Agenda 06/27/2017 Item #16D 806/27/2017
EXECUTIVE SUMMARY
Recommendation to approve a Release of Lien to combine release of 16 separate liens with one
developer for a combined amount of $62,872.32 for properties developed by Immokalee Habitat
for Humanity, Inc. that have remained affordable for the required 15-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 to be utilized for affordable
housing for a 15-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 15-year affordable housing obligation. As such, Release of Liens 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
Highlands Habitat, Lot 1 05/13/1996 2100/1849 05/13/1996 05/13/2011 $3,929.52
Highlands Habitat, Lot 3 05/13/1996 2100/1863 05/13/1996 05/13/2011 $3,929.52
Highlands Habitat, Lot 4 05/13/1996 2100/1870 05/13/1996 05/13/2011 $3,929.52
Highlands Habitat, Lot 5 05/13/1996 2100/1877 05/13/1996 05/13/2011 $3,929.52
Highlands Habitat, Lot 7 12/18/1996 2100/1891 12/18/1996 12/18/2011 $3,929.52
Highlands Habitat, Lot 9 02/28/1997 2100/1905 02/28/1997 02/28/2012 $3,929.52
Highlands Habitat, Lot 10 03/09/1997 2100/1912 03/09/1997 03/09/2012 $3,929.52
Highlands Habitat, Lot 11 04/29/1997 2100/2105 04/29/1997 04/29/2012 $3,929.52
Highlands Habitat, Lot 12 04/07/1997 2100/2112 04/07/1997 04/07/2012 $3,929.52
Highlands Habitat, Lot 13 04/07/1997 2100/2119 04/07/1997 04/07/2012 $3,929.52
Highlands Habitat, Lot 14 12/18/1996 2100/2126 12/18/1996 12/18/2011 $3,929.52
Highlands Habitat, Lot 15 12/18/1996 2100/2133 12/18/1996 12/18/2011 $3,929.52
Highlands Habitat, Lot 17 05/13/1996 2100/2147 05/13/1996 05/13/2011 $3,929.52
16.D.8
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06/27/2017
Highlands Habitat, Lot 18 05/13/1996 2100/2154 05/13/1996 05/13/2011 $3,929.52
Highlands Habitat, Lot 19 05/13/1996 2100/2161 05/13/1996 05/13/2011 $3,929.52
Highlands Habitat, Lot 20 05/13/1996 2100/2168 05/13/1996 05/13/2011 $3,929.52
Total $62,872.32
FISCAL IMPACT: There is no fiscal impact associated with the Release of Lien . The $20 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 Chairman to sign a R elease of Lien for the
combined amount of $62,872.32 for 16 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.
Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. Release of Lien-Highlands Habitat (PDF)
2. [LINKED]SHIP Impact Fee Agreements Habitat Highlands (PDF)
3. Backup ES Habitat Highlands (PDF)
4. BCC Agenda 09.12.95 Item 16A9 pg 9 (PDF)
5. [linked] 1995 Resolution IF Highlands 95-495 to 95-514 pg 40-41 (PDF)
16.D.8
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06/27/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8
Doc ID: 3190
Item Summary: Recommendation to approve a Release of Lien to combine release of 16 separate
liens with one developer for a combined amount of $62,872.32 for properties developed by Immokalee
Habitat for Humanity, Inc. that have remained affordable for the required 15 -year period set forth in the
State Housing Initiatives Partnership (SHIP) Impact Fee program deferral agreements.
Meeting Date: 06/27/2017
Prepared by:
Title: Operations Coordinator – Community & Human Services
Name: Wendy Klopf
05/10/2017 11:25 AM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
05/10/2017 11:25 AM
Approved By:
Review:
Community & Human Services Leslie Davis Additional Reviewer Completed 05/11/2017 10:36 AM
Community & Human Services Maggie Lopez Additional Reviewer Completed 05/11/2017 1:43 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 05/31/2017 7:17 AM
Public Services Department Kimberley Grant Additional Reviewer Completed 06/01/2017 3:20 PM
Public Services Department Sean Callahan Additional Reviewer Completed 06/07/2017 3:52 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 06/12/2017 10:58 AM
Grants Erica Robinson Level 2 Grants Review Completed 06/12/2017 11:09 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/12/2017 1:56 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/12/2017 2:10 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/12/2017 2:38 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/13/2017 9:52 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2017 10:26 AM
Grants Therese Stanley Additional Reviewer Completed 06/16/2017 4:23 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/16/2017 4:35 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM
16.D.8
Packet Pg. 1023
16.D.8.a
Packet Pg. 1024 Attachment: Release of Lien-Highlands Habitat (3190 : HfH-Highlands SHIP Impact fees Release)
16.D.8.a
Packet Pg. 1025 Attachment: Release of Lien-Highlands Habitat (3190 : HfH-Highlands SHIP Impact fees Release)
BCC Approval
date/Item #Resolution #
Legal Description Impact Fee Agreement name Folio Street Address Current Owner Same Owner
Yor N
Homestead Y
or N
Lien
(OR/Pg )CO date
15 year
affordabilty
end date
Impact Fee
Amount
SOH=Same Owner With Homestead SOWOH=Same owner
without Homestead DOWH=Different Owner with Homestead
DOWOH=Different Owner without Homestead
09/12/95 Item 16A9 95-495 Highlands Habitat, Lot 1 Immokalee Habitat for Humanity 50120000066 652 Clifton Rd ALBERIQUE, OBERT=& EMINA Y Y 2100/1849 5/13/1996 5/13/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-497 Highlands Habitat, Lot 3 Immokalee Habitat for Humanity 50120000105 660 Clifton Rd GONZALEZ, JOSE L=& CARMELA Y Y 2100/1863 5/13/1996 5/13/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-498 Highlands Habitat, Lot 4 Immokalee Habitat for Humanity 50120000121 664 Clifton Rd ESTRADA JR, JESSIE=& ANNA M Y Y 2100/1870 5/13/1996 5/13/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-499 Highlands Habitat, Lot 5 Immokalee Habitat for Humanity 50120000147 668 Clifton Rd LUVIANO, MIGUEL=& MARIA OLGA Y Y 2100/1877 5/13/1996 5/13/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-501 Highlands Habitat, Lot 7 Immokalee Habitat for Humanity 50120000189 676 Clifton Rd LOUIS, ROSELAINE Y Y 2100/1891 12/18/1996 12/18/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-503 Highlands Habitat, Lot 9 Immokalee Habitat for Humanity 50120000228 684 Clifton Rd MONTOYA, ESTELLA Y Y 2100/1905 2/28/1997 2/28/2012 3,929.52$ SOH
09/12/95 Item 16A9 95-504 Highlands Habitat, Lot 10 Immokalee Habitat for Humanity 50120000244 688 Clifton Rd DIAZ, ISRAEL Y Y 2100/1912 3/9/1997 3/9/2012 3,929.52$ SOH
09/12/95 Item 16A9 95-506 Highlands Habitat, Lot 12 Immokalee Habitat for Humanity 50120000286 683 Clifton Rd ESCOBAR, OLGA Y Y 2100/2112 4/7/1997 4/7/2012 3,929.52$ SOH
09/12/95 Item 16A9 95-507 Highlands Habitat, Lot 13 Immokalee Habitat for Humanity 50120000309 679 Clifton Rd AMAZAN, ROSE IVETTE Y Y 2100/2119 4/7/1997 4/7/2012 3,929.52$ SOH
09/12/95 Item 16A9 95-508 Highlands Habitat, Lot 14 Immokalee Habitat for Humanity 50120000325 675 Clifton Rd WILCOX, WILLIE MAE Y Y 2100/2126 12/18/1996 12/18/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-509 Highlands Habitat, Lot 15 Immokalee Habitat for Humanity 50120000341 671 Clifton Rd MARTINEZ, FRANCES Y Y 2100/2133 12/18/1996 12/18/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-511 Highlands Habitat, Lot 17 Immokalee Habitat for Humanity 50120000383 663 Clifton Rd MORENO, JOSE=& MARIA Y Y 2100/2147 5/13/1996 5/13/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-512 Highlands Habitat, Lot 18 Immokalee Habitat for Humanity 50120000406 659 Clifton Rd CHARELUS, ALEANCE C Y Y 2100/2154 5/13/1996 5/13/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-513 Highlands Habitat, Lot 19 Immokalee Habitat for Humanity 50120000422 655 Clifton Rd SAINT PREUX, MACKINSIE Y Y 2100/2161 5/13/1996 5/13/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-514 Highlands Habitat, Lot 20 Immokalee Habitat for Humanity 50120000448 651 Clifton Rd SIMON, ROSE MARIE Y Y 2100/2168 5/13/1996 5/13/2011 3,929.52$ SOH
09/12/95 Item 16A9 95-505 Highlands Habitat, Lot 11 Immokalee Habitat for Humanity 50120000260 687 Clifton Rd NICHOLSON ET AL, ANGELINE Y N 2100/2105 4/29/1997 4/29/2012 3,929.52$
SOWOH-Sandra Nicholson-deceased 2007- Collier County Library
Employee who's- Husband killed-Property in estate for her children
as they reside in the property
Total 62,872.32$ 16 units eligible for release
16.D.8.c
Packet Pg. 1026 Attachment: Backup ES Habitat Highlands (3190 : HfH-Highlands SHIP Impact fees Release)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, September 12, 1995
9100 a.m.
NOTICE : ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING .
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER
"PUBLIC PETITIONS" .
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE , WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO EE BASED .
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE
(5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS
GRANTED BY THE CHAIRMAN .
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARB
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
A. Approval of consent agenda .
4. APPROVAL OF MINUTES
August 15, 1995 -Regular meeting.
August 22 , 1995 -Regular meeting.
August 22, 1995 -Workshop .
August 24, 1995 -Emergency meeting .
5. PROCLAMATIONS AND SERVICE AWARDS
1
Approved and/or adopted
5/0 with changes
Approved and/or adopted
5/0 with changes
Approved as presented 5/0
16.D.8.d
Packet Pg. 1027 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
A. Proclamations
Added
(1
(2)
"Law Enforcement Appreciation Day". To be accepted
by Jerry Brock .
"Industry Appreciation Week". To be accepted by
Colleen Kvetko , Chairman Industry Appreciation
Committee .
(3) "Beach Clean-Up Day". To be accepted by Susan C .
Nichols-Lucy.
(4) Proclamation recognizing and thanking Mr. and Mrs .
Herbert J. Sudgen for their generous contribution
toward the Lake Avalon Project.
B . Service Awards
Robert C. Allen
Murdo Smith
Parks & Recreation
Parks & Recreation
20 years
20 years
c. Presentations
6. APPROVAL OF CLERK'S REPORT
A . ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1 . General Fund (001) (FY 94-95)
2 . Community Development Fund (113) (FY 94-95)
3. Facilities Construction Fund (301) (FY 94-95)
B . Recommendation that the Board of County Commissioners
adopt a revised investment policy.
7. PUBLIC PETITIONS
8. COUNTY MANAGER'S REPORT
A . COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Report on water quality problems in Vanderbilt
Lagoon.
B . PUBLIC WORKS
(1) Recommendation for Board approval of the
method for construction of the Naples Park
Project .
2
financing
Drainage
Adopted 5/0
Adopted 5/0
Adopted 5/0
Adopted 5/0
Presented
Continued and to be heard
with Item 9A -5/0
Continued
Raymond
5/0
one
James
week and
to review
Report accepted as
presented 5/0
Staff recommendation
approved 4/0 (Commsr.
Constantine absent).
16.D.8.d
Packet Pg. 1028 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
Added
Added
(2) Recommendation to adopt a resolution initiating a
program for the purpose of providing stormwater drainage
improvements within the Naples Park Area Drainage
Improvements Municipal Service Benefit Unit.
(3) Recommendation to adopt a resolution setting the
date, time and place for the public hearing on the
tentative assessment roll for the Naples Park Area
Drainage Improvements Municipal Service Benefit Unit.
(4) Staff report on the purchase negotiation of the
Bathey property.
(5) Recommendation to continue the weekly yardwaste
collection program.
(6) Report on Royal Cover Sewer Issues (Staff's Request)
(7) county Drainage update (Staff's Request)
C. PUBLIC SERVICES
Added
Added
( 1) Recommendation that the BCC confirm their previous
direction regarding the institution of beach parking fees
for non-county residents for FY 1995 -96 (Staff's request)
(2) To obtain the Board of County Commissioners' approval
of a Resolution which will allow charles Schwab, Inc. to
sell the number of shares of Ralcorp Holdings Common
Stock which will most closely approximate the sum of
$500,000 on behalf of the County. (Staff 's Request)
D . SUPPORT SERVICES
Moved from 16D2
( 1) To seek Board approval of
terms for the members of the
a Resolution
Council of
3
adopting
Economic
Res. 95-517 Adopted 4/0
(Commsr. Constantine
absent) .
Res. 95-518 setting
hearing date for 10/24/95
at 9:00 A.M . in Commission
Chambers . Adopted 4/0
(Commsr .
absent) .
Constantine
Staff to work further with
Mr. Hubschman & Engineers
5/0
Approved 5/0
Proposed settlement
rejected; staff to proceed
with necessary work of
wetwell; staff to bring
back resolution to adopt
assessment district; and
necessary budget
amendments approved . 5 / O
Staff
with
directed
SFWMD about
to talk
getting
culverts sandbagged and
bring back a proposal
after talking with the
residents . (Consensus)
Staff directed to leave
budget as is. 3/2
(Commissioners Matthews
and Constantine opposed)
Res. 95-519 -Adopted 5/0
Res . 95-520 -Adopted 5/0
16.D.8.d
Packet Pg. 1029 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
Advisors.
E. COUNTY MANAGER
(1) Allocate $1,500 ,000 of previously collected 1991
category B Tourist Development Funds for promotion of two
separate entities of the Collier County Tourism Committee
for a two -year period.
(2) Recommendation that
Commissioners review a
Fiscal Year 1996 .
the Board of Collier County
pilot Gainsharing Program for
9. COUNTY ATTORNEY'S REPORT
A. Report to Board regarding issues of County Investment
Policy including control of investment portfolio.
B. Report to Board regarding Collier County Utilities Rate
Regulation Authority Jurisdictional Issues ,
Implementation Procedures .
Added
C . Authorization for the Chairman to travel to Tampa, FL and
participate in the Mediation Conference for the
litigation case of Great Monument Construction Co.. v .
Board of County Commissioners for Collier County, Case
No. 94-2928-CA-Ol -TB
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Historical Archaeological
Preservation Board.
Added
B . Discussion regarding appo i ntments ot Advisory Boards .
11. OTHER CONSTITUTIONAL OFFICERS
Withdrawn
A. Recommendation that the Board of County Commissioners
approve the purchase of a computer-aided dispatch {CAD)
system.
PUBLIC COMMENT ON GENERAL TOPICS
LUNCH RECESS 12100 NOON TO 1100 P.M.
4
Approved -5/0
Approved as amended
5/0
Report presented
Staff to set public
hearing date to consider
resolution/ordinance to
rescind prior BCC action
and replan authority re
rate regulation. 5/0
Approved 5/0
Res . 95-521 appointing
Rose Albert er and
reappointing Diane
Gonzalez. Adopted 5/0
Staff to advertise for
three seats on the CCPC.
5/0
Withdrawn
16.D.8.d
Packet Pg. 1030 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
PUBLIC HBARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HBARINGS -BCC
A . COMPREHENSIVE PLAN AMENDMENTS
B . ZONING AMENDMENTS
(1) Petition PUD-95-4, Michael R. Fernandez, AICP, of
Agnoli, Barber & Brundage, Inc ., representing Piper
Boulevard Medical Office Center Investors, for a rezone
from RMF-16 to PUD Planned Unit Development for a
development consisting of uses authorized by the C-2
Commercial Convenience District of the Land Development
Code not exceeding a gross floor area of 30, 000 square
feet for property located immediately east of Cypress Way
East and north of Immokalee Road in Sec . 23, T48S, R25E.
(2) Petition PUD-80-20(5), Donald W. Arnold representing
the Collier County Board of Commissioners requesting an
amendment to the Hideaway Beach PUD, Ordinance 92-11, by
amending Section 4 . 04 . 04, Minimum Setbacks, by changing
the Minimum Principal and Accessory Structure Building
Setbacks for lots abutting the beach for property located
on Marco Island in part of Secs. 5 , 6, and 7, T52S, R26E .
(Continued from the meeting of 8/8/95) (THIS ITBM WILL
BE HEARD AT TH:S: CONCLUSION OF THE REGULAR AGENDA) .
(3) Petition R-95-5, Dennis M. Portella of Portella -Rowe
Associates, Inc ., representing Immokalee Habitat for
Humanity, Inc., requesting a rezone from A-MHO and C-F to
RSF-5 for property located at Lake Trafford Road and
Little League Road in Sec. 36, T46S, R28E, consisting of
8 .2 acres . (Continued to the meeting of 10/24/95.)
C. OTHER
(1) An Ordinance amending Ordinance 88-87 to correct a
Scrivener's error on the Official Zoning Atlas Map Number
9618N referring to the "ST" overlay which in fact should
have been removed from the Pine Ridge Center West PUD :
located west of I-7 5 on Pine Ridge Road, in Sect. 18,
T49S, R26E, Collier County, Florida; and by providing for
an effective date .
(2) Petition SNR-95-2, a Resolution renaming a portion of
the former alignment of Logan Boulevard to "Logan Court",
which street is located in Golden Gate Estates, Unit 34,
located off Green Boulevard, east of Santa Barbara
Boulevard and in Sec. 16, T49S , R26E.
(3) Recommendation that the Board of County Commissioners
approve an Ordinance amending Ordinance No. 9 5 -2 o , the
5
Ord. 95-47 Adopted 5/0
Continued to 10/10/95
and to be readvertised
Continued to 10/24/95
Ord. 95-48 Adopted 5/0
Continued until after
readvertising. 5/0
Continued indefinitely
16.D.8.d
Packet Pg. 1031 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
Collier county Structural/Building and Hurricane Code.
{ 4) Recommendation to adopt a resolution approving
amendments to the Fiscal Year 1994-95 adopted budget.
(5) Petition AV95-005, Jack Nold as agent for owner,
Eagle Creek Properties, Inc., requesting vacation of the
drainage easement located on Tract A, of the Plant of
Eagle Creek Country Club as recorded in Plat Book 14,
Pages 1-5, and a portion of a drainage easement as
recorded in Official Record Book 1344, Pages 1082-1084,
of the Public Records of Collier County, Florida
(6) Petition AV95-004 to vacate a portion of a 60 foot
road right-of-way known as Bailey Lane located on a
parcel of land lying in Section 23, Township 49 South,
Range 25 East, as recorded in Official Record Book 929,
Page 1204, and Official Record Book 929, Page 1198, of
the Public Records of Collier County, Florida
{ 7) An ordinance amending Collier County Ordinance No.
93-72, adopting the County Administration Law of 1974,
Part III of Chapter 125, Florida Statutes, the Collier
County Administrator Ordinance: amending Section Three:
County Administrator; Powers and Duties, by providing
violation definition and sanctions for the Board and its
members.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition SV-95-4, International Sign and Design
representing Discount Auto Parts, Inc., requesting a 30
foot variance from the required 150 foot road frontage
for a pole sign to 120 feet, for an auto parts store
located at 3600 Tamiami Trail East . {Continued from the
meeting of 8/22/95)
(2) Petitions CU-95-7, CU-95-8, CU-95 -9, and CU-95-10,
Bill Hoover of Hoover Planning Shoppe, representing
Immokalee Water and Sewer District, requesting a
Conditional Use per Section 2.6.9.2 {Essential Services)
for the expansion of wastewater and water treatment
facilities located in Sec . 31, T46S, R29E, and in Secs.
3, 4, and 9, T47S, R29E . {Continued from the meeting of
8/22/95)
(3) Petition CU-95-5, Willa Pope Joy and Herman Spooner,
Trustees, representing Versie Spooner, requesting
Conditional Use 2.6.9 .2 of Section 2.6.9 (Essential
Services) for a post office in an RSF-3 Zoning District
for property located east of and contiguous to Fifteenth
6
... ····----------
BAR-95-9
Res. 95-522 Adopted 5/0
Res. 95-523 Adopted 5/0;
Clerk to advertise notice
of adoption within 30 days
upon receipt of
Transportation Services of
proof of compliance from
the City. 5/0
Ord. 95-49 Adopted 5/0
Continued to 9/19/95
Res. 95-524 Adopted 5/0
Res. 95-525 Adopted 5/0
Res . 95-526 Adopted 5/0
Res. 95-527 Adopted 5/0
Res. 95-528 Adopted 5/0
··---·· ·----··-----
16.D.8.d
Packet Pg. 1032 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
Street North (S.R. 29), north of Immokalee Drive, south
of Lake Trafford Road, in Sec. 33, T46S, R29E, consisting
of 1 . 7± acres . (Continued from the meeting of 8/22/95)
(4) Petition V-95-11, Mitchell B . Thompson, P .L .S.,
representing Gastion, Inc., for a variance from the
required 15 foot landscape buffer along Santa Barbara
Boulevard to 10 feet , and a 5 foot variance from a
portion of the required 10 foot landscape buffer along
the south property line to 5 feet for property described
as a portion of Tract 11, Countryside at Berkshire Lakes ,
Section Three, Plat Book 14, Pages 78-80 of the Public
Records of Collier County, Florida . (Continued from the
meeting of 8/22/95)
(5) Petition V-95-9, Mark W. Minor of Q. Grady Minor &
Associates, P.A. , representing Sterling Oaks Joint
Venture, requesting an 8.5 foot variance from the 20 foot
requirement for outdoor clear parking as required in the
Sterling Oaks PUD to 11. 5 feet for , Lot 15, Block E,
Sterling Oaks, in Sec . 20, T48S, R25E. (Continued from
the meeting of 8/22/95)
(6) Petition V-95-7, David C. Sneed representing Marvin
Montgomery, requesting a 17.5 foot variance from the
required 50 foot side yard setback to 32. 5 feet for
property located at 5445 Shirley Street in Sec. 11, T49S,
R25E. (Continued from the meeting of 8/22/95)
(7) Petition CU-95-4, Dr . Nena J. Spagna of Florida Urban
Institute, Inc ., representing Richard D. Craig,
requesting Conditional Use "7" and •10• of the "A" Rural
Agricultural District for a church and school for
property located on C. R . 951 approximately 33 0 feet
north of Vanderbilt Beach Road in Sec . 34, T48S, R26E.
(Continued from the meeting of 8/22/95)
(8) Petition CU-95-6, Robert F . Rogers of Cummings and
Lockwood, representing the Sunrise Academy Private
School , requesting Conditional Use "1" of the "E" Zoning
District to allow for a church for property located on
the east side of County Barn Road and approximately 300
feet north of Crews Road in Sec. 8, T50S, R26E.
(Continued from the meeting of 8/22/95)
(9) Petition SV-95-3, Mark Minor representing General
Building Corporation requesting a variance from the
required one (1) double faced sign not to exceed 32
square feet to allow two (2) single faced signs not to
exceed 32 square feet per sign for a model home located
at 6562 Trail Boulevard, in Pine Ridge Subdivision .
(Continued from the meeting of 8/22/95)
(10) Petition V-95-13, Peter R. Comeau of U. S. Home
7
---------··· ··----·-
Res. 95-529 Adopted 5/0
Res. 95-530 Adopted 5/0
Res. 95-531 Adopted 5/0
Continued to 9/19/95
Res. 95 -532 Adopted 5/0
Denied 5/0
Denied 4/1 (Commsr .
16.D.8.d
Packet Pg. 1033 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
Corporation, representing Robert M. Lindsay, requesting a
3 . 9 foot after -the-fact variance from the required 10
foot rear yard accessory structure setback to 6 .1 feet
for property located on the north side of Lely Island
Circle on Lot 61 in Sec . 27, T50S, R26E.
(11) Petition V-95-12, James M. Boswell, II , requesting a
5 foot variance from the required front setback of 25
feet to 20 feet and a 5 foot variance from the required
rear setback of 25 feet to 20 feet for property described
as a portion of Lot 16 , Block "F" and a portion of Lot
11, Block "H", Replat of Unit No. 3, Little Hickory
Shores.
( 12) Appeal of a Growth Management Plan interpretation
regarding the Maximum Residential Density within a Mixed
Use Activity Center located on Marco Island within the
Urban Coastal Fringe Area subdistrict .
B. OTHER
( 1) Petition CU-92-4, William Senkevich of Tempustech,
Inc., requesting extension of a Conditional Use approval,
granted September 8, 1992, for Conditional Use 5 (Cluster
Development) of Subsection 2 .2 .4 .3 of the Land
Development Code . (Continued from the meeting of
8/22/95)
(2) Petition CU-94-4, Ronald J . LaFlemme, representing
James Billie , requesting an extension of a Conditional
Use "23" in the "A" Agricultural Zoning District to allow
for a museum and Indian cultural facility that has
previously received Conditional Use approval, for
property located on the south side of U.S. 41 and
approximately 3 miles east of the Port of the Isles in
Sec. 13, T52S, R28E, consisting of 10 acres.
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
15. STAFF'S COMMUNICATIONS
16.
CONSENT AGENDA
All matters listed under this item are considered to be routine
and action will be taken by one motion without separate
discussion of each item . If discussion is desired by a
member of the Board, that item(s) will be removed from
the Consent Agenda and considered separately.
8
Mac' Kie opposed)
Res . 95 -533 Adopted 5/0
Continued to 10/3/95
Continued to 9/19/95
Res. 95-534 Adopted 5/0
Approved and/or Adopted
5/0 Except 16Al
(Commisisoner Mac'Kie
abstained)
16.D.8.d
Packet Pg. 1034 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
A . COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation to approve the final plat of "Walden
Shores".
(2) Recommendation to approve Lien Resolutions for the
following:
(a) Compliance Services Case No . 41212-028; owner of
record -Douglas L. Carter & Sandra G . Carter.
Withdrawn
(b) Compliance Services Case No. 50303-023; owner of
record -Al Gallman.
(c) Compliance Services Case No. 50516-035; owner of
record -Daniel Castro & Gisela Castro.
(d) Compliance Services Case No . 50519-019; owner of
record -Thomas D. Saylor & Robert A. Saylor .
(e) Compliance Services Case No . 50609-016; owner of
record -Mon Reve Holdings Inc.
( 3) Recommendation to approve for recording the final
plat of "Silver Lakes Phase Two-B".
(4) Water
Growers .
facilities
(5) Water facilities
Maintenance Facility .
acceptance
acceptance
for Naples Tomato
for Stonebridge
(6) Water and sewer facilities acceptance for the
Orchards, Phase Two .
( 7) water and sewer facilities acceptance for Pelican
Marsh, Unit 6, Phase 2.
(8) Water and sewer facilities acceptance for Pelican
Marsh, Unit 9.
(9) The Board of County Commissioners authorize waiver of
road impact fees, library system impact fees, parks and
recreational facility impact fees, emergency medical
services system impact fees, and educational facility
system impact fees for twenty (20) single family houses
to be built by Immokalee Habitat for Humanity , Inc . in
The Highlands Habitat Subdivision in Immokalee and to
fund said waivers from Affordable Housing Trust Fund,
Fund 191 .
9
Construction and
Maintenance Agreement
(Commissioner Mac'Kie
Abstained)
Res. 95-491
Withdrawn
Res. 95 -492
Res. 95-493
Res. 95-494
Credit Letter of
Construction
Maintenance Agreement
Letter of Credit
Cash Bond
and
and
Res. 95-495
95-514
thru Res .
16.D.8.d
Packet Pg. 1035 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
(10) Recommendation to grant final acceptance of the
roadway, drainage, water and sewer improvements for the
final plat of "The Verandas at Tiger Island Unit One•.
(11) Recommendation to grant final acceptance of the
roadway, drainage, water and sewer improvements for the
final plat of "Lely Barefoot Beach Unit Four".
B . PUBLIC WORKS
(1) Petition AV95-015, Blair Foley as agent for owner,
Vineyards Development Corporation, requesting vacation of
a utility easement located on Tract CH, of the Plat of
Vineyards Unit One, as recorded in Plat Book 14, Pages
67-74, and as recorded in Official Record Book 1318, Page
2070, of the Public Records of Collier County, Florida
(2) Recommendation for approval of Amendment No. l to the
Professional Services Agreement with Coastal Engineering
Consultants, Inc., to provide professional engineering
and surveying services necessary in performance of annual
monitoring requirements for the Marco Island Beach
Renourishment project
(3) Recommendation for approval of Work Order #CEC-8-S
with Coastal Engineering Consultants, Inc ., in the amount
of $24,680.00 to perform professional land surveying
services for the Wiggins Pass Maintenance Dredging
Project
(4) Recommendation to initiate work orders under the
annual surveying services contract to document peak
stormwater elevations in various parts of the County
caused by Tropical Storm "Jerry"
(5) Award contract to construct disinfection facility
upgrade for South County Regional Wastewater Treatment
Facility, Bid 95-2395.
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners
approve the transfer of funds from one cost center within
the Library budget to another cost center within the
Library budget.
(2) Recommendation that the Board of County Commissioners
approve a request for the increase of the dollar amount
for Contract #94-2199 for the Parks and Recreation
Leisure Line publication .
(3) Recommendation that the Collier County Board of
Commissioners accepts the conveyance of a land interest
10
Res . 95-515
Res. 95-516
Quitclaim Deed and
replacement Easement
To Mitchell & Starke
Construction in the amount
of $174,022
In the amount of $5,500
Warranty Deed
16.D.8.d
Packet Pg. 1036 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
from the East Naples Civic Association for use as a
neighborhood park.
D . SUPPORT SERVICES
(1) To obtain Board authorization for the Chairperson to
execute an agreement between the Boar d of County
Commissioners and Focus.
Moved to 801
(2) To seek Board approv al of a resolution adopting terms
for the members of the Council of Economic Advisors.
(3) Report to the Board of County Commissioners
concerning the sale and transfer of items associated with
the County auction of July 29 , 1995 .
(4) Recommendation that the Board of County Commissioners
approve an amendment to the lease with option to purchase
agreement between Lease Resource, Inc . and Collier County
Government and authorize the Chairman to execute the
amendment .
(5) Recommendation that the Board of County Commissioners
become a sponsor of the Naples Free-Net .
(6) Recommendation to execute a work order for the first
phase of a work order for architectural services for the
expansion of the Tax Collector 's Office.
E . COUNTY MANAGER
(1) Approval of Budget Amendments
F . BOARD OF COUNTY COMMISSIONERS
G . MISCELLANEOUS CORRESPONDENCE
(1) Miscellaneous Items to File For Record With
Action As Directed
H. OTHER CONSTITUTIONAL OFFICERS
I . COUNTY ATTORNEY
17. ADJOURN
11
Moved to 8Dl
Contribution in the amount
of $1,200
BA 95-490 thru 95-492 ;
95-497; 95 -498; 95 -502
thru 95-504; 95 -512 and
95 -513
16.D.8.d
Packet Pg. 1037 Attachment: BCC Agenda 09.12.95 Item 16A9 pg 9 (3190 : HfH-Highlands SHIP Impact fees Release)
1976381 OR: 2100 PG: 1849
11CORDID in OFFICIAL WORDS of COUIIR COMM, R
09/19/95 at 00:37AK DMIGBT 1. BIOC1, CL111
RIC 111 33.00
COFIIS 1.00
Reta:
CL111 TO TII BOARD
AGREEMENT FOR WAIVER 03 71101FICI 5T1 FLOOR
11? 1240
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this /ate day of qj�. , 1995, 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 Facilit3e Tact. Fee Ordinance; Collier
v 14"
XIJ
County Ordinance No. 91 7"s amends the Collier County
Emergency Medical S4rv�;es__system Imp et y Fee Ordinance;
Collier County Ordi4anoe--No.�2?, a amndd, the Collier
County Road Impact F e k Drdirtanc ; 11"ier Cpunty Ordinance
b,j
No. 92-33, as am�nd0dthe Co ier� Cp�Y Educational
we
,s
Facilities System ImpA. �ee 0rdinance'„a,s A may be further
amended from time to tim�,r)_1oreinafter ci edtively referred to
as "Impact Fee Ordinance", prvid it r,iaivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
- i -
OR: 2100 PG: 1850
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. 95-� at its regular meeting
of , 1995; 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 -.{ gl, description of the
dwelling unit (the "D e ng. Unit") ", J -attached hereto as
Exhibit "A" and incor,port'�i y -" ern hren.
3. TERM. OH
remain as affordabl
accordance with the
the Impact Fee Ordi
s set f
for a peri
1
commencing from the date 'tet�1at
for the Dwelling Unit.PµTM..,,"`
4. REPRESENTATIONS AND WARRANTIES.
warrants the following:
a ell;ing Unit shall
offered for sale in
in",,' -the appendices to
fifteen (15) years
occupancy is issued
OWNER represents and
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 1851
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3.929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owe` : (� -WNJR, OWNER covenants and
agrees to 3 I with <`t�4";�affordable housing
impact fe Iver qua1 f ication criteria
deta i led.i-� e �r t w F Orciinnce .
A
It
`. a s t
5. SUBSEQUENT€ T, SF R E�N�t s411 the Dwelling
t q
Unit subject to t4 \impact fee ,aa1v*r il,U a subsequent
purchaser, the Dwell i A%iit shall be,oid,o�ly to households
meeting the criteria set h,inn the. m arc Fee Ordinance.
n s� -IT
6. AFFORDABLE REQUIR�i� _ eµ"Dwelling Unit must be
utilized for affordable housing for a fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR; 2100 PG; 1852
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER 2� Records of Collier
County, Florida, within (teen (15) dies= after execution of
this Agreement by ihW� U irman -of theBurd of County
Commissioners.``
E
£ 4E ,
il. DEFAULT.WI�t°1 iip ik�x defult` this Agreement
N w �
(1) where OWNER fails t sell the Owi�,liig '`ii�t in accordance
with the affordable1\�'rn,sing standards at�d qualification
criteria established in t Imrcct t'rnance and thereafter
fails to pay the impact fees due'w"thin thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 1853
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
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,pl , rt, t4' at the statutory rate
g�" a calendarayasis until paid.
for judgments calculat
IN WITNESS;` W4-'EK40yr ,
Agreement for Waive
Y
above written.
Witnesses: ,
Print Name
� sw
Print Name tdd t/i/t SII kLL
DATED: ✓2, / �fS
ATTEST:
DWIGHT E. BROCK, Clerk
i if%
Approved as to form and
legal sufficiency
9-91dl—F*Ashton
Assistant County Attorney
ies, ave executed this
ate and year first
OW ERS
IMI+ICALF t.:HABITAT FOR
HUMANI'k`' INC.
Cha les C. S Vice President
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: c
TTYE J MATTHEWS, CHAIRMAN
- 5 -
OR: 2100 PG: 1854
STATE OF Florida )
COUNTY OF +g11ier )
The foregoing instrument was acknowledged before me this
day of - 1995, by Charles C. Smith. Vice
preside*+ q$�MMokalee Habitat for Humanity. Inc. He is personally
known to me.
(NOTARIAL SEAL) Si.g atuXe of Person Taking
doe214
Name of Acknowledger Typed, Printed or Stamped
=,37
BEY
OF FLORIDA
• CC376465. MAY 30,1998
w, iA _ , s
"y j
� day
*** OR: 2100 PG: 1855 *t*
EXHIBIT "A"
Lot 1, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Book Plat Boo+17� �-, Page g'- / of the Public
Records of Collier County.
lets; 1916383 OR: 2100 PG: 1863 uc rI, 33.00
CLIRI TO THI 80AID RICOIDID is the 0111CIAL 11CORDS of COLLIII C0017Y, IL COlIIS 1,00
I171101FICI STH tL001 01/11/15 at 01;31AM DVIGIT 1. BROCK, CU1K
It? 1140
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this /fit day of , 1995, 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 Facilitie ,Impact Fee Ordinance; Collier
County Ordinance No. 91�-�,s ame�c,��he Collier County
�V
Emergency Medical S0rvic __._System Imp ct y Fee Ordinance;
Collier County Ordinanc,6 No 22 a'O amended, the Collier
County Road Impact Fee 'Ori inen eq 14 r County Ordinance
r
No. 92-33, as amId,�` the Gofer Cp�ty Educational
Facilities System Impa�Ordinanceia; by may be further
amended from time to tim ioreinafter co fi ctively referred to
��`, M
aact Fee Ordinance", of impact fees
s "Impact P_il �
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
- 1 -
OR: 2100 PG: 1864
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. 95-1 at its regular meeting
of , 1995; 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=v'i description of the
dwelling unit (the "DwerngUnit")ttached hereto as
Exhibit "A" and incor, or t 4 by4�r=e. e q- ce h re' n.
3. TERM. OWI`ERt ag°A D:lling Unit shall
remain as affordabl u i bid ` h, 11 aef offered for sale in
accordance with the ndards set forth in'te appendices to
the Impact Fee Ordina�$ for a period"ffifteen (15) years
commencing from the date tie $*€tirt�f iat'f occupancy is issued
for the Dwelling Unit.'
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 1865
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3.929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed a,by OWNER, OWNER covenants and
agrees to affordable housing
ON
impact _ wee waiver qu° I cation criteria
detail=ed 'in they: Impact k,ee O) i, nce.
5. SUBS
Unit subject to
purchaser, the Dwell'i
meeting the criteria s
NSFVR 'I f , PW
c 5
i f w
Unit shall bid';
�fbrth in the In
llp the Dwelling
3
to a subsequent
iy to households
'ee Ordinance.
6. AFFORDABLE REQU'2Elt-�^wielling Unit must be
utilized for affordable housing for afifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR: 2100 PG: 1866
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER fih� �a Records of Collier
ON
County, Florida, within %;ifteen (15) dA+:* -,after execution of
the h.M4
this Agreement by 1
� `, rjiran- �f-,� th Board of County
Commissioners.
c 5 7
11. DEFAULT. x derja4lt`;oE this Agreement
(1) where OWNER fail � p sell the D ,_,ling � ,it in accordance
with the affordable\-- busing standards an qualification
criteria established in tx rp"6aact Fe d nance and thereafter
s� Y
fails to pay the impact fees due'Mwith^in thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR; 2100 PG; 1861
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
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,lvl�at t -t the statutory rate
ON
for judgments calculated calendar dams until paid.
IN WITNESS
Agreement for Waiver/of
1 11111,
above written.
Witnesses:
- .4
Ij
Pkint Name
/ , -1 , � I -
Pr nt N e 1,4,jk 11,
DATED : 4,499,
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
Rbidt F. Ashton X,
Assistant County Attorney
ies 'have executed this
tee and year first
J
OWNERS
IMMdKA-U HABITAT FOR
HUMANI .s`TNC.
It /
rles C. Sm h, Vice'President
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: \ ��
ETTY J. TTHEWS, CHA AN
- 5 -
OR: 2100 PG: 1868
STATE OF Florida )
COUNTY OF Collier )
The for
day of r.
President of
known to me.
nt was acknowledged before me s
, 1995, by Charles C. Smith. V�
tat for Humanity. Inc. He is personally
[NOTARIAL SEAL) Signature of Person Taking Ack "wledgment
dOC214
Name of Acknowledger Typed, Printed or Stamped
FFIC� '!! L NOTARY RIAL
JOANNE DA1-3EY
NOTARY PUBLIC STATE OF FLOBIMA,
Ct11,1MI1 ;:()\ NO. �:ClTcAb5
N1Y t ).14.%".;.=!c »+ VP, MAY 30 t4S,'S
y
j
F
*** OR: 2100 PG: 1869 ***
EXHIBIT "A'I
Lot 3, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book �2 , Page G / of the Public
Records of Collier County.
Ietn:
CLIRI t0 i81 BOARD
IMIOFFICI STH FLOOR
117 1240
1916384 OR; 2100 PG; 1810 uc In 33.00
RICORDID in the OFFICIAL RICOUS of COLLIIR COUNTY, FL COP113 1.00
09/19/95 at 09:37AK DVIGBt 1. BROC1, CL111
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this/�.j:- day ofdm,�, 1995, 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 Faci]wate miorFee Ordinance; Collier
., r i .
County Ordinance No 9�-�, as amen
f"" v he Collier County
Emergency Medical $,ervices -°System Impt Fee Ordinance;
1 17
Collier County OrdilanCp tIo 2 �ndd, the Collier
County Road Impact Fee ��,Ordi arce, r 3 Cd 11ie County Ordinance
No. 92-33, as am6' d, the Col er: CbUn� 1 t Educational
sc may be further
Facilities System Impa dee Ordinance,, y y
4, m
amended from time to timQ
IJ nafterectively referred to
as "Impact Fee Ordinance", pr"ovidl.-4ar waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
OR: 2100 PG: 1811
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. 95-_A/L,? at its regular meeting
of /2, 1995; 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 DESCRIPTIOff - description of the
dwelling unit (the "Dw Ai. Unit") i e -a tached hereto as
Exhibit "A" and incorporited y "re'feyr4rkce h rein.
3. TERM. OWNER' t a a j �:s3" uthJI
11 ng Unit shall
/ffer
� 3
4�
remain as affordabl4 'wsrhrdh�ll ire ,oed for sale in
accordance with the ,t'�"dards set forth irv, .tt�e appendices to
,.4. >. c.
the Impact Fee Ordinaiie'°„for a period f'f Yfteen (15) years
commencing from the date the ppr- 2f"t1d, occupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 1872
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3,929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees toonr�3� rh+ affordable housing
ON
impact fee' waiver qi%l tation criteria
detailedn'),ult�k ,IJ -Pee 0 div4ance.
5. SUBSEQUENTdk TANS`pYIE 49ells the Dwelling
� H," dy
Unit subject to t�h"0;,;'�i`mp xwai e a subsequent
S =F.
purchaser, the Dwell tick, Unit shall b �� sold `4t0ly to households
meeting the criteria s1 f°t�th in the Imps dee Ordinance.
6. AFFORDABLE REQif2E[i�=Th
',�7welling Unit must be
utilized for affordable housing for a fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR: 2100 PG: 1813
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER Z€al Records of Collier
.. �
V ON 4.
County, Florida, withi, f"fifteen (15) 'daafter execution of
this Agreement by i1tho' '1Chazrma..n.. of t oard of County
Commissioners.{ 3
r
il. DEFAULT. defaU1t, of this Agreement
(1) where OWNER fail, ,'to sell the D ; 11 J ng, b' it in accordance
with the affordabl � using stand rls nd qualification
criteria established in, rpact,Fee x dinance and thereafter
fails to pay the impact fees'due "thin thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 1814
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
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,t the statutory rate
for judgments calculated","6n-'a calendar aa�iasis until paid.
IN WITNESS,,°`WHER E 4the.. parties ha e executed this
It
t
R► a Y
Agreement for Waiver, oft t► d t and year first
above written.
OW
Witnesses: t �,PRS
HABITAT FOR
Print Name r� HUMAHuf,�,-�INC.
Pr nt Nalte &L40ir CA U'4 Afi-k!
Ch Ires C. SM4,6
h, ice 1resTdent
DATED:, ���J BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK,.Clerk
r By'ETTY
J MATTHEWS, CHAIRMAN
Approved as to form and
legal sufficiency
el
As ton
Assistant County Attorney
- 5 -
STATE OF Florida
)
COUNTY OF Collier )
The fo�
day of c<0
President oA
known to me.
[NOTARIAL SEAL]
doc214
OR: 2100 PG: 1875
ing .instrument was acknowledged before me this<�
1�L� , 1995, by Charles C. Smith. Vlce�-
mokalee Habitat for Humanity. Inc. He is personally
Name of Acknowledger Typed, Printed or Stamped
1'F I IKE-NOTARY Y S
JOANNE DALUEY
tiufAa' PUF11C ` 1'ATF OF FLORIDA
{'oJ.A15S.0V NO. CC37Mbi
MY Co.%PAIS�10 J P01. MAY 30,1998
$ Y y
a ! Y } j
=W
*** OR: 2100 PG: 1876 "t
EXHIBIT "All
Lot 4, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book �, page w"'/ of the public
Records of collier county,
\ ;
\ , .
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.\<
� � \
\/
( ;
}�
Beta:
CL11t t0 T81 BOARD
IM711011IC1 571 1LOO1
It? 7240
1976385 OR; 2100 PG; 1877 13C 111 33.00
RICORDID is the OE?ICIAL RICOBDS of COLLAR CODB41, IL COlIIS 7.00
09119195 at 08:I7AN DYIGM7 I. 81OCt, C1111
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this/, -2Z-& day of�4tz_, 1995, 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 Facilit'e in ac,t Fee Ordinance; Collier
County Ordinance No. 51 as amen ;the Collier County
Emergency Medical psrv,lpes _..System Impact-\\ Fee Ordinance;
Collier County Ordinance, � am nded, the Collier
,
County Road Impact iee,,0�dihahco,l r County Ordinance
No. 92-33, as amended, the City Educational
Facilities System Imp4c�t,Fee Ordinanc+ �„ pis ti hey may be further
amended from time to tiu.+einafterlectively referred to
as "Impact Fee Ordinance", pr,6 � r` waivers of impact Lees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
- 1 -
OR: 2100 PG: 1878
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. 95-0at its regular meeting
of , 1995; 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 DESCRIPTIOe�'9 description of the
dwelling unit (the nit"} isle"atached hereto as
Exhibit "A" and incorporated by refe rs a he ein.
3. TERM. OWNER are' Atha t �elling Unit shall
t ° i.
remain as affordable ,011 byw Meed for sale in
accordance with the ndards set fort in 4the appendices to
the Impact Fee Ordinan,�e` por a periods fifteen (15) years
commencing from the date t��ef` occupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 1879
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3,929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees to mpg riti idle affordable housing
impact waiver cru'=i'ication criteria
detaiJ,,ed ,in;: tahe M4 �
�mpa�t;��ee Odiance.
5. SUBSEQUENT;= ,AN
TE,�"s��:sels the Dwelling
d 5 �
t q
Unit subject to ttr� k t!?pe x w ivr to a subsequent
purchaser, the Dwell ti,\,Unit shall b sold'oniy to households
meeting the criteria s* -forth in the Ipat.. ee Ordinance.
6. AFFORDABLE REQUII2EIt3' Tfe''Dwelling Unit must be
utilized for affordable housing�`'a fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR; 2100 PG; 1880
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER f� a Records of Collier
f
County, Florida, within"i"Ifteen (15) dA s after execution of
this Agreement by ihe/ ' h irmarr° o the', Board of County
Commissioners. N``�
i i
11. DEFAULT. tW�°s,b i def*u�'lt11 this Agreement
Y
(1) where OWNER fail t tq sell the Dw�llir�g V1t in accordance
j
with the affordable � fio sing standard' and qualification
criteria established in �UJ. t Fe f lance and thereafter
fails to pay the impact fees due within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR; 2100 PG; 1881
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
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 nithe statutory rate
for judgments calculated fa calendar basis until paid.
IN WITNESS1H,�tli,.n_„patieshae executed this
t
Agreement for Waiver of Tmact 3e�n �hteY and year first
above written.kk
Witnesses: OWNERS
iABITAT FOR
Print Name HUMANIT �rNC.
"Print Na a ►�I,t�tu� ,:,...� ,,i .
Ch es C. Sm Vice resident
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
H6idi-F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
i
By:
TTYE J MATTHEWS, CHAIRMAN
- 5 -
OR; 2100 PG; 1882
STATE OF
COUNTY OF
The fo"going instrument was acknowledged before me this -t>
day of C_� 1995, by Charles C. Smith. Vice
President of mmokalee Habitat for Humanity. Inc. He is personally
known to me.
[NOTARIAL SEAL] Signatu of Person Taking Acknc#ledgment
Name of Acknowledger Typed, Printed or Stamped
dw214
OFFICIALA A.
JOANNE CALBFY
NOTARY Ptin.w STATF oF FLORIDA
CORVX-SION NO. CL31646
tity rt i.4VI�aUS!ON UP. MAY,10.1098
L 4iy"
1. Ts ' w.ti„Y' ..
*** OR: 2100 PG: 1883 ***
EXHIBIT "A'
Lot s, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat §ook,� zz , page ggl,'l of the public
Records of collier County.
\ ;
\ , .
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.\<
� � \
\/
( ;
}�
• ,etA: 1976387 OR: 2100 PG: 1891 1,C !n 33.00
CW RL TO T11 BOAID 11CO1DID in the 011ICIAL 11CO1DS of COLLIII 000171, IL COlIIS 7.00
IR110«ICI 5TH IL001 09/19/95 at 00:37AK DMIGHT 1. B10C1, CL111
IIT 1240
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this ia: day of14 2t , 1995, 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 Facilitlies Impact Fee Ordinance; Collier
County Ordinance No. 917,
Emergency Medical Se�rvidesn.
Collier County Ordinance mRNo.
amene''ci, °°the Collier County
stem ImpaIf ct Fee Ordinance;
as amdpd4d, the Collier
County Road Impact Feeriinop
ne, �n" C'ler County Ordinance
� ,�.AF 1 k
No. 92-33, as amend, the"i�ier Qty Educational
Facilities System Impa" dee Ordinance,as ty may be further
amended from time to tim 1 reinaf ter co lectively referred to
t.
"Impact ", i d .
as Im act Fee Ordinance "Pr", waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
�1�
OR: 2100 PG: 1892
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
OWNERO embodied in Resolution No. 95-,;CiL/ at its regular meeting
of , 1995; 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 DESCRIPTIQNT� ,j description of the
dwelling unit (the "Dw i�s° ng Unit") A" tached hereto as
Exhibit "A" and incorporated by 4retrereii a he''rei i.
3. TERM. OWNER fe'A ff�o " °- `'tha4 " D fi"e ll ng Unit shall
4�
remain as affordable 11sn ha,�al b0 ofed for sale in
accordance with the "irdards set fok,h 1n°'t appendices to
the Impact Fee Ordinan'i�°for a period o fk°fteen (15) years
� v � sr
commencing from the date therlf=° eo occupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR; 2100 PG; 1893
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3,929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed yby
agrees to scolY���
impact# waiver
detailed in.th ImpaC
5. SUBSEQUENT
Unit subject to t
purchaser, the Dwellki
meeting the criteria s
OWNER, OWNER covenants and
affordable housing
5C ON 9..
ctuali ication criteria
it shall be�
xth in the I
a Ordidonce.
t
°ee11S the Dwelling
,a•• 2 3
E
.Ver 1 too a subsequent
oid a c t"y to households
0s
e Ordinance.
6. AFFORDABLE REQUIREK"EN . ,'�3 tilling Unit must be
utilized for affordable housing for a fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR; 2100 PG; 1894
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.
10. RECORDING. This Agreement shall be recorded by OWNER
�0"
at the expense of OWNER,-l",� 61 Records of Collier
i \•
County, Florida, within fifteen (15) daafter execution of
this Agreement by f''thd h'&kirm4n o'f th e Board of County
Commissioners.'
il. DEFAULT. iN ibe, 14, de er it tdf this Agreement
(1) where OWNER fail , sell the Dwe*ling :Knit in accordance
with the affordable pus ing standars C ", nd qualification
w
criteria established in th'e, I�tt t� O�"x'd"finance and thereafter
fails to pay the impact fees due within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR; 2100 PG; 1895
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
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, p3uv�6t(eif ,t the statutory rate
for judgments calculated,°°- calendar a<is until paid.
IN WITNESS ;,WHE, tQ-F� thewpar'�ieshave executed this
r � � t t
Agreement for Waiver soft I� t See` ate` and year first
11above written. N, L'
Witnesses: OWNI� ',RS
C-
W.
IMMO"1rE `i C. TAT FOR
Print Name i�� �..�� u s HUMAN,I' �NC.
Print Name �f«�«u� �.�,..u.r, .��.IL
Charles C. Sm ,/Vice Fresi.dent
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
e1 1 F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: e.G
�..
ETTYE TTHEWS, CHAIRMAN
- 5 -
OR: 2100 PG: 1896
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this
yg
/ 1995, by Charles C. Smith, V
President o mmokalee Habitatfor Humanity, Inc. He is personally
known to me.
(NOTARIAL SEAL) Signatur,�,of Person taxing we
doe214
Name of Acknowledger Typed, Printed or Stamped
MKIAL KOTARY .5FAI
)(111' NE DAI fizY
MY IAP, MAY T1 I(W
e
3I"' rr '\
! ",
`
."D p'
'� aA `�E•"a' a _�
�r
*** OR: 2100 PG: 1897 M
EXHIBIT "All
Lot 7, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book L,2:; 11 , Page El of the Public
Records of Collier County.
Iota:
CLIRL TO TBI BOARD
II711011ICI 578 FLOOR
11? 7140
1976389 OR; 2100 PG; 1905 HC 111 31.00
RICOIDID is the OIIICIAL RICOID3 of COLLIIR COVVY, IL COPII3 7.00
09/19/95 at 01:37AN DVIG87 I. BIOCI, CLIII
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this/ojL.,(_ day of zaz:, 1995, 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 Facilit,i,e-s IrmpAct Fee Ordinance; Collier
IR,
County Ordinance No. 91-x'7ae4,;the Collier County
Emergency Medical Serves System Im ct Fee Ordinance;
Collier County Ordlnanoe No 92� 2, ,s amend d, the Collier
;. A
County Road Impact Fee 101«iiinatc a�J,"er County Ordinance
No. 92-33, as am Rad' d— "" x t7re ol%ie i d t y Educational
Facilities System Impar Fee Ordinance 'as t, may be further
amended from time to ti he inafter Qo'11141e ively referred to
as "Impact Fee Ordinance"," Pr0l' 4 M f Waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
- 1 -
OR: 2100 PG: 1906
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. 95-f4.3 at its regular meeting
of ,/.Z , 1995; 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"-v'�;Ifal
� description of the
dwelling unit (the "Dwe ingUnit"') "ttached hereto as
Exhibit n A oand incorr or ted by4 retearence h re n.
f
3. TERM. OWiERtaQ �eti t2 " welling Unit shall
remain as of fordable . iibu inxg end he f o e ed for sale in
7e
accordance with the st4ndards set forth in/"the appendices to
the Impact Fee Ordinal e, for a period"f`fi'fteen (15) years
commencing from the datefoccupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 1901
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3,929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees to c'" fthe affordable housing
impact f waiver gpah fication criteria
detaii,�d ijithe'"°LmpAgt,-,Fee rd�`nance.
t
5. SUBSEQUENT`t Tf�S1t 7�FR; \l .w®els the Dwelling
LAI
Unit subject to!mpc e°e wavy tt a subsequent
purchaser, the Dwell; o, Unit shall sdld,c%"1 y to households
Jil
�-
meeting the criteria r° orth in the Irapa tFee Ordinance.
6. AFFORDABLE REQing Unit must be
utilized for affordable housing °µ€o°TTa fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR: 2100 PG: 1908
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER 4�i Records of Collier
,. A,
County, Florida, within j,f'teen (15) "after execution of
this Agreement by the Cho rhran-w-.-. _ th Board of County
Commissioners.
11. DEFAULT. OAR° sl� bipdefatlt Lo this Agreement
4
(1) where OWNER fail', sell the Dw�,11iBg YUpt in accordance
with the affordable � ' ing stands d ""d qualification
criteria established in th�Y I a Few Qnance and thereafter
n
fails to pay the impact fees deMwthin thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR; 2100 PG; 1909
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
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, W,l� to Otr at the statutory rate
ON
for judgments calculated o s°a calendar da i*is until paid.
IN WITNESS
Agreement for Waiver'of//
above written.
Witnesses:
Print Name
tie"° p'aies 'iav* executed this
ee 'd4te` and year first
Print Nbme rJ, j,fL- t �l.��..:, .►—iJ
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
Idl F.„ s on
Assistant County Attorney
OWNERS:
"V
IMMOKAt9E , ABITAT FOR
HUMAt�Tiii ANC.
Charles C Sm z
, V1 President
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By : L' tr i
ETTY J MATTHEWS, CHAIRMAN
- 5 -
OR: 2100 PG: 1910
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this
day of _ .= , 1995, by Charles C. Smith. vig&
President o Immokalee Habitat for Humanity. Inc. He is personally
known to me.
(NOTARIAL SEAL) S g -nature I .0f Person Taking Ackno ledgment
Name of Acknowledger Typed, Printed or Stamped
!ATNL
r.,A
;C"%v'4 ^.1l IFY
[-NX-(k10Y i�C" t.lC �1.�f8 aFf!t.Ka'A
C MN, 55wi\NO. CC:17o465
CMM1SM UN EXP. MAY 30.1958
dm214
*** OR: 2100 PG: 1911
EXHIBIT "All
Lot 9, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book � �, page _L_1 of the public
Records of collier County,
\ ;
\ , .
� \\
.\<
� � \
\/
( ;
}�
• Leta.
CL111 TO T11 ROAD
IMfl1011IC1 $TI IL001
IIT 1240
1916390 OR: 2100 PG: 1912 ne it, 33.00
IICOIDID in the 0111CIAL UCOIDS of COL1111 C00171, IL COl111 1.00
09/19/95 at 01;31AN DVIGIT I. 610C1, CL111
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this /,2_tZ, day of, 1995, 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 FacilXitl,epact Fee Ordinance; Collier
County Ordinance No. 91 .,F as amend`6'- the Collier County
Emergency Medical S rv;L,System Imp pt Fee Ordinance;
Collier County Ordianoe1�. X92 2 ads am ndod, the Collier
ra
County Road Impact Fee ;(O dinance; ) � ��� er county Ordinance
"\ � x �
No. 92-33, as am d�d,n the Coier City Educational
V ,s
Facilities System Imp&ee Ordinances a'sy may be further
amended from time to times; reinafter :c ectively referred to
as "Impact Fee Ordinance", waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
- 1 -
OR; 2100 PG; 1913
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. 95-�� at its regular meeting
of �� 1995; 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 DESCRIPTIO,?C � description of the
dwelling unit (the "lwl''1°ing Unit") s attached hereto as
Exhibit "A" and incorporat4d 4°re'fer i e hill ce%n.
s �
3. TERM. OWNER arYs,utati` J*ling Unit shall
remain as affordable ho4s,"i "' A sell b o f ed for sale in
accordance with the �ndards set fo h in', appendices to
>.
the Impact Fee Ordinate °dor a period ,of' Ifteen (15) years
commencing from the date tie ��fi�+cf occupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 FG: 1914
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3.929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees ton �th iti affordable housing
o
ON e"
impact dee° waiver qu l"k' cation criteria
detailed yin .tom MImpa J_'�ee O diriance.
5. SUBSEQUENT,TIRAIIS-` P19'�'� �\ \ !,Oa e11the Dwelling
d 5 ,
Unit subject to the; 1',ip t' fed `kxwai'e J' a subsequent
purchaser, the Dwell ,0\Unit shall b /,.soid /on� y to households
meeting the criteria s6�tftorth in the Im Q Fee Ordinance.
6. AFFORDABLE REQUIREIIFl2 e'wllinq Unit must be
utilized for affordable housing_f"orfifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
OR: 2100 PG: 1915
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER 7f1 Records of Collier
County, Florida, within fteen (15) d sfter execution of
this Agreement by the hait�.ww.,.. off, th hoard of County
commissioners.°
E
11. DEFAULT. WNRsrl�e�it"dei�lt� of this Agreement
(1) where OWNER fail P sell the DJs11i g t t in accordance
with the affordable;' �busing standards a.hd qualification
criteria established in Lat Feerhance and thereafter
fails to pay the impact fees cu atiin thirty ( 30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR; 2100 PG; 1916
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
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, .p1 krarhtler m-, a
for judgments calculated o, ,.. a calendar da
IN WITNESS .WHEi1kQF � the'° par`es
Agreement for Waiverkof iipt 3eh
Nf
V
above written.
Witnesses: N''R
1
I MMO"'if
Print Name i t, HUMAN-I'"i
F
44 7IV
Print Na egi.l1t' _ .Y�_ �,c h !�, , �, i.1 B�
DATED:
ATTEST:
DWIGHT E. BROCK,o.Clerk
Approved as to form and
legal sufficiency
r
Hbidi F. Ashton
Assistant County Attorney
the statutory rate
`sis until paid.
executed this
teland year first
}HABITAT FOR
/INC.
c. sm , )Vice. Vresident
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1
BY:
,� �, ✓/
ETTYE J. MATTHEWS, CHAIRMAN
- 5 -
OR: 2100 PG: 1917
STATE OF Florida )
COUNTY OF Collier )
The forgoing instrument was acknowledged before me this
day of �� , 1995, by Charles C. Smith, yice�-
gresident of Ii&okalee Habitat for Humanity. Inc. He is personally
known to me.
[NOTARIAL SEAL] Signature of.Person Taking Acknowl
dW214
Name of Acknowledger Typed, Printed or Stamped
NOTARY PUBLV SPA -M 01
COMMLSS;J:N NO
MYCOMMERMON EW MAY.V,1991
'� aA `�E•"a' a _�
*** OR; 2100 PG; 1918 ***
EXHIBIT "All
Lot 10, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book 'r� i", Page 4.1 of the Public
Records of Collier County.
. Ts ' w C' ..
1916451 OR: 2100 PG: 2112
RICORDID in OIIICIAL RICOIDS of COLLIII COUITI, tL
OV IV 9S at 09:36AX DWIGHT B. BROCK, CL111
RIC I11 33.00
COPIIS 7.00
Retn:
CLIRK TO TH1 BOARD
IITIROPPICI STH ILOOI
AGREEMENT FOR WAIVENT76t
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this/a2�& day of;, 1995, 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
�`the Collier County
County Ordinance No. 91
Emergency Medical S � es System Impact\ Fee Ordinance;
Collier County Ordinance too92 2,s am ndd, the Collier
County Road Impact Fee ,'di�arce,' 11er Clounty Ordinance
`�l ierkL'Cbt niy Educational
No. 92-33, as am 'nddi, ;``
i<
may be further
Facilities System Imp�}c*t,,Fee Ordinance, a t y
amended from time to cs,,l ively referred to
as "Impact Fee Ordinance p.Y "waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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 fee:i, as
established in the Impact Fee Ordinance; and
- 1 -
OR: 2100 PG: 2113
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. 95-,Y--64 at its regular meeting
of 1 1995; 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 DESCRIPTIC3�_,l description of the
dwelling unit (the '!,lalling Unit") attached hereto as
Exhibit "A" and inco apo a pd by-Wrevfezepce�Y er`ein.
3. TERM. OWNER ate.
bs # ening Unit shall
remain as affordably ;t"cus ig a. d all I* 01"1 fired for sale in
accordance with the�ndards set, the iie appendices to
the Impact Fee Ordina(!�pfor a period o fifteen (15) years
commencing from the date ,�e�, f, ate' of occupancy is issued
for the Dwelling Unit.`
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the Impact Fee vrainance anu
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;
- 2 -
OR; 2100 PG; 2114
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3.929.52 , dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees to ccmpj wwi�i�the affordable housing
ON
impact e,, ��' waiver q�if4ication criteria
detailed 1n. the 4 hti 'a-ct"-Tee O d trance.
5. SUBSEQUENT' TAANS1,0jj \ !'\OWNE s=e1I the Dwelling
Unit subject to
� l\, kx waiiver a subsequent
purchaser, the Dwell ,Oq?,, Unit shall b ,,,sald'fly to households
meeting the criteria s�ekorth in the Im"'"ct'„]Pee Ordinance.
Ak
6. AFFORDABLE REQUEh�°��ewel ling Unit must be
utilized for affordable housing-'f6ra fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR; 2100 PG; 2115
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNERsI"i ��fia Records of Collier
County, Florida, withk
this Agreement by /tr
Commissioners.
11. DEFAULT. QWN
(1) where OWNER f a i
with the affordable�j
criteria established in
fteen (15) d"ay�`fter execution of
hrman'"�: th hoard of County
t
r
s
bµ,i deialttf this Agreement
sell the Dwl ln..ir'it in accordance
using standa-'" and qualification
nance and thereafter
fails to pay the impact fees dµTMue___within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR; 2100 PG; 2116
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
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,,-,"", - 0s at the statutory rate
ON
for judgments calculated of a calendar <a b sis until paid.
IN WITNESS/ WH4"the�-'-pAtties, have executed this
Agreement for Waiver o m act-4e(O's,''o'r, \t q fiat'
Ek and year first
`Y { 3
S, 3
above written.
Witnesses: 04 0]0XRS
V' i IMMO L E ,HABITAT FOR
Print f HUMfl
INC.
int Name
Ll' ((` [ of Til !C' } �a~/ — � �, `^ •�. � _
Print Nagle t, r-, ?'/g -1 i
�►r es C. c esident
,r
DATED: /.�, /SSS BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
By
"TTY TTHEWS, CHAIRMAN
Approved as to form and
legal sufficiency
H di -F`. Ashton
Assistant County Attorney
- 5 -
OR; 2100 PG; 2111
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this tea_
day of !ec110 1995, by Charles C. Smith. Vice
President of I okalee Habitat for Humanity. Inc. He is personally
known to me.
[NOTARIAL SEAL] Signat of Person'Taking Ac}dt'lowledgmen
docM
Name of Acknowledger Typed, Printed or Stamped
OFFI'MI-NOIARY FAL
i.
NOrtia•r 11 'r , ' r.A- ;
I
1. Ts ' w.�..-Y' ..
*** OR: 2100 PG: 2118 ***
EXHIBIT "A"
Lot 12, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book •'5 , page g'/ of the Public
Records of collier county.
\ ;
\ , .
� \\
.\<
� � \
91, 11 «
\/
( ;
}�
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this /�� day ofp6cc�_, 1995, 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 Facilit..ies i-mpagt Fee Ordinance; Collier
County Ordinance No. 9-�7r �Tas ainedhe Collier County
Emergency Medical S0rv�-Ces__._,System Imp ct Fee Ordinance;
Collier County Orair an0ie No _,9, 2, as amended, the Collier
IF x ^n'm a �^ ,• k x
County Road Impact leeOrdihar c' a� l er Cbunty Ordinance
4 k
R, laE
� ° fah x � 3 �.� � �
No. 92-33, as amended` " t�`tre" 1ie�� �Co my Educational
Facilities System Impi � >Fee Ordinanc �j as r Y may be further
amended from time to ti a ,,,hereinafter co eEtively referred to
as "Impact Fee Ordinance" Waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
1916452 OR: 2100 PG: 2119
RICORDID in 011ICIAL RICORDS of COLLUR COUNTY, 1L
09119,195 at 09:36Ax DWIGHT I. BROCI, CLIA
RIC 111 33.00
COIIIS 1.00
Reta:
CLIRI TO THI BOARD
INTIROIIICI STH 1LOOR
1 _ IIT 7240
OR; 2100 PG; 2120
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. 95-2L6Z at its regular meeting
of �u-Y, /� 1995; 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 DESCRIPTI(3N� �Ja� description of the
dwelling unit (the "Owing Unit") i 1attached hereto as
Exhibit "A" and incoroorted alt ref°eref�Fe he,eii.
3. TERM. OWNER au.rges€ta st�+dlling Unit shall
� � �
remain as affordablelt;s°a a sl bey offj
ed for sale in
accordance with the ,i�44dards set fo�',Ah in'�h6 appendices to
the Impact Fee Ordinance' 'for a perioeen (15) years
commencing from the date ietiefoccupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 2121
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3,929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
IR
agrees tos,d..bih affordable housing
ON
impact a °e waiver quAl tion criteria
detailed fn,t-,he,,,Impact ,Fee Or Z-11xinance.
5. SUBSEQUENT TRAMS 1,f� WJ�R��ell� the Dwelling
Unit subject to t
to"
Unit wane tom' a subsequent
purchaser, the Dwelli�o?�°Unit shall be�'o]d �oy to households
meeting the criteria se loth in the ImptsFee Ordinance.
6. AFFORDABLE REQUtk r�� Dw lling Unit must be
utilized for affordable housing for a fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR: 2100 PG: 2122
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER irr %�*l Records of Collier
ON
County, Florida, within fifteen (15) da" iter execution of
this Agreement by the, hires, 011 th� 69ard of County
Commissioners.;` ;.
x fi
11. DEFAULT. QWN_
R is Al b 1 de lt` f this Agreement
(1) where OWNER failo�'�to sell the Dw191ll gaUnit 1n accordance
4:e
with the affordable 1\,Tidgsing stands s id qualification
criteria established inl$"act .Fee Onance and thereafter
fails to pay the impact fees dire- -1-i"i'in thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 2123
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
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,"",' �� ins -at the statutory rate
for judgments calcul ted O a calendar d ',X --basis until paid.
IN WITNESS
Agreement for Waiver' of Imptatt
above written.
d 3
�� Y
4�
°
Witnesses:
Print Name,
0°
Print NaM6 m,,ik-dr
r j_4,.,j, A,,,, i,i
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
4 : / - ?, V, L'� . - , ,q
Approved as to form and
legal sufficiency
r-
�.I
He idi F . Ashton
Assistant County Attorney
ies ha !e executed this
tt e 'c ate and year first
OWE RS t
F
I MMOkkILE',„. HABITAT FOR
HUMAN 4,INC.
�rles C.t , Vic President
I \ _ 1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
13y: 51X4
,BETTYE TTHEWS, CHAIRMAN
- 5 -
OR; 2100 PG; 2124
STATE OF Florida )
COUNTY OF (`bier )
The foregoing ingtrument was acknowledged before me this
day of e -'T � , 1995, by Charles C. Smith. Vi ec
President of Imm kalee Habitat for Humanity. Inc. He is personally
known to me.
[NOTARIAL SEAL] Signature of Person Taking Acknowl
doc214
Name of Acknowledger Typed, Printed or Stamped
L�jTln►.i't: .!< _l.� Fr1.0xm.
11"L1CC.'.;'cAviY C().N!'XY.
'"`*nx. } ^ys �i j$� .�' •mom%
*** OR: 2100 PG: 2125 ***
EXHIBIT "A"
Lot 13, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book -� 5- , Page e' , of the Public
Records of Collier County.
I
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this /2� day of< c Z1, 1995, 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 act Fee Ordinance; Collier
v �
County Ordinance No. 9147s amendt the Collier County
� xW
Emergency Medical Sorv�-Ces .„System Imp pt Fee Ordinance;
Collier County Ordinanc11 e No 22 , as amended, the Collier
County Road Impact Fee ',Ordinanc4, � �� � l�ier County Ordinance
° I fah � �
No. 92-33, as am 1�d, " t'h , ie �C#finIy Educational
Facilities System ImpA a,,Fee Ordinance s icy may be further
amended from time to time!� Alereinafter Go edtively referred to
as "Impact Fee Ordinance pY�vers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
1976453 OR: 2100 PG: 2126
RICORDID in OPPICIAL RECORDS of COLLAR COU1?T, IL
09119195 at 09:36AN DVIGH? 1. BROCK, CLIRK
RIC ill 33.00
COPI13 1.00
- 1 -
Reto:
CLERK TO THI BOARD
IYTIROPPICI 5TH FLOOR
IIT )210
OR: 2100 PG: 2121
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. 95-,1-4Fat its regular meeting
of , 1995; 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 T 0,11,, description of the
dwelling unit (the "Dw l itg Unit") � � -tacked hereto as
Exhibit "A" and incorpora rid by M°zeferepce horei\p.
ll n Unit shall
3. TERM. OWNER t o 4,6 t� D g
remain as affordable) ho`�sng nc .si b (offered for sales in
accordance with the st�,Andards set forth in Effie appendices to
the Impact Fee Ordinano "Jor a perio"J"Iteen (15) years
commencing from the dates rtf�.oat ccupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR; 2100 PG; 2128
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3,929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees tocmI wat°tbe affordable housing
impact e,, waiveralication criteria
detail, ir►� tie 41mpac�tf =Fee dinance.
ed
5. SUBSEQUENTx�f'3 e11s the Dwelling
Unit subject to fie x wavr tb a subsequent
purchaser, the Dwells", Unit shall b, scald' g to households
meeting the criteria stfprth in the Im3,`Fee Ordinance.
1Ak
6. AFFORDABLE REQUR��� '"�'�'1
Melling Unit must be
utilized for affordable housing for�a fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
S. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR; 2100 PG; 2129
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER 1iRecords of Collier
County, Florida, within (teen (15) d�-fter execution of
this Agreement by ,"the irmart th oard of County
Commissioners.u'
11. DEFAULT. )W �R� s 4,l bb i`� de a� It ppf this Agreement
(1) where OWNER f a i l ,oto se l l the Dw* l i ng ., Un;it in accordance
with the affordable�I�h6using stand'aX-00 nd qualification
s
criteria established in the Imact Feed Q�cnance and thereafter
fails to pay the impact fees c e%- in thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 2130
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
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,
for judgments calcula
IN WITNESS / WH
Agreement for Waiver/o
above written. 3
Witnesses:
Print Name
Print NcoexJ1,11elle
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
�901111W
RIA
iwr i
Approved as to form and
legal sufficiency
Heidi F. Ashtoft
Assistant County Attorney
uitebtr Sat the statutory rate
a calendar da�ais until paid.
F. _ the"-'-r--&kties Nhavie executed this
and year first
OWI S
IMMOKK. tdABITAT FOR
HUMA11
M
Charles C. S th, Vice resident
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Q '
By; - G_-_
- 5 -
TTHEWS, CHAIRMAN
OR: 2100 PG: 2131
STATE OF Florida
COUNTY OF Collier
The foregoing instrument was acknowledged before me this
day of 0 1995, by Charles C. Smith.,-Ye
President of Immokalee Habitat for Humanity. Inc, He is personally
known to me.
[NOTARIAL SEAL)
doc214
gnature-,,6f Person Taking
t
Name of Acknowledger Typed, Printed or Stamped
MOT AK 11 iile SrAlF. OF P-CAIPA
IS&ON NO. i
NJY COMMLIbION EXP. NLAYXI)OV4
� \ \� � S � � �
- 6 -
M
*** OR; 2100 PG; 2132 ***
EXHIBIT "A"
Lot 14, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book ", , Page e -'l_ of the Public
Records of Collier County.
1. Ts ' w.ti„Y' ..
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this �.A-day or40 , 1995, 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:
WHEREP.S, 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 Facilitiesa. p.act Fee Ordinance; Collier
U4{
County Ordinance No. ' "ate arrene`,�the Collier County
Emergency Medical Si�-ry des System Imp ct Fee Ordinance;
Collier County Ordinance No 19zr2�2, a amrnd6d, the Collier
County Road Impact Free fOpdi � ce, 4, 4n' �e County Ordinance
No. 92-33, as am`r,~" tt llioty Educational
Facilities System Imp44 Fee Ordinance4aoy may be further
amended from time to ti r hereinafter csiectively referred to
A
as "Impact Fee Ordinance", ivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
1976454 OR: 2100 PG: 2133
RICORDID in 011ICIAL RICORDS of COLLIER COUNTY, PL
09/19/95 at 09:36AX DWIGHT I, BROCI, CLIRI
RIC !II 33.00
COPIES 7.00
Retn;
CLERK TO TBI BOARD
INT1101dIC1 5TH ILOOR
1 _ SIT 7240
OR; 2100 PG; 2134
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. 95 -,Z2e at its regular meeting
of , 1995; 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 DESCRIPTIott CU. e description of the
dwelling unit (the "Dw+l°ung Unit") itached hereto as
�reWoma
Exhibit "A" and incorporAtdd by ref ce he, ei`p.
3. TERM.
remain as affordable
accordance with the
the Impact Fee Ordina
1
lards set foto
or a period
commencing from the date tlb drYf;�ae
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES.
warrants the following:
ll�ng Unit shall
to ed for sale in
li..'thee appendices to
,f,„isfteen (15) years
occupancy is issued
OWNER represents and
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
OR; 2100 PG; 2135
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3.929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees to corp � %, ie affordable housing
impact waiver It ,cation criteria
detailed a"n'-the-Mlwmmpa,c.t,,smF'ee O dit ance.
5. SUBSEQUENT, TERr t7, lls the Dwelling
1 11 , J
t
Unit subject to h mp c ` f �, wauIre { to a subsequent
purchaser, the Dwell` Unit shall bsoid "-A ly to households
meeting the criteria s'�te forth in the iri dt ee Ordinance.
6. AFFORDABLE REQU * -,NT, ling Unit must be
ry
utilized for affordable housing fir a`fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR: 2100 PG: 2136
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNERi ?~f11,c`-al Records of Collier
County, Florida, within fifteen (15) 8[AV
this Agreement by the,' 'Ch irmanw--o,fa= t
Commissioners.
11. DEFAULT.
(1) where OWNER f a i l s`,t
with the affordable
criteria established in
de
sell the Dwlli
ing sta
er execution of
and of County
t�
,pfli this Agreement
in accordance
i,hd qualification
nce and thereafter
�.r �
fails to pay the impact fees dire— ithin thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 2137
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
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, p �u=vi at the statutory rate
�x
for judgments calculatedcacalendar sis until paid.
IN WITNESS /'H 2 QF w --the,--.patties ha'±e executed this
11
Agreement for Waiver=" off Ilt3'e n� ,'date and year first
above written.
Witnesses: ` OW1,�RS
V
IMMdXAL F BITAT FOR
Print Name � HUMAN,I"�rINC.
Pring Na;de
i� M:i h � r1c LJ,,.. c,,�: �t, 1
r s C. Rice resident
DATED:c-4
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
d(vy't,
Heidi F. -Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
i
B y : c -j
- 5 -
ETTYEIJ V MATTHEWS, CHAIRMAN
STATE OF Florida )
COUNTY OF Collier )
The fox
day of lc!
President of
known to me.
(NOTARIAL SEAL]
d"214
OR: 2100 PG: 2138
ing instrument was acknowledged before me this
r--- , 1995, by Charles C. Smith.vice
mokalee Habitat for Humanity. Inc. He is personally
Name of Acknowledger Typed, Printed or Stamped
UFFMA—f. NOTARY SEAL
)OA.\NF OALBEY
NMARY M-BLIC STATE OF FLORID.%
COMMISSION NO, CC376W,
MY COMMISSION EXP. MAY 10,19 d
'� aA `�E•"a' a _�
=4W
*** OR; 2100 PG; 2139 ***
EXHIBIT "A"
Lot 15, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book -;?5"., Page E ' of the Public
Records of Collier County.
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this /,_b& -day o 1995, 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
»T ��;
� �
County Ordinance No. 91 `11 -----,am d,,`, the Collier County
Emergency Medical Seri-.c'es System Im"p c Fee Ordinance;
Collier County Ordi.nanc;e 140`-92 ,22, s am ncd, the Collier
County Road Impact deebd
6' 1Leer County Ordinance
A i 8 Pk 3
No. 92-33, as am n edy o ie LC6uhty Educational
Facilities System ImptFee Ordinance a fey may be further
amended from time to ti ,a`hereinafter c l ively referred to
as "Impact Fee Ordinance' Iyrd-M11 " ers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
1976456 OR: 2100 PG: 2147
RICORDID In OFFICIAL KICORDS of COLLAR COUNTT, FL
09(19;95 at 09:36AN DWIGHT L BROCK, CLIRK
RIC F11 33.00
COPIIS 7.00
Retn;
CLIRK TO THI BOARD
INTIROFPICK STN FLOOR
BIT 7210
- 1 -
OR: 2100 PG: 2148
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. 95-J%/ at its regular meeting
of • �� , 1995; 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 DESCRIPTIO,N he �; Ing l, description of the
74,
ba
dwelling unit (the "Ow lohg Unit")i �ached hereto as
t
Exhibit "A" and incoror"tiy-'ref npe h � e%n .
3. TERM. OWNERgreti �eling Unit shall
remain as of fordablel ,�hOlgs,' handsel l be of`tp,,red for sale in
9 .
accordance with the aandards set foh in.`t,44a appendices to
,. >.
the Impact Fee Ordinar�c�y,for a periodof lfteen (15) years
�a �
commencingfrom the date rt a occupancy is issued
for the Dwelling Unit.`
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 2149
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3.929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees to cm w t affordable housing
impact fly° waiver qualification criteria
detailed ifi the Imps ct "f`ee ordinance."
5 . SUBSEQUENT ? TR}.NSF� €: I f JI aI
is the Dwelling
4xdk { E
Unit subject to thie ), ,,ii aiv rk:, t a subsequent
purchaser, the Dwelliri �Onit shall be "'sold 1 to households
meeting the criteria sett tO' c�tth in the ImpaFl&e Ordinance.
f-7
6. AFFORDABLE REQUIMling Unit must be
utilized for affordable housing for aTTfifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR: 2100 PG: 2150
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER (Qfl Records of Collier
ON
County, Florida, within -fteen (15) as 'after execution of
this Agreement by the Chairiwanw-_ pf-, th Board of County
t
Commissioners.111
`e`
' 'i I de qe It ro E this A reement
11. DEFAULT.WiR=, still be ( g
(1) where OWNER fails sell the Dw elling /U-K�t in accordance
""O"r , ,.
with the affordable J.iusing stand, rds ` hd qualification
criteria established in Ippact .Fee d„ance and thereafter
fails to pay the impact fees -`due --within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 2151
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
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, Y
pin gat the statutory rate
for judgments calculated a calendar dNa'y=bsis until paid.
IN WITNESSI W1jMEQF, 4`th°e---pia ties have executed this
Agreement for Waiver of mind67 dateand year first
above written. 3• °
Witnesses: O
1 41IMMOCAL�EiABITAT FOR
Print Name _ HUMAI�'fY INC C.
Print Na a M,. uc c..� .., , A.- o
C le mitjx, ice President
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
Hei 1 F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Ely:
ETTYE J., MATTHEWS, HAIRMAN
- 5 -
OR; 2100 PG; 2152
STATE OF Florida )
COUNTY OF Collier
The foregoing instrument was acknowledged before me this .,__
day of X.L , 1995, by Charles C. Smith._Vice
President oImmokalee Habitat for Humanity. Inc. He is personally
known to me.
t
[NOTARIAL SEAL] Signure of Person Taking AqKnow
doc214
Name of Acknowledger Typed, Printed or Stamped
.
LBFY
EM
PI-131.1CT OF FLORIDA
_ CLA764t51' MAY' — 1998
3C'-� rr
ty
I�',«.+ k'�'
'� aA `�E•"a' a _�
'O r ,
*** OR: 2100 PG: 2153 ***
EXHIBIT "A"
Lot 17, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book L,L, Page of the Public
Records of Collier County.
kul
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this /5?1!�- day of, 1995, 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 Facilitje-s irmpact Fee Ordinance; Collier
County Ordinance No. 91" e ,-,;vthe Collier County
Emergency Medical Sorvi es System Imp ct Fee Ordinance;
Collier County Ordinance No �9� 2, as am nd�d, the Collier
County Road Impact Flee �Jio> diiianc�; Cc 1 Vie* County Ordinance
14
\ «.,: ^'
No. 92-33, as ame i , "' thb-1 C .ieEducational
Facilities System Impa'q Fee Ord inanc°+" -,as y may be further
amended from time to tihe
reinafter coetively referred to
as Impact Fee Ordinance","prd� waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
1916451 OR; 2100 PG; 2154
RICOVID in OFFICIAL RHOIDS of COLLIIR COURT, FL
09119/95 at 09:36AN DWIGHT I. BROCI, CLIRI
RIC FII 33.00
COe113 1.00
Retn:
CLIRI TO THI BOARD
IRTIROFFICI 5TH FLOOR
BIT U10
- 1 -
OR: 2100 PG: 2155
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. 95-Z-/2- at its regular meeting
of 1 1995; 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 DESCRIPTIP,11`� .{g -al description of the
dwelling unit (the " � fng Unit") "< 11It ached hereto as
Exhibit "A" and incorport'd by4'-referepnce hren.
3. TERM. OWNER aq 9 ell;ing Unit shall
e
remain as affordabl�.hui, r}d `tll e ofe.red for sale in
�,. =
1 zj
accordance with the ndards set faith in tthe appendices to
"r 1
the Impact Fee Ordina i ee,,Jor a period bf ` 'f teen (15) years
commencing from the datee drt�fica� occupancy is issued
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 2156
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3,929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees to p;y Ah affordable housing
impact e waiver qltuu11-f c a t 1 o n criteria
detailed ,in _,,tome tZpact J17,�ee Or ihance.
t
5. SUBSEQUENTTRANS R dells the Dwelling
Unit subject to ti°tom w a i'l e i toa subsequent
purchaser, the Dwell r, \Unit shall b�kq-sold Y'o ly to households
meeting the criteria s6,tlforth in the Im rt, Fee Ordinance.
6. AFFORDABLE REQU`1 ing Unit must be
utilized for affordable housing ior'a fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR: 2100 PG: 2151
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER _11,11� Records of Collier
County, Florida, withinfteen (15) d=after execution of
this Agreement by ,the,/'
Commissioners. b`/.",
11. DEFAULT.
the' Board of County
def 41t°this Agreement
(1) where OWNER failssell the Dwlir�gixrlt in accordance
o
with the affordable housing standat& ,.a/d qualification
criteria established in the Im t �e 'd Nance and thereafter
,
fails to pay the impact fees due' within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 2158
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
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,
for judgments calcula
IN WITNESS
uw T'no ,a t the statutory rate
'j
a calendar ,"basis until paid.
Agreement for Waiver=
d3
4t Y
above written.
Witnesses:
Print Name
Pri t NaAfe N«i�
DATED: 'i /'z, / 9 SS"
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency
t ,
Heidi F. Ashton
Assistant County Attorney
parties hae executed this
;t
' -�'4 `'e'eats and year first
i
,.w
\ L4 c
OWURS
IMMO A E, rF ABITAT FOR
HNC.
Cb
es C. Sm h, ice esident
r
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BETTYEYMATTHEWS, CHAI
- 5 -
OR: 2100 PG: 2159
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this ,`,
day of Z- 7 , 1995, by Charles C. Smith, Vice
President of mmokalee Habitat for Humanity, Inc. He is personally
known to me.
[NOTARIAL SEAL] Signature of Person Taking Acknow
- r
docM
Name of Acknowledger Typed, Printed or Stamped
OMMM'.
VC AM 1T:'1,N. ;VAI Iii i'LORIDA.
NO CC,74-411
mYCi;1lM!55iC�`11�f'. 1:4Y30.:1��
} te...
^y
$ Y y
a ! Y } j
*** OR: 2100 PG: 2160 ***
EXHIBIT "A"
Lot 18, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book a , Page iL of the Public
Records of Collier County.
. Ts ' w C' ..
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this /,?Z;i- day of1995, 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 Facilit„,ea--Impact Fee Ordinance; Collier
v )r
County Ordinance No. 9 -s ae Collier County
Emergency Medical Sety t6es System Imp ct Fee Ordinance;
Collier County Ordinance No 92 2, as am nd d, the Collier
County Road Impact Fee 10rfdih�ar co, 1 � c 1 er County Ordinance
No. 92-33 astie3ie�oty Educational
�?n�d
Facilities System Imphc Fee Ordinamay be further
amended from time to ti ,hereinafter co ectively referred to
as "Impact Fee Ordinance",”pfd' ..waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
1916458 OR: 2100 PG: 2161
RICORDIO in OFFICIAL RICORDS of COLLLIR COOI?T, FL
09!19,195 at 09:36AK DWIGHT 6. BROCK, CLIRI
RIC FII 33.00
COFIIS 7,00
Retn:
CLIRK TO THI BOARD
IITIROFFICI 5TH FLOOR
11? 7210
- 1 -
OR: 2100 PG: 2162
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. 95-Si.4 at its regular meeting
of l.2 , 1995; 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 pkv ilia-, 1 g description of the
dwelling unit (the "Dweling Unit") 1so
=ttached hereto as
Exhibit "A�� and incorpporat'O b
y'-r..�,gnce h rein.
� r
3. TERM. OWN ER? , � ���" ���` ���the�lling Unit shall
remain as affordabl' us r r d h 11 e o ag ed for sale in
accordance with the \�andards set f�q,th ire appendices to
the Impact Fee Ordina,#04 ,for a period pf i°cfteen (15) years
commencing from the date the$"ce t 1 -fl t f occupancy is issued
F
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 2163
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3,929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees to cop��� affordable housing
impact waiver quafcation criteria
detailed in °th��Impa°Ot :Fee Or in�nce.
5. SUBSEQUENT '$ T�JS €3 sW�R e'11 the Dwelling
�, { j
Unit subject to tt ic: eµ„aaieoa subsequent
k
purchaser, the Dwe11i�1nit shall be�'old,Y to households
meeting the criteria serth in the Imptsee Ordinance.
6. AFFORDABLE REQUI°RE�T Idling Unit must be
utilized for affordable housing for aTT fifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR: 2100 PG: 2164
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER ln' t. ziR 6filt, Records of Collier
County, Florida, withir'�
e
this Agreement by thea.'
Commissioners. It
11. DEFAULT.
(1) where OWNER fail
with the affordable
criteria established in t
een (15) da 's)-4 ter execution of
airman w.,.. ofa, the\ Board of County
def" t `p�fjlthis Agreement
sell the Dw4li
kip ing stan
4bAt in accordance
and qualification
ce and thereafter
fails to pay the impact fees 'dud—within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 2165
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
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
i s"{
enforcing this agreement, u v �e"tx°at the statutory rate
for judgments calculated(p a calendar day ba is until paid.
IN WITNESS 'WHZREOF�„ the ..... parties have executed this
�N R
Agreement for Waiver1 of/, Y tr'e � n","4 h tel and year first
r
vi �
above written.; .,: =h
��� � —L
Witnesses: OWNOS
IMMOK.ALE�TABITAT FOR
t� , ,
Print Name i `. ,, HUMA INC.
Print NAme �+�< ►,.•,� : t.. 1. �„ . ,. i L C} f
�Charles C. Smi ice President
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
i ,t
Approved as to form and
legal sufficiency
eidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
BETTY MATT/HEWS, CHAIRMAN
- 5 -
OR: 2100 PG: 2166
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this;^
day of / � 4 ___ 1995, by Charles C. Smiths Vig
preaidept Immokalee Habitat for Humanity. Inc. He is personally
known to me:
(NOTARIAL SEAL) Signature'df Person Taking AcknoVledgment
1.
doc214
Name of Acknowledger Typed, Printed or Stamped
!DIY E;P. MAY 30 1996
L 4iy"
1. Ts ' w.ti„Y' ..
*** OR: 2100 PG: 2167 ***
EXHIBIT "A"
Lot 19, Highlands Habitat Subdivision,
according to the plat thereof, recorded in
Plat Book ��, Page / of the Public
Records of Collier County.
AGREEMENT FOR WAIVER OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into
this/qday ofd0:L_, 1995, 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 Facilits-Impact Fee Ordinance; Collier
County Ordinance No.'_j1r as am the Collier County
Emergency Medical e ylce __System Im act Fee Ordinance;
Collier Count Ordihance No x,,92 2�s aenced, the Collier
fl
County Road Impact Feet Ordi)►alnc�e;a,� lir bounty Ordinance
.�
No. 92-33, as a*ii�ndeci, tiie C Ity Educational
Facilities System Imps ,Fee Ordinan'* b y may be further
amended from time to tf*_'].#0 reinafter l ctively referred to
as Impact Fee Ordinance", pbrieor waivers of impact fees
for new owner -occupied dwelling unit qualifying as affordable
housing; and
WHEREAS, OWNER has applied for a waiver of 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 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
1916459 OR: 2100 PG: 2168
RICORDID in OFFICIAL RICORDS of COLLIIR COUNTY, FL
09/19195 at 09:36AN DWIGHT L BROCL, CLIRI
RIC FII 33.00
COPIIS 1.00
Reto:
CLLR[ TO THB BOARD
IWTBROFFICB STH FLOOR
aIT 1240
- 1 -
OR: 2100 PG: 2169
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. 95-�/S/ at its regular meeting
of , 1995; 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 DESCRIPTIO°Jegrl „ description of the
dwelling unit (the "Leing Unit") i's -attached hereto as
Exhibit "A" and incor,,poret6,d ;4y r6-'f'e-rdhce h red n.
JJ
3. TERM. OWNER1 4 e t lt, the elling Unit shall
�EYE
4�A
remain as affordable r4i
,,,kld sh�ll be , o fe ed for sale in
accordance with the pta,pdards set fdVIpth irk'' tt�e appendices to
>.
the Impact Fee Ordinal e�\for a period orf ,fifteen (15) years
commencing from the date tie Ice t f t ' f occupancy is issued
.µTM.,.
for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and
warrants the following:
a. The Dwelling Unit shall be sold to a household
with a very low income as defined in the
appendices to the 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;
- 2 -
OR: 2100 PG: 2170
b. The Dwelling Unit shall be sold to a first-time
home buyer;
C. The Dwelling Unit shall be the homestead of
owner;
d. The Dwelling Unit shall remain as affordable
housing for fifteen (15) years from the date the
certificate of occupancy is issued for the
Dwelling Unit; and
e. OWNER is the owner of record of the Dwelling
Unit and owes impact fees in the total amount of
$3.929.52 dollars pursuant to the Impact Fee
Ordinance. In return for the waiver of the
impact fees owed by OWNER, OWNER covenants and
agrees to ciwL e, affordable housing
r,...
._
ON
impact f�:a waiver qufcation criteria
detailed ih the Impact Pbe Or�din*nce.
5. SUBSEQUENT d'$TRAN O' f-\ ft' J4'R ll 1s the Dwelling
Unit subject to th(Ap* e raide,, t a subsequent
purchaser, the Dwelliny,Vnit shall beIyo 1 d ,*nly to households
meeting the criteria sed",Ifo°rth in the I Ordinance.
6. AFFORDABLE REQUfMt "%pr lling Unit must be
utilized for affordable housing for aTTmfifteen (15) year period
after the date the certificate of occupancy is issued; and if
the Dwelling Unit ceases to be utilized for that purpose during
such period, the impact fees shall be immediately repaid to the
COUNTY.
7. LIEN. The waived impact fees shall be a lien upon
the Dwelling Unit on the effective date of this Agreement;
which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the
Agreement requirements and fifteen (15) years after the date of
issuance of the certificate of occupancy, or upon payment of
the waived impact fees, the COUNTY shall, at the expense of the
COUNTY, record any necessary documentation evidencing the
- 3 -
OR; 2100 PG; 2171
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.
10. RECORDING. This Agreement shall be recorded by OWNER
at the expense of OWNER�h� �0al Records of Collier
ON
County, Florida, within",'e f een (15) " ,fter execution of
this Agreement bythe hairman o€ th Board of County
Commissioners.3~ °",
F
11. DEFAULT. R° shall `be t de Olt ,of this Agreement
{�
(1) where OWNER faii�,,,to sell the D�lling ��it in accordance
a
with the affordableusing standards d qualification
;" 4h
�,
�
J .s
criteria established in Iact Feelfiance and thereafter
fails to pay the impact fees-dueM-within thirty (30) days of
said non-compliance, or (2) where OWNER violates one of the
affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the
violation.
12. REMEDIES. Should the OWNER of the property fail to
comply with the said qualification criteria at any time during
the fifteen (15) year period or should OWNER violate any
provisions of this Agreement, the impact fees waived shall be
paid in full by OWNER within thirty (30) days of said
non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the
effective date of this Agreement and continuing for fifteen
(15) years from the date of issuance of the certificate of
- 4 -
OR: 2100 PG: 2172
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
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, ,pauv iatt At the statutory rate
ON
for judgments calculated 8'n a calendar da,, until paid.
IN WITNESS"WHERE Mthe ..° patiesae executed this
Agreement for Waiver,°k of /A ptr"Fde`
d � �
above written. n
Witnesses: O
Print Name t > H
e
Print Namb M,,rle,ir
DATED:9S-
ATTEST:
DWIGHT E'. BROCK, Clerk
Approved as to form and
legal sufficiency
Ji HeiAs ton
Assistant County Attorney
tel' and year first
KOKA EF FfABITAT FOR
KA1I °"INC.
3rles C. Smtce,$resident
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
C.�
By: C
ETTYE TTHEWS, CHA RMAN
- 5 -
OR: 2100 PG: 2113
STATE OF Florida )
COUNTY OF Collier )
The forggoing instrument was acknowledged before me this
day of 4. , 1995, by Charles C. Smith. V �
President of,f mokalee Habitat for Humanity, Inc. He is personally
known to me.
[NOTARIAL SEAL)
doc214
Name of Acknowledger Typed, Printed or Stamped
Y PL ('iAC 31 Au. of FLORIDA
ML00N NO. M-146;
kiY CC MM.;sfoV LXP MA'T 30A49r1,
{ �i.,
C7-2-1
no
s }
E j$ t
- 6 -
**# OR: 2100 P§| 2174 **$
EXHIBIT "As'
Lot 20, Highlands Habitat Subdivision,
according to _the plat thereof, recorded in
Plat Book,2;_, page � /. of the public
Records of collier county.
\ ;
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