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Agenda 09/26/2017 Item #16D 609/26/2017 EXECUTIVE SUMMARY Recommendation to approve a Release of Lien to combine release of nine separate liens with one developer for a combined amount of $36,448.14 for properties developed by Habitat for Humanity of Collier County, Inc. that have remained affo rdable 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 Habitat for Humanity of Collier County, Inc. associated liens that have met their 15-year affordable housing obligation. As such, Release of Lien is required. Approval of these items will authorize the Chairman to sign the aforementioned Release of Lien, and the executed document shall be recorded in the Public Records of Collier County, Florida at the cost of the County. Legal Description Resolutio n # BCC Approval date IF Lien (OR/Pg ) CO date 15-year affordability end date IF Amount Seminole Block A Lot 6 99-125 02/23/99 16A4 2518/961 2/23/2000 2/23/2015 $ 3,929.52 Seminole Block A Lot 28 99-126 02/23/99 16A4 2518/968 4/13/2000 4/13/2015 $ 3,929.52 Seminole Block A Lot 29 99-127 02/23/99 16A4 2518/975 4/13/2000 4/13/2015 $ 3,929.52 Seminole Block B Lot 7 99-128 02/23/99 16A4 2518/982 4/20/2000 4/20/2015 $ 3,929.52 Seminole Block B Lot 8 99-129 02/23/99 16A4 2518/989 4/20/2000 4/20/2015 $ 3,929.52 Seminole Block B Lot 32 99-132 02/23/99 16A4 2518/1010 5/26/2000 5/26/2015 $ 3,929.52 Seminole Block A Lot 10 99-438 12/14/99 16A4 2622/664 8/25/2000 8/25/2015 $ 4,290.34 Seminole Block B Lot 12 99-439 12/14/99 16A4 2622/671 8/25/2000 8/25/2015 $ 4,290.34 Seminole Block B Lot 25 00-43 02/08/00 16A6 2640/831 8/25/2000 8/25/2015 $ 4,290.34 Total $ 36,448.14 FISCAL IMPACT: There is no fiscal impact associated with the Release of Lien. The $18.50 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 16.D.6 Packet Pg. 1666 09/26/2017 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 $36,448.14 for nine properties developed by Habitat for Humanity of Collier County, 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- Seminole Habitat.doc (PDF) 2. [Linked] Impact Fee Agreements Seminole for 09.12.17 BCC Mtg (PDF) 3. Seminole Back up materital (XLSX) 4. BCC Agenda 08.03.99 Item 16A14 page 6 (PDF) 5. BCC Agenda 02.23.99 Item 16A4 page 7 (PDF) 6. BCC Agenda 12.14.99 Item 16A4 page 9 (PDF) 7. BCC Agenda 02.08.00 Item 16A6 page 8 (PDF) 16.D.6 Packet Pg. 1667 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.6 Doc ID: 3468 Item Summary: Recommendation to approve a Release of Lien to combine release of nine separate liens with one developer for a combined amount of $36,448.14 for properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period set forth in the State Housing Initiatives Partnership (SHIP) Impact Fee p rogram deferral agreements. Meeting Date: 09/26/2017 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 07/03/2017 9:57 AM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 07/03/2017 9:57 AM Approved By: Review: Public Services Department Joshua Hammond Additional Reviewer Completed 07/05/2017 7:44 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 07/05/2017 10:11 AM Community & Human Services Leslie Davis Additional Reviewer Completed 07/05/2017 10:26 AM Community & Human Services Lisa Carr Additional Reviewer Completed 07/05/2017 10:43 AM Community & Human Services Kristi Sonntag Additional Reviewer Completed 07/12/2017 4:18 PM Public Services Department Kimberley Grant Additional Reviewer Completed 08/10/2017 11:12 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 08/13/2017 6:36 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 08/14/2017 6:08 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/14/2017 3:45 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/17/2017 9:29 AM Grants Erica Robinson Level 2 Grants Review Completed 08/22/2017 3:50 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/23/2017 8:57 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/23/2017 9:40 AM Budget and Management Office Ed Finn Additional Reviewer Completed 08/24/2017 10:56 AM Grants Therese Stanley Additional Reviewer Completed 08/25/2017 2:33 PM 16.D.6 Packet Pg. 1668 09/26/2017 County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 08/27/2017 9:33 AM Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 16.D.6 Packet Pg. 1669 Prepared by: Wendy Kl opf Collier County Commun ity & Human Services Division 3339 E. Tarn iarni Trail , Building H , #211 Naples, FL 34112 THIS SPACE FOR RECORDING RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS : That Collier County, whose post office address is 3299 E. Tamiami Trail, Naples, Florida 34112, the owner(s) and holder(s) of a certain Impact Fee Waiver Agreements executed by Habitat for Humanity of Collier County, Inc. to Collier County, having met the 15 year affordability housing obligation associated with the $36,448.14 of SHIP Impact Fee Waivers , of which is hereby acknowledged does remise, release, quitclaim, exonerate and discharge from the lien and operation of the said agreement, that certain portion of the premises conveyed by said lien, more particularly described as follows : See Exhibit A The undersigned is authorized to and does hereby release these Liens with respect to the above- named properties, and consents to these Liens being forever discharged of record with respect to said properties. This Release of Lien was approved by the Board of County Commissioners on - ----------' 2017 , Agenda Item Number ____ _ ATTEST: DWIGHT E . BROCK, CLERK By: _________ _ , DEPUTY CLERK Approval for form and legality : Jennifer A . Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PENNY TAYLOR, CHAIRMAN 16.D.6.a Packet Pg. 1670 Attachment: Release of Lien- Seminole Habitat.doc (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) EXHIBIT A BLOCK A, LOTS 6, 10, 28 & 29 AND BLOCK B, LOTS 7, 8, 12 , 25 & 32, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 15 year Lien Impact Fee BCC Approval CO date affordability Legal Description Folio (OR/Pg) Amount date/Item# end date 02 /23 /99 l 6A4 02 /23 /00 02/23 /15 Lot 6 , Block A, Seminole 73180140008 2518/0961 $ 3,929.52 02 /23 /99 16A4 04/13 /00 04113 /15 Lot 28, Block A, Seminole 73180600001 2518/0968 $ 3,929 .52 02 /23 /99 16A4 04 /13 /00 04/13/15 Lot 29, Block A, Seminole 73180620007 2518/0975 $ 3,929.52 02/23 /99 l 6A4 04/20/00 04/20 /1 5 Lot 7, Block B, Seminole 73181000008 2518/0982 $ 3,929.52 02 /23 /99 16A4 04/20/00 04/20/15 Lot 8, Block B, Seminole 73181040000 2518/0989 $ 3,929.52 02 /23 /99 I 6A4 05 126 100 05 /26/15 Lot 32, Block B, Seminole 73181680004 2518/1010 $ 3 ,929 .52 12/14/99 16A4 08/25 /00 08 /25 /15 Lot 10, Block A, Seminole 73180240005 2622 /0664 $ 4,290.34 12/14/99 16A4 08 /25/00 08/25115 Lot 12, Block B, Seminole 73181160003 2622/0671 $ 4,290 .34 02/08 /00 l 6A6 08/25 /00 08 /25/15 Lot 25, Block B, Seminole 73181520009 2640/0831 $ 4,290.34 Total $36,448.14 16.D.6.a Packet Pg. 1671 Attachment: Release of Lien- Seminole Habitat.doc (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) Resolution # BCC Approval date CO date 15 year affordabilty end date Legal Description Subdivision Organization Name Folio Address Current Owner Same Yor N Homestead Y or N Type of IF IF Lien (OR/Pg )IF Amount IF Release (OR/PG) SOH SOWOH DOWH DOWOH Same Owner With Homestead Same Owner Without Homestead Different Owner With Homestead Different Owner Without Homestead 99-125 02/23/99 16A4 2/23/2000 2/23/2015 Seminole Block A Lot 6 Seminole Habitat for Humanity 73180140008 603 N 9th St Sanon, Vinet & Aliana Y Y 100%2518/961 3,929.52$ SOH 99-126 02/23/99 16A4 4/13/2000 4/13/2015 Seminole Block A Lot 28 Seminole Habitat for Humanity 73180600001 606 Clifton St Galasio, Thomas Y Y 100%2518/968 3,929.52$ SOH 99-127 02/23/99 16A4 4/13/2000 4/13/2015 Seminole Block A Lot 29 Seminole Habitat for Humanity 73180620007 608 Clifton St Hinojosa, J Primitivo Y Y 100%2518/975 3,929.52$ SOH 99-128 02/23/99 16A4 4/20/2000 4/20/2015 Seminole Block B Lot 7 Seminole Habitat for Humanity 73181000008 611 Clifton St Montero, John & Esther Y Y 100%2518/982 3,929.52$ SOH 99-129 02/23/99 16A4 4/20/2000 4/20/2015 Seminole Block B Lot 8 Seminole Habitat for Humanity 73181040000 609 Clifton St Garcia, Daniel & Kristie Y Y 100%2518/989 3,929.52$ SOH 99-132 02/23/99 16A4 5/26/2000 5/26/2015 Seminole Block B Lot 32 Seminole Habitat for Humanity 73181680004 616 N 10th St Davis, Helen Denice Y Y 100%2518/1010 3,929.52$ SOH 99-438 12/14/99 16A4 8/25/2000 8/25/2015 Seminole Block A Lot 10 Seminole Habitat for Humanity 73180240005 591 N 9TH ST Bustamante, Pablo & Maria Y Y 100%2622/664 4,290.34$ SOH 99-439 12/14/99 16A4 8/25/2000 8/25/2015 Seminole Block B Lot 12 Seminole Habitat for Humanity 73181160003 545 Clifton St Ruiz, Enrique & Maria Y Y 100%2622/671 4,290.34$ SOH 00-43 02/08/00 16A6 8/25/2000 8/25/2015 Seminole Block B Lot 25 Seminole Habitat for Humanity 73181520009 514 N 10TH ST Anzualda, Noel & Mary Ann Y Y 100%2640/831 4,290.34$ SOH Total 36,448.14$ 99-131 02/23/99 16A4 5/26/2000 5/26/2015 Seminole Block B Lot 31 Seminole Habitat for Humanity 73181640002 614 N 10th St Berrette, Renel & Betie Y N 100%2518/1003 3,929.52$ SOWOH Sent Payoff Request Letter 99-124 02/23/99 16A4 na pd Seminole Block A Lot 5 Seminole Habitat for Humanity 73180120002 605 N 9th St Cruz, Fabian & Eliazar Y Y 100%2518/954 3,929.52$ 4267/4120 NA paid off 99-130 02/23/99 16A4 na pd Seminole Block B Lot 9 Seminole Habitat for Humanity 73181080002 607 Clifton St Cortez, Eufemio & Gloria N N 100%2518/996 3,929.52$ 5398/3013 NA paid off 99-304 08/3/99 16A14 na pd Seminole Block A Lot 25 Seminole Habitat for Humanity 73180520000 540 Clifton St Pierre, Emmanuel N Y 100%2578/2512 4,290.34$ 4249/2670 NA paid off 16.D.6.c Packet Pg. 1672 Attachment: Seminole Back up materital (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thiQ59ay of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, Medical Services System Impact Fee Ordinance; Collier Road Impact Fee Ordinance; an County Educational FacilitiesS from time to time hereinafter waivers of impact fees for new` and WHEREAS, OWNER has No. the Collier County e No.92-Y3, as amended, the Collier Il,eec ivgly+ refg'rred'1 t as " ,ser -occupied dwells u Fee Ordinance, a copy of said application Improvement; and be further amended Ordinance", provide for qualtfyJhg as affordable housing; .0 fees as required by the Impact in the office of Housing and Urban WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of &&Igar a� , 1999; and - 1 - Ai 0 WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for period of f, � { p p � )�� ,arsc�a�ing from the date the certificate of occupancy is issued for the Dwelling init. 4. REPRESENTATIONS Ati 411WA RA,NTIE '\OWN represents and warrants the following:_ t , a. The Dto a hol th a very low income as k 4 ,F defined t appendices to thin `act a Ordinance and his/her 4 .. aPPe 0 monthly pa ep�'s,to purchase the D*,elb0g Unit shall be within the affordable housing"'t a �ised in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - c CM N impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. if OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which rc,lien—may 4be foreclosed upon in the event of non-compliance with the 8. RELEASE OF requirements and fifteen (15) upon payment of the waived record any necessary docurn, limited to, a release of lien. 9. BINDING after Agreement and their respective heirs, completion of the Agreement da f issuance of he certificate of occupancy, or 0 t e C(Cll`l l�l t the expense of the COUNTY, 7v i E nci thln*i6ni e lien, including, but not 2' Agreement shall -b iin' ing upon the parties to this ' A. o tta`rtattves, successors and assigns. In the w case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the =M impact foes due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person -except -the lien for County taxes and shall be on .w', parity with the lien of any such�`es.ShouldthWNER be in default of this .. Agreement and the default is not curd within (30) days afte written notice to OWNER, the 14, Board may bring a civil action to enforce this et in additi n, the lien may be foreclosed or otherwise enforced by the iCO ' N Y y et orE u , i �uity as3 for the foreclosure of a mortgage on real property. Tl is ffito is cam`nlativdWith"ai�T"ot� dight or remedy available o 7D to the COUNTY. The Board shdtbe entitled to recovefgatl fees anef costs, including attorneys 41 s %n this agreement, plti interest at the statutory rate for fees, incurred by the Board in enfore o judgments calculated on a calendar day basis ria —1 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver e �n of Impact Fees on the date and year first above written. C7%.1a• Witnesses: Print Name nt Name.7K =, OWNERS: HABITAT FOR HUMANITY OF COLLIE COUNTY, INC. B C! _ a es C. S sid nt - 4 - • STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this � day of , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Col ier County, Inc. He is rsonally known to me. [NOTARIAL SEAL] of Person Taking Ackno dgment JOANNE DAM Jnr ooroa�Mo�+. cc « : oaAWAU vW- I.W&I4 TAIY Ra NMYy iN" M A M DATEDQ. jD,019`3 ATTEST':t k J DWaG,BRbQK, Clerk of Acknowledger Typed, Printed or Stamped COUNTY COMMISSIONERS RUNTY, FLORIDA jd/gm/ctWWsmanorsddn/agree �0 - — 5 — WAI-.- KIE, CH RWOMAN lap Att YY-�1�� 4t Y A i A sl h ct j,, eidi F. Ashton Assistant County Attorneys jd/gm/ctWWsmanorsddn/agree �0 - — 5 — WAI-.- KIE, CH RWOMAN EXHIBIT "A" LEGAL DESCRIPTION LOT 6, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. wP =v l A 4 y S Ax m \" I N t17 H -b Co b O 01 ft. PI I IN V Lo C.' a 'w m's st ImMoKAI..f-C rr(o/t}1wwiw•/ tgotiwYw7Ch3t• t•tw/tw•t•fIwiowf. SWA K;.asts• J'R. afrtls t ptws was•2; fturt 1.I93rt wwbo Norte 3oafioM1NNNu Ostrom. t IMM;=MM.M ��YNM .p 1., / •^.N� ,.... IiN Pu4r f3oo K f , (ACaS 31 U U a .re 11 35 x 79 � 33 3s 3Z z r1L 30 i � » 'r 3Z 's it 9< AX / a/ s ' � • $ o A6 I/ .• 3t /3 23 /9 Af /G ° • x, /i U U a .re 11 35 x 79 � 33 / 3Z S 30 i 9< ' � • $ o /i 4 L .• t., 1 , , I I 1 1 I 1 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this rday of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to o o as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." r WITNESSETH: g WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County W f7 Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the g Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County mo to *$No Ordinance No. 91-71, as amended, the �10e�C int` Emergency Medical Services System m C Impact Fee Ordinance; Collier Co1ufik� `Ordinance No. 92 `2" , s`� mended, the Collier County C p �v Road Impact Fee Ordinance, a d C illi r Cpunt`y� Ordi�na�� a No 2- , as amended, the Collier t til x County Educational Facilities,,'Sy e % c � nye,` y ds th may be further amended C JFu=w1 ° s A frl O from time to time hereinaftep�t�� rfer ti as "li�ct `Fe,E Ordinance", provide for r waivers of impact fees for new,,,i�,"tt� er-occupied dwelliunic qualifying as affordable housing; C and. - ` $ �N' e WHEREAS, OWNER has aphid #net tn�t fees as required by the Impact Fl .. Fee Ordinance, a copy of said application bein__—'file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and oC ti A WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- at its regular meeting of �� , D3 1999; and O O • WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of ft freet(la�c6etcing from the date the certificate ,.�„iv of occupancy is issued for the DwellingUmt. 4. REPRESENTATIONS A l) WARR.ANTI S 1WN I represents and warrants the following: � 3 a. The Dwdl&#g`U r, hl 6,sbld_f a h� old kh a very low income as o defined it e t i�, appendices to th mpact Ordinance and his/her monthly pa `e�to purchase the Dwe117ng Unit shall be within the y �S affordable housing gl e est�is dd in the appendices to the Impact ""d .i .. Fee Ordinance; ca b. The Dwelling Unit shall be sold to a first-time home buyer;�o C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15 ) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. in return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 5. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien_ Ay be foreclosed upon in the event of non-compliance with the requirements# thee+ i 8. RELEASE OF i,11 #. Upon satisfactory etion of the Agreement requirements and fifteen (15) years After"th -date of issuari'ce of upon payment of the waived impact ftres,� to C�1 N sh , record any necessary documents tan t eilei tha- linatipr tib?. 1 k limited to a release of lien. 9. BINDING EFFECT his Agreement shall beY Agreement and their respective heirs, pers�dii(peprese tdtves;' ificate of occupancy, or of the COUNTY, lien, including, but not upon the parties to this successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - N cr P—& 00 b 0 v c► 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 tion -compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person excerpt the lien for County taxes and shall be on parity with the lien of any such Cos. ShoultWNER be in default of this ..dna`.... Agreement and the default is not,�cured wimp, (30) days after rit� notice to OWNER, the Board may bring a civil action t4enforce this gree grit lifaddition, the lien may be foreclosed ckr or otherwise enforced b the dOU IT b action s� n t las nor the foreclosure of a Y y q Y mortgage on real property. Thi'medy"�is cu latit or remedy available ev;, , zs to the COUNTY. The Board shit,entitled to recover feeseat posts, including attorneys fees, incurred by the Board in enfohsagreement, �s�t,est at the statutory rate for T x judgments calculated on a calendar day basis,utit pad "w .ns o0 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. a b Witnesses: OWNERS: HABITAT FOR HUMANITY OF COLLIE COUNTY, INC. B — 4fais C. mit , i resident - 4 - STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this � day of , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is rsonally known to me. [NOTARIAL SEAL] S' rue of Person Taking Acknekledgment JOANNE DALSEY MY COW= r 0CC70 eaara�es asna� DATED: A X WG1jT gkotK, Clerk 41 r Heidi F. Ashton Assistant County Attorney jd/gWch"1vsnwnonddn/ag= of Acknowledger Typed, Printed or Stamped COUNTY COMMISSIONERS AUNTY, FLORIDA . MAC'KIE, 1 1. �a ti m' - 5 - WOMAN EXHIBIT "A" LEGAL DESCRIPTION LOT 28, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PIAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. " ON 1 LO W IMMOKAL-IL rYw/!w !,or w)t 1,60 j gra �/ {"uw+�ce�Jsrei asi ,Rfoi:s�l.�fii. ce J1. ! �/� b pt/•.w! oj�..Iwwlw�• o•.fuwiw d! wll#$moo# .• ON. INN��r �N�M rwM .Y. / ••••:M• .:...:..• P44r 3 1 .S;. 1 ki u 11 1o• 3* 30 of y UP j 35 R 71i � JJ 7 S J/ ao 1 .Ir• ir1' 3* 30 of AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi,�rday ofV 1999, by and �3ME between the Board of County Commissioners of Collier County, Florida, hereinafter referred to N o ;^ "d as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as Q WITNESSETH: o 0 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 N Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County e �, .o a cr Ordinance No. 91-71, as amended, the Coir �gency Medical Services System a N r m o Impact Fee Ordinance; Collier Count�!�rdmance No 92 'Amended, 'Amended, the Collier County r y O Road Impact Fee Ordinance; and Coll ett-'ounty WOrdinAnce No. -3 , as amended, the Collier ?� o County Educational Facilities Systena'ImPact" � shy may be further amended C Ln E hy from time to time hereinaRerl011 t vel re a ed jo(s "Iac rit Fee fJrdinance" provide for Q g waivers of impact fees for new1,bo r -occupied dwelling 4nit 4uaii� g as affordable housing; " A o Cand WHEREAS, OWNER has app�litt~d fo; waiter of' ees as required by the Impact r Fee Ordinance, a copy of said application being TMon file in the office of Housing and Urban 8 Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's W application and has found that it complies with the requirements for an affordable housing waiver Q o of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-�i at its regular meeting of QXh3 , 1999; and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the u. Impact Fee Ordinance for a period of f! er I nrre ping from the date the certificate of occupancy is issued for the Dwelling,", hit. 4. REPRESENTATION SAND WAI�RAN"iI R(JWN ,represents and warrants the following: a. The Dwe ttn U nafl >a ,,a ho e ld i h a very low income as 4 � ,t defined appendices to thei�pact Tei' Ordinance and his/her monthly paqty ,to purchase the Dw"Ii:rng Unit shall be within the affordable housing gu Obli n the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien -t --may-, be foreclosed upon in the event of non-compliance with the requirements of iii ' emt` -: i 8. RELEASE OF LIED Upon satisfactory mpltion of the Agreement requirements and fifteen (15) years after fie-" ° to Issuance of th certificate of occupancy, or upon payment ent of the waived irr act ie0s, eCOU "1 s> l h expense of the COUNTY, P P Y :hO record any necessary documentatj6nbviancing e, 'i inati6w-bf t lien, including, but not vi limited to, a release of lien.' 9. BINDING EFFECT I'A$reement shall be binding upon the parties to this b Agreement and their respective heirs, person successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within tifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person�:xcrpt-the ,lien for County taxes and shall be on parity with the lien of any such Co��Aes. ShouultiWNER be in default of this Agreement and the default is Board may bring a civil action or otherwise enforced by the mortgage on real property. 7 to the COUNTY. The Board fired-wi, in (30) days otos this 1eetr n I 4T cti r �idt' ie c'y is cumulativeit ie -,,entitled to recover' notice to OWNER, the itidn, the lien may be foreclosed (iiity as 1for the foreclosure of a { other right or remedy available >a costs, including attorneys t: fees, incurred by the Board in enf I thjs agreement,..plt16"Intirest at the statutory rate for judgments calculated on a calendar day basestl IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Name Name — 4 [GRIl,i 0 HABITAT FOR HUMANITY OF COLLIEf COUNTY, INC. B tiL�-1 harles C. S ice ident STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this day of , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is pe nally known to me. i [NOTARIAL SEAL] 96ture of Person Taking AcknZwledgment jpAiNB MWOMDA18BY mycommfNo"00C am of Acknowledger Typed, Printed or Stamped ate►► ". wrr sr•+o• a DATED: -� RD COUNTY COMMISSIONERS v , A=T:��- LOUNTY, FLORIDA E. BROCK, Clerk ' r F 3 Ivy ." MAS KIE, CHAT OMA2 'r AcidiF. Ashton Assistant County Attorney s jd/p3/C%aple5naWr&"a9M - 5 - 0 EXHIBIT "A" LEGAL DESCRIPTION LOT 29, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - US4 ,Enlr4u mr.. =%amp ra v at.+a.rao / 1MMoKALf.t • OI> ie3 •1 bt 3G d •ec• •f 1 sit/ • !t• 13 Tj. 4. 3. S. to t tatwc. •cAw/y M•4 ♦ )!e j!.- cwcwcc 1!t{� sio/� era •4144 ss•A. tws•st [4+146* fj bNs/•rwC • �grwwiw�• c•wfil4 A• d! *4# #6 pool •• NSI. 11•N:+�� •I!M.SM P44r nsoo K i ?A& 31 lu U 1< L 4 l J u .Te' .. is L ar 7 33 at S ao f x. • J ' Ft i` G Jl d' Af 13 23 J1 ,• l / i • t• /7 ti 4 a i lu U 1< L 4 l J u .Te' .. v 3` / J.! � 3ti 33 sl b 3e f d2 'a..w,J. Ft i` d' f � 3 4 a i 1 3 zz Js x• Ja y 1 1 1 1 30 af• AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thialay of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the melte ?County �prgency Medical Services System Impact Fee Ordinance; Collier Road Impact Fee Ordinance; an County Educational Facilities S from time to time hereinafter waivers of impact fees for new, and WHEREAS, OWNER has Fee Ordinance, a copy of said application Improvement; and No. 9 = ''» ,amended, the Collier County No. 92-3�, as amended, the Collier be further amended as "I'mP ct {Fee; Ordinance", provide for untt�qua�tt�thg as affordable housing; :I fees as required by the Impact ile in the office of Housing and Urban WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99--� at its regular meeting of "w&g -)3 1999; and - 1 - ~a7a°ea ago u r a -0A WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with , standards set forth in the appendices to the �rr Impact Fee Ordinance for a period of�fi�e Y51 years cnrpehig from the date the certificate of occupancy is issued for the Dwelh U. , 4. REPRESENTATIONS AND WARRANTIES. AOWN represents and warrants the w Y. � S s df � v `�� r� € �' w i 'r 3 �� following: t ! r { ,h r a. The Dwt l ng rtit shall be sold a hb s&OW, ith a very low income as defined iii-Ahe, appendices to th "rimrp t e Ordinance and his/her 41 monthly payi�s,purchase the �wling Unit shall be within the affordable housing'glnbltshed in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. S. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which ....lien _.may lie foreclosed upon in the event of non-compliance with the requirements�hrs TAgreement .., b � \ 8. RELEASE OF LIEN'�a�Jpon satisfactory"�ompletion of the Agreement requirements and fifteen (15) y ars after the ate -of, issuance of the certificate of occupancy, or of the waived imp t�es; the CO t t1, a 1, f the expense of the COUNTY, upon payment � 4 record any necessary docume�fatr�,i�idencing thi-tc minitto'o#' lien, including, but not limited to, a release of lien. 2 9. BINDING EFFECT This -,Agreement shall "3 io ing upon the parties to this 4 Agreement and their respective heirs, pers©a repir! vis, successors and assigns. In the .b rase of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for c the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other peason € tc�pY t lien for County taxes and shall be on parity with the lien of any such C Lytes Shoo#dtiWNER be in default of this default is withina (30) days afterntt n notice to OWNER, the Agreement and the not cure. Board may bring a civil action to enforce t is weer ent In addttidn, the lien may be foreclosed or otherwise enforced by the COL�1'Y bctrnor tri eiit as 'Ifor the foreclosure of a �� 4 mortgage on real property. Ths,medy is cuinulattverth artoti��ttght or remedy available to the COUNTY. The Board shitlentitled to recover* foe scosts, including attorneys v fees, incurred by the Board in enfot"_ �this agreement p1tntrest at the statutory rate for judgments calculated on a calendar day basis tiatiT pid IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver o of Impact Fees on the date and year first above written. Witnesses: OWNERS: r c-----' HABITAT FOR HUMANITY OF rint Name - ,u,o COLLIER COUNTY, INC. 6 nt Name Br�pih rles C. Smith, Vide, r tde r� 4 - STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this -2?.91 day of , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is p6sonally known to me. [NOTARIAL SEAL w+r+ Ny oowaUMM a CC 7W13 �w� °"�"�°'►y'N�a ...wLW1R�lY IIS NM�rf s«'+O. a� DATED--?AP9 ATTEsSTh u ,pWidiff E.15�OCK, Clerk `4 'di F. ton Assistant County Attorney jd/Swc/u*Ies mnoraddnlagme of Person Taking Ack&rowledgment Acknowledger Typed, Printed or Stamped COUNTY COMMISSIONERS OUNTY, FLORIDA * i IA+C'K1E, vi - 5 - I / J ?,WOMAN N co 0 C= er EXHIBIT "A" LEGAL DESCRIPTION LOT 7, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A C7-2-1 �%p - a N u+ m b O �o O -m , rjr r4`i L. Cr iii V =P blo a v same O w o v IMMOKAL-F-E /q,rwiwj st N• 3L CaM• ft k J(//wyJ4 • Js. Tj. 4f+ S. R. at lAflds n O &S o:Ikf)`fhM ��f1fu.I,.iA `ON •f �• �•• mjj 44 a' Nf•ef L4s146/ �.. •�:r:r'i' ... ,:.: P4.4r f3oo K 1 PACaE 31 ;e,' I r U I J. w ems It t --h cfa pla 0 fo a* afi Do a 36 + 3s R 39 33 3Z S 31 3e % R a ' 9< s13 Zi is " /� V ,fr• ,r w ems It t --h cfa pla 0 fo a* afi Do L AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this�--May ofl999, by and .. A between the Board of County Commissioners of Collier County, Florida, hereinafter referred to o ;2 "COUNTY" as and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." m 0 WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Q� Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the a N Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the �o r u' ty 8i1ergency Medical Services System .� err. Impact Fee Ordinance; Collier Co y, Ordinance No. 92-2e *`amended, the Collier County Road Impact Fee Ordinance; and Cpi1i unt -Ordinance No. Z 3, as amended, the Collier o� C�o • • County Educational Facilities ,8ys h�,ac Fueb, e, `a t ey may be further amended o L.i7 from time to time hereinafte rferr t 6k, "Impct 1~e Ordinance", provide for r ►d cofii,-civ as �x V- G7 �, =F waivers of impact fees for new\o�nFr-occupied dwellin4kunit �qualitytiig as affordable housing; • 7Mr • � o a� and WHEREAS, OWNER has applied fmr�aiyercyiriapac't fees as required by the Impact Fee Ordinance, a copy of said application being -6h filery in the office of Housing and Urban Improvement; and " WHEREAS, the County Administrator or his designee has reviewed the OWNER's W -J W application and has found that it complies with the requirements for an affordable housing waiver 4 0 of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- /,2c) at its regular meeting of , 1999; and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with -the -standards set forth in the appendices to the Impact Fee Ordinance for a period of, to a )"ye s €king from the date the certificate of occupancy is issued for the Dwlellih' "Unit. 4. REPRESENTATIONS ANEMA RANTIES. kOWN R represents and warrants the following: a. The D Ilthy i tf shat e sold o a hobsehol , with a very low income as defined "h, appendices to Ordinance and his/her monthly pa to purchase the Unit shall be within the VX affordable housing gtt l rie$-4til fished in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - 0 N 00 0 0 impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. b. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which -,lie a�' Abe foreclosed upon in the event of non-compliance with the requirements"" equirements r�Itts Agreement ° 8. RELEASE OF LIEN. , poft satisfactory completion of the Agreement requirements and fifteen (15) years a to therrd� bf\lssuan're of thi~ certificate of occupancy, or upon payment of the waived iinpadt fees, the CQUI record any necessary documen°tatt6n evidencing the limited to, a release of lien. air 9. BINDING EFFECT.�,'lu"Agreemer Agreement and their respective heirs, of the COUNTY, lien, including, but not zt''ding upon the parties to this successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person-except-the lien for County taxes and shall be on parity with the lien of any such C td . Sho "th "WNER be in default of this Agreement and the default is not cud within (30) days after.written notice to OWNER, the Board may bring a civil action enforceZIA thisagree ent In add i n, the lien may be foreclosed r ` or otherwise enforced by the COIMT fiction car at ire ►iity wfor the foreclosure of a .. y h a, mortgage on real property. Th �� is ri(atiwvith yth� right or remedy available to the COUNTY. The Board shi)ib entitled to rosts, including attorneys fees, incurred by the Board in en r Ihis agreement, pl titerest at the statutory rate for N judgments calculated on a calendar day tills,iat(1 paid :u opo b IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver G? of Impact Fees on the date and year first above written. .n N Witnesses: OWNERS: HABITAT FOR HUMANITY OF rint Name r COLLIE COUNTY, INC. nt Name,T% iJ a �. B si ent - 4 - STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this 2�' day of ., 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] JOANNE DALBEY wv EXPU wM s oc »Ku t�oa � ek mvn= ��ess.war�Y Fla wrn s �a'"i' SWnature of Person Taking A461knowledgment DATAp �a ATTEST--, DWIGHT.E.-BRO , Clerk oi n and legal su1 .. emy eidi F. Ashton Assistant County Attorney j&WWclnaplaaawnoraddnlagree of Acknowledger Typed, Printed or Stamped BAD OF COUNTY COMMISSIONERS IR 'lt R�,COUNTY, FLORIDA SS 5 - KIE, V EXHIBIT "A" LEGAL DESCRIPTION LOT 8, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ue $ I'k: 11 1420 n1N4JL.r.=Vwsr+s w 6�#8%.,u Imi4oKALIG sf w�t�ls/tr.w3. i t��tgji*w:wl.wwltw• t••Nfut{wf iw0.010/1Jw/J.•. ..Ja•sw. ..it]r.(•w tltwts fat OG vN L•af360 MAI.yb �... •::s»r' .:.. P4.4r f3oo K 1, Pt�GE 31 ii I• • . 3i � 31r / y' r83 � 34 34 S 32 S As RCP tt �s /•L y Rf �a 43 At • ;0 /' • " /% ti /a u u r ./s ro 31r / y' 35 � 34 33 7 32 S 30 77S • 4 'kJA ' /3, 1 R w /s R o t? v ...i r J� 1 1 I 1 1 1 I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi;)�Tay of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER N WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the--�oAtieft4U0,00t; Impact Fee Ordinance; Collier CoonOrdinance No. Road Impact Fee Ordinance; and Co lioOai" County Educational Facilities/Sy4te `1" ac� 171 111 � Y from time to time hereinafter--calecivy rfrrd t Medical Services System the Collier County No 92-.I3, as amended, the Collier be further amended as-lmp4ct ,! ee Ordinance", provide for waivers of impact fees for new',aw'ner-occupied dwelltrr and WHEREAS, OWNER has appiti�do ser waiver Fee Ordinance, a copy of said application being 66- it Improvement; and quali mg as affordable housing; 0 t fees as required by the Impact in the office of Housing and Urban WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-13D at its regular meeting of f- QR , 1999, and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance Impact Fee Ordinance for a period o f ftebrt of occupancy is issued for the Dwel g"Unit. 4. REPRESENTATIONS..YANI -' following: te-.standards set forth in the appendices to the ears mini'ncing from the date the certificate C�7 s and warrants the a. The Dwrdit gQ "'shag &,to a h tsehoj4,ttvith a very low income as iTtg k, p. defined appendices to tti�aImpatt wee Ordinance and his/her is monthly pa nits to purchng Unit shall be within the affordable housingin the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $3,929.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which ,lien---may.x be foreclosed upon in the event of x �. non-compliance with the requirementstgret` 8. RELEASE OF requirements and fifteen (15) ears after upon payment of the waived mptNee: record any necessary docume*6oi evi limited to, a release of lien. 9. BINDING Agreement and their respective heirs, satisfactory\�comlletion of the Agreement of of occupancy, or of the COUNTY, lien, including, but not upon the parties to this successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person -except the lien for County taxes and shall be on parity with the lien of any such C(it taxes SIi OS WNER be in default of this Agreement and the default is not &red within (30) days a r written notice to OWNER, the Board may bring a civil action to enforcet tiffs agreement In addi ion,,,,,, the lien may be foreclosed or otherwise enforced by the COUN by° aeholn oil "sup t�nu ty is for the foreclosure of a IJ k k =Ek 3 O mortgage on real property. Uis yi�e. tip witif"any d4ker° right or remedy available a Z to the COUNTY. The Board "l be entitled to rv allifecs~and costs, including attorneys ,... a4 fees, incurred by the Board in eidir'1g this agreement, pinterest at the statutory rate for judgments calculated on a calendar day °basl�_tlp �. 0 IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver CA.10 of Impact Fees on the date and year first above written. Witnesses: Print Name Name i OWNERS: HABITAT FOR HUMANITY OF COLLIE COUNTY, INC. B a es C. Sn t is resident - 4 - STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this 2,2_ day of , 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. NM SEAL) J of Person Taking Ackno ledgm O ', JOANNE DALBEY MY ComMLWOON 1 OC 73%12 k" � � � � BXlRFi:06A1Ili0Q '.j Name of Acknowledger Typed, Printed or St sar a mans..■.a c• R Ajani* to W fad and _ Heidi F. Ashton Assistant County Attorney jd1Sm/dmpk=unonddn/sgree - 5 - OF COUNTY COMMISSIONERS R .COUNTY, FLORIDA EXHIBIT "A" LEGAL DESCRIPTION IAT 32, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEE. ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. { Ei., t..7s } - 6 - 1,1 �►�"il�r � r M V K a �� • r te ... r • �"11K • • •/• a tae !L t�•!Is• •f 1s dwX •� J�. � Ti. �� S. A. i� t e�escs �s�sNd M f�i sll.• s•swts Ns;f iio/l/; pews Jab Js•�t; t•ssr!'Iatios b H• I•.AL •�•s/AAlA3• s•.s•l�tA !! .0 ss AI.. s •• Nu. I.rN� �•..!MI�.M Pz.4rl30o K 1, �'A�E 31 W �J L 73 p s a/ A �o f t d x/ 9 Af /� r 23 /f /f /I Jo 4 3(p t 35 R as � 3x S J/ 3. f �y 6 s Jo 4 3(p t 35 R as � 3x S J/ 3. f �y 6 s u � m /J ` r xs /s xv /f C /' II: i.I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this ay of jt&e�_ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County es System Impact Fee Ordinance, Collier County Ordinance No.mene �1 Ordinance; Collier County OrqfnaNiNo. 92-33, as amend Facilities System Impact Fee Ordinance, A Collier C dunty ., County Correctional Facilities Im'aq' Fed (rd a e Ei i1 1h�y to time hereinafter collectiv impact fees for new ow WHEREAS, OWNER Fee Ordinance, a copy of said app Improvement; and lier County Road Impact Fee th, Collier County Educational e No. 99-52, the Collier be further amended from time Feee" rdi0* ", provide for waivers of dwelling unit quah4� nglas t t i$rd'able housing; and � ^ s a V t(1; for a waiver of,itl, to /tees as required by the Impact lica°tidn�� ttig t 15.. �ti the office of Housing and Urban WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable lousing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact tees for OWNER embodied in Resolution No. 99- at its regular meeting of /_� ___, 1999; and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance fora period of tiftek" («S y Ir *pfi"encing from the date the certificate t of occupancy is issued for the Dwefin�Untt. 4. REPRESENTATION WARRANTIES OWER represettts and warrants the following: h 11 e s l to a h u eh�►�d With a very low income as a. The D*W, ,j! nkd h x defined e appendices to . Inpac�e Ordinance and his/her monthly 0#inerts to purchase the Dw Y p Unit shall be within the affordable houjjog u. l s esC i sh d in the appendices to the Impact Fee Ordinance;'` b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15 ) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,290.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. if OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sola only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The DN%elling Unit must bc: utilized tur 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 " ent of non-compliance with the requirements of-h,,e!��' g. RELEASE OFsaUstacca(t�nptetion of tl►e Agreement requirements and fifteen (15) years�aftr t -'ate-of f iS nce iz th certificate of occupancy, or t� tEN 111 thetrexpense of the COUNTY, upon payment of the waived'im{t ,i i c lira, includin but not ty mentii of eyli eicii tie ec lli� tion of the b record any necessary docu limited to, a release of lien 9. BINDING Effi C This Agreement tial h Ing upon tile parties to this N � @ are res�ati;successors and assigns. In the N Agreement and their respective he ts�, P p case of sale or transfer by gift of the Dwelling-lnit; thrr ortg►nal OWNER shall remain liable fur G� 0 until said impact fees are paid in full or until the conditions set forth to the impact fees waived rn rn the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and rn shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days atter execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and stablished in the Impact Fee Ordinance and thereafter ta qualification criteria eils to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance fur 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 (t5) 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 tees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such Coati' the OWNER be in detault of this 9 Agreement and the default is not hrF within (30) dayllt�ritten notice to OWNER, the Board may bring a civil action`to erif rce tJiis agree -q, In itio i, the lien may be foreclosed t or otherwise enforced by the CQUI zY b ct o r � i t arty `its for the foreclosure of a mortgage on real property. Ths��eoied is c�imtil I 6-`w. 1 i atiy bthet- right or remedy available Vx to the COUNTY. The BI be entitled to reco ; r ally fees costs, including attorneys p fees, incurred by the Board i1110 ing this agreement;" l[,in t rest at the statutory rate for _ � judgments calculated on a calendar :s'-unt'Ll a+d N r, IN WITNESS WHEREOF, tliparties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. o rn o, Witnesses: �� not Name "e,47' rint Name I OWNERS: HABITAT FOR HUMANITY OF COLLIER UN3 ,INC,, BY: Samuel Jburso, M.D., President - 4 - STATE OF Florida ) COUNTY OF Collier _) The foregoing instrument was acknowledged before me this 10 day of by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. r,. =Taking [NOTARIAL SEAL] Si ture owl gme Mv��Ni�E►o ntn# CC�12 'SOF EXPIRES w3o/m., i-way"" Name of Acknowledger Typed, Printed or Stampe DATED: DEC 14 1999 BOARD OF COUNTY COMMISSIONERS ATTP:,ST: COLLIER COUNTY, FLORIDA DwI�INT,E, BROCK, Clerk � { Al /�/ X/' I AttasCA to Cha 1 gran' s s ! 9eWbre only. Approved as to form and legal sufficiency a aww , ............ Assistant County Attorney id/c/seminole/agree M 17 IN3 1 c ,s N e . Y rr - 5 - E, CtVAIRWOMAN CD va N O'1 N N 0 C7% 00 EXHIBIT "A" LEGAL DESCRIPTION LOT 10, BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - 7 m \iCDP r u I, b O - 6 - A 1 I 1 1 1 ( I IMMOKALIEZ. P"41 atylwn0w3 et t+e 34 Ce••t• *like SWA .f 3t•�3 rj. 46 3. JP. �3 G tAeec. � detlA J11goo,• theact Wei.blot : t togs tr94 »ejA. t.t/Iee [•►tiN It b t►e /.I"t .f Igiwaie3• e.�fu�ie. �+.� eti in.�t •. /IJJ. .. r� PL4r r5oo K 1, PAG>r 31 -1 i 1 I 1 I 36 35 /4 3y 3 33 JJ 30 i l 1 it N A3 i9 2t /s AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this/letay of �%le. 1999, by and between the Board of County Commissioners of Collier County, Florida. hereinatter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinatter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency, l I di I i rvices System Impact Fee Ordinance; `'.' Collier County Ordinance No. 9Zas =atlieided� tI4 olSlier County Road Impact Fee Ordinance; Collier County Ordinait e No. 92-33, as amend ,1, t Collier County Educ.rtional Facilities System Impact County Orditnce No. 99-52, the Collier County Correctional Facilities lr pact Fie rdin4ncc� � a t cN iid hciturther amended from timec to time hereinafter collecttveljry'Cekred 164s"Itilpou Fc C tdrnitiiee", provide for waivers of impact fees for new owner occ�i I l dwelling unit qua,as afrofdable housing; and WHEREAS, OWNER h ap ted for a waiver of ftipaa, fees as required by the Impact Fee Ordinance, a copy of said applicatxorett tin the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-/l/i at its regular meeting of /y 1L9& , 1999; and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shalt be incorporated by reference herein. 2. LEGAL, DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of,ft c w0l:� y� 10b cing from the date the certificate of occupancy is issued for the Dwillttaj Unit.&" of 4. REPRESENTATIONS ANS W R ANTI OWN,,VR represents and warrants the w following: pr :rt i v Y i J a. The 1314kwf s hall.,.Ao a ht2u h61�with a very low income as defined 'fin a appendices to t",'grItttpact ee Ordinance and his/her o ,�t monthly pV ` a*its to purchase the flivOlang Unit shall be within the affordable hous'in, "114,0 in in the appendices to the Impact N Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; o C. The Dwelling Unit shall be the homestead of owner; rn d. The Dwelling Unit shall remain as affordable housing for fifteen (t 5 ) 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 $4,290.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. TRANSFER. if OWNER sells the Dwelling Unit subject to the 5. SUBSEQUENT impact fee waiver to a subsequent purchaser, the Dwelling l!nit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized tor affordable housing for a fifteen (15) year period after the date the certificate of Occupancy is if the Dwelling Unit ceases to be utilized for that purpose during such period, the issued; and 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 e%ent of non-compliance with the requirements o 1% rTe dCi R�" RELEASE OF GE .� Upon sans a t r " Pmpletion of the Agreement $. � and fifteen (15) year a % he te,nof issuance f t certificate of occupancy, or requirements q 'a �'k the, expense of the COUNTY Q NT � upon payment of the waived imoikctl s�'4 �lett �ti � Ek {ot the lien, including, but not t�rnt anon record any necessary doeun tj ion eIF N de cin E h limited to, a release of lien.i 7d 9. BINDING EFF This Agreement b b�txcitng upon the parties w this N .rr respective h 'xs ped rep►ettat%s, successors and assigns. In the set rn N N Agreement and their s u sale or transfer by gift of the Dwe lingUffit-i-A, eon final OWNER shall remain liable for b G7 case of the impact fees waived until said impact fees are paid in full or until the conditions set forth in rn the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and w shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (t5) days atter execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (l) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter tails to pay the - 3 - impact fees due within thirty (30) days of said non-cotnpliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the properly fail to cornply 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 bill by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees k%aived shall constitute a lien on the Dwelling Unit commencing on the effective date of this :agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person,_except the lien for Count" taxes and shall be on parity with the lien of any such Agreement and the default is not Board may bring a civil ac,tronlio e or otherwise enforced by thgI CO! of mortgage on real property. 1us` to the COUNTY. The Board sfz fees, incurred by the Board in eta rr d within (30) days a are 'this agrmerit In 1iT�5hy��a�tt� o'� �stt� Eddy t?�` c�titlatry wttIT, e entitled to recovll this agree OWNER be in default of this tten notice to OWNER, the ton' the lien may be foreclosed Y uitv as tur the foreclosure of a right or remedy available costs, including attorneys A at the statutory rate for judgments calculated on a calendar day bada(� w IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: '1 nt Name1.,�, rint Name.,,., �YJ1 vii OWNERS: HABITAT FOR HUMANITY OF COLLIER ' N , IN BY ` Samuel .. urso. M.D., President - 4 - STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this _/day of .2 -1% , 1999 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] of Person Taking Acknowl Name of Acknowleuger t ypeu, ri mmu JOANNE DALBEY MY COM11AlISS1oN r Cc' 739e 12 �p h� exnaes osna2ooz 1F�� !h Ivarry Ss Kas ! Bodiw Cu DATED: DEC 1 4 1999 BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk {� � .f m ;MEL S MAC'KIE, CH IRWOMAN Attest Aj'"to Chsirnut's kr ,°3° z4flatwt only. Y { Approved as to form and Appro 4. F legal sufficiency Heidi F. Ashton Assistant County Attorney jdic/Seminole/agree - 5 - EXHIBIT "A" LEGAL DESCRIPTION LOT 12, BLOCK B, SEMINOLE SUBDIVISION 1N IMMOKALFa:, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK I, AT PAGE 31, OF TILE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - O Q1 Q1 r A Is 1 1 I 1 I 1 1 t 1 I M1"t0KA LE E. Be .wwiw� N Me Jr Co•we• of Nt SWA • !.a 7 T. f& b. R• 43 t tAswt• ewnwi i lief A loJf, eoewce wee•t Gioft t1ls:cs.#ata aaofk; t•swseL.+t3�• /f to the P -4•f I sa�wwial• s..e.lwie. IJ wa es n+s. a •• /I�i. ............ ....... MI. ��111� •... PLAT- Mae K 1, ?Acs 31 de a 1 1 AS & I• Y R z I S 3 h 1 1 U 1 a Ad I/ 1 rn N . N 1 r� a� .m 1 0 R t tT A3 1 � 1 >E 1 1 1 1 sem• I 1 de 1 1 1 r � a 1 1 & I• Y R z I S 3 h 1 1 U 1 a 1 t`a 1 rn N . N 1 r� 1 1 . . 1 0 tT 1 1 1 r � 1 1 Ic Iw^ h 1 1 U 1 1 1 t`a 1 rn N . N 1 r� 1 1 . . 1 0 tT 1 � 1 >E 1 1 1 1 sem• I 1 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this lay of 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as la i3il "OWNER." f WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County I Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County w Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as N amended, the Collier County Emergency Medias Services System Impact Fee Ordinance; e VN7 Collier County Ordinance No 92 22,ai neilier County Road Impact Fee S Ordinance; Collier County Ordinance NI /Io 92 33, as amendt4' ,,the''Collier County Educational p - � Facilities System Impact Fee Ordinance; aild Collier Ciuiity Or nance No. 99-52, the Collier _ County Correctional Facilities ImpactNfeeNO i nc ai; tt j�tr y`b' further amended from time �, soft to'as "Iin t f ee dinatt -� rovide for waivers of refe p t to time hereinafter collectivelyp Z s impact fees for new owner-occu V,dwelling unit qualif; as affo cable housing; and o co CAP WHEREAS, OWNER has ar e fora waiver of impact s as required by the Impact - ♦-' a,* m' Fee Ordinance, a copy of said applicaA,e office of Housing and Urban all M Improvement; and n a WHEREAS, the County Administrator or his designee has reviewed the OWNER's W application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-, at its regular meeting of, 2000; and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plait are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifkee� (1) e fskcomrnercing from the date the certificate of occupancy is issued for the Dwe1141Unit. 4. REPRESENTATIONS II ,,W t1ZANlTIES:',%OWNE,R represents and warrants the following: a. The Dwt 1jijRg J ' ihal fbe solid i�, a ho sehol&w th a very low income as defined in-,tii appendices to thd,/;Impact ' 5" 'Ordinance and his/her monthly pants to purchase the1lltng"SFUnit shall be within the affordable housii 41,44-0ps �hecf"in the appendices to the Impact w Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (1 S) 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 $4,290.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing N .ss 0 aq a goo w N impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE. REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the 8. RELEASE OF requirements and fifteen (15) upon payment of the waived record any necessary documi limited to, a release of lien. Upon satisfactory issuance of 1 letion of the Agreement ficate of occupancy, or cense of the COUNTY, o,i'*o lien, including, but not 9. BINDING EFFECT A This Agreement shall b�,,-being upon the parties to this Agreement and their respective heirs,successors and assigns. In the case of We or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. II. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - era a% ,ss 0 b G7 0 w w impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid, Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such Coun -the OWNER be in default of this bµJ,t , Agreement and the default is not within y e� 34 tten notice to OWNER, the ( ) da s Board may bring a civil action to eq,00t'ce tj is'Magmertne. In ad ioti the lien may be foreclosed or otherwise enforced by the $CO > y a��ul0'Jo �Jn "e,11 u 4y for the foreclosure of a J mortgage on real property. Tis_ stat: with".ttn oto fright or remedy available to the COUNTY. The Board. be entitled to recovey) all ees'atiAtcosts, including attorneys O fees, incurred by the Board in enfbr64 this agreement, ply rn# rest at the statutory rate for judgments calculated on a calendar da-ba's's,"a i) pare ' N c IN WITNESS WHEREOF, the paitiesPhave executed this Agreement for Waiver � of Impact Fees on the date and year first above written. a ccs w Witnesses: OWNERS: HABITAT FOR HUMANITY OF COLLIER COUIJTV, I , Print Namec.%i�� . � gy,� Samuel J. rso, M.D., President t�l� OR: 2640 PG: 0835 STATE OF Foga _) COUNTY OF Collier 1 The foregoing instrument was acknowledged before me this moi_ dayof 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier Count nc. He is pally known to me. [NOTARIAL SEAL] Kphature of Person Taking Ac Name of Acknowledger 17A>?n:., V. zCCO ATTEST' OW�1 P. BROCK, Clerk ,only. Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney j&Wwminote/agree - 5 - Printed or kyr JOANNE DALBEY MY COMMMON 1 cc 7MIZ �p FAPIRES:O.S ,4,&&AIOTARY F4 WAwy SermKU & sord" 'Y COMMISSIONERS , FLORIDA ANTINE, CHAIRMAN OR: 2640 PG: 0836 EXHIBIT "A" LEGAL DESCRIPTION LOT 25, BLOCK B, SEMINOLE SUBDIVISION IN IMMOKALEF., ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - :i Kim • -a • 11 v srr amw =No Ve V now s W . �w • l MtAOKALIEE tat 3L Cr•�t• ries sw�! •ps Ste" �•aoti asi tri�st [.+tips ire. i s �ri�!ArT �s A/��sirrtCi �0 x006 mo#* rr Nii.l N M r )^ Pu4r r5oo 3 MII IIIII MM Ii M' 1 t 1 REC.C)RCr'R'J MEWJ: leg 5itiy of wnting„ Typing or FIrmling unsa;istactc.ry in ttus docum4int wren received. - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday,August3,1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTMTIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR 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 BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION -Reverend Les Wicker, Naples United Church of Christ 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. June 8, 1999 -Regular meeting. August 3, 1999 16.D.6.d Packet Pg. 1673 Attachment: BCC Agenda 08.03.99 Item 16A14 page 6 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) -· B. June 16, 1999 -Special Sherifrs Budget Appeal meeting. C. June 16, 1999 -Special LDC meeting. D. June 17, 1999 -Budget workshop. E. June 18, 1999 -Budget workshop. F. June 21, 1999 -Budget workshop. G. June 22, 1999 -Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS I) Proclamation designating the week of August 1-7, 1999 as National Clown Week. To be accepted by Ms. Gloria Carter (Dixie Belle), Ms. Jackie Nolder (Melody Merrymaker), and Ms. Carol Abbott (Sonshine) B. SERVICE AWARDS ' I I) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) .Stephen Fontaine, Bldg Review & Permitting -Ten Years Carmen Richards, Compliance Services -Ten Years Richard Woodcock, Library -Ten Years Sue Buck, Information Technology -Ten Years Mary Ellen Donner, Parks and Recreation -Ten Years Randy MacDonald, Wastewater -Ten Years Ramiro Manalich, County Attorney-Ten Years James Snyder, Social Services -Ten Years Fred Reischl, Current Planning -Ten Years John Houldsworth, Planning -Ten Years Jose Calderin, Parks and Recreation -Five Years John Daly, Information Technology -Five Years Elizabeth Froloff, Revenue Services -Five Years Sharon Phillips, Building Review & Permitting -Five Years Charles Robixhaud, Parks and Recreation -Five Years Willie Pugh, Water Department -Five Years Bruce Gasteneau, EMS -Five Years Mark Wolin, Water Dept. -Five Years C. PRESENTATIONS 1) Recommendation to recognize Jean Jourdan, Real Property Specialist II, Real Property Management Department, as Employee of the Month for July 1999. 2) Presentation of the 1999 State of Florida EMS Provider of the Year Award. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. John D. Jassy regarding street name change for CR 951. 2 August 3, I 999 16.D.6.d Packet Pg. 1674 Attachment: BCC Agenda 08.03.99 Item 16A14 page 6 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 8. B. Robert C. Gebhardt representing Patrick and Helen Philbin, et al -regarding the privatization of roads in the Foxfire subdivision. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENT AL SERVICES 1) Review the schedule for implementation of the Final Order of the Administration Commission issued June 22, 1999, direction for staff to prepare a work plan and a schedule for a phased Agricultural Rural Assessment and to include the regular cycle amendments, the urban area density reductions and the remedial amendments in one transmittal due by November 30, 1999. 2) THIS ITEM WAS CONTINUED FROM THE JUNE 22, 1999 MEETING. Discussion of an extension of the additional 1 % levy of Tourist Development Tax due to expire December 31, 1999. B. PUBLIC WORKS 1) This item has been deleted. 2) This item has been deleted. 3) This item has been deleted. 4) Approve an Amendment to the Transportation, EMS and Library Impact Fee Update Agreement with Tindale-Oliver and Associates, Inc. C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) To adopt proposed FY 2000 Millage Rates and to amend the FY 2000 General Fund Reserve Policy. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Hispanic Affairs Advisory Board. B. Appointment of member to the Bayshore/Avalon Beautification MSTU Advisory Committee. C. Appointment of members to the Environmental Adv•sory Council. D. Appointment of member to the Collier County Community Health Care Ad Hoc Committee. 3 August 3, 1999 16.D.6.d Packet Pg. 1675 Attachment: BCC Agenda 08.03.99 Item 16A14 page 6 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE MILLAGE RA TE. Recommend that, in addition to the SherifPs operating budget, the Board provide a 5% reserve for contingencies for the Sherifrs Office in FY 1999-2000. 2) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE MILLAGE RATE. Recommend that the Board endorse a recruitment and retention adjustment for the Collier County Sherifrs Office during FY 1999- 2000. 3) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE MILLAGE RATE. Recommend that the Board restore the reductions made in the Collier County Sherifrs Office budget request for FY 1999-2000. B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS -BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) RECONSIDERATION AS DIRECTED AT THE JUNE 22"d MEETING. Petition R-99-3 Geoffrey Purse of Purse Associates, Inc. representing Golden Gate Inn, requesting to change the zoning classification of a property from "GC" golf course to "C-3" intermediate commercial district. The subject project is located on the southwest corner of Golden Gate Parkway and County Road 951 in Section 26, Township 49 South, Range 26 East, Collier County, Florida. This site consists of 1.81 acres. 2) THIS ITEM WAS CONTINUED FROM THE JUNE 22, 1999 MEETING. Petition PUD-99-6 Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc., representing G.L. Homes of Naples Associates, Ltd., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Rigas PUD for a maximum of725 residential dwelling units and a maximum of 10,000 square feet of convenience commercial and recreational uses for property located on the south side of lmmokalee Road (C.R. 846), approximately one mile east of 1-75 and one mile west of C.R. 951, in Section 28, Township 48 South, Range 26 East, Collier County, Florida, consisting of232 +/-acres. C. OTHER I) Amend Ordinance 89-83, Summerwood PUD to address exotics removal requirements. 4 August 3, 1999 16.D.6.d Packet Pg. 1676 Attachment: BCC Agenda 08.03.99 Item 16A14 page 6 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 2) Amend the Rental Registration section of the Collier County Housing Authority Ordinance to reflect administrative improvements to the program. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) THIS ITEM WAS CONTINUED FROM THE JUNE 22, 1999 MEETING. Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A. representing Gulf Coast Building Association, requesting approval of off- street parking for property described as Lot 46, Cypress Woods Estates Plat #2, to serve the existing businesses located at 3838 North Tamiami Trail, Section 22, Township 49 South, Range 25 East, Collier County, Florida. 2) THIS ITEM WAS CONTINUED FROM THE JUNE 22, 1999 MEETING. Petition PR-99-1 Emilio J. Roubau, P.E., ofRWA Inc., representing Hideout Golf Club, Ltd., requesting reservation of land for off-street parking, having an equivalent capacity of 43 parking spaces for a private golf club, located on Brantley Boulevard in Sections 24 and 25, Township 49 South, Range 26 East, Collier County, Florida. 3) Petition V-99-10, Anthony P . Pires, Jr., Esquire, of Woodward, Pires, & Lombardo, PA, representing Tina M. Osceola, requesting an after-the-fact variance of 13.6 feet from the required front yard setback of 30 feet to 16 .4 feet for property located at 4447 29 1• Avenue SW, further described as Lot 18 , Block 101, Golden Gate Unit 3, in Section 27, Township 49 South, Range 26 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENT AL SERVICES 1) Approval of utility easements for water and sewer facilities for Pebblebrooke Lakes, Phase 1. 2) Assignment Agreement for easement for Fiddler's Creek, Phase 1-B, .Unit 3 3) Authorize a 50o/. waiver/50o/. deferral of impact fees for one house to be built by Elvin Urbina and Maria Pineda in Naples Manor Annex, Collier County. 4) Authorization of a 75% deferral of impact fees for one house to be built by Zenorino Labra and Maria N. Labra at 5342 Carlton Street in Naples Manor Addition, Collier County. 5 August 3 , 1999 16.D.6.d Packet Pg. 1677 Attachment: BCC Agenda 08.03.99 Item 16A14 page 6 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 5) Authorization of 100% waiver of impact fees for three very low income single family houses to be built in Naples Manor, Collier County, by Habitat for Humanity of Collier County, Inc. 6) Request to approve for recording the final plat of "Olde Cypress, Unit One, Block 9" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Recommendation to approve Commercial Excavation Permit No. 59.696 J & D Grading and Hauling Excavation located in Section 30, Township 48 South, Range 28 East: bounded on the north by vacant lot, on the east by vacant lot, on the south by 56'b Avenue NE Right-of-way and on the west by canal right-of- way. 8) Request to approve for recording the final plat of "Pelican Strand Replat -7" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 9) Recommendation to approve Commercial Excavation Permit No. 59.687, "Whippoorwill Woods Land Trust Commercial Excavation and Homesite" located in Section 22, Township 48 South, Range 28 East; bounded on the north, east, south, and west by vacant land zoned Estates, and also on the east by Desoto Boulevard, and on the north by C.R. 858 and the Winchester Lake Fill Pit. 10) RECONSIDERATION AS DIRECTED AT THE JUNE 22, 1999 MEETING. 11) 12) 13) 14) - 15) 16) 17) Recommendation to approve Commercial Excavation Permit No. 59.690, "Everglades Boulevard Lake and Homesite" located in Section 18, Township 48 South, Range 28 East: bounded on the north, east, south, and west by vacant land zoned Estates and also on the east by Everglades Boulevard. Authorize the remittance of the balance of funds received from private donations and allocated to the Building Immokalee Together Project (#01700) to the Immokalee Main Street Organization and approve the necessary budget amendment. Interlocal Agreement between the City of Naples and Collier County for contractor licensing by Collier County. Request to approve for recording the final plat of "Crown Pointe Shores Two" Authorization of 100% waiver of impact fees for one very low income single family house to be built in the Seminole Subdivision in Immokalee, Collier County, by Habitat for Humanity of Collier County, Inc. Authorization of 100% waiver of impact fees for nine very low income single family houses to be built in Naples Manor, Collier County, by Habita_t for Humanity of Collier County, Inc. Approve an extension to the Tourism Advertising and Promotion Agreement between Collier County and the Tourism Alliance o( Collier County. Request to approve for recording the final plat of "Golden Acres" 6 August 3, 1999 16.D.6.d Packet Pg. 1678 Attachment: BCC Agenda 08.03.99 Item 16A14 page 6 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) -- COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 23, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR 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 BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAffiWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION -Pastor James Honig, Grace Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. January 26, 1999 -Regular meeting. B. January 27, 1999 -Special meeting. C. February 1, 1999 -Workshop. February 23, 1999 16.D.6.e Packet Pg. 1679 Attachment: BCC Agenda 02.23.99 Item 16A4 page 7 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) D. February 2, 1999 -Workshop. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the year of 1999 as The George Washington Bicentennial Year in Collier County. To be accepted by Ms. Frances Barsh, Chainvoman, George Washington Bicentennial Commemorative Committee. 2) Proclamation proclaiming the week of February 28 -March 6, 1999 as Emergency Planning and Community Right-To-Know Act Awareness Week in Southwest Florida ('EPCRA") Weck. To be accepted by Mr. Ken Pineau, Collier County Emergency Manager. 3) Proclamation proclaiming the week of March 8 -12, 1999 as National School Counseling Weck in Collier County. To be accepted by Ms. Kathy Thomson, Center Director, Sylrnn Learning Center. 4) Proclamation recognizing the volunteers of the Veterans Transportation Senice. To be acce1>ted by Mr. Ronald Scott, President, Collier County Veterans Council. 5) Proclamation recognizing Mr. Roy McTarnaghan, President, Florida Gulf Coast Unh·ersity. B. SERVICE A WARDS 1) Valdemar Prince, Transportation -25 )'Cars C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES l) A report to the Board regarding issues of invasive exotic plants in Collier County. 2) Request to authorize dredging of Clam Pass and the Clam Bay System and attendant placement of material in advance of formal action to grant required Coastal Construction Setback Line variances. 3) Petition C-99-2, Golden Gate Area Chamber of Commerce requesting a permit to conduct a festival (Frontier Days) from Februal")' 26 through 28, 1999 on County owned property west of the Golden Gate Community Center. 2 February 23, 1999 16.D.6.e Packet Pg. 1680 Attachment: BCC Agenda 02.23.99 Item 16A4 page 7 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) ·- - 4) Petition C-99-1 Collier County Parks and Recreation requesting a permit to conduct a carnival (lmmokalee Han'est Festival) from March 4 through March 7, 1999 at the Immokalee Airport Park located on SR-29 B. PUBLIC WORKS 1) Review Hearing for an Appeal of Road and EMS Impact Fees for the remodeling of former Commercial Retail Use to Restaurant Use for the Mangrove Cafe, Inc. 2) Approve an Agreement with the Florida Department of Transportation (FDOn for the construction of a sidewalk along U.S. 41 from Courthouse Shadows East to Rattlesnake Hammock Road. 3) Obtain Board direction on provision of Sewer Service to the Isle of Capri. 4) Consideration and approval of Irrigation Water Supply Joint Participation Agreement. C. PUBLIC SERVICES 1) Amend the Skate Park Concession Agreement. D. SUPPORT SERVICES 1) CONTINUED FROM FEBRUARY 9, 1999 MEETING. Authorization to Request Competitive Proposals for the Construction of an Office Building. E. COUNTY ADMINISTRATOR 1) Discussion regarding topics for the 1999 Annual Citizens' Telephone Survey. 2) Discussion regarding a proposal to hold Commission workshops in each Commission district. 3) Presentation of two new internal training initiatives entitled .. Collier College" and "Learn to Lead". 4) Presentation of .. County Purchasing Card Program" initiative. 5) Presentation regarding infrastructure sales surtaL F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Development Services Advisory Committee. B. Direction from Board regarding Tourist Development Council appointment. c. Recommendation to declare a vacancy on the Bayshore-Avalon Beautification MSTU Advisory Committee. 3 February 23 , 1999 16.D.6.e Packet Pg. 1681 Attachment: BCC Agenda 02.23.99 Item 16A4 page 7 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) - D. Appointment of members to the Collier County Code Enforcement Board. E. A Resolution of the Board of County Commissioners of Collier County, Florida, Reaffirming Resolution No . 98 -62, Resolution for Repeal of Preemption Language in the Florida Clean Indoor Air Act, Chapter 386, Part II, Florida Statutes. F. Discussion regarding "Hurricane Jane's". 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS . PUBLIC HEARINGS WILL BE HEARD JMMEDIATEL Y FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS -BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Adoption Hearing for the 1998 Growth Management Plan Amendments Transportation Element: Amend Table V, the Collier County Transportation Data Base, and rnrious Transportation Maps within said Element 2) Capital Improvement Element: Amend policy 1.1.5 of the Capital Improvement Element (CIE) to reflect changes in levels of sen·ice to certain capital facilities and amend and update the Capital Improvement Schedule of the CIE. 3) Petition CP-98-01: Amend the Future Land Use Element and Future Land Use Ma11, by adding a new Subdistrict entitled the Goodlette/Pine rudge Commercial Infill Subdistrict. 4) Future Land Use Element: Amend the Future Land Use Element b)' eliminating the "Commercial Under Criteria" provision and replacing it with a new provision entitled "Office and In-fill Commercial Subdistrict". 5) Petition CP-98-03: Amend the Golden Gate Area Master Plan by increasing the acreage requirements of the Pine rudge/CR 951 Neighborhood Center and by modifying access and buffering requirements of the Neighborhood Center. 6) Petition CP-98-04: Amend the Golden Gate Area Master Plan by creating a new Subdistrict entitled "Santa Barbara Commercial Subdistrict." B. ZONING AMENDMENTS 1) Petition PUD-98 -18, Dwight Nadeau of McCanly Engineering and Design, Inc., representing Section Thirty Corporation LLC, requesting a rezone from its current zoning classification of "A" Agricultural to "PUD" Planned Unit deYelopment to be known as Lhfogston Lakes PUD. The subject property is located on the east side of proposed LMngston Road approximately 700 feet south of Immokalce Road consisting of 46. 73 acres. 2) Petition R-98-8 John P . Asher, P.E., of Coastal Engineering Consultants, Inc., representing Gertrude M. Abele, requesting a rezone from "E" Estates to "C- 4" General Commercial, for property located on the southwest comer of the intersection of Davis Boulevard (SR-84) and Santa Barbara Boulevard Extension, in Section 8, Township 50 South, Range 25 East, Collier County, Florida, consisting of 19 .68 +/-acres. 4 February 23, 1999 16.D.6.e Packet Pg. 1682 Attachment: BCC Agenda 02.23.99 Item 16A4 page 7 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) - 3) Petition PUD-82-16(1) Karen Bishop of PMS, Inc. of Naples, representing Henry Krehling, by changing the zoning classification from PUD to PUD Planned Unit Development for the purposes of complying with sunsetting provisions of the Land Development Code by updating the PUD document and Master Plan to current Land Development Code requirements, adding commercial and light industrial uses to the list of authorized uses and reconfiguring the PUD Master Plan, for property generally located southeast of the intersection of U.S. 41 and Old U.S. 41, Yi mile east of U.S. 41 at the eastern terminus of Wiggins Pass Road, in Section 15, Township 48 South, Range 26 East, Collier County, Florida. 4) CONTINUED FROM FEBRUARY 9, 1999 MEETING. Petition PUD-98-17 Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman, requesting a rezone from "A., Rural Agriculture to "PUD., Planed Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on the north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 +/-acres. C. OTHER 1) CONTINUED INDEFINITELY. Petition SNR-98-7, Donna Devlin, requesting a street name change from 24•b Avenue SW to Star Grass Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 2) CONTINUED INDEFINITELY. Petition SNR-98-8, Donna Devlin, requesting a street name change from 22 1h Avenue SW to Sea Grass Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 3) CONTINUED INDEFINITELY. Petition SNR-98-9, Donna Devlin, requesting a street name change from 20•& Avenue SW to Westport Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 4) CONTINUED INDEFINITELY. Petition SNR-98-10, Donna Devlin, requesting a street name change from 181 & Avenue SW to Cedar Tree Lane, located in Golden Gate Estates Unit 31, in Section 20, Township 49 South, Range 26 East. 5) CONTINUED INDEFINITELY. Petition SNR-98-12, Donna Devlin, requesting a street name change from 261& Avenue SW to Copper Leaf Lane, located in Golden Gate Estates Unit 30, in Section 29, Township 49 South, Range 26 East. 6) CONTINUED INDEFINITELY. Petition SNR-98-13, Donna Devlin, requesting a street name change from 28 1 b Avenue SW to Painted Leaf Lane, located in Golden Gate Estates Unit 30, in Section 29, Township 49 South, Range 26 East. 7) Recommendation to appro\'e a Resolution electing to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments levied on eleven lots located on the south sicle of Golden Gate Parkway east from Santa Barbara Boulevard to 53n1 Street Southwest located in the unincorporated area of the 5 February 23 , 1999 16.D.6.e Packet Pg. 1683 Attachment: BCC Agenda 02.23.99 Item 16A4 page 7 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) - County; stating a need for such levy; prO\·iding for the mailing or the resolution; and 1>roviding for an effective date. 8) DUE TO ADVERTISING ERROR, THIS ITEM IS BEING READVERTISED AND CONTINUED TO THE 3/9/99 MEETING: An Ordinance providing for the establishment of more stringent local ethics standards and for enforcement thereof; providing for title and citation; providing for findings; providing for definitions; pro,,iding for reporting and prohibited receipt or gifts by individuals filing full or limited public disclosure or financial interests and by procurement employees; providing for lobbyist registration; providing for post-employment restrictions; providing for supplemental 1>rO\'isions; providing for penalties; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-98-24, Margaret Perry, AJCP, representing Girardin, Baldwin and Associates, LLP, requesting a 15 foot variance from the required 15 foot rear yard to 0 feet for carports for an office building located at 5147 Castello Drive in North Naples. 2) Petition V-98-25, Todd Nicusanti, Nicusanti Building Corporation, representing Curt A. Sahlsten, requesting an after-the-fact \'ariance of 5 feet from the required front yard sctbacl< of 30 feet to 25 feet for 1>roperty located at 273 Johnnycake Dri,·e, further described as Lot 6, Johnnycake Cove, in Section 24, Township 48 South, Range 25 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA -All matters listed under this item arc 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorize the Chaim·oman to sign the Agreement for the Florida Department of Environmental Protection Artificial Reef Grant. 2) Resolution authorizing the County Administrator to submit a $750,000 Economic DeYelopment Grant application to the Florida Department of Community Affairs. 3) Request to approve for recording the final plat of "Kathleen Court", and appro\'al of the performance security. 6 February 23 , 1999 16.D.6.e Packet Pg. 1684 Attachment: BCC Agenda 02.23.99 Item 16A4 page 7 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 4) Budget amendment for the Shellabarger Park Infrastructure Improvement Project. 5) Request to grant final acceptance of the roadwa)', drainage, water and sewer improvements for the final plat of "Villages at W)•ndemere". 6) Budget amendment for the Tourism De\'elopment, Advertising and Promotions category Visit Naples, Inc. 7) ApprO\·al of Work Order PB-98-3 for the furnishing and installation of dehumidification equipment at the De\'elopment Services Building. 8) Request to approve the final plat of "Villas at Greenwood Lake" 9) Request to approve for recording the final plat of "Mashie Court at the Estates at Bay Colony Golf Club", and appro\'al of the performance security. 10) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Village Walk Phase Five" 11) Request to approve for recording the final plat of "Island Walk Phase Two" and apprornl of the performance security 12) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Village Walk Phase Six" 13) Request to grant final acceptance of the roadway, drainage, water and sewer im1>ro\'ernents for the final plat of "Village Walk Phase Four" 14) Authorization of a 100% wah·er of all im1>act fees for nine \'cry low income single family houses to be built in the Seminole subdivision in Immokalee by Habitat for Humanit~· of Collier County, Inc. 15) Authorization of a 100% waiver of all im1>act fees for eight very low income single family houses to be built in Naples Manor by Habitat for Humanity of Collier County, Inc. 16) Budget amendment transferring funds from Permit Fee Resenies for the purchase of a vehicle and machinery. B. PUBLIC WORKS 1) This item has been deleted. 2) Approve the J>urchase of two (2) Model TL 70 Tractors and one (1) Model 555E Backhoe/Loader under Florida State Contract #765-90-98-1. 3) Consultant Selection Ranking for the design of Livingston Road from Golden Gate Parkway to Vanderbilt Beach Road (Project Nos. 60071 and 62071) (CIE Nos. 52 and 58). 4) Approve a Budget Amendment and award Bid No. 98-2885 to Central Florida Landscaping, Inc. (as amended and conditioned through negotiations) for the Davis Boule\'ard Phase II Median Landscaping Im1irovement Project Between Airport-Pulling Road and County Barn Road. 7 February 23 , 1999 16.D.6.e Packet Pg. 1685 Attachment: BCC Agenda 02.23.99 Item 16A4 page 7 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 5) Lely Area Stormwatcr lmprO\'ement Project -Phase l Design Professional Sen•ices Agreement with Agnoli, Barber and Brundage, Inc. (Project No. 31101). 6) Livingston Road Construction Engineering Inspection Professional Sen·ices Agreement with Kisinger Campo and Associates Corp. (Project No. 60061) (CIE No. 53). 7) A1>prove a Budget Amendment for Public Works Recruitment Ad,·ertising. 8) Request aJll>roval to waive Landfill Disposal Fees for Lot Clearing in the "Build A Home for George Project" in Immokalee. C. PUBLIC SERVICES 1) Authorization to renegotiate an agreement with the Collier County Veterinary Society, Inc., to 1>ro\'ide the Domestic Animal Sen·ices Department with emergency animal medical sen•ices, physicals and neuter/spay operations for animals adopted from the County shelter. 2) CONTINUED FROM FEBRUARY 9, 1999 MEETING. Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests for properties adjacent to the existing landfill in Townshi1> 49S, Range 26E, Section 25 for public recreational purposes. 3) Approve the purchase of playground equipment. 4) Enter into a Memorandum of Understanding with the Florida Cooperative Extension SerYices, Unh·ersity of Florida to further enhance the cooperative relationship existing between Collier Count~' and the Extension Service.- D. SUPPORT SERVICES 1) This item has been deleted. 2) Approve the Purchase of a Backup Battery Rack and Battery Monitoring System for the Administration Building. 3) Award Bid No. 98-2890 for the Purchase of Medical Equipment for the Emergency Medical Sen·iccs Department. 4) Approval and Execution for Satisfactions of Claim of Liens for Water and/or Sewer S)·stem Impact Fees. 5) Request Approval to Purchase Maintenance and Software Sen'ices for the 800 MHz Radio System for Three Years Utilizing Terms and Conditions Established in Contract 94-2201 . 6) Renewal and Approval of Pre-Qualified List of Appraisers and Appraisal Firms for Real Estate Appraisal and Valuation Services. 7) This item has been deleted. 8) This item has been deleted . 8 February 23, 1999 16.D.6.e Packet Pg. 1686 Attachment: BCC Agenda 02.23.99 Item 16A4 page 7 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, December 14, 1999 9:00 a.m. Clerk T o Th e BoardfM K Admin/4th Floor . enyo n FP CVIN 3 1 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PR/ORTO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE . PLEASE CONT ACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION -Father William Kehayes, St. Katherine's Orthodox Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS -A. APPROVAL OF CONSENT AGENDA. December 14 , 1999 -------------.....--- 16.D.6.f Packet Pg. 1687 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) -· B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. November 9, 1999-Regular Meeting B. November 23, 1999 -Regular Meeting 5. PROCLAMATIONS AND SERVICE AW ARDS A. PROCLAMATIONS 1) Proclamation recognizing Friends of the Collier County Museum, Museum of the Everglades and Roberts' Ranch. To be accepted by Ms. Liesa Priddy, President, Friends of Roberts' Ranch; Ms. Claudia Davenport, President- Elect, Friends of the Museum of the Everglades; Mr. Ron Mangold, President, Friends of the ColJier County Museum and Ms. Donna Ridewood, Manager, Collier County Museum 2) Proclamation recognizing Mr. Gil Mueller. To be accepted by Mr. Gil Mueller. 3) Proclamation renaming Goodland Bay to Buzzards' Bay South. B. SERVICEAWARDS 1) C. J, McPherson, Parks & Recreation, 15 Years 2) Marilyn Norris, Library , 10 Years 3) Margaret Wright, Building Review & Permitting, 10 Years 4) Barbara Burgeson, Planning Services, 10 Years 2 December 14 , 1999 16.D.6.f Packet Pg. 1688 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) .-... 5) Jerre Salmon, Human Resources, 10 Years 6) Joseph Griffith, Jr., Road & Bridge, 10 Years 7) Marta Piecuch, Parks & Recreation, 5 Years 8) Ann Catherine Viets, Library, 5 Years 9) Nancy Schaffer, Library, 5 Years 10) Helene Rossler, Services for Seniors, 5 Years ll)Judith Terilla, Revenue Service, 5 Years 12) Anne Cardenas, Purchasing, 5 Years 13) Stephen Chandler, Road & Bridge, 5 Years 14) Joyce Brantley, Traffic Operations, 5 Years C. PRESENTATIONS 1) Recommendation to recognize Julio Torres, Customer Service Representative II, Public Works Engineering Department, as Employee of the Year for 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Linda Friar representing the South Florida Ecosystem Restoration Task Force, Flnrida Internation a l Unive1·sity regarding a strategic planning initiative. 3 December 14, 1999 16.D.6.f Packet Pg. 1689 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) -- 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENT AL SERVICES 1) Resolution ordering and calling a referendum election to be held on March 14, 2000, within Collier County to determine by straw ballot if the qualified electors approve continuing the additional one percent Tourist Development Tax. 2) Approval of a temporary use permit to authorize temporary raising of hogs in the Estates zoning district for youth involved in 4-H projects in conjunction with the County Fair. 3) Proposal to prepare regulations to insure that properties in North Naples (Section 18 and 19, Township 49 South, Range 26 East) are developed in a coordinated manner with regard to public roads, storm drainage, water, and sewer utilities. B. PUBLIC WORKS 1) CONTINUED FROM 11/23/99: Recommendation that the Board of County Commissioners approve the staff selection of firms and authorize staff to negotiate agreements with firms for the Fixed Term Land Surveying and Photogrametric services (RFP 99-2981). 2) This item has been deleted. 3) This item has been deleted. 4) Approval of Agreement for delivery and supply of irrigation water. 5) Approve additional landscaping work for Davis Boulevard Phase II, based on clarifications to the Streetscape Master Plan (follow up to Agenda Item No. 8(B)1 on 9 November 1999}. 4 December 14, 1999 I . 16.D.6.f Packet Pg. 1690 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) - C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board authorize the Office of the County Attorney and the Risk Management Department to make an Offer of Judgment of $3,000.00 in Sadler v. Collier County, Case No. 98-4438-CA-HDH. 10. BOARD OF COUNTY COMMISSIONERS A. Resolution to rename Building Fas the W. Harmon Turner Building. (Commissioner Berry) NOTE: Sam Colding, Irving Benon and Aubrey Rogers to speak. B. Discussion of selection process of new County Administrator and designation of interim County Administrator. (Commissioner Mac'Kie) C. Appointment of member to the Immokalee Enterprise Zone Development Agency. D. Appointment of member to the Golden Gate Community Center Advisory Committee. s December 14 , 1999 16.D.6.f Packet Pg. 1691 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) E. Appointment of members to the Emergency Medical Services Advisory Council. F. Appointment of member to the Black Affairs Advisory Committee. G. This item has been deleted. H. Appointment of members to the Ocbopee Fire Control District Advisory Committee. I. Appointment of members to the Development Services Advisory Committee. J. Resolution to establish Collier County as a Community of Character. (Commissioner Mac'Kie) 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTIS·ED PUBLIC HEARINGS -BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-99-7, Bruce Anderson of Young, Van Assenderp, Varnadoe, and Anderson, representing the Naples Vanderbilt Land Trust, requesting a rezone from "A" Rural Agriculture and "E" Estates to "PUD" Planned Unit Development to be known as the PRC & M PUD for property located on the south side of Vanderbilt Beach Road (CR-862) and approximately one mile west of C.R. 951 in Section 4, Township 49 South, Range 26 East, Collier County, Florida. 6 December 14 , 1999 16.D.6.f Packet Pg. 1692 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) .. - 2) Petition PUD-98-13, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Collier Development Corporation, requesting a rezone for lands zoned "A" Rural Agriculture and "PUD' Planned Unit Development to "PUD" for a new Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidental facilities including a club house, 50,000 square feet of C-3 commercial uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of llllh Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 +acres. 3) THIS ITEM HAS BEEN CONTINUED TO THE JANUARY 11. 2000 MEETING. Petition PUD-90-17(1), Karen Bishop of Project Management Services, Inc., representing Bishop John Nevins, Diocese of Venice, requesting an amendment to a "PUD" Planned Unit Development, to provide additional facilities complimentary to the existing religious development known as the St. John The Evangelist Catholic Church PUD, on property located on the north side of lllth Avenue North approximately% mile west of U.S. 41 in Section 21, Township 48 South, Range 25 East, Collier County, Florida, consisting of 14 ±acres . C. OTHER 1) Adopt an Ordinance revising the Road Impact Fee Rate Schedule. 2) An Ordinance amending Collier County Ordinance No. 90-111, as amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit; Amending Section One and Section Four to provide for financing of landscaping beautification within that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road; providing for identification markers as an authorized power; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. 13. BOARD OF ZONING APPEALS 7 December 14, 1999 16.D.6.f Packet Pg. 1693 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) A. ADVERTISED PUBLIC HEARINGS 1) THIS ITEM WAS CONTINUED FROM THE NOVEMBER 23, 1999 MEETING AND IS FURTHER CONTINUED TO THE JANUARY 11. 2000 MEETING. Petition V-99-21, Jerry Neal, represe.nting Alfred Luckerbauer, requesting a 7.5 foot variance to the required 15 foot side setback for docking facilities to 7.5 feet for property located at 9 Pelican Street East, further described as Lot 40, Isles of Capri No. 1, in Section 32, Township 51 South, Range 26 East, Collier County, Florida. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COU NTY COMMISSIONERS' 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorization of a 75% deferral of impact fees for one house to be built by Scott W. Price, at 4110 6'h Street N.E., in Golden Gate Estates, Collier County. 2) Authorization of a 75% deferral of impact fees for one house to be built by Jorge M. Martinez and Amanda A. Martinez at 3640 22nc1 Avenue N.E., in Golden Gate Estates, Collier County, Florida. 3) Authorization of a 50% Waiver/50% Deferral of impact fees for one house to be built by Francisco F . Hernandez and Cristina Hernandez at 5205 Warren Street in Naples Manor Annex, Collier County, Florida. 8 December 14 , 1999 16.D.6.f Packet Pg. 1694 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) ·- -- 4) Authorization of 100% waiver of impact fees for two very low income single ,,z::!!!S-family houses to be built in the Seminole Subdivision in Immokalee, Collier County, by Habitat for Humanity of Collier County, Inc. 5) Authorization of 100% waiver of impact fees for six very low income single family houses to be built in Naples Manor, Collier County, by Habitat for Humanity of Collier County, Inc. 6) Authorization of a 50% Waiver/SO% Deferral of impact fees for one house to be built by Juan Marante at 3811 Golden Gate Boulevard in Collier County, Florida. 7) Authorization of a 75% deferral of impact fees for one house to be built by Christopher Santos-Cadow at 2160 47 111 Avenue, N. E. in Golden Gate Estates, Collier County. 8) Recommendation that the Board consider a resolution consenting to the exercise of special powers relating to Parks and Recreation and Security for the Cedar Hammock Community Development District. 9) Recommendation that the Board consider a resolution consenting to the exercise of special powers relating to Parks and Recreation and Security for the MeJiterra South Community Development District. 10) Recommendation that the Board of County Commissioners approve the short list of consultant teams and authorize staff to negotiate a contract for consultant services beginning with the number one ranked firm of Dover, Kohl and Partners to develop the Collier County Community Character and Design Master Plan. 11) To approve a resolution endorsing the Guadalupe Center as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. 12) Approve an agreement to accept an artificial reef grant from the Florida Fish and Wildlife Conservation Commission. 13) Approval of an agreement with the South Florida Water Management District to participate in water quality sampling for Florida Department of Environmental Protection (FDEP) Ambient Monitoring Program. 14) Award of RFP 99-2920 for electronic document management systems. 15) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Kensington Park, Phase 3A" 16) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Briarwood Unit Four" 9 December 14, 1999 16.D.6.f Packet Pg. 1695 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) - 17) Reques t to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Kensington Park, Phase Two" 18) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Briarwood Unit Three" 19) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Johnnycake Cove" 20) Request to grant final acceptance of the roadway, drainage, water and sewer improYements for the final plat of "Kensington Park, Phase 3B" 21) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Avila Unit One" 22) Request to approve for recording the final plat of "Grey Oaks Unit Fifteen, and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 23) Request to approve for recording the final plat of "Grey Oaks Unit Sixteen", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 24) Request to approve for recording the final plat of "Grey Oaks Unit Fourteen", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 25) Request to approve for recording the final plat of "Bentgrass Bend at the E s tates at Bay Colony Golf Club", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 26) Request to approve for recording the final plat of "Pebblebrooke Lakes Phase 2B". 27) Request to approve for recording the final plat of "Cayo Casta", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 28) Petition VAC 99-019 to disclaim, renounce and vacate the County's and the public's interest in a portion of a parcel of land conveyed to Collier County as a drainage easement recorded in Official Record Book 805, Pages 758 through 759 , and to accept a 15' wide drainage easement as a replacement easement. Located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. 10 December 14 , 1999 16.D.6.f Packet Pg. 1696 Attachment: BCC Agenda 12.14.99 Item 16A4 page 9 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 16.D.6.g Packet Pg. 1697 Attachment: BCC Agenda 02.08.00 Item 16A6 page 8 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 16.D.6.g Packet Pg. 1698 Attachment: BCC Agenda 02.08.00 Item 16A6 page 8 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 16.D.6.g Packet Pg. 1699 Attachment: BCC Agenda 02.08.00 Item 16A6 page 8 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 16.D.6.g Packet Pg. 1700 Attachment: BCC Agenda 02.08.00 Item 16A6 page 8 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 16.D.6.g Packet Pg. 1701 Attachment: BCC Agenda 02.08.00 Item 16A6 page 8 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 16.D.6.g Packet Pg. 1702 Attachment: BCC Agenda 02.08.00 Item 16A6 page 8 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 16.D.6.g Packet Pg. 1703 Attachment: BCC Agenda 02.08.00 Item 16A6 page 8 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision) 16.D.6.g Packet Pg. 1704 Attachment: BCC Agenda 02.08.00 Item 16A6 page 8 (3468 : Release of Lien SHIP Impact Fees-Seminole Subdivision)