Agenda 11/15/2016 Item #16D 3 16D.3
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve two State Housing Initiatives Partnership Program Impact Fee
releases of lien in the combined amount of$13,868.34 for the associated owner-occupied affordable
housing units where the obligations have been repaid in full by the homeowners.
OBJECTIVE: To support the affordability of housing through the implementation of SHIP program
strategies.
CONSIDERATIONS: Pursuant to Article IV of Chapter 74 the Collier County Code of Ordinances, the
County shall defer the payment of the impact fees for any new owner-occupied unit which qualifies
as affordable housing. Section 74-401(a) (3) of the Code authorizes the County Manager to enter into a
SHIP impact fee deferral agreement with the owner or developer of such a unit.
Under the former SHIP Impact Fee Deferral program, when an eligible applicant is approved for an
impact fee deferral, the SHIP program pays the required impact fees in full to the County on behalf of the
owner and defers the SHIP repayment to the homeowner until the property is sold, refinanced, or no
longer their primary residence. The liens for these two properties were filed in Habitat for Humanity's
name and not that of the homeowners. Therefore, the releases are for Habitat for Humanity. The deferred
impact fees, a SHIP lien on the property, and any repayment made on the lien shall be repaid to the SHIP
Trust Fund.
The funds deferred for the construction of two residential dwelling units have been repaid in full. As
such, the repayment obligation has been fulfilled and a release of the SHIP lien is needed. The
following table contains details about the SHIP liens associated with this item.
File# Name Property Lien Payment Official Records
Address Amount Received
1997 Owner/Developer: Immokalee 5306 $6,169.52 $6,169.52 Book:2361 PG:0871
IF Habitat for Humanity Homeowner: Trammel Recorded: 11/07/1997
Maria Trejo Street
01-073 Owner/Developer: Habitat for 5246 $7,698.82 $7,698.82 Book:2777 PG:2069
IF Humanity of Collier County McCarthy Recorded: 02/14/2001
Homeowner:Armando Garcia& Street
Tamara Soto
Total $13,868.34 $13,868.34
FISCAL IMPACT: A total of$13,868.34 has been repaid to Collier County and is considered program
income and has been deposited in the SHIP Grant Fund (791), Project No. 33467. Such funds may be
reused for eligible SHIP program activities.
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
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to sign two SHIP release of liens where the obligation has been paid in full.
Packet Pg.897
16.D.3
11/15/2016
Prepared by: Elizabeth Hernandez, SHIP Grant Support Specialist, Community and Human Services
ATTACHMENT(S)
1.Release of Lien(PDF)
2. SHIP Impact Fee Agreements (PDF)
3.Release of Lien SAP Data (PDF)
Packet Pg. 898
16.D.3
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Item Summary: Recommendation to approve two State Housing Initiatives Partnership Program
Impact Fee releases of lien in the combined amount of $13,868.34 for the associated owner-occupied
affordable housing units where the obligations have been repaid in full by the homeowners.
Meeting Date: 11/15/2016
Prepared by:
Title:—Community&Human Services
Name: Elizabeth Hernandez
10/18/2016 3:19 PM
Submitted by:
Title: Division Director-Cmnty&Human Svc—Public Services Department
Name: Kimberley Grant
10/18/2016 3:19 PM
Approved By:
Review:
Community&Human Services Kristi Sonntag Additional Reviewer Completed 10/25/2016 11:25 AM
Public Services Department Kimberley Grant Additional Reviewer Completed 10/25/2016 4:42 PM
Public Services Department Amanda O.Townsend Additional Reviewer Completed 10/26/2016 10:19 AM
Community&Human Services Leslie Davis Additional Reviewer Completed 10/26/2016 10:42 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 10/26/2016 3:05 PM
Grants Erica Robinson Level 2 Grants Review Completed 10/26/2016 3:48 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/28/2016 8:55 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/31/2016 9:54 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2016 10:30 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2016 10:43 AM
Grants Therese Stanley Additional Reviewer Completed 11/02/2016 12:58 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 5:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
Packet Pg. 899
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Prepared by:Elizabeth Hernandez
Collier County
Community&Human Services Division
3339 E,Tamiami Trail,Building 1-I,#211
Naples,FL 34112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County, whose post office address is
3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact
Fee Agreement executed by Immokalee Habitat for Humanity,Inc, to Collier County,
recorded on 11/07/97 in Official Records Book 2361 Page 0871,of the Public Records of Collier
County, Florida, in consideration of$6,169.52 receipt of which is hereby acknowledged does
remise, release, quitclaim, exonerate and discharge from the lien and operation of the said
agreement, that certain portion of the premises conveyed by said lien, more particularly
described as follows:
LOT 2 OF BLOCK 13, NAPLES MANOR LAKES,ACCORDING
TO THE PLAT BOOK THEREOF,AS RECORDED IN PLA I'BOOK
3,AT PAGE 86,OF THE PUBLIC RECORDS O1 COLLIER COUNTY
FLORIDA,
The undersigned is authorized to and does hereby release this Lien with respect to the above-
named property, and consents to this Lien being forever discharged of record with respect to said
property.
This Release of Lien was approved by the Board of County Commissioners on -
,2016,Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E,BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: By:
,DEPUTY CLERK Donna Fiala,Chairman
Approval for form and legality:
Jennifer A,Belpedio
Assistant County Attorney
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Prepared by:Elizabeth Ilernandez
Collier County
Community&Human Services Division
3339 E,Tannami Trail,Building H,#211
Naples,FL 34112
THIS SPACE FOR RECORDING
RELEASE OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That Collier County,whose post office address is
3299 E. Tamiami Trail, Naples,Florida 34112, the owner(s) and holder(s) of a certain Impact
Fee Agreement executed by Habitat for Humanity of Collier County,Inc. to Collier County,
recorded on 02/14/01 in Official Records Book 2777 Page 2069,of the Public Records of Collier
County,Florida, in consideration of$7,698.82 receipt of which is hereby acknowledged does
remise, release, quitclaim, exonerate and discharge from the lien and operation of the said
agreement, that certain portion of the premises conveyed by said lien, more particularly
described as follows:
LOT 12,BLOCK 14,NAPLES MANOR,UNIT I,AS RECORDED IN PLAT
BOOK 3,PACE S7,OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA.
The undersigned is authorized to and does hereby release this Lien with respect to the above-
named property, and consents to this Lien being forever discharged of record with respect to said
property.
ThisRelease of Lien was approved by the Board of County Commissioners on
2016, Agenda Item Number
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK OF COLLIER COUNTY,FLORIDA
By: ....._.... By:
DEPUTY CLERK Donna Fiala,Chairman
Approval for form and legality: { 1
Jennifer A.Belpedio
Assistant County Attorney
W;S'
16.D.3.b
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this of eV) 2001,
by the County manager on behalf of the County Commissioners of Collier County, Florida,
hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc.,
hereinafter referred to as"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water
and/or Sewer Systems Impact Fee Ordinance;Collier County Ordinance No.88.97,as amended,
the Collier County Library System Impact Fee Ordinance;Collier County Ordinance No.99-39,
the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County =
Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System -'
Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County
roRoad Impact Fee Ordinance; Collier County Ordinance No. 92-33, as amended, the Collier
County Educational Facilities System Impact ee Ordinance; and Collier County Ordinance No. LL
99-52,the Collier County Correctiotf Ti r`' Ordinance, as they may be further �.
amended from time to time, tireinaftet coll_ectively�� to as "Impact Fee Ordinance", c.
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provide for waivers of to pact,'fee'. for ne ,.—O ef,occupied dwelling unit qualifying as
affordable housing;and I ; \ } v
WHEREAS,OWN leu-for-awatier of J�as required by the Impact
Fee Ordinance, a copy of plication being or4!!y• 'Office of Housing and Urban w
Improvement;and
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WHEREAS,the County Manager s tie�!'fias reviewed the OWNER's application
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and has concluded that it complies with the requirements for an affordable housing waiver of
impact fees as established in the Impact Fee Ordinance:and
WHEREAS,the impact fee waiver shall be presented in lieu of payment of the requisite m
impact fees subject to satisfaction of all criteria in the Impact Pee Ordinance qualifying the v
project as eligible for an impact fee waiver;and
WHEREAS, by signing this Agreement, the County Manager has approved a waiver of
these impact fees for OWNER,
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW,THEREFORE,in consideration of the foregoing recitals,the parties covenant and
agree as follows; 2150600 OR: 2111 PG: 2065
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OR: 2777 rG: 20 16.D.3.b
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are
incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit")and site plan are attached hereto as Exhibit"A"and incorporated by reference herein.
3, TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fifteen(15)years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following;
a. The Dwelling Unit shall be sold to a household with a very low income as defined in
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the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the a
Dwelling Unit shall be within the affordable housing guidelines established in the appendices
to the Impact Fee Ordinance;
b. The Dwelling Unit shall be sold-tq'ii= ssi t zee home buyer;
c. 'The Dwelling Unit shall,b 44,4;bmestead ofo r'";°'R, EL
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d. The Dwelling Unit s1hall remain--as-at'fordable_.housing for,fifteen (15) years from the "
date the certificate of occupancy-ka ssyt br t wdli Witt*and
e. OWNER is the o4err o of tt)e Dsv ltfig t�'and.owes impact fees in the total
amount of$7,698.82 pir§ t to the Impact Fee Ordinatce.0 hr ieturn for the waiver of the
impact fees owed by OWN OWNER covenants and agrees to comply with the affordable
housing impact fee waiver qui'kidtitin-eriteria_detaffOld Impact Fee Ordinance. A list
-hereto-as Exhibit"B.
of the various waived impact fees iss attre�
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5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the a.
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impact fee waiver to a subsequent purchaser,the Dwelling Unit shall be sold only to households
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meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to the COUNTY,except for waived impact fees if the
dwelling unit has been used for affordable housing for a continuous period of fifteen years after
the date the certificate of occupancy is issued.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
- 2
Packet Pg.903
OR: 2717 PG: 201 16.D.3.1,
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen(15)years after the date of issuance of the certificate of occupancy,or
upon payment of the waived impact fees, and upon payment of the deferred impact fees, the
COUNTY shall, at the expense of the COUNTY, record any necessary documentation
evidencing the termination of the lien,including,but not limited to,a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit,the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition,this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. a3
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10. RECORDING. This Agreement shall be recorded by OWNER at the expense of `o
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OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after r
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execution of this Agreement by the County Manager, d
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11. DEFAULT. OWNER shat,be-i Vc f this Agreement (1) where OWNER
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fails to sell the DwellingUnit d e v i i ble housingstandards and E
/tL. '''eprdan g a_
qualification criteria established`in, Impact Fee Ordinances and\thereafter fails to pay the =
impact fees due within thirty(30) ## /, o '„.lisnee4r(2)�where OWNER violates
one of the affordable housingiqusk ifibati r n , !l "t mance for a period of N
dry" !
fifteen(15)days after notice of fife violation °i
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12. REMEDIES. Sri d the OWNER of ail to comply with the said a�
qualification criteria at any time dtit lg t tin (15)yj `period,or should OWNER violate w
iP� .F,
any provisions of this Agreement,the impaeN`es shall •be paid•in full by OWNER within a
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thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall a
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constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
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continuing for fifteen(15)years from the date of issuance of the certificate of occupancy or until E
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
a
owner, lessee,tenant, mortgagee,or other person except liens for County taxes and shall be on
parity with liens of any such County taxes, Should the OWNER be in default of this Agreement
and the default is not cured within (30) days after written notice to OWNER, the Board may
bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or
otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for —
judgments calculated on a calendar day basis until paid.
- 3 -
Packet Pg.904
OR: 2777 PG; L 16._D.3.b
IN WITNESS WHEREOF,the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses: OWNERS:
HABITAT FOR HUMANITY OF
Print Name- • , .. -' , , COLLIER C91;INTy,INC.'
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Print Name Ci i�it Lr-1,4 A N BY {� e' '.- : —cam
Samuel J.Durso,M.D.,President
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this `)`, day of ii k•Ni.), :4.;‘.. 2001
by Samuel J.Durso,M.D., President of Habitat for Humanity of Collier County,Inc. He is pernally a
known to me. -'
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[NOTARIAL SEAL] Notary Public --,
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LAUREN J.BEARD t ,' ' "� v.
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'THOMAS; fOLLIFF,CO MANAGER E
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STATE OF Florida _ /.
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COUNTY OF Collier J if-F ( C‘...›)7. U
The foregoing instrument was acknowledged before me this I day of �P�). ,2001 k
by Thomas W.OIIif,the County Manager. lie Is personally known to me. a
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'(t •.iNtaty' ' ' JENNIFER 1. MINICK
.ririxitaviimre' gre nth
Approved as to form and
legal sufficiency
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Thomas C.Palmer
Assistant County Attorney
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16.D.3.b
OR; 2777 PC; UN
EXHIBIT"A"
LEGAL DESCRIPTION
LOT 12,BLOCK 14,NAPLES MANOR,UNIT 1,AS RECORDED IN PLAT
BOOK 3,PACE S7,OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA.
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A. Library Impact Feel' t S g2t . r' a)
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B. Road Impact Fee ,5,011!1
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C. Parka Impact Fee: ���� �- \-D. EMS Impact Fa moo cl
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E. Educational Facilities System Impact Pee 1,178.00
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F. Water Impact Fee 1,275.00 E
G. Sewer Impact Fee $1,575.00 0
H. Correctional Facilities Impact Fee 117.98 u
TOTAL IMPACT FEES $7,698.82
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16.D.3.b
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foregoing p$ot t +) 9 ,
LOT 12 BLOCK FOURIF E H, NAPLE S MANOR, UNIT NO. ONE, as recorded M Plot Book 3 Pot's 57
of the Public Record,of Caller County, Florida. That a stumpy of the above described property we mode under my
&.eche end meets the Minlenu m Technical Standard*as per Chapter 01017-0 Plwtde bale Mlstrutive Cods. Pursuant to
Section 472.027,Florida Statutes. There are no *foible encroachment,other than drown, no e0s,ntentl or dolma of
eeswlsnts of ehidt es have kneaiadpe. No lige search has been mode by the surveyor. No altrnpt has been mode to
locate totes beneath tlha Woos.
Street Address to 5248 McCarty Street, Neplss, Fl. •
floorings conform to Pot Doak 3 Pose 9e-87
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Property le li Flood Itaoe•AC 1 NOTES ai WOW= —11 BOUNDARY SURYEr !I1BNNs P5
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16.D.3.b
AGREEMENT FOR WAIVER OF COLLIER COL NTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into thisfiaday of 'j au:_ 1997, by and~
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between the Board of County Commissioners of Collier County, Florida, hereinafter referred to 3 a
as"COUNTY" and [mmokalee Habitat for Humanity, Inc., hereinafter referred to as"OWNER." E
WITNESSETH:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County 0
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Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as C o
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amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County . g c
":
Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; g a,
Collier County Ordinance No. 88-96, as e he-C`.ollier County Parks and Recreational E A
co
Facilities Impact Fee Ordinance; 'o lie •County Ordin'a`te�1 ,91-71, as amended, the Collier E
,. n Q.
County Emergency Medical Servicesi,Systemslmpact Fee Ordinance; Collier County Ordinance '4 8 �
No. 92-22, as amended, theiColli u ' oa` . rdinance; and Collier County ""n2
Ordinance No. 92-33, as amendep, a of er C' ni ducat nalFacilities System Impact Fee
Ordinance, as they may be fuser amended from time`s o time 1'i r after collectively referred to I
as "Impact Fee Ordinance", providew-for waivers of impactfeesi!'or new owner-occupied dwelling ,-
unit qualifying as affordable housi , dn ____-<":\N/"',/ a
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WHEREAS, OWNER has applied`far--a- sof impact fees as required by the Impact a.
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
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Improvement; and
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WHEREAS, the County Manager or his designee has reviewed the OWNER's application E
and has found that it complies with the requirements for an affordable housing waiver of impact 0
fees as established in the Impact Fee Ordinance; and ,,
0
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
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- 1 -
Packet Pg.908
16.D.3.b
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 97- S/20_ at its regular meeting of__ � , 1997; and
WHEREAS, the Impact Fee Ordinance requires thi t the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
ca
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
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3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing CD
and shall be offered for sale in accordanectiitkibe77svtandards set forth in the appendices to the
Impact Fee Ordinance for a period0:6fi:iften (15) yearscommencing from the date the certificate
of occupancy is issued for the''Dwelling-Unit.
4. REPRESENTATIONS RF NT1OWNER represents and warrants the
following: s 4 1 l i
azia. The Drt hng Unit shall be sari to slhouse old with a very low income as °'
defined in,`kthe appendices tolih hnpact` Fee Ordinance and his/her asT
monthly *et ts.,to purchase tl% we;lling Unit shall be within the b
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affordable housing delines established in the appendices to the Impactta
XaFee Ordinance; a v
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occu:aancy is issued for the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by OWNER,
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Packet Pg. 909
16.D.3.b
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee ......
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall he sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
t. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
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affordable housing for a fifteen (15) year period after the date the certificate of occupancy is -a
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issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the a)
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impact fees shall be immediately repaid to the COUNTY.
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7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the ,a)
effective date of this Agreement;f' h lei may Abe.. foreclosed upon in the event of a
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non-compliance with the requirements of this Agreement. ,e--ko.
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8. RELEASE OF , lENl........;q , Upon -sati's'actorya completion of the Agreement co
requirements and fifteen ( '5) y`e° epi dad` ' is sia �f they certificate of occupancy, or �..---.
upon payment of the waived-impact,. s, tt eCOUNTY shall, atm expense of the COUNTY, II
record any necessary docur�t tt c vi
tion evidencing they.termination ' the lien, includin but not E
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limited to, a release of lien. l\ s,r. °' c
9. BINDING EFFE reem "t slid be binding upon the parties to this u G
Agreement and their respective heirs, personal representatives, successors and assigns. In the c.a
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case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for a `'
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the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and E
c.)
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
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10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to sell the Dwelling Unit in accordance with the af.':ordable housing standards and
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Packet Pg. 910
16.D:3.b
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen(15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
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thirty (30) days of said non-compliance. OWNER agrees that the impact tees waived shall
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constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and o
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continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until13
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repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of anyo
owner, lessee, tenant, mortgagee,or, r t ,lien for County taxes and shall he on m
parity with the lien of any sttcl ounty taxes. Should``tje',OWNER be in default of this E
cc s alt written notice to OWNER, the en
Agreement and the default i nod' N ithin f 3�1.),,clY
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tion the hen maybe foreclosedin
Board may bring a civil action tatr �t i �> ) ,
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or otherwise enforced by theCO rc by,actions r suitin e�f as for the foreclosure of a 4 o
mortgage on real property. This\remedy is cumulativevitt anfyother right or remedy available ci)E N
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to the COUNTY. The Board shfi`boe entitled to recover-all' ey 'and costs, including attorneys CS) ,_.,
fees, incurred by the Board in en orcing his agreement. olds interest at the statutory rate for C3
judgments calculated on a calendar day basis ntil pais!. a ooe
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IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver CL
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of Impact Fees on the date and year first above written.
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Witnesses: OWNERS; E
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ii ...../..... f_ IMMOKALEE HABITAT FOR =
' 'nt Name l�cw,r,ac.e le r e<- HUMANITY, INC.
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• rint Name ,� '-n,r e , ...fire.. B x 'i
Charles C. Sm th, V' e Preside
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i 16.D.3.b
• DATED: erv. "(--' 19 P7 BOARD OF COUNTY COMMISSIONER
ATEST:0 f' II ti COLLIER COUNTY, FLORIDA
DWIGHT E. BROGK, Clerk .?
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. . • oe By: /4 i 4no A .
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'moth.? francoc , Chairman
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Approved.as to form and
legal sufficiency
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Heidi F. Ashton "6
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Assistant County Attorney (I)
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STATE OF Florida ) •---,----„
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COUNTY OF Collier a
The foregoing instruMent*as-aeknor->acknowledged before me this a _ day of fi.-,-/4JfIc s , 1997, E
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by Charles C. Smith, Vice'Pi residertfolqim*alieffabitat for Humanity, Inc. He is personally knowr ..
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Name\)f' ,ticriowledger Typed,ffripted dr Stamped
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EXHIBIT"A"
LEGAL DESCRIPTION
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LOT 2 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING J
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK o
3,AT PAGE 86,OF THE PUBLIC RECORDS OF COLLIER COUNTY as
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