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Agenda 05/23/2017 Item #16D 105/23/2017 EXECUTIVE SUMMARY Recommendation to approve eight State Housing Initiatives Partnership (SHIP) Program Impact Fee release of liens in the combined amount of $63,449.50 for the associated owner-occupied affordable housing dwelling unit where the obligation has been repaid in full by the homeowner and Habitat for Humanity of Collier County, Inc. 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/Developer (Habitat for Humanity of Collier County Inc.). Under the Ship Impact Fee Deferral program, from 1997-2004, 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 then homeowner until the property is sold, refinanced, or no longer their primary residence. The lien for one property was filed in the homeowner’s name and the lien for seven properties was filed in Habitat for Humanity’s name and not that of the homeowner. Therefore, the releases are for the homeowner and Habitat for Humanity. The deferred impact fee, 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 one residential dwelling unit has 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 lien associated with this item. File # Name Property Address Lien Amount Payment Received Official Records 02-096IF Michael & Jennifer MacMenamin 1125 Serenity Way $4,848.82 $4,848.82 Book:2994PG:2513 Recorded: 03/07/2002 03-050IF Habitat for Humanity of Collier County Inc. (Owner/Developer) 12199 Fuller Lane $11,612.98 $11,612.98 Book:3158PG:2601 Recorded: 11/21/2002 02-119IF Habitat for Humanity of Collier County Inc. (Owner/Developer) 12135 Americus Lane $10,428.82 $10,428.82 Book:2994PG:2971 Recorded: 03/07/2002 NA Habitat for Humanity of Collier County Inc. (Owner/Developer) 607 Clifton Street $3,929.52 $3,929.52 Book:2518PG:0996 Recorded: 03/02/1999 00-009IF Habitat for Humanity of Collier County Inc. (Owner/Developer) 5486 Carlton Street $7,140.34 $7,140.34 Book:2578PG:2568 Recorded: 08/05/1999 04-003IF Habitat for Humanity of Collier County Inc. (Owner/Developer) 14587 Chickee Drive $13,149.98 $13,149.98 Book:3436PG:3399 Recorded: 11/04/2003 NA Habitat for Humanity of Collier County Inc. (Owner/Developer) 5374 Gilchrist Street $6,169.52 $6,169.52 Book:2342PG:1904 Recorded: 08/29/1997 16.D.1 Packet Pg. 619 05/23/2017 NA Habitat for Humanity of Collier County Inc. (Owner/Developer) 5317 Gilchrist Street $6,169.52 $6,169.52 Book:2361PG:0907 Recorded: 11/07/197 Total $63,449.50 $63,449.50 FISCAL IMPACT: A total of $63,449.50 has been repaid to Collier County and is considered program income. $59,519.98 has been deposited in the SHIP Grant Fund (791), Project No. 33467.1. $3,929.52 has been deposited in the SHIP Grand Fund (191) Project No 442071. 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: To approve and authorize the Chairman to sign eight SHIP release of lien where the obligation has been paid in full. Prepared by: Elizabeth Hernandez, SHIP Grant Support Specialist, Community and Human Services ATTACHMENT(S) 1. RELEASE OF LIEN (8) (PDF) 2. [LINKED] LIENS (8) (PDF) 3. SAP BACK UP BCC 5.23.17 (PDF) 16.D.1 Packet Pg. 620 05/23/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 3149 Item Summary: Recommendation to approve eight State Housing Initiatives Partnership (SHIP) Program Impact Fee release of liens in the combined amount of $63,449.50 for the associated owner - occupied affordable housing dwelling unit where the obligation has been r epaid in full by the homeowner and Habitat for Humanity of Collier County, Inc. Meeting Date: 05/23/2017 Prepared by: Title: – Community & Human Services Name: Elizabeth Hernandez 05/03/2017 1:50 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 05/03/2017 1:50 PM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Completed 05/03/2017 3:02 PM Public Services Department Joshua Hammond Additional Reviewer Completed 05/08/2017 8:20 AM Public Services Department Kimberley Grant Additional Reviewer Completed 05/08/2017 10:08 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 05/08/2017 11:14 AM Public Services Department Sean Callahan Additional Reviewer Completed 05/08/2017 12:05 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 05/09/2017 10:50 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/09/2017 11:07 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/09/2017 11:11 AM Grants Erica Robinson Level 2 Grants Review Completed 05/09/2017 1:49 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/10/2017 10:00 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2017 7:29 AM Budget and Management Office Ed Finn Additional Reviewer Completed 05/11/2017 4:39 PM Grants Therese Stanley Additional Reviewer Completed 05/12/2017 5:12 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/14/2017 10:55 PM Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM 16.D.1 Packet Pg. 621 16.D.1.a Packet Pg. 622 Attachment: RELEASE OF LIEN (8) (3149 : SHIP ROL 5/23/17) 16.D.1.a Packet Pg. 623 Attachment: RELEASE OF LIEN (8) (3149 : SHIP ROL 5/23/17) 16.D.1.a Packet Pg. 624 Attachment: RELEASE OF LIEN (8) (3149 : SHIP ROL 5/23/17) 16.D.1.a Packet Pg. 625 Attachment: RELEASE OF LIEN (8) (3149 : SHIP ROL 5/23/17) 16.D.1.a Packet Pg. 626 Attachment: RELEASE OF LIEN (8) (3149 : SHIP ROL 5/23/17) 16.D.1.a Packet Pg. 627 Attachment: RELEASE OF LIEN (8) (3149 : SHIP ROL 5/23/17) 16.D.1.a Packet Pg. 628 Attachment: RELEASE OF LIEN (8) (3149 : SHIP ROL 5/23/17) 16.D.1.a Packet Pg. 629 Attachment: RELEASE OF LIEN (8) (3149 : SHIP ROL 5/23/17) 16.D.1.c Packet Pg. 630 Attachment: SAP BACK UP BCC 5.23.17 (3149 : SHIP ROL 5/23/17) 2944479 OR: 2994 PG: 2513 nem U 0111cm am of theta 01111, It 11111/201 of MUM 111110 1. Uttar till[ at 111 12.0 FanklcG.wtdlr 110/1111 "M 1110110111111111111 Ar'L oAn Cam Aa•r. I11a 0110 3*1 Tod" Tn 1 Md lfat Ulla aa1 ?4%*k FL 34113 File#02-096-IF Insk atom for neordiea AGREEMENT FOR WAIVER OF 200% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the W iv r � G, tt w 2002, by % t t en Collier C Florida, through its Board f C nt mei issionerti Michael & Jennifer Mac en u 1 r _ 1 the "Parties." C� r7l RECITA_ WHEREAS, Collier Ordinance No. Impact Fee Ordinance, as it may fujt camelif Fees is entered into this aL day of subdivision of the State of to as "COUNTY," and " collectively stated as Collier County Consolidated to time, hereinafter collectively referred to as ,Impact Fee Ordinance `p d s for waiver of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for the waiver of 100%v of the impact fees otherwise required to be paid, as allowed by the impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER's application and has found that it complies with the requirements for un affordable housing waiver of 100% of impact fees as set forth in the Impact Fee Ordinance; and OR. 2994 PG: 2514 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 WHEREAS, pursuant to Section 74-201. E.l.b, of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve u waiver of impact fees for OWNER in support of creating Affordable Housing, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. R �U NOW, THEREFO¢ , }� nsiderution of1e '�'goin 4 Recitals, and other good and valuable consideration, the Parties covenant and I. RECITALS IN(10$PORATED. The incorporated by rif#,O�e herein. 2. LEGAL (the "Dwelling Unit") is mutually acknowledged, are true and correct and are the dwelling unit and its site plan "A," and is incorporated by reference herein. 3. TERM. The terms of this Agreement apply for no longer than a period of fifteen (IS) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES, The OWNER represents and warrants the following: u. during the term of this Agreement, OWNER's household earnings will not exceed a low income as defined in the Impact Fee Ordinance, and the OWNER's monthly payments to purchase and pay for the Dwelling Unit OR: 2994 PG: 2515 will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home buyer; C. during the term of this Agreement, the Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $4,848.82, as set forth in attached Exhibit "B," incorporated by reference: and C. In return for the COUNTY waiving 1009E of the impact fees owed by OWNER, OWNER ether covenants and agrees to comply with the affordu�C�Y=inance �puct fu (wTtt y rqualification criteria detailed in the during the terlt hof itlis Agreement. 5. SUBSEQUENT OWNER sells subsequent puh%r.-1W'DWdI1jngV'u%, meeting the wating criteria setcase of any suchnsfer by gift of OWNER shall become h b04;thg iQ the term of this Agreement toithe impact fee waiver to a to persons or households Fee Ordinance. In the Unit, the succeeding qualified waived until the original fifteen year term expires, or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied, i.c,. the Dwelling Unit is sold or transferred to another qualified purchaser. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately paid to the COUNTY, except that after fifteen (15) years the waived impact fees no longer are required to be repaid. 3 OR: 2994 PG: 2516 7, LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of the waived impact fee shall constitute and he a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty -Eight dollars and 82/100 ($4.848.82), a3 set forth in attached Exhibit "B;' except that after fifteen (15) years the waived impact fees no longer are required to be repaid. This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this subordinate to eachf"i 0 in this Ag men , uh gc security interest suc Ih idfi-xi the Dwelling nit f n 8 that this lien si 8. RELEASE requirements at impact fees within the are to be considered junior, inferior, and of any term of the Unit. Except as elsewhere noted on the first mortgage or other paramount to the interest in or other person, except of this Agreement's or prior payment of the waived COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing such payment(s), including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall run with the land and be binding upon the Parties to this Agreement, their heirs, successors, and assigns 10, RECORDING. This Agreement shall be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager, 11. DEFAULT. OWNER shall be in default of this Agreement if. 0 OR; 2994 PG; 2511 a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thercufter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliunce, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER o:Ahe_ qualification a tty ti violate an ptsd �ions`of this fees wa' ed : half p iIdd lrt ll (30) da so w 'tte n tit c i - years t ivedefm ue`t=fs Jr b. Should t WNER otherwi default is the OWNER, Agreement, within ninety (1) full to comply with the said term of this Agreement'. or (2) the dollar amount of impact the COUNTY within thirty except that after fifteen (15) d to be repaid. of this Agreement, and the r mailing of written notice to a civil action to enforce the c. In addition, the lien may be foreclosed, or otherwise enforced by the COUNTY, by action or suit in law or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all tees and costs, including attorneys fees, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. 5 OR: 2994 PG: 2518 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. Witnesses (as:t�oo both): Print Name KeA�T nt ame �J STATE OF COUNTY( The foregoing Agn 002, b Michael & Jet (type of (NOTARIAL w, Ap proval Recom d d I Denton Baker. Interim Director Housing & Urban Improvement Michael MacMenamin OWNER 2; J nifer Mt enamin P JR co .211,_ day o Iy known to me or ptndu ed Acknowledgment ved • t form and I g sufti ' Patrick G, h to Assistant County Attorney OR: 2994 PG: 2519 COUNTY: COLLIER COUNTY, FLORIDA Bv., r THOM XTW767LIFF, COUN A AGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me thisday of J)_, 2002, by Thomas W. Oil iff, County Munager, on behalf of the COUN Y. He is personally known to go [NOTARIAL SEAL] ® Sign t Y BF.C7( my 0 {{�� Taking Acknowledgment OR: 2994 M 2520 EXHIBIT "A" LEGAL. DESCRIPTION LOT 119 OF THE JUBILATION SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 37, PAGES 4 THROUGH 7, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. EMS ImpactFee B. Correctional Facil' ie$ C. Library Impact F D., Parks Impact Fee E. Educational Faciliti S F. Road Impact Fee EXHIBIT "B" IMPACT FEE BREAKDOWN act $117.98 1 �0� S82 84 em Impact Fee 17 N TOTAL IMPACT FEES WAIVED 54,848.8E 8 Im, 5L -IL. ' r 5 � , ,5 i�.M,5..ye s'�;C. ,#�.0 H 5 �• _ ,� f•,T,�`/T].��`f �! Prepared byt Patrick G. white Au'L Cuakr County Att'y. 3.M1 Tam1uW Trait Nast Nopke, PG 31112 Flie# 0M50 -IF 3082894 OR: 3138 PG: 2601 RICORDID in OFFICIAL WORDS of COLLIER COONYY, FL 11/21/2002 it 10;17AN HIM 1. BROC1, CURL RIC FBI 37,50 Beta: FINANCIAL ADMIN i HOUSING INYNIOFFICI AM: LAORII BIARD)403-2334) This spaceror recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER CO UN ICY IMPACT FEES j FOR SINGLE-FAMMY AFFORDABLE HOUSING DWELLING This Agreement for the Dee i ntf° ()�Or ji ct Fees is entered into this 11 day of 2002 by d t�veen Collier Co) �� litical subdivision of the State of Florida, through its the Bo f C,guityZ"ommiwo ers, reiti fter referred to as "COUNTY," N and Habitat for Human{�y 'too( ��G,b��y,�1Tn �1leyxil � r referred to as "OWNER," collective) stated as the ' " ( / tfkV \/(/ WHEREAS, Collier inDy, Ordinance No, 20Ot-42//the Collier County Consolidated Impact Fee Ordinance, as amend -1 1�(-ft'may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and IV OR; 3158 PG; 2602 WHEREAS, an impact fee deferral agreement may 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 deferral; and WHEREAS, pursuant to Section 74-201, E.l.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support NOW, THEREFORE valuable consideration, thee' t the Parties covenant and a f 1. RECITALS IN O I incorporated by fe pc 2. LEGAL DESCR (the "Dwelling Unit') r; herein. Housing, of the t�gbing Recitals, and other good and :y-( whic �is�ereby mutually acknowledged, are true and correct and are herein. legal desctipC}}obf he dwelling unit and its site plan pep, 4s, whtbk A," and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit, During this term the Dwelling Unit must remain as affordable housing and may only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER's household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR; 3159 PG; 2603 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; Owner is a first-time home buyer; The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; OWNER is tate owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of 11 612,98, as set forth in attached Exhibit "B," incorporated by reference; and In return for the COUNTY deferring repayment of 100% of the impact fees owed by OWNER fitrt housing lcI Ord' arc ur S. SUBSEQUE TR7SI C which is subject to e t Unit shall be sols r criteria set forth in the the Dwelling Unit, the later than the expiration of the TERM, to comply with the affordable detailed in the Impact Fee r Ytt2EN C Ilf�ImwtER sells the Dwelling Unit mpact fee defel to W s went purchaser, the Dwelling 9s N.. to persons or hessq p d cheering the deferral qualifying Fee Qtdinagt<el�c�case of sale or transfer by gift of original—O OXER shall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the deferred impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Eleven Thousand Six 3 OR; 3158 PG; 2604 Hundred Twelve dollars and 99/100 f$11.612.98). as set forth in attached Exhibit "B," This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lienf r - tgt t tn7"tes . 8. RELEASE OF/L� U n satisfacto \co pletion of this Agreement's requirements, i Elu n///pay hn" the de et pa t fees, the COUNTY shall, at the expense of the n e d � \umentation evidencing such includ C� lea of j payment, q�, ut not limited to, tew 9. BINDING EFFE 's Agreement shoal -ih t e land and be binding upon the Parties to this Agree nil etr-heirs,succe ,:�/✓an/d assigns 10. RECORDING. This Agreemen -s :ill -b recorded by COUNTY at the expense of COUNTY In the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 4 OR; 3158 FG; 2605 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time ducting the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees deferred shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, the OUNTY may bring a civil action to enforce the Agreement. �� f�^CC�� C�/ c. In addit'dn,tf4e—lien�may be forec sed, or otherwise enforced by the I la -S COU Y, b jatJion r-si.'t in la or _ u i t including the foreclosure of a mortg ge real ro Y. C'OY sh I be entitled to recover all fees and co tss'ncluding attorne yrfees, plu ��erest at the statutory rate for t judgmen plated on a calen hT# ilei until paid. 5 OR; 3158 PG; 2606 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written, Witnesses: OWNER: Habitat for Humanity of Collier County, Inc. Samuel T. Durso, M.D., President STATE OF COUNTY OFF p�jQ -L6\V Qd The foregoing Agreement was ackt �vlte gFdp fore me this 1 — day of �ilJ� f1 2002, by Samuel J. Durso, M.D,,,Pte,i,;e'L f_HH''aditd or, Humanity of Collier County, Inc. He is personally known to me. (NOTARIAL Acknowledgment FLORIDA COUNTY MANAGER STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this -g day of Y\rNu a_ 'a 2002, by James V. Mudd, County Manager, on behalf of He is personally known to me. [NOTARIAL SEAL] Signature of Pe aking Acknowledgment 1,auren J Beard ;:CommiubniDD{390$4 �i� i•° Bxpl t 2�4, 2006 Approved as to form arff AM, A,utma cowb oRecommend A roval suffic' cy: Patrlck G, to Denton Baker, Interim Director Assistant County Attorney of Financial Administration & Housing OR; 3158 PG; 2607 EXHIBIT "A" LEGAL DESCRIPTION Habitat for humanity of Collier County, Inc. Lot 39, Block A, habitat Village, according to the plat thereof as recorded in Flat Book 37, Pages 48 through 51, inclusive, of the Public records of Collier County, Florida. Type of Impact Fee A. EMS Impact Fee B. Correctional Facil C. Library Impact F� D. Parks Impact Fee: E. Educational Facili EXHIBTT'B" IMPACT FEI stem Impact Fee F. Road Impact Fee CJF\ ! &s.00 rl c ll� G. Water Impact Fee $2,690.00 H. Sewer Impact Fee $2,840.00 TOTAL IMPACT FEES $11,612.98 F0WFm1u&AVftn=ts1AtMsgW 100% Dermal Ag=iml ((%16021012) 7 BOUNDARY SURVEY rml *a* OR; 3158 PG; 2608 MUSTINO 5' CONCH= SIDEWALK FULLER LANE TRACT "R" 60' RIGHT-OF-WAY (AX., D.E. AND C.U.E.) _ S 89'53'32"_E429,01' _ S 89'53'32" E 393.72' ns n9' I� EKISTINO 20' WIDE ASPHALT PAVEMENT l EIUSTINO E' WIDE CONCRETE Ig VALLEY GUTTER I$ 89°53'32"E 55.00'Iz 10' PUBLIC UTILITY EASEMENT O O ----- ——— — — — — — Do —— —— — ——— 00-------- ------ (G m t0 IO LOT 41 IAT 40 cO LOT 39 co LOT 38 LOT 37 BLOCK "A" BLOCK "A" 2 BLOCK "A" N BLOCK "A" BLOCK "A" t0 e0 OO 30' BUILDING LIMIT LINE ---------------------—- 7' DRAINAGE T - LO' D[WNAGS EASEMENT EASEMEN 89j53'�.UQ01 TRACT D-3 (DRAINAGE) --------------- -------------- 5' BUFFER EASEMENT TRACT B ( caPE BUFFER) N 89'63'32" W 89.53'32" 1Y 894,81' ,E ` LEGEND Cep= J Aro . w mnnmm a_�� wr eau �(� O 6A.�R . AHw1l YYtNllt MatY'L. m"+ 4 , �..IT{�� mt . mTeYi rYm m 0 een 6u. " m 4•' wa rw �rueo u x» � mm wm axx m�" it'�i.. oeroier�' VV�ww� ®ea .rem aeWt NOM: ADDRESS: 12109 FULLER LANE SCALE: t' - 30' ALL IMPROVEMENTS ARE E)Q=N0 UNLESS OTHERWISE NOTED. THIS SURVEY 19 SIGNED AND SEALED TO THE DATE OF FIELD WORK AS SHOWN. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VERTICAL DATUM, 1929 FIRM, PANEL No. 120087 0806 D INDICATES THAT THE PROPERTY 19 IN ZONE "AE", ELEVATION 7.0. BEARINGS ARE BASED ON THE RECORDED PLAT LISTED BELOW- CONTRACTOR/OWNER SHALL VERIFY CONSTRUCTION SETDACK RSSTHLCTIONS. ONLY EASEMENTS ON RECORDED PIAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON, L90AL DESCRIPTION: LOT 09, BLOCK "A" OF HABITAT VILLAGE, A SUBDIVISION AS RECORDED IN PLAT BOOK ST, PAGES 48 AND 49 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID PARCEL CONTAINING 3874.00 SQUARE FELT OR 0,05 ACRES MORE OR LESS. 1 HEREBY CERTIFY to: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THATAN ABOVE GROUND B SURVEY AND SKETCH URVEY U ARE ACCURATE TO THE DESCRIBED THE ABOVE R EST OFMYKNOWLEDGE AND BELIEF. PROPERTY WAS MOE FURTHMY DIRECTION THECERTIFY THAT THIS0 OFF ET SURVEY MES THE DA MINIMUM TECHNICAL STANDARDS IN SECTION 472.02T, FLORIDA STATUTES AS PER RULE CERTIFICATION 19 ONLY FOR THE LANDS AS DESCRIBED. IT IS NOT A CERTIFICATION OF TITLE, ZONING, EASEMENTS; 1188 SURUECT Too EASEMENTS. RESTRICTIOMM FROM ENCUMBRANCES OR NS (N`CLUDINON O CONSTRUUCTIIOON SETBACKSAS)AND RE MVt.Tt0CT NOr EP0 P�COOSURVEY DD- �/ p CErnnCATE Or At)NOWAT04 No. 1.8 6732 ANL 1 E QINEEFIIN® D.C.H. wcea: e.Y. ;+OT V/QID S n. P.S.M.ED Ml" SEN Devi Imen, F. /8278 ,, AND DESN IPJC. ant onow 76, 1 w r plCllM[R1N0, RANNIN0. IAKD Slk1YEYaq seu : t' . m' mn a nno ALIO IAIWSCAP[ A4CNytUp[u�C6itURC m,,,mtrmWWI mt.lom `^e w wa rmA we ""'m lkeprsd by: t'YrkkG. Wkae Arg. haler Cawy Aa'y. 3XI TWAIMW Trill ew N"" ta. 34112 2944585 OR; 2994 PG: 2971 nth in ontau Al= of mum t'OIR1, n 13101/202 It 11:19111 MOR 1. UM, CIM 1K 1111111 71.0 but 100Ini"M1111 fin 0/Una one 032331 Tbb, Vmv rW rK'Ordh* AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Warivr pucesntered into this 114duy of its 7 w 2002, by and between CollterjJC`oW tf, a political subdivisi� ot\ he State of Florida through its Board of County Commission rs. aft feetr�d to OUNTY," and Habitat for Humanity of Collier Count . In "a. e t NE ." collectively stated as the "Parties."�� f " RECITALS 0 WHEREAS, Collier Co hty�0 d`inunce No Collier County Consolidated Impact Fee Ordinance, as it may be fu rtt�g(jtjnen�, iro i ime to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - • OR: 2994 PG: 2972 WHEREAS, the impact fee waiver shall he 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 WHEREAS, pursuant to Section 74-201, E. I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing. and, WHEREAS, the Impact Fee Ordinunce requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in cPn dWi6nntofJW�T�regoing Recitals, and other good and valuable consideration, therec/er/ d sufficiency of IN F is hereby mutually acknowledged, the Parties covenant and agref�asoilmss t I. RECITALS INC/ R fA ISi oRb g t als re true and correct and are incorporated by fe 2. LEGAL DESCRI N. The legal descr'o'on I elling unit and its site plan (the "Dwelling Uni ''firs attached as Exhibit ' t d is incorporated by reference herein. � 3. TERM. The term of this Agrecmen s for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the . Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2994 PG: 2973 payments to purchuse and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance, b. OWNER is a first-time home buyer. C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Ten Thousand Four Hundred Twenty -Eight Dollars and Eighty Two Cents ($10,428.82), as set forth in the attached Exhibit "B;' incorporated by reference. and C. in return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, Oithh!b6CPr'Cc�► u is and agrees to comply with the Vs affordubl Io�'ng impact fee wui e a iftcation criteria detailed in the Impact ec rdinancee. 5. SUBSEQUENT R IS�AIf R sells the Dwelling Unit which is subject Eo1f 'PKK f g^ iter to s bs 4 nt purchaser, the Dwelling Unit shall be sold ref to persons or houses in he waiver qualifying criteria set forth in the Imp 0 Ordinance, In t � �g�t�sale or transfer by gift of the Dwelling Unit, the origt \Q ti `{fmuinliable for the impact fees waived until said impact fees are paid in fuffor until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of Ten Thousand Four Hundred Twenty- - 3 - OR: 2994 PG: 2974 Eight Dollars and Eighty Two Cents ($10,428.83), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN, f t u(itic b completion of this Agreement's requirements after fit eji -15) years from the ttdf issuance of the certificate of occupancy, or upo pri r y7t"wrthe-wGived im act ces, the COUNTY shall, at the expense of th C U`IT�' ss r s: ocu entation evidencing such payment or rele o en \ E 9. BINDING EFFE ti is Agreement shall w in - I1 nd and be binding upon the Parties to this Agree Q their heirs, success it 4 assigns, 10. RECORDING. This Agtnsil -:s al c tlet( by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - • OR: 2994 PG: 2915 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In I paid. IN WITNESS un action or Impact Fees on the date and year first above Witnesses: real OWNER: or otherwise enforced by the law or equity including the The COUNTY shall be attorney fees, plus on a calendar day this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COUNT B Samuel J. rso, M,D., President - 5 - OR: 2994 PG; 2976 STATE OF Floridy COUNTY OF Collier The foregoing Agreement was acknowledged before me this 19th day of February, 2002 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking -Acknowledgment tAuaett r. attAnD �!Mj myeommim acc?" Nr 1.K ).NDiMIY MN1MrwV'�a co STATE OF Florida COUNTY OF Collier The foregoing by Thomas W. 011iff, [NOTARIAL SEAL] Name of Lauren J. Beard Name of Acknowledger Typed, Printed or Stamped n Approval Recommende I r -(D 6 01�/ Denton Baker, Interim Director Housing & Urban Improvement COLLIER COUNTY, FLORIDA r ay of 2002 is personally known to me. Taking Ackno"teedg' cnt MARY F- BECK MY(1DMMM0N#CC2"M ijc—vtypcd�, Printed or Stamped proved as to form and g sufficie Patrick G. White Assistant County Attorney OR: 2994 PG: 2977 EXHIBIT "A" LEGAL DESCRIPTION LOT 69 BLOCK C, HABITAT VILLAGE, ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLAT BOOK 37, PAGES 48 THROUGH 31, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" Type of Impact Fee kpwunt Owed A. Library Impact Fee \ 214.00 B. Road Impact Fee 825.00 W C. Parks Impact Fee: � J A 820.84 D. EMS Impact Fee 93.00 E. Educational Facilities S : �'Z' act Fee � 5 1,778.00 F. Water Impact Fee C 2,740.00 G. Sewer Impact Fee 2,840.00 H. Correctional Facilities Impact Fee11 7.98 TOTAL IMPACT FEES WAIVED - 7 - $10,428,82 r OR: 2994 PG: 2978 fts co Oft lk •YY ca AIR* 0 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this)3tOay of 1999, by and .. between the Board of County Commissioners of Collier County, Florida, hereinafter referred to a o as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as A r 6 i b WITNESSETH: o r WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County r c r Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the o N l7 \ r Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County d Ordinance No. 91-71, as amended, t e-- a0.C�uvt rgency Medical Services System m ^ N Impact Fee Ordinance; Collier rdinance No. 92-Sf , as mended, the Collier County o Road Impact Fee Ordinance; d C IW oun�y O-rdin a No. 92- , as amended, the Collier N County Educational Facilitie Sy e'- a n ce ey may be further amended o 00 from time to time hereinaftedti 7f] t as " ct fqi Ordinance", provide for ? g waivers of impact fees for ne er-occupied dwelli uni quy ng as affordable housing; and WHEREAS, OWNER has ap 1�1'e� fof sive gftti�a t fees as required by the Impact Fee Ordinance, a copy of said application beiig- n ile in the office of Housing and Urban H YI r Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's v W 00 application and has found that it complies with the requirements for an affordable housing waiver o of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall he 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 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-J'IQ_ at its regular meeting ofVQV�_, 1999; and - 1 - 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: 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 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 wi -the-staridards set forth in the appendices to the O Impact Fee Ordinance for a period of -t�"ea to ing from the date the certificate of occupancy is issued for the Dw Ilin nit. a- 4. REPRESENTATIO S N CIE . OWN r resents and warrants the an o following: a. The Dw li]r it it s� sod a h C' ith a very low income as defined rr appendices to th Im a �C Ordinance and his/her N monthly pa Qn� o purchase the i�w 1T rig Unit shall be within the p affordable housin ein the appendices to the Impact Fee Ordinance; 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 occupancy 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 $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - C 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 be sold only to households 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 ot'occupancy is issued; mid if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which ji --may be foreclosed upon in the event of non-compliance with the 8. RELEASE OF requirements and fifteen (15) upon payment of the waived record any necessary documt limited to, a release of lien. 9. BINDING Agreement and their respective heirs, - - v o 50 satisfactory om letion of the Agreement N issu cc of t e c ificate of occupancy, or 00 t, t e e pence of the COUNTY, !'I h A inat'o o f lien, including, but not o `o .0 0 ce, hent shall �e�bii ing upon the parties to this ,l(rs, 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 Section 8 are satisfied. 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. II. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and I` qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the 3 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 thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid, Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other persq_n_except the lien for County taxes and shall be on I IR parity with the lien of any such tt tomes 61 p�OWNER be in default of this Agreement and the default is n � d within (30) days a F w 'tten notice to OWNER, the Board may bring a civil action to a foreA-ai a e- mens. n addition, the lien may be foreclosed or otherwise enforced by th C yaacc io o u' iy a for the foreclosure of a mortgage on real property. i e i sMn In iv with_ o a right or remedy available to the COUNTY. The Board s 4 a entitled to recove II e a costs, including attorneys fees, incurred by the Board in this agreement, crest at the statutory rate for judgments calculated on a calendar day ba440I IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: Z --�— HABITAT FOR HUMANITY OF Print Name_ m _cwt: COLLIE COUNTY, INC. nt Name,a,.,,o r ' - harles C. S V' a Prest ent - 4 - STATE OF Florida ) COUNTY OF Collier _ ) The foregoing instrument was acknowledged before me this � day of 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL]gnature of Person Taking A rowledgment JOANNE DArnuT rp01"'�10N"Ram of Acknowledger Typed, Printed or Stamped DATED1j�t`1 pAF COUNTY COMMISSIONERS ATTEST:�� OUNTY, FLORIDA O� DWjt^�rW9qARPCK, Clerk SCJ 00 •tlil+ g t!A1311'ti . M C'KIE, CHAR OMAN 8,W9Wibrmcand NO. wliiciency a c 1'" ' 1 .1 IV V er r F. Aahton Assistant County Attorney �] jd/gwJclnspl wwwnddnlagree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 9, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. couu C�o v N ewm ' N fw. JL C.•Nr •itaSci�'y H. J.sfi Jai JY:R�.iii l �ili`i. f..1.JwA •.. If M/.I r. NU. NrN .tiY!�IF M A -4r (3ooK I, PA6 3 sc r -•, I I t1 u C i 2 6 If. AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisj� of � 1999, by and between the Board of 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. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; 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 Medical Services System amended, the Collier Coun 92-33, as amended, the Col they may be further amend, Fee Ordinance", provide f qualifying as affordable hou WHEREAS, OWNER has (i dLut the Collier County Emergency Ordinance; C'ollit. Ordinance No. 92-22, as pa tee Ori' a cc; an Clier County Ordinance No. ] c it c i to Impact Fee Ordinance, as ina r 1 &i ely referred to as "Impact of impact fees r e er-occupied dwelling unit fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing o 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 impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99 -fes at its regular meeting of _, 1999; and - 1 - 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: 1. RECITALS INCORPORATED. The foregoing recitals are true and COI O and shall be 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 aftordable 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?N11 ets�m„mencing from the dote the certificate of occupancy is issued for the DwT.tJ4. REPRESENTATI NSWAJRRANTIES. O N represents and warrants the following: a. The e in Un t shah b d o se old with a very low income as define the appendices t the p cc Ordinance and his!her monthl ents to purchase e D g Unit shall be within the !PC affordable r` uidelines eta h� in the appendices to the Impact ^� Fee Ordinance; ��E CIVI, m 'v b. The Dwelling Unit shall be sold to a first-time home buyer; N C. The Dwelling Unit shall be the homestead of owner; rn a.o d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy 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 $7,140.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - 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, G. 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 COUNTI'. 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 requireme t. oir h 8. RELEASE OF Upon satisfact mpletion of the Agreement requirements and fifteen (15 ye s a,, er4 e a e a ' s ance 'the certificate of uccupancy, or upon payment of the waive i a h I a thr expense of the COUNTY, record any necessary docu Obt h tem, to i &F he lien, including, but not limited to, a release of lien. 9. BINDING EFF his Agreement sha �e*�riding upon the parties to this Agreement res es, successors and assigns. In the gree and their respective her �� , 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 Section 8 are satisfied. 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 atter 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 affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - 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 %iolate any provisions of this Agreement, the impact fees waived shall be paid in till by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees �%aived shall constitute a lien on the Dwelling Unit commencing on the ef7ectiwe date of this Agreement and continuing for fifteen (IS) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of arty owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such Cpit .Co t t1 the OWNER be in default of this Agreement and the default is nf/c�tt dvwithin (30) days t vritten notice to OWNER, the Board may bring a civil actio to f&r`ce_his\agreemm In a itio , the lien may be foreclosed or otherwise enforced by th C c . u ity -s for the tbreclosure of a mortgage on real property. e e is cn I t e wit a y Pic right or remedy available to the COUNTY. The Board$ be entitled to reco all fe costs, including attorneys fees, incurred by the Board info ing this agreement, Ii�0crest at the statutory rate for judgments calculated on a calendar dabs t' IN WITNESS WHEREOF, the partieshave executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: STATE OF Florida ) COUNTY OF Collier ) 4 OWNERS: HABITAT FOR HUMANITY COLLIEI#'COUNTY, INC,J n C ar es C. The foregoing instrument was acknowledged before me this >j day of , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, c. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowlcd ent Name of Acknowledger Typed, Pripfed or Stamped ,y JOANNE DALaEY MYCOMM=()14ICC7 Mir �ja M1 FYl'IaEk 07/!a'D00J I MM45 NOTARY tb'.Y 3..41 Co DATED: 1 /999 BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. ]3ROCK, Clerk � 1 co AM A . MAC'KIE, AIRWOMA Attest as to Chafrnw $ j 5119"tw•t only. t y Approved as to form and [�1! legal sufficiency" eidi F. Ashton 0 Assistant County Attorney T v C� ( Acinaples manor addiilagree/bk I 310 14 - 5 - N OR: 2578 PG: 2573 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, BLOCK l?, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ®��IE CY1a�� - 6 - OR: 2518 PG: 1444 x* OR: 2518 P� 5��, � EXTEi ISEGIN AGKNOWI_EDGMCNT � ')"T CATION E STATG or rkow{DA couNTv or Pell ,&SC wwCSCNTS♦ THAT TNN., { MLNcav CLP r, THAT ON TRIM OATL wa O Q D .i� DwwOwAT10N INoC" KON ICTT=DLN►wC iIOCNT RANO iCGNLTAI•v w %PLCTIVC—Y Dor 9'93 ,wNCN• Or �RP•V9� T.AJOCP TMC fANC TO SL Tw AM. OCVGLO/Cwf TVC, A coww0w A710N VNOCw TTLO Al fHOWN�wNor - THwG SQN• V✓MO T �CxLCVGO .TMC r0 cocwa DGD{C 4 r,C To Me ►cwwtTVAL usee a C TwiC Tl, AVCNUtf, ANO {,.ANGY TION AND TMC V AGKNpY...000 CO. THC GMLCUTON Or TNLf1{ V*CORCOr THC YwAM1. SAMC TO or. TTC{w /NCC ^N ANO DGLD AS SA{D Orr{Gcw• rOIY THC �%f Lf AND w�NwoK♦ TH1, NC` f wwc%o TMH OLO{G •. TaDN IN MG NT{01+GD wN0 YHAT •A1D DCDircwu N {S f wwCbWC 9 I IID IT► CONS COA TL{TLD fT IT7 •LC- THG ACT AIaD DLCO Or 1wAll OCV0.0rCw7 INC • Oi A D. N00 AT pA{O C•..1w1-4;tw� , R M-li(-t INT a ILONIDM.. _ `( �-p p TNAIL DCVLLOPCOO ING co,{ • OuTIT Y, rbOR10 ! N• O'�fLtiL '.'.,,.. IA JI '� 77 0 •tAw!►N LMT _4 I �� ITr • I sa • ~ �{• , V\ LOC H ♦ 1 V L �' T� a / 60 16 Aw err •1 { i <. la.a ••,� ''',.. 1. , � ♦O .,, ot7o, 41 If 40 91 1(16 91 4 9 00 4. I v G• G A`1 ' `�h • I' •+ ~' fir. •v \ v 1 y,.�pe L--1 Prepared by: Patrick G. White Asst. Collier Coualy Att'y. 3301 Tandaral Trail East Naples, FL 34112 File# 04 -003 -IF 3290132 OR: 3436 PG: 3399 RBCORDND in OFFICIAL RICORDS of COLLINR COUNTY, FL 11/01/2003 at 03:01H DWIGHT B. BROCK, CLINK RFC FEB 37.50 DO: FINANCIAL ADMIN b HOUSING FICA UP LAUREN BRAND 403-2338 This space for recording AGREEMENT FOR DEFERRAL OF 100% OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING This Agreement for the Defe iq , o act Fees is entered into this a day of Ctlrl-r-,%s� , 2003 by nColl t 'pA olitical subdivision of the State of Florida, through its the Boar ofunty C@_rmnissi ers, hbt ein ter referred to as "COUNTY," of and Habitat for Humanit of r �nF r afte referred to as "OWNER," collectively stated as the " arti WHEREAS, CollierOrdinance No. 2004 Collier County Consolidated Impact Fee Ordinance, as amend �l�y 4 an astay be further amended from time to time, hereinafter collectively referred to as act Fee Ordinance," provides for deferrals of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a deferral of 100% of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Financial Administration and Housing Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 100% deferral of impact fees as set forth in the Impact Fee Ordinance; and 1 OR; 3436 PG; 3400 WHEREAS, an impact fee deferral agreement may 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 deferral; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances (Code of Laws), the County Manager is authorized to execute certain Impact Fee Deferral Agreements; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, and WHEREAS, by signing this Agreement, the County Manager will approve a deferral of impact fees for OWNER in support of NOW, THEREFORE, valuable consideration, the r c< the Parties covenant and ag ee z 1. RECITALS IN 0�1 incorporated by 2. LEGAL DESC (the "Dwelling Unil herein. id -sufficiency of >w I herein. The legal desc kt hed• "xlu Housing. oing Recitals, and other good and is ereby mutually acknowledged, are true and correct and are dwelling unit and its site plan and is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. During this term the Dwelling Unit must remain as affordable housing and may only be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed the limit for low income as defined in the Impact Fee Ordinance, and the OWNER's monthly 2 OR: 3436 PG: 3401 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. Owner is a first-time home buyer; i C. The Dwelling Unit is, and will remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of $13.149.98, as set forth in attached Exhibit `B," incorporated by reference; and e. In return for the COUNTY deferring repayment of 100% of the impact fees owed by O '1 no later than the expiration of the TERM, OWNER e d�a es to comply with the affordable R Co a housin im ct fee deferral qualific on teria detailed in the Impact Fee Ordin c dunn� Q t ,sari of rlu� Agreclne 5. SUBSEQUE TF� .YTf j� R sells the Dwelling Unit which is subjec h pac a alt t+e uent purchaser, the Dwelling Unit shall be so to persons or s Ids eefing the deferral qualifying criteria set forth in th ee st Fee Ordin ccr� - a case of sale or transfer by gift of the Dwelling Unit, the onshall remain liable for the impact fees deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the deferred impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that, commencing on the effective date of this Agreement and continuing until paid or released, the dollar amount of deferred impact fee shall constitute and be a lien on the Dwelling Unit in the amount of Thirteen Thousand 3 OR; 3436 PG; 3402 One Hundred Forty -Nine dollars and 98/100 ($13.149.98), as set forth in attached Exhibit `B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner she, tenant, mortgagee, or other person, except that this lien shall be o �� fi t r ounty taxes. 8. RELEASE OF on satisfacto �co pletion of this Agreement's requirements, in ud' g payor t f the de erred i pa t fees, the COUNTY shall, at the expense of he O Yl reico� e ar d umentation evidencing such payment, includ �; u of h d t , lea 9. BINDING EFFE 's Agreement sh ru I e land and be binding upon the Parties to this AgreeQ r heirs, succ p s d assigns 10. RECORDING. This Agree sal Gcorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement and the impact fees immediately deemed to be delinquent and in default in accordance with Code of Laws Section 74-501 of the codified Impact Fee Ordinance if. a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due plus an additional 10% delinquency fee and any interest due from the date that those impact fees would otherwise have become due as set forth in Code 4 OR: 3436 PG: 3403 of Laws Section 74-501, B. within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any proviis�ionnss oMis eement, then the dollar amount of impact fees deferred s1 113 atdi RW9_VJ,NER to the COUNTY within thirty (30) days vhjVen notification of sai `iola 'on. b. Should he of ise in d auof this Agreement, and the default s n c re w t n s aft r mailing of written notice to the O �te ay � civil action to enforce the c. In addition, �i)emay be f re`tslbs d, or otherwise enforced by the COUNTY, by actio Ct- �w or equity including the foreclosure of a mortgage on real property. The COUNTY shall be entitled to recover all fees and costs, including attorneys fees, plus interest at the statutory rate for ! judgments calculated on a calendar day basis until paid. E OR; 3436 PG; 3404 IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first above written. in t esses: Habitat fo uma�' ounty, Inc.Nam�&&� By: Samuel urso, M.D., President STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing Agreement was Samuel J. Durso, M.D., President o .f known to me. [NOTARIAL '011j•a iuliette I• .00�Coinon o' �AO �gppd¢0 COLLIER COUNTY, J STATE OF FLORIDA) before me this � day ofa, 2003, by i)ity of Collier County, Inc.. He is personally Acknowledgment z COUNTY COUNTY OF COLLIER) The foregoing Agreement was acknowledged before me this � day of 2003, by James V. Mudd, County Manager, on behalf of the COUNTY. He is personally known to me. , \ A [NOTARIAL SEAL] Sign ure of Person -T -ding Acknowledgment ;04,nP Lauren J. Beard ? ' Commission#DDI59084 .P. Expires: Oct 24, 2006 Bonded lip, Approved as to form and Atlas"e Bonding Co., i'Rec mmend Approval 1 a of ci cy:,� / Patrick G. White Denton Baker, Director of Assistant County Attorney Financial Administration & Housing OR; 3436 PG; 3405 EXHIBIT "A" LEGAL DESCRIPTION Habitat for Humanity of Collier County, Inc. Lot 55, Charlee Estates, as recorded in Plat Book 40, Page 1, of the Public Records of Collier County, Florida. EXHIBIT'S" IMPACT FEE BREAKDOWN Type of Impact Fee A. EMS Impact Fee B. Correctional Facilifes C. Library Impact Fe D. Regional Parks Irn at e E. Community Parks T 1 F. Educational Facilities 6 G. Road Impact Fee H. Water impact Fee I. Sewer impact Fee TOTAL IMPACT FEES $117 Impact Fee cm? $2,570.00 $2,950.00 $13,149.98 PGWFo=s&.Agre ments/AftHsgnh00% Deferral Agreement(0307031100) 7 SO° `Vci ? ` `Op,�S£S, o°,% O• i ., Or 39.q pry` o �`, £��, ; h`'' ; /000 CO >p h�` X00 ° o �O�s 1/0! Ss, �OOc `Cii 4 / °0L) t- o -°°S susN', �/ °Q°� Q a o w ; COY) S£N. \°,ry o Z vwi .� '00• N Q W ` 00 O° ' f�X \•�+ �y o `006£ o0 1.17 00 h � 41 JO wcjsz LLJ / / O• .O i co S£ 00 LZ Qr LO ! Q Td fN hO. a°Os£°°` o W Y �0 GR;, 3436 PG; 06 w 2 i V) 00 w zLj 4.i ' w �- a z 6 O�o P m w `Y / �d �O� (o Za+o °o J V) p� h, �p O p N z to w----7.9 •0 4i z m a N O°i O°• 2J' h'�': /x`00 00/ , d SO° `Vci ? ` `Op,�S£S, o°,% O• i ., Or 39.q pry` o �`, £��, ; h`'' ; /000 CO >p h�` X00 ° o �O�s 1/0! Ss, �OOc `Cii 4 / °0L) t- o -°°S susN', �/ °Q°� Q a o w ; COY) S£N. \°,ry o Z vwi .� '00• N Q W ` 00 O° ' f�X \•�+ �y o `006£ o0 1.17 00 h � 41 JO wcjsz LLJ / / O• .O i co S£ 00 LZ Qr LO ! Q Td fN hO. a°Os£°°` o W Y AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES f+4; This Agreement for the Waiver of Impact Fees entered into this4 day of .ef 1997, by and � S between the Board of County Commissioners of Collier County, Florida, hereinafter referred to >° as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." a WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; a N Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational r.a ^ ocn Facilities Impact Fee Ordinance; -1 i r IfiS No. 91.71, as amended, the Collier oNo County Emergency Medical S r� System Impact Fee Edi cc; Collier County Ordinance V0 No. 92-22, as amended,th C li ie y Road 1 act F e dinance; and Collier County Ordinance No. 92-33, as a en `d �e ty o al acilities System Impact Fee ^' Ordinance, as they may be flint e�r_Qdry ti ie to m tel after collectively referred to -�- as "Impact Fee Ordinance", arta 'dc for waivers of i ct ee ew owner -occupied dwelling c .sib unit qualifying as affordable h Yin and WHEREAS, OWNER has I� ` r � �r� pact fees as required by the Impact 211 Fee Ordinance, a copy of said application on file to the office of Housing and Urban " 11 Improvement; and P � WHEREAS, the County Manager or his designee has reviewed the OWNER's application a and has found 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 impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-j.2.�L_ at its regular meeting of 1997; and 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: 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 Unit") is 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 accordanc��)i�tist� dards set forth in the appendices to the Impact Fee Ordinance for a pet' Jf (15) ye � i j ncing from the date the certificate of occupancy is issued for th Dw ing Llni . 4. REPRESENT 10 D - I S_ E represents and warrants the following: E-+ a. The ling Unit shall be s to a ho q d with a very low income as define "i ►� he appendices t e a ((/ Fee Ordinance and his/her monthly Es to purch s� elling Unit shall be within the tN affordable houst dtddltnt stablished in the appendices to the Impact Fee Ordinance; 0 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 occupancy 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, - 2 - 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 be sold only to households 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. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreementi,.Ny i "i)�l be foreclosed upon in the event of non-compliance with the 8. RELEASE requirements and fifteen upon payment of the waiv record any necessary docu limited to, a release of lien. 9. BINDING this evidencing Agreement and their respective heirs, of the Agreement certificate of occupancy, or expense of the COUNTY, the lien, including, but not binding upon the parties to this 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 Section 8 are satisfied. 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 affordable housing standards and - 3 - 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 thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or of et r- : oq ei st the lien for County taxes and shall he on parity with the lien of any sstt Agreement and the default '� 1 Board may bring a civil ac on or otherwise enforced by N mortgage on real property. to the COUNTY. The Boar fees, incurred by the Board in i'taxes. "Shq a OWNER be in default of this t urc& 'thin (30) days er ritten notice to OWNER, the ennfgxce ' a e ec iti n, the lien may be foreclosed �iJNJJ Y by a is 't uit as for the foreclosure of a remedy is cornu a dye wt aq er right or remedy available ,%beentitled to rc6d r�nl eke and costs, including attorneys ing this agrei (1p1�i�yJfinterest at the statutory rate for judgments calculated on a calendar IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: 1 141 Z� Print Name Z),4,ge., ,t: /l _ / riot Name L/✓�, � „ %)�,c.•3 r. OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. B`j harles G. Smit ,Vice dent - 4 - DATED: ATTEST: DWIGHT BROCK, Clerk ,4p}oved a to forIn and lega9%ut'��i>rllb�y .i"I'id.J l l l Heidi F. Ashton Assistant County Attorney STATE OF Florida ) COUNTY OF Collier—) The foregoing instru by Charles C. Smith, Vice to me. [NOTARIAL SEAL] Si Nan jd/gm/c/nsples manor lakes/agree BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy L. cock, Chairman before NOTARY PURUC STATE OF FIAT COMMMSION NO. CLW"" - 5 - 1&e_ day of 1997, nanity, Inc, is pe natty known Stamped EXHIBIT "A" LEGAL DESCRIPTION LOT 20 OF BLOCK 12, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. li \Z -c L l? - V: N AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this Way of:! to 1997, by and ro H A b between the Board of County Commissioners of Collier County, Florida, hereinafter referred to o " as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." 0 WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County g Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Q a Ordinance No. 88.97, as amended, the Collier County Library System Impact Foe Ordinance; +� N Collier County Ordinance No. 88-9_,�r tY t�Vlfer County Parks and Recreational m Facilities Impact Fee Ordinanc , 'er County Ordinanc 1 6. 1-71, as amended, the Collier r o County Emergency Medical erv' esSy is mim acR I Ordi ne ' Collier County Ordinance ed, th C dte n}R a tp t rdi once; and Collier County No. 92-22, as amend ., Ordinance No, 92.33, as am �d �ier n Edit at n M cilities System Impact Fee N Com] Ordinance, as they may be fu mended from time tin � after collectively referred to p o o �n as "Impact Fee Ordinance", proe `waivers of impact �1d new owner -occupied dwelling o unit qualifying as affordable housing,c}� r WHEREAS, OWNER has applied for a waiver of impact fees us required by the Impact 8 M Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and _ 0 WHEREAS, the County Manager or his designee has reviewed the OWNER's application S b and has found 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 impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97 -/)/,?6 at its regular meeting of _ av+.. !!tib 1997; and 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: 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 Unit") is 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 accord ncOk- �i-Ch—olp ards set forth in the appendices to the Impact Fee Ordinance for a pari en (15) years cing from the date the certificate of occupancy is issued for the�l�w 1' {ng-t1nti 4. REPRESENTA Y101 S-AN=.p��E E represents and warrants the following: { Q � ) jj_F" a. The I iing Unit shall be sol to a ou with a very low income as definet" to appendices to 11 p I Fee Ordinance and his/her monthly p n topurchas b citing Unit shall be within the affordable housin� ttYteln— shl lished in the appendices to the Impact Fee Ordinance; 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 occupancy 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, - 2 - 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 be sold only to households 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. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreemcnt;,xh icep, e foreclosed upon in the event of non-compliance with the requir Q this Agreeme 8. RELEASE fN:"—UPQtt_ sat' acto co pletion of the Agreement requirements and fifteen (1 e t a a c th certificate of occupancy, or upon payment of the waiv d i let v s, t Y h 1, t th expense of the COUNTY, record any necessary docu tion evidencing th elmi an d the lien, including, but not N limited to, a release of lien, 9. BINDING EFFE Arg qwn s binding upon the parties to this .b Agreement and their respective heirs, pe sonal-repr sentatives, successors and assigns. In the 0 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 Section 8 are satisfied. 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 affordable housing standards and - 3 - 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 thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing oil the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or .� t ien for County taxes and shall be on parity with the lien of any s c unty taxes. Shout WNER be in default of this Agreement and the default ' n c ttdz ithm ys aft w 'tten notice to OWNER, the Board may bring a civil act on a fo t i a r en . 1 do , the lien maybe foreclosed or otherwise enforced by t A 'il n r su' i edit as for the foreclosure of a o C ?d mortgage on real property, i emedy is cumulati it a er right or remedy available N to the COUNTY. The Board s It�b entitled to recover fe and costs, including attorneys W fees, incurred by the Board in enforci grrjrjsr gus interest at the statutory rate for judgments calculated on a calendar day basis until paid. r—� IN WITNESS WHEREOF, the parties have executed this Agreeent for Waiver mo of Impact Fees on the date and year first above written. Witnesses: L� nt Name Lp vir„< r sair.- rint Name . T„ani J�, a OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. Bx: i4Prest — ( Charles C. Smith, V ccin 4 - DATED: `�J yr . r. i,��9i BOARD OF COUNTY COMMISSIONERS ATTEST:. COLLIER COUNTY, FLORIDA DW1,(JHT`,1 �kbQK, Clerk -'--7 Timothy L ancock, Chairman ApprovAed gst'td,1(u6t'i and legal sufficiency Heidi F. Ashton Assistant County Attorney cou STATE OF Florida -) COUNTY OF Collier ) The foregoing instru en was acklYgw ed be re me his day of 1997, by Charles C. Smith, Vice Pre de tt o a a f um nity, Inc. He is personally known to me. � �� [NOTARIAL SEAL] Sig of Person Taking n ent Name of A o g ge� c, rhe r Stamped . a eTAYE OF ri C319M98 ►-+ NU. c<. v s ~ jd/gm/c/naples manor lakes/agree — 5 — EXHIBIT "A" LEGAL DESCRIPTION LOT 36 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. [a - 6 -