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Agenda 06/13/2017 Item #16D 106/13/2017 EXECUTIVE SUMMARY Recommendation to approve a R elease of Lien for the combined amount of $113,956.08 for 29 properties developed by Immokalee Habitat for Humanity, Inc. that have remained affordable for the required fifteen-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. OBJECTIVE: To support the affordability of housing in Collier County through the SHIP Impact Fee program. 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 an Agreement for Waiver of Collier County Impact fees, more commonly known as a SHIP impact fee deferral agreement with the owner or applicant. Under the 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 applicant and defers the SHIP repayment to the applicant until the property is sold, refinanced, or no longer their primary residence. The Dwelling Unit is be utilized for affordable housing for a fifteen-year period after the issuance of the certificate of occupancy. The following table provides details regarding the Immokalee Habitat for Humanity, Inc. associated liens that have met their fifteen-year affordable housing obligation. As such, a Release of Lien is required. Approval of these items will authorize the Chairman to sign the aforementioned Release of Lien, and the executed document shall be recorded in the Public Records of Collier County, Florida at the cost of the County. Legal Description Recording Date SHIP Impact Fee OR Book & Page Certificate of Occupancy Date Lien Forgiveness Date Lien Amount to be Forgiven Lot 1, Bullard Subdivision 1/16/1997 2272/1771 8/26/1997 8/26/2012 $3,929.52 Lot 3, Bullard Subdivision 1/16/1997 2272/1783 8/26/1997 8/26/2012 $3,929.52 Lot 4, Bullard Subdivision 1/16/1997 2272/1789 6/17/1998 6/17/2013 $3,929.52 Lot 5, Bullard Subdivision 1/16/1997 2272/1795 6/17/1998 6/17/2013 $3,929.52 Lot 6, Bullard Subdivision 1/16/1997 2272/1801 6/17/1998 6/17/2013 $3,929.52 Lot 7, Bullard Subdivision 1/16/1997 2272/1807 8/26/1997 8/26/2012 $3,929.52 Lot 8, Bullard Subdivision 1/16/1997 2272/1813 8/26/1997 8/26/2012 $3,929.52 Lot 10, Bullard Subdivision 1/16/1997 2272/1825 1/14/1998 1/14/2013 $3,929.52 Lot 11, Bullard Subdivision 1/16/1997 2272/1831 1/14/1998 1/14/2013 $3,929.52 Lot 12, Bullard Subdivision 1/16/1997 2272/1837 3/18/1998 3/18/2013 $3,929.52 Lot 13, Bullard Subdivision 1/16/1997 2272/1843 3/18/1998 3/18/2013 $3,929.52 Lot 14, Bullard Subdivision 1/16/1997 2272/1849 5/28/1998 5/28/2013 $3,929.52 Lot 15, Bullard Subdivision 1/16/1997 2272/1855 5/28/1998 5/28/2013 $3,929.52 16.D.1 Packet Pg. 717 06/13/2017 Lot 16, Bullard Subdivision 1/16/1997 2272/1861 6/17/1998 6/17/2013 $3,929.52 Lot 17, Bullard Subdivision 1/16/1997 2272/1867 10/9/1998 10/9/2013 $3,929.52 Lot 18, Bullard Subdivision 1/16/1997 2272/1873 10/9/1998 10/9/2013 $3,929.52 Lot 19, Bullard Subdivision 1/16/1997 2272/1879 11/6/1998 11/6/2013 $3,929.52 Lot 20, Bullard Subdivision 9/3/1998 2457/2738 3/29/1999 3/29/2014 $3,929.52 Lot 21, Bullard Subdivision 9/3/1998 2457/2745 3/29/1999 3/29/2014 $3,929.52 Lot 22, Bullard Subdivision 9/3/1998 2457/2752 3/29/1999 3/29/2014 $3,929.52 Lot 23, Bullard Subdivision 9/3/1998 2457/2759 3/29/1999 3/29/2014 $3,929.52 Lot 24, Bullard Subdivision 9/3/1998 2457/2766 3/29/1999 3/29/2014 $3,929.52 Lot 25, Bullard Subdivision 9/3/1998 2457/2773 4/14/1999 4/14/2014 $3,929.52 Lot 26, Bullard Subdivision 9/3/1998 2457/2780 4/14/1999 4/14/2014 $3,929.52 Lot 27, Bullard Subdivision 9/3/1998 2457/2787 5/26/1999 5/26/2014 $3,929.52 Lot 28, Bullard Subdivision 9/3/1998 2457/2794 5/26/1999 5/26/2014 $3,929.52 Lot 29, Bullard Subdivision 9/3/1998 2457/2801 5/26/1999 5/26/2014 $3,929.52 Lot 30, Bullard Subdivision 9/3/1998 2457/2808 6/3/1999 6/3/2014 $3,929.52 Lot 31, Bullard Subdivision 9/3/1998 2457/2815 6/3/1999 6/3/2014 $3,929.52 TOTAL $113,956.08 FISCAL IMPACT: There is no fiscal impact associated with the Release of Lien . The $10 recording fee will be paid by SHIP Grant Fund 791, Project 33467. LEGAL CONSIDERATIONS: This item is approved for form and legality and required a majority vote for Board approval.-JAB GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: To approve and authorize the Chair woman to sign a R elease of Lien for the combined amount of $113,956.08 for 29 properties developed by Immokalee Habitat for Humanity, Inc. that have remained affordable for the required fifteen-year period set forth in the SHIP impact fee deferral agreements. Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division ATTACHMENT(S) 1. Release of Lien- Habitat -Bullard (PDF) 2. [LINKED] Lots 1 to 3 to 8 to 10 to-31 Bullard Subdivision (PDF) 3. HfH-Bullard SHIP IF (XLSX) 16.D.1 Packet Pg. 718 06/13/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 3157 Item Summary: Recommendation to approve a Release of Lien for the combined amount of $113,956.08 for 29 properties developed by Immokalee Habitat for Humanity, Inc. that have remained affordable for the required fifteen-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements. Meeting Date: 06/13/2017 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 05/03/2017 4:24 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 05/03/2017 4:24 PM Approved By: Review: Public Services Department Joshua Hammond Additional Reviewer Completed 05/08/2017 8:47 AM Public Services Department Kimberley Grant Additional Reviewer Completed 05/08/2017 10:13 AM Public Services Department Sean Callahan Additional Reviewer Completed 05/08/2017 12:05 PM Community & Human Services Leslie Davis Additional Reviewer Completed 05/11/2017 10:38 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 05/11/2017 1:55 PM Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 05/19/2017 2:42 PM Grants Erica Robinson Level 2 Grants Review Completed 05/22/2017 12:32 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/23/2017 11:55 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/24/2017 4:15 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/24/2017 4:29 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/25/2017 9:34 AM Budget and Management Office Ed Finn Additional Reviewer Completed 05/30/2017 11:24 AM Grants Therese Stanley Additional Reviewer Completed 06/02/2017 11:26 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/04/2017 11:21 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM 16.D.1 Packet Pg. 719 16.D.1.a Packet Pg. 720 Attachment: Release of Lien- Habitat -Bullard (3157 : Release of Lien-Bullard-SHIP IF) 16.D.1.a Packet Pg. 721 Attachment: Release of Lien- Habitat -Bullard (3157 : Release of Lien-Bullard-SHIP IF) Habitat for Humanity Bullard Subdivision SHIP Impact Fees -Release of Lien Le gal Description or Address Subdivision Organization Name/Recipient name Folio Address Owner Same Owner Yor N Homestead Y or N File No. Or Recording date Certificate of Occupancy Date 15 year affordabilty end date Lien (OR/Pg )Amount SOWOH= Same Owner without Homestead SOH=Same Owner Lot 1, Bullard Subdivision Bullard Habitat for Humanity 25000000043 4273 Little League Ct Dube & Marie Benjamin Y Y 1/16/1997 8/26/1997 8/26/2012 2272/1771 3,929.52$ SOH Lot 3, Bullard Subdivision Bullard Habitat for Humanity 25000000085 4272 Little League Ct Juana Ledesma Y Y 1/16/1997 8/26/1997 8/26/2012 2272/1783 3,929.52$ SOH Lot 4, Bullard Subdivision Bullard Habitat for Humanity 25000000108 4324 Little League Ct Porfirio & Elitama Aburto Y Y 1/16/1997 6/17/1998 6/17/2013 2272/1789 3,929.52$ SOH Lot 5, Bullard Subdivision Bullard Habitat for Humanity 25000000124 4320 Little League Ct Nieto, Dina Y Y 1/16/1997 6/17/1998 6/17/2013 2272/1795 3,929.52$ SOH Lot 6, Bullard Subdivision Bullard Habitat for Humanity 25000000140 4316 Little League Ct Venancio & Juana Villa Y Y 1/16/1997 6/17/1998 6/17/2013 2272/1801 3,929.52$ SOH Lot 7, Bullard Subdivision Bullard Habitat for Humanity 25000000166 4277 Little League Ct Gaspar, Juana Y Y 1/16/1997 8/26/1997 8/26/2012 2272/1807 3,929.52$ SOH Lot 8, Bullard Subdivision Bullard Habitat for Humanity 25000000182 4281 Little League Ct Jose, Francisco P Juan Y Y 1/16/1997 8/26/1997 8/26/2012 2272/1813 3,929.52$ SOH Lot 10, Bullard Subdivision Bullard Habitat for Humanity 25000000221 4289 Little League Ct Rivera, Alberto Y Y 1/16/1997 1/14/1998 1/14/2013 2272/1825 3,929.52$ SOH Lot 11, Bullard Subdivision Bullard Habitat for Humanity 25000000247 4293 Little League Ct Perez, Maria I Y Y 1/16/1997 1/14/1998 1/14/2013 2272/1831 3,929.52$ SOH Lot 12, Bullard Subdivision Bullard Habitat for Humanity 25000000263 4297 Little League Ct Estrada, Teodoro & Amabilia Y Y 1/16/1997 3/18/1998 3/18/2013 2272/1837 3,929.52$ SOH Lot 13, Bullard Subdivision Bullard Habitat for Humanity 25000000289 4301 Little League Ct Villa, Isidro & Maria Elena Y Y 1/16/1997 3/18/1998 3/18/2013 2272/1843 3,929.52$ SOH Lot 14, Bullard Subdivision Bullard Habitat for Humanity 25000000302 4305 Little League Ct Gomzalez, Leonardo & Jennifer Y Y 1/16/1997 5/28/1998 5/28/2013 2272/1849 3,929.52$ SOH Lot 15, Bullard Subdivision Bullard Habitat for Humanity 25000000328 4309 Little League Ct Parra, Luis & Laura Trujillo Y Y 1/16/1997 5/28/1998 5/28/2013 2272/1855 3,929.52$ SOH Lot 16, Bullard Subdivision Bullard Habitat for Humanity 25000000344 4313 Little League Ct Habitat for Humanity Y N 1/16/1997 6/17/1998 6/17/2013 2272/1861 3,929.52$ SOWOH HfH forclosed after affordability period had been met Lot 17, Bullard Subdivision Bullard Habitat for Humanity 25000000360 4317 Little League Ct Jose Guadalupe & Sandra Cano Y Y 1/16/1997 10/9/1998 10/9/2013 2272/1867 3,929.52$ SOH Lot 18, Bullard Subdivision Bullard Habitat for Humanity 25000000386 4321 Little League Ct Cardenas Jr Juan Diego Y Y 1/16/1997 10/9/1998 10/9/2013 2272/1873 3,929.52$ SOH Lot 19, Bullard Subdivision Bullard Habitat for Humanity 25000000409 4325 Little League Ct Rodriguez, Maria Elena Y Y 1/16/1997 11/6/1998 11/6/2013 2272/1879 3,929.52$ SOH Lot 20, Bullard Subdivision Bullard Habitat for Humanity 25000000425 1127 Little League Rd Raul & Diana Rodriguez Y Y 9/3/1998 3/29/1999 3/29/2014 2457/2738 3,929.52$ SOH Lot 21, Bullard Subdivision Bullard Habitat for Humanity 25000000441 1131 Little League Rd Arvizu, Jose & yolanda Y Y 9/3/1998 3/29/1999 3/29/2014 2457/2745 3,929.52$ SOH Lot 22, Bullard Subdivision Bullard Habitat for Humanity 25000000467 1135 Little League Rd Villa, Francisco & Maria A Y Y 9/3/1998 3/29/1999 3/29/2014 2457/2752 3,929.52$ SOH Lot 23, Bullard Subdivision Bullard Habitat for Humanity 25000000483 1139 Little League Rd Vidaurri,San Juana Y Y 9/3/1998 3/29/1999 3/29/2014 2457/2759 3,929.52$ SOH Lot 24, Bullard Subdivision Bullard Habitat for Humanity 25000000506 1143 Little League Rd Mompremier,Joulia Y Y 9/3/1998 3/29/1999 3/29/2014 2457/2766 3,929.52$ SOH Lot 25, Bullard Subdivision Bullard Habitat for Humanity 25000000522 1147 Little League Rd Berrones, Rigoberto & Belinda Y Y 9/3/1998 4/14/1999 4/14/2014 2457/2773 3,929.52$ SOH Lot 26, Bullard Subdivision Bullard Habitat for Humanity 25000000548 1151 Little League Rd Rosas, Jorge & Maria Y Y 9/3/1998 4/14/1999 4/14/2014 2457/2780 3,929.52$ SOH Lot 27, Bullard Subdivision Bullard Habitat for Humanity 25000000564 1161 Little League Rd Estrada, Juam & Lidia Y Y 9/3/1998 5/26/1999 5/26/2014 2457/2787 3,929.52$ SOH Lot 28, Bullard Subdivision Bullard Habitat for Humanity 25000000580 1165 Little League Rd Lopez, Carmelo Y Y 9/3/1998 5/26/1999 5/26/2014 2457/2794 3,929.52$ SOH Lot 29, Bullard Subdivision Bullard Habitat for Humanity 25000000603 1169 Little league Rd Saintervil, Cedieu & Brinecia Y Y 9/3/1998 5/26/1999 5/26/2014 2457/2801 3,929.52$ SOH Lot 30, Bullard Subdivision Bullard Habitat for Humanity 25000000629 1173 Little League Rd Moreno, Alvaro & Maria Y Y 9/3/1998 6/3/1999 6/3/2014 2457/2808 3,929.52$ SOH Lot 31, Bullard Subdivision Bullard Habitat for Humanity 25000000645 1177 Little League Rd Bustamante, Eliazar & Maria Y Y 9/3/1998 6/3/1999 6/3/2014 2457/2815 3,929.52$ SOH Amount of Liens to be Satisfied 113,956.08$ 16.D.1.c Packet Pg. 722 Attachment: HfH-Bullard SHIP IF (3157 : Release of Lien-Bullard-SHIP IF) lltl: . 2138881 OR: 2272 PG: 1771 • euu · TO n1 BOA1D llCOIDID in the OPPICIAJ. llCOIDS of COLLill COUITt, PL 01/16/tl It 11:1411 DIIGIT I. llOCI, CLlll UC HI COPIIS · 1maorr1c1 tTB nooa 1n mo AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~ay of--~ ) 997, by and 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." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, 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 """""~~~~=~~"' f"'"-. .~""'"'" Impact Fee Ordinance; Collier )· . ~~~~~~~·~· as amended, the Collier County /f : ,,, "t' $'' ,,"\ Road Impact Fee Ordinance; <¢<i~1,p ier County Ordinarl~~o\?2-33, as amendt.'d, the Collier County Educational Faciliti1~1 s/s;~;::;;;~~!~:f.ee~l:>fl\inanc~as \ey may be further amended I l ~·~"'»"""':,~~"pi p,,~·t' ·"'·'"'\" \ \ from time to time herein~fter {fo\leclifc 1 ~ , ptct fee Ordinance''. provide for l 'l ~ ' 't j\ ,s ~ l l waivers of impact fees for \t~\~' '~1 mg::u ~ 'i1fying as affordable housing; \ \"'0W, \ \~'Si' l ' d \ .#'\ \ *{/l ! an •"'\ .. ' '\, '''?lJ(j/ I . / WHEREAS, OWNER ,l>)J.ted for a waiver of.{rnPa,%t fees as required by the Impact \ i ((""' '"'"""" \'. ,,,,, Fee Ordinance, a copy of said ap~H~~~§~r~~\'~i ··rri/the office of Housing and Urban '" ~"'-"'""~ -="'-= ~ ~~ Improvement; and WHEREAS, the County Manager or his designcc has reviewed the OWNER's application 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-If,, at its regular meeting of --f/L!'''·~ Ly , 1997; and - 1 - 21.50 ,, .. WHEREAS, the Impact Fee Ordinance rL·qu1res 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 IN CORPORA TED. The foregoing recitals are true and corred and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal dcscnption of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by refen:nce herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordabk housing 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 datL~ the certificate of occupancy is issued for the Dwelling Unit. a. b. c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall n:main as affordable housing for fifteen ( 15) years from the date the certiticate of occupancy ts 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 53.929.52 pursuant to the Impact Fee Ordi11ancc. In return for the \\•II\ er of the impact fees owed by OWNER, OWNER covenants and agn:~s to rnmply with the affordable housing impact fee waiver qualification criteria detailed m the Impact Fee Ordinance. 5. SUBSEQUENT f'RANSFER. If O\\'~ER sdls the Dwelling Lh1it suhject to the impact fee wa1n:r to a subsequent pun:haser, the D" dl111g L'nit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordm•mcc. 6. AFFORDABLE REQUIREMENT. rhe Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such tleriod, the impact fees shall be immediately repaid to the COL"'.\TY. 7. l.JE!\. The wai\'ed impact fees shall be a lien upon the Dwelling l 'nit on the effective date of this Agreement; which lien may be foreclosed upon in the C\'ent of non-compliance with the requirements 9t:tbif;~~(i,(1~1J.t~>'. / .. / ~:~:.~::~~~ .. ~ .. :::.:::.~:'/\/~~;. 8. RELEASE OF Le! ·'Upon satisfactQry tt'Qmpletion of the Agreement // \~)./' ~··-\ requirements and fifteen (15) /~~f'~~~::~~e·uate .. Q(i~f~ance ~th~ certificate of occupancy, or i l "%, r~'"'"',, \ \ \ upon payment of the waived/ imif' · · . ,P · ·1 the\ expense of the COUNTY. record any necessary docun{~.!l!A~ '···· n }~!~ t~e lien. includi11g. but not l \ .>·, \ """"""''""'"'"'''' l limited to, a release of lien. \ r 0 • \ / \ '\, ' l 9. BINDING EFF ~,This Agreement s MIJ. }(ling upon the panics to this '4 '" /' h Agreement and their respective h~~,e~F~llfhlLrep.r:~s·ef1t~i~\~: successors and assigns. In the "··.. ·.' 1 •. } r··. •.·• • ,. " \, . ·>/ ..... ~;, .. !.'~···· ... case of sale or transfer by gift of the Dwcfliiig-Ettitt;·1fif'~~iginal 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 th..: land and shall remain a lien against the Dwelling l:nit until th~ pro\ isions of Section 8 are satisfied. 10. RECORDING. This Agreement shall h1: 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 Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violah:s one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fitkcn ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees wai\'\:J shall be paid in full by OWT\JER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees '' ;.;i\ed shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agr\!ement and continuing for fitleen (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 person except the lien for County taxes and shall be on parity with the lien of any such s9.unt{~!~~e~~~C,~~~l~"' the OWNER be in default of this /"/' \,,~~::~"_,,~"'""'"~""'~"==·~"~'"""'"''""··,,_~"'~"'.,j/\,l" '~), '~ .. Agreement and the default is /~~!.)t:'./ ·(.i'.within (30) J~~l}l'.,, written notice to OWNER, the Board may bring a civil acti~~ to/hiEE~thi'i..agr~J~.tl!,rl\t. In ~d~n. the lien may be foreclosed i l w"J\ ,r~'"'"' \ \ \ or otherwise enforced by tlf e S9 · ';/~)\ii\r · 1 uit~ as for the foreclosure of a 1 If " f \ '\ l: : mortgage on real property. \ TJ~i~\~.~~. il5~' w j eny) ~~~~~r right or remedy a\ailable l ', , '~ \ """''"'-'"''"''' ~""'"'"""""'''°"" , £:,w~t"'''""'~=11 l f"l;,. ,,.,1t l to the COUNTY. The Boarij\sball be entitled to rec ·er <lU fc.¢tj1M costs, including attorneys \'\: \ \\ l ll~~.-,:::::,~""jl fees, incurred by the Board ii\, ~~cing this agreem .. J!3lu(.)i:?ferest at the statutory rate for judgments calculated on a calend~~',~~ullliLpa1tt;~::~·:~\; .. // "·, ·.' · '··' r·. •.·· , ,. " .\ .. · ·:>/ ••. ~ .i 1.··i '·. ' ~ •••.•. •' IN WITNESS WHEREOf.':lhe::.p~~fi'U",·e executed this Agreement tor Waiver of Impact Fees on the date and year tirst above writkn. Witnesses: &Zc L' c/•,1t' . O\\'~ERS: 1'.V1MOKALEE HABIT AT FOR HUMANITY, INC . . , - DATED: ~'l'•""•''r"/"t/1?? ATTEST: ; DWIGHT E. BROCK. Clerk Approved as to fonn and legal sufficiency Heidi F. Ashton Assistant County Attorney ST A TE OF FJorida COUNTY OF Collier tome. [NOT ARIAL SEAL] jd/ gm/clbullard/ agreement ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA \ '· !'.r,~' J~:I\. JOA.~~\~ !J.~; '.J•;y !'llO'r!~\Y PtiBL!C <;~:.". l :·1: FLO~! CO:'.!M1S8!0~ :-..•.:' 1::,:Jlfri1"5 MYCO:'lfMISSiO•; b\:· MA'a .JU 1998 .. •• EXHIBIT "A" LEGAL DESCRIPTION-BULLARD SUBDIVISION - 6 - • • • i •• .... .... -.... ... .... --Cl • • • • leta: 2138883 OR: 2272 PG: 1783 CLIU TO TU BOAID llCOIDID ii t~e OHICIAL UCOIDS of COWll conn, PL llTllOPPICI 4!1 PLOOI 01/1,/tl at 11:1411 DVIGBT I. BIOCI, CLlll UC fll 21.SI llT 7240 COPIIS 6.00 AGREEMENT FOR WAIVER OF COi.LiER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~ f:°y of r 1997. by and between the Board of County Commissioners of Collier County, Florida. hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended. the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended. 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 ~~~~J.:_~~~~~ as amended, the Collier C'owlly Road Impact Fee Ordinance; apd\~Hler County Ordina~Nb':~2-33. as amended. the Collier County Educational Faciliti~/ s~/t~fu:~J:~;):Q~dn~'ec~rlil\~anc~ ~ey may be further amended from time to time hereinafter /,ori#~l{kt · i· • act ~1ee Ordinance". provide for I. Ii I . I 1' I '1 l l j ; t z ~ i} l j waivers of impact fees for 4~ ~~~~~~~5d ng 1~~.~~,q~ · · ing as affordable housing; \II:'.'''' \ 1 I \~:\ \, ) .1{si WHEREAS, OWNER . ~~.~~d for a waiver o.• ... ~P~Vrees as required by the Impact and "''~.ii:'> .,,,,,,, #,.,... ''\. ' .. /' Fee Ordinance. a copy of said app1d;~~ib,./ · ~!'r~)if"'the office of Housing and Urban '·~'"' ~:-~"'-"'""~ -= "'= ~ ~~ ""''"'"""' Improvement~ and WHEREAS, the County Manager or his designce has reviewed the OWNER's application 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 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. 97-/tf" at its regular meeting of -fJ-"'··-,-. Lj/ , 1997~ and 1 - WHEREAS, the Impact Fee Ordinance n .. ·4u1res that the OWNER enlt'r into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECJT ALS IN CORPORA TED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal dcsrnpuon of the dwelling unit (thl.! "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 m 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. REPRESENT A rIOt;J,8,~~\~;:~=~·~~~·~;:l.~~~~~~Nf R represents and ".1rrants the following: / ~/ "\· .. \ \ \ a. h. c. ~old\ with a n:ry lo\\ income as l l 1 he 1 ch~ffe Ordinance anJ his/her ~ L":'"~'t"' l ;~~'"'' l to purchas~:' he pwyiJ.~ Unit shall be within the l 1/the appendices to the Impact a tirst-time home buyer; The Dwelling Unit shall he the h1Jmestead of owner; d. The Dwelling Unit shall remain as affordable housing for fitleen ( 15) years from the date the certifo.:ate of occupancy is issued for thl! Dwelling Unit; and e. OWNER is the owner of recurd of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the\\ ;mer of the impact fees owed by OWNER. O\VNER covenants and agrees to comply with the affordable housing .. impact fee waiver qualification criteria detailed m the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If O\\''.'\ER sells the Dwelling Unit subject to the impact fee wai \'Cf to a subi..;quent purchaser, the [)" d I ing C nit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordin.mce. 6. AfFORDABLE REQUIREMENT. !'hi: Dwelling Unit must be utiliLed for affordable housing for a fifteen (15) year period ath:r the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utili1cd for that purpose during such period, the impact fees shall be immediately repaid to the C'Ol ''.'\T\' 7. LIEN. The wai\'ed impact fees sh;tll be a lien upon the Dwelling l'nit on the effective date of this Agreement; which lien may be foreclosed upon in the C\'ent of non-compliance with the requirer~:~;~~·$~5~~~r~··:~:~·~~~.~?;\.~~~;.\ 8. RELEASE O~//t~)l.:" Upon satista~~\\mpletion of the Agreement requirements and fifteen ( 15/ ye~ts \fi~(.tf1e·date·gfis~uanc~f th,e certificate of occ Jpancy, or l l "« \ \ \ upon payment of the waivq{J i . 1 . t t~e expense of the COL 1NTY. ! l l record any necessary docup~ iop~.Q,Q the lien. including. but not l '' ''',' l limited to, a rdl.:ase of lien. \ ::'\\ / \ v,, \ ' \ 'G"'°4,J ~\_ i 9. BIN~ING EF.~):~~.~~" Agrcemt:n~d~/?~~~/ foding upon the p~trties to this Agreement and their respecuve h~:.,,~ff[!'7~ef{{~~~~;~J¥es, successors and assigns. In the case of sale or transfer by gift of the Dwellinlrt1n1t:'ihc 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 Cnit until the pro\'isions 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 comply with the affordable housing standards and 4ualification criteria established in the ~ •• .. ..... -CIC u Impact Fee Ordinance and thereafter fails to pay thi: impact fees due within thirty lJO) 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 fi lh:cn ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notici: of \'iolation, or should OWNER violate any provisions of this Agreement, the impact fees wai,i:u 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 Agrt>ement and continuing for fifteen ( 15) years from the date of issuance of the certificate of occupam;y or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling l rnit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such C~~JllY\{!]t5"{~~8 ""~he OWNER be in default of this Agreement and the default is noi/f~~\t\(.ift\'i~'(3(.)tJ• h)l'.'~vrim:n notice to OWNER. the /' ;'J/ . '~"-' \ Board may bring a civil actio~/~ ~};(~::!:is'\~,~rS:.~'.,1!~~"111\ In a~iti\. the 111:11 may be foreclosed I f "J1 \ \ \ or otherwise enforced by thq' cqy~!,)! . , · ... ~~ ~q,\lity \as for the foreclosure of a I I l l \! ;' \I/ \ \ mortgage on real property. thi r{ied~ i vi~ ;,{' ~\he~ right or remedy available \ t~) '~"'"~,.l~; \ ·~ ; rWi~ J to the COUNTY. The Board\~0a I be entitled to reclY.'1·er al fee 1 1 costs, including attorneys \ ¥~"" )Jtt' -J ,/ !0.\%"0.,J / fees, incurred by the Board in\ ~ing this agrcemc .e"i~~~iU.!,tfest at the statutory rate for \ "{ .· '· /.h '·// judgments calculated on a calendaN~~l~asi~ .• ~ntil pa~~·<~<:\\.// ' ''" Ji""I· -' --~."'""'="""'~'"'""'"'"'" /' ___ ' \ } // "· / Pr: ··n", .. ·· ·.~/ IN WITNESS WHEREdt':·MS.i!b11..~11~~·c·executed this Agreement for \\'ai\er of Impact Fees on the date and year first above writh:n. Witnesses: /' Mt/ ( ;...,, ',t' . ~--·-C"-·) .. ! ~ PrintNameA.t.·/1/ (.14,,(~ OWNERS: 1~1MOKALEE HABITAT FOR HUMANITY, INC. - 4 - .·· DATED: ~--If I?'? ATTEST:;,---. T DWIGHT E. BR6€.K,. Clerk Approved as to form and legal sufficiency H ii :"Asliton Assistant County Attorney to me. [NOT ARIAL SEAL] jd/gmtc/bullardlagreement BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ; ~~~·;·· ··.: /~/~//:~ / __ , Chairman r.. •• EXHIBIT "A" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 3, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -6 - .. Reta: 2138884 OR: 2272 PG: 1789 i~:0:~1~:1 BOA~TB PLOOI llCOIDID in tbe OfPICIAJ. llCOIDS of COLUll comt' PL , 01/1,/97 It 11:1411 DIIGBT I. BIOCI, Cllll llC Pll 21.50 llT mo corns '. oo AGREEMENT FOR WAIVER OFCOLUERCOUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~fay of~ 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended. the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 88-96, as amended, 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; Colliery~::~~@)'<J,i_~2.as amended, the Collier County Road Impact Fee Ordinance;/4da:3:1Sliier County Ordi~"a~:..~\ 92-33, as amended, the Collier County Educational Facili~{~s s';st~:.~··icr·Fc~·©rpinanc\ as\they may be further amended / ff "'"'"""'""""""' "'ij \' \ \ \ from time to time hereiryaftef/~q1I~t<~, . 1 act\ Fee Ordinance", provide for i i ; t l I ~ g I t l~ %_ t\\ "t i ,J l waivers of impact fees fo\ (ne~~~r~¢s:!\pt~ ...... , .• ·lli'l!.. 1ifying as affordable housing; l ,~,~"'0W, \ \~'SY .' ~ ~1t I \ " A ~ tSJ' t .~.:~=) ~/l and \ \~: > \\ ;' 1 -'"'""···/ / \ ~\. A(:)// WHEREAS, OWNE~ · ~lied for a waiver ' att fees as required by the Impact t~ .. ) d''·;'""''''"", ,,....J-" / Fee Ordinance, a copy of said ~~i.c4tfqt\:~15~~n~:~.i' "!'~ the office of Housing and Urban ~"'~'""~~:,~~:~'"~'~::::~=: .. ,:~'"'ID~:.~"'"'~ Improvement; 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 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-/ 7 at its regular meeting of f°•' • • p .. sl , 1997; and - 1 - .. WHEREAS. the Impact Fee Ordinance n:ljutrcs that the OWNER cntl'r into an Agreement with the COUNTY. NOW. THEREFORE, in consideration of the foregoing recitals. the parties covenant and agree as follov.·s: 1. RECITALS INCORPORATED. The foregoing recitals arc trw: and com:rt and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal des\'.nption of the dwelling unit (the "Dwdling Unit") is attached hereto as Exhibit "A" anJ 1m:orporated by reference herem. 3. TERM. OWNER agrees that the Dwelling L'nit shall remain as affordable housing 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 L1nit. '·~""""""' ,, 4. REPRESENT A TtqNt/ i' // //,,,~''''''''''~'"' . ~~l~~ R n:prescnts anJ '' .1rrants the following: l l ,,,,,,,,,,,,,,,,, l \\ \ \ \ ,~eho\d with a \'cry low income as p+~l"" tee Ordinance and his•hcr a. g Unit shall be within the b. 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 uf the Dwelling Unit and owes impact fees in the total .imount of $3,929.52 pursuant to the Impact Fee Ordinance Jn return for tht• "ai\ er of the impact fees owed by OWNER. OWNER covenants and agn:cs to comply with the affordable housing .. . . .. impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OW~ER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the 0\\ dhng 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 atler 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 CQLl~TY. 7. LIEN. The wai\'ed impact fees shall bi! a lien upon the Dwelling l 'nit on the effective date of this Agreement: which lien may be foreclosed upon in the event of non-compliance with the requiremen~.~ .. 9J.t~\~~~g·ret1f P~:~'·", 8. RELEASE OF ~/ "'. ~.:~:=~bp~~~·~:tTs~~~~~:~ompletion of the Agreement / .• ·~"-" \ requirements and fifteen ( 15 >/ea?/ a:t1:~~~~·-d1.ctt~ .. QLiJs.\ance ~th\ certificate of occupancy, or } f "' \' \ \ upon payment of the waivecJ impr,l· s>A·. ~ ·.. I ·1 th~ expense of the COUNTY. i j i' l l \ ~ ' \ 1 1 If " f \ '\ ~ l: : record any necessary docu~7l!;~~ ,, ..•. : \~~9~J .J' n) ~~[ Jhe lien, including. but not l ', ',,,' \ """''""'"'"'"' ~-'"""""''"""' c:,.. ;' f""'-,,,,,t 1 limited to, a release of lien. \r··" \ / ·~/ \':~~\\\ ' l /''<>,~,::/ 9. BINDING EFF~Ct"<:his Agreemt:nl JfJf\:,~i)i'ding upon the parties to this Agreement and their respective ~~}~'er~aL.repr~s-~n~· .. ':"~uccessors and assigns. In the "''" '.' · ''·J f°'. ".''' ti,.} ·' ' ''>/ .,, ~ ,, f'' '·. ' "%, '" ,,,, case of sale or transfer by gift of the Dw~'iltttg"tJri1t;:t1Ie.~riginal 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 L'nit until th1..· pro,·isions of Section 8 are satislicd. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fitteen (15) days atler execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEF AULT. OWNER shall be in default of this Agreement ( 1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay th~: impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing 4ualification criteria in the Impact Fee Ordinance for a period of ti tit:en ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notici: of \'iolation, or should OWNER violate any provisions of this Agreement, the impact fees wa1\\:J strnll be paid in full by OWNER within thirty (30) days of said non-compliance. 0\'..'~ER agn.:cs that the impact fees \\aivcd shall constitute a lien on the Dwelling Unit commencing tm the dTective 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 l;nit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such CoUIJlY }U.4J the OWNER be in default of this ./.,J'" \ -'l'>t'">""" Agreement and the default is not/.C ~--\~:1thin (30) l •.~ .. ~~)\written notice to O\\':\ER. the // \~)./'" '~~-" "'\ Board may bring a civil acuon/o ~:fu~!~::~~·1!~!!:~1~~.:~f\ In a~ti\. the lien may be foreclosed I , "' ""·~'"'"'· f \ or otherwise enforced by the/ cq 1 ,. • ' ~>··~te:lj · · .1 • ity ¥ts for the foreclosure of a l ll l' {\ '\ \ ' mortgage on real property. fhis11 : Jt· ~t.hef right or remedy available \ ir~" ! to the COUNTY. The Board\stla~ be entitled to recd r al lfee{~J costs, including attorneys ' #''\ \ l ) ·I \¥'\.·.\ I l" fees, incurred by the Board in\ ' E~~g this agreeme ;\.P~·~'(~. l est at the statutory rate for judgments calculated on a calenda~~,ha'$'t~.~lltil paii1~<~<:\~ ... // ~ "'-Ji""I·.' . ""'""'="""'~'"'""'"'"'" i''' ' \ } /' "···· I ll f~· .«· l \~ \." ::>/ IN WITNESS WHEREOF;·tl,~~ht:.~:.}1~1(~ executed this Agreement for Waiver of Impact Fees on the date and year tirst abo\'e written Witnesses: ,,--·1 / / . t~ L/,o;''"'1 I/ Print Name Z'. r./ I.~-( . J( ' O\\'~ERS: 1~1\IOKALEE HABITAT FOR HUMANITY, INC. BY:~~-a-1~::-,.'--p..loj,~. ( Charles C.~, ;,· ·----, -'1 - DATED: r .. "'Y1tJjt;7 ATTEST~\) ~ii DWJOHT E. BkOCK, Clerk Appro~ed al to form and legal sufficiency Heidi F. Ashton Assistant County Attorney jd/gm/clbullard/agreement BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . ' .;~, ~ /./)!;/;/.' , / By: __ . ._...0 .. "/ .... 0~--·---·--...£-7.-"; __ /_.~ _~c_ .r-__ · / -, Chairman .. EXHIBIT ••A" LEGAL DESCRIPTION • BULLARD SUBDIVISION LOT 4, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -6 - •• •• letn: 2138885 OR: 2272 PG: 1795 CLIU TO TU BOAID llTllOPPICI 4TB fLOOl UC fll COPIIS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES UCOIDID in the OHICIAJ. UCOIDS of COLI.Ill coum I PJ. 01/1,/97 It 11:14IJI DllGI! I. BIOCI, CJ.Ill II! 72to This Agreement for the Waiver of Impact Fees entered into this1..,t day of-~ 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinatler referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the (0Uier ..... C2unty Emergency Medical Services System Impact Fee Ordinance; Collier ""Y~~~.~lrnme . ·~\9~~22. as amended, the Collier County l .~) / .,.t r·'· ;/' /' ".\»-.,,-_,/" '\ ft\--"' '\ Road Impact Fee Ordinance/~!l~:C~~·~~~~·~~o\~2-33, as amended, the Collier County Educational Fac1ht,tes ~ystem a<?J·Fee Or mance,\as tftey may be further amended I l /.~"'»"":::,~:::"<'i \ from time to time hereinpfte~/coAt~; t .' 'i\ \ 1'·1 \ waivers of impact fees for\ne~ b~~t., r·· \ \ ¥'\:1\ \ and '' ,, \ \ "'""fl,J ~, !' WHEREAS, OWNER~~}lr~t~~ for a waiv;.!:.9,\. '/ t~· fees as required by the Impact ~.,,, .,e ". "'"'~~~."'""'=""'~'"'""'~'.w=~:'""'' '",··"'' "!i\ :: :""""/" Fee Ordinance, a copy of said app1~ ~ J~e(!lll ~r~:::fJle''' in the office of Housing and Urban "~,~~'""'""~'-':=,"'='~'"'~'"'ID'" Improvement; 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 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-'-o - 1 - 21.50 .... WHEREAS. the Impact Fee Ordinance n:qu1res that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the fon:going recitals, the parties covenant and agree as follows: I. RECITALS IN CORPORA TED. The fon.:going recitals an: true and correct and shall be mcorporated by reference hen:1n. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by refen:nce herein. 3. TERM. OWNER agrees that the Dwelling L:nit shall remain as affordable housing 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 1s issued for the Dwelling Unit. 4. REPRESENT A TIO following: a. b. c. The Dwelling Unit shall be the homestead of owner: d The Dwelling Unit shall remain as affordable housing for fi tleen (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 tees in the total amount of SJ.919.52 pursuant to the Impact Fee Ordinance. In return for the "•mer of the impact fees owed b~ OWNER, OWNER covenants and agn:1.:s to comply with the affordable housing impact fee waiver qualification criteria detailed m the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If O\\'\ER sells the Dwelling Unit subject to the impact fee \\'ai\cr to a subsequent purchaser, the O\\dling L:nit shall be sold only to households meeting the criteria set forth in the Impact fee Ordm•m~c. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be u11lized 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 COL1 ~TY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling l. nit on the effective date of this Agreement; which lien may be foreclosed upon in the C\'ent of non-compliance \\'ith the requiremen~§.~ff~{~~~(~~}11J>'·"· 1""''//' \,,~'. ·~:~"-''""""'""'"~""'~"==·~"""''""'""'""··,,,_~"~"'.,l ''~ .• 8. RELEASE OF/)~~~)//~/ Upon satista ~l~;\mpletion of the Agreement requirements and fifteen ( 15 ~/Yea~l~U~~~!c''date~o.L(r•,pance~ th~ certificate of occupancy, or i l "%, ~,r~'"'"',. \ \ \ upon payment of the waive4 im~.a ·~~'·1:~~ 1 -~. 1 t th~ expense of the l~OUNTY, 1 If ] f f t "" } l I P t ~ ~ ~ ' ; record any necessary docu1~7Jt1t~ \e~~J~) n} ~(/he lien, including. but not l •, .·'', \ ~-'"""""''"""' 1 f"""'"'"' f limited to, a release of lien. \ r:,,\ / ,~ / \',~:;.~\ . / ///;~~:/ 9. BINDING EFFE.~f.',,This Agreemcnt · s 1 J~)l(}µfoing upon the parties to this Agreement and their respective ~~~~~··· aLn:pr~·s~il~·, s·:/~uccessors and assigns. In the "··· r·. •.·· , ,. " .\ ... · '>" .• 1.·' '· . ' "'· " ··' case of sale or transfer by gift of the Owe 1 .... t;fiit;:tlle.~riginal 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 remam a lien against the Dwelling Unit until the pn)\'isions of Section 8 are satisfied. 10. RECORDING. This Agreement sh.ill be recorded by OWNER at the expense of OWNER in the Official Records of Collier County. Florida, within fitteen ( 15) days atler execution of this Agreement by the Chairman of the Bo.ird of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to comply with the affordable housing standards and qua Ii fication 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 \'iolati:s 0111: of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (I 5) days atler notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees wai\ cu shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact foes waived shJll constitute a lien on the Dwelling Unit commencing on chc effective date of this Agreement and continuing for fideen (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 L;nit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such :~.\me\~!:t~~~¥~f}~.:~~~~ OWNER be in default of this /" ) . ~~'·"""""~ '"""·"' :<-\t &"I '\ Agreement and the default is n?"~~i./ "\\ ithm (JO I d•t)'\'~ir~\itten notice to O\\''.'\ ER. the Board may bring a civil actioryt~ ?tfotI~::t~t~~Clll£!f1·\ In a~tio\ the lien may be foreclosed or otherwise enforced by th1 cqv· ~}>r,;,{\ · ~ity ~s for the foreclosure of a mortgage on real property. '~~ \ ~~ ' y1· \ it 1:"..:z~ ••• ::::, T~:J right or remedy a\'ailable to the COUNTY. The Board '1$1ljil\ be entitled to reco\e!~ all lfeei ~ costs, including attorneys \\\>\\ , I ///~~\%~""/ \ "-"""'"'!"',J ~\_ ' l f '.' ~ / fees, incurred by the Board in ~~~ng this agrcemc ·SC,9~.,e·rest at the statutory rate for "-%: "' i judgments calculated on a calenda; · .,. · tiLn~1JJ.,,/· ·' ·~aJ;~1,. a\ e executed this Agreement for \\'ai\'er of Impact Fees on the date and year first above written. . ·-~~--.. 4< t/,,A 1fat Name ..A-ca4 t ~ .. h / I O\\''.'\ERS: IMMOKALEE HABITAT FOR HUMANITY, INC . ......__ -- -4 - DATED: }1:--,.-y 1" /1'? ATTEST:-.· DWIGHT E~ BR~K. Clerk ' .... ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,:.· -~-~ ... ·~.u;.LJ{-..,,d(!. .··'.~, . ~ Approved as to fonn and legal sufficiency Assistant County Attorney ST ATE OF Florida COUNTY OF Collier [NOT ARJAL SEAL] jd/gm/c/bullard/agreement 0 Ttl'~ .. \ . :~;)f."7~·~':-::~ .. K'fl.\'t,r I) .. : :-•.t :i.our 1\l\'1 p1 ;: :.;:~ '·, .• :. , 1 • t ·i: :D,1 (.\;~.~~>.:."'~1~f )~ '.\.~ \ ~ , .. ,·. MYCC~\~'"-"'·~('!'~ ,..,.~.!.~ ::_~_:~~9';w •• EXHIBIT ••A" LEGAL DESCRIPTION-BULLARD SUBDIVISION LOT 5, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. . . .. leta: . .CLIU TO m BOllD IITllOPPICI 4TI PLOOI llT 7240 2138886 OR: 2272 PG: 1801 UCOIDID in Ue OPPICilL UCOIDS of COLLill COOft, IL 01/16/97 at 11:141l DIIGIT I. BIOCI, CLlll UC tll COPIIS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisd day of~ 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinatler referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, 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 , ,,,"'·~-22, as amended, the Collier County ,//'' :/ ~ ;>,, Road Impact Fee Ordinanceva~1, lier County Ordin ~~ 92-33, as amended, the Collier I / 1:~··'·'·"~·,, . \ \ County Educational Facilijies %ysfont:~pacrfet:'Otdinanc~. 89\ they may be further amended } I \ I from time to time hereil\antlv·· ,,,-·;.~\ ac~ Fee Ordinance", provide for I J2 { r l 1 waivers of impact fees f"f (n~. it} ifying as affordable housing; \\;'."''' \ . and \ "\¢\ \\ ./23~/ WHEREAS, OWNE ai:~plied for a waive '"'i!ct fees as required by the Impact t~.t>' J''> ,,,,d"'""' Fee Ordinance, a copy of said a)>ii!·~.. )?~Ct,~~~~ } ~/i~ the office of Housing and Urban Improvement; 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 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-.:....,2~/ __ at its regular meeting of~., 2 1y /}I , 1997; and - 1 - 21.50 '·" WHEREAS. the Impact Fee Ordinance n:qum·s that the OWNER enhr into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correl'l 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 111corporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing 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. following: a. b. c. d. The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for titleen (15) years from the date the certificate of occupancy is issued for thi-.: Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees 111 the total amollnt of SJ.929.52 pursuant to the impact Fee Ordinanc1.>. In return for thl." "a1n:r of the impact ft:cs owed b) OW'."\ER. OWNER co\ enants .md agrl.'1.'s to comply with the affordahle housing .. •• impact fee waiver qualification criteria detailed m the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If O\\'~ER sells the Dwelling Unit subject to the impact fee \\ain:r to a subsequent purchaser, the lh\l'lling L'nit shall be solJ only to liousd101Js meeting the criteria set forth in the impact Fee OrJmance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen ( 15) year period a Her the date the certi ficatc of oc~upancy is issued; and if the Dwelling Unit ceases to be utili1eJ for that purpose during Slll'h period, the impact fees shall be immediately repaid to the COL\TY 7. LIEN. The waived impact fees shall be a lien upon the Dwelling l nit on the effective date of this Agreement; which lien may be foreclosed upon in the t:\'cnt of non-compliance with the requirement~ .. ofl~tf~~~~~jp):"'·", 8. RELEASE OF .t[~~.:~:=~t~~~~··~:;;~1' ~~~mpletion of the Agreement // ~<./ ·~ \ requirements and fifteen (15)/~ea~l an;~r:211e·'date.JJl:j§.,~ance \[th~ certificate of occupancy, or l l w"J\ ,~,r~'"'"',, \ \ \ upon payment of the waiveq 1 im~.acl::.~~····t~~°"' • · '· 'th~ expense of the COUNTY, : !I I 3 t r \ ' t 1 record any necessary docunl~~·~~ .. ~Y~~~J~y n} ~~( Jhe lien, including. but not limited to, a release of lien. \~\ ""~··· '-··~~·· /fSJ \\\. §\ \ f •'' •''L / ','G"'°1,J \_ i ;l. / "! 1 9. BINDING EFF~f~"<fhis Agreemt:nt s · ·l(ljt(~Jl1ding upon the parties to this ~,#"'''\' / Agreement and their respective he1~:S:tip~y'il>ttai .. r..ef*~Scn.···. /es:· successors and assigns. In the .. " ' '·" r·· ,f"''') \ .· / '%,~"'~'""·~ i. t~, ·~,~ ,' ' ;'%,. :::·~<ft~,f' case of sale or transfer by gift of the DwellmirtJntr,·nie 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 a:e satisfied. In addition. this Agreement shall run with th.: land and shall remain a lien against the Dwelling L'nit until the pro\'isions of Section 8 are satisfied. 10. RECORDJr-.:G. This Agreement shall be rt:corded by OWNER at the t:xpense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chaim1an of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing 4ualification criteria in the Impact Fee Ordinance for a period of ti tlecn ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of tht: property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees wa1\ cd 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 Agn:ement and continuing for fitleen (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 person exci:pt the lien for County taxes and shall be on parity with the lien of any such ~~!.l~,~!~j~~~~J~.:~~'~ OWNER be in default of this /' ) . ~~'·"""""~ '"""·"' :<-\t ft&') '\ Agreement and the default is n1~Vt:/J "\\·ithin (JOJ da~~,~~'r:~uen notice to O\\'NER. the Board may bring a civil action/o e?fo~~~:J:t1is'agi:"11~t.u.cJ,J~:'\ In ad itio~ the lien may be foreclosed / / w"J\ \ ~ \ or otherwise enforced by the{ cq\;· \It 1 1 i' .·:4ty 1s for the foreclosure of a mortgage on real property. '~ \i~,~t~t· \'it ,:'"~z~,~·::::' ~t~~~1 right or remedy available to the COUNTY. The Board \~~~\~e entitled to reco~ all (e~f;~!icj costs, including attorneys \ ,, f .I i i ' f fees, incurred by the Board in ~~~g this agrcemen .~u{~~e;est at the statutory rate for judgments calculated on a calenda~ >,,.,,,,,ltfiti!,p•1~d,:'' ,, ~).,,,,/ , ,f'' ,if.. '~\.~.,' I!'/ WITNESS WHEREOF. th1tpanre,~rl1an: executed this Agreement for Waiver of Impact Fees on the date and year first above \\Tlltt:n O\\'NERS: .. DATED: ;..,.uayl'/ 1117 ATTEST: DWlGHT E:-aR~K, Clerk Approved as to fonn and legal sufficiency Heidi F. Ashton Assistant County Attorney ST ATE OF Florida COUNTY OF Collier [NOT ARIAL SEAL] jd/gm!clbullardiagreement Si BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~ •• CR •• ----------~------------------~ ---- EXHIBIT"A" LEGAL DESCRIPTION ·BULLARD SUBDIVISION LOT 6, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. .. •• let.a.: • CLIU TO Tll BOAID IftllOHICI 4TI PLOOI IIT 7240 2138887 OR: 2272 PG: 1807 UCOIDID in the OHICllL UCOIDS Of COLLlll coam, rL 01/l•ltl at 11:14All DIIGIT I. BROCI, CLlll ucm COfIIS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisl_i day of-~ 1997, by and between the Board of County Commissioners of Cllllier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity. Inc., hereinafter referred to as "OWNER." W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the ~C.olliei ..... [ounty Emergency Medical Services System .. 0,/·"'''·:~'',rr~ ~.(, ("~ -~""''~,,:~,".'~~' Impact Fee Ordinance; Collie~ •. g~,~~~Ordina~~~\/~~2. as amended, the Collier County / .. ·\. ... /· .,.f' r·', Road Impact Fee Ordinanc?/~,;:1~!1::,~:~!~~~~1~.~:~.~~~1inatm(N\92-33, as amended, the Collier County Educational Facilrieslystem /' :\~:"orJinanc\ as \hey may be further amended from time to time herei~aftqf c livflYj ' pact\ Fee Ordinance", provide for ·1 t\ ~\ i ,f ~ 11 1 l •. l f~, 1 ' ~j ~ ·~ ~ i h ' t waivers of impact fees fot':n*~ r:OOe· tell· lliti'."'Jnit/~.~.iifying as affordable housing; I\ \ ( l~I \ ~'*\ \ J l ;'"""· / and \ \ \ ·· / : \, '\. i A'w·/ WHEREAS, OWNE~::ilpptted for a waiv;J>·,i '\lt~t fees as required by the Impact ~, •1( '-' ""Ji"'\•'~~~~•">c"'="°"~'"'""'°"'""-~:o""'""'~ .. ,;, \ Ji'' Fee Ordinance, a copy of said app1i4~~\\~b~i)\\~~· e in the office of Housing and Urban "''~~'""'""~·-·~='"'=~·"'~'"'ID Improvement; and WHEREAS, the County Manager or his designec has reviewed the OWNER's application 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-""-~ at its regular meeting of p---.• .,. If , l 997; and - 1 - 21.St 1.H 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 co\'enant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRlPTION. The legal descnption 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 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 L'nit. 4. REPRESENT A TIO!\ following: a. _/' l / F~e Ordinance and his/her l Unit shall be within the fil b. c. Fee /!!4\%'%,J l ,,,, I Ahe appendices to the Impact a first-time home buyer; 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 certificatt: of occupancy is issued for the Dwelling Unit: and e. OW~ER is the O\\ m:r of n:curd of the Dwelling L;nit and owes impact fees in the total amount llt' $3,929.52 pursuant to tht: l:npact Fee Ordinance. In return for the "aiver of the impact fees owed by OWNER, OWNER covenants and agn:cs to comply with the affordable housing .. impact fee waiver qualification criteria detailed m the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwdling 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 COU~TY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling L nit on the effective date of this Agreement; which lien 111'1)' be foreclosed upon in the e\'cnt of non-compliance with the requiremen!~a '"~~~~~~)e'~;~~:",, 11"" ""~",,," "°'''"""'"'·: :,z \/ ')') "'~.\ 8. RELEASE OF l/1:'."~:/ Upon satisfac~t~pletion of the Agreement requirements and fitleen ( 15 )/~e~l au~r:::t1le"'~~,{}4:jP\lance 'b{ th~ certificate of occupancy' or / / w\,,,'"'""'·"'"r~·"'",. \ \ \ upon payment of the waived imPi ''1}t~'~O'.~ \th~ expense of the COUNTY, I 1( , I l ) ! l 1 record any necessary docunl~f ~'t? ''"~,.~~J~j jh~k!enn nl ~he lien, including, but not l ·, ·'·. \ """''""'"'"''' ~"""'"""""''"~ c:,.."'"""""'"'"" l limited to, a release of lien. \~'\\ \l j \ \ ,, \ \ "'"'"4,J ~\_ l 9. BIN~ING EF.F~>~·~,i·~ •. ,Agreement ::~:~~;'\ /:? 'ding upon the parties to this Agreement and their respective he1 .. ,,,,,~~~J'iif"~=P{\{~~~~!9:es, successors and assigns. In the case of sale or transfer by gift of the Dwellmg-t:lnir,·nie 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 t~xpense 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 comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of titteen (15) days atler notice of the violation. 12. REMEDIES. Should the OWNER uf the property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of violation, or should OWNER violate any pro\'isions of this Agreement, the impact fees wain:d 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 Agn:ement 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 person except the lien for County taxes and shall be on parity with the lien of any such Count.}':.~itxes~·"~lQUld the OWNER be in ddault of this ·:,l: !il (;( \ /~:>"· Agreement and the default is no :~:Hfii·n~rJ\Jr·~:~·V?:tt~ written notice to OW~ER. the / ,, "t $'' ""\ Board may bring a civil actiof ,n;:t!Ji{~~~~ . ;~~~~·the. li<n may be foreclosed or otherwise enforced by th1e C(l>UNTY · ·· n or s 1t m e<qutt)'!, as tor the foreclosure ot a l l/ \ \ mortgage on real property. !Thi4 r , . yjoth~r right or remedy available t l\ 'it 1 l ' to the COUNTY. The Boar~tA1~fr w ~it···~eA'!rb costs, includin~ attomeys \\,#¢\ i /;""'':",'/ \¥\\\ ' j /!0.\%/i fees, incurred by the Board 1 \ ~rcing this agreer . ~tys:<!D~erest at the statuto:-y rate for \ '{ \ ,,_,n~/< ~~/>/ judgments calculated on a calend'a({~~'l~,~s until pa1J>,'<-{\ // ~.,,, ,,e ". "'"Ji'"I· .~,~~~."''"-=""'~'"'""'~'.w=~:'""'' '", ... ,, "!i\ \ ,,,/,>"·'·" l~ WITNESS WHEREet~J~J":P<tfii\:\~~ia:v~>~xccuted this Agreement for Waiver "-•,,~'""'""~·-,~='""='~'"'~'"' of Impact Fees on the date and year first above written. Witnesses: /) . &w-c __ l I~•~ f!· ' Print Name ~~ · ,,.,, ,'1-,a: 'A '. L , /).~ftA-1' L< (A .. ,~ ----7-:-, / Print Name-..A"-".'~.i,..,_LL-._: . .L~.Y . .,, / OWNERS: 1~1MOKALEE HABIT AT FOR HUMANITY, INC. -•l - . . DATED: j~ ..• ,,.,,,. I~ I 'J?? ATTEST: DWIGHT E. BROCK, Clerk Approved as to fonn and legal sufficiency Heidi F. Ashton Assistant County Attorney ST ATE OF Florida COUNTY OF Collier //'' ) /(')/ '""'"' ,/P ) l / ,. I The foregoing instnmJ~nt /N,. by Charles C. Smith, Vice ~resi/fe ' d tome. [NOT ARIAL SEAL] jd/gm/clbullard/agreement BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - 5 - .. .. ...... 00 ...... ...... EXHIBIT ••A" LEGAL DESCRIPTION-BULLARD SUBDIVISION LOT 7, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF. AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - . letl: Cl.Ill to TRI BOAID I1T110rr1c1 tTB rLOOI II! 7210 2138888 OR: 2272 PG: 1813 UCOIDID in the orrtCilL llCOIDS of COLLlll COllrl, PL 01/16/'l at 11:14Alt DllGBT I. llOCI, Cl.Ill UC HI COPUS AGREEMENT FOR WAIVER OF COi.LiER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisl.t day of~-1997, by and 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." W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, 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 C /c····""··~j~~;~?3,~2. as amended, the Collier County // '"""·"'~ \t d:-&"" '\' ~/ ·,,, "t ·:, 0 Road Impact Fee Ordinance;/ah :., . lier County Ordina°'e'~ 92-33, as amended, the Collier County Educational Facilitr~s i~t~::~p}crFe~·~r~inan~ as)hey may be further amended l f "' \ \ j ' \ \ from time to time hereioltfte ~··. ie{i ···~act \Fee Ordinance", provide for I I I I l' I I waivers of impact fees fo~ ~~\q~~.:.~~~.JQL~+:i llin t A~l~fying as affordable housing; l W''°'"<f.W, \ \.~"'$j' l ~ l \ \ :$ \ tt.-i' ' i'<-,,,, :/ and \ ¥'\:\ \ \ \ \ ,1 \ \ "'""fl,J ~, WHEREAS, OWNE~> t fees as required by the Impact Fee Ordinance, a copy of said a' /m the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designcc has reviewed the OWNER's application 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-~-at its regular meeting of n~· .. '1'" Lf/ , 1997; and - 1 - 21.50 '·°' WHEREAS, the Impact Fee Ordinance requires that the OWNER ent(·r into an Agreement with the COUNTY. NOW, THEREFORF.:, in consideration of th~: foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal dcslnption of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by rdcn:ncc herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appcmlices 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. REPRESENT A TIO)g'~i > ' /~N\R represents and \\. arrants the l. . · ... ~············· \ \ following: /l ·••••·•·••·•·•·•·•··· \ /' \ \ The D1~·c11/}1 l f ~ ~1 old\ with a very lo\\ income as ' If I ' ' define~(mi1 ' tt~ .....• i;l:A a9t~.f fe Ordinance and his.'her \ . \ I month!' · ~ments to ::'·'i Unit shall be within the affordablb\ '{ '\ i~g guidelines cstahf.t~b ·/1/~he appendices to the Impact • ' (~)rt~",~~~~-~ ~"~p'/'~,o''':~"'\\-/'"''/ Fee OrdmanC\;"'.e··· ·~·.>-··"··~····' ''\ \ '/'" " , I I ' ''" \ ,,.· / ''~-%'"",:'""-~ ",, \ ;~"'.' :::·:<·ft~,f'~f' The Dwelling Unit slmlTlJ~~sutJ'io a first-time home buyer; a. h. c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for t~ tlcen (l 5) years from the date the certificate of occupancy is issued for the Dwelling Unit; and c. OWNER is the owner of record of the Dwelling Lnit and O\\ es impact fees in the total amount of S3.9:?9.52 pursuant to the Impact Fee Ordinance. In return for the "a1\'er of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed m the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If O\\'Nf:R sdls the Dwelling Unit subject to the impact foe wai\'cr to a subse4uent purch•tser, the D" clling Unit shall be sold only to householJs meeting the criteria set forth in the Impact Fee Ordinan1.:e. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen ( 15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utili1eJ for that purpose during such period, the impact fees shall be immediately repaid to the COL'~TY. 7. LIEN. The wai\'ed impact fees shall be a lien upon the O\\elling l'nit on the effective date of this Agreement; which lien ma\ h1: foreclosed upon in the C\ ent of non-compliance with the requirementS}l !,/,/""< 8. RELEASE OF {.:{ of the Agreement \ upon payment of the waived 1\mpAf f \the fXpense of the COUNTY, : Ii l u record any necessary docum~~~l ~f~~~e lien, mcludin~. but not limited to, a release of lien. \~ \ l,!5) - 9. BINDING EFFE~ ,~s Agreement shar ' '1i9'Jing upon the parties to this Agreement and their respective h~;:.,. ~~~{ :<uccessors and assigns. In the case of sale or transfer by gift of the Dwelli~'Uifff~'Tfi~ ~riginal 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 thl! land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. I 0. RECORDING. This Agreement shall he recorded by OWNER at the expense of O\VNER in the Official Records of Collier County, Florida, within fifteen ( 15) days alter execution of this Agreement by the Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in tne -_) - .. 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 4ualification criteria in the Impact Fee Ordinance for a period of ti tken ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of \"iolation, or should OWNER violate any provisions of this Agreement, the impact fees wal\ cJ shall be paid in full by OW~ER within thirty (30) days of said non-compliance. OW!'\I~R agrees that the impact fees \\aivcJ shall constitute a lien on the Dw.:lling Unit commencing on the effective date of this Agr\.'cment 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 L'nit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such s.g.u~~~~~l~{~~C~'t~~!~,the OW!'\ER be in defa~11t of this /"/' ~,,~~~:~"_,,~"'""'"~""'~"==·~"~'"""'"'"'··,,,_~~J.,l \,l" '~), '~ .. _ Agreement and the default is r~!){', .. / · ,." ithin (30) JN~l~r:., written notice to 0\\.':\ER. the Board may bring a ci\'il actiof o j6~thts..ai;r~'\t. In ~~~~n. the lien may be foreclosed i f W"J\ ""·~'"'"'· \ \ \ or otherwise enforced by t1'e C/}· ·1(/ ~~-' ·· ttt\ '1 uit~\ as. for the foreclosure of a mortgage on real property. \ T~ )fr · "~h tyJ ?!~fr nght or remedy available \\ J ' /;~'%_'"''/ to the COUNTY. The Boar II be entitled to re~~ .. n:r a,I fe¢tj~d costs, including attorneys \ \ \ ""'\ \ ,'. I ,~~%"""'// fees, incurred by the Board h\~p)~{:ing this agrecni r ··~:~ \,.·,; 1 erest at the statuto1y rate for judgments calculated on a calend~€~;,B:~s_~~.~~l(?;!J.d;~::~::\'>/'/ "· I f •. l r·. .·· ',.'.Ii .\ .· ····.~/ ~-,,,,"' ,:{ ; t~" ,, ft ·~'4 ~"Th"' <ft~,f'~ I\! WITNESS WHEREOF:~ll~:1lan.i~•~··ir:1ve executed this Agreement for \\'al\er of Impact Fees on the date a11d year first above written. OWNERS: l\itMOKALEE HABIT AT FOR HUMANITY, INC. - 4 - ~--·-- •• •• DATED: _po...u .. ~ I'{/? 17 ATTEST. DWIGHT E. BROCK, Clerk ~· / Approved as to form and legal sufficiency UJ._ ih~ Heidi F. Ashton Assistant County Attorney [NOTARIAL SEAL] Si jd/gm/c/bullardlagrt:ement BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA "''.A~.\~· )OA"'~f I'·'' 1'Ft >:JiARY !'l;l.~'. :~_-'.'i : ... :: l~~ Fl.Oi:JD Ci.)\~'.~~~ J :.., _\.l I. C CJ~'t..&t-.;J ~,{' .. '()'~:~.!!.:;.y lO, lS.~ fi .. ~ •• .... CIC .... - EXHIBIT ••A•• LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 8, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - •• ..... CD ..... co --- letll: CUii TO m BOW IftllOff ICJ 4TB PLOOR llT 7240 2138890 OR: 2272 PG: 1825 UCOIDID in the OPPICill UCOIDS of COLUll comt, rL 01/1'1'7 at 11:14AI DIIGIT I. BIOCI, CLlll UC Pll COPUS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisl_i day of~ 1997, by and 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." W I T N E S S E T H: WHEREAS. Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 9 I -71, as amended, the C~Ui~c[ounty Emergency Medical Services System Impact Fee Ordinance; Collier 5' ... ··~.~Wl{~~\~~~2, as amended, the Collier County /~ ,/''"" ,,,, "t $'' ,, Road Impact Fee Ordinance; a& . lier County Ordina~b!'N~\92-33. as amended, the Collier County Educational Facilit/; Stti~:::~='"~·,\"·~··.ee'd;·' inanc~as \ey may be further amended } / "'"'"""'""""""' "'i \ from time to time herein,fter{1c~ff~~~~ y e lphct fee Ordinance". provide for } ! \ \ , ~ I I ~ } y i waivers of impact fees for \neW\~-~ '"t g~1¥fying as affordable housing; \r'"\ /.~I and \:~~\\. . / ./~3~/ WHEREAS, OWNER ~~~~d for a wa~~=:~~~~~~{ fees as required by the Impact Fee Ordinance, a copy of said appflcf!.. Ji.e1eii~~:~l:e>in the office of Housing and Urban ~'" ~~ """"~-"'~',,,_=~ ~~ ~ Improvement; 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 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 wai\'cr of impact fees for OWNER embodied in Resolution No. 97-J..S-at its regular meeting of-fe····~ /)1 , 1997; and - 1 - 21.51 '·°' WHEREAS, the Impact Fee Ordinance n:ljlmes that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties co\'enant and agree as follows: I. RECITALS INCORPORATED. The fon:going recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal des1.:ription 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 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. a. b. c. The Dwelling Unit shall be the homestead of owner; d The Dwelling Unit shall remain as affordable housing for fitleen ( 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 S3,929.52 pursuant to the Impact Fee Ordinance. In return for the "at\ er of the impact fees owed by OWNER. OWNER covenants and agrl·cs to comply with the affordable housing .. impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SL'BSEQUE~T TRANSFER. If O\\',ER sdls the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser. the 0\\ dlmg 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 alter 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 COL'' l'Y. 7. LIEN. The waived impact fees shall he a lien upon the Dwelling l'nit on the effective date of this Agreement; which lien may he foreclosed upon in the event of non-compliance with the requirement~ .. .Pftf\lt~~;(~~j .", / :\. \ ,, ••••• ~ •• ~.. .. . 1' ' 8. RELEASE OF /Jt~~>~:=u;on sari~tac ~l~~pletion of the Agreement requirements and fifteen (15 >/~a~.f~~I~::~·&te . .u.f . .i~~~nce 6\ th\certificah: of occupancy, or upon payment of the waived/imef\)€t;~1·· \~ '1the\expcnsc of the COUNTY. I. II r-\fp .1 ~ 1 1 !~ I E l ~ 1 i record any necessary docu~e,Jlt1~~~J\ ·\l~ ni~· '· n Jqf""tpe lien, including. but not \ \ j,' \ """"""'-'"'-'"'"'''' £:,w~t"'''""'~=)i ! f"~'"''i l limited to, a release of lien. ., r 0 • \ j ,~ / \ \~:1\, \\ f ll _,~~"~) / \ f .I • ' ~ f 9. BINDING EFFE .. ~{his Agreement s rn t~ ... ~ptling upon the parties to this Agreement and their respective h~4e~~l)ttt,.r.epF~ 'i)~~·;···~uccessors and assigns. Jn the "''~ I *'"' }! r~"' '//"" " ,~",/" '%,~"'~'""-~ i_ t~, -~\~_,' ~,f case of sale or transfer by gift of the Dwelling"t:Jni1;·£fie 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 Jmpact Fee Ordinance are satisfied. In addition. this Agreement shall run with the land and shall remain a lien against the Owdling L'nit until tht.· provisions of Section 8 an: satistictl. 10. RECORDIN~ i. This Agreement sh<tll he recorded by OWNER •ll the expense of OWNER in the Official Records of Collier County, Florida, within fitlcen ( 15) days after execution of this Agreement by the Chaim1an of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and 4ualification criteria established in tr.e .. •• 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 affordabk housing qualification criteria in the Impact Fee Ordinance for a period of Ii Ileen ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after 110111.:i.: llf' il1lation. or should O\\'NER .·iolate any provisions of this Agreement, thc impact foes \\al\i.:d shall be paiJ in full b~ O\\'~ER \\ithm thirty (30) days of said non-compliance. OW~ER agn:cs that the impact foes \\ aive<l shall constitute a lien on the Dwdling 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 L'.nit of any owner, lessee, tenant, mortgagee, or other person ex'-·cpt the lien for County taxes and shall be on parity with the lien of any such C~~~JJJ~ ~R· -~~e 0\V~ER be in default of this ,/'' \. ,;• .• ,·,,, Agreement and the default is not/' .:~~ ·1thin (3UJ J<t) ·,ai1~'\Hitten notice to OW:"\ER. the Board may hnng a civil action/er~~~~~ In~~~~\ the. lien m~y he foreclosed or otherwise cntorccd by the/CO, · ' b~·~:t)o · lty \}S for the toreclosure ot a f f' l' t\ '\ ~ \ t ' { J \ '\ l ~ mortgage on real property. lfhis (is 1 rnl· ~tpetj right or remedy available \ (~) \~l ,#l ,I /:'""~ I to the COUNTY. The Board ~tfal . be entitled to all 1 ee~ ~costs, including attorneys \ ¥#\,;\, \\ ',' .1 l'_ ~%,~i_l fees, incurred by the Board in \!itt~~ing this agm:m~i . 2j~sl:ik,t¢l~st at the statuto•y rate for \"Jr" '-· , / h "' .r ~ ' "''"' h ~iw"''' / judgments calculated on a calendaAtl~~#)t~-s"yntil pa10 ... <~<:\c\;, .. // .,,, "'-Ji""I· -"--~."'"'"'=""'~'"'"""'""" /'' ' \ ) /' IN WITNESS WHEREOF::tU.L1J~J)~t.;::c:;;ccuted this Agreement for Waiver of Impact Fees on the date i:.nd year first above written. Witnesses: OW~ERS: ~c c{~17 A' ___ · ----- Print Name~.., t~-:~ ',-: -·1 - .. .. DATED: ;. ..... ,..,,,/if,/,,., ATTEST: DWIGHT·E.~BRC?,C)<. Clerk ' ApprO\led as. tp. form and legal sufficiency tLd. { dPVt-- "eidi F. A\hton Assistant County Attorney to me. [NOT ARIAL SEAL] jd/ gm'c/bullardl agreement BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ) . , A . ,, '!A~'. .· JOA.\.',.'! 11.\Ll'E'/ ~.:.:-;1"Al\Y l'UritX "!,;:r Cll HOI. ·:~'\'\W,r.;1 )\.' '.i, ( CW;,.tt.5 \'Y: ~:..,· 1:~~·1.J' Ja."'.i-' ,.f,\Y3-.'l,l~ _ .. __ . ______ _ - 5 - i •• ..... ..... -..... 2 •• ... Cl .... u EXHIBIT ••A~ LEGAL DESCRIPTION • BUttARD SUBDIVISION LOT I 0, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -6 - • • •• lttn: . • CUil TO TU IOllD llTllOf f ICI 4TB PLOOl llT 7240 2138891 OR: 2272 PG: 1831 llCOlDID in tbe OrtICllL UCOlDS of COLLlll comt, n 01/16/'7 at 11:1411 DIIGIT I. llOCI, CLlll UC RI COPIIS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this&' day of -F-1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity. Inc .. hereinafter referred to as "OWNER." W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the c;gllkr ... (~unty Emergency Medical Services System '""'''"'' r) ( "'\ #' \""'''"'""'"~ Impact Fee Ordinance; Collier C:: .. ~:Ko~·\C}(..i2. as amended, the Collier County // "'"',,,.,~ \l ft&"" ~ \.. ,/' ;, ,, .,,f' $' '\_ Road Impact Fee Ordinance; 1ahd . · r County Ordina~1'1~92-33, as amended, the Collier County Educational Facilittfs ~~t~:::~~~i:·I:ee··d~inanc~as \~ey may be further amended ! ! -~""'"'""" "'ij "'.~,~::i:: . , \ \ from time to time herein.fter{;t"~fl~~-(:·;fy)~· ~ct fee Ordinance", provide for , , ; t ~ I : 1 , waivers of impact fees for\n~\~~1 .I ~i:llinJ,w\it , ifying as affordable housing; \ r·· \ "'~. ! ; \¥0(\\ is\ i and \\ 1\ \ I \ "'"'i"". J,"'\ , '\,_,nJJ // { p WHEREAS, OWNER~~· ied for a wai\:::.9·!~~1~t fees as required by the Impact Fee Ordinance, a copy of said app il~t~~·~.;!})~.,;:r~ the office of Housing and Urban '" ~"'-"'""~ _._ ~0-= ID'"'~ Improvement; 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 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. 97-2 (. at its regular meeting of_~&.· •"';I /j/ , 1997; and - 1 - 21.50 6.00 WHEREAS, the Impact Fee Ordinance rc4uires that the OWNER enkr 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 1.kscnpt1on of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference hen.~in. 3. TERM. OWNER agrees that the Dwelling Lnit shall remain as affordable housing in accordance with the standards set forth in the apptmdices 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. ·:"""",, following: ,?~\\\~ER represents and \\ arrants the \ \ \ a. b. c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling l'nit shall rcmarn as affordable housing for fi tteen ll 5) years from the date the certificat1: of occupancy is issued for th; Dwelling Unit; and e. OWNER is the owner of record of the Dwelling lJnit and owes impact fees in the total amount of $3,929.52 pursuant to the h~1pact Fee Ordinance. In return for the "ain:r of the impact fees owed by O\VNER. OWN ER lOVenants and agn:cs to comply with the affordable housing ~ .. impact foe waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If O\\'~ER sells the Dwelling Unit subject to the impact fee wai\'cr to a subsequent purchaser. the O" dltng L:nit shall he solJ onl) ll> houscholJs meeting the criteria set forth in the Impact Fee Ordrn..in~c. 6. AFFORDABLE REQUIREMENT. rhc Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period atkr the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utiliLcd for that purpose during such period, the impact fees shall be immediately repaid to the COL'~TY. 7. LIEN. The wai\'cd imp<tct fees shall be a lien upon the Dwelling l nil on lht.• effective date of this Agreement; whu.:h lien lllil) be foreclosed upon in lht.· C\ cnt of ""~-~~= ~ ~"' <=""" {]; ,f'""i R"~"''·'"''"'"''" non-compliance with the require~.) _ ..... :~j£~~~1~\.~~~'· 8. RELEASE O~l/';> Upon sati~fu~4~;'\~mpletion of the Agreement requirements and fifteen ( 1 r) y~s 1i~h}·date·&t:11,suanc~of ~e certificate of occupancy' or l { %. t. \ \ upon payment of the waiv'd i~~ 's{~ ·~\at t~e expense of the COUNTY, I p • I I I l i i; t l I l 1 t record any necessary doc~~~~!3~,::'.l:\L~~5· iqf1',Qf the lien. includiPg, but not ••• ,.~. \ .1 limited to, a release of lien.\~:'>\ . / ' , I , 9. BINDING EF .. >~,~-his Agreement s .. Jf Q~> 'inding upon the parties to this Agreement and their respectiv:~:·~~~~s. successors and assigns. ln the ··, .. -::..~ .. t~ t. \ :~~ .. :::>·/ case of sale or transfer by gift of the DwellinfUnit, 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 th~ land and shall remain a lien against the Dwelling LJnit until th1: pro,·isions of Section 8 are satistied. 10. RECORDING. This Agreement shall he recorded by OWNER at the ~xpense of OWNER in the Official kecords of Collier County, Florida, within fifteen (l 5) 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 comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of ti tken ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of \iolation, or should OWNER \iolate any provisions of this Agreement, the impact fees v. at\ cJ shall be paid in full by OW!'\ER 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 paran1ount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of an; such s,:'°t1n\_~~J~~~;(}PS1t!l~ the OWNER be in Jd~llllt of this /' ~'~'.:.-~···· ·~··~-.,.~··1 l\l ~'· Agreement and the default is 1. ./ '{f within (3!11 ·Ja\:~1 ~tef written notii.:c to O\\'~ER. the I • ~-~.\ Board may bring a civil acti~"t<.y~rlfil~s~··m1s.agxl!l:.1!,)~l1ll. Jn~dinpn. the lien may be foreclosed j l w"J\ \ \ \ or otherwise enforced by ti1e <{·· )~··· ~· · · \ uit~ as for the foreclosure of a I f , ~ , , ' ' l \\ l ; mortgage on real property.\ t~ ''tl .~"!rh c ,11 t ~~!~er right or remedy available \ .. . '-··~~·" I to the COUNTY. The Boa¥~~11 be entitled to re'~ n:r 111 fi d costs, including attorneys ~\,1\ ! fees, incurred by the Board \d;f'~rcing this agrccr1 t/pf .. ·, /terest at the statuto•y rate for \ "-%: '" # '"'' f' judgments calculated on a calen~#~ +s..w1llLp.;.u~:\·;~\~ .. // ........ 'F .. ::>· JN WITNESS WHEREO , 1tW· ave executed this Agreement for Wal\er of Impact Fees on the date and year first above writh:n. Witnesses: ) ~ /(;~c~ ...... f'_---.--~- Print Name_kc(\. {t;c.•t'b. ' ., OWNERS: l~tMOKALEE HABITAT FOR HU:vtANITY. INC. ~ .. DA TED: ~r ...... ., /f/ I '17 ATTEST: ,. DWIGHT E. BROC~, Clerk / Approved as to fonn and legal sufficiency Ll..rl j)t~ ~ton Assistant County Attorney ST A TE OF Florida COUNTY OF Collier The foregoing by Charles C. Smith, Vice tome. (NOT ARIAL SEAL] jd/gm/clbullard/agreemenl BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . day of £,, . J9t~ , Inc. He is personally known !ii r---c:!~ ~· :· ··-·· .. 7~~;:~, .. 1 I ,. ' .. ·. , 1.\· :.er . , .-.,,. ·. , · , • r,,·:1= l:,: l-lOI., ( t\'·~.'.:.~~· .• '<, ',\). •'.""',.· ,·,"t>i.: ... 5 - 5 - •• EXHIBIT "A .. LEGAL DESCRIPTION· BULLARD SUBDIVISION LOT 11, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - .. .. .. ~ •• ..... CD ~ en .. .. .. aetn: 11111 TO TU BOW ImlOPPICJ 4TB PLOOI 11T 7240 2138892 OR: 2272 PG: 1837 UCOIDID in tbe OPPICil£ UCOIDS of COLUll cotm I PL 01/1,/17 1t ll:ltAll DIIGIT I. BIOCI, CLlll ue HI COPIIS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisl-.Yday of r--· 1997, by and 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." W I TN E S S E T H: WHEREAS. Collier County Ordinance No. 88-97. as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended. the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended. the .. Colliet·f:oo ty Emergency Medical Services System ./· < r !i'> . r; # \ Impact Fee Ordinance; Collier C<f/.. ~ffim~:c~: ~as amended. the Collier County ::1:m;::~~:.:::::~tZll~£~~e;;;.:i~r;·m:y·:~::e:h::: J J "'"""'"""'""""""~ J"n .. , z""'.''"""'l:~. \ from time to time hereina~er W~1 ·~~1{;~¥ rtfi\ a · !1~~ct ~ee Ordinance", provide for t t\ ""\ 0 ~ i y l L·-·I' \ I 1/'~"'11 waivers of impact fees for a\~~ ~Wnet-oe · fi' q~ifying as affordable housing; \ \ \ l ;'""''· :/ \ ;:'\:1\ \\ ll _.~~\%~) / and \ · •, / ' } l \'l, "" ~,l /A '%Jww-' / \ "'"' / \, •' .1 '"' "'#' h ""'°;i WHEREAS, OWNER h "1'PJ~e~t!or a waiv~~J)f:;"~,Ct fees as required by the Impact ~.,,, ,,e ". '""Ji'"'· .~,~~~·"'·"'=""'~'"'""'~'.w=~:'" '" .... ,, "!(\ \ ,,,"",>"'' Fee Ordinance. a copy of said applicattQhlleirfji ldt)~Jit~>f~ the office of Housing and Urban "-·,~~'""'""~·-,~='""='~'"'~ Improvement; and WHEREAS. the County Manager or his designcc has reviewed the OWNER's application 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-J.~7 __ at its regular meeting of ~ .. ·~ /f(_. 1997; and - 1 - 21.50 ,,00 OR: 2272 PG: 1838 .. WHEREAS, the Impact Fee Ordinance n:~u1res that the OWNER enta into an Agreement with the COUNTY. NOW, THEREFORE. in consideration of th1..· foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The fon:going recitals arc true and correct and shall be incorporated by rcforencc herein. 2. LEGAL DESCRIPTION. The leg.al description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" anJ incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appcndices to the Impact Fee Ordi11ance for a period of fifteen ( 15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. a. b. c. The Dwelling Unit shall be thc 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 th~ Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of 53,929.52 pursuant to the Impact Fee Ordinance. In rctum for thc \\ a1' cr of the impact fees owed b) OW~ER. OWNER covenants and agn:cs to comply with the affordable housing OR: 2272 PG: 1839 impact foe waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If O\\":'\ER sells the Dwelling Unit suhjcct to the impact fee wai\'cr to a subsequent purchaser. the U\\ \.'1llng Unit shall be sold only to households meeting the criteria set fonh in the Impact Fee Ordm.mcl.' 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utiliLed for affordable housing for a fitleen ( 15) year period alter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilizi:J for that purpose during such period, the impact fees shall be immediately repaid to the COU~TY. 7. LIEN. The wai\'ed impact fees shall be a lien upon the Dwdling l 'nit on th\.' effective date of this Agreement; which lien 111~1y he foreclosed upon in th\.' e\ ent of non-compliance with the requiremen~.§J;>f\Tl{~~~g(~~)~11f:,·,, / .:\. \P _ ...... ~ ...... C1 ! ' 8. RELEASE OF//l{~~'}/upon sau.~ti ~~;c\npletion of the Agreement requirements and fifteen ( l 5~/ye~·~~~:t~"!!1e\dat~oL!r-1uance~f t~ certificate of occupancy, or I f "J1 ""'~'"'"', \ \ \ upon payment of the waive~ i11f~.aC}'\~,s-:-·~f~. lt~~;~·~t th~ expense of the COUNTY. J Ii I J t r ' ; \/l 1 ~ record any necessary docut,~~~~ ... ~>~,~~9i~ >\ry iQ[ )the lien. including. but not l \ >·' \ """"""''""'"'"'''' ~-'""""""''""'"''' i' f""'-' f limited to, a release of lien. \:: .. \ /~'/ \\" .. \~ / //("'~'~/ 9. BINDING EFF~ ~ ~<Fhis Agn:crnc:nt ~titt~/~(~ltlding upon the parties to this Agreement and their respective ~~(i~;;r~lmal· .. i:@~ . ~~'b~{ successors and assigns. In the "''" I 1 .. &f'" ..... ,, / '%,~"'~'""·~ .i t~. ("·'' ' ~ <ft~,f'~ case of sale or transfer by gift of the Dwclilngt:Jntr:"fhc original OWNER shall remain liable for the impact fees waived until said impact fees are p.uJ in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with th.: land and shall remain a lien against the Dwelling Lnit until the pro"isions of Section 8 are satistied. 10. RECORDING. This Agreement shall hi.' recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fitleen ( 15) Jays 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 comply with the affordable housing standards and quall fication criteria established in the OR: 2272 PG: 1840 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 tittccn ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notici.: of\ iolation, or should O\\'~ER ·•iolate any provisions of this Agreement. the impa<.:t fees '' a1\ i.:d shall be paid in full by O\\':\ ER \\ ithm thirty (30) days of said non-compliance. OW!\ER agrees that the impact foes wa1\ed shall constitute a lien on the Dwelling Unit commencing 011 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 person except the lien for County t•IXes and .>hall be on parity with the lien of any such C~1µ1 l!ld the O\VNER be 111 ddault of this ,/ ?'~;,, ·:"""",, Agreement and the default is '.)9t~~::/ ~.,li;l~ written notice to O\\'~ER. the Board may bring a civil ac1i710 r~~~'J!\· ~~dJ~n, the lien may be foreclosed or otherwise enforced by tr c~9. -~~··~):\:(~~· uit~ as for the foreclosure of a mortgage on real property. 1 Th' ' · nl yj oth~r right or remedy available \n / l~I to the COUNTY. The Boar~\Sn\Jll be entitled to re6@ver a eeHlJd costs, includin~ attorneys \¥'\~\ '4(-l /JR,:::)/ .. fees, incurred by the Board t . .. .&\~ing this agn:1:m . / ~)~(~rest at the statuto:-y rate for judgments calculated on a cale~~~~~!i.i.? unul p~~l~d·:< ,//'/ '"'-JI''\· 'fr' ~,~."'"""=''""'~'"'""'''""" ' /'_.,,, \ --,,,J'/ "·"·· I ff J~· { l\~ \ ..... ::/ IN WITNESS WHEREOF:~~.p.lull.L!.b:.tra\e executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: .. ·) I 6f,c 63:--,..K=·~-.... Print Name tftt.'11/ &~' t\ -,, 0 :°d' ~-H' d_,.; I: I! ~. y::_. / . N -r nnt ame ._,, ..• ~ •. .a.· .!).,,; J 1 >el OWNERS: l\tMOKALEE HABIT AT FOR HUMANITY, INC. ·-., - DATED: ~ou"';-/t,t / '}?? ATTEST: .. :. DWIGHT E. BROCK, Clerk '• J " . 1f \ t • Approved a5 'to 'fonn and legal sufficiency -- Assistant County Attorney ST A TE OF ._.Fl_o&.&rid_a.__ __ ) /l\~),/·· COUNTY OF Collier ) / •' I l The foregoing instru~en(r by Charles C. Smith, Vice J>res'1e to me. \ \\'00 v [NOTARIAL SEAL] jdlgm/c/bullard/agreement OR: 2272 PG: 1841 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA -5 - *** OR: 2272 PG: 1842 *** EXHIBIT "A'" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 12, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - ----------------------- aetn: CLlll TO Tll BOAID lltllOPPICI fTB PLOOI llT 7240 2138893 OR: 2272 PG: 1843 UCOlDID in tbe OfPICIAJ. UCOUI of COlllll coum, PL 01/16/97 1t ll:ltAI DVIGJIT I. llGCI, CLlll UC HI COPllS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~ day of r· 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity. Inc., hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended. the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, 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~~, ·K~~~"~~}~>~.1~.~· as amended, the Collier County //' : J''""'" ,,,, .,,t* t'' Road Impact Fee Ordinance; ~ac / er County Ordinan~ko":'f2-33, as amended, the Collier County Educational Faciliti~1 S~;e~:~~~r~~~e~Bfd\nanc~ ~ey may be further amended from time to time hereina 1 her h · . . WP~ct ~ee Ordinance". provide for i i; t l I "° I i waivers of impact fees for ~~\~~~t'J~~.. in&~!1~ ~fying as affordable housing; and \~\, I /J/ WHEREAS, OWNER ap~l!ed for a waiver o,... ·~lfees as required by the Impact t i ;r',~'""""' J''""''~'" (' ,_ ,/"" Fee Ordinance, a copy of said app1~~~~p{',Iif~\'q~(J~~~"i11"/the office of Housing and Urban ·~,,,"~:-~!:~~'"~ ~~'~=: :~ ~"'"'~ Improvement; 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 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-.1.3" at its regular meeting of-)•• ... ~_/_.,,,y.___. 1997; and - 1 - 21.50 '·" OR: 2272 PG: 1844 WHEREAS, the Jmpa~l Fee Ordinance n .. ·~~uircs that the OWNER cntl.'r 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 fon.:gomg recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal 1ksrnpt1on of the dwelling tmtt tthe "Dwelling Unit") is attached hereto as Exhibit "A" anJ incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling L'nit shall remain as affordable housing 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 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 th~ Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of S3,ll29.52 pursuant to the Impact Fee Ordinance. In retum for the "ai' er of the impact fees owed b) OWNER. OWNER covenants and agn:es to comply with the affordable housing OR: 2272 PG: 1845 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 lmpact 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 COC!\TY. 7. LIEN. The waived impact fees shall be a lien upon the L>welling l'nit on the effective date of this Agreement; which lien may be foreclosed upon in tht.· event of ~""" ""~ ~~-~ ~"' non-compliance with the requiren~~n ··~.& '£~~~!!'>"',,, J/ ·' .••. •( •• , 8. RELEASE ~r/ .. Upon satisfa ,~"~mpletion of the Agreement requirements and fifteen ( 1 ?) y~rs U1"C'~;J1~suanc~of ~e certificate of occupancy, or l , \' \ \ \ upon payment of the waiv~d i~p , , , ... ~r:\at t~.· e expense of the COUNTY, ' 11 I ! I I 1' I . I t t l ':;; \ 0 j\ Ii ~ 'i; { l l record any necessary doc~~~~l~~e\l~~5ifi~ tcr\~~~~~1tiq ·~r the lien, mcluding. but not u::··· \ 1 limited to. a release of lien.\ '(I:'>\ .. ~' . 9. BINDING EF .ti>.Jhis Agn.~emcnt s 1it. Q~/llinding upon the parties to this ~, (~)/~~~'""'-~ ' _,,~'"'''\ /,,,,,,/ Agreement and their respective he'ii:.S:.!,,~ift~1l(:t'1. ~k! fves, successors and assigns. In the case of sale or transfer by gift of the DwellTng,.UnlC~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 pro\'lsions of Section 8 are satistied. 10. RECORDING. This Agreement shall he n:corded by OW?'\ER at the expense of OWNER in the Official Records of Collier County. Florida, within fifteen ( 15) days atler execution of this Agreement by the Chaim1an of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in the -; - OR: 2272 PG: 1846 Impact Fee Ordinance and thereafter faHs to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing 4ualification criteria in the Impact Fee Ordinance for a period of fittcen ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER llf the property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of \'iolation, or should O\\'\:ER no late any provisions of this Agreement. the impact lees wan \:J shall be paid in full by O\\'\:ER \\ ithm thirty (30) days of said non-compliance. O\V!\ER agrees that the impact fees wal\ ed 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 L'nit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and ~;hall be on parity with the lien of any such d the OWNER be 111 defa 1.1lt of this '·~""""""' ., Agreement and the default is no. ~'f"'writtcn notice to O\\'\:ER. the Board may bring a civil actio~I: ~,•f~~··J!ll.ft•~1cep.ti ,';~iJhr, the lien may be foreclosed or otherwise enforced by thf C~\)~~X. , \. · ·~ln \uity\.as for the foreclosure of a j ti l \~l~ \ \ \ \ 1 mortgage on real property f.h!, t:.~~,'.~J~h w~ > y fl~+ right or remedy available to the COUNTY. The Board,~lla~l be entitie~i' to rec~.~ ·r al. fet; J 1 costs, including attorneys \ ¥#\,;\, \\ ,' .1 ' ~\%~/ l tees, incurred by the Board i~~~~~'.ng this agrccmc 1 '-··~~~ \,.)t'~est at the statutory rate for judgments calculated on a calend~~i~$is,J.!.ntil pa1.1.if<~<:\~,/ .. / '~ /'"·Jr .. : '""'""'=""'~""""'~'.'" ,~·, l''' ' \&,/\ "'""/' '"···' J·l ff~· (. \ ,~ "" .. // IN WITNESS WHEREOt:':·#ll:pah~.S.·h'4'1\·c executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: 1\1\tOKALEE HABITAT FOR Hl:\tANITY, INC. -~; - DATED: a,_____.A_ ~ /~ / 1 ~? ATTEST: tr,, -~7 DWIGHT E. BROc~, Clerk v fl·•' 4:;v4~ ... .&~ •. , I,' Approved as to fonn and legal sufficiency ti<~4. J .it0---Heidi F~ shton Assistant County Attorney [NOTARIAL SEAL] jd/gm/clbullard/agreement OR: 2272 PG: 1847 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: :1: _. '::r:7!'n1.~ "'E :1',,•:'.i.1.1,\I JlfY t>:CJrAiY t'1Jf;1 ll ~:tl','nl l)f r1.o&ll cm1.~1~·' ror-i 'Jo. CC'fl046.:; t.f'YCO;o.1M·~=.:.1:_1°" l)..Y.. MAY 30 lM ....._ ___ _ - 5 - *** OR: 2272 PG: 1848 *** EXHIBIT ••A" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 13, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - lttl: CLlll TO TBI BOAID IITllOPPICI 4TI •LOOI llT 7240 2138894 OR: 2272 PG: 1849 UCOIDID 11 tbe on1cIAL ucoua of cou111 COHT1, n 01/t•/tl It 11:14All DVIGIT I. llOCI, CLlll UC HI COPIIS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisl$day of Q.... 1997, by and , between the Board of County Commissioners of Collier County, Florida, hereinatler referred to as "COUNTY" and lmmokalee Habitat for Humanity. Inc .. hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance~ Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the C2J!i~Lf ounty Emergency Medical Services System Impact Fee Ordinance; Collier · ······~~~&)~6~'~2"22. as amended, the Collier County ,/,,/'/ 0~''"~''":~,.~P"~"-~ .. ,,_"~,"'~\~/ "t'~ ;:·,,, Road Impact Fee Ordinance;/ant.L> ·6llier County Ordina~i~\ 92-33, as amended, the Collier County Educational Facili!/~s ~?~t~::;;~51·::fec·~e)l\Jinan~ as\hey may be further amended from time to time herei~'ftef~·cqf~~~'V ·~ '"··~act\Fee Ordinance", provide for i i; t l I i g "° I l t l\ A 111 .,_ i f :r f l ' waivers of impact fees for\ new~uet'.:~\Jpre ,.llhit 1 ~~fying as affordable housing; \r··\ ' I \ ¥'\:1\ \ \ \. ,, \ \ 'Gqi,J. ~-~\, WHEREAS, OWNER~(' Fee Ordinance, a copy of said ~p l /<A'';,·j lied for a waiver 9l;l~)r,tlt fees as required by the Impact ~,::""'-~""''~ -~'°""'"#:~"~"' \\, :~./·'""" .~!~ri¥~~\~,~:~~l~/ln the office of Housing and Urban '" ~"'-"'""~ -="'-= ~ ~~ and Improvement; and WHEREAS, the County Manager or his designcc has reviewed the OWNER's application 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-.l..? at its regular meeting of -fo•H•~ Ly/ . 1997; and - 1 - 21.50 '··· .. OR: 2272 PG: 1850 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. REC'IT ALS 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 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 <late the certificate of occupancy is issued for the Dwelling Unit. a. b. 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 agn:es to comply with the affordable housing OR: 2272 PG: 1851 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. S. SUBSEQUENT TRANSFER. If O\VNER 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 atkr 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 Agreement; which lien may be foreclosed upon in the event of ""~~~~=~~"' non-compliance with the requiremel}lS' 'i~!~~!t~tiJ119t"'" /"/r ,~~=:~",,,,,~"'""''-""'~"==·~"~-"'"'""··,.,_~"j~,zl \,l" ,~~'~., 8. RELEASE O~l/li,/''. ,, Upon sati~~tt;\mpletion of the Agreement requirements and fifteen ( 171{ y?h 'N!~~~e~,~,~,~e"Qf}~\uanc~f t'e certificate of occupancy, or upon payment of the waivyd iry\ 1fF1s;itq~p, , , a '/\at t~e expense of the COUNTY, I 11 \,f , 1 , , , record any necessary doc~1~~t 1 i 1 ' • 1 ioh~~~ the lien, including, but not ' •• ·' \ I' . I limited to, a release of lien.\ S:,\ / '~l \ "··, \ J ll>~"'""/ 9. BINDING EF 1 \,This Agreement slutJl/\~~'~i~ding upon the parties to this \ #""''• "'' .~""" .'"' ' / Agreement and their respective~~:;> ... nal~xepres~i~~~~. successors and assigns. In the "" ' '/:'':' ,r .,,'} \ .· ''>/ ,%,~"•~, .. "' ,i · .. ~: ("·'' \ ;~"','~,':;'~<ft~,f'~ case of sale or transfer by gift of the Dwellilllrtfnir~Hte 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 ( 1 S) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in dtfault of this Agreement ( 1) where OWNER fails to comply with the affordable housing standards and qualification criteria established in the -3 - OR: 2272 PG: 1852 Impact Fee Ordinance and thereatter fails to pay the impact fees due within thirty (.JO) 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 ti tteen ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, 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 person except the lien for County taxes and shall be on parity with the lien of any such 59un\\~!Ref~~(JP~~1~ the OWNER be in default of this Agreement and the default is;{~~,i;h;~-()(i)~~vritten notice to OWNER, the Board may bring a civil actir t/lni~~~.~~1is .. ~j,{r~£.~Jq\1' ln~di\n. the lien may be foreclosed or otherwise enforced by t.~e q9 )> · c. d:l ~;:~ k · \ uit\. as for the foreclosure of a t fl l \~'\i)\'\ ~ f. I Ji t ~ \~) i 1 ~ mortgage on real property.\ ,1~ '·····* f li~jt~t: ' · nt ~~~~er right or remedy available \ \ .>·. \ ""'"""'~'"''"'"f l~ c:."',_,;~"l l ,, . i to the COUNTY. The Boat,PJ~ll be entitled to rc~ver 111 fy~d costs, including attorneys fees, incurred by the Board ):~rcing this agrecri • ii p. 1terest at the statutory rate for ,,,, .:./... / judgments calculated on a calend· :::#~?"'~~~-~!!1LIJl\li ·::\\// IN WITNESS WHE~·EcJFt{I~,~\~~a~~;fexecuted this Agreement for Waiver of Impact Fees on the date and year first abo\'e writkn. ' OWNERS: lMMOKALEE HABITAT FOR HUMANITY, INC. -'1 - DATED: P.-···~ I~/~ ,7 ATIEST: . , DWIGHT ·E. 'akbCK. Clerk App~~ed d ro· form and legal sufficiency H~shtf.J~ Assistant County Attorney / STATE OF Florida ) /::. OR: 2272 PG: 1853 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '·~""""""' ., ;:,. ------l \ i ./ COUNTY OF Collier ~// ?'' .............. , ....................... , '"::th.'\ \ \ The foregoing inst11.fbeql,~, by Charles C. Smith. Vic~ Prehid ' d tome. [NOTARIAL SEAL] jd/gm/c/bullard/agreement • ,)his~.24 day of 4. . , 199" ·'r Huoianity, Inc. He is personally known I I i I i i .. IA·'". A . l()fl '. ··.: llALREY "\(YT':\l\Y r'.. i .. ( S" .. 'TI' ,)F F1.0l!DA (.'('.\{.\ ~· ':'I)' '" ('('J./1'4f5 MYd~~H·~: l~\I' MAY'l!.l<M! -5 - *** OR: 2272 PG: 1854 *** EXHIBIT ••A" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 14, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - letn: CLlll TO ru BOAID 2138895 OR: 2272 PG: 1855 UC nl COPUS IITllOPPICI tTI PLOOI llCOIDID. 11 tbe OPPICilL llCOlll of COLI.Ill COGITI, PL 01/15/97 It 11:14AJI DVIGIT I. llOCI, CLlll an mo AGREEMENT FOR WAIVER OF COi.LiER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisdday of~-1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Jmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, 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 Cq ... /·~~~~ "::~. as amended, the Collier County ,,,,/' "~''"~~··<"'""~ -'o 4ft&') '\'\. /~ ,/'' "t' $'' '\~ Road Impact Fee Ordinance; apfl .. · 1er County Ordinanc~No. ~2-33, as amended, the Collier County Educational Faciliti'i/sY,/t~d;~l;;··~··\.J~·c·b~dlpance\ ~ey may be further amended j l ·$'"'"""'""~"' <'i '' 4=:''""':'.i,\ \ from time to time hereina~er 1fStlfci\~ely r. . . )fa~t fye Ordinance", provide for l i \ t z I k .E ~ _. @' f _ i waivers of impact fees for J~\tl~'w~~dmled'J1~~llings 'b,q~~ttfving as affordable housing; \'"000W \ \"SJ I ~ I and ~f~\:\. ~,, /{3~i WHEREAS, OWNER ~f~~~~ for a waiver·,"' , /~,~Vfees as required by the Impact Fee Ordinance, a copy of said appnGa(,. f\l!,~!~;~fi the office of Housing and Urban "~,~~'""'""~'='~='"'='~'"'~'"'ID""~ Improvement; 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 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-..,3 o at its regular meeting of_ ~ ...... •"")i' /V . 1997; and / - l - 21.St '·°' OR: 2272 PG: 1856 WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of thi.: tl1regoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The fi.)rcgoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRJPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and mcorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Lnit shall remain as affordable housing 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 c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall rem am 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 S3,929.52 pursuant to the Impact Fee Ordinance. Jn return for the wai\er of the impact fees owed by OWNER, OWl'."ER covenants and agrees to comply with the affordable housing - 2 - OR: 2272 PG: 1857 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If O\\"\'ER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the [)\, dhng Li nit 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 atkr 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 C'OL\'TY. 7. LIEN. The waived impact lees shall he a lien upon the D\,clling l mt on the effective date of this Agreement: which lien 111ay be foreclosed upon in the event of """""~~~~=~~"' non-compliance with the requireme.~~~~-r~~~~!~~~~~-·:~\.~~~;-, 8. RELEASE OF }A€_~t-·/ Upon satisfactbt~~/~~pletion of the Agreement requirements and fifteen ( 15) /;aro/~·t\sr::tE·edate·et:..i.sJl'&flnce ci\ th~certificate of occupancy. or l J w"J\ t \ \ upon payment of the waived limp · '$.,rf 6 \the \expense of the 1..:'0UNTY. I{ J f ' i l ! I I I l.. l I record any necessary docum~~ M~·r\:i.r'l~ltt. mi1\litien pft:J~e lien. including. but not limited to, a release of lien. \~"\\ ''-·"~:.,, i::~, \;i:~11L l':'°~z"·"·.::' 1 .. / \ \ ""'\ \ "'"'""*'"wrf.> j \"'"'"4,J~\_ "!£"~ ,; I' / 9. BINDING EFFE~~·-"l:~is Agreement s~att·:'.Pf \biJrfiing upon the parties to this Agreement and their respective h~~~;~fl"t:-;repn.."S~ir~i:~.:/'~uccessors and assigns. In the ........ · .~ ; Iii I \ \~ ....... f'/ "•~, .. "~::,~ "'-""' ,\~,,' :,,,:~'"'ID'">'~""''"'_,;,<ft case of sale or transfer by gift of the Dwelling trmr;iihe original OWNER shall remair. 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 tl:e Dwelling Unit until the pro,isions of Section 8 are satistied. 10. RECORDING. This Agreement shall he 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 Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and qua Ii ti cation criteria established in the ------------------------------------------------- Impact Fee Ordinance and thereafter fails to pay the impact fees due JlRifi .lij.2(~da}j58 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fitleen ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees wal\cd 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 person except the lien for County taxes and shall be on parity with the lien of any such Cou~iy----~--{~;:~P!J~~t._the OWNER be in default of this / \ . -l) l f ,I '--, Agreement and the default is not 1cµ{~_:~Y.~1 i~--(3-u-)<la~~-~~t~'~1 ritten notice to OWNER. the /I ())/ '"'-" \ Board may bring a civil action }V en)O~f;-th~s~~!.~-~!~.::~~~;., In a itio' the lien may be foreclosed / / z_[,,!(",_~-c\tt~~ ·v \ \ or otherwise enforced by the 1t'O 11 • b~-~-· _jty ~s for the foreclosure of a l l' l \ \ mortgage on real property. T~is ,, (s ~u _ 1 it o,l)erjright or remedy available 1, ('·1 I ' \, \_l --J 1:-~" I '', ,,, 1 ~-'"""""''"""' J f""'-; l to the COUNTY. The Board s}p11\be entitled to reco~1r all Tees/a:ija/costs, including attorneys \ ~'.'>\ :wt 1 / x,-J I fees, incurred by the Board in \lfft;i.rdng this agrecrrn!~l;~~16~A&~,fst at the statutory rate for v~t-"' ··t/ ~>/ ,"« '" \ / judgments calculated on a calendar _ i-s-.• 1.tntil patlL .. /-/_.- '~ /'"·Jr ~~."'"""="""'~""""'"'"'" IN WITNESS WHEREo?:-~~£~r{ ___ "_ ~c~·1:xecuted this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~ £.,e/r" P . N ' /, nnt arne_;._,...,""-'"'"''-. .....,(.;_' .... "' ... ~ ..... -...... '.A ..... OWNERS: IMMOKALEE HABITAT FOR Hl~MANITY. INC. - 4 - ------------------------------- DATED: ~l'//9'? ATTEST: DWIGHT E::B'ROCK, Clerk '~ ' ' ' . / ~· Approved as·to·fonn and legal sufficiency ~K~I jp_i~- idi F. Ashton Assistant County Attorney tome. [NOTARIAL SEAL] jd/gm/ctbullard/agreement OR: 2272 PG: 1859 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - 5 - .. *** OR: 2272 PG: 1860 *** EXHIBIT""A" LEGAL DESCRIPTION -BUI.LARD SUBDIVISION LOT 15, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - letn: 2138896 OR: 2272 PG: 1861 CLlll TO TBI IOllD IITllOPPICI 4TB PLOOI UC HI llCOl.DID in tbt OPPICIAL llCOIDS of COll.111 COlllT'f, '' COPIIS 01/15/'7 at ll:ltAll DIIGl'T I. llOCI, ct.Ill llT 7240 AGREEMENT FOR WAIVER OF COl.tU:R COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this I!/. day of~ 1997, by and between the Board of County Commissioners of Collier County, Florida, hcreinatler referred to as "COUNTY" and lmmokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." W I TN E S S E TH: WHEREAS. Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, 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 C ,""'~,~~~~d:"' ..22, as amended, the Collier County /,/':/ l,,,,~,,~:~,.~P"~"-~ .. "'"~,"'~ ;:·,,, Road Impact Fee Ordinance; 1~flti~/ o lier County Ordinan~~N~92-33, as amended, the Collier County Educational Facilitls &~t~::,,,,,~,,\",,,,,,c,e"T}~~inanc~ as \iey may be further amended l l, 4"$>"'"""'""""'"~"'-1·n \ from time to time herein+fter/loffeoew 1 ; ct fee Ordinance". provide for waivers of impact fees for\~J~~\c J Jfying as affordable housing; \ \"''""' '\, i \" \ / and \ \ ,, \ \, WHEREAS, OWNER~~~~~~" for a wai,~cr? Fee Ordinance, a copy of said appi~~·~1¥t~~,\lt~>-, -"'1~,-the office of Housing and Urban '" ~"'-"'""~ -="'-= ~ ~~ Improvement; and WHEREAS, the County Manager or his designce has reviewed the OWNER's application 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 wai\'cr of impact fees for OWNER embodied in Resolution No. 97-~I at its regular meeting of _-fJHc.• ·~ /Y , 1997; and - 1 - 21.51 '·" OR: 2272 PG: 1862 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 parth:s co,enant and agree as follows: 1. RECITALS IN CORPORA TED. The forcg1.)ing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Lnit") is attached hereto as Exhibit "A" and incorporated by reference hcn:m. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing 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. REPRESENT A TI0.~~~·~~6::W~RRA:\:~:I·~~:~~R represents and warrants the following: // /. ');~::::~:~··\~:::·::.·~·~ ·S''\ \ \ a. The dwcl/il'll!::tjfij.t''SW~~,h 1 .r~<rliS~hol\i with a very lo\\ income as { /l"f-\~fJ\\ ~{/cl 1· Ji a -! ~ ~ J!l l " defin~~-}t\L~~~:~~. i9 1 the\! af~~"'ftee Ordinance and has. her month\Y;~yments to purcha~'ll, the )D~ 1 Unit shall be within the \\ " -· / // ( ' .1' affordab· ~ing guidelines cs li~~~f.Ji°' the appendices to the Impact . ·" r)~>>··"·~ .. /·::··:~\//' Fee Ordman~<: ~·, -,.,,.,~ .. -, , ... .. "· I f l f°' .• ti: ,."!i \ · '··.,/ '~-%'"",:~,"".PZ",i f~, (".,, \ ;~"','~,:::,:<ft~,,,,.,~ b. The Dwelling Unit snaltbe'SUttf to a first-time home buyer; c The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall rema111 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 SJ,929.52 pursuant to the Impact Fee Ordinance. In return for the w<uvcr of the impact fees owed b) OWNER, OWNER covenants and agre~s to comply with the affordable housing OR: 2272 PG: 1863 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If O\\''.'\ER sdls the Dwelling Unit subject to the impact fee wai\er to a subsequent purchaser, the D"cllrng L'.nit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordin.mcc. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen ( 15) year period atier 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 COL '\TY 7. LIEN The waived impact fees shall be •1 lien upon the O\\Clling l 'nit on the i:ffecti\'e date of this Agreement; which hen may bc foreclosed upon Ill thl.' e\ cnt of """ ""; ~~~= ,f':"i ~"' .~"'"''''"'"'"' non-compliance with the requiremeni.s· ~~~~~~:~)~f~~:",, *'' ",,," "°'''"""'""'"" :,z \/ ')') "'~.\ 8. RELEASE O~//f{~:'./ . Upon satisfi~~:\mpletion of the Agreement requirements and fifteen ( 15 ~1ye~,t ~ll~i~'t!1e'\tf.ate~t:}.Li~'uance'f t~ certificate of oc1.·upancy, or I r "J1 ""·~'"'"'· f \ \ upon payment or the waive~ in)~dck~)l·:··Jl"l~~~~.. t th\ expense of the COUJ\'TY. I !1 I 3 t r \ ' ~ t ~ record any necessary docu+,~tkJt~ .... ~J.\~~~i.!~j r} p~·jthc lien. including. but not \ : ...... ~~ \ -.~........ '-··~~·.. i::.. I limited to, a release of lien. \ ~"\\ 1 \ \' \ ' \ ~\_ ' i l~ 9. BINDING EFF\ .\,Jhis Agreement sha .. ~l/tS(P,mding upon the parties to this Agreement and their respective ~~:~~~O'nal ..... fi?~n:s;;1.: ... ~,~~~/successors and assigns. In the .. , '1 . .<r·· , ..... ,,)\, .. .. '%,~"·~,""~ "-r:, ,~\~.,' w ;~~,·,~"'"::,~<ft~,/ case of sale or transfer by gift of the Dwelliiigt:lntt:Thc original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions ~et forth in the Impact Fee Ordinance arc satisfied. In addition. this Agreement shall nm with the land and shall remain a !ten against the D\\ clling l 'nll until the pr'ln is ions of Section S an: satisticd. 10. RECORDING. This Agreement sh.ill h1..· rcrorded by OW~ER at the expense of OWNER in the Official Records of Collier Count). Florida, within fitteen ( 15) days after execution of this Agreement by the Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and 4ualification criteria established in the OR: 2272 PG: 1864 Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (JO) days of said non-compliance, or (2) where OWNER violate~ one of the affordable housing 4ualification criteria in the Impact Fee Ordinance for a period of ti tteen ( 15) days at\er notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fitleen ( 15) days after notice of' iolation, or should OWNER 'iolate any provisions of this Agreement, the impact foes "al\ cd shall be paid in full by OW~ER w1th111 thirty (30) days of said non-compliance. OW~ER agrees that the impact fees wain:d shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agn:cmcnt and continuing for fifteen (I 5) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount ll> the interest in the Dwelling l nit of any owner, lessee, tenant, mortgagee. or other person except the lien for County taxes and shall be on parity with the lien of any sLu:h ~: ·"t~e OWNER be in default of this // :,,, Agreement and the default 1s r~vt \\ltlun (.\Ol J.1:-~'~ikr~1tten notice to O\'.'\E:R. the Board may bring a civil actiory'~o l?~fJti~~i~i~'·rrgre'cmt>,Jll\ Jn a~1tio\, the hen may bi: foreclosed j "0, ./' ,~."' \ \ \ i ; \ \ or otherwise enforced by thf ci' l", ' }'\. "~ity rs for the foreclosure of a , , ; i I ~ l \" I i mortgage on real property. \l!t~\~~~~:~\~~~9Nll vi\~::-·-,~>' PJ~~t right or remedy available l W''°'"<f.W, \ \~"%1' , \ / ~ f to the COUNTY. The Board ~~\~e entitled to reco,~~t1al'.} fi \"1 costs, including attorneys fees, incurred by the Board in~.. fG,(ng this agreemcr1t.\,t!J.{fS\,Jl)thest at the statutory rate for judgments calculated on a calcnda~~~~:;;s-nl1:tii~'!~:,'~, .· /~>// ''" , ,. l'T· ,f , \ n ' '%,~"'~'""-~ ,i t~, '~\~.,' It ;'"',',~,:::':< IN WITNESS WHEREOF. thepartTl::·s''have executed this Agreement for Waiver oflmpact Fees on the date and year first above writtert Print Name ,.{ '-• 1._' {/,c ( , J\. () ( ... ,,· Aftn.4-!< 11 ·«I~, ;-' ~). ._.,Print Name_U.:~..:2..L-/ . ...i ~ / OWNERS: l~t\10KALEE HABITAT FOR HL1\1ANITY, INC. ' ~ -~~ I -·-B'j:_ /···-. >-•·~-~ -- '. harles C. (~ · • _v, ce President' ___ _... DATED: feui••y/~ I~?? A TI:EST: ~ .. · DWIGHT E. BROC~. Clerk ,,. Approved as to form and legal sufficiency -MJ~~h d..A.-.. -U-l-1¥M-~v~1 -==---- HeidiY.Ashton Assistant County Attorney ST ATE OF Florida COUNTY OF Collier to me. jd/gm/c/bullard/agreement OR: 2272 PG: 1865 BOARD OF COUNTY COMMISSlO~ERS COLLIER COUNTY. FLORIDA *** OR: 2272 PG: 1866 *** EXHIBIT "A" LEGAL DESCRIPTION -BUI.LARD SUBDIVISION LOT 16, BULLARD SUBDIVISION, AC'C'ORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -6- letn: CLJH TO TH BOW IITllOff ICI tTI PLOOI llT 72'0 2138897 OR: 2272 PG: 1867 UCOUID 11 the OHICIU llCOIDS of COLI.Ill eotm, PL 01/16/97 It ll:ltAI DWIGIT I. llOCI, CJ.Ill ucru COPIIS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thislj( day of~-1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity. lnc .. hereinafter referred to as "OWNER." W IT N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, 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 C.. . .. /·j~Jt~~}(~: ""~2. as amended, the Collier County ,//'',,!" /''"~''"~~··"""""~ ''"""'"'·,,,.,~,, ;:·,,, Road Impact Fee Ordinance; ,fi<i / ·· ier County Ordinan~~(\92-33, as amended, the Collier County Educational Facilit~ ~~t;.;:::J;;;~·~:}'.ec~·dr'l\,inanc~as \~ey may be further amended l / ~·~ ,,,~·!' ' 4~'"';1"\ \ from time to time herein1fler/po, 1~e. . 1 plict fee Ordinance", provide for i i ; t ~ I ~ g 1 , waivers of impact fees for ~~\\~.k,~ji ini'.ll!d!t ~~!~tying as affordable housing; \·····"·\ . /~/ and \\ \ /;'""''·/ \ \ \\ ' ' \ l ./~()~/ WHEREAS, OWNER~' lied for a waiv.~~,~~~~~!t fees as required by the Impact -,, ' '""-~ ~'°" , .. "!(,,_ \ -;' J Fee Ordinance, a copy of said app J6C\8~·\it('".!Di··;in the office of Housing and Urban '"' ,~"'~'"~~~·~=It ~ ID'"'~"""'" Improvement; 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 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-·~ at its regular meeting of. r ... .,._/SI . 1997; and - 1 - 21.51 I.II OR: 2272 PG: 1868 WHEREAS, the Impact Fee Ordinance n:qu1rcs 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 for1:going recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal descnption of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and 111corporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Lnit shall remain as affordable housmg in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fitleen ( 15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. a. b. c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall rcnrnin as affordable housing for fitleen ( 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 53,929.52 pursuant to the Impact Fee Ordinance. In return for the \\ a1Ycr of the impact fees owed b) OWNER. OWNER covenants and agrccs to comply with the affordable housing OR: 2272 PG: 1869 impact fee waiver qualification criteria detailed in the lrnpact Fee Ordinance. 5. SUBSEQUENT TRA~SFER. If O\\''.\ER sdls the Dwelling Unit suhjcct to the impact fee wai\cr to a subsequent purch•1scr. the[),, cl ling L'nit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordmarn:c. 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 COL''.\TY. 7. LIEN. The waived impact fees shall be a lien upon the Dwdlmg l 'nit on the effective date of this Agreement; which lien ma) be foreclosed upon in the event of non-compliance with the requiremen ·r,:(}i\f~i~~~~;:~':"· l / ~::~ .-···· ····.~:~.~/i·):, 8. RELEASE OF /t'.. Upon satisfacto1~:tt~pletion of the .\greement requirements and fifteen (15) l~ar/~&;:~}are·nr·~suance ~ th~certificate of occ'1pancy, or l / "' \ \ \ upon payment of the waived{imp;tc t\ the\expense of the COUNTY. I If l l l record any necessary documf~!l\\q"'.:~:~~\\ n }<f~""the lien. including. but not '1\'0'\ ! limited to, a release of lien. \ ~'\ \ . / '\, l ' l 9. BINDING EFFE . >~J.!~s Agreerrn:nt shill~~e~),riding upon the parties to this \"c-;,0$ !£'> ~'"""""'-~ \-J,,,,l' Agreement and their respective heirS';,:~J:?evsio'iit~'tW ·· · ·s, successors and assigns. In the '%,~~ ~if~ 't, '" ~"'-"'""~ -="'-= ~ ~~ 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 foes 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 L'nit until th1..' pro\'isions of Section 8 are smistied. 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 atler execution of this Agreement by the Chaim1an of the Board of County Commissioners. 11. DEFAULT. OWNER sha11 be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and 4ualification criteria established in the OR: 2272 PG: 1870 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 4ualification criteria in the Impact Fee Ordinance for a period of ti nccn ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of' iolation, or shoukl OW~l:R \ tl)latc an~ provisions of this Agreement. tht: impact tees "al\ cd ::.hall be paid in full by OW' ER '' ithm thirty (30) days of said non-compliance. OW~ER o.tgrces that the impact fees "ai\'cd shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agn.:cmcnt 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 L1nit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on ·~""""""',, parity with the lien of any such c~.~JJl)'\{~j{s·{~~~~ I the OWNER be in default of this . • \.,J " ............ ,.hh•••········ Agreement and the default is no!<~ ·,,!thin (30) lr .. / ftfl\ \Hillen notice to O\\':\ER. the ,;~;~ .• ~~.the lien may be foreclosed \ \ Board may bring a civil action/~ Cl)' r l l /' or otherwise enforced by th~1 COlJ l ll''~· mortgage on real property. this1 1 jg ~q,\lity \as for the foreclosure of a \fl\ \ \'i~ ,/' ~the~ right or remedy available ·~ I ~~~ J I 1-\ 1 \ J to the COUNTY. The Board\~'11, \ v-"'\"1\ \ e entit e to rcco.~c~r a eei · costs, including attorneys j ,/ /!!4\%'%,J l fees, incurred by the Board in ~ing this agrccm'-' .. ~t~,g~~~~,fest at the statutory rate for \ '{ '· / h \,, •. ·/ judgments calculated on a calendaNG'~}J:a~j~ .. ,Until pa1~./·~<:\\ .. // .,,, ,,e Ji'"· . , ~~."'""'=""'~'"'""'~'.w= . '" .... ,, \ } . ""/ l!\i WITNESS WHEREdt~:.JJ!fr<:t6l~\:~1]1;~·c:;~~~ccuted this Agreement for Wai,·er of Impact Fees on the date and year first above written. Witnesses: 12>< {;~-k ·~.!.L.!:~ A, ·'" /., LJ - P . N .. ~ rmt ame /; : ._. , , ,. ~, . / ".· , , -----~~-. · / ' OWNERS: J\tMOKALEE HABITAT FOR HL'\tANITY, INC. -•j - DATED: ,.,..,,_.1"/'t I '}?7 ATTEST: DWIGHT E. BR~,K. Clerk ". . ·~ "'.· t; /k .. ..i:4 . > ,(R.(!., , ,,,. 7 . . ... Approved IS· so· fonn and legal sufficiency ~J~:J~ Heidif. Ashton Assistant County Attorney ST A TE OF Florida COUNTY OF Collier ) ) // / I I j The foregoing instnut\ent by Charles C. Smith. Vice frcs tome. [NOT ARIAL SEAL] jd/gm/clbullard/agreement OR: 2272 PG: 1871 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - 5 - *** OR: 2272 PG: 1872 *** EXHIBIT"A" LEGAL DESCRIPTION • BUI.LARD SUBDIVISION LOT 17, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -6 - letn: 2138898 OR: 2272 PG: 1873 CLlll TO Tll BOllD IITllOff ICI 4TB f LOOl UC fll UCOIDID ii tbe OfPICIAL UCOUI of COUill coum, PL COPIIS 01/1,/97 It 11:14All DIIGIT I. llOCI, ct.Ill llT 120 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of impact Fees entered into thi~.J{ day of~ 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and lmmokalee Habitat for Humanity. Inc .. hereinafter referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the CollJ~LCounty Emergency Medical Services System "''''"''"''''"''""''""'"'~ •f"'"i "':·::'"''''"'"•"''" .... / i' ( .. ( \ •• c"'"· Impact Fee Ordinance; Collier ~9 / · imGe~~2't~~· as amended, the Collier County / ··, ·r r·', Road Impact Fee Ordinance; ~f(d 9r ier County Ordinanc~f.lfo.~2-33, as amended, the Collier / / .•.. ~·············· \ County Educational Faciliti~ S}/'tedt11.1m '·J.~e·1JrJ~ance, s t~ey may be further amended i ,' ~="~'""~ ' \ from time to time hereinatter 1 }~~ '' ~1 t FFe Ordinance", provide for 1· ;; ~ ' ' k \ ~ 'i' 1 ! l waivers of impact fees for r\t'w \1 . ».~~ling,.lni~,q.1 •· ,' ing as affordable housing; \····· \ \~'!!. \ I . and \:~~\\ •( //~c3i WHEREAS, OWNER ~~~~~ for a wai~-~~#~t,:t /j~t1tees as required by the Impact Fee Ordinance, a copy of said applfuat ··Tqg:~,ti!_~;'.ift the office of Housing and Urban "''~~"'"''"~,2~::::~=:,,:~'"'ID""~"~'" Improvement; 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 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 O\VNER embodied in Resolution No. 97-..J.=--J~-at its regular meeting of -)-•c..• · • ., /,I" , 1997; and - 1 - 21.St '·°' OR: 2272 PG: 1874 WHEREAS, the Impact Fee Ordinance re4tures that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of th1.: foregoing recitals, thi: parties covenant and agree as follows: 1. RECITALS IN CORPORA TED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal des1.:nption of the dwelling unit (the "Dwelling Umt") is attached hereto as Exhibit "A" JnJ incorporated by reference hl.'rcm. 3. TERM. OWNER agrees that the Dwellmg L!nit shall remain as affordable housing 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 datl.! the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATION,$/ following: a. b. c. The Dwelling Lnit shall be thi: homestead of owner; d. The Dwelling Unit shall n:ma111 as affordable housing for fitleen ( 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 53,929.52 pursuant to the Impact Fee Ordinance. In return for the "al\ er of the impact fees owed b) OWNER, OWNER covenants and agrees to comply with the affordabie housing . . OR: 2272 PG: 1875 impact fee waiver qualification criteria detailed in the Impact Fee Ordir.ance. 5. Sl:BSEQUENT TRA".\Sl·TR. If 0\\ '\l:R sdls the Dwelling Llnit subject to the impact fee waiver to a subse4ucnt purchaser. the lh,l·ll111g L'nit shall be sold only to households meeting the criteria set forth in the Impact Fee Ord111am:c. 6. AFFORDABLE REQUIREMENT. !hi: Dwdling Unit must be utili1cd for affordable housing for a fifteen (l 5) year period atkr 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 COL' STY 7. l.IEN. The waived impact fees sh•tll be a lien upon the Dwelling l'nit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirem;J>tf~!j~~~~~ '·,", //''''! :'.,,,,;,,w-~··~""~ "°'''"""'"%.,,,.,~, "'~ •• ~ 8. RELEASE O~l/ / . : Upon satisfa ~~"~mpletion of the Agreement requirements and fitleen os1 ye,/rs 'i;n:;::Jh~··cta1e·t»~Ji~uanc~of ~e certificate of occupancy, or / / . '°'~:;··~~r~'"'",. t \ \ upon payment of the waived i~ ,ts/1ne'·. , :at tl\e expense of the COUNTY. I Ii I i l \ i \ l , : * ~ ~ I : ~ i, t , record any necessary docl~~f ti~ol~c\t~~s .. 11{~.~l~ tcn,~w:~!~.~!i~~f the lien. includir.g. hut not > W''*'-0W, \ \ """ i • • • \ \ ,Ji; \ -~i·J' l hm1ted to, a release of hen. \ '(\:> \ "\. , l 1 \ '\ l ;if { 9. BINDING EF\ f:, This Agrccm1.:nt s ilf/'i~'~inding upon the parties to this '';r'' /h ·,o ,w· """,,,,",,, / Agreement and their respective het ~.le/wti::f ·,;~s. successors and assigns. In the ··~,,"~"-.. ,."'' ,~_,' ¥! case of sale or transfer by gift of the Dwelling''U111C.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 arc satisfied. In addition. this Agreement shall run with the land and shall remain a lien against the Dwelling l 'nit until thl· pro\ isions of Section 8 •ue satistied. 10. RECORDIN\j, This Ag• .xmcnt sh•tll he recorded by OWNER at the \!Xpense of OWNER in the Official Records of Collier County. Florida, within fifteen (15) days after execution of this Agreement by the Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default ofth1s Agreement (1) where OWNI:R fails to comply with the affordable housing standards and 4uali ti cation criteria established in the OR: 2272 PG: 1876 Impact Fee Ordinance and thercaticr fails to pay the impact fees due within thirty (JO) days of said non-compliance, or (2) where OWNER violates onc of the affordable housing 4ualitication criteria in the Impact Fee Ordinance for a period of tit ken ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days after notice of\ 1olation, or should OW~ER violate any provisions of this Agreement, the impact foes \\at\1.:J shall be paid in full by O\\'!\ER within thirty (30) days of said non-compliance. OWNER agrees that the impact foes waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agn:cment and continuing for fifteen ( 15) years from the date of issuance of the certificate of occupat'CY or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling L'nit of any owner, lessee, tenant, mortgagee. or other person except the lien for County taxes and shall be on •"'''"'""''''""'~ "";~~~= •f':"i ~:":::,""'''"'"'"''" parity with the lien of any such); ~fus~S't!!21~~\f:~~e OW~ER be in def<llllt of this /'·. ,.,, \i ,t~ · .. , Agreement and the default '/u67:,~-'.~~ll ~y';'~~~\illcn n~ti<c to O\\"~ER, the Board may bnng a Cl\1 11 act19n to/eni<M'c a ~cdl1ttn\ In a~llt°'\1, the hen may be toreclosed I l .~"''°"'"'"'~"~"'./'ij , \ \ or otherwise enforced by t~e C~U1Nl\¥" \uity\ as for the foreclosure of a t ~ \ \ l I I mortgage on real property. \l:'ftj~ ' · · y '"'\~.,.~ y}~•ktr right or remedy available ., r~· \ ·, . ~·/ to the COUNTY. The Boarcf\ ~ be entitled to rec all f'*&,Jifld costs, including attorneys \ .J-""\' " / /' 'g~~ ()// fees, incurred by the Board in~~~~~~ •.. this agrccm~.1~5:·" ·· ~::;interest at the statutory rate for judgments calculated on a calendar <r~t.~~:~[1]~1~1~5:~:~;>· ' IN WITNESS WHEREOF. the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above writh:n. . 'I OWNERS: 1~1MOKALEE HABITAT FOR HUMANITY, INC . DATED:~,. .•• .,./~/ ,,7 ATTEST: DWIGHT E: BROC,K, Clerk -. . .., . ~ . . {ly.·;rea;~.xM' ·rd. <l . \ . ' ''""' I Approved fis to· foi:m and legal sufficie~cy ~t·J~ Heidi F. 4ton Assistant County Attorney / //'' ST ATE OF .,_Fl..,.o...,,ri_da ____ ) / (;1./ OR: 2272 PG: 1877 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA COUNTY OF Collier ) l ···~··············· / ..................... . •' I The foregoing instru~ent~~1trf:ae~pv-·•""''" by Charles C. Smith, Vice fresrde 1 orln ~ l \! t to me. I \ I ' [NOTARIAL SEAL) jd/gm/c/bullard/agreement \rr \ \ ¥#"1\ \ > \~' *** OR: 2272 PG: 1878 *** EXHIBIT "A" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 18, BULLARD SUBDIVlSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - letn: CLlll TO m IOllD IITllOPPICI 4TB PLOOI llT 7240 2138899 OR: 2272 PG: 1879 UCOIDID iD tbe OPPICI&L UCOIDI of COLLlll COUITT, PL 01/15/97 It 11:14111 DWIGIT I. llOCI, CLlll UC HI COPIIS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entcn:d into thisl¥ day of~-1997, by and between the Board of County Commissioners of Collier County, Florida, hereinatler referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc .• hereinafter referred to as "OWNER." WITNESS ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Faciliti~s Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier 9> /~~'-~as amended, the Collier County I ~. ~ . Road Impact Fee Ordinance; ~dC.qs lier County On.tinan'C<N6\?2-33, as amended, the Collier County Educational Faciliti¢'~ sy{~~;::;;;;~i~1.ee~nf~nanc~ ~ey may be further amended from time to time herein~~er ~·o . . , 1 1p\ct ~ee Ordinance", provide for ~ 'l . z _ n .s I l waivers of impact fees for ~ew\~\iJ!~\i{ieili:c *~~ .. fying as affordable housing; .,, •••••. , i···""'1i \" \ l 1 '""·, • .,_, l and ' \ ' . \\ '"'%"""J //~ ( ' jil WHEREAS, OWNER ,.,)lled for a waiver <;?J··~p~µ{ fees as required by the Impact ~~~·~'i>' ::""'''""""'~ -~'°""'""":~·"!(" \~, ~,//' Fee Ordinance, a copy of said apPllc~~~l~r~~\'~~:~.t~~··rn the office of Housing and Urban ~"~,~~'""'""~'='~='"'='~'"'~'"'ID" Improvement; 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 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-~-'/ at its regular meeting of ~·!je-1'/ , 1997; and / - 1 - 21.51 '·" OR: 2272 PG: 1880 WHEREAS, the Impact Fee Ordinance rel}u1rcs 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: I. RECITALS INCORPORATED. The forq~omg recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal Jl.'s1:nption of the dwelling unit (thl.' "Dwelling Unit") is attached hereto as Exhibit "A" anJ mcorporated by reference herem. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appenJices to the Impact Fee Ordinance for a period of fifteen ( 15) years commencing from the Jate the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENT ATIO~~~,~/ /--j following: / ,, I l a. the appendices to the Impact b. c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall rem;.iin as affordable housing for fifteen ( 15) years from the date the certiticatc 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 S3.929.52 pursuant to the Impact Fee Ordir.ance. In return for the wai' t:r of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordab!e housing OR: 2272 PG: 1881 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQL!ENT TRANSFER. If O\\'\ER sdls the Dwelling Unit subject to the impact fee waiver to a suhse4uent purchaser. !hi.: ll\\l.'ll111g L'nit shall be sold only tll households meeting the criteria set forth in the Impact Fee Onl111a11cc. 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 utili1cJ for that purpose during such period. the impact fees shall be immediately repaid to the COL'\ TY. 7. LIEN. The waived impact t~es shall be a hen upon !he Dwelling l 'nit on the effective date of this Agreement; which lien may be foreclosed upon in the..· C\ cm of non-compliance with the requirem~~&;j;~~'7~ 8. RELEASE OF//£(~('". Upon sattsfa~·~tl:~pletion of the .\greement requirements and fitleen ( 15)/~eaflai~·····N···\ ateTit'·1!fs~ance ~ th~certificate of occupancy, or / l ""'~'"'" \ \, \ upon payment of the waiveJ im~ ~ the\ expense of the COL 1NTY. I ii l I ~ l \ l record any necessary docun\~~~~· rn~1~~.t!9n) ~]'he lien. includir.g. but nnt I. . d I · 1· \ \ '' mute to, a re case ol 1en. \"(\.> \ \ ' / 9. BINDING EFFE ,<"r~~Agreemcnt sha ·~ding upon the panics to this Agreement and their respective heifs.,,. e~\i s, successors and assigns. In the .~ case of sale or transfer by gift of the Dwelling the original OWNER shall remain liable for the impact fees waived until said impact fees are paiJ in full or until the conditions s;:t forth in the Impact Fee Ordinance are satisfied. In addition. 1h1s Agreement shall run with the land and shall remain a lien against the Dwelling L'111t until th~ pro,·isions of Section S arc satisfied. 10. RECORDING. This Agreement shall b~ recorded by OWNER at the expense of OWNER in the Official Records of Collier County. Florida, within fifteen (15) days atler execution of this Agreement by the Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply with the affordable housing standards and 4ualification criteria established in the OR: 2272 PG: 1882 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 tittecn ( 15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen ( 15) days atler notice of\iolation, or should OW~ER ,·iolate any provisions of this Agreement. the impact foes wat\ cd shall be paid in full by O\\'~ER within thirty (30) days of said non-compliance. OW~ER agrees that the impact fees waiYed shall constitute a lien on the Dwelling Unit commencing 011 the effective date of this Agn:cment 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 tht.! interest in the Dwelling L'nit of any owner, lessee. tenant, mortgagee, or other person exl·cpt the lien for County taxes and shall be on parity with the lien of any such C\~~!ll·I IJ the O\\'~ER 01.· 1n Jcfa tit of this ,/ l~;,, ·:"""",, Agreement and the default is n~Jt~'.~q. / :( l/.!t~Ci: written notice to O\\''\ER. the Board may bring a civil actiof f f.e:_i~~~~~ l~~~n. the lien may be tOrecloseJ or otherwise enforced by tqe C~.µ ·~,·r ... b~-{"'~,t(\ · ,uit~ as for the foreclosure of a t j <[! ;j ,p J '%. ~ 11 1 : J f f ~ '\ q l: : mortgage on real property. 1:~,i ed\ i 1 n;Lj· 1~ ,. y)othfr right or remedy .ivailable \ \ .J. ·'"!' cL.".,,,";~ l %_ . r to the COUNTY The Boar~\'Sh~ll e entit ed to rc1."~vcr a, eq~ costs. including attorneys \¥*t~\ 1.S( J ) ''·')/ "' "-· \ ' J l /!!4\%'%J l fees, incurred by the Board 1 5~~ing this agrcl.'n ~}!.~~~GqJerest at th1: statuto:-) rat.: for judgments calculated on a calc1~~b~~~ until P'1,!-.i/;' <\,':/ '.:.' ,, -' ,,,~ ,. ,, \ 1' ,.,, ' l r r , ,-, 'lJi \., /'' IN WITNESS WHEREOf.4ht'Q~!J~.~'lta~I.' executed this Agr1:ement for Wal\ er of Impact Fees on the date and year first above written. Wi~sses: ~,-<_ {~r#.'~ -,., p ..- Print Name A~cv1 1?4>&«J( \:.a e• '" ,,{ ,;; /; I • • -·. {>Print Name~~<',,, l:,,_.r. / , OWNERS: l\t\tOKALEE HABITAT FOR Ht:MANITY. INC. ., - DATED:~~ .. ~/~/~?,?' ATIEST: t-',• DWIGHT E. BROCK; Clerk ;;:::. , -· .4,: .J:U'-; ~ -A<!. ~...... 't- "' Approved as to fonn and legal sufficiency ST ATE OF ._F...,lo .... ri_da ___ ) COUNTY OF Collier ) 1/ / ,. I j The foregoing instruq\ent by Charles C'. Smith, Vice f!'res to me. [NOT ARIAL SEAL] jdlgm/clbullard/ agreement OR: 2272 PG: 1883 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: +1r111.t.M'TA S• )'.~/,:,·..;•. IMLl!~'Y ~Of Ail\ H ;'l ll' -,-f,\~E 0!'" HOIITll\ co·1~:::::.:('~ ~~'' cc:11:Ae:; _l~~': ~~:.:.~.' ~i..::i!°&Yl .. ~ :-C·. ~ ·"1v~ - 5 - *** OR: 2272 PG: 1884 *** EXHIBIT ••A" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 19, BULLARD SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 AT PAGES 76 AND 77, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - • Itta: 2367378 OR: 2457 PG: 2738 CUH !Om IOIB llTllOftlCI tTI HOOi 11' 7ZH UCOUID ia Ut OHICilL UCOIDI of COUill coom, IL UC HI tt/tJ/tl at ll:llAI DIIGIT I. llOCI, CJ.Ill COPJiS AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this/ day of¥ 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinatlcr referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational ):fa · Fee Ordinance; Collier County l'/ .• /··: \, ··., Ordinance No. 91-71, as amended •. J~(:~f er County . '\J~y Medical Services System Impact Fee Ordinance; Collier f un,~_:!]122.~\ded, the Collier County Road Impact Fee Ordinance; an~ Cq1li ... . · \ \ 3, \ls amended, the Collier _t f_1l l l' t County Educational Facilities ~Y(\™ e 1+i-+y be further amended from time to time hereinafter ¥!~~~ively referred to ~::Imprct P~j>rdinance", provide for waivers of impact fees for new o ~cupied dwelling . ./gas affordable housing; ' "'' ,~'\ >"', and '\~·0'--~~"' ~,,,,"""'-~,"~ '-' ')' '-.!!_ ,,,,,,, WHEREAS, OWNER has applied for' 1pact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban lmprovelllent;and \\'HEREAS, 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 waiver of illlpact 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 - 33.00 7.H OR: 2457 PG: 2739 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-_,~t'c::1 at its regular meeting of >~.1 I , 1998; 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: l. 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 is attached hereto as Exhibit "A" an<l incorporated by reference ""~~~~= ~~~ herein. /:;:C:: r; #::;·:·>, // \.J 1\::::~ .. ~ .. ::: .. ~:(/A\ ~"", 3. TE~. OWNER agree~)he~:1/: <nwelling U.nif's~~n as affordabl~ housing in accordance with the standards sct( fo\:fh 1;µr1h~·a1m.~n~1ce~ .. to th(\ lmp~ct Fee Ordmance for a / r I l-&"l~""~-c\tt~' '"-""''"%} \ \ \ period of fifteen ( 15) years cote~~·~'1'?··~ ' \ offccupancy is issued for the Dwelling Unit. \ .-, (l i 1 \\ ) \ 4. REPRESENT ATioJ\s;~~D w ARRANTIE \ . \ following: \ ' \~ \ a. The Dwelling ~~~'l·-0.~. sold to.~ .ll'ld with a very low income as "" Ji '\• '4' ""'""'="-='"'""'"':",..-=' /'''"' ·,.··· / I· r l\~ .\ .. defined in the appen<t' &~:JJ:ie:"~ftnpact F ec Ordinance and his/her monthly payments to purchase the 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 to a first-time home buyer; c. The Dwelling Onit 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 - 2 - OR: 2457 PG: 2740 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 houstng impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. S. 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 REQUI~,~,~,~tl~,'t?oPJ~~!~ing Unit must be utilized for affordable housing for a fifteen ( 15~c:'9(~~od,~ft~~~ifii~4{P'~~ certificate of occupancy is issued; and if lhe Dwelling Unii7~-!"~~}\ha;'p~\ during such period, the impact fees shall be immediately/rep~i e,,,, " 1 \ \ l j ,l'' . \ ' 7. LIEN. The waited ' afl ,, ~ thd Dwelling Unit on the \ ~, ' ~ ~ i I effective date of this Agreen\~;\ w 1ch hen may fo~clo~~'1Lpon in the event of \ ¥'\:\. \\ , I ,/ !%\%~) / non-compliance with the requirem { of this Agreement. l lC)/ \ '"· "' '''i / { . ' / 8. RELEASE OF LIErt{) ~'.bpon satisfact ,.<~b~~'tetion of the Agreement ~.,,,.,e ". "Ji""·~~,,~~."''"'="""'~·"''"~"'·"~-~'°" \ ,,,, #,,.,·" requirements and fifteen (15) years after ~hC'111t/i~f!i~J ~rthe certificate of occupanc}', or upon payment of the waived 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 foes 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. - 3 - OR: 2457 PG: 2741 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 Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement ( l) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a p~Ji,, ""-~(JS! days after notice of the violation. 1 1 \ (}$1"""· /'" i ,1i'' ""'"~""'~-='~"""''"" ~Co ( / /'\ > '""',, 12. REMEDIES. Shouldltllf; ·"" " ·ER of th'C··~ift~'fail to comply with the said l/ C))·/ '";:t" "'\ qualification criteria for fifteen (~1$) ~r~i~~~=eH~~tLC?,[~~~J,~tion,'\ sho\uld OWNER violate any I f "J1 ""'~'"'"', \ \ provisions of this Agreement, t~e iljl vfe~$"~·ill~~·" '" . I in full by OWNER within 1 ll \ll l' \ l'"'n 1 , thirty (30) days of said non·c~mp n lo I I I a It"' ~ ' ,imlpact fees waived shall \r~, \1 J uy ~ 1rWi~1 constitute a lien on the Dwellin~\~~t commencing ~~~·i~ .. etTu~ttv~ ~~ of this Agreement and \ ¥ \ \ \ ', ,~!~~' ! / -~%"""'} l continuing for fifteen (15) years ti \'{~,date of issuance''aff\h$l{~~~ate of occupancy or until repaid. Such lien shall be superior ibt~,~~Ql:lnt to ~l]e#~if{ .J··f~ the Dwelling Unit of any ' ''" Ji""I· '' -.: :~·"'""'=""'~""""'~'.'" ' i''''' \ , owner, lessee, tenant, mortgagee, or other'J;e~JicfJJil~::ii~~· for County taxes and shall be on parity with the lien 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 i:alendar day basis until paid. - 4 - OR: 2457 PG: 2742 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. DATED: f',;{~,f ATIEST: . . DWIGHT E. BROCK, Clerk ) . ~· ~,f · ~ st as to Ch•t,...,.•1 / 1111tur• oa1,.· I Approv~ iii. to fonn and legal sufficiency STATE OF Florida ) COUNTY OF Comer ) OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. '"' 8 ~harle;C./S · BOARD OF COUNTY COMMISSIONERS ~-::·"Cti~'hJlER COUNTY, FLORIDA The foregoing instrument was acknowledged before me this _.:z(/ day of M< 4 , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. . c·· r ~ , ' -•./ '"'-i:,l..... ,,,...- .. JNOrARIAL SEAL] Name of Acknowledger Typed, Print . . . . . ·~ ·~d/agreement - 5 - .. OR: 2457 PG: 2743 EXHIBIT "A" LEGAL DESCRIPTION -BULLARD SUBDIVISION - 6 - I i I I z 0 ~ Cf) ~ > : H -= Q = = ~ ~ ti) ~ al ~ ~ 1¥ :c: < M ..:I ~ ..:I ~ ~ I I I ;:: j "' ~I ! § 1: IS II. • I le : t l z ... 0 i •• !. :I ii •1 L-~·~ --- .. ,,•J"' . .. ·"<-) 8 .,,<-) I ..... .. .. l:~ .... ..... ~i f_ E~ ... -:,.: uO --- I!! 2)' TRAFFORD RO..W \SR S-650) ---- l , ... th I~ 1•• w• ~ s1 I l I I I 60' R/W (E XIS ~G) ---- *** OR I I f I : 2457 PG: 2744 ..i ""' -0 ::I rJ 0 0 u Or:: 121 ~ ::I ::I QO et: cu = Ill ~ ...J ...J a-ll'l "° 0 N- .;t - *** • letl: 2367379 OR: 2457 PG: 2745 WU TO TU IOW UCOlDID ia tbe OHICilli UCOIDS of COUill covm' fL UC 81 1m10rr1a Ht rLOOa H/ll/H at ll:Jllll MIGIT I. llOCl, CUU COPUS llf Utt AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver oflmpact Fees entered into thisL.s{iay or¥ 1998, 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." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreation~i\·{~I!!~~~!~·~., ':~~e Ordinance; Collier County Ordinance No. 91-71, as amend~//~:'.,/ ·'.rli;r County En 'k Medical Services System Impact Fee Ordinance; Collier ¢oup(y'Qrdl~arte&·Ne..~22. as~m~ded, the Collier County l / "' \' \ \ \ Road Impact Fee Ordinance; 1 C"Mr'':'1f , :\ ~ f 3, r amended, the Collier County Educational Facilities $y~t~' ' · ce:11 htf:¥~may be further amended 1 \ J \ g ' "'"i from time to time hereinafter ~~tively referred to ~' Ordinance", provide for \' waivers of impact fees for new o \ , ·~cupied dwelling un .,q.tf'\! ng as affordable housing; ~'00i1----<;t/ and WHEREAS, OWNER has applied fo;,a:waiven:r impact 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 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 - ll.00 7 .00 OR: 2457 PG: 2746 WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-_J.:f..L at its regular meeting of • .Jyt-:l:. L /.L .. 1998; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agr~ment with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS JN CORPORA TED. 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 following: Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. a. monthly payments to purchase the 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 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 - 2 - OR: 2457 PG: 2747 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 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 REQUIREMEN':t;·:~·J:. · welling Unit must be utilized for /.··/ \t".I< C affordable housing for a fifteen (15)/Xi~\Jerii>a .. a.fter~t ~),~.certificate of occupancy is issued; and if the Dwelling Unitf ff _!e:t~~-\11~~\ during such period, the impact fees shall be immediatetx/rep1'i.~~~.!\ie ... · • · \ \ \ l l.l l \~ ir~ ' \ } 7. LIEN. The waited ·t 1 Jf shai\J ~ th~ Dwelling Unit on the 1.-. I I l 1 \ J effective date of this Agree~,, 1ch hen may · in the event of \ .#'\ \ non-compliance with the requirem\~~fthis Agreement. . / 8. RELEASE OF Ll~C~:~~O('Q!l satisfac~9~··:·{~°6t:tion of the Agreement ·,,:~~ l' ,.~-;:~·~: .. -· .. \.~ .. ;:/ requirements and fifteen (15) years after the'd~!i!P' etfof the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the tennination 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. ln 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. ln 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. - 3 - OR: 2457 PG: 2748 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 execut!on of this Agreement by the Chairman of the Board of County Commissioners. 11. DEF AULT. OWNER shall be in default of this Agreement ( l) where OWNER fails to comply with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and therearter 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 ~~J:i J{~~(~}~;~t~ays after notice of the violation. /"'" "'""'"~""'-'~"""''""'"'"' .. (.,.,~/ l \ j0 ., 12. REMEDIES. Should/r · ER of the··p~.~fail to comply with the said qualification criteria for fifteen<{> ~!_8!""'1!~!:'.~•ti,;;;);,~uld OWNER violate any 1 ~ ~ f \ 1 provisions of this Agreement, t~e i~ ~=. · in \full by OWNER within l ll l~ l \ thirty (30) days of said non-c~mp" (o 1 , a h~ )rrlpact fees waived shall \ (~l . \,, cL~~~~ J t~ / constitute a lien on the DwellingtVJljt commencing on tlw effe~tivef tt:it.b of this Agreement and \ ;:"\: \ \\ ', ~l~,, .1 l_ 10.\%~) l continuing for fifteen ( 15) years ~~{~~'date of issuance:;~~{QJ?._t{~)t.ate of occupancy or until repaid. Such lien shall be superior ~~'~Q.\lnt to ~b~~~t(' , .... ::f~ the Dwelling Unit of any ' "'-Ji""I· '' '.: ' ""'""'="-=""""'"'"'" ' i''' ' \ ' """' owner, lessee, tenant, mortgagee, or othe;'iie~,~c&p\l1;~:=11~~/for County taxes and shall be on parity with the lien 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. '!his 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. - 4 - OR: 2457 PG: 2749 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. DATED:~~~/ ~ ATTEST: .. ' DWIGHT E. BROCK. Clerk ' . ·. « '· . t as to-.tbajl'llln· 11m.ur1~ -~I· • ~ved· ~.to fonn and legal sufficiency Assistant County Attorney STATE OF florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this .2.,/ day of /,}« & , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. ().,~ £} . _.·····.~Q.T .. A!UALSEAL] Si~Pc;';nTaking 1~c~:is;;; ~ ' .,-JOANNE DALBEY .... -~ '· (J~ ·• MY~fCC,_11 J . .,.,. ' ~ ... . "'~ t. eXfta8lc ........ i ._ (I "l"" : '9t.,, - : d L> :,; : Name of Acknowledger Typed, Printed or uv .... ..., ........... ·· . ...:...... j ~,, <.-. I "~,:·~' : ,..." ,; . ., o" , -: ·. ··-. ~c/bullard/agreemcnt - 5 - OR: 2457 PG: 2750 EXHIBIT"A" LEGAL DESCRIPTION -BULLARD SUBDIVISION - 6 - EXHIBIT "A" ' ~ - --_ ,!!!1£ '---"'d-___ ! __ -BULLARD ' -, I SUBDIVISION -----·----; x= ti I ~ .. ~:~l/i i ~ ,. "' .. 0 .., t, ~ ·-,.... Jl Ill • :.> ') .... I I . i I ~ :.> ~ -;:;; IS "' £ .e I (NOT PART or mas PLAT) "OT FLATTED ~ ... ... CE LI£ i[RY PROP[ RTY 0 R. 0000< 180. l•A(,( 77J .ll • Ito // ,, _(\._ \)· •to Oii u "'C":•YOC. w , .. ,.00 -i., -/£?/ ----"nNc) / c-, I 81 r: ______ /"~.:ZJ.'. ______ 1 ____ --. ''. .M~ro .. ..sti# ~!">"~ ~· (AS J (1£"""" IAS•Sl s oo·o·oJ-i: --- ---- ---- ----J ·M. /, , :%\'4;;~j;/ ' / 7/ ·············~-~······;··' // ,/,/ ,_,,,_.,,,,,,//*""' ---ADDRESS RANGE: 4269 -4325 Little League Court 1105 1181 Little League Road ~ Page 7 ...., ~ "' -Ji --.:. Q ...., ~ ""' ...---- ~· ltta: 2367380 OR: 2457 PG: 2752 CUU TO m IOW llTllOHICI tTI PLOOl UCOIDll iD tH OHICW UCOIDI of COLJ.IU COllT1, PL UC RI lt/Ol/tl at 10:1111 DllGIT I. llOCI, CLlll COPIIS 11! 7240 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this!_ jd~y of _jyzt 1998, 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." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreatio9a,'"{~f!if~~~l~v~~:f,~e Ordinance; Collier County ,,,,/" ): ,' ,~:~··<"'""~"""' "°'''"""'"'·""' :,z \/ ')') "'~.\, Ordinance No. 91-71, as amend'(,~;/ '~Hier County E~e~H:c\ Medical Services System Impact Fee Ordinance; Collier ,l::ou,ify ':G;:diij;;;'ctrNtr:,~92~22. as\tm~ded, the Collier County l f \ \ \ i 1ing as affordable housing; and WHEREAS, OWNER has applied for a impact 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 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 - l - 33.00 l.00 OR: 2457 PG: 2753 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-.J£J at its regular meeting of J~v' I , 1998; 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 arc true and correct and shall be incorporated by ref ere nee herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; h. 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 -2 - OR: 2457 PG: 2754 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 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 REQUI~.§bi~~Jl~·(3~)}·~~~~ling Unit must be utilized for \) ,. ···········~···~.... {. ., affordable housing for a fifteen ( 15), .::PetiOd after 'flt ~ l~e certificate of occupancy is issued; and if the Dwelling uru7/.~~~_!~h~~')~ during such period, the I f "« f \ * impact fees shall be immediately re · · .t.Q,~ 1 \ \ i lµ~,\~ } LIEN. The waii~ed 1 1 o+ th~ Dwelling Unit on the \ ~ J ~Wi~ j 7. \ . . . . .... _:.::, '"' effective date of this Agree~~·~ which lien may \~~ foi\eclose<t' /upon in the event of \¥0(\\ ~'' j 1!,1\ I non-compliance with the require"''*~~(~his Agreement. .. ./ ... 8. RELEASE OF u&~~}~.lL.~.~~~~f~t~!f. /.irtpletion of the Agreement requirements and fifteen (15) years after,.tli~dJJ~.£~1~e;~f the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the tem1ination 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 Section 8 are satisfied. -3 - OR: 2457 PG: 2755 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 Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement ( l) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a pecrj.9d:?f;fii!~~l.t~> days atler notice of the violation . .• ••• . < l" l' ( .. ( \ •~ c""· 12. REMEDIES. Should .t // ~£R:·or::m:e'·~6p~, fail to comply with the said l-,,,,t $' 0 qualification criteria for fifteen ( l ~' . i;afler.nQ!ice of violati~~~ ~\ould OWNER violate any provisions of this Agreement, ti~ ir£~ac~.e:tf;~ -·········~h~·\ be pa~ in\run by OWNER within f ,~ \ thirty (30) days of said non-c4mp ~ i~pact fees waived shall \ t~~1 J ~~wq I constitute a lien on the Dwellin~\.S • ·e/dltt¢ of this Agreement and \~' ~ I~/ continuing for fifteen ( 15) years ~ date of issuance·~ , . yfate of occupancy or until repaid. Such lien shall be superio'illq~:~~~nt to !~~#~~ · .. ~::{~ the Dwelling Unit of any '"'" Ji"'·w ., __ "'""'="""'~~"""'''""" . '".-·' ,.,,/ owner, lessee, tenant, mortgagee, or othe;·p~,~~e\Jb~=Hen for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cure.d 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. -4 - OR: 2457 PG: 2756 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. DATED: j?~~/;- : 'A'ITEST: . OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. svd,L~,c~; Charles C. Sm{~.y President BOARD OF COUNTY COMMISSIONERS · . • DWIGHT E. BROCK. Clerk : ' - .... L-.. 11 .to,. Ctia 1 / ture •.~ 1·· · I . . . ,.. \ Approved' 'as to Conn and \ .•.•• , I gal ffi • I\ \ e su 1c1cncy \ ""\'.\ \ U .cit d AUt J!~~<-<:;~1 Heidi1 F Ashton,_ ~/ ' "·"·· I lf n~ \ .... :>/ • "'"·~'""~ '~ ¥-~ ID~'>'~""''"''",<ft Assistant County Attorney ···-············· STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this 2!L day of A.tt Ge. , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally Jmowo. to me. I• •,. - 5 - JOANNE DALBEY MY COMMllllON •CC 1Mll PJSaa-- OR: 2457 PG: 2757 EXHIBIT "A" LEGAL DESCRIPTION -BULLARD SUBDIVISION - 6 - ·1 ~ ... ) !I f: i: ... 0 I ~ ... I:; •• ~ ii ... I \ I ~ • \) & iJ , ... ...... Ii .~ .... .J ·-... I :J ,-- I I I 1L • uiu• i . p ~ ~ . --+-=== ----•L-:--~--l-_,.-----------_,,,..,.--.-:Q ' 11'\~·o· ·• n! 2 :r =."'" '!RA1fORO F<OA!> (SR S-8!>0) &O' R/W (EXlSllNC) ------------------------- *** OR: 2457 PG: 2758 *** C.I C.I :I ::::i co el: l'3 co QJ :.i ..J ..J QJ C.I -..... j,,I .J j,,I ~ ·"4 •l"I ...J ~ a-ll'l '° 0 N -.;t ..... . . Itta: 2367381 OR: 2457 PG: 2759 CLIU to TD IOW UCOIDID in the OHIClll UCOIDS of COUill com1, PL ImlOHICI '" fLOOI ot/13/H at ll:lUI DIICIT •• llOCI, CLIU UT 7240 UC RI AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES COUii This Agreement for the Waiver of Impact Fees entered into this L!'day of¥-1998, 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.11 W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreation~.! .... Fae\!~"s(=~ref~~~·~.ee Ordinance; Collier County /.. \.1 " : .. -·······~········ .. {.j ., Ordinance No. ~1-71, as ~end~)/t;;/..,. "t.lie.r County·· ' , ~~\Medical Servic.es System Impact Fee Onlmanc~: Collter /o(Y~~~)\22,~m\ded, the Collier County Road Impact Fee Ordinance; 1U1iti C~~:,.(qoµ ·~Qr ·. . · 3, 'flS amended, the Colher t J/' 1" \~l \ ~\~,~11 \. i if } J l "" i "i~ f l \ County Educational Facilities ~~!~~ ''···· · /~Jdf;" h,t~ay be further amended \ .. ·'' \ '°'"'·"·"" ..... i:::. •• ~ •• \'::::i J '· . i from time to time hereinafter ~ol~tively referred to ~/lmp~ct f ~'1brdinance", provide for . . \\'G~~f,J \, . . ,_, / ?/le-. waivers of impact fees for new o~.~~~up1ed dwelling t,q,µ~ .. > / ng a." affordable housing; ,~ ( """"',, ,,,,.,·"''/. "'I and '' ....... ........ .. .,.... .. ~.,,_ ~}"'· :~,~~~."''"'=""'~~"""'"''.'"-~'°""'" ,.,,l·''" ......... ' I.I r:.. r \ WHEREAS, OWNER has applied for·11::wa1.~:et! · pact 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 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 subje(':t to satisfaction of all criteria in the Impact Fee Ordinance qualifying the proje(':t as eligible for an impact fee waiver; and - 1 - ll.00 7.00 ., OR: 2457 PG: 2760 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-?jl 3 at its regular meeting of.-~/ I , 1998; 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") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. """""~~~~=~~"' e•'0,/'"'''':~'',t~~ ({"'~ -~"~ .,:~,:~~,,~ ./ \ lL, . -· l.1 ( / ~ "• 3. TERM. OWNER agrees t~.a( We1fing··umt:~ltf ' l:!lain as affordable housing in ,/ /"''' ''"''' J' ,.,, ~ '\ accordance with the standards sfo?*~~!"~1 to t \'.~act Fee Ordinance for a period of fifteen (15) years comyhen¢ln ~Wfl!~· the c rtifi~~.!,~ o~ccupancy is issued for t' \~l(' // \ \ the Dwelling Unit. I · I ~/ l I \ .-\ ~ I I I 4. REPRESENT ATI0~~··1 ' oW?tIBR./~efesents and warrants the foJWwing: \ ~>" ·. ~{§/ a. The Dwelling ~~~all~ sold t~.~.~t(~~9·lCt with a very low income as '~ /'"·Jr ,,: :~·"'""'="""'~'"'""'"''"" i'''"' ""'·/' "'"'""'/ ,.,.. ' . ,, .< r·: ,r , ./' defined in the appendkt!:?J.~~~~, mpact Fee Ordinance and his/her monthly payments to purchase the 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 to a first-time home buyer; c. The Dwelling Unit shall be the homeste&&d 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 - 2 - • e. OR: 2457 PG: 2761 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 impact fee waiver qualification cri~eria 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 REQUIREMEN'.F:~~···'.fht1kDwelling Unit must be utilized for ., •. /·< ·p !il (;(\ .~·>·"· affordable housing for a fifteen (15>c .. 'f€~.:~~·oa~·an~r~~~~~~l'e certificate of occupancy is issued; and if the Dwelling Unif eas~~'-~~ha~~ during such period, the unpact fees shall be 1mmed1atel~ repfll he l:JN Y. 1 \ \ l l lJ"'~-t 4\\\\ 4i'':';!:\ \ j f " j ' \ ll 11 ' 7. LIEN. The waiyed Im f~ ~ha)l . '"or\ th~ Dwelling Unit on the \ci~ \\}/ ty J£Wi~i '!_\ .! l"'.:b~-J'·'""',.P x'B:'"R JL J effective date of this Agreen\~1;\ w 1ch lfe1f may··\~ o c o~~· 1upon in the event of \ ¥*t'4\ \ l4,ef l '') l \\"'', \ l k.\%"'-ij non-compliance with the require • 'Qf this Agreement. · /. () / \ ·~ "·,. ,/· \,.) / 8. RELEASE OF LIEN/) I\· n satisfac,! ./ ·~xn6letion of the Agreement ,,~~'~ ~-~ "'""" requirements and fifteen (1 S) years after the·, of the certificate of occupancy, or upon payment of the waived 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 Section 8 are satisfied. - 3 - OR: 2457 PG: 2762 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 atler execution of this Agreement by the Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a peri~.ot=~t'Hleen{J 5) days atler notice of the violation. 12. REMEDIES. Should~~ ~o~~/ail to comply with the said qualification criteria for fifteen (lrd~!l-'1!'.!!!(~<.~~atio~r~uld OWNER violate any provisions of this Agreement, tlfo iJiipact e i shall be pafQ in\full by OWNER within l l ;t'~ y"~-t 4\\ 4i'"i,7:\ \ thirty (30) days of said non-c~mpJ( (o .~ E~1 ?th~ inlpact fees waived shall \r~\ \\ \ j /~ ;~ ! J~~~! constitute a lien on the Dwellin,rtJ , ·~ng ~ ~~, eff~t?',~tf of this Agreement and \¥"""'"'\\ 'tS\'\. l ) "1·1 continuing for fifteen ( 15) years · \ \ '~e date of issuance·"'~lih~ ate of occupancy or until .'~ . "\\' \,_,ni repaid. Such lien shall be superior·"' .~)~~~unt to !~~#d~n, the Dwelling Unit of any ' "'-Ji""I· '' '.: :~·"'""'=""'~""""'~'.'" ' i''''' owner, lessee, tenant, mortgagee, or othe;"p:e~~,:§~e!Jiib n for County taxes and shaJl be on parity with the lien 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 interes< at the statutory rate for judgments calculated on a calendar day basis until paid. - 4 - ... OR: 2457 PG: 2763 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. DATED: 9,,;J/f tf . ATTEST: DWIGHT E. BROCK, Clerk J / At st as tG ch• t'run · s s-·t 1ture ~ lJ~ Approved as to Conn and legal sufficiency STATE OF Florida ) COUNTY OF Collier ) OWNERS: HABIT AT FOR HUMANITY OF COLLIER COUNTY, INC. BOARD OF COUNTY COMMISSIONERS ~·::·t't~l::.'1..U~R COUNTY, FLORIDA The foregoing instrument was acknowledged before me this £.. day of Y< h . , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. . ~ \ 'J ' ,, . ec_ .. ,_,_ -e .C ' I"· - 5 - JOANNE DALBEY MYCOMMIS.1ION •C:CT.Ml2 EXPIAl!S 05/JQ.l2lll02 • . . OR: 2457 PG: 2764 . EXHIBIT "A" LEGAL DESCRIPTION • BULLARD SUBDIVISION - 6 - *** OR: 2457 PG: 2765 *** -1 ~" . 8 • ~ (, °") .,,.) i .., ::: 1°:'1:5 •c wi:. ~i L .. ~~ "' z 2· ..,a: 0 l)() l 1-1 \ ...J l Cl) l M -::: 1-1 l :i :e > l 0 0 . 1-1 u x < Q ./J!::I ,.._ : ~ Cl.I ~ ::> ~ = QJ fo-o Cl) QC ~ 00 H ~ :e ~ ~ Q QJ j Q.. ' ..... H ~ x < >'f ..J ~ CJ '"~ ..:I , --1·-u;-----.... ::::> ...J ..J i:i:a ...J ...J ..J I ~ I .... .... I .... .... I ::; I Ll"'l __ l N 0) I \""') I ..., -r--r- j:' I I :s s:. I I 0\ I.fl I I ~ 0 ~I ! ~ N ..... ..;t ..... ... I i: 0 L ' I .... DC t c L z I ... I C:J 0 •• !;. t,!) ii z I < •• ' :i:: I I V') \ ti) ::.;i er:: I Q L -· \ L_ Q < IJt.&I' -·+==----s .. ~~·o·:• 1 !-! 2Y =. •tw I.Al([ TRAFFORD llOAO (SR S-8~) 80' R/W (EXISTING) ---------------------------- Itta: CJ.Ill TO m IOllD lftllOPf ICJ tTI PLOOI llf 72U 2367382 OR: 2457 PG: 2766 UCOUlt ia Ue OHICW. ucous of COUill COUft, IL =~I: 09/03/91 1t 10:3311 DIIGIT I. BIOCI, CLlll AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thisL'iay of-...¥ 1998, 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." WI TN E S S E TH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreationa,l~·· ~C{!ji?;~5~~~'·J:ee Ordinance; Collier County /,/'"p ,~~~:~"'''"'""«''°'""'"~""'~"==·~"~'"""'"'"'··,,,_~~J:,l \,l" '~), ~~ .. _ Ordinance No. 91-71, as amend~,lti// flier County Erne~~ Medical Services System Impact Fee Ordinance; Collier 1~ou?{y 1;~~lliillce.N~.~2'2\22, ~m~ded, the Collier County / / -· w\ ... ~,r~'"'"',. \ \ \ Road Impact Fee Ordinance; id CJ ~ir~f~· . . \33, r amended, the Collier County Educational Facilities ~y~t Um , · l 1 . ••. • c h~~~Jliay be further amended 1 \ , J, , ~~~~:::>' C~~"=0;~'J l ;~~'"'' i from time to time hereinafter ~~~ively referred to d/'Imt>fict./F~ 1 dinance", provide for waivers of impact fees for new o , :~cupied dwelling · .4/~"~y ng as affordable housing; and ~~('~--· )YI WHEREAS, OWNER has applied f~;·a~wiiverl5 impact 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 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 - ll.H 7.to OR: 2457 PG: 2767 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-..lt/Y at its regular meeting of ¥-Jr J / , 1998; and .7 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 is attached hereto as Exhibit "A" and incorporated by reference herein. ,.".,,·"''"'''~.:_,,,"" ~ ~~~= ~ ~"' -->-<.., '"·"'," ,,,,if,.,,/, ., \:."" k ">··~"""·~""'. 3. TERM. OWNER agrees)~~~~~~Tling·~o··· '~1i~J~ain as affordable housing in accordance with the standards 1fofl~l'!"."'~ to ~~~act Fee Ordinance for a period of fifteen ( 15) years comtl1en¢iq om~ ··· e the i rtifica~ of\ occupancy is issued for l {/~.~~ \ \ the Dwelling Unit. I I( l 1 I/-\ ll 4. REPRESENTATIO~ \ ¥'\~\ \ \ \. ,, \ following: \Z;i\, .. ".>,/ a. The Dwelling ¥',~~ltJ?.!'. sold t~.!\#~~·~(~o(d with a very low income as '~ /'"·Jr .. : :~·"''"'="""'~'"'""'"'"'" i''''' \&,/\ "'"'""'/ defined in the appehdW~.~~~~. ·Ji~ct Fee Ordinance and his/her monthly payments to purchase the 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 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 - 2 - OR: 2457 PG: 2768 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 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 REQUIREMEJS:I .. ~~·~.Ih~ Dwelling Unit must be utilizt:d for "'"''''"''"'''~,,._,, l:f~ •f"'"i ,.._,""''''"·"·"''" •.•• .c < t' l., ( .( \ tc"'· affordable housing for a fifteen (l 5~,~(~.:~0tfafter'.:dlie.:~~~~~~e certificate of occupancy is issued; and if the Dwelling Unit y6Jef·t~ be utilized for thatt't~~e during such period, the t I · \ / fl ' \ impact fees shall be immediatel>:lrep;lid t ~ ·· NTY. \ \ . . ~! ,/· z:r?\ \ 7. ffe poq thq Dwelling Unit on the t \ '* j} l l \ \i ~ i h 'i effective date of this Agree h '· · ~J~: Lpon in the event of non~:~lianc:~:::E':~re ~~~ A:::;~t {i%on of ilie Agreement ~.,,, .,e "' .: :"""",,,., requirements and fifteen (15) years after tb ohhe certificate of occupancy, or '~~'""'""~·-·~='""='~'"'~ upon payment of the waived 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 hen against the Dwelling Unit until the provisions of Section 8 are satisfied. - 3 - OR: 2457 PG: 2769 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 Chainnan of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a ~ri~~t~tlf~~~~~~.days after notice of the violation. 12. REMEDIES. Shoul~l~~~Ei of:tli~,~~!ail to comply with the said qualification criteria for fifteen ( f ~~~~~ati.;;,~ ~\uld OWNER violate any provisions of this Agreement, t~e i , ' ' · . in \full by OWNER within thirty (30) days of said non-c~mp ~ i~pact fees waived shall \ ~&A, t" J I I I\ I . constitute a lien on the Dwellin~rt1]\it commencing on e , {~11~ of this Agreement and \""'"'t\\\ ! /'_10.\%~)/ continuing for fifteen ( 15) years \ ~~'~ate of issuance ~~t/:t~1~ate of occupancy or until repaid. Such lien shall be superior ~)jar:llQ!~Unt to t~,~#,· / /' .. J·fo the Dwelling Unit of any ' ''" Ji""I· '' -.: :~·"'""'="'==""""'''"""-' /'_.,,, """' owner, lessee, tenant, mortgagee, or othe;·pe~~~~l?\)'h;: en for County taxes and shall be on parity with the lien 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 interes·• at the statutory rate for judgments calculated on a calendar day basis until paid. - 4 - OR: 2457 PG: 2770 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. DATED:/~~F A)'TEST: .DWIGHT E. BROCK, Clerk ·. Attest s to Cha h-.an · s s 1gnature on 1 J •. Approved as· to form and legal sufficiency ~ J AL11 Heidi F. Ashton Assistant County Attorney ST A TE OF Florida ) COUNTY OF Collier ) OWNERS: HABIT AT FOR HUMANITY OF COLLIER COUNTY, INC. The foregoing instrument was acknowledged before me this j-JI· day of <"'f' u (j, , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier Cow1ty, Inc. He is personally known to me. ., [NOT ARIAL SEAL] Name of Acknowledger Typed, Printed jdf gm/ci1:1ullardlagreement - 5 - OR: 2457 PG: 2771 EXHIBIT"A" LEGAL DESCRIPTION -BULLARD SUBDIVISION - 6 - :z 0 ..... (/) .... > .... ~ i:Q ::::> (/) Q °" ..: ..;J ..;J ~ ,-+UL• --.......------.:...: I I I ~ I I J ~ § 1: ~ A. I gc -c ~ A. z ~ •• lS. z ii •• I \ I I L. _ ,uiu~ --- lRAFrORD .. R::>>J> (SR S-ll50) ----- 1 I I I I I I I I .... I 1\., If: 8 , .. I ··~ I .. ..... t. l -, 00--!l I! . I~: I~ I _J : -r--r- 1 1 i i I ! I I I I I I I \ 80' R/W (EXIS,-..G) I I L *** OR: 2457 PG: 2772 I I i i CJ CJ ~ ~ or. et co Cll ~ ~ ...:l ...:l ~ CJ ,...; ,...; .,J ..J .,J ..J •1"4 .... ...:l ...:l *** ltta: CUU TO m IOlU ImlOHICI HI PLOOl UT TUO 2367383 OR: 2457 PG: 2773 UCOIDID in tht OHICUL UCOIDI of COLlilll conn I n 19/11/tl at 10:3111 DIIGIT I. llOCI, CLIU AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES UCRJ COtlll This Agreement for the Waiver of Impact Fees entered into thisL{ay of# 1998, 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., hcreinatler referred to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreatio~~.!, ~\~*s(~~" .~~e Ordinance; Collier County ,/ ""'' ,Ji· ,,,,.,~~·"-~""'~-="""""''"""' ,, Ordinance No. 91-71, as arnende~?' ·· · Tier County , . ~E~~\ Medical Services System Impact Fee Ordinance; Collier 707-erd~~~Jf 2.':.\run~ded, the Collier County Road Impact Fee Ordmance; an/l Cft!7~ft~~~~~h · 3, '\amended, the Cother County Educational Facilities ~yst~b JmnAct lF~ d>Jdt" h~y niay be further amended $~I. \ '~::~;~1 \0~~~~$,,4/ d""='~~ ,/ ~~~ J from time to time hereinafter ~o]~tively referred to q/Imp)ict f~'1brdinance", provide for \\$\\ \ J ,//4 \%"0.l/ waivers of impact fees for new o~::f~cupied dwelling· tA~·~~l~g as affordable housing; '\'. ;r· ''.. / (' \, •. '/ and ':::::'t:'>;··~···"···~······-····~~:;~·;1\.:> ... / "·" I l·}J: .. ·.·•. •.·• ,, . ., \ .•... /. ""'""" )( Jl . "~>' ·~ k ·~. ~~Th" ft~,f'~ WHEREAS, OWNER has applied for·11::wai~!eftmpact 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 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 - ll.ff 7.11 OR: 2457 PG: 2774 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-f-KC at its regular meeting of~ k.,;· / , 1998; 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 tnie and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the 11 Dwclling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees , /-·-~~~j;,A;main as affordable housing in ,/ ;,, ,,, "t' :''" accordance with the standards '/fo~~·l!L!!!~ .. ~ppendices to~" ~act Fee Ordinance for a period of fifteen ( 15) years com6'.ien/in 1fro·"'.~ ······t~·tii{··~ertific~e o\ occupancy is issued for I f / ~ 1 • • t ii \ the Dwelhng Urut. ! II l 1 '1 ' t\ i y l r~1~' 1rWi~1 4. REPRESENT ATIO~S:~ . ~ I!Pfesents and warrants the \~\ !~I "' "·· \ I Ai\%""/ J following: '\, /<(~./ a. The Dwelling ri!~ ~tbe sold to !Jw·~&t,s}rci with a very low income as ~.,,, .,e ,. ""Ji""· :ir~~~."'""'=""'~'"'""'~:·,.-~:'" '"···"'' '\\'\ \ >,,"'"' defined in the apJ;e~~~.!§~~~\A~::tnrp~ct Fee Ordinance and his/her monthly payments to purchase the 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 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 fitleen ( 15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and - 2 - OR: 2457 PG: 2775 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 covenams 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 REQUI~~!~~l,;~,~~'.I',~!\":!2~clling Unit must be utilized for affordable housing for a fifteen (1~)'.~ie~,~~~~~ff~r\ik~f~:fle certificate of occupancy is issued; and if the Dwelling Unit/l~~ '1;1 to,,be~uE~~~~~~-fo~,,,1ha~~~e during such period, the l ,l J.fu';,~""~<X,7~'9~ '"-""'''\§ \ \ \ impact fees shall be immediately renaiillit\ TY. \ \ \ I l l,,,,.,~ ,l"'""''\ ~ ,l' 7. LIEN. The wailvedi11 m 1 ac{ffe I,-\ '!_\ j effective date of this Agreerh¢t~ w ich ien may in the event of \ ¥""\"''"> \ \ \ " non-compliance with the require~ j\Ofthis Agreement. \ '*'+%,,.,.,_,_'\\ "~ ·.">,, . ,,)/ 8. RELEASE OF LIENf) i~~n satisfa~!ory', )n'pletion of the Agreement ' '~ )'"'· %' "'-~,~·~""'=""'~'"'""'"''"we=~.'°" ,,··"'' "!(\ ,,J' requirements and fifteen (15) years afte;"tn~·· ' r~·of!~~c~ of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the tennination 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 0 WNER 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. - 3 - OR: 2457 PG: 2776 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 atler 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 comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for ~ .. ~i~{f~'j1}:~"~ays after notice of the violation. ,/"' ,) ,Ji•·_,,'""""'""'"~""'~~·~"~"""'"'""·· (.,,_/ /'' ' 12. REMEDIES. Sho~~p~1 /. · ··ER of the"·p£~ . l}'\fail to comply with the said qualincation critma for fifteen ~~)r~~~Jl\lati;;;,\r ;h\"ld OWNER violate. any prov1s1ons of this Agreement, ,he t')lt'F~l~c;~1~~ 1 1 m\full by OWNER w1thm I !1 I Jt r ' ; ~ t \ thirty (30) days of said non-cf>Jl~.~ · ' · 9~ 1 t~e~~!rppact fees waived shall 1 \ J. \ 4!' C' ~'"'.:-t g '· , ; constitute a lien on the Dwellirif]~it commencing.~n lt:!. etl ti~l~lc of this Agreement and \ \ ,•' \\ ""'~.: ' ll/~::;"'J / continuing for fifteen ( 15) years ·~.date of issuance' cC~~~tcate of occupancy or until #""'"\_ ' ./' "' / repaid. Such lien shall be superior 'tt~,J>~:i.mt to J~Vl~~~.s( in the Dwelling Unit of any '<".,J'/:1 r~~,·1: 'l' ····· ,, · ':~/# owner, lessee, tenant, mortgagee, or other pe'i'soo::ex~, llen for County taxes and shall be on parity with the lien 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. - 4 - . ,, OR: 2457 PG: 2777 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. DA.TED: _:v;4,--· ATIEST: '·. DWIGHT E. ~~QCK, Clerk ~ .~/'/ \ . f; /// +--· .... · :;,-... w. • ~ I ·. ·. .· .· . \ / ··.,Attest as to.Ch'atrun's I 11gn1ture onlJ. · Approved: as ·ta fonn and legal sufficiency ST ATE OF Florida ) COUNTY OF Collier ) OWNERS: HABIT AT FOR HUMANITY OF COLLIER COUNTY, INC. t JOANNE DALBEY -5 - EXHIBIT "A" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 25, BULLARD SUBDIVISION, RECORDED IN PLAT BOOK 27 COLLIER COUNTY. - 6 - OR: 2457 PG: 2778 EXHIBIT "A" BULLARD SUBDIVISION I !-----~~!--~"----~----, I I ~ .... ·-.. .... ""' t 1 ' NOT PLATTED i: -·--i) ~ .. ;1 : I ~ ~ i -~ 0 • ,. "' ,. 0 .. G "! 'Ui Ji "' } "' I OI g ~ :Ill ~ ~ ... ~ ... i 8 ADDRESS RANGE: 4269 1105 ' I t£ I.I( T£ RY PRoP[ R rY 0 R. OOOK 180. PA{.( 77J 4325 Little League Court 1181 Little League Road Page 7 ,.., / ~ /<'.. \j· -· ' '\'. l --· ~ ···-.. " ---~ ,..., ... "" ~ ~ . . Itta: WU TO m IOllD ImlOHICI HI PLOOI IU UH 2367384 OR: 2457 PG: 2780 ucouo in tbt OHICilL ucoua of COLLIH comt, n lt/03/tl at 10:3311 DllGIT I. llOCI, CLlll AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES UC RI COPill This Agreement for the Waiver of Impact Fees entered into thisLfl'day of-¥:-l 998, 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." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational... ~ l,Fee Ordinance; Collier County Ordinance No. 91-71, as amended, ,t{/ lt1er County ·~}~~~~v Medical Services System / ' '.··· '~'-"'\ Impact Fee Ordinance; Collier 76~~>~~~n~~~.N.Q~.~r~?2· as~m~ded, the Collier County I f W"J\ ""'~'"'"', \ \ \ Road Impact Fee Ordinance; an~ C<t~.~..,:::;9,·p~ :Q{~~ · · 1 3, ~amended, the Collier t // I Jl , ~ \! f . \ County Educational Facilities ~>:!!. 11 ' • S}r}ii~iul 1 \ J. "'!' c:..""""'"'';~~ from time to time hereinafter ~~eNively referred to 1 1!!" mptct i , rdinance", provide for ~\10#\\ l waivers of impact fees for new o~~upied dwelling ~// g as affordable housing; ' ("''"\ "'"'"' ,/ and '\~.ii>, //""',, .,,,~~,~-,,, ,~·~ \ _.·' . ' J/'''J' WHEREAS, OWNER has applied for· ~i·fiip;ct 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 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 - ll.H 7.H OR: 2457 PG: 2781 WHEREAS. the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-.lt't at its regular meeting of ¥ ( . 1998; 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 Unit11 ) and site plan is attached hereto wi Exhibit "A" and incorporated by reference herel·n . "·····················"··· • . /··{:• (' .. " .r········.·· ~,,./"',, ' ., !~~ ,~/ t) t )'':""'·~"'""' 3. TERM. OWNER agrees tJi; .. ·/ /:~~rring··oat~~~1it;~ain as affordable housing in accordance wilh lhe standards f•tc~~~~ toi\l~\act Fee Ordinance for a period of fifteen (IS) years comjne!f~!!i-.fT,p .:· i • i o~1occupancy is issued for l j .l'~' l"~'\~ ,l/ \ \ the Dwelling Unit. I I( 1 1 ( l l t l t ~ l ' 1.-1, l 4. REPRESENT A TIOrij~d~N \ ¥'\:1\ \ \ \. ,, \ following: VI,,;,.\ \ ¥'1''~'. ~\, a. The Dwelling '· with a very low income as Fee Ordinance and his/her monthly payments to purchase the 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 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 (IS) years from the date the certificate of occupancy is issued for the Dwelling Unit; and - 2 - OR: 2457 PG: 2782 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 impact fee waiver qualification criteria detailed in the Impact Ft.-e 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 REQU~!3-E~.~~!~~·!;!~?l~ ~tl~~g Unit must be utilized for affordable housing for a fifteen (~·''~;'./ ~p;rlod after th;;: e~Jlie\ertificate of occupancy is issued; and if the Dwelling Uni~1 ce~s')Ie::~~e~uttl~«l!qr·,~hat p o~ during such period, the impact fees shall be immediatelf re~· . ~~~··~ . \ \ \ 1· !1 t f ; i i l 7. LIEN. The wattct~_,)~ ;\i o+;J!1f Dwelling Unil on lhe effective date of this Agreen\~i\ which lien may /upon in the event of \ \ ,, \ \ "'""4,J \_ f 1 non-compliance with the requirem~~~Qhis Agreement. //" .. · ./ 8. RELEASE OF LIE~~(~~~\J~:•:~~rX;~~~;letion of the Agreement "·· J·i f. .• ( ''"'·'···· .•• / """·~,""' ,ii_ Jt.0'' \)'.\,,_,, ¥-~ .' ,,_,,,,_,,,,ft requirements and fifteen (15) years after the aalC"of·tssuailce of the certificate of occupancy, or upon payment of the waived 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. ln 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. - 3 - • OR: 2457 PG: 2783 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 (I) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a .. ~.~riTI~~. ·· 5)·~.ays after notice of the violation. 12. REMEDIES. Shouldl,t·· .~ER.oTtne .. '<:·~fail to comply with the said qualification criteria for fifteen ( f '1~~=~~ati.:;;~'.~uld OWNER violate any provisions of this Agreement, t~e i'1ea~tJee.. · . in \full by OWNER within l l l''~· ~,\ ~ ,lf~ ' thirty (30) days of said non-c~m 1 e. 1 ( 0. 1 Ell ~ in!pact fees waived shall \ r~1 \1 \_l ell z ~""'Wi I constitute a lien on the Dwellin~\ · ,1 comm'enc1ng on ., e ~ 1v~.~t1t of this Agreement and \ ;:'\:1\' \\ 'is~/~~' J ) ) / continuing for fifteen ( 15) years ~,the date of issuance,.ll:'th · . ~ate of occupancy or until '<f$i''4. "'\,\. (' { . I ,/ '{ '· \,,// repaid. Such lien shall be superior· ' '3.l)lount to the#jn'f i"lfi the Dwelling Unit of any ~_,,, ' ,. ""Ji"'\• :~~~~."'""'=""'~'"'""'~'.'"-~:o"°''"' /'''"''-"!(\ \ ,Y/p/" owner, lessee, tenant, mortgagee, or othe;·~:Ji1t~~~~(!\Jb~=lt~~, for County taxes and shall be on parity with the lien 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. - 4 - OR: 2457 PG: 2784 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. PATED: 1"4-4r ·ATTEST: . (DWIGHT E .. RROCK. Clerk STATE OF Florida ) COUNTY OF comer ) OWNERS: HABIT AT FOR HUMANITY OF COLLIER COUNTY, INC. The foregoing instrument was acknowledged before me this ~ Y-day of II L., §. , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known tome. Name of Acknowledger Typed, Pri - 5 - OR: 2457 PG: 2785 EXHIBIT "A" LEGAL DESCRIPTION -BULLARD SUBDIVISION - 6 - EXHIBIT "A" . ' i ~ 1· . BULLARD SUBDIVISION I • 1-----.!~!--~..._ ___ ~.:.---1 I ------i ) ' ~ ... t1 .. I I ~:~ "' . i ··~ "' r. 0 ~ ..... "' :ID "' I a ~ 3_ "' ~ ';;; a £ e (NOT PART or 1111S PLAT) NOT PLATTED ADDRESS RANGE: 4269 ll05 i! ' C(U[ T[RY l'RoP( ATY 0 R. ll{lOK 180. Pl'GC 77l 4325 Little League Court 1181 Little League Road Page 7 ~ . "· //. .r .~ \)· 1101/111 --.. ·-.... I --'(i(~ IAiiii $ oo-;r-~ i: ----------- ----1" ,. ,. ,. g .. ~ ... ...,,. ~ ~ r-..> ~ CIC> °' --.. . . Itta: CUU TO TD 10UD DmOnlCI HI fLOOI m nu 2367385 OR: 2457 PG: 2787 UC Ill UCOUD ii tM ORICIU ucous of COLUll coam' IL COPlll lt/13/tl at 11:3311 DIIGIT I. llOCI, CLIU AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver oflmpact Fees entered into this/J'ctay of_ 4-T-1998, 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." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreatio~.!L· ,,~~ifl~·~=~~."~ee Ordinance; Collier County ,/,/'°"'' ~~~:~"-''""""'""'"~""'==='~"""''"""'"'""'··,,_~"'~"' .,zl \,l" ,~~'~ .. Ordinance No. 91-71, as amend~/(;>/ lier County ~~f~ Medical Services System Impact Fee Ordinance; Collier f oufY]Ji'~~-e.2~-22~~um\nded, the Collier County l l w\ . ~,r~"'"· \ \ \ Road Impact Fee Ordinance; 8'd <:;9lliF~:tf9u?ff~t · \33,\as amended, the Collier I• 11 J \if , l , i 1 l , 1 r r ' ~ ~ i ~ i 1 County Educational Facilities ~~ · ~,!911~ ' lgr ·;,:,, CCj at 1e1~"' rJtay be further amended l ', ',,,' c:,.."'"""""'"'"" t:,w~\'"'"'-=11 ;' f""'-; 1 from time to time hereinafter '~'Oj~~tively referred to \'!! "lm~act/m/Ordinance", provide for \ \ ,• \ ' 1 \ ' I waivers of impact fees for new o' ~cupied dwelling tt:, / 'Ing as affordable housing; ,~ ("''"\ \'"' ,,,_,o'''/'~ ('%,'' d ,,,,i l'> ,,,, ,,,•" \'\ ' . 811 ~.,,, .,e "' "fl·"·~~,,~·~·"'·"'=""'~·"'""'"''""-~'°""''"''" .... ,,"!(\ : , ,""·"',,,.," "''~ I "' l ,,,,, ,,. ,,.) \ . '""«>""'"" '%·~,,~'""·~ .i ("·'' \ ;'%· :::·:<ft~·f'~ WHEREAS, OWNER has applied fora''waiver'Ofimpact 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 waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of pa}ment 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 - 33.08 7.00 OR: 2457 PG: 2788 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-..!"'/ Z at its regular meeting of __,Aye.-U.J,c / / _, 1998; 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") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. · · ·~·· · ·· / ·~····· ·~~2~) (/~~~:~., 3. TERM. OWNER agrees !~~( ·;elling Urii"t~~·~vrFtl1ain as affordable housing in acc:'rdance with the sla!ldards f ~~~~~ to'ii\,~act Fee Ordinance for a penod of fifteen (15) years corqmeqt. }ll. :::~\JP~·~:.~ · tt ot\ occupancy is issued for t if ~l l \ \ 1l 1 • • 1· Ji · t f \ ; t ~ the Dwelling Umt. \ ,-\ 11 \ \ } } I t 1 .! \0 \_s ,,,,i' J , 4. REPRESENT A TION$~0 WARR.AN ~(~esents and warrants the \ ¥#\,;\ \ ,. 10.\%~) / following: \ . ~' /' , ··~/ \\ '· / '·'i a. The Dwelling ~l~,~allJ>e sold to ~ltp~~o·(d with a very low income as .,,,,.," "')'"<· Jr ~~'~·"'""'=""'~'"'""'''"""-~'°" /'''"'' "!(\ } :"""""' "''" I I· < r: ,r \ ... · ':'/ defined in the appelt~?J~. .,.::impact Fee Ordinance and his/her monthly payments to purchase the 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 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 - 2 - OR: 2457 PG: 2789 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 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact foe 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 REQUI~iMrfiJl~·(!i'~~~~ling Unit must be utilized for affordable housing for a fifteen ( 1 ~,):~~».:~~~·· aft~;·th~~~~:M certificate of occupancy is // ""-··:,/··· "';:;'-" \ issued~ and if the Dwelling Uni}lce~si1~::~~e~utilize1Lf~hthat p\rpo~ during such period, the l l w"J\ ~,r~'·~"',, \ \ \ impact fees shall be immediatelt req~itt ·~ ·1 \ ' If J ' l l \ 7. LIEN. The wa\~~\\~~~~~~,' 1 Ii oh!~t Dwelling Unit on the effective date of this Agreen\i~t~ which lien "'''//upon in the event of non-compliance with the require~ ·(this Agreement. (S]/ 8. RELEASE OF LIE~~?e~~~ .. s.misfaet~:f{ .. O:~letion of the Agreement "··, ·.' 1 .. J i.·.· .. ••. •.·• ti '" \ .. · ·;~/ '"''"' ,:{ ; f~" ~ & ·~"'" ~"Th" ~,f' requirements and fifteen (15) years after the·cntte::&f~5suance of the certificate of occupancy, or upon payment of the waived 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 tees 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. - 3 - OR: 2457 PG: 2790 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 comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for ~ .. Perl"~~ltl@~jJ~~."~ays after notice of the violation. 12. REMEDIES. Should:ii(e)~~iR~·f.~h;)~h~{ail to comply with the said // \_)//.. ~· . \ qualification criteria for fifteen<}'~) ~~~!I!~·rrotic.e.QL~,\o~ation~ sf\>uld OWNER violate any I f W"J\ ""'~'·~,.,, \ \ \ provisions of this Agreement, •he i 1 c;~ ~v·. · ' ·4 in \full by OWNER within t ii l \ 1 \ \ thirty (30) days of said non-+pl~~~~~J ~'· ~~ s ~at t~bF~L~pact fees waived shall l ', ''~ \ """''"'-'"''"''' c:,.. £:,w~t"'''""'=-)i y' f"l;,. ,,.,1t l constitute a lien on the DwellinJf)(Nt commencing on i effef=ti~~":'.51/e of this Agreement and \ \'G"-P-'!"°\ \ l /l .t'"~~ / continuing for fifteen ( 15) years ~~tl\~.date of issuance 1e;,ee9,iJicate of occupancy or until repaid. Such lien shall be superior\J~'iar~Y!!.UQ . .th~~,·"' > f/in the Dwelling Unit of any "··" ·.' '··' r.·.· .. ·•. •.·•. . ' ,. " \ . /'' '"''"' ,:{ ; f~" ~ & ·~"'" ~"Th" ~,f' owner, lessee, tenant, mortgagee, or other persoiHi~G~·:the.lien for County taxes and shall be on parity with the lien 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. - 4 - OR: 2457 PG: 2791 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Assistant County Attorney STATE OF Florida ) COUNTY OF Collier ) OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. The foregoing instrument was acknowledged before me this .::i</ day of_ 4' •. , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known tome . ....... ' ,..,··· [NeTARIAL SEAL] Si •" ·"::.~ . ..'\ JOANNE DALBEY 'I.~ tint MY COMNl1SIOIU CC ,.IJ : I ~ .: .. • l.l ~., ,.,,, l!XJ'IUS:.,..... 1-HIOTA&Y l'la~Sonioa.t C• . _ _J~;;;;;;,;-..;.;;;.;;;;;;--.-...--.~~ ...... Name of Acknowledger Typed, Printed or Stamped · '. jdtpqtclbullard/agreemeot - 5 - OR: 2457 PG: 2792 EXHIBIT "A" LEGAL DESCRIPTION -BULLARD SUBDIVISION - 6 - EXHIBIT "A" BULLARD SUBDIVISION I 1-----~~!--~.,._---~----, I ti ~ ,.. ! ~ '. ! 1 !i ~ I i : 0 • "' r. I I I 0 .., ~ "'!. -u; Ji ,., ~ "' I Cl .s 3. ,. ~ 'f;; ~ "' i .e (NOT PART OF THIS PLAT) MOT PLATTa> ADDRESS RANGE: 4269 1105 ~ •• " CE~t[T(RY l"ft()P[l!TV CA. DOOi< 180. P-"G{ 77J 4325 Little League Court 1181 Little League Road Page 7 .... -? -;;; J "" . '!P //(\._ '()· tl0.1111' 11 ·r:•YOO" w J ' --. ··-... '4~.GO " ,. ,. .. ~ .. ,...., ~ U'I __, .,, C> ,...., -.JI "° (.A.> ,. ,. ,. 2367386 OR: 2457 PG: 2794 UC RI htl: CWl TO m IOW IITllOff ICJ 4ft fl.001 UCOIDD 1• tH OffIClll UCOUI of COUill conn' fLcon11 09/ll/tt at 10:1311 DIICIT I. llOCI, Cl.Ill mnu AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT f'EES This Agreement for the Waiver of Impact Fees entered into this L.Jaay of ~. 1998, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humamty of Collier County, Inc., hereinafter referred to as "OWNER." W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreation~J .. J;:~~~~{~s·(~ijlf~~,~~e Ordinance; Collier County Ordinance No. 91-71, as amended.~/~~~~1f(~;·c~~~cy<~~~: .. ·~~ Medical Services System Impact Fee Ordinance; Collier y6unj ~-~~f2,':.\.:.,,~ded, the Collier County Road Impact Fee Ordinance; an~ C i · • ·· \~3. \s amended, the Collier I \ I County Educational Facilities ~Y.51 e~. m~y be further amended 1 t\ J I rw;wq J from time to time hereinafter ~U~tively referred to a§l Imp.ct v~·prdinance", provide for \\\.·\\ ,' J //0.\%"0.ll waivers of impact fees for new o~,~~cupied dwelling · l t\l~"i~ihg as affordable housing; ' ("''"\ "'"'" ' '~>/ 8Jld '"~.it,"'-., '""-,,,,J·'"'' /"'' ~,,~~~ t<i'?~~::="~~;'""":,:'~~::;~'~ :"···'''.' ',,/',/' '"· .~ .1 f, l . \ ''''"" .. /' WHEREAS, OWNER has applied for·irw&\l'er~:&Ftmpact 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 waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shalt 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 -). - ll.00 l.lt OR: 2457 PG: 2795 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-ffJ at its regular meeting of.,.~ L,, . I . 1998; 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") and site plan is attached hereto as Exhibit "A" and incorporated by reference herel·n . ·•·····················• . . ... .c"·:;~l (". # \::··>, 3. TERM. OWNER agrees tfla,:~~~fiing.:U~~~~~~ain as affordable housing in ./ ( ~<./ '";t" '\ accordance with the standards s( fo~:~~~\ to lh\~~~t Fee Ordinance for a period of fifteen ( 15) years comm 1 / e~J. .. 1 ,.~~:'.~~ 1 • \ ot\occupancy is issued for 1 If ] f ~ \ '\ q } 1 the Dwelling Unit. I II l l l I l " L-, \ I I 1 1 \ J \l ,,,,i' ;;;;::_~ f 4. REPRESENT A TIOJ\W$··:~ NTIE \ ¥'\:1\ \ \ \. ,, \ following: V/..i,,.'\ .. / \ yi*'t''"''· '\\. i ,I I ,! ' "*···· i a. The Dwelling ~~~~IL~ sold t~.~J~cj~~~p(d with a very low income as ' ''" Ji""I· '' '.: :~·"'""'=""'~""""'~'.'" ' i''''' \ } // defined in the ap;~n~,U~i~~~Jh~~:iftii;;ct Fee Ordinance and his/her monthly payments to purchase the 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 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 - 2 - OR: 2457 PG: 2796 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 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 REQUIR,,~M ,~,,~~····:~~~w~lling Unit must be utilized for "'°/" o<""J ~:=~""~"_,,~"'""'"~""'~'~"~'"'"'':::~ .. ,.,_~:<,z/ ·s '"'·,~ ••• affordable housing for a fifteen ( 15¥ . ·f)eriod after the· I~~ certificate of occupancy is issued; and if the Dwelling 1Jniy<.~JP~~1tha~~\ during such period, the l l w"J\ ~,r~"'",. \ \ \ impact fees shall be immediate}~ rep'li~1h~·~tJ . · \ \ r xi ,t \~l T"'\'.\ ~ \ 1 I II J Jf ' l ' i l \ 7. LIEN. The wat~\~~~:;b~~'~l~~t:t .. ~~~ li oh!~f Dwelling Unit on the effective date of this Agreen\i~~\ which lien may \i~ ct<foaf /upon in the event of \ \~~o \ ll(~~~':l non-compliance with the requirem'ef\~{,fthis Agreement. /<A~·?· \ "{ '" # ,.,,.· f' 8. RELEASE OF LIE~~?e,;> ,.s.~Jiifae~:/ ,. fii~letion of the Agreement "·"· F r ' .. ::/ requirements and fifteen (15) years after the ~:a.f:4.ssu ce of the certificate of occupancy, or upon payment of the waived 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 Section 8 are satisfied. - 3 - OR: 2457 PG: 2797 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) day.:i after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a perj.od:;e~ntl~~ 15) days after notice of the violation. /J •• ~ lt~ 1, c ( ""·"', 12. REMEDIES. Shoul~l:!!\?~~ER.oftne .,,~[ail to comply with the said qualification criteria for fifteen ( '.J'5' d?\~~~~atio'ri~ ~uld OWNER violate any provisions of this Agreement, t~e iifil! w" shalh be pai~ in \full by OWNER within l l.l'~·~ \ \ thirty (30) days of said non-c,mp · ,, h~ ioipact fees waived shall \~1 \~ ~ z~Wi~I constitute a lien on the Dwellin~\~ , t comm~ncmg on .. etf~ ~ ~t~ of this Agreement and \ ¥""\'"\ \ W.(/l ; ) ~'\ l \ \ "··. \ . '?:!~'' j l !0.\%"0.,J i continuing for fifteen ( 15) years fr~t!ll~ date of issuance''7 .. l!:l~~,.91~~tate of occupancy or until repaid. Such lien shall be superior ~)Jia'rall!~nt to !h~#~t~1~~~::{~ the Dwelling Unit of any '<:,~_ /'"'"' J ;~:;=,,~:"''"~'""'~ /''''':.' '.·:.~«>// owner, lessee, tenant, mortgagee, or other pefsbb~:~~~ 'en for County taxes and shall be on parity with the lien 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. - 4 - .. ·· OR: 2457 PG: 2798 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. DATED: ;?/~/ ATTEST: ~WIGHT E. BROCK. Clerk STATE OF Florida ) COUNTY OF Collier ) OWNERS: HABIT AT FOR HUMANITY OF COLLIER COUNTY, INC. e(~~~--~ ---------- . Charles C. Smith, BOARD OF COUNTY COMMISSIONERS COUNTY, FLORIDA The foregoing instrument was acknowledged before me this c!.).t/ day of ""2-•::1 4 . , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known tome. [NOT ARIAL SEAL] ... ..... ·· JOANNE DALBEY i.n· c:oMMISSIOH •cc 731612 EXPl&l!S: 05lllllJll02 ...,,_. Co ~ --..; _ .•. Jdlgm/~agreement of ...... . ~ ... , ... - 5 - OR: 2457 PG: 2799 EXHIBIT"A" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 28, BULLARD SUBDIVISION, ~~~~~2!~:~:ElLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27 EJ'3S-76 AND~7~,~,~]'"E PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. '"::t" '\\ \\ - 6 - \ \ \ \ :: < : z 0 ..... Cf) ..... > ..... Q i:Q :;, ell .... Q QI: < ~ ~ ~ ,--h&• --~~~"JI'C'~~~~!ii I I I ·I -· I I ~' i! I •• l\ •• I \ 5 ... I!-! 2l' ~.,.. ROA!> (SR S ··850) &O' R/W (E XIS 'llfjC) ·.• --------------- *** OR: 2457 PG: 2800 *** I I /$/ ... ~ -0 :I ~ 0 0 u Qi::; Qj Ci ::> :: QQ ;l; "" :":) Qj Ci ...J ...J CJ Ci .-I ,...., ...... ... ... ..... ..... ...J ...J I... . 2367387 OR: 2457 PG: 2801 lttl: CLIU TO m IOW UCOIDID ii Ue OHICIU. UCOUI of CO~J.111 conn I PL IITllOllICI 4TI fLOOl 09/83/tl at lt:!lAl DIIGIT I. llOCI, Cl.Ill moo mm AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES COPllS This Agreement for the Waiver of Impact Fees entered into this /';day oL)'jit 1998, 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." W I TN E S S ETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreati~~:~~Qiii~ri:.~ Ordinance; Collier County Ordinance No. 91-71. as amende~}/re.t;~<llher County Em ~ncy\Med1cal Services System Impact Fee Ordinance; Collier qoun,ty Qr{lllian&e~D.~.2i~22. as · me~ded, the Collier County ,/ / Z--&''""~'''"'w\ . ~,['~"'"1· ·v \ \ \ Road Impact Fee Ordinance; ant C?)li ··~pt"mf~:e\d·i . · ~3, f amended, the Collier County Educational Facilities ~·~ 11 ~!~~.'~pi ·~h~!Jl~Y be further amended \ -~~'~"':~. \ ~-'""W"''""' c~"''" "' l ;~~'"' / from time to time hereinafter c\JlW\tively referred to ct f.~prdinance", provide for \\",\\ /{/~~"""'/ waivers of impact fees for new o~~~upied dwelling u ~~(~g as affordable housing; ,~ ("''"\ "'"'"' / d ~J~· an ·,, .e · .,.,·-··········~·············-·· ,. '·· r· .. ,,. \ , ,. "··, · .. , I ~ \ .""· :::> WHEREAS, OWNER has applied for a Waiveroflmpact 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 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 - ll.H 7.to OR: 2457 PG: 2802 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-.Jtf at its regular meeting of-:.--¥~/I .• 1998; 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") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. ,.-······~··~·~.. ·~\.~~~'· 3. TERM. OWNER agrec~1t / Dwelling Unit s .· ~~~n as affordable housing in accordance with the standards ~F{ r~,r(W)l~::l~e··append.i~~\ to th\lm~ct Fee Ordinance for a I r "J1 ""'~'"'"', f \ \ period of fifteen ( 15) years co~er{c;j t·:hle;:,p · \! of1occupancy is issued for ' ti' 1/9"\ \ 11 ' t II ~ ' ' t ~ the Dwelling Unit. \ 11 l l I t } i 4. REPRESENTATIO~~~~D WARRANTIES\~Wtrni·f resents and warrants the \ \ '" \ "''~"'"':"*' )w!f."" J \ "'"'"4,J ~\_ P'i£ ,,_~ i following: \\{"'0{:.\, v · . , 1 ~ ' \,.// The Dwelling bJt~'e~)):l·~b.e .. ~QldJo·a::n ~6f~ with a very low income as a. ,,, '.' f •. l f''. .'" ti''" ·' .· . / ~-,,,,"' -~ ; t~" ,, ' ' & ·~"". ~"Th"' ~,f'~ defined in the appenattes::,"t0:~,tti:e'·fmpact Fee Ordinance and his/her monthly payments to purchase the 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 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 - 2 -· OR: 2457 PG: 2803 e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUI~~j~~=::~:~,, '\~~;:~g Unit must be utilized for affordable housing for a fifteen (15)<' /:period after the ~ti'$~ certificate of occupancy is ,/ \~),/''' ~,,-" \ issued; and if the Dwelling Uni~/te~/s1;~::~e"1t\tli~~,Q~[~f,,,~hat p~~ during SUl'h period, the l l _, w"J\ ""'~'"'"', t \ \ impact fees shall be immediately' rep1~ e,,,,Q©:QN;~ \ i f Ii i" ff'\ '\ B t f 1 l J ' \ ~ 7. LIEN. The wai~ed 1(m, 11 ~ haJli \ I\' ,,,,,.1,~; 11 / i:;l effective date of this Agreen\~t\~lli~h lien ~ay 1 in the event of non-compliance with the requirem~ ~(~is Agreement. 1 .. "',// 8. RELEASE OF LIE~t)i':\J~-, satisfl!ctorf::\;~m'pletion of the Agreement '~ /'"·Jr .. : '""'""'=""'~""""'~'.'" ,~·, l''' ' \&,/\ "'""/' '",,,• I' I ,~, ( \ ,~,.'"' .. // requirements and fifteen (15) years after the'd~fi:ssuaitce of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary docun1entation evidencing the tennination 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 Section 8 are satisfied. - 3 - OR: 2457 PG: 2804 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fitleen ( 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 (l) where OWNER fails to comply 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 said non-compiiance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a perj!lde{:ft:fteen . .(J 5) days after notice of the violation . •• /· < ·p !i( ( ".(\ ·~ >·"· 12. REMEDIES. Should/ // \ f!Kor:th:~ft\p~~Jail to comply with the said / ~. ' ~ f . quali.ffoation criteria for fifteen ( f "!"~.!l~~::~ati~ \\uld OWNER violate. any prov1s1ons of this Agreement, t~e •¥tpact fee · ·· d shal b~,P~~~ m\full by OWNER w1thm thirty (30) days of said non-cimp~·· ~{~\ i~pact fees waived shall '1 ' l\ \i ~ i y l f~< l £ ]~w:,wq! constitute a lien on the Dwellin~ ..• 1 i • etfitlfvq d@tF of this Agreement and \ \ tt,-i' } l 1'""''· :/ \ ~/~j J l k.\%w,) l continuing for fifteen ( 15) years • , e date of issuance·::;~tthF )~a;!,!tj.Cate of occupancy or until \ ' ",, \.,,~./· \,,) / repaid. Such lien shall be superior'a{~<!)~~~unt to t~.~#j~(· .J"fo the Dwelling Unit of any ' ''" Ji""I· '' '.: :~·"''"'="'==""""'''"""-' /'''''' \ ·"'" owner, lessee, tenant, mortgagee, or othe;·P~,J.~~O:ep\)ba::t.i6n for County taxes and shall be on ~'""'""~·-,~='"'='~'" parity with the lien 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. - 4 - • -I ,. OR: 2457 PG: 2805 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. ,.... __ ., OWNERS: DATED: ?MP ATIEST.: BOARD OF COUNTY COMMISSIONERS COUNTY, FLORIDA DWIGHT .E. BROCK, Clerk eidi F. Ashton Assistant County Attorney ST A TE OF Florida rm) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this .,,1 v· day of aw. . ' 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. e is personally known tome. ~~ ~ ~-e..,4~,/ ~~re of Person Taking Ackn~ edgment Name of Acknowledger Typed, Printedfio...,roiiiiiSliiiiitam.._ _______ ...._. .J.''111.. .-Jtlll~ JOANNE DALBEY ~-.~ MYOOMMIUION•<XTJN12 ....,. ff,,..,, l!XIUIS:-.iz C'o - 5 - EXHIBIT "A" LEGAL DESCRIPTION -BULLARD SUBDIVISION LOT 29, BULLARD SUBDIVISION, RECORDED IN PLAT BOOK 27 COLLIER COUNTY, - 6 - OR: 2457 PG: 2806 ·1 : ~ : ~ D. J i § 1: t .. • I ~ t; l ... ll: t i "' ~ a ii •• I I I ... 1i I ':l i- ~ I :::i _J I -·--1- 1 I I I I I I I I I I \ I I \ I I I ' \ i L uu.r! ' ... --.;...=== - -__ • __ _._ __________ ~ _ _;,,r_y I L_ ROAD (SR S·-850) 80° R/W (E XIS TIHC) ... ------------------------- *** OR: 2457 PG: 2807 *** ;.J loo "O ::l ~ 0 0 u ::.: r-.. Q.I <:I ::l ::l C2l QI) ;c 00 co ~ al Q.I <:I 0.. ~~ Q.I Q.I .-4 .-4 ;.J ..i ;.J ;.J ............ ~...:I "' ..... N 0) M -.q .... 0--ll'l '° 0 N .... .q .... htl: CWI TO TU BOW 1m10rr1a u1 rL001 UT TUI 2367388 OR: 2457 PG: 2808 UCOIDID in the orncw. 11cous of cou111 CORTt, n 09/0l/91 It ll:llJll DIIGIT I. llOCI, C"ll AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES uc rtl COPUS This Agreement for the Waiver oflmpact Fees entered into thisL_S"~ay of¥ 1998, 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., hereinatler refelTed to as "OWNER." W I T N E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreation,1 .. /F~~}Jii~(5~~P~'·~ee Ordinance; Collier County Ordinance No. 91-71, as amend~,{;~flf~;{:o;;;;;;-~~ Medical Services System Impact Fee Ordinance; Collier 1¢ou?(Y')~~J!lanceJ'.!lu..~%2\22, ~m~ded, the Collier County / / w\ ,.,~,r~'·~"',. \ \ \ Road Impact Fee Ordinance; atjd CP,JI' ~µ.···~qr : . ·\33, '15 amended, the Collier : Ii t ' i \ ~ ' ; t ~ ~ i, 1 j County Educational Facilities ~y.At; ijm,~ct • td.... ce h'¥~J?ay be further amended \ \ 'J' \ '~~~:,,,,"J.' \l C~~"=,;~';£ l ;~~ '"'' I from time to time hereinafter ~ti~tively referred to ~:,"lm~ct/~'.~/brdinance", provide for \\\ .#\ \ .' / .•''L / 'G"'/'"'-¥} \_ i I ( "; F waivers of impact fees for new o~t,t·~~upied dwelling n't:,:9~,~ytng as affordable housing; and "~:::'tc:'::;~·>-·······~ ....... -···~~::~·:1\) •• ,../ '" I f. l 1• ,.'!! \ · ..... / ~-%,~,:~'""-~ ,i \ ;"'%,' :::':<ft~,f'~f' WHEREAS, OWNER has applied for a··waiver·ofimpact 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 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 - ll.00 7.00 OR: 2457 PG: 2809 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-~O at its regular meeting of~ / / • 1998; 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 arc 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 is attached hereto as Exhibit "A" and incorporated by reference herein. ~ , " "~"" " ,, 3. TERM. OWNER agrees ~~-lin~~t"ain as affordable housing in ::r:: (7:) :::t~~~:~~~~ :~~\ac~:.:an::::7~:~0 :0: l ll'~·~ \ \ the Dwelling Unit. ! II l I \\ , 4. REPRESENT ATIO~~~~' ~ rtP}esents and warrants the following: \'°"' 1 } 5;J \ ' a. The Dwelling~ aJI be sold to aJ16;" J>fd with a very low income as ~.,,, "'"Ji""I· ~~,,~,~."''"'="-='"'""'"''""-~'°""''"' /'''"'' "!(\ < '/,;>''''" defined in the ap)ei{d{~~ t6: ~~::tnfp~ct Fee Ordinance and his/her ~'""'""~·-,~='"'='~'" monthly payments to purchase the 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 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 - 2 - OR: 2457 PG: 2810 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 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 REQUI~;,~~~1~~~~t)/;0~~l:ng Unit must be utilized for affordable housing for a fifteen ( 15, / enoa after'thi~ ~}l\e certificate of occupancy is issued; and if the Dwelling Uni;'• I )~~i!!'.~~h~~';,\ during such period, lhe impact fees shall be immediatelr re~~id to th "" TY. \ \ \ t il } 7. LIEN. The wai~ed I'm ork th~ Dwelling Unit on the \ f~\ ~ J I , , } '"'"' ' effective date of this AgreeriJ~~ w ~ich 1en may 1 in the event of \ .#'\ \ non-compliance with the require '~ 1 \'Qf this Agreement. 1 l \,"' //l)/ ""{ ,· ~\ .·"'# ,'"' ~iw"''/ 8. RELEASE OF LIE'N()i~~~-satisf~~JS>~::'f~µ{pletion of the Agreement ' ''" Ji""I· '' '.: :~·"'""'=""'~""""'~'.'" ' i''''' \ } // requirements and fifteen (15) years after"tlit::dii{~t~!!~~e:;~f the certificate of occupancy, or upon payment of the waived 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 Section 8 are satisfied. - 3 - OR: 2457 PG: 2811 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 comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for ~ .. ~~ri~ff{~)l~~L~ays after notice of the violation. 12. REMEDIES. Should/t~)\">,~Eif.oTifie·i>i:Qp~fail to comply with the said qualification criteria for fifteen ( f 41~~~~".~~ati~';;~ ~uld OWNER violate any provisions of this Agreement, t~e i~ll .~"' :iffv~.li · . in \full by OWNER within f t';t t ""'~ '''<"'\\"''Th\ r~\ \ 1 t il ~l \\~~''!~ 1 '. thirty (30) days of said non-c~mp" (o E~I af h~ )~pact fees waived shall \ (~) \~l ,,,#l C'J ':~"R I /:'""~ J constitute a lien on the Dwellin~tUt\it commencing on~.'(~ effef iv~ $it~ of this Agreement and \ \~;;\\\ ~\ ' J ll . ·I continuing for fifteen ( 15) years ff\~~R,~,~ate of issuance · ~~/~./l fate of occupancy or until repaid. Such lien shall be superior ibt~,~Qµnt to tbe..1fit~~··'in the Dwelling Unit of any ' "'-Ji""I· '' '.: :~·"'""'=""'~""""'~'.'" ' i''' ' \ } /' owner, lessee, tenant, mortgagee, or othe;'J;e1s~Jii:.~U~~::ii~~/for County taxes and shall be on parity with the lien 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. - 4 - OR: 2457 PG: 2812 IN WITNESS WHEREOF, the pw1ies have executed this Agreement for Waiver of Impact Fees on the date and year first above written. . . -DATED: -~;ff ; ;. ATIEST: : DWIGHT E. BROCK. Clerk Att~~t' · s· lO Chairun·s signature onlJ. Approved as to form and legal sufficiency Assistant County Attorney ST ATE OF Florida ) COUNTY OF Collier ) OWNERS: HABIT AT FOR HUMANITY OF COLLIER COUNTY, INC . BOARD OF COUNTY COMMISSIONERS .•.... GOLLJER COUNTY, FLORIDA The foregoing instrument was acknowledged before me this ~-day of tl/4' 4 . , 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known tome. Name of Acknowledger Typed, Printed or Stamped ~~ .......... --------... #~ JOANNE DALBEY ~·.I MY~•tt7JllU ...... I\..... EXftUS:~ - 5 - Co .. OR: 2457 PG: 2813 EXHIBIT .. A" LEGAL DESCRIPTION -BULLARD SUBDIVISION WT 30, BULLARD SUBDIVISION,.1\(~LAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 27,/'(t~+!\GES 76 AND 77~'~trnE PUBLIC RECORDS OF COLLIER COUNTY, FLORID~/1 ,/ \ \\ j \ \ ! \ I - 6 - EXHIBIT "A" . , I BULLARD SUBDIVISION !-----~~!--~ ... ~---~~---, ; I tr (NOT PART OF nus PUT) ~ t: ... -? ~c:=:=::::::=:::::::::-----7-' _) I ··•· NOT PUTTED ' i I • t ~:I I ..; ~ I i --~ .. "' l• 0 ... l:; "! 'iii Ji '11 ') Ill I i ~ "' ~ ~ ... ll ! ADDRESS RANGE: CE UC 1£ RY "'<)P( R TY GR. 000t< llO. PAG( 773 4269 -4325 Little League Court 1105 1181 Little League Road Page 7 ".i ·~ /~(\.. ~· __ ocr ---···--~ . ,,. .. .. .. ~ ~ ... c..n ~ ~ ~ CD ..-... .. .. .. . -· 11t1: 2367389 OR: 2457 PG: 2815 cuu to m IOlU uco111t 11 tke on1cw. ucous of couna coum, tL IITllOffICI tTI fJ.001 Ot/Ol/tl at ll:ll!I DIIGll'T I. llOCI, ct.Ill m nu uc n1 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEESCOPllS This Agreement for the Waiver of Impact Fees entered into this l'ctay of..¥-1998, 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." W I TN E S S E T H: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreationa~/-F ,.,-~·-·:fptpit~l,_Fee Ordinance; Collier County ,//"' ",,,,.,~"'""''"~""'~-='~'"'~"""::::' (_/ l\ :i~'''"' Ordinance No. 91-71, as amended~/ · 1er County -~~~ Medical Services System Impact Fee Ordinance; Collier f •J"Y~':"'-~'!o...~2i2;~~~ded, the Collier County Road Impact Fee Ordinance; ai(d C1~l . . ~\ \ 3.3,\as amended, the Collier County Educational Facilities f µ~ '~ ~ hh~"'~ay be further amended from time to time hereinafter \~\~tively referred to il~/'Im~act/k§'~1brdinance", provide for waivers of impact fees for new o\ -~cupied dwelling · .. 44¥}<~g as affordable housing; "' /</,~, '"'~/"' and -,/;' <\ ', , ~-,, ' «"'"""# WHEREAS, OWNER has applied o ,,p~ct 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 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 - ll.IO 1.0I OR: 2457 PG: 2816 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 98-f;; / at its regular meeting of .,.1'µ /; , 1998; 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: I. RECITALS lNCORPORA TED. 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 is attached hereto as Exhibit "A" and incorporated by reference herein. 0 , • "~·" • ,, - 3. TERM. OWNER agrees ~~ . eirrOg~~~~ain as affordable housing in accordance with the standards f d~;~~\ to 'tJ\'.~t Fee Ordinance for a period of fifteen ( 15) years compienFi9 11}. i i fr ot\occupancy is issued for l l.l'~·~ lf \ \ the Dwelling Unit. I I( ( l 1 I~ \ I 1 \ J 4. REPRESENTATION~""" \ ¥'\:1\ \ • ~\*#\\ following: v1~.,.'\ . l / \ yi*'t''"''· '\\. i ,I I ,! ' "'*···· i a. The Dwelling ~,,~~It~ sold l<!.i~~~),,~(d with a very low income as ' ''" Ji""I· '' '.: :~·"'""'=""'~""""'~'.'" ' i''''' \ } // defined in the ap~en~~{~1~Jt~~:1rti~;ct Fee Ordinance and his/her monthly payments to purchase the 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 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 - 2 - OR: 2457 PG: 2817 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 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 REQUIREME?*T:,~···Jh~. Dwelling Unit must be utilized for .··"''.<\:: !il (;( affordable housing for a fifteen (1~)·\~:~~·an~r;:t .. ,, "~ certificate of occupancy is issued; and if the Dwelling Unif e / \!";.~~~-..!'~Iha~~~ during such period, the impact fees shall be immediately rephid to the"" TY. \ \ \ l l .l~.~~~ lf~-t %~?*\ \ 7. LIEN. The waived!(i ( fe h4l '·1 oh th~ Dwelling Unit on the 1-\ I I ,I,. I 1 \ J \l i rWi~ J effective date of this Agree~ 1 1ch o,s~· /upon in the event of \ ,,,#"1\\ ,; -~; l non-compliance with the require~~\of this Agreement. ./c):/ 8. RELEASE OF Lilik~ "'., n satisfac~·{fu'¢~~etion of the Agreement .. , ······~················· .. ···\ \ ·~·'""' requirements and fifteen (15) years afte;·tJte.. !~~[L~~~~;~f the certificate of occupancy. or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, hut 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 DweHing 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 :'!re satisfied. - 3 - OR: 2457 PG: 2818 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 Chainnan of the Board of County Commissioners 11. DEFAULT. OWNER shall be in default of this Agreement ( l) where OWNER fails to comply 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 said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for ~ .. e.eri~~~~fi~~· ··· ·~~).~ays atler notice of the violation. 12. REMEDIES. Shoul(,t~)\l~ER.~f.the 1 /\\1'i~}\ fail to comply with the said qualification criteria for fifteen <f> ~~~~atio~~uld OWNER violate any provisions of this Agreement, fhe ~ / ~· " ~:~i·~ · · : in yun by OWNER within I I 1 f i 1! I l \ thirty (30) days of said non-comdli l O~E.Rl q1 '·· t1*. inltpact fees waived shall \ r). , \\0~~~~p$,,,&/ C~~"=~~~ l ~~~ J constitute a lien on the DwellinfJ;J~it commencing on t~~ eff<fti~ · . 1 re of this Agreement and "' "\ \ J / ~%'%// continuing for fifteen ( 15) years }11,e date of issuance· · \~!J~ .. .e;~li!f&ate of occupancy or until ' '/ \...'I repaid. Such lien shall be superior ~~',p' 0.1.mt to J~: · ····tif~t:lfn the Dwelling Unit of any '" "''"'=''""'~'"'""'"'"'" i, .. , \ .,./' '',,, . r C\" .\,, . . owner, lessee, tenant, mortgagee, or other pe' b:.µt:ifte~ ien for County taxes and shall be on parity with the lien 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. - 4 - OR: 2457 PG: 2819 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of OWNERS: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. ) DATED: ~,f/ ATTEST: ' DWIGHT E, .B:flOCK, Clerk ~~·~Z'! .A~~s~o Cha1run's I 1tgniture on 11. · I Appnwed as to fonn and legal sufficiency Hculi F. Ashton Assistant County Attorney ST A TE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this -~ day of ,tk!P .. 1998, by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known tome. {~QT ARIAL SEAL] jd/81rif cJbullard/agreement '--"-zc..-,c~-" ~~-~ ~--Si of Person Talcing Ackno~gment - 5 - JOANNE DALBEY NY COMM'~ I CC 7'NU IXPllll!S' WJllt')lllZ 1._.J.NQTAAV fl& .._, ..... a ta OR: 2457 PG: 2820 EXHIBIT .. A .. LEGAL DESCRIPTION -BULLARD SUBDIVISION - 6 - BOOK THEREOF, AS PUBLIC RECORDS OF t ' t I I EXHIBIT "A" t. f. ' l i • ~ ... ~. BULLARD SUBDIVISION I 1-----~~!--!'4:.<F_---~----, I ---i ) l I t= ~ I i ... .. ~'.I 1:; ~ ... . ~ ·~ ;. "' .. u .., ~ ~ &ii Ji :Ill ~ ... t i ~ "' ~ -;;:; !!! Ill ~ .e (NOT PART or mis PLAT) MOT PLATTED ADDRESS RANGE: 4269 1105 t lt I ' I CCLI( TE"Y PltOP[ ATY 0 II. OQOI< 11!0, Pjl.C{ 77 J ~It; . '? ..... / ,(\._ '\)· HOOtf . ---. II "r;•)"QO• W ··~.00 j_ ______ .i._______ . v~ 21 (AST (8V·-IASIS) S OCl'•J"OJ•c --- ---- ---- -__,I =-~~ ="'""'~-'"' ,,-'"' 0*""' 4325 Little League Court 1181 Little League Road Page 7 _,c'// %r~I // M---~ ~ .... c..n ~ ~ ~ CD ~ ..-,,... .. -