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Agenda 12/08/2015 Item #16D1712/8/2015 16.D.17. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign satisfaction of mortgage with W.L. Crawford and Dorothy L. Crawford and Jim H. Moody and Tina P. Moody for the rehabilitation of ninety- six rental units that has been repaid in full. OBJECTIVE: To approve the satisfaction of mortgage for a loan repayment that provided benefit to low- to moderate - income persons in Immokalee. CONSIDERATIONS: On March 28, 1985, a mortgage was entered into between W.L. Crawford and Dorothy L. Crawford and Jim H. Moody and Tina P. Moody and Collier County in the amount of $190,000 with annual payments of $6,333.33 at 0% interest for twenty -nine years ending on September 30, 2013. On June 10, 1986, the Board approved Resolution 86 -104 to commit the loan repayments made by the property owners to eligible Community Development Block Grant (CDBG) activities with funds expended on low- income housing within Collier County. It should be noted that the original 1985 note required repayment in twenty -nine years at $6,333 per year, however this appears to be a scrivener error and the correct number of years should have been thirty, to equal full repayment. The final payment was received September 30, 2014. The developer has fulfilled obligations of the Community Development Block Grant program and staff recommends approval of the following satisfaction of mortgage: Developer Legal Description Loan Amount Mortgage Being Released W.L. Crawford and Lots 12,13,14 and 15, Block 7, $190,000 $190,000 Dorothy . Crawford and y Carson's Addition according to the Plat thereof recorded in Plat Book 1 $190,000 OR Book 00 1127 Jim H. Moody and Tina P. Moody page 33, of the Public Records of Page001924 924 Collier County, Florida Please note that the mortgage amount described above is the amount of funds returned to Collier County. The following table provides a detailed account of the funds repaid as required. Name Mortgage Amount Funds Expended Accrued Interest Payoff Received W.L. Crawford $190,000 $190,000 $0 $190,000 and Dorothy L. Crawford and Jim H. Moody and Tina P. Moody Approval of this item will authorize the Chairman to sign the mortgage satisfaction for rehabilitation of affordable housing dwelling units and acknowledges that the developer has satisfied the terms of assistance provided. Following approval and execution, the documents shall be recorded in the public records of Collier County, Florida. Packet Page -1324- 12/8/2015 16.D.17. The funds will be recommended for allocation and will be brought back to the Board for consideration and approval. FISCAL IMPACT: Funds to record the satisfaction of mortgage are budgeted in the CDBG Grant Fund 705 Project 33434. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. -- JAB RECCOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign satisfaction of mortgage with W.L. Crawford and Dorothy L. Crawford and Jim H. Moody and Tina P. Moody for the rehabilitation of ninety -six rental units that has been repaid in full. PREPARED BY: Kristi Sonntag, Federal and State Grant Manager, Community & Human Services Division Attachments: 1) Satisfaction of Mortgage 2) Mortgage 3) Resolution 86 -104 Packet Page -1325- 12/8/2015 16.D.17. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.17. Item Summary: Recommendation to approve and authorize the Chairman to sign satisfaction of mortgage with W.L. Crawford and Dorothy L. Crawford and Jim H. Moody and Tina P. Moody for the rehabilitation of ninety- six rental units that has been repaid in full. Meeting Date: 12/8/2015 Prepared By Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Community & Human Services 11/4/2015 1:27:18 PM Submitted by Title: Manager - Federal /State Grants Operation, Community & Human Services Name: SonntagKristi 11/4/2015 1:27:19 PM Approved By Name: Bendisa Marku Title: Supervisor - Accounting, Community & Human Services Date: 11/9/2015 3:13:13 PM Name: GrantKimberley Title: Division Director - Cmnty & Human Svc, Community & Human Services Date: 11/13/2015 9:01:34 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 11/13/2015 2:20:13 PM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 11/15/2015 9:29:50 AM Packet Page -1326- 12/8/2015 16.D.17. Name: RobinsonErica Title: Accountant, Senior, Grants Management Office Date: 11/18/2015 7:43:45 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 11/18/2015 8:55:43 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/18/2015 9:04:03 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/18/2015 9:14:34 AM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 11/20/2015 1:12:01 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/22/2015 11:50:44 AM Packet Page -1327- 12/8/2015 16.D.17. Prepared by: Collier County Community and Human Services Division 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 and holder of a certain Mortgage executed by W.L. Crawford, Dorthv L. Crawford, Jim H. Moody & Tina P. Moody to COLLIER COUNTY, recorded on 03/29/1985 in Official Records Book 1127, Page 1924, of the Public Records of Collier County, Florida, securing a principal sum of $190,000.00 and certain promises and obligations set forth in said Mortgage, upon the property described in the aforementioned mortgage. 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. This Satisfaction of Mortgage was approved by the Board of County Commissioners on - 2015, Agenda Item Number ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By: By; DEPUTY CLERK TIM NANCE, CHAIRMAN Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney��� Packet Page -1328- `L - 11 12/8/2015 16.D.17. pt RFC -dy PORTGAGE co THIS MORTGAGE INDENTURE executed this 28th day of br) March 1985, by W. L. CRAWFORD and DOROTHY L. 2 CRAWFORD, husband and wife, as to an undivided one -half interests N and JIM H. MOODY and TINA P. MOODY, husband and wife, as to an 3 undivided one-half interest, of the County of Collier, State of Florida, hereinafter called the Mortgagor, which term as used in. every instance shall include the Mortgagor's heirs, executors, administrators, successors, legal representatives and assigns, either voluntary by act of the parties or involuntary by n lural, and operation of law and shall denote the singular and /or p N Ga = the masculine and /or feminine and natural and /or artificial o -' t so requires or admits, o c°a persons, whenever and w ��` and CO TY, a political parties of the fir(', r. subdivision of e ate of Florida, he Ina er called the Mortgagee, whi t m sed instan e s all include the Mortgagee's s cce s 1 e nd ssigns, party of the second.par . h go n luable WITNESSE considerations %_, to secure the pa nt f e ggregate sum of romissor money named in y note v e herewith, hereinafter mentio 0 ether with 0, u s of money secured rr � a hereby as hereinafte tc i Id C - " g g or does grant, bargain, sell, alien, remise, re ease, convey and confirm unto the Mortgagee, in fee simple, the following described real estate, of which the Mortgagor is now seized and possessed, and in actual possession, to -wit: Lots 12, 13, 14 and 15, Block 7, CARSON'S ADDITION, a� according toof hthelPublic thereof Recordsrecorded Plat i, Page 33, Collier County, Florida. Together with all and singular the tenements, heredi.taments, easements and appurtenances thereunto belonging, or in any wise `alt appertaining, and the rents, issues, and profits thereof, and e c also all the estate, right, title, interest and all claims an� O , wIN PAYWNT 07 7AXE pU6 �` RECEIVED 1 > �+ Received $_e7-�-0 * -` ON CVac "C" INTANGIBLE PERSONAL PROPERTY. D::_ument0ry Stamp Tax !' ^ �. aEi+ciw, CLERK s c CO Collier County, Floridan _ 0� Witl' m J. Reagan, Clerk D.Qr �� by� Ott SOUNTY V1 y N'1 47 ' f Packet Page - 1329 C) =n Ci] C? ry 7,-, -a o• 0 a CID G7 ry M no I 12/8/2015 16.D.17. demands whatsoever, as well in law as in equity, of said Mortgagor in and to the same, and every part and parcel thereof. TO HAVE AND TO HOLD the above described property unto the Mortgagee, its successors and assigns forever. The Mortgagor hereby covenants with the Mortgagee that the Mortgagor is indefeasibly seized with the absolute and fee,simple title to said property, and has full power and lawful authority to sell, convey, transfer and mortgage the same; that it shall be lawful at any time hereafter for the Mortgagee to peaceably and quietly enter upon, have, hold, and enjoy said property, and every part thereof; that said property is free and discharged from all liens, encumbrances, and claims of any kind, including taxes and assessments; and that the Mortgagor hereby fully warrants unto the Mort �ie'!e said property and will defend the same a lawfu i sn d demands of all persons whomsoev r. # NOW, THER OR , on his m tg a is such that if the Mortga or a the Mortgagee, the indebtedness vi n d h t r o ss ry note, of even date herewit ,� o or p yes e to the Mortgagee, in rincipal sum of O HUN RE�^, ETY THOUSAND AND N01100 DOLLARS 000.00) and sha r comply with and abide by each and vei y�, a stipulatio r ements, conditions, and covenants contain !" y, is mortgage and in the promissory note secured hereby( t en this mortgage and the estate hereby created shall cease and be null and void. AND the Mortgagor does hereby covenant and agree: 1. To perform, comply with and abide by each and every the stipulations, agreements, conditions, and covenants contained and set forth in said promissory note and this mortgage deed. 2. To permit, commit or suffer no waste and to maintain the improvements at all times in a state of good repair and condition= and to do or permit to be done to said premises nothing that will alter or change the use and character of said property or in any way impair or weaken the security of this 2 Packet Page -1330- L D r`=' Co -' r� O tV is y 0 0 -0 D► to O N M CA 1 12/8/2015 16.D.17. mortgage. And in case of the refusal, neglect or inability of the Mortgagor to repair and maintain said property, the Mortgagee may, at its option, make such repairs or cause the some to be made, and advance moneys in that behalf. 3. To pay all and singular the taxes, assessments, levies, liabilities, and obligations of every nature on said described property each and every when due and payable according to law, before they become delinquent; to indemnify the Mortgagee upon its demand for all taxes, assessments and charges that may be assessed upon this mortgage on the indebtedness secured hereby, and paid by the Mortgagee, without regard to any law heretofore enacted or hereafter to be enacted imposing payment of the whole or any part thereof upon the Mortgagee. ud�q by the Mortgagor of the q, if a conveyanc premises, herein . des v any, pa , then and in that event, at the op nd upon the demand th Mortgagee, all sums of money cu d by diate b come forthwith due and payabl . S. It s f rt er o e n d n r d C y� aid parties s sti to a f reclose this that in the e I. mortgage, the agee shall be ent ed to at any time pending such fo ure suit to the t g jurisdiction thereof for the ap t of a receiv �tf 1 and singular the mortgaged property, a aym'U mes, profits, issues and revenues thereof, from w a�soever source derived; and thereupon it is hereby expressly covenanted and agreed that the court shall forthwith appoint such receiver with the usual powers and duties of receivers in like cases; and said appointments shall be made by the court as a matter of strict right to the Mortgagee, and without reference to the adequacy or inadequacy of the value of the property hereby mortgaged, or to the solvency or insolvency of the Mortgagors or any other party defendant to such suit. The Mortgagor hereby specifically waives the right to object to the appointment of a receiver as aforesaid and hereby expressly consents that such appointment shall be made as an 3 ` l Packet Page -1331- C7 C=' r-+ O c 0 a —. n- C= M 1- .. 12/8/2015 16.D.17. admitted equity and as a matter of absolute right to the Mortgagee and that the same may be done without notice to the Mortgagor. 6. If foreclosure proceedings should be instituted against the property covered by this mortgage upon any other lien or claim whether alleged to be superior or junior to the lien of this mortgage, the Mortgagee may at its option immediately upon institution of such suit or during the pendency thereof declare this mortgage and the indebtedness secured hereby due and payable forthwith and may at its option proceed to foreclose this mortgage. 7. To pay all and singular the costs, charges and expenses, including attorney's fees and abstract costs, reasonably incurred or R by the Mortgagee because of the failure of ago r to``a comply with, and abide by each an y the stipulations, re ents, conditions, and covenants y f s�(id�issory —t and o)� th�s mortgage, or either. S. Tha t ort a r w 1 1 r 1 nd personal property now I a by e 1 &-6 this mortgage insured again f.'�l ss by fire, win orm an J er hazards included in the e "extended covera o 1 periods and for not less than suc m s as may be r e by the Mortgagee, provided that Mortgage 1 hat the amount of such coverage exceed that amount o coverage required to pay the sums secured by this mortgage, and to pay promptly when due all premiums for such insurance. The amounts of insurance required by the Mortgagee shall be the minimum amounts for which said insurance shall be written and it shall be incumbent upon the Mortgagor to maintain such additional insurance as may be necessary to meet and comply fully with all co- insurance requirements contained in said policies to the end that said Mortgagor is not a co- insuror thereunder. Insurance shall be written by a company or companies approved or designated by the Mortgagee. All policies and renewals thereof shall be verified 4 Packet Page -1332- C) 0 O N ;N -v o 0 D- ca rn N -w F7 12/8/2015 16.D.17. by a Certificate of insurance which shall be mailed directly to Mortgagee and which shall provide that the insurance provided thereunder shall not be cancelled or altered without 34 days prior written notice to Mortgagee. Each policy of insurance shall have affixed thereto a Standard New York Mortgagee Clause without Contribution, making all loss or losses under such policy payable to the Mortgagee as its interest may appear. In the event any sum or sums of money become payable thereunder the Mortgagee shall have the option to receive and apply the same on account of the indebtedness hereby secured, or to permit the Mortgagor to receive and use it, or any part thereof, without hereby waiving or impairing any equity, lien or right under and by virtue of this mortgage. In the event of loss or physical damage to the mortgaged property the rrrA J ive immediate notice thereof by mail to gee anc e4K agee may make proof of loss if the s m not made promptly l th Mortgagor. In event r event of forec su o is mvzzg oth t nsfer of title th indebtedness to the mortga ed Y secured hereb , a igh , i le n e o th Mortgagor in 1 n f s pass to the and to any in tr purchaser or g j g. The M t Coe e may, at its o 't'o , ithout waiving its right to acce e indebtednej' y secured and to �x'Fbq�s �ji c ter delinquency- any or foreclose the same, pa e L ilr.. all of those certain obligations required by the terms hereof to be paid by the Mortgagor for the protection of the mortgage security or for the collection of the indebtedness hereby secured. All sums so advanced or paid by the Mortgagee shall be charged into the mortgage account and become an integral part thereof, subject in all respects to the terms, conditions, and covenants of the aforesaid promissory note, and this mortgage, excepting, however, that said sums shall be repaid the Mortgagee forthwith upon its demand and be in addition to the regular monthly installments provided by the mortgage note. 5 Packet Page -1333- C.- CO �na t� 0 rn o0 I 12/8/2015 16.D.17. 10. That no waiver of any covenant herein or of the obligation secured hereby shall at any time hereafter be held to be a waiver of the terms hereof or of the note secured hereby. 11. That in order to accelerate the maturity of the indebtedness hereby secured because of the failure of the Mortgagor to pay any tax assessment, liability, obligation or encumbrance upon said pr ,)perty as herein provided, it shall not be necessary nor requisite that the Mortgagee shall first pay the same. 12. If any of the sums of money herein referred to be not promptly and fully paid within thirty (30) days next after the same severally come due and payable, or if each and every the stipulations, agreements, conditions and covenants of said promissory note and th' a 0 ither, are not duly performed, complie ]rr,}hY abi a 7t aggregate sum mentioned in sai issory note or othe is secured hereby shall become d e a d ble or ere fter at the option of the Mor ul ely as if said aggregate sum of on y s o g p at d be paid on such day, -- an visa a y &6 ein to the contrary notwi \V ding. 13. It is aEe sly understood a a at the mortgage note secured hereb 141"l-become due an a e forthwith at the n of the Mortgag Li ring this loan the agor shall convey away sax mortgaged premises or if the thereto shall become vested in any other person or persons y manner whatsoever, unless the consent in writing of the agee herein, or its successors or assigns, is first f ned. In the event of such transfer of title, with or i ut the Mortgagee's consent, the Mortgagee at its option { have the right to amend or modify the rates, terms, i tions, covenants and provisions of this mortgage and the secured hereby. ' i 6 optio Mortg title in an Mortg obtai witho shall condi note t� n � n e--) '- C) N P; -.4, 0 0 't3 •� D ca C) N rn Packet Page -1334- 12/8/2015 16.D.17. 14. Mortgagor shall fulfill all of it's obligations under the Rehabilitation Loan Agreement between the Collier County Community Development Block Grant Program and Mortgagor, dated the 28th day of March 1965. L3 crY 15. The last payment of principal and interest shall be due W _ and payable on September 30, 2013 if not sooner paid. o N IN WITNESS WHEREOF, the said Mortgagor hereunder sets his X ~ hand and seal this the day and year first above written. Signed, sealed and delivered in the esence�of: it I a ter N- 0, s L 0 0 W.-L. CRAWFORD A -- rn STATE OF FLORI COUNTY OF COLLI I hereby certify �t y ti,4 -, efore me, an officer duly authorized in the s fbr and in the county afore- said to take acknowledgements, personally appeared W. L. CRAWFORD and DOROTHY L. CRAWFORD, his wife, and JIM H. MOODY and TINA P. MOODY, his wife to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same for the purposes therein expressed. Witness my hand and official sea }n the county and state last aforesaid this day of 12K/�.�� y 1985.._ Notary Public / t NOTA. y pRnt(C STATE nF F4n *•IOA / L`.� •C7 - l.'.Y Ct;I,f:A!$$It "7 filnCi }il r7 flp5 Ego 7 �TSi q•i "� .... m�t(q ��7, • •� � • .t Packet Page -1335- K Stia1e 10,. 1986 7 PAGE 56 RE50LUTI011 N0. 86- 104 RESOLUTION COMMITTING LOAN REPAYMENT TO BE COUNITY ELIGIBLE UTILIZED SOLELY BLOCK FOR GRANT ACTIVITIES ON LOW DEVELOPMENT INCOME ROUSING. WITHIN COLLIER COUNTY. 12/8/2015 16.D.17. WHERZ&, S Collier County's 1983 Community Development Block Grant was entered, into Agreement with the Florida Department of Community ••*• Affairs as Contract number 64LG- 53- 09- 21- O1- E34=.'andr . :• ra ;tea =s4t4`d ,"tV ass t•4nisa8 WggREAS.�s� � the soot 08 46; and WHEREAS Y ,, r .IPLau.sw y .f_•6nd, y,mYOi �! a t • •, Vb , !. 7 WHERjF+�A�$�wvL �l. t t .:..,(•'ut4 !) �.T , Y �. �t� � i •: i. , , �€� p u Collier County s original• 4. intent, and, ,. . ,. +JS.i s , ! .•,.T. ,, ( �'.� so" teaCba .Olf� of tEle WHERE G*21"F ) Mortgage duly filed in- Wgggp,&S, the Promissory Note is, secured by dtl•b Official 'Record Book '00_ 1I27.�Page• 001924 of the Public Records of Moody and Coliier. County,.. Florida (Mortgagees Mr3 Crawford and wife; Mr wife); and WggggAg� said loan to Mesere., Crawford and Moody is in. the amount of ;190,000 t0 be repaid to'tCollisr County in annual installments 985 and with the last payment due and payable on beginning September 1 September 30, 2013 if not sooner paid; and, ; tr .. ,.• itial WEiEREAB, inspection by the architect of the unite and is =��•.. .... .. .. . ,.. • . of �abs.:�e. I• rehabilitation efforts demonstrated that- '�sAsbil mrsaaasert taasihLf and, WHEREAS,+ wr# .datss�d.ae�i•..C�' -..�� '. -�! a;`4 + ti ,+sit tt app g tt and. t ; s►usivsr 4'. of WHEREAS, �; li' gppBLrflttid:.. C!4 . the Florida Department of Community Affairs Monitoring Report dated October 21, 1985; and, Packet Page -1336- 12/8/2015 16.D.17. • frirrLa june 1Q, 1986 =REAS, extensive and e•:neartad staff and consultant efforts have been devoted to resolving and clearing this Findings and, through their WBEREAS► the -XWJd Z#WtM Fw. I,�;: • Will letter of May 22► 19g6?M►e ifd :,• Fy :,: �aMs . tiles`, s�Ll ty; and. {EREAS► rest to clear this findingo and, it is in the, County's Into is to fund other SikiEREI►S, a "revolving- fund" utilising loan repayments eligible CDBC activities is common and desirable# mad► j ;oraly needed Within Collier County; WOREAS►flov income housing VOW THEREFORE BE IT RRSOLVED by th a Board of County •Commissioners of Collier County► Florida,,' sad, lY. ,"; yrtiy►is;ti "t7oliles« >::,,;.. • 9� y ,: rr•:•: This Is adopted after motion- second and roll call vets as • • ti •.• - K�t� biz. }a•. . y follows .•c :.n :' ::, ,.,,.•, 1:=':t�str�t> .r;:: ', � and aye Commissioner Goodnight - Motioned f ,, a �,r ••:r., t� t�'k, sa��..e� �;� _, Seconded and aye Commissioner Voss Commissioner Hasse -Aye Commissioner Hollan d - Absent and not voting Commisaionar pastor ^Aye � J` tx� `Crtt ► , < <,, BOARD OF COUNTY COMMISSIONERS ,. ¢ _ DATES no-12.X 486 `COLLIER COUNTY. FLORIDA r liM. ', �atp..s +:�, ��''�;j�i'•tt }y�'t�• /�*2.�.'... ti•pa►b►pq► + , sOO A RMAN ....A,. ,�,. N. BTs . J HN A. YISTOR, ,CNAI •CILSS if ' r . re L�gaJv UfIA'!!pU 005pe-s 57 Kenneth 8. Cuyle Collier County ttnrney Packet Page -1337-