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Agenda 07/24/2012 Item #16D177/24/2012 Item 16.D.17, EXECUTIVE SUMMARY Recommendation to approve: (1) a one -time exception to the Local Housing Assistance Plan (LHAP) on SHIP program guidelines, (2) two satisfactions of mortgage in the amount of $77,000 and $5,500 issued to SHIP recipient Mary Mackey for the demolition and construction of a new affordable "green" home, (3) acceptance of the deed of the property for the purpose of resale, and (4) future resale of the property to an income qualified person /household. OBJECTIVE: Approve two (2) satisfactions of mortgage to remove repayment obligations for SHIP recipient Mary Mackey and acceptance of property for future resale. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing grant, offers assistance with repairs and/or replacement housing to qualified applicants of the program. As a condition of the award, the homeowner must secure a mortgage and repay the assistance provided upon sale, refinance or loss of homestead. On November 11, 2011, Housing, Human and Veteran Services Department was contacted by the Collier County Public Guardian office to inform us that a recipient of SHIP funds by the name of Mary Mackey had been placed in a nursing home and permanently removed from her residence located on 402 3rd Street South, Immokalee, Florida 34142. As background, Ms. Mackey received funds in the amount of $5,500 under the SHIP Single Family Rehabilitation program for the demolition of her existing home. On July 26, 2006 a mortgage for $5,500 was recorded in the public records of Collier County. On July 24, 2007, One by One Leadership Foundation entered into an Agreement with Collier County to construct a new affordable "green" home on the client's property located on 402 S. 3rd Street, Immokalee. The total amount expended on this project was $77,000 and on April 17, 2008 a mortgage in favor of the County was recorded in the public records of Collier County. The Local Housing Assistance Plan (LHAP) approved for fiscal years 2004 -2007 and 2008 -2010 set forth the guidelines for the programs administered with SHIP funds. A required component of the LHAP is to detail the repayment obligations of the award. In the case of the two loans issued to the recipient, repayment in full is required if the owner sells, refinances or loses homestead status. At this time, the total sum of the aforementioned loans owed by Mary Mackey to Collier County is $82,500.00. The County's in -house Real Estate Appraiser valued the property at $66,000. Grantor agency has been informed of the proposed transaction and has no objection. Due to the recipient's current hardship and inability to repay the loans coupled with Collier County being the sole mortgage holder of subject property, the Public Guardian's Office has agreed to relinquish the property back to the County. The SHIP Program guidelines are clear that a loss of the grant investment is permissible due to the total debt obligation being greater than the appraised value of the property. Tax sale certificate #6297 -12 for the 2011 taxes is outstanding. The 2012 taxes will become due and payable on November 1, 2012. The total outstanding tax amount owed at the time of closing will be deducted from the resale proceeds. Packet Page -2876- 7/24/2012 Item 16.D.1 Approval of this exception will remove any repayment obligations by the owner and allow Collier County to obtain ownership of the property to be resold to an income qualified person/household with the proceeds of the sale to be returned to the SHIP Trust Fund. FISCAL IMPACT: Cost associated in the resale of the property will be paid out of SHIP administration dollars and general funds will not be utilized for this transaction. Proceeds from the sale of property are considered program income and such funds may be reused for eligible SHIP program activities and placed in the SHIP trust fund account 791, Project 33222. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. —JB W GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Approve a one -time exception to the Local Housing Assistance Plan (LHAP) SHIP program guidelines, and record two (2) satisfactions of mortgage in the amount of $77,000 and $5,500, accept the Deed in Lieu of Foreclosure from Patrick C. Weber, Collier County Public Guardian, as Plenary Guardian of the person and property of Mary Mackey once prepared and approved by the County Attorney's Office for legal sufficiency, approve and authorize the Chairman to execute the Real Estate Sales Agreement and the Statutory Deed once prepared and approved by the County Attorney's Office, to sell the property to an income qualified person/household, authorize staff to deposit the funds received from the sale into the appropriate account and authorize the County Manager or his designee to follow all proper closing procedures, close the transaction, and record the Statutory Deed in the Public Records of Collier County and authorize the Chairman to sign all necessary documents. Prepared By: Priscilla Doria, Grants Coordinator; Housing, Human and Veteran Services Packet Page -2877- COLLIER COUNTY Board of County Commissioners Item Number: 16.D.17. 7/24/2012 Item 16.1. 1 7 . Item Summary: Recommendation to approve: (1) a one -time exception to the Local Housing Assistance Plan (LHAP) on SHIP program guidelines, (2) two satisfactions of mortgage in the amount of $77,000 and $5,500 issued to SHIP recipient Mary Mackey for the demolition and construction of a new affordable "green" home, (3) acceptance of the deed of the property for the purpose of resale, and (4) future resale of the property to an income qualified person /household. Meeting Date: 7/24/2012 Prepared By Name: DoriaPriscilla Title: SHIP Loan Processor,Housing, Human & Veteran Servi 7/6/2012 4:22:47 PM Submitted by Title: SHIP Loan Processor,Housing, Human & Veteran Servi Name: DoriaPriscilla 7/6/2012 4:22:48 PM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 7/6/2012 4:37:32 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 7/6/2012 4:52:40 PM Name: SonntagKristi Date: 7/9/2012 9:02:34 AM Name: AckermanMaria Packet Page -2878- Title: Senior Accountant, Grants Date: 7/9/2012 9:45:47 AM 7/24/2012 Item 16.D.17. Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 7/9/2012 1:59:14 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 7/11/2012 3:54:41 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 7/13/2012 2:57:20 PM Name: KlatzkowJeff Title: County Attorney Date: 7/16/2012 2:43:43 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 7/16/2012 3:41:27 PM Name: PriceLen Title: Administrator, Administrative Services Date: 7/16/2012 5:29:53 PM Packet Page -2879- HOUSING R GRANTS CHUG RECORDED in the OFFICIAL RECORDS f 11412_U 11 half � � � • L� • E 0 3050 HORSESHOE OF 01/26/2006 at 02:30H DWIGHT E. BROCE, CLERF aa� can AYR: NENDY ELOPI DOC -.3i 14.2: SECOND MORTGAGE THIS SECOND MORTGAGE ( "Security instrument') is given on June 14, 2006. The Second Mortgagor is: MARY MACItEY, A single woman ('Borrower'). This Security Instrument is given to Collier County ("Lender"), which is organized and existing under the laws of the United States of America, and whose address is 3050 North Horseshoe Drive #110, Naples Florida 34104. Borrower owes Lender the sum of Five Thousand Five Hundred Dollars(U.S.S 5,500.00). This, debt is evidenced by Borrowers Note dated the some date as this Security Instrument ("Second Mortgage "), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on sale of property, refinance, or loss of homestead exemption. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument and (c) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. More particularly described as: Lot 16, Block 2, South Immokalee heights, according to the plat thereof in plat Book 3, page 29, Public records of Collier County Florida. Foliolf 74031520006 and which has the address of ('Property Address'): 402 3rd St S. rah Immokalee, Florida 34142 (CRY) M—) 99) TOGETHER WITH all the improvements now or hensattereterxedoq the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rjg ahbr%�Ckt€ntf Oxtures now or hereafter a part of the property. The Security Instrument shall also cover all replacements and add$iorts fUti=foragoghgA referred to in this Security Instrument as the "Property. BORROWER COVENANTS that Borroyvar6iS�a�ully seized of the eats by conveyed and has the right to mortgage, grant and convey the Properly and that the Property ls` rlaencumbered, except for encumiaTan ' of record. Borrower warrants and will defend generally the tltle to the Property against all claims orid- demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines titrx4venarith forsiaiional use�and non uniform covenants with limited variation by jurisdiction to constitute a uniform security iristruthent eoverin reef p party. \ t UNIFORM COVENANTS. Borrower er shot 9�I ot~w$ 1 1. Payment of Principal and In i res P pa a and Lyal }va as. w� growers' all promptly pay when due the principal of and interest on the debt evidenced by the ote f 2. Taxes. The Mortgagor will pay S@�we rOFte! �or to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause "tlaid, as the same respe 'V,become Uugy fp)(1) all taxes and governmental charges of any kind whatsoever which may at any time * fuiiy assessed or levied 54"t/or wittt4espect to the Property, (2) all utility and other charges, inducting "service charges', incurred of Oposed for the operation, mainionence, ude, occupancy, upkeep and improvement of the Property, and (3) all assessments or other g I charges that may IavyJdjkb4aid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage c pus@ to be paid onl saclt.ihstallments as are required to be paid during the term of the Mortgage, and shall, promptly after the paymerlbof ate' , forward to Mortgagee evidence of such payment 3. Application of Payments. Unless applicable a b e, all payments received by Lender shag be applied; first, to interest due; and, to principal due; and last, to any late charges due under the Note. 4. Charges; Lions. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Propertywhich may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and all receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lenders opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to alien, which may attain priority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage' and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders approval, which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lenders option, obtain coverage to ported 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 to the Premises by fire, lightning, and other casualties customsriiy insured against (including boiler explosion, if appropriate), with a uniform standard extended coverage endorsement, including debris removal coverage. Such insurance at all times to be in an amount not less than the full replacement cost of the Premises, exclusive of footings and foundations. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage cause. 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 abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30• day period will begin when the notice is mailed. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend 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 immediately prior to the acquisition. ed.wo Packet Page -2880- 7/24/2012 Item 16.Q.17. FORM o 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application, Leaseholds. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within sixty days afterthe execution of this Security instrument and shall continue to occupy the Property as Borrowers 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, allows 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 proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest Borrower shall also be in default N Borrower, during the loan application process, gave materially false or inaccurate information or statements to lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but riot limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on leasehold, Borrower shag comply with all the provision of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. T. Protection of Lenders Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and payfor whatever is necessary to protect the value of the Property and Lender's rights in the Properly. Lenders actions may include paying any sums seared by a lien, which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' teas 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 B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan seared by this Security Instrument Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage Insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, If mortgage insurance coverage (in the amount and for the period.tbat.Landsr requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay iHereassonable ri lei vi X710 [peintain mortgage insurance in effect orto provide a loss reserve, until the requirement for mortgage insurence e Wrftfi,%h y- written agreement between Borrower and Lender or applicable law. 9. Ins on. Lender or its t \` pacts agent rtu Z entries upoq,and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inapecbofi s cl 'n reasonable cause for the 'Inspection. 10. Condemnation. The proceeds o a awaM of slalm fo, ma es \dire or co condemnation or other taking of an g �. consequential, in connection with any g y part of the Prpperly, or -;r( nce in tieu of condemnation, are hereby assigned and shag be paid to Lender. In the event of a total taking of the ro sh had t¢ tthg ems Secu red by this Security Instrument, whether or not then due, with any excess paid to o r. n the a nx o Ito 7jme, Pro Pro immediate) before the taking ms P fro g � . Party. in which the fair market value of the Property Y g' equal o o rear n jlhe. f sums secured by this Security Instrument immediately before the taking, unless Borrower and Lendlero r m ' rte, the su e,ured lsy this Security Instrument shag be reduced by the amount of the proceeds multiplied by � act i1^ja�ttit} TO 1 am the rims seared immediately before the taking, divided by (b) the fair market value or the Prr pO)mmedtately before the taking. y balance'shall be paid to Borrower. In the event of a partial taking of the Property in which the fair ma value of the Pro perty ire "r at y befo'�ie taking is less than the amount of the soma seared immediately for the taking, unless Bo and Lender otherwise agnb�o unless applicable law otherwise provides, the proceeds shall be applied to the sums seath Scarily InsWment whe r -�ridi the sums are then due. Unless Lender and Borrower otherwise agree in writing, any appl"bo�ffp to prindp- al(`rto xtend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the bunco 'e 'l 11. Borrower Not Released, Forbearance KOl IJA Extension of the time for payment or modification of amortization of the sums seared by this Security Instrument grdrrtedtiyterfder to any successor in interest of Borrower shag not operate to release the liability of the original Borrower or Borrowers successors in interest Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums seared by this Security Instrument by reason of any demand made by the original Borrower or Borrowers successors in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability Cosigners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borowees covenants and agreements shall be joint and several. Any Borrower who co-Signs this Security Instrument but does not execute the Note; (a) Is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument orthe Note without that Borrowers consent 13. Loan Charges. If the loan seared by this Security Instrument is subject to a law which sets maximum ban charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the ban exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notes 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 bed irected to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severabllity. Federal law and the law of the jurisdiction in which the Property is located shall govern this Security Instrument In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shag 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 shag be given one conformed copy of the Note and of this Security Instrument 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument However, Lender shall not exercise this option if federal law as of the date of this Security Instrument prohibits exercise. 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 seared 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. —ed. wo Packet Page -2881- t /24/2012 Item) 16.D.17. Maki 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other perjod as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shah continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (togetherwith 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') that collects monthly payments due under the Note and this Security Instrument. There also maybe one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrowerwill 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 else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, 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 nor prior to acceleration following Borrowers breach of any covenant or agreement in this Security Instrument (bW�toE pti to aeriaho nq under paragraph 17 unless applicable law provides otherwise). The notice shall specify. (a) the defauk;lb)�hege Oh4equi�o� Rie default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default m7 stbe cured; and (d) that fa kiii;Ao.pure the default on or before the date specified in the notice may result in acceleration of the sugrs j.p d by this Security instrurire o'mclosure by judicial proceeding and sale of the Property. The notice shall further inform Bolfowervf the right to reinstate after acceleration and the right to assert in the foreclosure preceding the nonexistence of a default or any other d#eff:;e of Borower tgacceleratibn and foreclosure. If the default is not cured on or before the date specified in the notice, Le for, et Its option °m yiequire immediate payment in full of all sums secured by this Security Instrument without further demand and ma foreg' Mcois S f n ng. Lender shall be entitled to collect all expenses incurred in pursuing the remedie pro `' edin hi paragra h i' cl g, nbt lim ad to, reasonable attorneys fees and costs of the title evidence. r C I . 22. Release. Upon payment of �Ilfvms.ser S6ciii Instru n Lenderehall release this Security Instrument, without charge, to Borrower. Borrower shall pay arpywoor 111111in cos . 11W / 23. Attorneys' Fees. As used in Iti�s tecurty Instrument and the ote, "a omeprees" shall include any attorneys' fees awarded by an appellate court 24. Riders to this Security Instru I , g6tone or more riders are exeoutedjrBOfrowrerand recorded together with this Security Instrument, the covenants and agreements of eao s�h.rider shall be incorporateQ.intotnndshall amend and supplement the covenants and agreements of this Security Instrument as if the n'liet�' � is part of this Srn(y 61r6ment (Check Applicable Box) Adjustable Rate Rider 1-dl a frtjp oVamehI Rider I� Condominium Rider ❑ Graduated Payment Rider 1:1 1-4 Family Rider El Second Home Rider Balloon Rider Biweekly Payment Rider E Planned Unit Development Rider Othegs) (specify SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any riders) executed by Borrower and recorded with it. Signed, sealed and delivered in the presence of: Witness Signature: d Signature DyaA -., Borrower Y LACKEY Witness Print Name: Signature: Borrower Witness Signature, Witness PrintNarpe: ,CV J` N"""s Address: 402 3rd St S. Immokalee, Florida 34142 STATE OF_Florida- COUNTY OF Collier 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 MARY MACKEY tome known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that HE/ SHE/ THEY executed the same for the purpose therein expressed. WITNESS my hand and official seal in the County and State aforesaid this June 14,2006. ,�� WENUYA. UK My COtUMM t DD 308716 M Commission , D(Po — yyeak12u �i,,. Y Expires: /Ll!/Y�'1 � _ ®�� y1.� Notarys (SEAL) —ed.vD Packet Page -2882- L�. Prepared by: Collier County Housing & Human Services Dept. 3050 N. Horseshoe Dr., #110 Naples, FL 34104 239 - 252 -4663 41 -t 7/24/2012 Item 16.D.17 RECORDED 1D OFFICIAL RECORDS of COLLIER COORTI, FL 04/21/2008 at 02:55PK DWIGHT B. BROCK. CLBH OBLD 77000.00 OBLI 11000.00 RIC FEE 35.50 DOC -.35 269.50 COPIES 4.00 Retil: CLERK TO THE BOARD INTEROFFICE 47H FLOOR BIT 7240 THIS SPACE FOR RECORDING MORTGAGE Security Instrument RECEIVED THIS SECURITY INSTRUMENT is given on IOAA- _ 2008. The Mortgagor is: APR 18 2008 MARY MACKEY FINANCE DEPT ("Mortgagor "). This Security Instrument is given to Collier County ( "Mortgagee "), with an whose address is 3050 North Horseshoe Drive. Suite 110 Naples Florida 34014. Mortgagor is a third party beneficiary to an Agreement between Mortgagee and One by One Leadership Foundation dated July 24, 2007, a copy of which is attached hereto as Exhibit B (Agieemem),in which Mortgagee is owed the sum of SEVENTY -SEVEN THOUSAND AND 00/100 DOLLARS (u .s, 77.000.00). This Security Instrument secures to M repayment of the debt evidenced by the Agreement and all renewals, extensions and modifications; and (bYthe �� a Instrument and the Agreement. For this p NI , —100�`,� g-go�s covenants and agreements under this Security J. .ovy Moll 949c , grant and convey to Mortgagee the following described property located in Collier ` c As more particularly described in Exhibit A,jl� Drscgption) and which has ad of: ( "Property Address "): TOGETHER WITH alt! and gas t[owJ�rfter � td' " �,.dlie property. and all easements. rights, appurtenances, rents, royalties, mineral o and gas rights and profits,,water rights a#tdVock and all fixtures now or hereafter a part of the property. All replacements aitZla lhions shall also be covered Security��Ilsfrument. All of the foregoing is referred to in this Security Itrttrument as the > >/! MORTGAGOR COVENANT dt ortgagor is lawfully se' ooff (thrfhstate hereby conveyed and has the right to mortgage, grant and tmnvey the PtupertyAn� a Property is unenp[rhbt,rbd� eexzcept for encumbrances of record. Mortgagor warrants and will deferd generally the tide m�ihd ddcmands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT `eftifirt� T fox national use and non - uniform covenants with limited variation by jurisdiction to constitute a uniform security Bring real property. COVENANTS. Mortgagor and Mortgagee covenant and agree as follows: 1. Taxes. The Mortgagor will pay all taxes, assessments, sewer rents or water rates prior to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to be paid, as the same respectively become due, (A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including "service charges ", incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 2. Application of Payments. Unless applicable law provides otherwise, all payments received by Mortgagee shall be applied; first, to interest due; and. to principal due; and last, to any late charges due under the Agreement. 3. Charges; IJens. Mortgagor shall pay all taxes, assessments, charge, fines and impositions attributable to the Property which may attain priority over this Security Instrumen4 and leasehold payments or ground rents, if any. Mortgagor shall Promptly furnish to Mortgagee all notices of amounts to be paid under this paragraph. and all receipts evidencing (a) payments. Mortgagor shall promptly discharge any lien which has priority over this Security Instrument unless Mortgago agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to M r M ortgagee; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Mort gagee's opinion operate to prevent the enforcement of nc� lien; or (c) secures from the holder of the lien an agreement satisfactory to Mortgagee subordinating the lien to this Security instmrnent. If Mortgagee determines that any part of the Property is subject to a lien which may attain priority over the Security Instrument, Mortgagee may give Mortgagor a notice identifying the lien. Mortgagor shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 4. Protection of Mortgagee's Rights In the Property. If Mortgagor fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Mortgagee's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Mortgagee may do and pay for whatever is necessary to protect the value of the Property and Mortgagees rights in the Property. Mortgagee's actions may include paying any sums secured by alien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fee and entering on the Property to snake repairs Although Mortgagee may take action under this paragraph, Mortgagee does not have to do so. Any amounts disbursed by Mortgagee under this paragraph shall become additional debt of Mortgagor secured by this Security Instrument Unless Mortgagor and Mortgagee agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Agreement rate and shall be payable, with interest. upon notice from Mortgagee to Mortgagor requesting paymenL Packet Page -2883- OP-16. 41 7;24/20112 Item 101.D.17. S. Inspection. Mortgagee or its agent may make reasonable entries upon and inspections of the Property. Mortgagee shall give Mortgagor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 6. 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 Mortgagee. In the event of a total taking of the Property, the proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with any excess paid to Mortgagor. 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 same secured by this Security Instrument immediately before the taking, unless Mortgagor and Mortgagee otherwise agree in writing, the aunts 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 Mortgagor. 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 then the amount of the sums secured immediately for the taking, unless Mortgagor and Mortgagee 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 Mortgagee and Mortgagor 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. 7. Mortgagor Not Released, Forbearance by Mortgagee Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Mortgagee to any successor in interest of Mortgagor shall not operate to release the liability of the original Mortgagor or MortgagoYs successors in interest. Mortgagee shall not be required to crommc= proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortizeion of the sums secured by this Security Instrument by reason of any demand made by the original Mortgagor or Mortgagor's successors in interest Any forbearance by Mortgagee in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 8. Successors and Assigns Bound; Joint and Several Liability; Co- Signets. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Mortgagee and Mortgagor. Mortgagor's covenants and agreements shall be joint and several, Any Mortgagor who co -signs this Security Instrument but does not execute the Agreement; (a) is co- signing this Security Instrument only to mortgage, grant and convey that Mortgagor's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Mortgagee and any other Mortgagor may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Agreement without that Mortgagor's consent. 9. Notices. Any notice to Mortgagor provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Mortgagor designates by notice to Mortgagee. Any notice to Mortgagee shall be given to Mortgagor or Mortgagee when given as provided in this paragraph. 10. Governing Law; Severability.}rl "�ti�rtegt shall be governed by faders] law and the law of the jurisdiction in which the Property is l x ated.�itt tlfeuexa Qvi�t'Q L or clause of this Security Insmiment or the Agreement conflicts with applicable law, such conflictradaAsla- affect other provt`sien 'q�this Security Instrument or the Agreement which can be given effect without the conflicting�jt(ov�ltitth. To this end the proviiinns Ns Security Instrument and the Agreement are declared to be severable. % \ \ 11. Mortgagor's Copy. )Mortgagonsh betel given- oac4prifermed copy, of thd�Agreement and of this Security Instrument. 12. Transfer of the Praperty/or a ben�al in in Mortgagor. If all hr any part of the Property or any interest in it is sold or transferred (or if a beneficial ' n and Mortgagor is not n natural Mortgagee's prior written consen M r e perton) without e of its opti eau} i na2e payment in full of all sums secured by this Security Instrument However, this op, on shall not b4 at ci b gggxs ex�rcisejis prohibited by federal law as of the sate Of this Security Instrument. If Mou�ga a ;erciaed tills yption gee,ha Bis�gagor notice of acceleration. The notice shall provide a period of not lee Tarr b m t s`date nie ere is deAivorcdprymailed within which Mortgagor must pay all sums secured by this Security Insrtmnea If Mortgagor fails to pay 'sttse su rick to the expiration of this invoke an remedies P PM Period, Mortgagee may y pertained by thisSeCUrity Instrument without ftalro ee oi;►ptriaind on Mortgagor. 13. Mortgagor's Right Nefgstate If Mortgagor mee} : n,.690Wti6ns, Mortgagor shall have the right to have enforcement of this Security Ins at any time prior to e 11QAf (a) 5 days (or such other °°"w"ti , ;. � Y period as applicable law may specify for reinstatement) beforh said the `Property pursuant power of sale contained in this Security Instrument; or (b) entry of a judgmcnt enforcing this Secuhty instrtpilenc Lose aettffi itO4 'chat Mortgagor: (a) pays Mortgagee all sums which then would be due undo this Security lastrument"tu(d �b _ccelemtion had occurred; (b) cures and default of any other covenants or agreements; (c) pays all exputs�w ' u4nili rcing this Security Instrument, including, but not limited to, reasonable attorneys fees; and (d) takes such action as Mortgagee may reasonably require to assure that the lien of this Security Instrument, Mortgagee's rights in the Property and Mortgagor's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Mortgagor, 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 set forth below. 14. H— ous Substances. Mortgagor shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Mortgagor &hall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of stroll quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Mortgagor shall promptly give Mortgagee 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 Mortgagor has actual knowledge. If Mortgagor learns, or is notified by any governmental or regulatory authority, that any removal or other rernediation of any Hazardous Substance affecting the Property is necessary, Mortgagor shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph, "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. 1S. Acceleration; Remedies. Mortgagee shall give notice to Mortgagor prior to acceleration following a breach of any covenant or agreement in this Security Instrument or the Agreement (but not prior to acceleration 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 Mortgagor, 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 sutras secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Mortgagor of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of Mortgagor to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Mortgagee, at its option, may require immediate payment in full of all sums secured by this Security Instrument without farther demand and may foreclose this Security Instrument by judicial proceeding. Mortgagee shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 16. Release. Upon payment of all sums secured by this Security Instrument, Mortgagee shall release this Security Instrument, without charge, to Mortgagor. Mortgagor shall pay any recordation costs. 17. Attorneys' Foxe. As used in this Security Instrument and the Agreement. "attorneys' fees" shall include any attorneys' fees awarded by an appellate court. Packet Page -2884- 7124/2012 Item 16.Q.17. SIGNING BELOW, Mortgagor accepts and agrees to the terms and covenants contained in this Security insuurnent and in any riders) executed by Mortgagor and recorded with it. Signed, sealed and delivered in the presence of: Witness#l: &A&11D AKIAZez�J Signature: Signature Mortgagor: MARY CKEY Witness#2: Signature: Address: 4104?— &A —191plewdle—ow—A OF STATE OF FLORIDA COUNTY OF COLLIER I The foregoing Mortgage was acknowledged before me this 1 of 2008, by MARY MACKEY who is personally known to me or has produced as identification. u _ Ignature of persbn taking acknowledgment r 40%P4M typed; stamped serial # 3 Packet Page -2885- 1rl ttt r 7/24/2012 Item 16.x.17. EXHIBIT A LOT 23, BLOCK 2, IN SOUTH IMMOKALEE HEIGHTS, A SUBDIVISION LOCATED AT IMMOKALEE, COLLIER COUNTY, FLORIDA, AS PER PLAT THEREOF, RECORDED IN PLAT BOOK 3, AT PAGE 29, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Packet Page -2886- Retr: 4066700 OR; 4276 PG; ; 7/24/2012 Item 16.D.17. CLERK, TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER, COUNT!, FL aa� caa tai,�u INTEROFFICE 47H FLOOR 08/30/2001 at 03 :07PK DWIGHT E. BROCK, CLERK SIT 1240 AGREEMENT BETWEEN COLLIER COUNTY AND ONE BY ONE LEADERSHIP FOUNDATION SHIP NEW CONSTRUCTION LOAN CSFA #52.901 This Agreement entered into this day of —:S� [ , 2007, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and One by One Leadership Foundation, a Private Not- for - Profit Corporation, existing under the laws of the State of Florida, having its principal office at 355 South Third Street, Immokalee, Florida 34143, and its Federal Tax Identification number as 59- 1711633 hereinafter referred to as "SPONSOR." WHEREAS, the COUNTY is a participant in the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, Pursuant to the SHIP Program, the COUNTY is undertaking certain activities to primarily benefit housing for low and very low income persons and neighborhoods; and AW WHEREAS, through Resolution No. 2006 -269 the Board of County Commissioners adopted a revision to the three year LHAP adding new definitions and new strategies outlining the intended use of SHIP funds for fiscal years 2007 -2008, 2008 -2009 and 2009 -2010; and WHEREAS, the Local Housing Assistance Plan (LHAP) Fiscal Year 2007 -2008 was adopted on April 24, 2007 in Collier County Resolution Number 2007 -96; and WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the approved Local Housing Assistance Plan (LHAP); and WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the State Housing Initiatives Partnership (SHIP) Program as a valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows; OBO /SHIP Loan for M. Mackey Immokalee, 1" 16 Packet Page - 2887 or, 7/24/2012 Item 16.D.17. 1. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "SHIP" means the State Housing Initiative Partnership Program of Collier County. (3) "SPONSOR" means One by One Leadership Foundation (4) "HHS Approval" means the written approval of the Housing & Human Services or designee. (5) `'HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "Low and very low income persons" means the definition set by HUD. (7) "Project" means the work contemplated to be performed as set forth in Exhibit "A ". II. SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for advancement and /or reimbursement of funds using Exhibit "B" along with the monthly and annual submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date shall be the date of execution of this Agreement, and the services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. X. CONSIDERATION AND LIMITATION OF COSTS The SPONSOR shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed SEVENTY SEVEN THOUSAND AND 00 /DOLLARS $77,000 for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SPONSOR, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and STATE requirements. The SPONSOR shall enter into xontract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SPONSOR and monitored by the COUNTY, which shall have access to all records and documents related to the project. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SPONSOR when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SPONSOR agrees to comply with the requirements of the SHIP Program as described in the Florida State OBO /SHIP Loan for M. Mackey Immokalee, FT nn— '? ^f 16 Packet Page -2888- f7/24/2012 Item 16.0.17. Vt�e -4L.tV tut JGGU Statute 420.907 and Chapter 67.37 of the Florida Administration Code. The SPONSOR further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HHS. No payments will be made until approved by HHS, or designee. Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHS or designee within forty -five (45) days of said official notification. B. 'SUBCONTRACTS Any work or services subcontracted by the SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the SPONSOR to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the COUNTY without prior written approval of HHS or his designee. C. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, States County, or SHIP guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the COUNTY. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the COUNTY and signed by each Party's authorized representatives. D. INDEMNIFICATION The SPONSOR shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SPONSOR. SPONSOR's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SPONSOR will hold the COUNTY harmless and will indemnify the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out of the conduct of activities and OBO /SHIP Loan for M. Mackey Immokalee, F" - - -16 Packet Page -2889- 7/24/2012 Item 16.D.17, administration of SPONSOR. E. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by HHS in all publications and publicity. In addition, the SPONSOR will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. F. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SPONSOR with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of termination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set -off purposes until such time as the exact amount of damages due to the COUNTY from the SPONSOR is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SPONSOR for services rendered pursuant to this Agreement through and including the date of termination. G. INSURANCE The SPONSOR agrees this coverage shall be provided on a primary basis. I . ADDITIONAL INSURED The SPONSOR shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners_ a Pnlit;cai C„}1A;.. :-_ -r.L_ _ __ agree the Additional Insured endorsement 2. CERTIFICATE OF INSURANCE ". The SPONSOR s coverage on a primary basis. The SPONSOR shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the COUNTY. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). OBO /SHIP Loan for M. Mackey Immokalee, F- - Packet Page -2890- 16 7/24/2012 Item 16.D.1 7 . OR; 4276 PGo 3222 RIGHT TO REVIEW AND ADJUST The SPONSOR agrees that the COUNTY, by and through its Purchasing or Risk Management Department, in cooperation with Housing and Human Services, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. H. INDEPENDENT AGENT AND EMPLOYEES The SPONSOR agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the COUNTY provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. VIII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SPONSOR agrees to comply with OMB Circular A —110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non -Profit Organizations) and agrees to adhere to the accounting principles and - procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING The SPONSOR shall maintain all records required by the SHIP Regulations 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the SPONSOR at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SPONSOR shall keep all documents and records for three (3) years after expiration of this Agreement. 3. SPONSOR shall submit monthly reports while work is underway and annual beneficiary reports by July 301h, to HHS using Exhibit "C ". C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -110, A -122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS, AUDITS, AND EVALUATIONS Advance payments and /or reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit OBO /SHIP Loan for M. Mackey Immokalee, F' - - -16 P-2891- acket Page ``- 7124/2012 Item 16.Q.1 7 . v. , L! v 1 V! V W W V findings identified pursuant to this Agreement. E. ADDITIONAL HHS, COUNTY AND STATE REQUIREMENTS HHS shall have the right under this Agreement to suspend or terminate advance payments and reimbursement until the SPONSOR complies with any additional conditions that may be imposed by HHS or1he COUNTY at any time.. F. AUDITS AND INSPECTIONS AND MONITORING At any time during normal business hours and as often as HHS, the COUNTY, or the State of Florida may deem necessary, there shall be made available by the SPONSOR to HHS, the COUNTY, or the State of Florida for examination all its records with respect to all matters covered by this Agreement. The SPONSOR agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SPONSOR to submit a single audit, including any management letter, made to accordance with the general program requirements of OMB Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non -Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which SHIP funds are expended. Said audit shall be made by a Certified Public Accountant of the SPONSOR's choosing. The SPONSOR shall provide such audit to HHS. In the event the SPONSOR anticipates a delay in producing such audit or audited financial statements, the SPONSOR shall request an extension to advance of the deadline. The cost of said audit shall be borne by the SPONSOR. In the event the SPONSOR is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non - Profit Organizations), the COUNTY reserves the right to require submission of audited financial statements and /or to conduct a `'limited scope audit" of the SPONSOR as defined in A -133. The COUNTY will be responsible for providing technical assistance to the SPONSOR, as deemed necessary by the COUNTY. The Collier County Housing and Human Services Department is responsible for monitoring sub - grantees to provide reasonable assurance that they expend grant awards in compliance with State and contractual requirements. G. GRANT CLOSEOUT PROCEDURES SPONSOR obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; sale and occupancy of the unit, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REQUIREMENTS A. PROGRAM BENEFICIARIES One Hundred percent (100 %) of the beneficiaries of the project funded through this Agreement must be low- and very low- income persons. The project funded under this Agreement shall OBO /SHIP Loan for M. Mackey Immokalee, 17- - - 716 Packet Page -2892- 7/24/2012 Item 16.D.17. OR; 4276 PG: 322 assist beneficiaries and remain affordable for a time the assistance �` SPONSOR shall w roviaeew �s longer, as desi period of twent HHS's request. p written verification of comp, o1bHHS of a this ' or the term o this Agreement. Thy 13. EVALUATION AND , on an annual basis, upor MONITORING The SPONSOR agrees that H determined necessary Will carry out periodic monitorin dependent upon ?' by Hy or the COUNTY and that the coring and evaluation activities as comparisons of satisfactory evaluation conclusions based on the reports Planned versus actual on of this Agreement p ,and output progress ons; a terms of this Agreement is COUNTY or the ut measures. The SPONSOR relating Project scheduling, Bement, information, as is detTy�s desi R agrees to furnish u g, budgets, audit the request ' HHS gnees and make copies or transcri p ions of such �ecords nnined necessary by HHS or the COUNTY. HHS, the forms approved b 'submit information and status reports required b H and forms reports HHS to enable The SPONSOR shall, upon orts required of HHS b HHS to evaluate said Y HS> the COUNTY SPONSOR on site. Such site visits ma. The SPONSO progress and to allow for com on and Florida Housing Finance Corporation. be scheduled orRunscheduled as erm. pletion orporation. monitor the C. CONFLICT OF rued by HHS INTEREST , The SPONSOR covenants that no responsibilities in connection with the Project, has an AW indirect, in the target Person who present) degree with the Y exercises any functions or g areas or any parcels therein any financial interest interest shall be erformance of this A ,which would conflict in an 'direct or interest on the employed b Bement and that no person having manner or y or subcontracted b Provided, part °f the SPONSOR or its em Y the SPONSOR, An g any conflict of ,however, that this Paragraph Ployees shall be disclosed conflict of unreasonably impede the statutory ph shall be interpreted in such a employment of and rY requirement that n writing to HHS area. part ation of low maximum Opportunity manner so as not to a p D. and very 1ow_income resen o the provided for PUBLIC ENTITY C project target CRIME provided in F.S. 287,133 b enterin furtherance hereof, the SPONSOR certifies that i consultants wl7o will perform g into this Agreement or maintained b p hereunder, t, its affiliates, suppliers performing any a work in immediate) y the State of Florida Department , have not been placed o he convc tea vendor and Y preceding the date hereoThis no of Management Services within the 36 This notice is required b st E DRUG -FREE WORKPL Y F.S. 287.133 3 months ACE RE UIREMENTS ()(a). The SPONSOR, as a condition of being workplaces in accordance with the Drug-Free g awarded HUD's rules at 24 CFR Part 24, subpart Work lace Actf of 1988 42 UIl provide dru _ p drug -free F � S.C. 70I) and with CERTIFICATION REGARDING LOBBYING The undersi ned ce i g rtifies, to the best of his or her knowledge and belief, that: OBO /SHIP Loan for M. Mackey Immokalee, FL Packet Page -2893- o- , V< <U 7/24/2012 Item 16.D.1 Ott; 4L l b FU; �zz� No SHIP /STATE appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any SHIP /STATE contract, the making of any SHIP /STATE , grant, the making of any SHIP /STATE loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any SHIP /STATE contract, grant, loan, or cooperative agreement. 2. If any funds other than SHIP /STATE appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this SHIP /STATE contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying ", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans; and cooperative Agreements) and that all SPONSORS shall certify and disclose accordingly. X. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XI. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of sixteen (16) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XII. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. OBO /SHIP Loan for M. Mackey Immokalee, I-- Packet Page - 2894 -.' 16 OR: 7/24/2012 Item 16.D.17. �h WITNESS our Hands and Seals on this -.Y day of 2007. tea. (SPONSOR SEAL) ATTEST: DWIGHT E. B�QGG '-CLERK �Ierk AjvJv n `f6ni and J Attorney ji NgEYQ� LEAD ERSHIP FOUNDATION BYLAWSON, EXECUTIVE DIRECTOR BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: Za�r JA S COLETTA, CHAIRMAN OBO /SHIP Loan for M. Mackey Immokalee, F` "- - „ 16 Packet Page - 2895 -' La 7/24/2012 Item 16.D.17. OR; 4276 PG: 3227 EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING DEVELOPMENT CORPORATION NEW CONSTRUCTION AT 402 SOUTH 3RD STREET I. THE SPONSOR AGREES TO: A. PROJECT SCOPE: The nonprofit is completing the second phase of a two phased project. This second phase is for the construction of a new affordable, "green" home to be built for the homeowner of 402 3`d Street, Immokalee, FL, and said home must remain affordable for twenty years (20), or the term of the SHIP assistance, whichever is longer. This unit will be occupied by the low - income, owner of the lot at 402 3`d Street, who currently resides in a FEMA trailer. The SPONSOR agrees to.complete the following: a. Property maintenance of the site until project completion b. Posting of visible signage at the work site identifying the funding source as mentioned in section VII part E. c. Submission of request for payment with supporting documentation for payment of services d. Shall obtain a minimum of three bids for all work by licensed contractors and provide HHS with a copy of contracts and any sub - contracts prior to commencement of activity. e. Project completion is defined as transfer of title to an eligible low - income homebuyer. f. Shall place "affordability" and "shared equity" restrictions on the project to ensure accessibility to future low - income homebuyers The SPONSOR will be responsible for providing supporting documentation for services when a request for payment is made to HHS. NOTE l: The SPONSOR shall submit its bid package and drawings /specifications to HHS and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SPONSOR shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be tracked to the proper funding sources. NOTE 3: The SPONSOR shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SPONSOR shall obtain HHS' approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SPONSOR shall obtain HHS' approval prior to executing any change orders to such contract. MOTE 4: The SPONSOR shall not request reimbursement from HHS for materials or equipment received and stored on the project site or elsewhere. The SPONSOR shall only request reimbursement for activities listed. OBO /SHIP Loan for M. Mackey Immokalee, FT ' ^ :)f 16 Packet Page -2896- j}}j{{�� 7/24/2012 Item 16.D.17. Participant Selection: 1. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). 2. The SPONSOR shall submit its forms /documents for income eligibility determination to. HHS and obtain a letter of approval prior to transferring title to the property. 3. The SPONSOR shall submit its bid and contracting process information to HHS. The SPONSOR further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SPONSOR's compliance with the above. B. BUDGET: Line Item: SHIP Funds Procurement, new construction and C.O of unit $70,000.00 Developer's fee /Project Delivery $ 7,000.00 TOTAL SHIP FUNDS $77,000.00 C. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in A (Project Scope) and B (Budget) above with contact information, if applicable. D. ASBESTOS REQUIREMENTS: The SPONSOR shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. (Not Applicable in this phase) C. DAVIS -BACON ACT: Not Applicable to this project. F. BONDING REQUIREMENTS: The SPONSOR shall comply with the requirements of OMB Circular A -102 (Uniform Administrative Requirement for Federal Grants to State and Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. G. CONSTRUCTION PAYMENT RETAINAGE• The SPONSOR shall apply a retainage of at least 5% on all construction draws which retainage shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SPONSOR agrees not to release such retainage until it has obtained approval from the County. H. FORMER PROJECTS: Failure to adequately maintain any former CDBG /HOME /SHIP funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG /HOME /SHIP funds. OBO /SHIP Loan for M. Mackey Immokalee, F' - .. )f 16 Packet Page -2897- 7/24/2012 Item 16.D.17. I. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Milestone Deadline Complete SHIP Loan documents Au st 2007 Procurement & Competitive Biddin Jul 2007 -Se t. 2007 Apply for Impact Fee Deferral Se tember 2007 Construction of green build home Final Inspection & CO 7 October, 2007 - March, 2008 May, 2008 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Human Services Department at which time the agreement has to be amended and submitted to BCC for approval. J. REPORTS: The SPONSOR shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is reimbursed with SHIP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports should be mainly in the form of a narrative. The progress reports shall be used as an additional basis for HHS' approval of invoices, etc. for reimbursement. K. PAYMENT SCHEDULE: Periodic payments are based upon milestones in I. Work Schedule: Complete competitive bidding/procurement process and secure contractor $20,000 Secure building permits and apply for impact fee deferral $20,000 Initiate construction of green, infill home $20,000 Balance of loan paid upon Final Inspection and Certificate of Occupancy TOTAL PROJECT COST 17 000 $77,000 OBO /SHIP Loan for M. Mackey Immokalee, f- - >f 16 Packet Page -2898- EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS REQUEST FOR PAYMENT SECTION 1: REQUEST FOR PAYMENT SPONSOR Name: One by One Leadership Foundation SPONSOR Address: 355 South Third Street, Immokalee FL 34143 Project Name: New Construction at 402 S. Third Street Project No: SHIP Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. 7/24/2012 Item 16.D.17. OR, 4276 PG; 3230 $ 77,000 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the SPONSOR. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Supervisor Dept Director Date (approval authority under $14,999) (approval required $15,000 and above) OBO /SHIP Loan for M. Mackey Immokalee, F' - . - f 16 Packet Page -2899- 1. 7/24/2012 Item 16.D. 1; . OR: 4276 PG; 3231 E- xLB_IT� SHIP 1VIONTHLY Complete form for PROGRESS REPORT month. Past month and submit to H °using & HIllnan Services staffby the IOtl' Status Report for Month of °ftl :e following Project Name — New r- _� Submittal Date: Project Number ''� J' third Street SPONSOR: — nnA �— Activity Number Contact Person Telephone: E -mail: Fax: 239 430 -2387 Activity Status /Milestones (describe an ac Y hon taken, relating to this project, during the past month): Z• What events /actions are scheduled for the next two months? 3. Describe an attach an any affirmative Marketing y recent media covers you have implemented coverage of your organization relating this g to this PCOject. Please list and project. 4• List any additional data relevant to the outcome measures Listed on the a 1• PP feation for this project, ,en tify any Potential issues that may cause delay, O80 SHIP Loan for M. Mackey Immokalee, F L g Packet Page -2900 - ' "9c14ot16 7/24/2012 Item 16.x.17 Un; g410 ru: JZJZ 6. New contracts executed this month (if applicable): Name of Contractor or Subcontractor, Address & Phone Number Amount of Contract Contractor Federal ID Number Race (see definitions on following page) Ethnicity (see definitions on following page) i. ror projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in box INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in box "2. " Of the households or persons assisted, are very low - income (31 -50 %) of the current Median Family Income (MFI). Enter this number in box "3. " Of these households or persons assisted, are low - income (51 -80 %) of the current Median Family Income (MFI). Enter this number in box "4. " NOTE: The total of boxes 2, 3 and 4 should equal the number in box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX s Total Number of Extremely Very Households or Persons Low Income Female Head of Assisted Low Income Low Income (5t.80 %) Household (0 -30 %) (31 -50 %) OBO /SHIP Loan for M. Mackey Immokalee, F- Packet Page - 2901 -f 16 oil t7/24/2012 Item 16.D.17. Sponsors must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: 1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 2. Black or African- American: A person having origins in any of the black racial groups of Africa. 3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Defmitions of Ethnicity: 1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries White Race # Total # Hispanic Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Oiher Pacific Islander American Indian/Alaska Native and White Asian and White Black/Afhcan American and White American Indian/Alaskan Native and Black/African American Other Multi - Racial TOTAL: The Participant Information Form is to be used in coin junction with the SHIP Annual Progress Report. The Participant Information Forms are to be completed annually, the same day each year. An occupant from each dwelling unit must complete the form for their household. _)nce this information is gathered, the SHIP Annual Progress Report can be completed and.forwarded to the SHIP office located at 3050 N. Horseshoe Drive, #110, Naples, FL 34104. OBO /SHIP Loan for M. Mackey Immokalee, I packet Page - 2902 -'f 16 COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT Fite No. 402 S 3RD ST Case No. Uniform Residential Appraisal Report The purpose of this summary appraisal report is to provide the lender /client with an accurate, and adequately supported, opinion of the market value of the subject property. Pr pna AdHr 402 S 3RD ST City IMMOKALEE Stare FL Zp Code 34142 Borrowe, MARY MACKEY Owner of Public Record MARY MACKEY County COLLIER. Legal Description S IMMOKALEE HGTS BLK 2 LOT 23 OR 695 PG 456 Assessor's Pnrrel k 74031520006 Tax Year 2011 RE. Taxes S 472.00 FL 341 Report data sources used offerings PriceW, and date(s). NA I did X did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was not erformed NA Contract Price $ NA Date of Contract Is the property seller the owner of public record? Yes No Data Source s fi Is there any financial assistance Moan charges, sale concessions, gift or downpayment assistance, etc,) to be paid by any party on behalf of the borrower? Yes X No " If Yes. report the total dollar amount and describe the items to be paid, NONE KIM— Duero —A +k. n ;, l M M+6 nninf.kn'k-4 ern nM — —i—I f N+ r NeighborhoodCharacteristics Location Urban Suburban X Rural One- UnitHousin Trends Property Values Increasin X Stable 7l One•UnitHousing PRICE AGE Present Land Use% One -Unit 82 % Built•U 0verM% X 25-75% Under25°/ Demand)Supply Shortage I I In Balance X OverSu $ 000 ) (yrs ) 2 -4 Unit 5 % gsm')Growth Rapid Stable X Slow Marketin Time Under3mths 3 -5mths X Over6mms 15 Low 2 Mufti-Family 10 Nei hborhoodBoundaries THE SUBJECT PROPERTY IS SOUTH OF MAIN STAND EAST OF 9TH STREET IN 150 High 50 Commercial 3 % . &THE CITY OF IMMOKALEE, 65 Fred. 15 1 Other % Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005 Produced by ClickFORMS Software 800 -622 -8727 Page 1 of 8 r COLLIER. COUNTY GOVERNMENT REAL PROPERTY MGT Fiie No. 402 S 3RD ST Case No. Uniform Residential Appraisal Repor Thorp aro rmmnnrnhip mm-d— ri irmntiv nffprprl fnr sale in the suhient neinhhnrhnnn ranninn in ndne frnm .i to $ NA There are comparable sales in the subject neiehbomooe within the oast twelve months rano na in saie price from to S NA. FEATURE SUBJECT COMPARABLE SALE #' COMPARABLE SALE 42 COMPARABLE SALE 3 C Adaress 402 S 3RD ST 3461 CARSON LAKE CIR 415 HABITAT CT 1113 MARJORIE ST IMMOKALEE, FL 34142 IMMOKALEE, FL 34142 IMMOKALEE, FL 34142 IMMOKALEE, FL 34142 Proximity to Subject WITHIN 2 114 MILES WITHIN 314 MILE WITHIN 2 MILES Sale Price $ NA $ 100.000 $ 80,000 $ 83.800 Sale Pnce/Gross Liv. Area $ 0.00 s . ft. 1 $ 88.50 sa. h. ! $ 71.43 s . ft. $ 84.82 s . ft. Data Sources PUBLIC REC I PUBLIC RECORDS ...............,__.- _......._i' PUBLIC RECORDS PUBLIC RECORDS Verification Source sl TX 74031520006 TAX ID 36312760002 TAX ID 51215000802 TX ID 53450200009 VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION Ad"ustment' DESCRIPTION SAdiustment DESCRIPTION Adustment Sale or Financing CASH CASH CASH Concessions NONE i NONE NONE Date of Sale/Time _ 11/0012011 1 410012011 5/0012011 Location _ IMMOKALEE CITY superior area -20,00 superior area -10,000 superior area 10.00 LeaseholdTeeSimple Fee Simple EQUAL EQUAL EQUAL Site 0.17 ACRE 0.20 ACRE 0.17 ACRE 0.27 ACRE -8,00 View RESIDENTIAL EQUAL EQUAL EQUAL Design (Style) RANCH EQUAL EQUAL EQUAL Quality of Construction BS- FRM -STUCC VINYL -FRM +5,00d SIMILAR SIMILAR Actual Age 3 Virs 8 yrs 23 yrs +5.00C 49 yrs +5,00 Condition AVERAGE AVERAGE AVERAGE AVERAGE Above Grade Total Bdrms1 Baths Total 1BdrmsJ Baths Total Bdrms Baths Total Bdnns Baths "W;, Room Count 4 1 2 1 1.00 5 1 3 1 1.00 5 3 1.00 5 3 1 1.00 Gross Livinq Area 750 so ft 1,130 sq ft. -20,OOC 1,120 s . ft. -20.00a 988 so. ft -10.00 Basement & Finished NA NA NA NA Rooms Below Grade NA NA NA NA Functional Utility 2 BED / 1 BA 2 -3 BED / 1 BA 2 -3 BED / 1 BA 2 -3 BED / 1 BA Heatino /Coolin FWA/Central FWA / CENTRAL FWA /CENTRAL FWA /CENTRAL Energy Efficient Items GREEN ENVIRO STANDARD +5,00 STANDARD +5,000 STANDARD +5.00 Garage/Carport None None None Carport +3,00 4,A Porch /Patio /Deck NONE None None None r .^ ; Net Ad'ustment Total X - $ - 30,000 + - - 20,000 X - -15,000 Adjusted Sale Price Net Adj: -30% Net Adj: -25% Net Adj: -18% of Comarables Gross Ad' : 50% j$ 70.000 Gross Adj: 50% $ 60,000 Gross Ad": 49% i$ 68.800 ,4 I X did did not research the sale or transfer history of the subject property and comparable sales. If not explain 5 YEAR SALEHISTORY BELOW r y My research X did did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal Datasource s PUBLIC RECORDS My research FX1 did 17 did not reveal any prior sales or transfers of the comparable sales for the year prior to the date of sale of the comparable sale. Datasource s PUBLIC RECORDS Report the results of the research and analysis of the prior sale ortransfer history of the subject Drooeriv and comparable sales re ort additional prior sales on page 3). ITEM SUBJECT COMPARABLE SALE #1 COMPARABLE SALE #2 0 MPARABLESALE #3 Date of PriorSalelTransfer 412008 Price of Prior Sale/Transfer 77,000 Data Sources PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECORDS PUBLIC RECOR"", Effective Date of Data Sources 512D12 O Analysis of prior sale or transfer history of the sub ect property and comparable sales THE ENTIRE SW FLORIDA REAL ESTATE MARKET WAS AFFECTED Ol IE REAL ESTATE MARKET CRASH. THE SUPPLY OUT PACED THE DEMAND THUS THE PRICES STARTED TO FALL AND THE EQUITY IN MOST c N IE IMPEOVED RESIDENTIAL PROPERTIES WAS TAKEN OUT AS THE REAL ESTATE MARKET HAD PEAKED. N t� ro a-+ N Summary of Sales Comparison Approach Comments and Conditions of Appraisal: The interest being appraised is fee simple, and the hiphest a. U st use of the parcel is considered improved. The 4 elements of H & B use are considered, and the sales approach is considered most realiab ro le appraisers decisions and scope of work are relevant to any characteristics applicable to extraordinarV assumptions or hypothetical conditlol. n. ie three approaches to value are considered, however, only the sales approach applies to the appraisal scope of the assignment. Final Reconciliation: All three approaches were considered in the valuation of this parcel. The sales approach method is given most weight. The value of the opinions and conclusions mav be affected due to later known or unknown adverse conditions that exist with the subject property. Indicated Value by Sales Comparison Approach $ 66.000 s ' Indicated Value by: Sales Comparison A oroach $ 66,000 Cost Approach if developed NA Income Approach if developed) NA THE THREE APPROACHES TO VALUE WERE CONSIDERED HOWEVER, ONLY THE SALES APPROACH APPLIES TO THE APPRAISAL SCOPE OF m WORK CONTAINED ON OTHER PAGES WITHIN THE APPRAISAL REPORT. �1. This appraisal is made X "as is," 17 subject to completion per plans and specifications on the basis of a hypothetical condition that the improvements have been completed, ❑ subject to the following repairs or alterations on the basis of a hypothetical condition that the repairs or alterations have been completed, or ❑ subject tothe followin re uired ins ection based on the eztraordinar assum tion that the condition ordeficiency does not require alteration or repair: j r Based on a complete visual inspection of the interior and exterior areas of the subject property, defined scope of work, statement of assumptions and limiting conditions, and appraiser's certification, my {our) opinion of the market value, as defined, of the real property that is the subject of th is report is $ 66.000 as of 6/5/2012 which is the date of ins ection and the effective date of this appraisal. Freddie Mac Form 70 March 2005 Fannie Mae Form 1604 March 2005 Produced by ClickFORMS Software 800 -622 -8727 Page 2 of 8 COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT File Nc, 402 S 3RD ST Case Nc. Iinifnrrn Rpciriranfia1 Annraisal Rennrt Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005 Produced by ClickFORMS Software 800 - 622 -8727 Page 3 of 8 t m' COMMENTS TO THE MARKET DATAr THE AVERAGE WAS TAKEN FROM THE ADJUSTED SALES PRICE OF $66.000 DOLLARS. THE SUBJECT PROPERTY IS 750 SF UNDER AIR WHICH IS SMALL FOR THIS MARKET AREA. THE SUBJECT PROPERTY IS BUILT WITH SOME FRIENDLY ENVIRONMENTAL PRODUCT .',:,! HOWEVER. THE MARKET DO NO RECOGNIZE THIS AS BEING A GREATER SELLING POINT. x" TAKING INTO CONSIDERATION THE AVERAGE SELLING PRICE FOR THE COMPARABLES WHICH IS $82.00 SF THE SUBJECT PROPERTY IS WITHIN r!i THE ACCEPTABLE RANGE OF $66.000 DOLLARS. rss WF z r COST APPROACH TO VALUE tnot required by Fannie Mae. Provide adecuate information for the lender /client to replicate your cost figures and calculations. Support for the opinion of site value (summary of com arable land sales or other methods for estimating site value ESTIMATED REPRODUCTION OR F7 REPLACEMENT COST NEW OPINION OF SITE VALUE - Source of cost data Dwelling 750 S . Ft. - Qual' ratino from cost service Effedive date of cost data Sc. Ft. =$ Comments on Cost A roach (gross living area calculations. depreciation, etc. Garage/Carport Sq. Ft. $ =$ Total Estimate of Cost -new =S r Ln Less Physical lFunctional I External 0 Ol De reciation =$ N De reciated Cost of Improvements = r N "As -is" Value of Site Improvements - tx0 r1 Estimated Remaining Economic Life HUD and VA only) Years Indicated Value By Cost A oroach =$ INCOME APPROACH TO VALUE (not required by Fannie Mae.) Y _ Estimated Monthly Market Rent S X Gross Multiplier =$ Indicated Value by Income Approach m Summary of Income Approach (including support for market rent and GRM CL "r PROJECT INFORMATION FOR PUDs (if ap�ircable� Is the develo r/builder in control of the Homeowners Association IHOAI? Yes No Unit t s Detached Attached Provide the followin information for PUDs ONLY if the developeribuilder is In control of the HOA and the subiect property is an attached dwelllno unit. Legal Name of Pro ect Total number of phases Total number of units Total number of units sold Total number of units rented Total number of units for sale Data source s Was the ro ed created by the conversion of existin buildin Is into a PUD? Yes No If Yes date of conversion. Does the project contain any multi - dwelling units? Yes No Data source. Are the units, common elements and recreation facilities com fete? Yes No if No describe the status of completion. Are the common elements leased to or by the Homeowner's Association? F7 Yes 7 No If Yes describe the rental terms and options Describe common elements and recreational facilities. Freddie Mac Form 70 March 2005 Fannie Mae Form 1004 March 2005 Produced by ClickFORMS Software 800 - 622 -8727 Page 3 of 8 COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT SUBJECT PHOTO ADDENDUM File No. 402 S 3RD ST Case Nc, Borrower MARY MACKEY Property Address 402 S 3RD ST Citv IMMOKALEE Counry COLLIER State FL Zip Code 34142 Lender/Cher', COLLIER COUNTY GOVERNMENT Address 3335 TAMIAMI TRAIL STE 101 NAPLES FL 34112 Produced by ClickFORMS Software 800- 622 -87 FRONT OF SUBJECT PROPERTY 402 S 3RD ST IMMOKALEE, FL 34142 REAR OF SUBJECT PROPERTY STREET SCENE Page 4 of 8 lD O 0) N Q) an ru d 4- v U d COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT File No. 402 S 3RD ST Borrower MARY MACKEY Case No. Property Address 402 S 3RD ST City IMMOKALEE County COLLIER State FL Zip Code 34142 Lender/Client COLLIER COUNTY GOVERNMENT Address 3335 TAMIAMI TRAIL STE 101 NAPLES FL 34112 r- O O> Produced by ClickFORMS Software 800- 622 -8727 Page 8 of 8 • EO NO COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT COMPARABLES 1 -2 -3 File No. 402 S 3RD ST Case No. Borrower MARY MACKEY Prooertv Addres> 402 S 3RD ST Cite IMMOKALEE County COLLIER State FL Zin Code 34142 LenderlCiien': COLLIER, COUNTY GOVERNMENT Aadress 3335 TAMIAMI TRAIL STE 101 NAPLES FL 34112 Produced by ClickFORMS Software 800 -622 -8727 COMPARABLE SALE # 1 3461 CARSON LAKE CIR IMMOKALEE, FL 34142 COMPARABLE SALE # 2 415 HABITAT CT IMMOKALEE, FL 34142 CO O Q1 N N CO COMPARABLE SALE # 3 a 1113 MARJORIE ST IMMOKALEE, FL 34142 m a Page 5 of 8 IMMOKALEE and Vicinity 0 Universa[MAP" 195 Pn .. C— —. — .. 10095 1-800-829-6277 —d -EE STREET INDEX F-2 HOPE CIR.. . ...... F,3 tSTHST. ... F.3 BOTANICAL OR .... .......... I F.3 ST" ST N' . .... .. 9.3 jSrH ST SE.,.,........ . - 0-1 BRAOL .. F, SREEZEYLA EWOODDR- f" El " ' Nj�� .... E-3 16TH ST . -0 8110 FA E,OWARG ST ...... ... E., F', 17M ST N ............. E,2 IIITHSIN .......... BUFFALO 0.2043 CAVFALOCT E-] F-4 YN TE E] I R N'. 3 11TH CTH ..... 0.3 CAMBRIDGE CT......... D.22 I UE' LATH ST N ........... TH TER N ......... 0.2 D•3 CAMELIAAV ........... .. C.1 CANO VA LA............ C•2 . D•1 " 0, : CT N ..— D. CARBON LAXEB M:. C.1 r•1 BY ... 63 ADA MSAV C•7 '2 CARSON RD ....... :�I rz 13 CARV ER ST........,... E� AGRI BLVD : :::::' C� INA AV E4 F•3 Fl AGRICULTURE D•3 : 0_5 ............. CHADWICK CIR G.S A R RC &Z ZAS ::F-3 ....... CHAPMAN LA _ G.S AV .............. ALACHUA p•3 .... CHARLOTTE E•2 .... -E•7 ST. ALAMODR.. — E•2 OKEECMDEE2 ST.....,. .3 E-I J ALEXANDER CHRISTIAN TER......... C-1 ORANGE FT.. , ...... CIR ........ .....0•! ALICE LA F� CHRISTIAN TER W...... 6.2 B-1 -1 G, C LIFTON RD.... LA FARM G-4 LAKE LA............... CLIFTON ST Im OMM" ............... DOAKAY F-2 HOPE CIR.. . ...... ... E4 MIR0AM TER.......,... m .... .......... E4 IMMOKALEE OR— ... C2 E2 MONROE CI . . ... D•l DUPREE RD _. . DURANGO .3 INDIAN CAMP RD ...... . D3 MONROEST ......q .. E-Z LA ..:: ::::: E DEN :.. G -5 NDIAN RIVER Sl ........ E.2 MYERS RD.......... -.•B-2 AV ....... EDISON LA .. .... 0.2 JACKSON ST ........... F-5 JEFFERSON AV.......... E•2 NANCY MOTtOW CT .... F•4 _, EGGPLANT LA...-...... 0• JEFFERSON BT........, PI NASSAU ST ....... F•1 NEW HARVEST RD...... E.2 F•3 EL PASO TR ............ DL2 JEROME DR ........ .3 MARK I RD D-2 DEPARTMENT. . .......... S E CAMBIA ST JONES ST ....:.......:...M FJ NNEW XONOP .:::::_IE E FRANK EUSTIS JumpsT ............... E-3 OAK ST................ ............. FETHEL :: F:' AV ............. EUSTISAVE 1, "I"'MIEE 91 .... ... — E•2 OKEECMDEE2 ST.....,. .3 E-I ............ FAHRNEY F4 XRlSTY LA ............. C-1 ORANGE FT.. , ...... C-2 E,3 ST .... .... FAITH E-4 XRYS7'L I ..... .... D-1 ORCHID AV... .......... 0.1 LA FARM G-4 LAKE LA............... A-Z ORCHID OR ............ Im WORKER WY, FAR- F• LAKE TRAFF0hD RD . ,.. 1•2 PALmAv ... D, WORKERS VILLAGE 1111"ll DR PALM ..............0.i AD . ....... FLAILEI F.5 LAUREL... .11 P IDGE DR E4 ST F E.1 LEAR AV ............... A.V.:::::::: F:l ..... 14 LOWER LA. F,l LEE ST ................ E3 PPALM PAP ATO ST. �: C-2 F ORRESTER AV FRIENDSHIP E-3 LE(DAV ............... D,2 PEACH ST . ............ C.1 FRIENDSHIP C•3 LEMON TREE DR........ 8.2 PEAR IT... c•z WY........ C.3 LENA FRANK DR........ F. ER RD I PEPP A -2 GARDEN LAKE CIR ...... D•3 LIGHTNER OR ....... .. 6-2 PERCH PL ,: �::::: �:::: 84 GAUNTST ....... ...... F4 UNCOLN AV......... -, -D -2 PHYLLIS LA.....,...... 61 GE MMER LA..........,. 8.1 LITTLE LEAGUE CT...... ELI PINE CT....... ....... ?-Z ROY WY .... IMMOAKLEE POINTS SANDERS 1I... NES16W:': SANITATION RD .... ..... C-2 E4 OF INTEREST SANTA AOSAAV 0.1 BETHUNE EDUCATION CEKYER—.. SCHOOLD . ........... SCHOOL Flj� . 4 COLLIER CO HEALTH : E 0 SEA..T :: :: :: .,,� � � . DEPTARTMENT ................ f 0) SEEDLING BLVD........ c.3 COMMUNITY CENTER A SEMNOLEST .......... 0-3 CHAMBER OF COMMERCE..... D SERENITY LA .......... C3 COUNTY PARK . . .... a SERENITY WY.......... C.3 COURTHOUSE & SHERIFFS SHERMANAV— STOCKADE D-2 DEPARTMENT. . .......... E . ID: ... 2K'S A 5 NIGHAHOS LS .... FE . , ': E SUMMER GLEN BLVD .... D-Z ==IALLIE COMMUNITY '2"'A TANGERINE ST . - .:., PARK ..,,O � 'l IMMOKALEE XS. TARA ST ...........E IMMOKALEE :::::V, TAYLOR NO............ B.2 LIBRARY ....... TAYLOR ST ............. u.3 IMMOKALEE M,S ...... _0 TAYLOR TER ........... THOMAS S•3 MIMOKALEE SPORTS COMPLEX ... F CL LA ........... TIP PINS T�::::::::�: Cj llOKALEl VOL FINE 11:22 DEPARTMENT T"USLA ., ............. 0 1, FORD IS, T" IRAFFOROAY,,. EE DN ....... LAKE IRAF KARI A- --&! LAKETRAFFDRDD • EasySketch II 7 Details; File: 74031620006.xm I OP 20 50 Area Summary: C. Oescrip:ioa 1 +.1 Base LSr:mq A=ae 0? 20 .+pen --:r¢h 245 Comments: Area Adj. rasa 750 T5a 150 }p Peo In Page 1 of 1 d O cn N 0J qA m d aJ V IMP __ .E �f \\ \ -/$ ] . ( }` / / \ / zz; � /2 ¥ \\ not alp � ■| \ � } : /�k {\ �\ :_! ° � _[ REX ` � \� � � ( § \ ® /E(k \{ [�� // �` \ ; , })� /� . / /m ro 0- One by One Leadership 2.5 Option - An EPS foam board insulating panel extending 16 -24 inches below grade shall be installed arounc the perimeter of the foundation slab ( confer with Proiect Rianager for details) 2.6 Concrete shall be protected against adverse effects of envirorunental impacts ( sun, rain, etc) MATERIALS LABOR TOTAL Section3. Wall Systern/Forms 3.1 The walls shall be constructed of waffle grid insulating concrete forms (ICF) filled with 2500- 3000 psi concrete with a slump of 6. Wall system forms (Reddi -Wall or equivalent) shall be installed per Collier County/Florida Building Code and manufacturers instructions. 3.2.1 The composite wall structural and performance characteristics shall meet or exceed the following: ICF wall shall be of the "Waffle Grid" design • ICF forms shall possess both horizontal and vertical water drain channels to prevent accumulation of water during installation and pour • ICF forms shall have attachments for siding, drywall or other appliances which provide a fastener pullout strength of at least 500 psi • ICF forms shall be designed to meet all bearing load requirements while minimizing the volume of concrete required to fill the cavity of the forms. • ICF forms must allow for at least an 8 ft pour /lift without potential for form blow -out if installed per manufacturers specifications • ICF forms /wall system must meet or exceed ASTM wind load test • ICF forms /wall system must meet or exceed ASTM bearing load test • ICF forms /wall system must meet or exceed ASTM lateral displacement test • ICF forms /wall system must meet or exceed ASTM flame spread test • ICF forms must be manufactured to meet or comply with ISO 9002 standards • ICF forms shall be manufactured with a maximum amount of recycled EPS • ICF forms shall be manufactured with an effective pesticidal component to resist pest penetration 3.2.2 ICF Pour Requirements Concrete shall be introduced into interior form space in no more than two lifts or pours — and will include the required vertical and horizontal reinforcements per specifications, manufacturers instructions and Collier County /Florida Building Code. 3.2.3 Top Plate Top plate will consist of a 2x 10 inch PT anchored with through bars /lag bolts per instructions and the required amount of hurricane strapping or other approved tie downs. SH 07 -01 Bid Package Ver. 012508 N r-I 01 N v ao m a v U Cl- One by One Leadership MATERIALS LABOR TOTAL Se'tion4. Roof System 4.1 Roof Trusses Shall be designed / engineered by a licensed engineer /firm and, as supplied shall be fixed to top plate using Simpson Ties® or approve equivalent on each truss per building plans as approved. Trusses shall have adequate bracing to provide structural integrity and provide the framework for the roof decking. 4.2 Roof Decking /Covering Shall be a minimum 0.5 inch CDX fixed to the trusses using construction adhesive on each truss and I OD nails every 6 inches on edge and every 12 inches in the panel interior. Decking shall be covered with 30# felt roofing paper and `D' style drip edge installed per manufacturers instructions. Architectural or 3 -Tab 240# shingles shall be installed per manufacturers instructions. Adequate roof/ridge ventilation as well as ventilated soffits shall be installed using vinyl or aluminum per manufacturers instructions. MATERIALS LABOR TOTAL Section 5 Exterior Walls Finish Cementitious / modified acrylic vinyl or equivalent stucco product shall be installed which is compatible with expanded polystyrene (EPS) IC F wall system. MATERIALS LABOR TOTAL Section 6 Exterior Windows /Doors 6.1 Windows Aluminum or Vinyl Clad Single Hung Windows (Security Impact Glass — 6 -7 total See prints for sizes). Remove, package and dispose of all window packaging. Field measure and install/ neatly fit white, single hung, one - over -one, single glazed, security, Lo -E glass, enameled aluminum or vinyl clad windows — to be air /water tight. Include all necessary panning, caulk, trim and removable screen. Include finishing of interior and exterior wall surfaces. SH 07 -01 Sid Package Ver. 012508 M e--I 0) N i a� tin ca a t v Y U a One by One Leadership MATERIALS LABOR TOTAL 6.2 Front Exterior Entry Door Install front entry door. Doors shall be 1 -3/4" thick steel clad ( or equivalent) insulated, single (or more) light to fit existing openings. Include keyed entry lock, weather -strip, door stop or safety chain as applicable, 1 -1/2" pair hinges, and single cylinder dead bolt keyed alike, threshold, and security peeps." Only Front door will have insulated glass (sunburst or diamond design). Primed ready for Paint with all trim and fitment which are air and water tight. Ensure exposed wood and fasteners are Protected from the elements. MATERIALS LABOR TOTAL Section 7 Interior Walls /Ceilings Interior Surfaces Interior surfaces of the perimeter ICG walls shall be furred out (.or use ICF wall mounting fixtures in form) and drywall affixed Interior partition walls shall be constructed of wood or metal studs /plates etc and fixed per Building Code requirements. Wall surfaces shall be covered with Y inch drywall. Mold and moisture resistant dry wall shall be used in all bathrooms and on kitchen walls surrounding sink. Wall finish shall be knock -down texture. MATERIALS LABOR TOTAL Section 8 Electrical Install all electrical service per Plans using approved materials and installed per Building Code requirements by licensed electrician or supervised by same. MATERIALS LABOR TOTAL Section 9 HVAC Install new combination air conditioning/heating system with condensing unit, air handler and associated duct work with a minimum SEER rating of 13 and of a size /capacity appropriate for the size and target insulation value for home — ICF wall system and R 30 -38 min ceiling insulation may allow smaller A/C Heater unit than conventional insulated block or frame construction. Prior to installation SH 07 -01 Bid Package Ver. 012508 4 rn CLO N a M Cl- 2, a� Y U M CL One by One Leadership HVAC /energy calculations will be reviewed with Project Sponsor and GC. Plumber and HVAC contractor shall meet with GC' and Project Sponso- during framing phase to discuss rough installation and layout considerations to insure compatibility of both systems. MATERIALS LABOR TOTAL Section 10 Insulation Attic / Cellulose Fiber (Blown in or Poured) Insulation (approx 750 sq.ft.): Install loose cellulose fibers treated to be non - combustible, fire resistant, rot resistance, and dimensionally stable (non - settling or shrinking). - OR - faced fiberglass bat insulation (vapor barrier down) . Minimum Fire hazard classification: Flame spread 20, fuel contributed 10, and smoke developed 25. Minimum R Value 30 ( quote R38 also) MATERIALS LABOR TOTAL Section 11 Kitchen Elements 11.1 Wails Kitchen walls shall be faced with moisture resistant drywall such as DensArmor© or equivalent 11.2 Cabinets /Counters Kitchen Cabinets / Counter/ Sink and faucet: Cabinets and countertops shall be field measured for size after room finish materials are applied to assure correct fit. Install as shown on print - base and wall cabinets, counter tops, backsplash, faucet sink and set( either separate faucets for hot /cold or single center faucet). Include over sink/ fridge cabinets. Install cabinets with doors including all hardware. Drawers shall be made of wood or composition materiaI.' Field measure and screw to base cabinets a post formed, plastic laminate counter top. Counter tops should be nominal 25" in width with a 4" backsplash or "curve mica a top" style. Install a approx. 33 "x22 "x7(or 8 ") or equivalent double bowl, stainless steel, self- rimming kitchen sink, sealed and caulked. Install all new, metal body faucet with a 15 -year drip -free warranty, trap, supply lines, and shut -off valves. All hardware will have 3/8" supply lines, aerator and 1" O.D. tailpiece. Installation shall comply with FBC. Metal, not plastic, shut -offs will be supplied on all supply lines to sink. Ensure all gaps at seams, edges, joints are sealed / caulked to provide a finished look. Ensure owner acknowledges flat or raised panel style of doors and types /finish of knobs. MATERIALS LABOR TOTAL rn N SH 07 -01 Bid Package 41 '= ro ca V er. 012508 CL v Y U M CL One by On- ,Leadership Appliances Install ENERGY STARCH rated appliances whenever possible. All units must be installed new and comply with energy ratings in the upper third of the market as identified on the yellow "ENERGYGUIDE" labels as "Most Efficient Model' or "Model Using Less Energy," and meet efficiency codes for building construction per Chapter 13 of the Florida Building Code (FBC). No stainless steel appliances allowed. White only. Electric Range: Install new electric range. New range shall be 30" free standing, with clock, 1 -hour timer and be self - cleaning. Includes appliance pigtail plug. Includes all manufacture models with a mid -range price. No flat top models allowed. MATERIALS LABOR TOTAL Refrigerator: Install new refrigerator with new minimum 16.0 cubic square foot, frost free unit with 2 doors, with separate freezer compartment. If there is no water line in place icemaker /water unit is not to be installed. MATERIALS LABOR TOTAL Range Hood: Depending on application: install a new ducted or ductless range hood. Include electrical connections. Includes electrical connection and ductwork (if required). Mid -grade unit with light and 2 -speed fan. MATERIALS LABOR TOTAL Microwave: (Option) Quote over- the -range microwave ( 700watt min) White MATERIALS LABOR TOTAL Laundry: Washer /Dryer Install new Energy StarQ rated, combination WASHER/dryer top loaded, 2.0 cf capacity, with temperature selection, variable water levels, fabric softener and bleach dispenser, 3 -5 wash spin rn combinations, color white model. Installation includes install of new power cord and drain hose. `V SH 07 -01 Bid Package a) on Ver. 012508 M a 4- a� U M CL QUALIFICATIONS OFAPPRAISER GENERAL 1AT ORAMTJ0J Roosevelt Leonard Collier County Government Building i' 3335 Tani ian?i Trail E Ste 101 Naples, FL 34112 EDUCATION AND SPECIAL TRAINING Graduate, Detroit Business Institute, (majors in Business Management and Finance) Appraisal Institute Course Work: Apartment Appraisal (Course 330) National Uniform Standards of Professional Appraisal Practice Update Basic Income Capitalization (Course 310) Highest and Best Use and Market Analysis (Course 520) Advance Sales Comparison & Cost Approach (Course 530) Litigation Appraising Seminar (2 days) 13 years of continuing appraisal education FHA Appraisal Training Business Practices and Ethics Florida Law for Real Estate Appraisers IRWA Courses Principles of Land Acquisition Course 100 Bargaining Negotiations Course 205 Negotiating with Diverse Clientele Course 209 Appraisal of Partial Acquisitions Course 401 Understanding Environmental Contamination Course 603 Legal Aspects of Easements Course 802 U.S. Land Titles Course 801 Full Eminent Domain Course 803 SR/WA Certification Course LICENSES Certified Florida Appraiser — State of Florida RD 3287, Certified Michigan Appraiser — license lapsed License Realtor — license lapsed PROFESSIONAL EXPERIENCE Associate Member of the Appraisal Institute Member of International Right of Way Association EXPERT WITNESS QUALIFICATIONS Qualified as expert witness in Lee County Qualified as expert witness in Collier County rn N 41 t10 ro CL t CU Y V M d TYPES OF PROPERTY APPRAISED Singie Family Residences Office Buildings Shopping Centers, Specialty Centers and Store Buildings Hotels and Motels Condominium & Rental Apartment Buildings Multi- Family Rental Apartment Feasibility Analysis Commercial Properties Warehouses and Light Industrial Buildings Showrooms and Dealerships Mixed Use Projects Mobile Home Parks Recreational Facilities, Bowling Centers Vacant and Developed Land Environmentally Sensitive Lands Rights of Way Airports and Avigation Easements Fire Stations Conservation Collier Vacant Lands Marina's and Docks Utility Easements and Partial Takings Well Sites and Master pump Stations Churches Collier County School Board FHA Properties Reservoir, Canal, and Drainage Easements 00 rn N N nD t� a a� U (o CL COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT File No. 402 S 3RD ST DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest, (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions" granted by anyone associated with the sale. "Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraisers judgment. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it. The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid if they are so used. 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazard wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering ortesting that might be required to discoverwhether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to be reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such Items that were furnished by other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. . 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent before the lender /client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United States or any state or the District of Columbia; except that the lender /client may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval must also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 (6 -93) Produced by ClickFORMS Software 800 -622 -8727 Fannie Mae Form 10046 (6-93) Page 6 of 8 n 1 n V y aA m L 01 Y U 70 i COLLIER COUNTY GOVERNMENT REAL PROPERTY MGT File Nc 402 S 3RD ST 'ase Nc APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: ',. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and /or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in the subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and /or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. 1 acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood section of this report, unless I have otherwise stated in the reconciliation section. 8. 1 have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. If I relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthorized change is made to the appraisal report, I will take no responsibility for it. SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraiser report, he or she certifies and agrees that: I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 402 S 3RD ST. IMMOKALEE, FL 34142 APPRAISER: Signature: Name: ROOSEVELT LEONARD Date Signed: 6/07/2012 State Certification #: or State License #: RD 3287 State: Expiration Date of Certification or License: 11/30/12 SUPERVISORY APPRAISER (only if required) Signature Name: Date Signed: State Certification #: or State License #: State: Expiration Date of Certification or License ❑ Did ❑ Did Not Inspect Property Freddie Mac Form 439 6.93 Produced by ClickFORMS Software 800 -622 -8727 Fannie Mae Form 10046 6.93 Page 7 of 8 O N Ql N Q) W ro CL v Y U rp a 7/24/2012 Item 16.D.17. Prepared by Collier County Iiousing, Human & Veteran Services 3339 E. Tamiami Trail Naples, FL 34112 THIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 34112, the owner(s) and holder(s) of a certain Mortgage executed by Mary Mackey to COLLIER COUNTY, bearing the date of June 14, 2006, recorded on July 26, 2006 in Official Records Book 4078 Page 2246, of the Public Records of Collier County, Florida, securing a principal sum of $5,500 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: Legal Description: Lot 23, Block 2, South Immokalee Heights, a subdivision located at Immokalee, Collier County, according to the plat thereof in Plat Book 3, Page 29 of the Public Records of Collier County, Florida (402 3'd Street South, Immokalee, Florida 34142 Folio# 74031520006) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. Dated this day of , 2012. ATTEST: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approved as to form and legal sufficiency: Jennif* B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN Packet Page -2921- Prepared hy: Collier County Housing, Hurnan & Veteran Services 3339 E. Tamiami Trail Naples, FL 34112 SATISFACTION OF MORTGAGE 7/24/2012 Item 16.D.17. THIS SPACE FOR RECORDING KNOW ALL MEN BY THESE PRESENTS: That COLLIER COUNTY, whose post office address is 3299 E TAMIAMI TRAIL, NAPLES, FLORIDA 341.12, the owner(s) and holder(s) of a certain Mortgage executed by Mary Mackey to COLLIER COUNTY, bearing the date of April 7, 2008, recorded on April 21, 2008 in Official Records Book 4351, Page 3892, of the Public Records of Collier County, Florida, securing a principal sum of $77,000 and certain promises and obligations set forth in said Mortgage, upon the property situated in said State and County described as follows, to wit: Legal Description: Lot 23, Block 2, South Immokalee Heights, according to the plat thereof, in Plat Book 3, Page 29 of the Public Records of Collier County, Florida (402 3rd Street South, Immokalee, Florida 34142 Folio# 74031520006) COLLIER COUNTY hereby acknowledges full payment and satisfaction of said Mortgage, and surrenders the same as cancelled, and hereby directs the Clerk of said Circuit Court to cancel the same of record. Dated this day of . , 2012. 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 legal sufficiency: Jennifer B. White Assistant County Attorney Packet Page -2922- PATRICK. C. WEBER, P.A. COLLIER COUNTY PUBLIC GUARDIAN CHARLOTTE COUNTY PUBLIC GUARDIAN 4670 CARDINAL WAY SUITE 301 NAPLES, FLORIDA 34112 -6665 TELEPHONE: (239) 417 -1040 July 13, 2012 Jennifer B. White, Esquire Assistant County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 RE: Mary Grace Mackey Dear Ms. White: 7/24/2012 Item 16.D.17. TELECOPIER: (239) 417 -1042 CollierCountypg @aol.com As the Collier County Public Guardian and court appointed guardian of Mary Mackey, I am writing to you to tell you that I had reviewed the executive summary with respect to the proposal that you are making to the Board of County Commissioners regarding the previous residence of Mary Mackey. As you are aware, Mary Mackey is financially indigent and qualified for the services of the Collier County Public Guardian. Due to her decline in health she qualified for and was placed in a skilled nursing facility. Due to this decline in health there is no anticipation that she could ever return home for independent living. Based on all factors, I agree that this residential property should be transferred to Collier County in order to assist in satisfying the outstanding loan that Mary Mackey received on the property in approximately 2006. In support of this consideration, I petitioned the Circuit Court in and for Collier County, Florida for authority to transfer this property to Collier County to satisfy this outstanding obligation. The Circuit Court agreed with the proposal and executed an order which allows us to do this transfer. I am willing and able to sign any further documents that the County needs in order to complete this transfer. If can be of any further assistance, please do not hesitate to contact me. PCW:lc Encl. as stated Very truly Patrick C. Weber Public Guardian Packet Page -2923-