Agenda 04/09/2024 Item #16D 2 (Chairman to sign a subordination agreement with Habitate for Humanity )04/09/2024
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a subordination agreement with Habitat
for Humanity of Collier County, Inc., to subordinate the County’s Home Investment Partnership Act and
the Community Development Block Grant mortgages and Declaration of Restrictive Covenants due to lien
position order.
OBJECTIVE: To provide affordable housing throughout Collier County.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides HOME
Investment Partnership (HOME) and Community Development Block Grant (CDBG) funds to address program-
specific needs identified in the community.
On January 19, 2024, Habitat for Humanity of Collier County (HHCC) or Borrower executed the following
mortgages and restrictions that encumber the Property: Unit No. 106, Building 3 of SONGBIRD AT
WHIPPOORWILL, a Condominium, according to the Declaration of Condominium recorded in O.R. Book 6237,
Page 3628, amended to add Phase 3 recorded in O.R. Book 6259, Page 107, all exhibi ts and amendments thereof,
Public Records of Collier County, Florida:
• Home Investment Partnership Act (HOME) Subordinate Mortgage in favor of Collier County, recorded
January 26, 2024, at OR Book 6324, Page 2523 (the “HOME Mortgage”);
• Declaration of Restrictive Covenants in favor of Collier County, recorded January 26, 2024, at OR
Book 6324, Page 2530 (the “Restrictions”);
• Community Development Block Grant (CDBG) Purchase Assistance Subordinate Mortgage in favor of
Collier County, recorded January 26, 2024, at OR Book 6324, Page 2533 (the “CDBG Mortgage”); and
• Purchase Money Mortgage in favor of Habitat for Humanity of Collier County (HHCC), recorded
February 5, 2024, at OR Book 6327, Page 1608 (the “First Mortgage”);
During the time HHCC was recording the Mortgage documents an upload error occurred and the First Mortgage
did not get uploaded in the electronic recording software that HHCC uses. The error was not detected for ten (10)
days and the First Mortgage document was then uploaded and recorde d. The subordination agreement is being
requested to allow HHCC’s First Mortgage to be moved into the correct position and the HOME, CDBG
mortgages, and Declaration of Restrictive Covenants to be subordinate.
FISCAL IMPACT: This action has no Fiscal impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote
for Board approval. -DDP
GROWTH MANAGEMENT IMPACT: The signature of the Subordination Agreement will allow the County to
expand affordable housing opportunities for its citizens and further the goals of the Collier County Growth
Management Plan.
RECOMMENDATION: To approve and authorize the Chairman to sign a subordination agreement with Habitat
for Humanity of Collier County, Inc., to subordinate the County’s Home Investment Partnership Act and the
Community Development Block Grant mortgages and Declaration of Restrictive Covenants due to lien position
order.
Prepared By: Wendy Klopf, Grants Coordinator, Community & Human Services Division
16.D.2
Packet Pg. 1092
04/09/2024
ATTACHMENT(S)
1. Habitat _ Morgan - Subordination Agreement - #23822959 v1 DDP (PDF)
16.D.2
Packet Pg. 1093
04/09/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2
Doc ID: 28175
Item Summary: Recommendation to approve and authorize the Chairman to sign a subordination agreement with
Habitat for Humanity of Collier County, Inc., to subordinate the County’s Home Investment Partnership Act and
the Community Development Block Grant mortgages and Declaration of Restrictive Covenants due to lien position
order.
Meeting Date: 04/09/2024
Prepared by:
Title: Operations Coordinator – Community & Human Services
Name: Wendy Klopf
02/27/2024 3:41 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
02/27/2024 3:41 PM
Approved By:
Review:
Community & Human Services Lisa Carr PSD Reviewer Completed 02/28/2024 8:09 AM
Community & Human Services Dharam Nohar PSD Reviewer Completed 02/28/2024 8:38 AM
Community & Human Services Kim Frazier PSD Reviewer Completed 02/29/2024 4:55 PM
Community & Human Services Vanessa Collier PSD Reviewer Completed 03/01/2024 7:08 AM
Operations & Veteran Services Jeff Weir OVS Director Review Completed 03/01/2024 8:35 AM
Community & Human Services Kristi Sonntag CHS Review Completed 03/12/2024 6:00 AM
Public Services Department Todd Henry Level 1 Department Review Completed 03/19/2024 12:59 PM
Grants Erica Robinson Level 2 Grants Review Completed 03/21/2024 8:24 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 03/27/2024 11:08 AM
Public Services Department Tanya Williams PSD Department Head Review Completed 04/01/2024 2:49 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/01/2024 2:54 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/01/2024 3:14 PM
Office of Management and Budget Blanca Aquino Luque OMB Reviewer Completed 04/02/2024 9:44 AM
Grants Therese Stanley OMB Reviewer Completed 04/02/2024 11:04 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/02/2024 1:15 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/09/2024 9:00 AM
16.D.2
Packet Pg. 1094
THIS INSTRUMENT PREPARED BY:
W.Jeffrey Cecil, Esq.
Porter Wright Morris & Arthur LLP
9132 Strada Place, Suite 301
Naples, Florida 34108
Parcel ID Number: 73744000526
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT is given this ____ day of ______________, 2024 by and between
Collier County, a political subdivision of the State of Florida, hereinafter “Collier County”, in favor of Habitat for
Humanity of Collier County, Inc., a Florida not for profit corporation, hereinafter "HHCC".
W I T N E S S E T H:
WHEREAS, Jasmine Shyvette Morgan, hereinafter “Borrower”, is the owner of the real property described
as:
Unit No. 106, Building 3 of SONGBIRD AT WHIPPOORWILL, a Condominium, according to the
Declaration of Condominium recorded in O.R. Book 6237, Page 3628, amended to add Phase 3
recorded in O.R. Book 6259, Page 107, all exhibits and amendments thereof, Public Records of
Collier County, Florida (the “Property”).
WHEREAS, on January 19, 2024, Borrower executed the following mortgages and restrictions that encumber
the Property:
Home Investment Partnership Act (HOME) Subordinate Mortgage in favor of Collier County, recorded January
26, 2024 at OR Book 6324, Page 2523 (the “HOME Mortgage”);
Declaration of Restrictive Covenants in favor of Collier County, recorded January 26, 2024 at OR Book 6324,
Page 2530 (the “Restrictions”);
Community Development Block Grant Purchase Assistance Subordinate Mortgage in favor of Collier County,
recorded January 26, 2024 at OR Book 6324, Page 2533 (the “CDBG Mortgage”); and
Purchase Money Mortgage in favor of HHCC, recorded February 5, 2024 at OR Book 6327, Page 1608 (the
“First Mortgage”);
all in the Public Records of Collier County, Florida; and
WHEREAS, the HOME Mortgage, the Restrictions, and the CDBG Mortgage (collectively, the “County
Mortgages”) were each intended to be subordinate to the First Mortgage; and
WHEREAS, the First Mortgage was erroneously and inadvertently recorded subsequent to the County
Mortgages; and
WHEREAS, HHCC has requested that Collier County subordinate the County Mortgages to the First
Mortgage, to which request Collier County has agreed.
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, Collier County hereby consents to and
does hereby subordinate the liens of the County Mortgages in favor of the lien of the First Mortgage, as if such lien
had been granted to HHCC prior to execution and recordation of the County Mortgages.
IN WITNESS WHEREOF, the parties have set their hand and seal the date and year first written above.
COLLIER COUNTY, a political subdivision of the
State of Florida
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ____________________________________
Chris Hall, Chairman
Attest:
CRYSTAL K. KINZEL, CLERK
By: _________________________
Deputy Clerk
Approved as to form and legality:
______________________________
Derek D. Perry
Assistant County Attorney 2/26/2024CAO16.D.2.a
Packet Pg. 1095 Attachment: Habitat _ Morgan - Subordination Agreement - #23822959 v1 DDP (28175 : HfH-Subordiantion Agreement)
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC., a Florida not for profit corporation
Print Witness Name:
Print Witness Address: ________________________
___________________________________________
By: Lisa B. Lefkow
Title: Chief Executive Officer
Print Witness Name:
Print Witness Address: ________________________
___________________________________________
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] remote
online notarization this ___ day of ______________, 2024, by Lisa B. Lefkow, as Chief Executive Officer of Habitat
for Humanity of Collier County, Inc., a Florida not for profit corporation, [ ] who is personally known to me, or [ ]
who has produced __________________ as identification.
(SEAL)
Notary Public, State of Florida
My Commission Expires:
23822959v1 CAO16.D.2.a
Packet Pg. 1096 Attachment: Habitat _ Morgan - Subordination Agreement - #23822959 v1 DDP (28175 : HfH-Subordiantion Agreement)