission #0159014
Expires- Oct Oct 24, 2006
Bonded nru
Atlantic Bonding Co., Inc.
Approved as to form and
legal s ciency:
Patrick . ht
Assistant County Attorney
y:
JAMES
acknowledged-6
er, on behalf
Signature of
COUNTY MAN
e L.a � ay of
'BOUNTY. He is persdnally known to
Rec mmend Approval
Denton Baker, Director of
Financial Administration & Housing
6
Packet Page -999-
OR: 3/27/2012 Item 16. D.1.
EXHIBIT "A"
LEGAL DESCRIPTION
Gramond & Marie E. Jorvelus
LOT 12, OF THE JUBILATION SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH
7, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
EXHIBIT "B"
IMPACUfX— WAKDOWN
- coy
Type of Impact Fee �/0 mr e
A. EMS Impact Fee r- ---L�_ $9VO�
3
B. Correctional Faciljtiesh
C. Library Impact Fees, } $21 .00;'
D. Parks Impact Fee. $8204
E. Educational Facilitleg m Impact Fee
F. Road Impact Fee il5.00
TOTAL IMPACT FEES $4,848.82
I'CiWForms &Agreements/Aflllsgn /100 .Ikferral Agreement 1081602 1012)
7
Packet Page -1000-
tow
Retc. _
IXICUTIVI TITLI IRSURARCI
PICK UP
umu1 UR: JJJJ pf Ail
RICORDID fn the OPPICIAL RICORDS of COLT 3/27/2012 Item 16.D.1.
01/14/2003 at 08:15kk DYIGr. E. mcil.....,a
RIC PII iz.9l
SECOND MORTGAGE
THIS SECOND MORTGAGE ( "Security Instrumenr) is given on June ,2003. The Second Mortgagor is:
Gramond & Marie E. Jorvelus, Husband and Wife
('Borrower'). This Security Instrument is given to Collier County ('Lender'), which is organized and existing under
the Taws of the United States of Amerce, and whose address is 3050 North Borasahoe Drive, Suits 175, les
Florida 34014 . Borrower owes Lender the sum of TWO Thousand Five Hundred and No /100the Dollars (U,S.
S 1, 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 gals of Property,
loss_of hoa►eatsad ssetrmtioa This Security Instrument secures to Lender, a the re rsfitsanos, or
Note, with int and all renewals, extensions and rnOddiC8ti0t1S; b the () payment 0i the debt evidenced (>yr the
to protect the security of the Security Instrument; and (c) the performance BOMMO vers covenants and agreements under trills Seeur�tly 9r 7
Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant end convey to LerWer the er ti
property located In Collier County, Florida. following described
As more Particularly described as Lot 12, Jubilation Subdivision, Collier County, Furids and which has the address of:
('Property Address'): 1199 Serenity Lase, r�oltslse, Florida 3�it1
rs�r - lull rsu,.r izbr
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 seized of the estate hereby conveyed and has the right to mortgage, grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally
the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variation by
jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges, Borrower shall promptly pay when due the Principe of and
interest on the debt evidenced by the Note.
2. Taxes. The Mortgagor will pay all taxes, assessme srsewerTents-pr water rates prior to the accrual of an
thereon. &� R co � P y penalties or interest
The Mortgagor shall pay or cause to be paid, t respective `due, (A)(1) all taxes and governmental charges of any
kind whatsoever which may at any time be Iawfull asst 0(levied a with, to the Y ag, geinst or Property. (2) all utility and other charges,
including "service charges', incurred or imposed for �,,� , , ration, maintenance, use,
(3) all assessments or other governmental Cho „,,,� that t �^�'' upkeep and improvement of the Property, and
a p mayaawtuUy be paid in installine oveK a period of years, the Mortgagor shall be
obligated under the Mortgage to pay or cause to be pa)7d h in- SURFR€msas are d td, rd during the term d the Mortgage.
shall, promptly after the payment of any of the fpregomg, forward gee eAencegof itich playment and
3. Application of Payments. Unles app II is received by Lender shall be applied: first, to
interest due; and, to principal due: and lest, to Ony I (e a die r �
4i Charges; Liens. Borrower shall pay a f t s, estsmj3nt , t (gas, h s Prid rCe "itions attributable to the Property which may
attain priority over this Security Instrument, e aC� rite, ' tower shall Y
notices of amounts to be paid under this parag {rid all receipts evidertci "; promptly furnish to Lender all
Borrower shell promptly discharge any 4 Payment>f.�,
P P Y r9 y rpKAtkh,ich has priority over this Uri' In rexmenI unless Borrower; a
the payment of the obligation secured by the lien nner a ()agrees in writing to
acceptable to operate t6b� c t1,, s'in good faith the lien by, or defends against
enforcement of the Tien in, legal proceedings whit enders operate t�ppev n the enforcement of the lien; or (c) secures from
.� opinion
the holder of the lien an agreement satisfactory to L_ rdinaling the lien to�8�cudty Instrument. If Lender determines that any part
of the Property is subject to a lien which may amain pri pve the $ecuri p;:yander may
Borrower shall satisfy the lien or take one or more of the a Y give Borrower a notice identifying the lien.
6. Hazard or Pro 0 days of the giving of notice.
Property insurance. Borrower shall k irteriis 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 Lenders 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 10 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 611 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
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 Property
damaged, if the restoration or repair is economically feasible and Lenders security is not lessened. If the restoration or repair is not
economically feasible or Lenders 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 abandon ¢ tM prOP°'rY urn not answer within 00 days
e nonce rrom Lender trial the insurance carver 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 304ay 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, Borrowers 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 irnmedfatety prior to the acquisition
& Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Lain Applicetion, LeSSMI Ida. Bortower shall
occupy, establish, and use the Property as Borrower's 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 Lenders good faith
judgment could result in forfeiture of the Property or otherwise materially impair the lien 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 Pnoc with a ruling that, in Landers good faith detemninetion, precludes forfeiture of the Borrowers interest in the P ng to be missed
Impairment of the lien created by this Security Instrument or Lenders security interest. Borrower shall also be in default ter malarial
loan application process, gave materially false or inaccurate information or state rients to lerxier (or failed to Borrower, during the
information) in connection with the loan evidenced by the Note, inctdng, but rid limited to, Provide Lender with any material
representations concerning Borrowers occupancy
Packet Page -1002-
3/27/2012 Item 16. D.1.
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 lee title shall not merge unless Lender agrees to 1118 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 attomeys' 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.
S. 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•tivi ffh 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, it mortgage insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes ava +fable 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 al 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 by this Security Instrument shall be reduced by the amount of the proceeds
multiplied by the following fraction; (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value
of the Property immediately before the taking. Any balance shall be 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 less than the amount of the sums secured immediately for the taking.
unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due. 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 paragraphs 1 or change
the amount of such payments. ,��en 11. Borrower Not Released , Forbearance ByA- d�{erasion of the time for payment or modification of
amortization of the sums secured by this Security trial m �) anAUCcessor in interest of Borrower shall not operate to
release the liability of the original Borrower or Borroyr essors in interest. Le (JshAU not be required to commence proceedings
against any successor in interest or refuse to extejid t for payment or otherwise mc;&Iy amortization of the sums secured by this Security
Instrument by reason of any demand made by tl6 origi(ia orrow wags succes$ ors in, interest. Any forbearance by Lender in
exercising any right or remedy shall not be a waiver oqf� or I the a xercis'e'oftany hght'or rer'oedy.
12. Successors and Assigns Bound; Jr>irt 7 111 "" t ., , N, The Covenants and agreements of this Security
Instrument shall bind and benefit the successc, a a rg ° 6f ash rt I r, got to the
Provisions of paragraph 17. Borrower's c nts nit pgreetne Is ha I be art11 re� Arty Borrower who co -signs this Security
Instrument but does not execute the Note; (a) s n Sec riti Itist ment o fly +o mongage, grant and convey that Borrowers interest
in the Property under the terms of this Securi inky► , b), obligatedio pppyhae sums secured by this Security Instrument;
and (c) agrees that Lender and any other Bo y agree to extend, modr „forbear ort any accommodations with regard to the terms
of this Security Instrument or the Note without t cowers consent.
13. Loan Charges. It the loan secure& Security Instrument is eat, diaMaw which sets mannium loan charges, and that
law is finally interpreted so that the interest or othe n t h9rges collected or to be cdlected,in connection with the ban exceed the permitted
limits, then: (a) any such loan charge shall be reduce necessary duos fire charge to the permitted limit; and (b) any sums
already collected from Borrower which exceeded permi Itmt9a�!'�� l'o �q`rnvwar. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a t"Pal�rtle�it�1 err. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge ur2ler th>e -Nola.
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 Properly Address Or any ether 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.
IS. Governing Law; Severablllty. 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. Borrowers 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. It 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 Lenders 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 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.
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 attorney's tees; and (d) takes such action as Larder may
reasonably 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 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. Sole 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 Servicer't 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, Borrower 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
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 also 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 smelt quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
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** 3/27/2012 Item 16.D.1.
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
funher inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the von- 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 end may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the rem"es
provided in this paragraph 21, including, but not limited to, reasonable attorneys 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, 'attomeys' fees' shall include any attomeys' tees 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 it the rider(s) were a pan of this Security Instrument. (Check Applicable Box)
❑ Adjustable Rate Rider
❑ Rate Improvement Rider
❑ Graduated Payment Rider
❑ 1 -4 Family Rider
❑ Balloon Rider
❑ Weekly Payment Rider
❑ Other(s) (specify
SIGNING BELOW, Borrower accepts and agrees to the terr�sq�¢ r
by Borrower and recorded with it.
Signed, sealed and delivered in the
presence /
�
W itnessili :
V
STATE OF FLORIDA
COUNTY 01 L r �or
❑ Condominium Rider
❑ Second Home Rider
❑ Planned Unit Development Rider
rtained in this Security Instrument and in any rider(s) executed
RIA A�-
oranoa)d Jory lug
\-' - ��92M%tsr I Karl". Jorvalus
Address: i
: % +1 !1��rataity Lase
I�leraaiY� Florida 34
�E
C-1
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 Gramond 4 Marie E. Jorwlus 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.
WITNESS my hand and official seal in the County and Sta fo aid this 20jb>.
My Commission Expires:
Notary Publi '
(Seal) own,
Notary's Printed Name
amm
Filek 03 -224
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