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Agenda 01/23/2024 Item #16D 6 (State Housing Initiatives Partnership Program)01/23/2024 EXECUTIVE SUMMARY Recommendation to approve and authorize the submittal of three (3) Electronic Lien and Title Satisfactions with the State of Florida Department of Highway Safety and Motor Vehicles for the State Housing Initiatives Partnership Demolition and Replacement of Manufactured Home program (SHIP Grant Fund 1053). OBJECTIVE: To support the affordability of housing in Collier County through the State Housing Initiatives Partnership demolition and replacement of manufactured home program. CONSIDERATIONS: The State Housing Initiatives Partnership Program (SHIP), a state affordable housing program, provides assistance for the demolition and/or replacement of manufactured/mobile housing. This strategy is used in lieu of rehabilitation when the home is deteriorated to the extent that repair is unfeasible due to unreasonable costs or extensive structural issues. The goal is to encourage revitalization and increase the supply of safe, decent, and sanitary housing. As a condition of the award, the homeowner must execute a mortgage, promissory note in favor of Collier County. If the homeowner does not own the land (real estate) a mortgage cannot be recorded. In addition, according to an Information Advisory from the Florida Department of Highway Safety and Motor Vehicles (DHSMV), House Bill #1223 requires all individuals and businesses that finance vehicles, vessels, or manufactured homes to be titled in Florida, must be electronically connected with DHSMV in order to perfect liens and receive titles. At t his time Collier County Board of County Commissioners (Board) is listed as a lienholder for numerous manufactured homes. All of these manufactured homes currently are secured with a title lien at the DHSMV. According to the terms of the SHIP program, the homeowner must repay the assistance provided upon sale, refinance, or loss of homestead exemption before the 15-year affordability term. The following table provides details regarding three (3) homeowners who have paid off their mortgage/loan in full. On September 26, 2023, Agenda Item #16.D5, the Board approved two (2) homeowner Satisfactions of Mortgage. On September 11, 2023, the third homeowner paid off his loan secured with a promissory note in favor of Collier County. Since he did not own the land, a mortgage was not recorded. As such, the lien satisfaction on the manufactured housing unit is required. File # Name Reason for Payoff Vehicle Identification Number Title Number Satisfaction of Mortgage 17-003-MH Lisa L. Marteeny Sold Home WHC023607GAA/ WHC023607GAB 133679537 133679632 OR6293/PG3148 17-007-MH Deana Putnam Sold Home N114682A/ N114682B 135281691 135281755 OR6293/PG3149 17-011-MH Henry C. Delie Sold Home WHC024400GA/ WHC024400GB 132410436 132410642 Mobile Home Park - The client didn’t own the land-No Mortgage was recorded in Public Records On July 10, 2018, Agenda Item #16.D.9, the Board approved the use of Dealer Support Services Inc., an online Electronic Lien and Title (ELT) system to properly place a lien on the manufactured home titles at the DHSMV. This same online ELT system is required to release a lien satisfaction. A payment of $10 is required to satisfy the lien for the six (6) Title Numbers in the above table, as each unit carries two (2) titles. In addition, a minimum of $350 is required to be deposited into the ELT account to satisfy the lien for the three (3) 16.D.6 Packet Pg. 695 01/23/2024 subject manufactured homes and the account balance will be available for future lien satisfactions as the loans are paid in full and released with Board’s approval. FISCAL IMPACT: The $350 title lien satisfaction fee will be paid by Collier County from SHIP Grant Fund (1053), Project 33807. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To approve and authorize the submittal of three (3) Electronic Lien and Title Satisfactions with the State of Florida Department of Highway Safety and Motor Vehicles for the State Housing Initiatives Partnership Demolition and Replacement of Manufactured Home program. Prepared By: Lisa N. Carr, Grants Coordinator II, Community and Human Services Division ATTACHMENT(S) 1. Lisa Marteeny_Satisfaction of Mortgage (PDF) 2. Deana Putnam_Satisfaction of Mortgage (PDF) 3. Henry Delie_Lien Payoff $50k_Redacted (PDF) 16.D.6 Packet Pg. 696 01/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Doc ID: 27572 Item Summary: Recommendation to approve and authorize the submittal of three (3) Electronic Lien and Title Satisfactions with the State of Florida Department of Highway Safety and Motor Vehicles for the State Housing Initiatives Partnership Demolition and Replacement of Manufactured Home program (SHIP Grant Fund 1053). Meeting Date: 01/23/2024 Prepared by: Title: Grants Coordinator – Community & Human Services Name: Lisa Carr 12/19/2023 3:35 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 12/19/2023 3:35 PM Approved By: Review: Community & Human Services Donald Luciano Additional Reviewer Completed 12/21/2023 12:38 PM Public Services Department Vanessa Collier Additional Reviewer Completed 12/21/2023 4:45 PM Operations & Veteran Services Jeff Weir OVS Director Review Completed 12/27/2023 1:32 PM Community & Human Services Kristi Sonntag CHS Review Completed 01/02/2024 4:26 PM Public Services Department Todd Henry Level 1 Department Review Completed 01/03/2024 9:28 AM Grants Erica Robinson Level 2 Grants Review Completed 01/05/2024 3:50 PM Public Services Department Tanya Williams PSD Department Head Review Completed 01/12/2024 8:36 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/16/2024 10:33 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/16/2024 10:43 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/16/2024 11:09 AM Grants Therese Stanley Additional Reviewer Completed 01/16/2024 6:11 PM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 01/17/2024 8:44 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/17/2024 11:53 AM Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM 16.D.6 Packet Pg. 697 16.D.6.a Packet Pg. 698 Attachment: Lisa Marteeny_Satisfaction of Mortgage (27572 : SHIP ELT Release) 16.D.6.b Packet Pg. 699 Attachment: Deana Putnam_Satisfaction of Mortgage (27572 : SHIP ELT Release) 16.D.6.cPacket Pg. 700Attachment: Henry Delie_Lien Payoff $50k_Redacted (27572 : SHIP ELT Release) 16.D.6.cPacket Pg. 701Attachment: Henry Delie_Lien Payoff $50k_Redacted (27572 : SHIP ELT Release) 16.D.6.cPacket Pg. 702Attachment: Henry Delie_Lien Payoff $50k_Redacted (27572 : SHIP ELT Release) 16.D.6.c Packet Pg. 703 Attachment: Henry Delie_Lien Payoff $50k_Redacted (27572 : SHIP ELT Release) 16.D.6.cPacket Pg. 704Attachment: Henry Delie_Lien Payoff $50k_Redacted (27572 : SHIP ELT Release) 01/23/2024 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign one (1) mortgage satisfaction following full principal payment of $320,000 and waive any unpaid interest owed. OBJECTIVE: To continue to promote housing that is affordable throughout Collier County. CONSIDERATIONS: The Board of County Commissioners (Board) approved Ord. No. 05-63, the Cirrus Pointe PUD, on November 15, 2005, as an affordable housing project. On November 2, 2006, Cirrus Pointe’s developer Cirrus Pointe Partners, LLC (“Cirrus Pointe”), borrowed $320,000 (with interest provisions) from grant subrecipient Housing Development Corporation of SW Florida, Inc. f/k/a Collier County Housing Development Corporation (“Housing Development Corporation”) through a County public-private partnership grant using US Department of Housing and Urban Development (HUD), HOME grant funds. Cirrus Pointe was never developed. Facing federal grant sanctions, the County sued the Housing Development Corporation (Board Agenda Dated November 9, 2010, Item No. 16.K.2) for breach of the subrecipient grant agreement, and as a settlement, the Housing Development Corporation assigned its Cirrus Pointe loan to the County. Further, the County agreed to a HOME allocation reduction with HUD in lieu of paying back the $320,000. Three (3) years later, Cirrus Pointe attempted a rezoning to convert affordable housing to market -rate housing and was heard by the Collier County Planning Commission on December 19, 2013. However, before the Board heard the petition, the Clerk raised issues with the outstanding $320,000 loan. Consequently, the Board would not consider the rezoning petition until the loan was repaid. The rezoning amendments were withdrawn by the applicant in July 2017. Cirrus Pointe then sold the property to KHD Development General Partnership (“KHD Development”) on April 16, 2018. On September 8, 2020, Richard D. Yovanovich, Esq. presented a public petition on behalf of KHD Development (successor in interest to Cirrus Pointe) to the Board reque sting that the Board allow the rezoning process to occur with the caveat that, as a condition of the rezoning, the applicant would pay back the $320,000 loan. On March 9, 2021, the Board approved Agenda Item #17.D, amending Ord. No. 05-63, as amended, Camden Landings RPUD (f/k/a Cirrus Pointe RPUD) (PL20190001364, adopted as Ord. No. 21 -13), with the following condition that $320,000 be repaid: KHD Development paid the $320,000 on May 18, 2021. On December 14, 2021, Agenda Item #16.D.15, the Board recognized the principal repayment within the Collier County Housing Trust Fund (1077). The re -payment did not include the interest owed pursuant to the original 2006 loan; however, the interest was never requested nor formally contemplated during the Board’s discussions with the applicant during the rezoning process. Per the original 2006 loan documents, the total amount of interest due from November 2, 2006 through December 31, 2010 at 5% is $66,586.30, and from December 31, 2010 through May 18, 2021, at 18% is $597,777.53, for a total of $664,363.83. 16.D.7 Packet Pg. 705 01/23/2024 The following table provides details regarding the associated principal mortgage amount of $320,000 which has been repaid in full and was recognized by the Board on December 14, 2021. As such, the property owner is requesting a satisfaction of mortgage. Lien Document Name Public Record Mortgage Amount Payoff Amount 1. Second Mortgage and Security Agreement dated November 2, 2006 2. Affidavit of Lost Assignment of Promissory Note and Second Mortgage and Security Agreement dated May 2, 2013 OR 4137 / PG 0159 OR 4914 / PG 3275 $320,000 $320,000 Total $320,000 $320,000 Mortgage satisfaction documents were not presented, nor requested by the applicant, during the rezoning process or the Board’s realization of the funds. KHD Development realized a title issue recently and requested that the original 2006 loan be formally satisfied through the County’s standard process of recording a satisfaction of mortgage. Staff believes that it was the Board’s intent to forgive the entire loan (principal and interest) at its March 9, 2021 meeting and settle the matter for the repayment of $320,000; and therefore is recommending approval of the mortgage satisfaction. Approval of this item will authorize the Chairman to sign the mortgage satisfaction and the executed document shall be recorded in the Public Records of Collier County, Florida. FISCAL IMPACT: The Fiscal impact associated with this action is the recording fee of $10 that will be paid from Affordable Housing Trust Fund (1077), Project Number 50137. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To approve and authorize the Chairman to sign one (1) mortgage satisfaction following the full principal payment of $320,000 and waive any unpaid interest owed. Prepared By: Lisa N. Carr, Grants Coordinator II, Community & Human Services Division ATTACHMENT(S) 1. Proof of Payment_SAP document (PDF) 2. AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (PDF) 3. SECOND MORTGAGE & SECURITY AGREEMENT (PDF) 4. Satisfaction of Mortgage - 122123 (PDF) 16.D.7 Packet Pg. 706 01/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.7 Doc ID: 27573 Item Summary: Recommendation to approve and authorize the Chairman to sign one (1) mortgage satisfaction following full principal payment of $320,000 and waive any unpaid interest owed. Meeting Date: 01/23/2024 Prepared by: Title: Grants Coordinator – Community & Human Services Name: Lisa Carr 12/19/2023 4:25 PM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 12/19/2023 4:25 PM Approved By: Review: Community & Human Services Donald Luciano Additional Reviewer Completed 12/21/2023 12:44 PM Public Services Department Vanessa Collier Additional Reviewer Completed 12/21/2023 4:46 PM Operations & Veteran Services Jeff Weir OVS Director Review Completed 12/27/2023 1:12 PM Community & Human Services Kristi Sonntag CHS Review Completed 01/02/2024 4:23 PM Public Services Department Todd Henry Level 1 Department Review Completed 01/03/2024 10:26 AM Grants Erica Robinson Level 2 Grants Review Completed 01/09/2024 3:50 PM Public Services Department Tanya Williams PSD Department Head Review Completed 01/12/2024 8:37 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/12/2024 11:56 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/12/2024 1:01 PM Grants Therese Stanley Additional Reviewer Completed 01/12/2024 1:24 PM Community & Human Services Maggie Lopez Additional Reviewer Completed 01/12/2024 1:56 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/12/2024 2:27 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 01/17/2024 9:04 AM Board of County Commissioners Geoffrey Willig Meeting Pending 01/23/2024 9:00 AM 16.D.7 Packet Pg. 707 16.D.7.a Packet Pg. 708 Attachment: Proof of Payment_SAP document (27573 : KDH Development Corp. SOM) 16.D.7.a Packet Pg. 709 Attachment: Proof of Payment_SAP document (27573 : KDH Development Corp. SOM) 16.D.7.b Packet Pg. 710 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 711 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 712 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 713 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 714 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 715 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 716 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 717 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 718 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 719 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 720 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 721 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 722 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 723 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 724 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 725 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 726 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 727 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 728 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 729 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.b Packet Pg. 730 Attachment: AFFIDAVIT OF LOST ASSIGNMENT OF PROMISSORY NOTE & SECOND MORTAGE & SECURITY AGREEMENT (27573 : KDH 16.D.7.c Packet Pg. 731 Attachment: SECOND MORTGAGE & SECURITY AGREEMENT (27573 : KDH Development Corp. SOM) 16.D.7.c Packet Pg. 732 Attachment: SECOND MORTGAGE & SECURITY AGREEMENT (27573 : KDH Development Corp. SOM) 16.D.7.c Packet Pg. 733 Attachment: SECOND MORTGAGE & SECURITY AGREEMENT (27573 : KDH Development Corp. SOM) 16.D.7.c Packet Pg. 734 Attachment: SECOND MORTGAGE & SECURITY AGREEMENT (27573 : KDH Development Corp. SOM) 16.D.7.c Packet Pg. 735 Attachment: SECOND MORTGAGE & SECURITY AGREEMENT (27573 : KDH Development Corp. SOM) 16.D.7.c Packet Pg. 736 Attachment: SECOND MORTGAGE & SECURITY AGREEMENT (27573 : KDH Development Corp. SOM) 16.D.7.c Packet Pg. 737 Attachment: SECOND MORTGAGE & SECURITY AGREEMENT (27573 : KDH Development Corp. SOM) 16.D.7.c Packet Pg. 738 Attachment: SECOND MORTGAGE & SECURITY AGREEMENT (27573 : KDH Development Corp. SOM) Prepared by: l-isa N. Can Collicr County- Community and Human Services 1339 E. TamiamiTrail, Bldg. Il. Stc 2ll Naples. F'L 341 l2 l'HIS SPACE FOR RECORDING SATISFACTION OF MORTGAGE KNOW ALL MEN BY TUESE PRESENTS: That COLLIER COUNTY, whose post oflice address is c/o County Attomey's Office,3299 E. TAMIAMI TRAIL, SUITE 800, NAPLES, FLORIDA 34112, the owrer and holder of a certain Promissory Note and Second Mortgage and Sccurity Agreement ("Mortgage") (pursuant to those instruments recorded on May 2,2013 in Official Records Book 4914, Page 327 5) executed by Cim:s Pointe Partners, LLC, dated November 2,2006, and recorded on November 13,2006 in Official Records Book 4137, Page 0159, of the Public Records of Collier County, Florida, securing a principal sum of$320,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned Mortgage. COLLIER COTINTY hereby acknowledgcs satisfaction of said Mortgage, and sunenders the same as cancelled, and hereby directs the Clerk of the Circuit Court to cancel the same of record. This Satisfaction of Mortgage was approved by the Board of County Commissioners on January 23, 2024, Agenda Item Number l6 D.-. AT'fEST: CRYSTAL K. KINZEL, CLERK By: , Depury Clerk Approval for form and legality: Derek D. Perry Assistant County Attorney BOARD OF COT]NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Chris Hall, Chairman "$2 [23-SOC-o l l 32lr 835040/ r] cAo \tu Page I of I 16.D.7.d Packet Pg. 739 Attachment: Satisfaction of Mortgage - 122123 (27573 : KDH Development Corp. SOM)