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Agenda 03/27/2018 Item #16D 1
03/27/2018 EXECUTIVE SUMMARY Recommendation to approve a Release of Lien to combine release of 39 separate liens for a combined amount of $186,291.98 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 Program. OBJECTIVE: To support the affordability of housing in Collier County through the SHIP Impact Fee Program. CONSIDERATIONS: Under the prior impact fee waiver and deferral program, provided by the individual impact fee ordinances, prior to consolidation, the County deferred or waived the payment of the impact fees for certain new owner-occupied unit which qualified as affordable housing. On August 1, 2000, Agenda Item 16A2, the Board of County Commissioners (Board) approved the waiver of Impact Fees for thirty (30) houses to be built by Habitat for Humanity in Carson Lakes. Fifteen (15) additional homes were built using the Impact Fee Waiver, which authorize s the County Manager to enter into an Agreement for Waiver of Collier County Impact fees with the applicant. The SHIP Program paid the required impact fees in full to the County on behalf of the SHIP applicants for the forty-five (45) aforementioned homes. Repayment was required if the property was no longer affordable or if the property was sold, refinanced, or no longer their primary residence during the 15-year period after the issuance of the certificate of occupancy. The following table provides details regarding Habitat for Humanity of Collier County, Inc. and the associated liens that have met their 15-year affordable housing obligation. As such, a Release of Lien is required. Approval of these items will authorize the Chairman to sign the aforementioned Release of Lien, and the executed document shall be recorded in the Public Records of Collier County, Florida at the cost of the County. Impact Fee Waiver Date CO Date 15-Year Affordability End Date Legal* Subdivision Impact Fee (OR/PG) Impact Fee Amount 11/5/2001 12/30/2002 12/30/2017 Lot 1 Carson Lakes 2929/0755 $4,848.82 11/5/2001 12/30/2002 12/30/2017 Lot 2 Carson Lakes 2935/0763 $4,848.82 11/5/2001 12/30/2002 12/30/2017 Lot 3 Carson Lakes 2935/0755 $4,848.82 11/5/2001 8/30/2002 8/30/2017 Lot 5 Carson Lakes 2934/2616 $4,848.82 11/5/2001 8/30/2002 8/30/2017 Lot 6 Carson Lakes 2934/2608 $4,848.82 7/17/2001 6/21/2002 6/21/2017 Lot 7 Carson Lakes 2864/0616 $4,848.82 7/17/2001 6/21/2002 6/21/2017 Lot 8 Carson Lakes 2864/0608 $4,848.82 7/17/2001 6/20/2002 6/20/2017 Lot 9 Carson Lakes 2864/0600 $4,848.82 8/1/2000 5/8/2002 5/8/2017 Lot 10 Carson Lakes 2707/2263 $4,736.34 8/1/2000 4/29/2002 4/29/2017 Lot 11 Carson Lakes 2707/2269 $4,736.34 8/1/2000 4/22/2002 4/22/2017 Lot 13 Carson Lakes 2707/2281 $4,736.34 8/1/2000 4/22/2002 4/22/2017 Lot 14 Carson Lakes 2707/2287 $4,736.34 8/1/2000 4/22/2002 4/22/2017 Lot 15 Carson Lakes 2707/2395 $4,736.34 16.D.1 Packet Pg. 982 03/27/2018 8/1/2000 3/6/2002 3/6/2017 Lot 16 Carson Lakes 2707/2401 $4,736.34 8/1/2000 3/26/2002 3/26/2017 Lot 17 Carson Lakes 2707/2407 $4,736.34 8/1/2000 3/26/2002 3/26/2017 Lot 18 Carson Lakes 2707/2413 $4,736.34 8/1/2000 1/24/2001 1/24/2016 Lot 20 Carson Lakes 2707/2425 $4,736.34 8/1/2000 3/20/2001 3/20/2016 Lot 21 Carson Lakes 2707/2431 $4,736.34 8/1/2000 3/20/2001 3/20/2016 Lot 22 Carson Lakes 2707/2437 $4,736.34 8/1/2000 4/17/2001 4/17/2016 Lot 23 Carson Lakes 2707/2443 $4,736.34 8/1/2000 4/17/2001 4/17/2016 Lot 24 Carson Lakes 2707/2449 $4,736.34 8/1/2000 4/17/2001 4/17/2016 Lot 27 Carson Lakes 2707/2641 $4,736.34 8/1/2000 4/17/2001 4/17/2016 Lot 28 Carson Lakes 2707/2647 $4,736.34 8/1/2000 4/18/2001 4/18/2016 Lot 29 Carson Lakes 2707/2653 $4,736.34 8/1/2000 6/14/2001 6/14/2016 Lot 30 Carson Lakes 2707/2659 $4,736.34 8/1/2000 6/14/2001 6/14/2016 Lot 31 Carson Lakes 2707/2665 $4,736.34 8/1/2000 6/14/2001 6/14/2016 Lot 32 Carson Lakes 2707/2671 $4,736.34 8/1/2000 6/14/2001 6/14/2016 Lot 33 Carson Lakes 2707/2677 $4,736.34 8/1/2000 5/8/2002 5/8/2017 Lot 35 Carson Lakes 2707/2689 $4,736.34 8/1/2000 12/4/2001 12/4/2016 Lot 36 Carson Lakes 2707/2233 $4,736.34 8/1/2000 5/8/2002 5/8/2017 Lot 37 Carson Lakes 2707/2239 $4,736.34 8/1/2000 12/28/2001 12/28/2016 Lot 38 Carson Lakes 2707/2245 $4,736.34 8/1/2000 12/21/2001 12/21/2016 Lot 39 Carson Lakes 2707/2251 $4,736.34 7/17/2001 8/12/2002 8/12/2017 Lot 41 Carson Lakes 2864/0592 $4,848.82 7/17/2001 6/26/2002 6/26/2017 Lot 42 Carson Lakes 2864/0656 $4,848.82 11/5/2001 12/5/2002 12/5/2017 Lot 43 Carson Lakes 2934/2600 $4,848.82 11/5/2001 12/5/2002 12/5/2017 Lot 44 Carson Lakes 2934/2592 $4,848.82 11/5/2001 12/5/2002 12/5/2017 Lot 45 Carson Lakes 2934/2584 $4,848.82 11/5/2001 12/30/2002 12/30/2017 Lot 46 Carson Lakes 2934/2576 $4,848.82 Total $186,291.98 *Waived impact fees for Lots 4, 19, 25, 34 and 40 have been repaid to the County by Habitat and the liens have been released by the Board. The Board will be requested to release Lot 12 at a future meeting. 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 33525.1. LEGAL CONSIDERATIONS: This Item is approved for form and legality and required a majority vote for Board approval. -JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To approve and authorize the Chairman to sign the Release of Lien for a combined amount of $186,291.98 for 39 properties developed by Habitat for Humanity of Collier County, Inc. that have remained affordable for the required 15-year period for the Impact Fee Waivers set forth in the SHIP Program. Prepared By: Wendy Klopf, Operations Coordinator, Community & Human Services Division 16.D.1 Packet Pg. 983 03/27/2018 ATTACHMENT(S) 1. Release of Lien-HfH-Carson Lakes 39 Units CAO stamp (PDF) 2. SHIP IF Carson Lakes 39 units backup (XLSX) 3. (Linked) SHIP Impact Fees Carson Lakes Lots combined (PDF) 4. Homestead Verification Carson Lakes 39 units (PDF) 16.D.1 Packet Pg. 984 03/27/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 4675 Item Summary: Recommendation to approve a Release of Lien to combine release of 39 separate liens for a combined amount of $186,291.98 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 Program. Meeting Date: 03/27/2018 Prepared by: Title: Operations Coordinator – Community & Human Services Name: Wendy Klopf 01/26/2018 1:49 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 01/26/2018 1:49 PM Approved By: Review: Community & Human Services Leslie Davis Additional Reviewer Completed 03/05/2018 9:20 AM Community & Human Services Kristi Sonntag Additional Reviewer Completed 03/05/2018 10:18 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 03/06/2018 12:13 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 03/06/2018 4:27 PM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 03/07/2018 11:46 AM Community & Human Services Lisa Carr Additional Reviewer Completed 03/07/2018 3:20 PM Public Services Department Kimberley Grant Additional Reviewer Completed 03/08/2018 12:36 PM Public Services Department Todd Henry Level 1 Division Reviewer Completed 03/08/2018 1:03 PM Grants Erica Robinson Level 2 Grants Review Completed 03/09/2018 1:50 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/12/2018 4:48 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/13/2018 7:53 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/13/2018 8:30 AM Budget and Management Office Ed Finn Additional Reviewer Completed 03/13/2018 8:55 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/13/2018 8:59 AM Grants Therese Stanley Additional Reviewer Completed 03/16/2018 1:31 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/18/2018 5:13 PM 16.D.1 Packet Pg. 985 03/27/2018 Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM 16.D.1 Packet Pg. 986 Prepared by: Wendy Klopf Collier County Community & Human Services Division 3339 E. Tamiami 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 $186,291.98 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 - ----------·' 2018, Agenda Item Number ____ _ ATTEST: DWIGHTE.BROCK,CLERK , DEPUTY CLERK Approval for form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ____________ _ ANDY SOLIS, CHAIRMAN 16.D.1.a Packet Pg. 987 Attachment: Release of Lien-HfH-Carson Lakes 39 Units CAO stamp (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) EXHIBIT A Various lots as listed below for, Carson Lakes Subdivision, As Recorded in Plat Book 34, Pages 94 through 96, inclusive, of the Public Records of Collier County, Florida. Habitat for 12/30/2002 12/30/2017 Lot 1 Carson Lakes Humani 2929/755 $4,848.82 Habitat for 12/30/2002 12/30/2017 Lot2 Carson Lakes Humani 2935/763 $4,848.82 Habitat for 12/30/2002 12/30/2017 Lot3 Carson Lakes Humani 2935/755 $4,848.82 Habitat for 8/30/2002 8/30/2017 Lot 5 Carson Lakes Humani 2934/2616 $4,848.82 Habitat for 8/30/2002 8/30/2017 Lot 6 Carson Lakes Humani 2934/2608 $4,848.82 Habitat for 612112002 6/21/2017 Lot7 Carson Lakes Humani 2864/0616 $4,848.82 Habitat for 6/21/2002 6/21/2017 Lot 8 Carson Lakes Humani 2864/0608 $4,848.82 Habitat for 6/20/2002 6/20/2017 Lot9 Carson Lakes Humani 2864/600 $4,848.82 Habitat for 5/8/2002 5/8/2017 Lot 10 Carson Lakes Humani 2707/2263 $4,736.34 Habitat for 4/29/2002 4/29/2017 Lot 11 Carson Lakes Humani 2707/2269 $4,736.34 Habitat for 4/22/2002 4/22/2017 Lot 13 Carson Lakes Humani 2707/2281 $4,736.34 Habitat for 4/22/2002 4/22/2017 Lot 14 Carson Lakes Humani 2707/2287 $4,736.34 Habitat for 4/22/2002 4/22/2017 Lot 15 Carson Lakes Humani 2707/2395 $4,736.34 Habitat for 3/6/2002 3/6/2017 Lot 16 Carson Lakes Humani 2707/2401 $4,736.34 Habitat for 3/26/2002 3/26/2017 Lot 17 Carson Lakes Humani 2707/2407 $4,736.34 Habitat for 3/26/2002 3/26/2017 Lot 18 Carson Lakes Humani 2707/2413 $4,736.34 Habitat for 1/24/2001 1/24/2016 Lot20 Carson Lakes Humani 2707/2425 $4,736.34 Habitat for 3/20/2001 3/20/2016 Lot21 Carson Lakes Humani 2707/2431 $4,736.34 Habitat for 3/20/2001 3/20/2016 Lot22 Carson Lakes Humani 2707/2437 $4,736.34 Habitat for 4/17/2001 4/17/2016 Lot23 Carson Lakes Humani 2707/2443 $4,736.34 Habitat for 4/17/2001 4/17/2016 Lot24 Carson Lakes Humani 2707/2449 $4,736.34 Habitat for 4/17/2001 4/17/2016 Lot 27 Carson Lakes Humani 2707/2641 $4,736.34 e> 16.D.1.a Packet Pg. 988 Attachment: Release of Lien-HfH-Carson Lakes 39 Units CAO stamp (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) Habitat for 4117/2001 4/17/2016 Lot28 Carson Lakes Humanity 2707/2647 $4.736.34 Habitat for 4/18/2001 4/18/2016 Lot29 Carson Lakes HumaQitv 2707/2653 $4.736.34 Habitat for 6/14/2001 6/14/2016 Lot30 Carson Lakes Humanity 2707/2659 $4.736.34 Habitat for 6/14/2001 6/14/2016 Lot31 Carson Lakes Humanity 2707/2665 $4.736.34 Habitat for 6/14/2001 6/14/2016 Lot32 Carson Lakes Humanity 2707/2671 $4 .. 736.34 Habitat for 6/14/2001 6/1412016 Lot33 Carson Lakes Humanity 2707/2677 $4,736.34 Habitat for 5/8/2002 5/8/2017 Lot35 Carson Lakes Humanity 2707/2689 $4,736.34 Habitat for 12/4/2001 12/4/2016 Lot36 Carson Lakes Humanity 2707/2233 $4,736.34 Habitat for 5/8/2002 5/8/2017 Lot37 Carson Lakes Humanity 2707/2239 $4,736.34 Habitat for 12/28/2001 12/28/2016 Lot38 Carson Lakes Humanity 2707/2245 $4,736.34 Habitat for 12/21/2001 12/21/2016 Lot39 Carson Lakes Humanity 2707/2251 $4,736.34 Habitat for 8112/2002 8/12/2017 Lot41 Carson Lakes Humanity 2864/592 $4.848.82 Habitat for ' 6/26/2002 6/26/2017 Lot42 Carson Lakes Humanity 28641656 $4,848.82 Habitat for 121512002 12/5/2017 Lot43 Carson Lakes Humanity 2934/2600 $4,848.82 Habitat for 12/5/2002 12/5/2017 Lot44 Carson Lakes Humanity 2934/2592 $4,848.82 Habitat for 12/5/2002 12/5/2017 Lot45 Carson Lakes Humanity 2934/2584 $4,848.82 Habitat for 12/30/2002 12/30/2017 Lot46 Carson Lakes Humanity 2934/2576 $4.848.82 $186,291.98 16.D.1.a Packet Pg. 989 Attachment: Release of Lien-HfH-Carson Lakes 39 Units CAO stamp (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) Impact Fee Waiver date CO date 15 year affordabilty end date Legal Resolution Subdivision Organization Name Folio Address Current Owner Same Person Y or N Homestead Y or N Impact Fee (OR/Pg ) Type of IF l Impact Fee Amount Impact Fee Amouint 11/5/2001 12/30/2002 12/30/2017 Lot 1 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800187 3595 CARSON LAKES CIR CEPHAT, JOSEPH W & IDORIA DURE Y Y 2929/755 100%4,848.82$ $4,848.82 11/5/2001 12/30/2002 12/30/2017 Lot 2 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800200 3591 CARSON LAKES CIR CLEMENT, VERCIUS Y Y 2935/763 100%4,848.82$ $4,848.82 11/5/2001 12/30/2002 12/30/2017 Lot 3 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800226 3587 CARSON LAKES CIR GONZALEZ, JUAN & LETICIA Y Y 2935/755 100%4,848.82$ $4,848.82 11/5/2001 8/30/2002 8/30/2017 Lot 5 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800268 3579 CARSON LAKES CIR FRACOIS, EUGENE J & MARIE R Y Y 2934/2616 100%4,848.82$ $4,848.82 11/5/2001 8/30/2002 8/30/2017 Lot 6 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800284 3575 CARSON LAKES CIR VALTIERRA, ROSA ELENA Y Y 2934/2608 100%4,848.82$ $4,848.82 7/17/2001 6/21/2002 6/21/2017 Lot 7 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800307 3571 CARSON LAKES CIR CADET, ALINE MARIE Y Y 2864/0616 100%4,848.82$ $4,848.82 7/17/2001 6/21/2002 6/21/2017 Lot 8 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800323 3567 CARSON LAKES CIR GOMEZ, ALFONZO Y Y 2864/0608 100%4,848.82$ $4,848.82 7/17/2001 6/20/2002 6/20/2017 Lot 9 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800349 3563 CARSON LAKES CIR NITO, OSCAR & MARIA Y Y 2864/600 100%4,848.82$ $4,848.82 8/1/2000 5/8/2002 5/8/2017 Lot 10 2000-216 Carson Lakes Habitat for Humanity 25577800365 3559 CARSON LAKES CIR ROJAS-VILLAGOMEZ, JOSE Y Y 2707/2263 100%4,736.34$ $4,736.34 8/1/2000 4/29/2002 4/29/2017 Lot 11 2000-217 Carson Lakes Habitat for Humanity 25577800381 3555 CARSON LAKES CIR BANDA, FRANCISCO Y Y 2707/2269 100%4,736.34$ $4,736.34 8/1/2000 4/22/2002 4/22/2017 Lot 13 2000-219 Carson Lakes Habitat for Humanity 25577800420 3547 CARSON LAKES CIR MC SWAIN, DOLLIE Y Y 2707/2281 100%4,736.34$ $4,736.34 8/1/2000 4/22/2002 4/22/2017 Lot 14 2000-220 Carson Lakes Habitat for Humanity 25577800446 3543 CARSON LAKES CIR MANCILLA, RODOLFO Y Y 2707/2287 100%4,736.34$ $4,736.34 8/1/2000 4/22/2002 4/22/2017 Lot 15 2000-221 Carson Lakes Habitat for Humanity 25577800462 3539 CARSON LAKES CIR MANDUJANO, FLORIBERTO & LAURA Y Y 2707/2395 100%4,736.34$ $4,736.34 8/1/2000 3/6/2002 3/6/2017 Lot 16 2000-222 Carson Lakes Habitat for Humanity 25577800488 3535 CARSON LAKES CIR LINDA JIMENEZ Y Y 2707/2401 100%4,736.34$ $4,736.34 8/1/2000 3/26/2002 3/26/2017 Lot 17 2000-223 Carson Lakes Habitat for Humanity 25577800501 3531 CARSON LAKES CIR BARRIENTOS, MIGUEL & ROSEMARY Y Y 2707/2407 100%4,736.34$ $4,736.34 8/1/2000 3/26/2002 3/26/2017 Lot 18 2000-224 Carson Lakes Habitat for Humanity 25577800527 3527 CARSON LAKES CIR DUVERT, EDLIN & ROSEDETTE Y Y 2707/2413 100%4,736.34$ $4,736.34 8/1/2000 1/24/2001 1/24/2016 Lot 20 2000-226 Carson Lakes Habitat for Humanity 25577800569 3519 CARSON LAKES CIR MARTINEZ, ROBERTO & ERICA O Y Y 2707/2425 100%4,736.34$ $4,736.34 8/1/2000 3/20/2001 3/20/2016 Lot 21 2000-227 Carson Lakes Habitat for Humanity 25577800585 3515 CARSON LAKES CIR SENTENO, RAMIRO Y Y 2707/2431 100%4,736.34$ $4,736.34 8/1/2000 3/20/2001 3/20/2016 Lot 22 2000-228 Carson Lakes Habitat for Humanity 25577800608 3511 CARSON LAKES CIR GARCIA, IGNACIO & ANA V Y Y 2707/2437 100%4,736.34$ $4,736.34 8/1/2000 4/17/2001 4/17/2016 Lot 23 2000-229 Carson Lakes Habitat for Humanity 25577800624 3507 CARSON LAKES CIR RAMIREZ, JUAN G & MARIA R Y Y 2707/2443 100%4,736.34$ $4,736.34 8/1/2000 4/17/2001 4/17/2016 Lot 24 2000-230 Carson Lakes Habitat for Humanity 25577800640 3503 CARSON LAKES CIR FLORES, BRENDA Y Y 2707/2449 100%4,736.34$ $4,736.34 8/1/2000 4/17/2001 4/17/2016 Lot 27 2000-202 Carson Lakes Habitat for Humanity 25577800705 3500 CARSON LAKES CIR VILLARREAL, ARGELIA Y Y 2707/2641 100%4,736.34$ $4,736.34 8/1/2000 4/17/2001 4/17/2016 Lot 28 2000-203 Carson Lakes Habitat for Humanity 25577800721 3504 CARSON LAKES CIR MONTES, RICARDO V & IRMA C Y Y 2707/2647 100%4,736.34$ $4,736.34 8/1/2000 4/18/2001 4/18/2016 Lot 29 2000-204 Carson Lakes Habitat for Humanity 25577800747 3508 CARSON LAKES CIR SOTO, ELOY & JUANA Y Y 2707/2653 100%4,736.34$ $4,736.34 8/1/2000 6/14/2001 6/14/2016 Lot 30 2000-205 Carson Lakes Habitat for Humanity 25577800763 3512 CARSON LAKES CIR PASCUAL, JOSE M & ANA G Y Y 2707/2659 100%4,736.34$ $4,736.34 8/1/2000 6/14/2001 6/14/2016 Lot 31 2000-206 Carson Lakes Habitat for Humanity 25577800789 3516 CARSON LAKES CIR ORTIZ, FELIX & BRIGIDA Y Y 2707/2665 100%4,736.34$ $4,736.34 8/1/2000 6/14/2001 6/14/2016 Lot 32 2000-207 Carson Lakes Habitat for Humanity 25577800802 3520 CARSON LAKES CIR SANCHEZ, ANASTACIO Y Y 2707/2671 100%4,736.34$ $4,736.34 8/1/2000 6/14/2001 6/14/2016 Lot 33 2000-208 Carson Lakes Habitat for Humanity 25577800828 3524 CARSON LAKES CIR ALVARADO, JOSE Y Y 2707/2677 100%4,736.34$ $4,736.34 8/1/2000 5/8/2002 5/8/2017 Lot 35 2000-210 Carson Lakes Habitat for Humanity 25577800860 3532 CARSON LAKES CIR GARCIA, MARIA A Y Y 2707/2689 100%4,736.34$ $4,736.34 8/1/2000 12/4/2001 12/4/2016 Lot 36 2000-211 Carson Lakes Habitat for Humanity 25577800886 3536 CARSON LAKES CIR OBREGON-SANCHEZ, JUAN Y Y 2707/2233 100%4,736.34$ $4,736.34 8/1/2000 5/8/2002 5/8/2017 Lot 37 2000-212 Carson Lakes Habitat for Humanity 25577800909 3540 CARSON LAKES CIR CHAIREZ, GERARDO & ROSARIO F Y Y 2707/2239 100%4,736.34$ $4,736.34 8/1/2000 12/28/2001 12/28/2016 Lot 38 2000-213 Carson Lakes Habitat for Humanity 25577800925 3544 CARSON LAKES CIR DOMINGO, JUAN Y Y 2707/2245 100%4,736.34$ $4,736.34 8/1/2000 12/21/2001 12/21/2016 Lot 39 2000-214 Carson Lakes Habitat for Humanity 25577800941 3548 CARSON LAKES CIR CAGLE, JOHN Y Y 2707/2251 100%4,736.34$ $4,736.34 7/17/2001 8/12/2002 8/12/2017 Lot 41 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800983 3568 CARSON LAKES CIR CASSEUS, GABRIEL & CLAIRE L Y Y 2864/592 100%4,848.82$ $4,848.82 7/17/2001 6/26/2002 6/26/2017 Lot 42 74-401(a)(3)Carson Lakes Habitat for Humanity 25577801005 3572 CARSON LAKES CIR CASTRO, MANUEL M & JOSEFINA C Y Y 2864/656 100%4,848.82$ $4,848.82 11/5/2001 12/5/2002 12/5/2017 Lot 43 74-401(a)(3)Carson Lakes Habitat for Humanity 25577801021 3576 CARSON LAKES CIR MARTINEZ, NOELIA Y Y 2934/2600 100%4,848.82$ $4,848.82 11/5/2001 12/5/2002 12/5/2017 Lot 44 74-401(a)(3)Carson Lakes Habitat for Humanity 25577801047 3580 CARSON LAKES CIR MARTINEZ, LORENZO & AIDA Y Y 2934/2592 100%4,848.82$ $4,848.82 11/5/2001 12/5/2002 12/5/2017 Lot 45 74-401(a)(3)Carson Lakes Habitat for Humanity 25577801063 3584 CARSON LAKES CIR VERA, JUAN MANUEL Y Y 2934/2584 100%4,848.82$ $4,848.82 11/5/2001 12/30/2002 12/30/2017 Lot 46 74-401(a)(3)Carson Lakes Habitat for Humanity 25577801089 3588 CARSON LAKES CIR ALVARADO, CARLOS & MARGARITA Y Y 2934/2576 100%4,848.82$ $4,848.82 Total $186,291.98 Impact Fee Waiver date Release Or/Pg Release Date Legal CC Code of Ordinances/ Resolution Subdivision Organization Name Folio Address Status 11/5/2001 5291/1019 7/6/2016 Lot 4 74-401(a)(3)Carson Lakes Habitat for Humanity 25577800242 3583 CARSON LAKES CIR paid off 8/1/2000 4206/1254 4/2/2007 Lot 19 2000-225 Carson Lakes Habitat for Humanity 25577800543 3523 CARSON LAKES CIR paid off 8/1/2000 4087/3555 8/11/2006 Lot 25 2000-201 Carson Lakes Habitat for Humanity 25577800666 3499 CARSON LAKES CIR paid off 8/1/2000 5449/1529 11/16/2017 Lot 34 2000-209 Carson Lakes Habitat for Humanity 25577800844 3528 CARSON LAKES CIR paid off 8/1/2000 4252/1561 7/2/2007 Lot 40 2000-215 Carson Lakes Habitat for Humanity 25577800967 3564 CARSON LAKES CIR paid off 8/1/2000 TBD TBD Lot 12 2000-218 Carson Lakes Habitat for Humanity 25577800404 3551 CARSON LAKES CIR Awaiting Homestead 16.D.1.b Packet Pg. 990 Attachment: SHIP IF Carson Lakes 39 units backup (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 16.D.1.d Packet Pg. 991 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 992 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 993 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 994 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 995 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 996 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 997 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 998 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 999 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1000 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1001 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1002 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1003 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1004 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1005 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1006 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1007 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1008 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1009 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1010 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1011 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1012 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1013 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1014 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1015 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1016 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1017 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1018 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1019 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1020 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1021 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1022 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1023 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1024 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1025 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1026 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1027 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1028 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) 16.D.1.d Packet Pg. 1029 Attachment: Homestead Verification Carson Lakes 39 units (4675 : SHIP IF Release of Lien-HfH-Carson Lakes 39 Units) Prepared by: Patrick G. Whitt Asst. Collier County Alt'y. ,i,Ull Tamiaml Trall East Naples, F7, 4111 2889635 OR: 2929 PG: 0755 11c01/A Is 0111clu IIMN of MUIIl coon, it 11/21/2101 at 19:57A1 11IG N 1. JIM, can RIC m ».$# IOU: 1013116 1 MU I1010"M HS3 1101.1131101 of 1146 M ul It 14114 'this space for rrcordinit AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACTFEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITA'r FOR HUMANITY, INC. rt� This Agreement tier the Waiver t #:tc ��F �c tered into this � day of ]�A:unLV, 2 2001, by and between Collier CIX)litical xuhdlvRM,)IJ-11 ie State of Florida through its Board of County Commis Humanity of Collier County, In 4e, d � WHEREAS, Collier C' )64 to as "COUNTY." and Habitat tier r1t cP r 11%)% SNE R "collectively stated as the r 1 7 { RECITAL S inance No 2(X)I i eta Collier County Consolidated Impact Fee Ordinance, as it may he ,ttrthtl sr�d�r�i tittle to tinge, hereinafter collectively w.. referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urhan Improvement Lkpartnnent. and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and - 1 - OR; 2929 PG; 0756 WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for in impact fee waiver; and WHEREAS, pursuant to Section 74-201, 1-.. Lb. of* the Impact Fee Ordinance, its codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of'creating Affordable IFousing; and, WHEREAS, the Impact Fre Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THERE ORE?, in c( valuable consideration, the rece the Parties covenant and agreer�is fi I. RECI'T'ALS WC( RPO „t' F nAtoTc9oing Recitals, and other good and ufticiency of whiciercby nurtually ucknowle�lgcd, incorporated by ret c) ek )A J 2. LEGAL DE:SC'RII� IiIN The legal descri (the "Dwelling Unite: attached as Exh herein. 3. TERM. The terns of this Agrceenni�I Is :ire true and correct ;tnd are m cif ttt !yelling unit and its site phut ihi't -� ql incorporated by reference ui nu longer than it period of fifteen (1 J ) years commencing from the date the certificate of O Cup:►ncy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as afturd:thle housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRAN'T'IES. The OWNER represents and warrants the following: it. OWNER'S household e:u1niit;"s will not excCed :t very low income as defined in the Impact fee Ordinance, and the OWNER'S ntonthl� OR: 2929 PG: 0757 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guideline~ established in the Impact Fee Ordinance; h. OWNER is it first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fres in the total amount of Four Thousand tight Hundred Forty -Eight Dollars and E.:ighty Two Cents uli-4,84N.82), as set firth in the attached Exhibit -B,- incorporated by reference, and C. In return for the COUNTY'S waiver of the: impact fees otherwise owed by OWNER, OWNLR g�Ctr�y c � e� •tams and agrees to comply with the i � "s "' 'S� •..i �i �*... AOR affordable pact fee. w NAi ,4'jk� rhification criteria detailed in the Impact 5. SUBSEQUENT "I which is suhject Unit shall he sold i scat firth in the Im AIV liMA -, 1411paf:t feel wAi1v0i -tri o persons or house gilds n`�ieeti Ordinance. In NER sells the Dwelling Unit luent purchaser, the Dwelling e waiver qualifying criteria s;rle or transfer by gift of the Dwelling Unit, the orifi iuf OWNER shall regia aiit for the impact fees waived until said impart fees are pard lir ftp 4+i a tet t ie conditions set forth in the Impact Fee Ordinance and this Agreement are satistied. 6. AFFORDABLE: REQUIREMENT. The Dwelling Unit mist be utilized for affordable housing as drfinrd in the Impact Fee Ordinance during the term of this Agreement, and if the Dwelling Unit erases to he utilized for that purpose during such period, the full amount of the waived impact fees shall be inttrtediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the %;rived impact fees shall constitute and he a lien on the Dwelling Unit in the amount of 0111- "I'houSMILl Fi"ht l lu11LIN l Forty- - 3 OR: 2929 PG: 0758 Eight Dollars and Eighty Two Cents (ti4,848.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY. then all of the COUNTY'S lien rights and interests arising under this Agreement are to he considered junior, interior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise he superior and paramow►t to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. S. RELEASE OF LIEN. m "UpOnVe completion of' this Agreement's requirements after t occupancy, or u the expense of' payment or re 9. BINDING Ell years from thoAl , layJ1le14 -oi= 11e ,waived a I j Agreement sha ,Ion itl S,w issuance of the certificate of fees, the COUNTY shall, at mentation evidencing such and and he hinding upon the Parties to this Agrec�rt tila�md their heirs, su c� sit iiia assigns. 10. RECORDING. This Agj .c.rnei h l b te'tarit l 'd by C OUN'TY at the expense of , ,,... COUN"TY in the Official Records iif C outer County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of' this Agreentent it`. a. OWNER fails to sell the Dwelling Unit in accordance with the aft0rdable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or h. OWNER continues to violate duty of the affordable housim, qualification criteria in the Impact Fee Ordinance fur a period of fifteen (15) days after mailing of, written notice of the violation. OR: 2929 PG: 0759 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: Lt. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time during (tie fifteen (IS) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in gull by OWNER to [tie COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. C. In add►trur ticevn.tb x posed, or otherwise enforced by the COUN , by an action or . tE1=irt law or equity including the torec1o�'6r6,gjA-.i nt rtg-agc�.fit real Opefty. The COUNTY shall he tr�titl yi , vtiyievf a, 'j s '�fqd - �sfisrticluding attorney fees, plus uit Intl �ti ttrlury r i fur t rdginoas calculated on a calendar day b,s'k'Ut►til paid. I7V IN WITNESS WHEREOF Fjhe � i" --h', �° � .lyccctited this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: aAt., Print N. e. t 1 H& C Print Namesfo6e,r ,�•.. ' d OWNER: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. 8Yi______ Samuel J. Durso, M.D., President - OR: 2929 PG; 0760 STATE OF Florida COUNTY OF Collier The foregoing; Agreement was acknowledged before me this �, _ day of / '1�', ?(wl by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. I, IV [NOTARIAL SEAL] Signature of Person Taking Acknowledgment bonus ame °"101101�._I�______ �W'++oru�r, Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA v � ��� P I EVim AS W. 0LL.1FF, MANAGER STATE OF Florida J` COUNTY OF Collier R' The foregoing Agrcc]n n(\w. s ,t ix w c lg d etorc�nn�thl day of 41t 1 �, 2101 by Thomas W. 011iff, Cuunt.ttagtr o1 l"0tlC� C(� 1',YI e is personally known to ntc. ;. s Cr.N -- MARY E. HECK [NOTARIAL SEAL] Signatu son Taking Acknt�ncnt MY WMM4SM ON i M V:7/5b N n4 EXPIPX,: Z2. niw Name of Acknowledger "Typed, Printed or Stamped Approval Recommended 11 ialic, Director & Urban Improvement - 6 -- Approved as to form and leg I suft� i try: Patrick G. White Assistant County Attorney OR: 2929 PG: 0761 EXHIBIT "A" LEGAL. DESCRIP'17ON LOT 1, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A. B. C. D. E. F. G. H. EXHIBIT "B" Type of Impact Fee N Library Lnpact Fee Road Impact Fee Parks Impact Fee EMS Impact Fre Educational Facilities S chi Int Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fre TOTAL IMPACTFEES WAIVED 7 -- count Owed I.s.tx) 820.84 y3.(x) 1,778.00 u.tx) uAx) 117.98 ►4,848.82 avoif NOSuvO o — ,00.0{ ,OO OC SB 6Lt 3 .0L,10.69 f/f O o�, ,9L'♦tl 3 .SO,L0.69 N �3.SO,L0.69N u2 00'09 ;jr A� o +J.Ot ,Ot P I a a 8 N I ,ts eFC --- v ,fL'00 Po l I I a .GO,i0.69 N I z J N ►♦ 6L 7 ,9l,Lf.99 u N $ oS 1^ S P + I I 2 OI ,a9 Gr t 3 Go t 69 N o,k o 9S'A,Lt 3 .9L.LC.99 N s � I L; � C i}i7i7 P p o �—e9�ert 3 ��.tat,►� .�� �aq Ck - - ---N "S �t Er 99N it u R s �, IR 3 qj Or O ti S� Ngo Y j � a Ag � aIQ M ocm 17 1 a B n j O P' NJ2p so R01 D, x QQ � "moo < O J ((��---111 ys I D n 3 o O O 0 E �^ W O A., ui•�ZZ�� a i° o l o o a oJvr F1:'�Q k 9♦ Prepared by: Patrick G. White Axalt. Collier County Att'y. 3301 Tamlami Trail Fast Naples, FL 34112 2894517 OR: 2935 PG: 0763 RICORDID in 0??ICIAL RICORDS of COLIIIK COUIITT, iL 1210312001 at 01:52PK DWIGHT 1. BBRRCCK, CLIRK 37.50 Retn: HOUSING & URBAN INPROVIKINT INTIR OPPICB TO HUI l'lik space for recurdinit AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FENS FOR SINGLE. -FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Wai eo a�At , tend into this `L day of-l�u,xm t ON 2001, by and between Collier CtInCy apolitical suhdivisi ?=if the State of Florida through its Board of County Commis" tiers, naftc '°mrd to s "COUNTY," and Habitat for Humanity of Collier Count, Ind bei t.t to 1 im tri tiiis� SNF t," collectively stated as the # 'I "Parties. " RECITAL: ; F WHEREAS, Collier Cont Ordinance No I IM # the Collier County Consolidated Impact Fee Ordinance, as it may tib url r �tl e fr pr me to time, hereinafter cullectivcly referred to as "Impact Fee Ordinance provide s µ for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing', and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department. and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable: housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and - 1 - OR: 2935 PG: 0764 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 Fre Ordinance qualifying the project as eligible for an impact fee waiver, and WHEREAS, pursuant to Section 74-201, E.I.h. of the. Impact Fee Ordinance, as codified in the County's Coxae of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support ofcreating Affordable housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in con valuable consideration, the receipi the Parties covenant and agree a,� i'l I. RECITALS INCOkPt a g incorporated by rcfereiI 2. LEGAL DESCRIItil (the "Dwelling Uni1'1 regoing Recitals, and other good and ftcicncy ufVht1 l,ei�hcreby mutually acknowledged, he "irS ?i 4 ' Aec ,, tIs are true and correct and ore Icgal de�rtiun int' the (ling unit and its site plan attached as Exhihi A'u1s incorporated by reference herein. 3. TERM. The term of this Agre�tr�t� Orr no lunger than a period of fifteen (15) years commencing from the date the certificate of Occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a %cry low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 OR: 2935 PG: 0765 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer, C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents ($4,848.80, as set forth in the attached Exhibit "B," incorporated by reference, and C. In return for the COUNTY'S waiver of the impact tees otherwise owed by OWNER, OWNERand agrees to comply with the affordable pact fee wuiv�reu'(itication criteria detailed in the Impact Fey 5. SUBSEQUENT T CANS ER,, i 'tNT 41 0 , NER sells the Dwelling Unit which is subject io tiii . impa t dee wA tai a ser sec seer t purchaser, the Dwelling Unit shall he sold 0' iT�Jo persons or house' s m etiri waiver qualifying criteria set forth in the hnp Ordinance. In tare", ase> scale or transfer by gift of the <. r DwellingUnit, the ori\* OV�NER shall. emllRi :ftabIc for the impact fees waived k. until said impact fees are pard 04r " tt tr "-'-"'conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement. and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall he immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the: amount of Fear Thousand l i';ht hundred Forty - 3 - OR; 2935 PG; 0166 Eight Dollars and Eighty Two Cents ($4,848,82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to tx considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. U' QS requirements after tit't'` occupancy, or upon prtor f' the expense of the CU a s y + 4 payment or release 9. BINDING EFFECF his Parties to this Aere6ili611461 years from Agreement sh 10. RECORDING. This Aires COUNTY in the Official their heirs, succ completion of this Agreement's issuance of the certificate of ved impac(fees, the COUNTY shall, at ntation evidencing such ,n wyth r14iHand and be binding upon the � c W assigns. t'cd by COUNTY at the expense of County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after nailing of written notice of the violation. - 4 -- OR: 2935 PG: 0767 12. REMEDIES. The following remedies are cumulative with any other right or rirntcdy available to the COUNTY: a. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar anwunt of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise tk in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, thc�'nt`'''`( COUNTY("] .►n action or foreyiosu rof a--mortgagt u)► entitled tosov .►11`` f3' ci 5 ,IJ int' rest ut the r411t ►tc3ry r tc,;fi b.►s S`util paid. 1N WITNESS WHERH.O�,��ie --have,TM) Impact Fees on the date and year first above -v,- � Witnesses: AA,614-v- PnntNafhe�ms,-,r� Print Nam lased, or otherwise enforced by the real tf OWNER: law or equity including the The COUNTY shall he uding attorney fees, plus culated on a calendar day "k this Agreement for Waiver of HABITAT FOR HUMANITY OF COLLIER COON INC. BY: Samuel J. Dwso, M.D.. President - 5 - OR: 2935 PG: 0768 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this _ , - day of � 1�� '' "1 x''`200 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment ( Au t&p- Cos T E MOVA!� Stamped of Acknowledger Typed, Printed or St.ped 60N= TIMU ASA /MM WNW COLLIER COUNTY, FLORIDA (Tt.k?lk1AS W. OLt.IFF, NTY MANAGER STATE OF Florida COUNTY OF Collier The foregoing Agree leaf was .ire n w cc g c[`� `lore this day of IWXf 1"4 Z, '1001 by Thomas W. 011iff, County M i XVIK ort- A- 4 f if alae C("'CYC e is personally known to mc:. [NOTARIAL SEAL] Signat 6' rson Taking AcknoVie' J ti ent MARY E. BECK �f a yi� MY CIIMMISSION I tY'w,TM �jK ^ EXPIRES: April :- 2UW Name of Acknowfeilger - , Printed or Stamped Approval Recommended Greg Mihaly, Director Housing (& Urban Improvement - 6 Approved as to form and Ic al s c �ncy Patrick G. White Assistant County Attorney OR: 2935 PG: 0769 EXHIBIT "A" LEGAL DESCRIPTION LOT 2, CARSON LAKES SUBDIVISION, ACCORDING: To THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" TOTAL IMPACT FEES WAIVED $4,848.82 IMI T FES I 1 11`KDOWN tof Type of Impact Fee" 'Amount Owed A. Library Impact Fee 14.00 B. Road Impact Fee °$ 4,825.(X) C. Parks Impact f'ee 1m �µ�,. �� 820.84 � pit D. ��� e EMS Impact Fees �° 93.00 E. Educational Facilities S" te'Nlmpact Fee 1,778.00 F. Water Impact Fee 0.00 G. Sewer lmpact Fee 0.W H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED $4,848.82 9 U avoal NOSavo mr 181 z �a I III IIIga 111M 6i-- I➢ rrqmby: Patrick G. White Au'A Copier County Att'y. 3301 Tandand Trail Fast Naples, Fl, 34112 2894516 OR: 2935 PG: 0755 RICORDID in 0111CIAL RICORDS of COLLIER COUNTY, IL 12103/2001 at 01.52PK DWIGHT I. BROCK, CLERK RIC IEI 31.50 Reta: HOUSING i URBAN IKPROVIKINT INTIR OPPICI TO HUI This space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the, Wir%c �+ �tere.d into this day of �1 .11_i 2001, by and between Collier,_Celtrty, a political subdivnothc State of Florida through its Board of County Commis ionei Humanity of Collier Count+, ".Parties." reterrea to RECITA TY," and Habitat for 1NER," collectively stated as the WHEREAS, Collier C `nom Qrdinance No. 21)1)1 t3jlie Collier County Consolidated M Impact Fee Ordinance, as it may be Yuri$h�tic�c�a time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR: 2935 PG: 0756 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codit led in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in c valuable consideration, the the Parties covenant and agree as I. RECITALS INCOR sufficiency of incorporated by'lrttqf nde tivrcr a 2.. LEGAL UESCRiOJQN. The legal desu (the "Dwelling Un rigattached as Exh herein. �r 3. TERM. The terns of this Agr&trrent� going Recitals, and other good and reby mutually acknowledged, ,,,,are true and correct and are ion�of tht'-'a Clling unit and its site: plan ih A 'tai is incorporated by reference l tiir nu lunger than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued fur the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will nut exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly OR: 2935 PG: 0757 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance, h. OWNER is a first-time home buyer, C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner. d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Flight Hundred Forty -Fight Dollars and Eighty Two Cents ($4,848.82), as set forth in the attached Exhibit "B," incorporated by reference, and e. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNER tc�'colzen4nts and agrees to comply with the affordable hoq�iitg impact fcc warier cftial!itication criteria detailed in the Impact 5. SUBSEQUENT Tb which is subject `to Unit shall be sold a'i mt):fct ifee waiver -to to persons or house*)Ids set forth in the Ordinance. In Dwelling Unit, the orig�> -OWNER shall until said impact fees are paid"it `uU 4AA \,1t',-(, yVNER sells the Dwelling Unit ubse'Tuettt purchaser, the Dwelling tr ectthe waiver qualifying criteria -aw-14 dale or transfer by gift of the �rt`� Itable for the impact fees waived conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement, and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the; effective date of this Agreement and continuing until paid or otherwise released the waived impact tics shall constitute and be a lien on the Dwelling Unit in the amount of I"our'1'huuS:uid tight hundred FurtN- - 3 - OR: 2935 PG: 0758 Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Upo requirements after fifteen") "years froi occupancy, or upon,"print Cyt -act of the waived the expense of t payment or relea 9. BINDING EFFF Parties to this At --•.a- .�w,.,- �, Of llet). s �„ ,..... I htti�Agrecment 4 it and their heirs. 10. RECORDING. This COUNTY in the Official shall be completion of this Agreement's f issuance of the certificate of fees, the COUNTY shall, at xOmentation evidencing such ith lh!;nd and he binding upon the tit)►s 4ttd`assigns. f ,"by COUNTY at the expense of ounty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice ol'said non-compliance, or h. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR: 29D fu: UM 12. REMEDIES. The fallowing remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (rte) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, or otherwise enforced by the COUNTI�51"'vn �►ction orat to law or equity including the foret�Jotiurigrot'-a,,raortgage on real pruperty. The COUNTY shall be interes( ate the si IN WITNESS WHE Impact Fees on the date and year first a Witnesses: ULLZ... Print al{ s, 4d -c o» including attorney fees, plus ►� tk"t-ofJg`lerts calculated on a calendar day ,, , ies haveN,.e c� i this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Samuel J. Du6o, M.D., President - 5 - OR: 2935 FG: 0760 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this dayof by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment DAMIUM COM OM t OF RMID ► °OYtweis.e° ollou �11rM11yA 1�rt1pTARYt STATE OF Florida COUNTY OF Collier Thaielle CC's -Vic Name of Acknowledger Typed, Printed or Stamped The foregoing Agree by Thomas W. 011iff, Count [NOTARIAL SEAL] n t' COLLIER COUNTY, FLORIDA arson Taking Ac Name. of Acknow Approval Recommended Greg Mih ►c, Director Housing Urban Improvement -- 6 - 1N,IAS W. OLLI OUNTY MANAGER r n4 th ,,,� day of Jx4.F,L. , 101 Tlu c is personally known to me. MARY E. BE('K hn COMMISSION r (V 427?m LXMWW A0242" Printed or Stamped Approved as to form and I suffic"( cy: Patrick G. White Assistant County Attorney OR: 2935 PG; 0761 EXHIBIT"A" LEGAL DESCRIPTION LOT 3, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT' ,,B" OWN ON Type of Impact Fee Anmunt Owed A. Library Impact Fee 214.00 B. Road Impact Fee' if3u 1.,825.00 Y A i E tk x 3 C. Parks Impact Fee. 1820.84 D. EMS Impact Fee S s 93.00 E. Educational Facilities Skyipact Fee 1,778.0) F. Water Impact Fee 1 0.00 G. Sewer Impact Fee 0.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $4,848.82 I e ,se tri;' Qv►OZ[ NOS2irO ,, v ,00'0t ,OO Ot 7i9'Gil 3 .Oi,ln69 N �ppI 3 .SO.Sa6Y N s q M I 0.69N 09 Prepared by: Patrick G. Wbite An't. Collier County Alt'y. 3301 Taadwml Trail FaM Naples, F1.34112 2894205 OR: 2934 PG: 2616 RICORDID in OFFICIAL RECORDS of COLLIER COUNTY, FL i,1' 3/2001 at I0:52AM DWIGHT E. BROCK, CLERK RIC FBI 31.50 Retr.. HOUSING 6 URBAN IMPROVININT TNTIR OFFICE TO HUT 111% %parr for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT F EES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY. INC. iv This Agreement for the Wait rurt�ali:' 66ti s c uttered into this day of 2001, by and between Collier Criitry apolitical subdivislri >4jhe State of Florida through its Board of County C'ommissiolwts,her atter re'teOrc�ct �. R Humanity of Collier Count , lni�, heio't of ei, r0elr ti 4 YY i E .,»E „Parties." 1 RECITAL. WHEREAS, Collier C ii Ordmance No. 200 to as "COUNTY," and Habitat for ER," collectively stated as the � � 3 , Ijh- Collier County Consolidated Impact Fee Ordinance, as it may he furthe rTsaoh-i°time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department, and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and . 1 - 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 at) impact fee waiver; and WHEREAS, pursuant to Section 74-201, E.I.h. of the lntpact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorised to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in valuable consideration, the the Parties covenant and agred'as 1. RECITALS 1 04,ratf6n(ot -P oing Recitals, and other guys and sufficiency of whi�h� is`fhereby mutually acknowledged, true and correct and are incorporated by t renc ,akar ting µ„ `1 x , F 2. LEGAL DESCRI',tnl, N. The legal de%cri iotibftheJtWelling unit and its site plan (the "Dwelling UniKQ ts�°attached as Exhibit "'A" d is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (I5) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: u. OWNER'S household e;u•nings will nut exceed a %cry low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand fright Hundred Forty -fright Dollars and Eighty Two Cents ($4,848.82), as set forth in the attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, i is and agrees to comply with the affordable hou t `►mpuct tee wa s cjtl'fAfication criteria detailed in the Impact Free Ordtan« 5. SUBSEQUENT T;RANSF� p � Y�f�N' 1 OWNF�R sells the Dwelling Unit ' ,x P 4 which is Subject o 14i I t ie' w V to ,►'ent purchaser, the Dwelling Unit shall be sold 6'6 o persons or houSehi pis ►n etiwaiver qualifying criteria set forth in the Imp a t,�fee Ordinance. In the se o yule or transfer by gift of the 'C ,. Dwelling knit, the ortgi?tfiV'JI,fl °rtili.►ble for the impact fees waived until said impact fees are paid in i" ( errtti the renditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constNute and be a lien on the Dwelling Unit in the amount of Eight Hundred FortN- - 3 - Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in attached Exhibit -13.- This B."This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY Lund OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COI►NTY, then all of 1he CMINTY'S lien rights and interests arising under this Agreement are to he considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. 8. RELEASE OF LIEN. Un)ft 1 requirements after tit, e occupancy, or upo(i` p the expense of t payment or re 9. BINDING EF Parties to this Ag ) years from the lit 'vf---,tt1e0,tved i rbc completion of this Agreement's Agreement shall'to with ,the their heirs, succes issuance of the certificate of s, the COUNTY shall, at ntation evidencing such Lind be binding upon the assigns. 10. RECORDING. This Agtm t�st-af:�,t�rilcf by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said nun -compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen ( 15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (tX)) days atter mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition,. tCc;I►itiibcnft?rsclosed, or otherwise enforced by the COUN ,N un action or ,-,,`4 t) i , law or equity including the for closure of d iiia �a� on, real o ' t The COUN'T'Y shall he ..,.. g , , Ik Y cot titled 1 z�cc t a l{ + d r including attorney fees, plus in spaIko t. u((�r a( Rtur Jit l"mctulculated on a calendar play bats'%t�ntil paid. IN WITNESS WHERE( ��fi�te�tacs..l��v�:� cittt ii this Agreement for Waiver of Impact Fees on the date and year first above Witnesses: z Nate (2k �� Print Name.Z, OWNER: HABITAT FOR HUMANITY OF COLLIE COUN Y, 1 ICY: a Samuel J. Dm<,o, M.D., President - 5 -- STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before ntc this day of `� i' ~ll' y` -00I by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment 0ANWa OOtItTE IIO *WPW -6FMaw,aaoA @0N=1Wft A" 14164 OTMy 1 N N c.7 cs.. c� rn N o STATE OF Florida COUNTY OF Collier '< F ------ — Name of Acknowledger Typed, Printed or Stamped The foregoing Agrec.inen by Thomas W. 011iff, Count, [NOTARIAL SEAL] Si ('OLF.IF:R COUN'T'Y, FLORIDA v AS W. OLLIFF UNTY MANAGER woac .n�)wjcd dE e� )i n th S'l day of �kE Ix�[� t .2001 l''c ?n eJt.tkt t `die C'( 11 TY # e is personally known to ine. rson Taking Ac Name of Ackna Approval Recommended 001 Greg MF*.. Director Housing '& Urban Improvement - 6 - 4r-° 1# MARY E. BECK MY (Y)MMLSM NV 1 R' %r277M mw tiled or Stamped Approved as to form and MK;tI sufti •ncy: Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIIYFION LOT S, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, INCLUSIVE, OF THIS: PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. Library Impact Fee � B. C. D. E. F. G. H. Road Impact Fee_ n� =fx' Parks Impact Fee- EMS Impact Fee � c Educational Facilities S iejy �r EXHIBIT "B" Owed _ $ 213.00 € " �, 7 ,•m r i 1 1.,825.(X) A Ek n. h { HI 820.94 �. >. 93.(X) pact Fee1,778.00 Water Im act Fee �0 r-' 0.00 p w Sewer Impact Fee Correctional Facilities Impact Fee TOTAL IMPACT FEES WAIVED - 7 - O.OU 117.98 $4,848.82 u � avow Hosuvo O p o ,00'0{ ,000[ �S9.6L1 3 .Oz,za9Y N N W' o .. I ,9L•ru 3so,tae9 w +► I I 1 � 3.SO.L0.99N .00'09 .9 . C. V Y +i1 OO SA N I � •9 ' QqN {/ J CA I J OI O cv'sst 3 .so.tae9 N 1 s z L9'C►t 3 .60.La99 N s 3 .9t,Lt:.9Y M ! ` e = J e99rt19 3 spzae 3 '� 9m' .99 N I I O x � S 3 AS Lrt }_ M\9 LQ695 I 4'" 4 q � � "� � ,Of ��, I ,9�` ALA. r 3.91•Lf•tiQ11 I I fill w QS a P Y S FR S pIt ►� � 31. LA N corNN w 31* Prqmuvd by: Patrick G. Wbite Au'L CoUler County Alt'y. 3301 Tamiaml Troll East Naples, Ff, 34112 2894204 OR: 2934 PG: 2608 RECORDED in OFFICIAL RECORDS of COLLIER COUNTI, FL 12/03/2001 at 10:51AN DWIGHT E. BROCE, CLERK RBC FEE 31.50 Retn: uOUSING & URBAN INPROVBNENT INTER OFFICE ".0 HUT Thls space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT !'EES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Wayv-,,of 1 tered into this day of 2001, by and between Collier G64O Board of County Commissfonet's, Humanity of Collier County' „Parties." V:, WHEREAS, Collier Ctit t3 "'a political subdivis to RECIT inance No. 2001-= State of Florida through its UNTY," and Habitat for 1 1 collectively stated as the E tt�sCollier County Consolidated Impact Fee Ordinance, as it may heTup6er ail e 'i-4 6 ie to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - I - WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E. I.h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in suplort of creating Affordable I lousing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an C7% Agreement with the COUN'T'Y. c; d» NOW, THEREFORE, inth�w.f<rrcguing Recitals, and other good and .,r N valuable consideration, the reit rpt tiftrc.ncy hereby mutually acknowledged, oii ►°+�; tx , , C> the Parties covenant and agrecas tail>ws:- a.� 1. RECCCAI_S INC(�RPO A E D he tj)f_ta,gpW Re,,Otals`eare true and correct and are `e` incorporated by efergncl: heieil(. X 2. LEGAL DESCRII�TIJQN The legal description pf th4wwelling unit and its site plan ,. (the "Dwelling 1,4jf,�,Js attached as Exhfhff, is incorporated by reference herein. A� JI 3. TERM. The term of this Agr t x � i -riu lunger than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will nut exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance, h. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the tern of the Agreement remain, the homestead of the OWNER or any Subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in (tie attached Exhibit "B," incorporated by reference; and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWN R 114 t r {vvg njorits and agrees to comply with the R�, 4s,. affordable hot _s g irnpae t I' c w:ii `ta litication criteria detailed in the Impact! 5. SUBSEQUENT TF a which is subjectto Unit shall be sol&,01 to persons or houset set firth in the Imp e ,:Pcc Ordinance. In Dwelling Unit, the ori 'a1VkNER shall until said impact fees are paid 6-0 t ,-L� R sells the Dwelling Unit t purchaser, the Dwelling s riiiecti,it4 the waiver qualifying criteria v or transfer by gift of the n�,..lfablc for the impact fees waived conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the anwunt 01'I "Mit'' HIOLISaffld I"A"llt Hundred F011\- - 3 - Eight Dollars and Eighty Two Cents ($4.848.82), as set firth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to he considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. ,Jn6k; -S requirements after fi occupancy, or the expense of payment or release old I'—, I 9. BINDING EFFE(T Parties to this Agreeih 10. RECORDING. This years from of the waived is Agreement shtr fund their heirs, s COUNTY in the Official shall completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at station evidencing such ith,th ,6nd and be binding upon the -lttru assigns. by COUNTY at the expense of y, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall he in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, xlfentay toric COUNTY 6 an action foreclosur of a -mortgage vm real enktiticd t z' cow 411��, I to st tutori a1e for Jed baSt ' VII paid. IN WITNESS WHERE: �tlt � °F�rtis'vc i*$tcG�t Impact Fees on the date and year first Witnesses: Print Name ,F r),i c A e4t Print Name Zwle,.T _ 4gt-q&-'0 losed, or otherwise enforced by the OWNER: law or equity including the arty. The COUNTY shall be including attorney fees, plus meitts calculated on a calendar day this Agreement for Waiver of HABITATFOR HUMANITY OF COLLIER COON' C. , Samuel J. Dursii, M.D.. President - 5 - STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this fday of ,2001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment low COM NOTM1►°1�I ;=0 &QFjr"-Wro°" C,.3, WM=j1M!AM14W#4TMVt t� N �Y.. STATE OF Florida COUNTY OF Collier Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA `T43IAS W. O MANAGER The foregoing Agreetht� dyok>x?W1i, by Thomas W. 011iff, Count j 'MOA ; on half t CO'UNTYfle is personally known to me. 0 [NOTARIAL SEAL] Signat u o Pe�C A Taking Ackn Name of Acknow Approval Recommended Greg a ic, Director Hous & Urban Improvement - 6 - Printed or Stamped MARY E. BECK h�My C OMM►SSWN I n' WZr?U I MRE& AvW 22. MM Approved as to form and ixncy. Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL. DE:SCRIP'I'ION LOT 6, CARSON LAKES SUBDIVISION, ACCORDING: 'l'0'1'HE PLATTHEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE:, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. EXHIBIT "B" I�P'ACkTnF):E Bi���C�UWN Type of Impact Fee Amount Owed A. Library Impact Fee w,. 214.00 3 A' B. Road Impact Fee 1;,825.(0 l C. Parks Impact Fee. w. 820.84 D. EMS Impact Fee' 93.(X) F. Educational Facilities Syt%)apact Fee 1,778.00 u F. Water Impact Fee 0.00 G. Sewer Impact Fee 0.(X) H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACTFEES WAIVED - 7 - $4,848.82 0 4c is O N 6+� �� V U � � U J •w V N V �V�.W MOU R Y ��f I e 'Rr{j {qQp c i y 1ILWVlciil^ d C s qpq j O o p V u• a i- C) < U Z< 0. �W� (nu Vl9 U"2 C[�1[,00�6iP111 �Eio iii YoH b a F_ < pgaa 3a �_ �W al z ►►��ii p L 5 o• ° } '' �o n w J4 1 a0 p� p xa F =5Z$na s p 2 m �A z FU �1. •� F b 3 ii f b B c�T b F 6F `h 129 2 N68'32 16 E I` Savo ,US• 147.95' -- r i N 66.3216. 64fir N e g N� 9 0'o 148, 69' o Is s N 66 >Z 18' Elei 19 A Es 145.62' •� N .1 1 44• n r � W z I N 69'02'05' E I 66.23' A n N I} N 1' r N $ gd N or. : -49 U h 60.00' z 6 N89'02'05'E $ n i N 69'02'05_E 114. 6' O N T 11�R't N e9ro2'2o• E 12v.65' 30.00' 30.00' o v CARSON ROAD . 2831295 OR; 2864 PG; 0616 Prepared by. RICORDID in MICIAI RICOROS of COLtIIR COUNTY, 11 Patrick G. White 011123112001 at CI:28PN DWIGHT 1. BROCK, CLIRK An't. Collier County Ally. RIC PIS 37.50 3301 Tan"mi Trail Eaa Retr, Naples, FL 34112 u r INTIROFPICIAORSBSFOF DP WINDY KLOPF Thi+ space for retarding AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. of This Agreement for Cheer of Impact Fees °�ejfttr�d into this)-! day 2001, by and between Collier Coun , oicall ision'of tie State of Florida throu its Board of County Commi NTY," and Habitat for Y " collective) stated as the Humanity of Collier Countyt�In$, Ielaet refrtd to a� V1t, Y "Parties. RECITALS: WHEREAS, Collier Count�rJ`O.Isa "1 Ce_Nq OQI �3 the Collier County Consolidated Impact Fee Ordinance, as it may be further emended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing, and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department, and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and — 1 — OR; 2864 PG; 0617 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. V, C, w NOW, THEREFORE, to c n tderation of thebr,Og fii r Recitals, and other good and valuable consideration, the receipt, anti suffiieaclr of wchich iher'by mutually acknowledged, the Parties covenant and agree as 1. RECITALS INCORPORATE RAT .' The:`f0r4 ing° Rcci incorporated by krc herein. ,, 2. LEGAL DESCRVtoil jhe legal (the "Dwelling Unit") is�ttt,a�.�Exhatr� herein. true and correct and are �c .dwelling unit and its site plan is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (I5) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly 2 - b. N J OR: 2864 PG: 0618 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; OWNER is a first-time home buyer; The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in the attached Exhibit "B," incorporated by reference; and e. In return for the OWNER, Q% affordable how'sf Impact 41eetdi f 5. SUBSEQUENT ' RAN S 1 of the impact fees otherwise owed by d agrees to comply with the t fee waiver y*ali R�EP�AYvI� which is subject t `j* impact fee waiv&,,; a criteria detailed in the NE Z sells the Dwelling Unit itat purchaser, the Dwelling Unit shall be sold ori O',persons or houseO* rneciiQ the waiver qualifying criteria set forth in the Impactinance. !n thef sale or transfer by gift of the Dwelling Unit, the originalhal-reth.uns 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 and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty- - 3 - OR: 2864 PG: 0619 Eight Dollars and Eighty Two Cents ($4,848,.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise he superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for Count -tg { I w.. ? ib 8. RELEASE OF LIEN U n sahtitacftir ,t i�pletion of this Agreement's requirements after iitteri i{ i5+ettrs from ,hc datof ftisuance of the certificate of occupancy, or upon pfi r�ym�e t 0t t Vii` I �ct des, the COUNTY shall, at the expense of the CQU1T, recc�rcf anknnece�say clot unentation evidencing such payment or releasd,'of hen. 4 x 9. BINDING EFFECT Agreement shall ti+tc1t"land and be binding upon the Parties to this Agreemerlt;a,�,&}f�hetr heirs suc-c, stir 'i nd assigns. 10. RECORDING. This Agreemetrt-1- -be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR: 2864 PG: 0620 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (1.5) year terns, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. K Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the A �it� ' x �. u �a C. In adds fie lien may be� eO d, or otherwise enforced by the #. CQ0N,FY`7by un -acti a.- pr suit in l tw or equity including the k tree 1stf a og�rt I'P�'rt Y The COUNTY shall be d ' `' o including attorney fees, Plus erist� in�,�re�t at the statutory ratc;ior judgnet�``calculated on a calendar day IN WITNESS WHEREOF, the Impact Fees on the date and year first above written. Z6- - . - � 61,41vvkv Print Na eexecuted this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUN Y, INC. BY, Samuel J. rso, M.D., President - 5 - OR; 2864 PG; 0621 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this day of �ee , 2001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, I c. 1-19/is personally known to me. ) / I I / [NOTARIAL SEAL] Signatur of Pe pon Taking Ackpow r PGSG 8* JEAN SMIN Name of Acknowledger Typed, Prin c+COMMI.,S'ON # ' ED WIRES AUG 01 2062 �� BONDtl,f r;�r;N Di F @ AOYAN'Avc Nc_ qN'r' r )i pi STATE OF Florida COUNTY OF Collier k3 Y The foregoing Agreei ntwas acknowledged by Thomas W. 011iff, Count vtpribager, on behalf of [NOTARIAL SEAL] Signature oheriplc t Stamped IER COUNTY, FLORIDA ASW , (7WNTY MANAGER Id day of I &Ld .2001 is personally kncAvn to me. Deg&g- j RdS7-Awe Name of Acknowledger Typed, Printed or Stamped QDeablri Aemra z av:K. �k. - 6 - OR: 2864 PG: 0622 EXHIBIT "A" LEGAL DESCRIPTION LOT 7, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ..rc,-EKI I BIT "B„ 4 f IMPA- T FEE BR 4 1p►WN Type of Impact Fee Aiount Owed A. Library Impact Fee` 214.00 N �' k B. Road Impact Fee ki ,825.00 C. Parks Impact Fee `�, 820.84 D. EMS Impact Fee'., 93.00 E. Educational Facilities SyS }rte Inaact Feem""' 1,778.00 F. Correctional Facilities Impact Fee" 117.98 G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES WAIVED - 7 - $4,848.82 -� _ `a �►►� da w da ,gar +a �..w ►nyt Noo'�°'�'"i . J a. n. uur a C_ 0 �I 0 0 N _— — R Y. �- ram. —_ 7010 7010uw. No,'2r35'w a N x � I I 2 ,mss Y A w n. " 7 .00 7i.00 _ 12o ee' 72 00' N01 ]0 34'w WW34'w Not Jo'3�'w i•31'w i.�aaQKIr A _CZRCJ*M-- 0 � �pF 70.10' a UN[ a �a 70.10 �a yaw 3: » R � ,,o �•w _ — .--- -- w a C_ 0 �I 0 0 N _— — R Y. �- ram. —_ 7010 7010uw. No,'2r35'w a Prepared by: Patrick G. Wbite Ain't. Collier County Atl'y. 3301 Taidaral Trail Fast Naples. Fl, 34112 2831294 OR; 2864 PG; 0608 RECORDED :n CFFIC!A_ RECCR:S cf COLLIER COUNTY, FL 07/,3,12001 at 011:2M DWIGHT E. BROCK, CLERK RIC EEE 31.50 Rete: HUI 1N7!R0?PICF HCRH S3C9 DR WINDY KLOFP 'I'h4s space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Wever of Impact Fees isWr into this � day of < < 2001, by and between ColliesCodnty;^u llhcaisu i inion theyState of Florida through its t Board of County Humanity of Collier County to "Parties." RECITALS: WHEREAS, Collier CountyOrciiafl' ;t1 NTY," and Habitat for Wim," collectively stated as the the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR: 2864 PG: 0609 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. x NOW, THEREFORE, r" i�� siderat'on of the-oe$:6ing Recitals, and other good and valuable consideration, the rceit"d sufficiency, o which s hereby mutually acknowledged, the Parties covenant and agree as rfo�ws �� , t 3 \ ,< a r 1. RECITALS IN( ORIPORA�'El . 'The tc re of g ec talsEare true and correct and are incorporated by °ence herein 2. LEGAL DESCRI ,10, The legal descripl o tl "dwelling unit and its site plan (the "Dwelling Unit" Litt hed as EN bib tand is incorporated by reference *. s# herein. ° 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly _. 2 - OR; 2864 PG: 0610 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance: b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the tent of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in the attached Exhibit "B," incorporated by reference; and e. In return for the CO ; 'S',a+ver of the impact fees otherwise owed by r OWNER 0 `further coir' nd agrees to comply with the affordable hdu"An�4mnact fee waiver "ali -cation criteria detailed in the Impac=t Feei Ord�panc a 5. SUBSEQUENT TR ,� N FEtit t PA 11 �'I'� "' OWNM sells the Dwelling Unit which is subject oto t ie impact tee waiv, to a )subsc Ont purchaser, the Dwelling Unit shall be sold o� c persons or househs mehr. the waiver qualifying criteria set forth in the Impac )~_-Ordinance InNVY A44se of sale or transfer by gift of the Dwelling Unit, the original Oit�l:tll -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 and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty- - 3 - OR: 2864 PG: 0611 Eight Dollars and Eighty Two Cents ($4,848,.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, interior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County -r, e 8. RELEASE OF LIEN �pon satistuctor fiot) letion of this Agreement's # r �, requirements after t fteen ,(1-51-51from t he dot of isuance of the certificate of occupancy, or upon pcfcaym� wied ar�a,ct ties, the COUNTY shall, at the expense of the COUNTY record) �dumentation evidencing suchjitn payment or releasdt J, n � 9. BINDING EFFECT: " I is,Agreement shall rhr withahe.1and and he binding upon the Parties to this Agreemett at d tf��irheirs, suc sc and assigns. 10. RECORDING. This Agreeme aal be recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (I5) days after mailing of written notice of the violation. - 4 - OR; 2864 PG; 0612 12, REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agr�t� ' ��. r c. In addtiiota ft+ lien may beµ°to cTe ose, , or otherwise enforced by the COUNTY by , aeon suit i I w or equity including the forecl6stt a of a o 1 r ent • The COUNTY shall be if F a ,,r ettittle t r o er alb xfe s an c(sts in luding attorney fees, plus � .. �.,_ , �°° �h� • ms?µ w �: int i,at the statutory rate it Judgnj calculated on a calendar day IN WITNESS WHEREOF, the Impact Fees on the date and year first above written. Witnesses: Print Nam _t k Ku V\1 1 Print Nam y><k)az� executed this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUN , INC B _ Samuel J. •o, M.D., President - 5 - OR: 2864 PG: 0613 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this _47 day of 0,c.- A-/ .2001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, htfc. He is personally known to me. [NOTARIAL SEAL] Signa re,;of Person Takirg Acknowledgment oa r beG B. JEAN sm r+eoMnntsstoN = CC7M� of Acknowledger Typed, Printed or Stamped EXPIRES AUG 01.40tY! Le BONMTHROWH 4OFj,0ir' AOVANIAGENOTAXYWFL0410A STATE OF Florida COUNTY OF Collier The foregoing Agr by Thomas W. 011iff, Cou R COUNTY, FLORIDA W "e TH was acknowledged` Saxer, on behalf of t [NOTARIAL SEAL] Signature W. OLLIFF,6OVNTY MANAGER ,t Y js day of1p.Q�¢--, 2001 e is personally known to me. Da"ja A MSTI?dL4 Name of Acknowledger Typed, Printed or Stamped Dfth Ambvw i 00 941 �OOci - 6 - OR; 2864 PG; 0614 EXHIBIT "A" LEGAL DESCRIPTION LOT 8, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FEE BREA`KIOWN unt Owed 214.00 825.00 4 820.84 I 93.00 1,778.00 117.98 TOTAL IMPACT FEES WAIVED $4,848.82 - 7 - Type of Impact Fee A. Library Impact Fee d f ' y B. Road Impact Fee E 3 C. Parks Impact Fee:� D. EMS Impact Fee r Na E. Educational Facilities Sys ` nioact F. Correctional Facilities ee' Impact Fee'— G. G. Water Impact Fee H. Sewer Impact Fee FEE BREA`KIOWN unt Owed 214.00 825.00 4 820.84 I 93.00 1,778.00 117.98 TOTAL IMPACT FEES WAIVED $4,848.82 - 7 - i-ar tl v� 72 0071.0x0' • 72.00' i�osax•w a�'x•w Nao>9'w+ E3 *W r AA 3 40 noly g. L± 72.04Y ,�.x.w Np1�0']4w 00 � N01'JO'31•w �� ' Noy w rart Id leg �a 7064 Uw 6z ra 70.64 `� N0170 3�•w ►a+ K NIMW34 w » M1 � �p �•w — — 0 .1 o w 0 a 0 L7a6a' N0127'75•w t& NQ1R737•w Prepared by. Patrick C. White Aw% CoMr County Att'y. 3301 Tandmal Trull Fast Napim FL 34112 2831293 OR: 2864 PG: 0600 RECORDED In 0??ICIAI RECORDS o! COLLIER COUNTY, ?I. DWIGHT I. BROCI, CLIRI RIC ?E8 31.50 Retr.: HU .1 INTBRMICE; HORSUNE DR WENDY K:AP? Thlr space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. ' ex This Agreement for the.,,,, r of Impact Fees is' nleied into this)~ day of << ' 2001, by and between Collies Countj alltical° suti"+isiunf the State of Florida throug� its Board of County Humanity of Collier "Parties." WHEREAS, Collier to �s \, RECITALS: ." UNTY," and Habitat for I�WNER," collectively stated as the the Collier County Consolidated Impact Fee Ordinance, as it may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing, and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - OR; 2864 PG; 0601 WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in ---V" s deiation of tt4fig Recitals, and other good and #�. valuable consideration, the receiptid sufficiency of which hereby mutually acknowledged, .s '#t the Parties covenant and agree as fob !'e I Itr 1. RECITALS WC( RP R 4T)�b i T e iing tt'itals ate true and correct and are incorporated by re r -*e herein. 2. LEGAL DESCRIP'I C'7 1' The legal descripiir . of, ii`welling unit and its site plan (the "Dwelling Unit") ihedas Exhtbt;'A"'a"nd is incorporated by reference herein. 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - C. d e. OR: 2864 PG: 0602 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; OWNER is a first-time home buyer; The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in the attached Exhibit "B," incorporated by reference; and In return for the OWNER, affordable Impact Fei a S 5. SUBSEQUENT T' R� which is subject 4" t of the impact fees otherwise owed by °I2 further coven n w�s-ing-impact„wfee waiver r tt trtce N u impact tee waiver to a id agrees to comply with the fcation criteria detailed in the sells the Dwelling Unit t purchaser, the Dwelling Unit shall be sold o I"J'0,, rsons or househ6'115,mccttt4 the waiver qualifying criteria set forth in the Im act Orli mance. [ wz� of sale or transfer by gift of the P . Dwelling Unit, the original b �:�ha l i~emam 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 and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty- - 3 - OR: 2864 PG: 0603 Eight Dollars and Eighty Two Cents ($4,848,.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for Count�t�e ��{ 8. RELEASE OF LIEN",Npon satistac tory, iof pletion of this Agreement's requirements after e date of issuance of the certificate of occupancy, or upon prior-pymetot tattI°►tip c,t toes, the COUNTY shall, at 71 1 the expense of the COU VT � r ;cdrd)i nye rieces ark documentation evidencing such z payment or release,601en. k 9. BINDING EFFECT: is, Agreement shall rid ifl t' d and be binding upon the n Parties to this Agreemen tljir-hcrs, su�so, and assigns. 10. RECORDING. This Agreement-. a f -IL recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days atter mailing of written notice of the violation. - 4 - OR: 2864 PG: 0604 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety ((X)) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the AgrePmp�nt x C. In addtttgn;he Dien may be d, or otherwise enforced by the Caction or su inw or equity including the toteclosur qt a . rt tri= rc.►J kr apcAy. The COUNTY shall be a entitled o res open ali te''un� �tst including attorney fees, plus in( 'es' at the statutory _j IN WITNESS WHEREOF, Impact Fees on the date and year first above written. J (or ju lgmet kalculated on a calendar day ,--'e'xecuted this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUN Y, INC. B _ Samuel J. so, M.D., President OR; 2864 PG; 0605 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this L— day of ice. r4_ , 2001 by Samuel J. Durso, M.D.. President of Habitat for Humanity of Collier County, Inc. H is personally known to me. [NOTARIAL SEAL] Signat f Person Taking Acknowledgment B. JEAN 9,,liIName of Acknowledger Typed, Printed or Stamped LpCOMMISSION 6XI IRB ALIG ul a OF ADVA,.ro"., COLLIER COUNTY, FLORIDA �rN STATE OF Florida COUNTY OF Collier. The foregoing Agreetnt was acknowledged by Thomas W. 011iff, Cou ty'ager, on behalf oft [NOTARIAL SEAL]Signature Petakirng W. OLLIFF, V0VNTY MANAGER IL day of , 2001 is personall kno n to me. i�ls�r�' iQR1tSTQe� Name of Acknowledger Typed, Printed or Stamped wt 12. 300 �u..u. a., IN& - 6 - OR: 2864 PG: 0606 EXHIBIT "A" LEGAL DESCRIPTION LOT 9, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Type of Impact Fee A. Library Impact Fee a ° B. Road Impact Fee C. Parks Impact Fee , c D. EMS Impact Fee E. Educational Facilities Sy ; F. Correctional Facilities Impact 1~e G. Water Impact Fee H. Sewer Impact Fee TOTAL IMPACT FEES WAIVED EXHIBIT "B" Aunt Owed .w oma. � 214.00 Ek + I l X825.00 ?µ 'Z 1820.84 ti s 93.00 ict Fee 1,778.00 117.98 �t ems_ - .., - 7 - $4,848.82 C�� N W tz �1 i • No z^� ti s lob _ ;$ a2 �a� ►L N� � �a 72�� �,�a 3 V a n n WL 3 P. 40 - - MM -2 7s 101 *2 36'w �a xa 'da ya 72.00' — 120.61 101']0'74* 72 00 101 3O 34'WSd 'i t:--101'30]4'* N01'30'34'1M r �a �a Op" ,T " �a u�c 70.60 6w N'70.11W ]K"W 1m'30 345 w n. _ —34 P. 40 - - MM -2 7s 101 *2 36'w �a xa 'da ya AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this 1 day of aclij - 200% by and between the Board of County Commissioners of Collier County, Florida, hereinaller rcfcrmd tv as "COUNTY" and Habitat for humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETI-f: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water N � and/or Sewer Systems impact Fee Ordinance: Collier County Ordinance No. 88.97, as amended, L = the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No, 99-39, U W. the Collier County Parks and Rccre;auon l all tea °impact Fee ordinance; Collier County t'7 Collier mCourtttE°gc'ncy Medical Services System Ordinance No. 91.71, as amt:ncivc�,N Impact Ft;e Ordinance; Colyer Ctiurrttmance No. 92 amended, the Collier County nom -.Road Impact Fee Ordinance; C C y �dIW 1 `92. 3, as amended, the Cvlhs.r ° County Educational Facilit s ��rst m l tp e F�Q�a�t. at i coMier County Ordinance No. 9-- aleN t ' a 99-52, the Collier County C� tional facilities Imct Fuc Oc�rtce, as they may be further o" , v. , , w� R 11 1 w ^4 amended from time to time,°'t»ainat�er collect►velyed n as "impact Fee Ordinance", .. ap CP'" � ....newowner; o��tpied dwelling unit qualifying as provide for waivers of impact N ~ o affordable housing; and $ q WHEREAS. OWNER has applied for a waiver of impact fees as required by the Impact �a Fee Ordinance, a copy of said application being on file in the otiice of Ilousinb and urban I improvement; and 04 V WHEREAS, the County Administrator or his designee has reviewed the OWNE:k's application and has concluded that it complies with the requirements for an affordable housing � v MN waiver of impact fees as established in the Impact Fee Ordinance; an 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 4u4litXi116 the project as eligible for an impact fee waiver; and - 1 - OR: 2707 FG: 2264 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No, 2000-_ at its regular meeting of _ c AL6�e_ �_____ • 2000; and WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW. 'nil"BEFORE, in Consideration of the turceoinb recitals• the parties covenant and agree as follows: 1. RECITALS INCORPORA'T'ED. The foregoing recitals are true and correct and are I ncorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dw0linb unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incurporawd by rviercncc herein.-�- 3. TERM. OWNER agrees Wal=�rthall remain as afti>raable h��using and shall be vtlerecl for sale in -31c. c>cc with the standar d yet forth in the appendices to the ears cmmen stn from the date the certilll atC Ililpact Fee Ordinance for a period of ffftj ` (l �� �, tl g 1. I � of occupancy is issued for the D e to nt. i 4. REPREsENTAT'Jb �'S`4,M- V4k-41UN'IES.JAN, represents and warranty the following: " ,4 �� " a. The Dwelt' l shall be sold for a u fioId with a very low income as defined in the ° `atiOdEco AW11 h , pact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affvrdable housing Guidelines established in the appendices to tate 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 housine, for titleen (B) 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 54.736.34 pursuant to the Impact Fee - 2 - OR: 2101 PG: 2265 Ordinance. In return for the waiver of the impact tees owed by OWNER, OWNtR covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact tee Ordinance. 5. SUBSEQUENT `rRANSFUR. If OWNt R 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 crilcria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing; for a fifteen (15) year period alter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to tv utilized Ivr that purpose during such perioci, the impact fees shall be immediately repaid tt G T N l Y� 7. 1,11",N. The walvc d : tart ices Mshall fns. a%I ,,upon the Dwelling Unit on the C&CtiVe date of this Abreetficntj/,,wbich.-,lien may he l �recli sed upon in the event of' non-compliance with the requIrMcM�� ttli��emynt. .� tz. RELEASE cit tkN Y rJnk at,ir 1�y� 'cutltpltl0n of the Agreement kt u requirements and fifteen (l Sj\s atter lle of Oticupancy, or upon payment of the WaiVed 1� t IccS, the COUN f ah li he expense ut' the COUN'T'Y, record any necessary aoc:umentat 0� encing the terrtvi o of the lien, including, but not limited to, a release of lien. 9. t31N1)ING EFFECT. 'Phis Agreement shall be binding upon the panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gilt of the Dwelling Unit, the original OWNER shall remain liable for the impact tees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satistiea. 10. RECORDING. This Agreement shall be recorded by OWNUR at the expense of OWNER in the Otiiciai Records of Collicr County, Floridu, within titteen (15) days atter execution of this Agreement by the Chairman of the 13oard of County Commissioners. -- 3 - OR; 2707 PG; 2266 11, DEFAULT. OWNE..R shall be in detuult of this Agreement (l) where OWNER tails to sell the Dwelling Unit in accordance with the ailordubie housing standards and qualification criteria established in the Impact Fee Ordinance and thc:reaticr fails to pay the impact Ices due: within thirty (30) days of said non-compliance, or (2) where OWNER violate one of the affordable housing 4ualitication criteria in the Impact Fee Ordinance for a period of titleen (15) days atter notice of the violation. li:, R14 :S. Should the OWNEo R f thc: property tail to comply with the: said qualification criteria at any time during the tifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact lees waived shall ire paid in gull 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 repaid. Such lien shall be sup$ owner, lessee, tenant, mortgage parity with liens of any such ICo and the default is not curedl%,�vi bring a civil action to otherwise enforced by the mortgage on real property. This fetid paramount to the' t the person except, liens tars Soitic tt (l tk � 5 i;gr��ment� In �1clitit�t action or suit i certiticate of occupancy or until 5` in the Dwelling Unit of any r Cunty taxes and shall be on r '6e tr) detault of this Agreement 3 '411,1101OWNER, the Board may I may be foreclosed or s wty as for the foreclosure of a other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WI'T'NESS WHEREOF, the parties have executed this Agreement for Waivcr of Impact Fees on the date and year first above written. Witnesses: %_ // i xq 6l��-LL Print Mm -4e e'),r G �ont Print Name r1 r) dek. OWNERS: 11ABITAT FOR iUMANITY O, F CO1.1.11RNN t •Durso, M.D.Saint, � President - 4 - OR; 2707 PG; 2267 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this �j.? day of , . , 2000 by Samuel J. Durso, M.D., President of Habitat for humanity of Collier County, Inc. fie is personally known to roe. / 1 [NOTARIAL SEAL] Signature of Person ng` cknowledgment LAUREN J. BEARD MY C 14MISMON / CC 777" «^ EXPIRES ILL24,2= � •�00.S P40TARY F4 %owy ss wft A B�yM l u DATED; ATTEST: DWIGHT E. BROCK, Clerk", Attest as to thairuft•a stPatur+ only. Approved as'to form and legal sufficiency �6 Thomas C. Palmer Assistant County Attorney of Acknowledger Typed, Printed or Stamped LIER - 5 - COMMISSIONERS 1 DRIDA r o — 7'•.p_ ANTI ., CHAIRMAN OR: 2707 PG: 2268 EXHIBIT "A" LOT 10 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ON s� � day 1: AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this L day of 0-k,Y2000, by and lntween the 13oard of County Commissioners of Collier County, Florida, hereinafter refieffed to as "COUNTY" and Itabitat for Humanity of Collier County, Inc., herelnaller referred to as ,OWNER.,, 00 WITN FSSE"I'fl; �o ^' WHEREAS, Collier County Ordinance No. 98.69, the; Collier County Regional water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, u the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and RecrctOI ��1pact Fee Ordinance; Collier County Ordinance No. 01-71. aS atllAe C`ollier County . gr MedtGal Services S�stem • • „ Impact Fee Ordinance; Colder x ouniy-, rdln=ce o,� 92-2� as mended, the Collier County t C.9 + A t! Road impact Fee Ordlnan e, (oil eT fiuttti�y rds a 92 33, as amended, the Collier o e m tn t 'dtnantie County Educational Faeillti, aticfllier County Ordinance No. • • a 94-52, the Collier County Ctdtional Facilities Imt Fie Ortlthtice, as they may be further o � amended from time to time, yet after collectively et`kim- fo as "Impact Fee Ordinance", u 's*m. °; e i b provide for waivers of impact !mss fairs M in, r,,m, pied dwelling unit qualifying a, N .O N Fordable housing; and g e WNPREAS, OWNER has applied for a waiter of 4*110 fees as required by the Impact as Fee Ordinance, a copy of said application being on rile in the office of Housing and Urban _ Improvement; and WHEREAS, the County Administrator or his designee has reviewed the UWNr:R's rt F-application and has concluded that it complies with the requirements for an affordable housing � $ waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR; 2707 Pc: 2270 WHEREAS, the COUNTY approved a waiver of impact ties for OWNER embodied in Resolution No. 2000-J at its regular meeting of JAjk/ __. 2000, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the; parties covenant and agree as follows: t. RECITALS INCORPORATED. The foregoing recitals art; true~ and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan arc attached hereto as Exhibit "A" and incorporated by reference herein.co 3. TERM. OWNER age'`?� a Uwellirit and Shall be offt'rcd for sale in'' accp`riartce..+ith the st Impact Fee Ordinance for a Of occupancy is issued for the Di elting Vnit I I 4, REPRESENI-ATiO`N AND WARRf following: a, The Dwellin'' t h tl be defined ;n the aai+e�te! I remain as affordable housing in the appendices to the the date the certificate and warrants the with a very low income as Impact Fee Ordinancc and hwhvr monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b, The Dwelling Unit shall be sold to a first-time home buyer: C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable mousing for filieen (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 X4,736.34 pursuant to the Impact Fee - 2 - OR; 2107 PG; 2271 Ordinance. In return for the waiver of the impact fees owed by OWNER. OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utili7.ed for at%rdablc housing for a fifteen (15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to 6e utilized for that purpose during such period, the impact fees shall be immediately repaid to„the.COU�lTY. . ,... 7. LIEN. The waived- t - tees s bµ.„� j�,i�.+ effective date of this Agreement” which lien may be foreclosed upon in the event of U 1S� non-compliance with the requirement's � � #�CeemCtt � C-7 S. RELEASE OI+ it L tEI ^* U win s i sig t�� om letion of the Agreement requirements and fifteen (l yeai� aft 'the dad 'lssltii oath certificate of occupancy, or 7 , 9 upon payment of the waive fees, the COU shal`iaihe expense of the COUNTY, record any necessary documen r" ,)evjdencing the t;.rt + atibn of the lien, including, but not limited to, a release of lien., 9. BINDING EFFECT. This Agreement shall DV aindinb upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of salc or transfer by gift of the Dwelling Unit, the original OWNER shall remain lia6le for the impact fees waiytrd until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and Shall remain a lien against the Dwelling Unit until the provisions of paragraph k are satisfied. 10. RECORDING. 'Phis Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days ager execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR: 2707 PG: 2272 11, Dla'AULT. 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 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. RFMEDIFS. 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 coptMencipg,,Dpthe eflcctive datc of this Agreement and continuing for fifteen (15) years repaid. Such lien shall be sine owner, lessee, tenant, mort geqf, or parity with liens of any such Cahnry and the default is not curec`�wt�ht bring a civil action to enfoi i otherwise enforced by the COh h te`of i tf nc certificate of occupancy or until "Y`� and paramount to the�lr^tert in the Dwelling Unit of any other erson exccot liens or County taxes and shall be on esg $,h�uIds b e be to default of this Agreement Y A a E Ek "'E lOj°tea a�4vritttwtott ca OWNER, the Board may agreement. Irr°`�*dltlori` jhc lien may be foreclosed or t ',--by action or suit rfi uglaity as for the foreclosure of a mortgage on real property. This remedy w(,scunlllt�,with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Prjnt N e � — Prrriint Name ►' nRG6 OWNERS: HABITAT FORE MANIT OF R C TIY COLLIE� /.r'� Samuel . urso, M.D., President - 4 - OR: 2707 PG: 2273 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this a_ day of �% . 2000 by Samuel J, Durso, M,D,, President of Habitat for humanity of Collier County, Inc. lie is personally known to me. [NOTARIAL. SEAL] Signature of Person Takt Acknowledgment r LAVKCN J. BEARD Name of AGknowlv4S�r Typed, Printed or Stamped MY COMMISSION 1 CC MIJ* s 'u OFto I -W -NOTARY I4 " DATED: 1� 1 I I LX ATTEST: DWIGHT E. BROCK, By: vim.. puty Clerk Att"t as to CNirm'= sipaturt only@ Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney it -TI IJ. - 5 -- TY COMMISSIONERS r CHAIRMAN *** OR: 2707 PG: 2274 *** EXHIBIT "A" LOT I I OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. } t ON e... AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES 'rhis Agreement for the Waiver of Impact lees entered into this J day of _ __�� 1000, by and between the Board of County Commissioners of Collier County, Florida, hcrcinaticr r0erred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER.,, o c� WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water p and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No, 88-97, as amended, C:2 $ the Collier County Library System Impact Fee Ordinancc; Colllcr County ordinance No. 99-39, the Collier County Parks and Kcc,TQ1tJ o Ordinance No. 91-7 1, as amendtCt - , �, ; Impact Fee Ordinance; Collfier Goutty Road Impact Fee Ordinance; (' l ec l I IA r H .� County Educational Facliltlsyi u a a o 99.52, the Collier County COr tional CQ ; M w ;� amended from time to time, ereirif Ei .au 1 N provide for waivers of impact fees-- cn .a e C-` r affordable housing; and Collier County 9? Facilities collectively re t Fee Ordinance; Collier County Medical Services System gas emended, the Collier County �2 3, as amended, the Collier M-;Cdllier County Ordinance No. ct,�ncc, as they may be further � J` as "Impact Fee Ordinance", ,ed dwelling unit qualifying as m aact oWHEREAS, OWNER has applied for a waiver of impfees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and 4040 WHEREAS, the County Administrator or his designee has reviewed the OWNED tz application and has concluded that it complies with the requirements for an affordable housing �uvaiver of impact fees as established in the Impact Fee Ordinance; and s��s~ 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 Nee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2707 PG: 2282 WHEREAS, the COUNTY approved a waiver of impact tees for OWNER embodied in Resolution No. 2000-� 14 at its regular meeting of JjAyAt 1 , 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (tile "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by rcfcrence herein. 3. TERM. OWNER agr��hat t e Dwelllit hall remain as affordable housing and shall be offered for sal'n accxdanc with the stand s s`t forth in the appendices to the w,. date the certificate Impact Fee Ordinance for pe c d tf e l 1 .y comment from the ! € ¢ t t of occupancy is issued forihewlUtl 4. REPRESENTATi0�S AND WARRANTIES t Oft represents and warrants the following; . ,. a. The Dwel 'iJi Ball be sold"qui iusehold with a very low income as defined in the act Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall he 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 $4,736.34 pursuant to the Impact Fee - 2 - OR: 2707 PG; 2283 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact tee 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 stet forth in the Impact Fee Ordinance. 6. AFFORDABLE RE:QUIREMI NT. The Dwelling Unit must 6e 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 C-OUN TY 7. LIEN. The waived �� Acrn upon the Dwelling Unit on the effective date of this non-compliance with the 8. RELEASE PF requirements and fifteen (t upon payment of the wai record any necessary do( limited to, a release of lien. which lien may be fees, the CO i,idencing the I upon in the event of ion of the Agreement certificate of occupancy, or expense of the COUNTY, of the lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions Set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 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 alter execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR; 2707 PG; 2284 11, DEFAUL"f, 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 fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall he 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 commenein#--on„4the effective date of this Agreement and continuing for fifteen (15) years front. e tate otissuancer rf +certificate of occupancy or until repaid. Such lien shall be su riot nd aramount to the mt,' res to the Dwelling Unit of any P M .13.4 ' owner, lessee, tenant, mortgaiee, dor < parity with liens of any such Co11(1 t N,t and the default is not cured hin bring a civil action to enforc S agreement. In otherwise enforced by the COl> Tify,” coon or liens fir County taxes and shall he on e in default of this Agreement J OWNER, the Board may tl° lien may be foreclosed or f-ity as for the foreclosure of a mortgage on real property. This other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the 13oard in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print N .4! , o Print Name "7 lI OWNERS: HABITAT FOR HMANIT OF COLLIER C T B'. _ Samuel urso, M.D., President - 4 - OR; 2101 PG; 2285 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this _,5_0 day of�-,,r , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, In,;. He is personally known to me. [NOTARIAL SEAL] Signature ofPerson T Acknowledgment cz« LAUREN J. BEARD Name of Acknowledger Typed, Printed or Stamped j MY COMMISSION / CC m 1'9 9MRES: SWUM= K n A, i-iuu.)-NOTARY R. NaYry Savas! Cu ` ' DATED: ATTEST; DWIGHT E. BROCK, C By: Deputy Cleric Attast at to Chairm'i 418rov1as 6toft 1 1411 and legal sufficiency LIER FOUNTY COMMISSIONERS COONTYJLMDA - 5 - V CHAIRMAN Thomas C. Palmer Assistant County Attorney - 5 - V CHAIRMAN I" OR; 2707 PG; 2286 *** EXHIBIT "A" LOT 13 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUG1496, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ON '� aA `�E•"a' a _� M p N r un U a a� a moo.. 0 Nom. w ab o El a© AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this I day of, 'tk_ 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., hereinatier referred to as "OWNER." WITNESSFTIL WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact the Collier County Parks and Ordinance No. 91-71, as ameoc Impact Fee Ordinance; Collier Road Impact Fee Ordinance; k County Educational Facilities Sy, 99-52, the Collier County Cort amended from time to time, provide for waivers of impact affordable housing; and ; Collier County Ordinance No, 99-39, the Collier County haler dlnartce No -\92-2.\2,` ;r o rtt yp that � 0; ina�- a gal Facilities ImFee Q Wler collectively refire Fee Ordinance; Collier County Medical Services System the Collier County as amended, the Collier County Ordinance No. , as they may be further as "Impact Fee Ordinance", dwelling unit qualifying as WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on the in the office of Housing and Urban i Improvement; and Or WYIFFLAS, the County Administrator or his dcsi6nee has reviewed the OWNER's L application and has concluded that it complies with the requirements for an of orda6le housing --waiver of impact fees as esta6lished in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2707 PG: 2288 WHEREAS, the COUNTY approved a waiver ol' impact tees for OWNER embodied in Resolution No. 2000- J ),Q at its regular meeting of 1 2000: and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, 'I'llEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrt and shall be offered for sale fin act / 1 111/ Impact Fee Ordinance for aperpod of occupancy is issued for the Iwel 4. REPU5;FNTA J6I , '9'_ following! a. The Dwei c x ie Dwelthii' tVoi" all remain as affordable housing with the stands s s forth in the appendices to the e fI ) vearskcommer►cinu from the date the certificate Utt�. RAN IES i WN R represents and warrants the be sol hvdsehold with a very low income as defined in the dt mm to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. 'Tile 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 54,736.34 pursuant to the Impact Fee - ? - OR: 2707 PG: 2289 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. Tete 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 tp.-the COUNTY. IVI �.' 7. LIEN. The waived-' i�c t "fees s►ai �'Ft�n upon the Dwelling Unit on the effective date of this Agr me ..,whJcb lien may bei``"vfor losed upon in the event of non-compliance with the 8. RELEASE requirements and fifteen (1 upon payment of the waive record any necessary docu limited to, a release of lien. fees, the CO v,jdencine, the of the Agreement certificate of occupancy, or expense of the COUN"rY, of the lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 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 altar execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR: 2707 PG: 2290 it. DEFAULT. OWNER shall be in default of this Agreement (I ) where OWNER fails to sell the Dwelling Unit in accordance with the aflordable housing standards and qualification criteria established in the Impact Fec Ordinance and thcrcaticr fails to pay the; impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the tifieen (15) year period, or should OWNER violate any provisions ofthis 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 un the eflective date of this Agreement and continuing for fifteen (15) years r,60 t o date of rssua cte l .the certit3cate of occupancy or anti! repaid. Such lien shall be s pertcir and paramount to the,\ tece�st in the Dwelling Unit of any , owner, lessee, tenant, mor ag e, or other re n except liens tor�County taxes and shall be on x " parity with liens of any such 0buptyxers St iul athe V' HR W in default of this Agreement and the default is not curd it ays Rt .wri r n h0OCK"to OWNER, the Board may bring a civil action to enf it'6"This agreement. t4,-"0ddititti )he lien may be foreclosed or otherwise enforced by the Cf 111', f by action or sut l t uity as for the foreclosure of a A � w mortgage on real property. This recnecyiiukiut`vith any other right or remedy available to the COUNTV. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory tate for Judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HU ANITYQF COLLIER COU IN ' �> B Samuel J.1burso, M.D., President - 4 - OR: 2707 PG; 2291 STATE OF Florida COUNTY 01 -Collier T'he foregoing instrument was acknowledged before me this +_ clay of _�i, j�� , :000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. fie is personally known to me. 1 [NOTARIAL SEAL] Signature of Person TakQ Acknowledgment _ 1'"r�� J e)&n'r-rI V!—T E LAURN J. BEARD Name of Acknowledger-Typed. Printed or Stamped p t14 CA1bJ1lSIOW r CC mays �?1� ExnRes iatvbovt '� 0 .. A 1 DATED: w_ G 1 � ICU ATTEST: I3WLGHT E. BROCK, Attest as to Chaimull Signature only. Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney IER F COUNTY COMMISSIONERS - 5 - r CHAIRMAN *** OR: 2707 PG: 2292 *** EXHIBIT "A" LOT 14 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COMM FLORIDA. P } 33 � day AGREEMENT FOR WAIVER OF COLLIER COUNTV IMPAM FFFS This Agreement for the Waiver of Impact fees entered into this I day of; ,r 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter reli rred to as "COUNTY" and Habitat for humanity of Collier County, Inc., hereinatter referred to as "OWNER," m .o WITNESSETH; WHEREAS, Collier County Ordinance No, 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, M CJ la. = a the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39 the Collier County Parks and aMAJil( Fee Ordinance; Collier County Q+ Ordinance No. 91-71, as amen e , .sthe Collier County "trgericy Medical Services System ey p Impact Fee Ordinance; Col0cr G;'autrty rdl-ft cc ---NV 92-22;, as amended, the Collier County L7 a' 0 O Road Impact Fee Ordinance; t~�llt% ot�i 4 16' l aitc1 Jiro 'm 2-3as amended, the Collier O— : 2 . County Educational Facilitie*-S*Me� �p� t,I ee 0`t tiinan�y anti sillier County Ordinance No. 4i a'�!' - 99-52, the Collier County C6rr6�iioval Facilities ee ( nce, as they may be further :4�, o amended from time to time, ire °Rer collectively etrrto as "Impact Fee Ordinance", provide for waivers of impact tem tdt• neetipted dwelling unit qualifying as N o affordable housing; and� o WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on Zile in the office of Housing and Urban 9 Improvement; and w WHEREAS, the County Administrator or his designee has reviewed the OWNER's as application and has concluded that it complies with the requirements for an affordable housing pvaiver of impact fees as established in the Impact Fee Ordinance; and p W L �-..• WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR; 2707 PG; 2396 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Rcsolution No. 2000- at its regular meeting of41 4') 2000, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. "rhe legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. -� CA 3. TERM. OWNER at ttiewtifi,eL`rt shall remain as affordable housing and shall be offered for saltin accordance with the stern ds het forth in the appendices to the Impact Fee Ordinance for h pettod of t) ye* cam Mdg from the date the cerllflcatc of occupancy is issued foi thebWelllltg Unit E „ 4. REPRESENT TiON�`"'�►1V�i w"AI �1I IFS �� �R represents and warrants the following: r ' " a "„ a. rhe p 1�1Uit shall be sold thausehold with a very low income as defined in the ndic6 act Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. "I'he 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 $4,736.34 pursuant to the Impact Fee - 2 - OR: 2701 PG! 2397 Ordinance. In return for the waiver of the impact fees owed by OWNFR, OWNER covenants and agrees to comply with the affordable housing Impact tee wiliver tlltalitwation 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 get 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 he immediately repaid to the-COOTY. AC 7. LIF,N. The waived,,,,,,'fees a ab effective date of this AgreFin n ,, which lien may non-compliance with the requirements or,is ��rrecme�t. 8. RELEASE i0F 1"L requirements and fifteen (1 upon payment of the waive&�ct fees, the record any necessary documet t tido idencing the limited to, a release of lien. upon the Dwelling Unit on the upon in the event of of the Agreement certificate of occupancy, or expense of the COUNTY, of the lien, including, but not 9. BINDING EFFECT- This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact lees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. lo. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within titieen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR: 2101 PG: 2398 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 therealler fails to pay the impact fees due within thirty (30) days of said non-compliance, or (1) 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 clualification criteria at any time during the filleen (IS) year period, or should OWNER violate any provisions of this AgMcmertt, 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 > i ti GOni;tltute g lien Pit the Dwelling Unit commencing on the etiective date of this Agreement and continuing for fifteen (IS) years repaid. Such lien shall he suO owner, lessee, tenant, Pariv with liens of any sue and the default is not curelvktl bring a civil action to enfd* otherwise enforced by the COIL mortgage on real property. This )f,nd paramount to I or dtfi&vperson ex e � y tees *3 ho ld4he)l his agreement. 1w VST , by action or su ,Pfthe certificate of occupancy or until "kot in the DWelling Unit of any liens for 'County taxes and shall be on 6e'in default of this Agreement OWNER, the Hoard may lien may be foreclosed or as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fW;h incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ITO M, ofI ��v OWNERS: HABITAT FOR HUVANITY OF COLLIER COPWY, amuel J. rso, M.D., President - 4 - OR: 2101 PG: 2399 STATE OF Florida COUNTY OF Collicr The foregoing instrument was acknowledged before me this day of �• 2000 6y Samuel J. Durso, M.D., President of Habitat for Humanity of Collicr county, Inc. He is personally known to me. [NOTARIAL SEAL] !� re Si natuof Person Talo nowledgment LAUREN J. BEARD MY OUMMISSION 0 CC T"196V1 OF/ BXnMeS iwtum�u 1 •N4) NOTARY P4 pa., E�"w. a tfowb� DATED: '13 11 IVU ATTEST - DWIGHT E. BROCK, By: mcputy Clerk Attut of to Chaiman's sipaturi on1j, Approved as to %rm and legal suifieiettey b ._ Tho C. Palmer Assistant County Attorney of t' 6 [-J — , Printed or Stamped ._. IER - 5 - COMMISSIONERS r C!Ot 9ANTINE,CHAIRMAN *** OR: 2701 PG: 2400 M EXHIBIT "A" LOT 15 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. wP =v 3, A4 yS _` ,'ff ff AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this L day of 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter reterred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinatler referred to as "OWNER." a> WITNF99F.T1-I: WHEREAS. Collier County Ordinance No. 98-69, the Collier County Regional Water Nh and/or Sewer Systems Impact Fee Ordinance: Collier County Ordinance No. RR -97, as amended, r r the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, a the Collier County Parks and Recrc i i a i l f act Fee Ordinance; Collier County ,o Ordinance No. 91-71, as amended; the Collier County e rvie`it;ency Medical Services System 19 N U • • is Impact Fee Ordinance; Colter CoityOrdi'rcanre9°. 92-2 as amended, the Collier County c r �-' Road Impact Fee Ordinance; �l teQ�'buydar��c� 923, as amended, the Collier I IJ County Educational Facilltio tdn f i mmk�eO dinange;� and-Lbllier County Ordinance No. • • 99-52, the Collier County C �#tolional Facilities Im�i i t Fee Qrdinance, as they may be further a A amended from time to time, rc%after collectively rd fdtred to as Impact Fee Ordinance", !N provide for waivers of impact t„snv rc� t►pied dwelling unit qualifying as N A o a%rda6le housing; and a� o WHEREAS, OWNER has applied for a waiver of impact tees as required by the Impact Fee Ordinance, a copy of said application being on tilt; in the office of dousing and Urban $ Improvement; and WHEREAS, the County Administrator or his desibnee has reviewed the OWNER's >`? application and has concluded that it complies with the requirements for an affordable housing .» o .�� waiver of impact fees as established in the Impact Fee Ordinance; and SWHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR! 2707 PG: 2402 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000- at its regular meeting of , I , 2000; and WIIE:REAS, 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 are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agret� tfie Dwelltng 1�a11 remain as affordable housing and shall be offered ti)r sale i acFdancn.-..with the standar seCorth in the appendiee�k, to the Impact Fee Ordinance for a period crf ffte (15),Yearso mea�-inw'rfrom the date the certificate of occupancy is issued for the Duel ing tit. i 3 k 4. REPRF.SENTA!'I£ S AiVD W 'RI RANTIES. PW presents and warrants the 11... , 7 following; a. The Dwelli 1 hall be sold ehold with a very lvw income as defined in the atcs �� tie Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the aftbrdable housing guidelines established in the appendices to the Impact Fee Ordinance; D. The Owulling Unit shall be sola to a tlrst-timt; 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 $4,736.34 pursuant to the Impact Fee - 2 - ORS Z707 PG; 2403 Ordinance. In return for the waiver of the impact lees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENTTRANSFER. If OWNER sells the Dwelling Unit subject to the impact fce waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the Qriteria set t'orth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period alter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized Por that purpose during such period, the ilopaGt fees shall be immediately repaid to the COUNTY. € , a 7. LIEN. The walvedA tt'fe sMsfiall r °° effective date of this Agreement which lien may be non-compliance with the reg4 irerhents of this,Agtemet 8. RELEASE 6F k10 Y 1Jp nSa'ts1 requirements and fifteen (15) ��4rs after the date 0 upon Payment of the waived imo fees, the COU y record any necessary document&..' Cing the tX limited to, a release of lien. upon the Dwelling Unit on the upon in the event of of the Agreement the certificate of occupancy, or phe expense of the COUNTY, of the lien, including, but not 9. BINmc EFFF.C'I'. 'Chis Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, sticcemorS and amign5. 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 shalt run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECOKDIN(j, This Agreement shall be recorded by OWNER at the expense of OWNER. in the Official Records of Collier County, Florida, within fitleen (15) days after cxvc Ilion of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR: 2707 PG: 2404 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 impact ti=es due within thirty (3o) 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 1l11een (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property tail to comply with the said qualification criteria at any time during the fiticcn (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 cotnmencin6 on the effective date of this Agreement and Cl1111111U1ng for �CCII (l S) yCarS ftv is X tt, of-t;ta �� 4- he certificate of occupancy or until ypeto'd out to the terct in the Dwelling Unit of any repaid, Such lien shall be surranparamn owner, lessee, tenant, mortgagee, or othe rso exce t liens or ounty taxes and shall be on parity with liens of any such County tabes; ghdu dE a Rs be in default of this Agreement gat hih ' oxo h da s abet;vriitetotl� Co OWNER, the Board may and the default is not curer fl� ( ) bring a civil action to cnfo�� this agreement. li6dittotihc lien may be foreclosed or otherwise enforced by the COF 1 action or shit . t e4iilty as for the foreclosure of a mortgage on real property. This remedy«setrtituiive wtth any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact lees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANI"I OF COLLIER Cojwfy By� _ Samuel J. urso, M.U., President - 4 - OR; 2707 PG; 2405 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ae day of _ .2000 by Samuel J. Durso, M.D., President of Habitat forHumanity of collier County, Inc. l le is personally known to me. [NOTARIAL. SEAL] Signature of Person Takinknowledgment LAUREN) BEARDName of AcknO t er yped, Printed Or StampedMTWMMj$Wr4•cc,nivn -n , EXHRe10124rbon PAS m� OIR I•W(})•�TARY F4 NWn Sir—* Oo— C.. x "<, DATED: `ZS7t I ATTEST: DWIGHT E. BROCK, C By: Attest els to Chairve's i14Qaure - 044. Approved a$ to form and legal sufficiency Thomas C. Palmer Assistant County Attorney s �n - 5 - TY COMMISSIONERS Y_EL.981 DA J. CO ANTI E, CHAIRMAN *** OR: 2707 PG: 2406 "t EXHIBIT "A" LOT 16 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of impact Fees entered into this k day of 2000, by and between the Board of County Commissioners of Collier County, Florida, hercinafier referred to as "COUNTY" and habitat for Humanity of Collier County, Inc., hereinaticr referred to as "OWNER." �a W1TNIiSSETI-1: WHEREAS, Collier County Ordinance No. 98.69, the; Collier County Regiunal Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance Pio. 88-97, as amended, N M+ M pSystem Impact Fee Ordinance; Collier County Ordinance No. the Collier County Library the Collier County Parks and R Ordinance No. 91-71. as amend "ItImpact Fee Ordinance: Copi' er'( Road Impact Fee Ordinalce:,,Ci k County Educational Faclhftee 99.52, the Collier County amended from time to time, provide for waivers of impact affordable housing: and �i�.;tts:Itaact Fee Ordinance: Collier County the Collier Countyency Medical Scrviccs System Ihht?[dtnarneV'li. 92-2, U1111, amended, the Collier County J C16 t j n�C�l +U,' 92 33, as amended, the Collier ( 10 lite din, -eta end 4 ollier County Ordinance No. 'be further )nal Facilities Icx;t l eetnance, as they may tnufter collectively re�ei 'J to as "Impact Fee Ordinance", s1trnew-occupied dwelling unit qualifying as WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban d 9 Improvement: and W WHEREAS, the County Administrator or his designee has reviewed the OWNF.R's p application and has concluded that it complies with the requirements for an affordable housing Ce"waiver of impact fees P as established in the Impact Fee Ordinance, and V ," ~ 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 I -4c ordinance Hualifying the project as eligible for an impact fee waiver; and - 1 - OR; 2707 PG: 2408 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000- X33 at its regular meeting of Djlfll d� _ , 2000, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. . 3. TERM. OWNER agree � Dweihrt �tf�l�iall remain as affordable housing and Shall be Vffered for sale in accordance with the standar set,torth in the appendices to the � Impact Fee Ordinance fora ertod oiifteeears 6ominencinj,,lcom the date the certificate of occupancy is issued for the D ' el ing lttit Ek „ 4. REPRF9F-NTAI I*, 9 A`ND �RR N ES 11 �i2"represents and warrants the following: a. The Dwell O shall 6e sold t i u 'hold with a very low income as defined in the ataiiltcs: t tltee `nlmpact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; 6. 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 titieen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact tees in the total amount of $4,736.34 pursuant to the Impact Fee - 2 - OR: 2707 PG: 2409 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT "TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purcha5cr, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance, 6. AFFORDABLE REgUIREME:NT. The; Dwelling; Unit mast tic; utilized for affordable housing for a fifteen (15) year period after the date the curtificate 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 Cf3UN1 Y 7. LIEN. The waived�ttes slialT a lfeupon the Dwelling Unit on the MOM date of this Agreemeni,��w�ich .� lien may be eei�sed upon in the event of non-compliance with the S. RELEASE requirements and fifteen (15 upon payment of the waived irii record any necessary documentat limited to, a release of lien. 1�N. Y 1pcn s ager the at fees, the CO fencing the ter .m a nplttion of the Agreement '- Of Ikwertificate of occupancy, or !,.k)+e expense of the COUNTY, maxi's of the lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agmetnent and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 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. - 3 - OR! 2107 PC! 2410 H. DEFAUL'I'. 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 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 (IS) 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 GonSt11U1G a lien On tht~ pWelltng unit comm t ius,, on the effective date of this Agreement and continuing for fifteen (15) years I repaid. Such lien shall 6e supet owner, lessee, tenant, mortgttge parity with liens of any such Cop' k and the default is not cured W# bring a civil action to enfo� otherwise enforced by the Co mortgage on real property. This p %th aatco "issu, s he certificate of occupancy or until t*" "and paramount to the terost in the Dwelling Unit of any or b"thy eroo exce t liens' or ounty taxes and shall be on be In default of this Agreement i ",I N . ys' a vritt '�tlo OWNER, the Board may M1 1-z' `` } is agreement. Ire d4iot{ �I'he lien may be foreclosed or TV,' -,13y action or suit iti et'lility as for the foreclosure of a m Mme �s�ui� ih any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR I�JLMAWTY OF COLLIER C TYj fm` p BY F" --- amucl JANurso, M.D., President - 4 - OR! 2701 PG: 2411 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 3` day of ._�L.c, e , 2000 by Samuel J. Durso, M.D., President of Habitat for humanity of Collier County, Inc. lie is personally known to me. [NOTARIAL SEAL] Signature of Person Taking -Acknowledgment -:3- J Name of AcknowledWr-TypeJ,, Printed or Stamped Att"t 43 to Chafr",-. 151r tura only. Approved as to form and legal sufficiency r� A✓� Thomas C, Palmer Assistant County Attorney - 5 - UNTY COMMISSIONERS *** OR: 2707 PG: 2412 ftl EXHIBIT "A" LOT 17 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. �J', .yjb 1 g....\ AGREEMENT FOR WAIVER OF COLLIER COUN'TI MPACT FFES This Agreement for the Waiver of Impact Fees entered into this 1 day of(�L,X000, by and � --- between the Board of County Commissioners of Collier County, Florida, hereinafter reterred to as "COUNTY" and Ilabitat for Ilumanity of Collier County, Inc., hereinafter referred to as "OWNER." �o WITN I:SSETIL q .O N WHEREAS, Collier County Ordinance No. 98-69, the Collier County RcUional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and RecreationW11-40 4 -` ipact Fee Ordinance; Collier County t ON Ordinance No. 91-71, as amen*d; heCollier County`-, ncy Medical Services System .. C:3 Impact Fee Ordinance; Collyer 61'i Rty Ordinances-�No� 92-2 as ,amended, the Collier County $, o Road Impact Fee Ordinano'e;tlkxjCiol rQ vari,6,e �(i "m 2 3, as amended, the Collier .: County Educational FacilitiesRS`�tn pct Fie 0dinane aitd C'tllier County Ordinance No. a 99.52 the Collier County CO tional Facilities Imp ct F Ord rice, as they may be further C>.>. Y. a• -s .��, amended from time to time, aRer collectively rerr io as "Impact Fee Ordinance", V o o ,s ev b provide for waivers of impact 66-", Y+a�t^ect►pted dwelling unit qualifying as !+s %J0 9S affordable housing; and n�i o m WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's F t3 application and has concluded that it complies with the requirements for an affordable housing �o V 2 waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2707 PG: 2414 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-_, 1_ at its regular meeting ofaLkQA,1-A-� _ i , 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: I. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL. DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrces, t vel ing rT ' I a11 remain as affordable housing and shall be offered for sale i- ace r-dangg with the stands s se forth in the appendices to the Impact Fee Ordinance for a Vinod of fiRec fi3 jean omm;;40n� from the date the certificate '``re` of occupancy is issued for the Dwellings U it i E . x 4. REPRESENTATION -AND' ARrepresents and warrants the zI following. a. Che Dwel'hi 1t shall be sold ter Fehold with a very low income as defined in the a " Ri�dtcs �� i#te Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. 'rhe Dwelling Unit shall be sold to a first-time home buyer; C. 'Che 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 owns impact fees in the total amount of $4,736.34 pursuant to the Impact Fee 2 OR; 2707 PG; 2415 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the atiurdable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. $, SVi3Si;QU1:NT "1-RANSFER. If OWNER sells the Dwellin6 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 atter 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 tc the M NTY 7. LIEN. The waived pct fees slialt k4 ei upon the Dwelling Unit on the effective date of this Agre'ment' wh c,*, lien may be 'orelosed upon in the event of y non-compliance with the requirements of ibis Aeemertt. 8. RELEASE bF k, L FN ,, i U�o4 s is ago ctompletion of the Agreement requirements and fifteen (l ears after the date o%,4'ssuartCe o,# certificate of occupancy, or upon payment of the waivedmp�t fees, the COUI�►a)Is� �he expense of the COUNTY, record any necessary documentit-6ideencing the ��i�t 'n of the lien, including, but not limited to, a relcasc of lien, 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 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. - 3 - OR: 2101 PG: 2416 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 thcrcaficr faits to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the atTordable 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 dualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions ofthis 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 eflective date of this Agreement and continuing for fifteen (15) years tro�t'he certificate of occupancy or until repaid. Such lien shall be supenb) Qand paramount to the tere t in the Dwelling Unit of any OyVnCIt lQ$$ r r, tenant, mortg gees or other erso exce t bens or County taxes and shall be on t 3 ; parity with liens of any such Cont'taites §h' —, '� d he �UV�Rben default of this Agreement k t 4 Y yk k n.,� { E and the default is not curedaitt('0)'"Fa'atEervritttt to OWNER, the Board may bring a civil action to crilJoicir4kis agreement. In " dltton; 4 lien may be foreclosed or otherwise enforced by the COI ICY-byw action or suit � e�t,ity as for the foreclosure of a mortgage on real property. This remedy it!1t�,wvtil,sany other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for ,judgments calculated on a calendar day basis until paid. IN WI'T'NESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: _•_wo-AL OWNERS: HABITAT FOR N ANITY O1, COLLIER CO TY..II'" ' i amuel J.,Urso, M.D., president - 4 - . , • ... `. OR: 2707 PG: 2417 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 30_ day of ' A L, c, V- , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL) Signature of Person Talo Acknowledgment LAUREN J. BEARD MY CDMW3N0N / CC mlWl EXPIRES 10124/"Z I -W04 -NOTARY ►PIt NOWY Slnrn R k#Aft Cu DATED: > ATTEST: DWIGHT E. BROCK, C By: Name of Acknoi*dj;e�Typed, Printed or Stamped Att*st as to Chatroan's V"#tVrt only. Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney L1ER - 5 - COMMISSIONERS LORIDA 4*� J _ d e•., -•e._ J. CO ANTM, CHAIRMAN OR: 2707 FG: 2418 EXHIBIT "A" LOT 18 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF T14E PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. t af 1 �s in M _ M �a �S a AGREEMENT FOR WAIVER OF COLLIER COUNTV IMPACT FEES This Agreement for the Waiver of Impact tees entered into this 1 day of* �� < � � '000, by and between the Board of County Commissioners of Collier County, Florida, hereinaller referred to as "COUNTY" and Ilabitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 98-60, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No, 88-97, its amended, the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 99-39, the Collier County Parks and 1 Ordinance No. 91-71, as amen Impact Fee Ordinance; Colt°ier Road Impact Fee Ordinance; Q County Educational Faciliti� 99-52, the Collier County Cot amended from time to time, provide for waivers of impact affordable housing; and Fee Ordinance; Collier County e Collier County ' nier' ] { r�iinallt~e Nod 92-2 as z Z6my ,Ckdt haA-`-- i l A 'm92 iV h iter Iea�mane at Facilities Imp*,,aFeeqV (tdu ter collectively re co (i Medical Services System the Collier County , as amended, the Collier ier County Ordinance No. as they may be further as "Impact Fee Ordinance", dwelling unit qualifying as WHEREAS. OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban $� Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWi'NER's application and has concluded that it complies with the requirements for an atfordable housing �e g nvaiver of impact fees as cstablishcd in the; Impact Fcc Ordinancc; and r E `" " WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fete Ordinance qualifying the project as eligible; for an impact fee waiver, and - 1 - OR; 2707 PG; 2426 WHEREAS. the COUNTY approved a waiver of impact tees for OWNER embodied in Resolution No. 2000-_o at its regular meeting of � _.�.. 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUN'T'Y. NOW. TIMMORP. in consideration of the foregoing recitals, the parties covenant and agree as follows, 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and arc; incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees ' 1) 01 ttt all remain as atlordable housing and shall be offered for sale ance_with the standar set'rth in the appendices to the Impact Fee Ordinance for a p6erioA of iftee (5� ears commen tnEfrom the date the certificate a of occupancy is issued for the DiFvelinglrtt Ek 4. REPRESENTA f 9N$—A" �ARkXNES � + W' N !represents and warrants the 4 following: �r a. The Dwell T,J#i1 5ha11 be sold to, a uhold with a very low income as defined in the apact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner: d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,736.34 pursuant to the Impact Fee - 2 - OR; 2707 PG; 2427 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. G. AFFORDABLE REQUIREMENT, The Dwelling Unit must be utilized for affordable housing for a fifteen (ls) year period atter the date the certificate of occupancy 19 issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid tothe C-Ot— T Y. 7. LIEN. The waived "4't upon the Dwelling Unit on the �.w effective date of this AgreFmertt" which lien may before losed upon in the event of non-compliance with the requirements o[s Agr�eemet�t t SOF k3"LEN Uoi sisaio� k completion of the Agreement 8. RELEASE. I requirements and fifteen (I�y'earg-' Aer"tti da4—' ssu o certificate of occupancy, or upon payment of the waived r6`pact fees, the COU shall; a ,the expense of the COUNTY, record any necessary document (i0oa )evidencing the term'j, 46n of the lien, including, but not limited to, a release of lien. 9, BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fCCs Wa1VCd Until said impact fees are Paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 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. - 3 - OR; 2707 PG; 2428 11, DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the aliorda6le housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (?.) where OWNER violates one of the atfordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (1 S) days atter 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 fres waived shall constitute a lien on the Dwelling Unit comttncin� continuing for fifteen (1 S) years #x""'ni, 'dale Ot ISS 7 repaid. Such lien shall be sVpertpr,-undw.paramount owner, lessee, tenant, mortgagee, o_r othei;ert ex parity with liens of any such Co unty taxed. ihe)til4'1 I . 3 h ,_ and the default is not cure ,�vvithin° (30) days diet~; bring a civil action to ent'64deJ agreement. Ii otherwise enforced by the COb�7Tby action or d is+imU l mortgage on real property. This reme y „ the etiective date of this Agreement and certificate of occupancy or until to the)tere t in the Dwelling Unit of any liens\tor iCounty taxes and shall be on be din default of this Agreement ,,V to OWNER, the Board may rr ihe lien may be foreclosed or equity as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the 13oard in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN wlTmr-gg wi-ImPOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses; •. n OWNERS: HABITAT FOR FPMANITY OF COLLIER �/Btnuel M.D., President - 4 - .1 1 OR: 2707 PG: 2429 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this day of .2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. tie is personally Known to mc. [NOTARIAL SEAL] Signature of Parson TAWg Acknowledgment LAUREN J. BEARD Name of Acknowledger Typed Printed or Stamped MY C OMMISNON • cc ?"M _ ExnaEs. IWlAla002 I •iW)•NOTARY 14 Nary ScnKa A fla DATED: BOARD . C,,UN'FY COMMISSIONERS COLLIER (C,OuNTY, FLORIDA ATTEST: I)WIGI1'f F- BY ('Itrk; 5 I ,Y 4 By: Clerk Approved'as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney 11 - S - M M OR: 2701 PG: 2430 *** EXHIBIT "A" LOT 20 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK. 349 PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COL.L.IER COUNTY, FLORIDA. ¢R;Z�a 4{ i F Q*tYnm- +"•'{ AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this I day of _�1UkAV� 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinatier reltrred to as "COUNTY" and Habitat for I-rumanity of Collier County, Inc., hereinafter referred to as " O"EK." WITNFSSF'rm N � � WHEREAS, Collier County Ordinance No. 99-69, the Collier County ftegwnal Water r and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, C.: the Collier County Library System Impact Fee .Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Reca'In qcc Fee ordinance; collier county ON e+ i Ordinance No. 91-71, as am fid d '"°'the Collier County > rtierb ney Medical Services System N MtdImpact Fee Ordinance; Co ier t ott�rttp grdinance t�io� 92-2� as mended, the Collier County Road Impact Fee Ordinan e; Coljiet ll o tn)y r laCl 2 3, as amended, the Collier 3 County Educational Faeiltit 5 � Arrip�,F,16o inar�r' a'I-Co' llier County Ordinance No. • 99-52, the Collier County Cc tlonal Facilities Impd Fee 0 ,,,i lance, as they may be further a A C amended from time to time, r0 of ter collectively r� it�rr d io as "Impact Fee Ordinance", provide for waivers of impact tees fosne w r=occupied dwelling unit qualifying as c—v o N affordable housing; and P m WHEREAS, OWNFR has applied for a waiver of impact fees its required by the Impact Fee Ordinance, a copy of said application being on rile in the office of I-Iausing ani urban _ Improvement; and r WHEREAS, the County Administrator or his designee has reviewed the OWNER's ,application and has concluded that it complies with the requirements for an atyordable housing a..o a vmiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be prescmud in Iicu of payment of the; requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR; 2707 PG; 2432 WHEREAS, the COUNTY approved a waiver of impact tees for OWNEK embodied in Kesolution No. 2000- ,�,?-j at its regular meeting of._A____, 21000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitak the parties covenant and agree as follows: 1. RFCITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as lahibit "A" and incorporated by reterence herein. 3. TERM. OWNER agre ht ttiewetllnJt °hall remain as affordable housing and shall be offered for sale tfi accqrdaacc with the stand s se forth in the appendices to the Impact Fee Ordinance for a period of iifte l S years'0nunenclns from the date the certificate of occupancy is issued for tie I v llin U6W 4 E ,txkk ` 4. Kl?,PRESENTA" Ig 'ND* A'R1 fi IF'S: �OVV R represents and warrants the following; \ a. The Dwel�tt,it, shall be sold to'R I ehoId with a very low income as defined in the ap eridides - the slmpact Fee Ordinance and hislher monthly payments to purchase the Dwelling Unit shall be within the atTordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d, The Dwelling Unit shall remain as affordable housinU 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* $4,736,34 pursuant to the Impact Fcc - 2 - OR! 2707 PG! 2433 Ordinance. In return for the waiver of the impact fees uwcd by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance, 5, SUBSEQUENT TKANSFER, If OWNER sells the Dwelline 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 utilised for affordable housing for a fifteen (15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid 7. LIEN. The wai effective date of this non-compliance with the 8, RELEASE requirements and fifteen (1) upon payment of the waived record any necessary docum limited to, a release of lien. lien may be ments of tri LIEN ,Y ^*U m iars"after11e fees, the videncing the l upon the Dwelling Unit on the upon in the event of of the Agreement certificate of occupancy, or expense of the COUNTY, of the lien, including, but not 9. I3I me EFFECT'. This Agreement shall he binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph S 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 Roard of county commissioners. - 3 - OR; 2107 PG; 2434 11. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to sell the Dwelling Unit in accordance with the alturdable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter tails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall 6e 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 0 5) years firor "I" of lsSU' n 0111 tcertiticate of occupancy or until repaid. Such lien shall be supenoc dnparatnount to the tn` resf�in the Dwelling Unit of any Owner, lessee, tenant, mortga ce,3,"or otht parity with liens of any suchCounty[ taxy 4k k' and the default is not curedfl1 Wri (:i0) bring a civil action to enfore' his agreement. In otherwise enforced by the COUNTTo "Action or mortgage on real property. This remedy is�s�tmtiatt liens for C6unty taxes and shall be on default of this Agreement OWNER, the Board may lien may be foreclosed or as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the partieS have executed this Agreement for waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS' HABITAT FOP KUMANIT-YIOF COLLIER COUNTY, INC. " Samuel J, Durso, M.D., President - 4 - OR: 2707 PG: 2435 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 3 duy of 2000 by Samuel J. Durso, M.D., President of Habitat forHumanity of Collier County, Inc. Ile is personally known to me. c [NOTARIAL SEAL] Signature of Person T cknowIcJgment ♦'' LAUREN J. BEARD Name of Acknowlectger Typed, Printed or Stamped MY ODMMMUON # m mise ' ja F.XTIRES: i-Tw-NOT^xr ria wiry sa.v ops • co DATED: NJ IM. ATTEST: DWIGHT E. BROCK, C gy, Attest as to Chairow's signatu"I Wy. Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney IV -- S - COMMISSIONERS LORIDA 'VE, CHAIRMAN **I OR! 2707 PG! 2436 "1 EXHIBIT "A" LOT 21 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. �o m� N M M H r w ae AGREEMENT FOR WAIVER Or COLLIV11 COUNTV IMPACT W EES This Agreement for the Waiver of Impact Fees entered into this L day of ___ tk� .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., hereinatler referred to as "OWNER." WI'TN1;SSI:TH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County library System Impact F the Collier County Parks and C Ordinance No. 91-71, as amFh qW o N u � r p Impact Fee Ordinance; Cojlier V u i U p.V44 Impavt Fee Ordinance; i4 O .: County Fducational Facilitiis f?` l • • C 99-52, the Collier County Cort 25 the Collier County Collier County Ordinance No. 99.39, Hee Ordinance; Collier County 92-24 as Tonal Facilities Int F amended from time to time,t;w P. C" � xu, 00 r provide for waivers of impact i' s, u ordablc housing; and Medical Services System the Collier County 3, as amended, the Collier ier County Ordinance No. , as they may be further collectively rO�*er t1^to as "Impact Fee Ordinance", upied dwelling unit qualifying as 2 a WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact CD Fee Ordinance, a copy of said application being on lile in the office. of Housing and Urban Improvement. and WHEREAS, the County Administrator or his designee has rcvicwt;d the OWNER's application and has concluded that it complies with the requirements for an affordable housing wo 9 waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2707 PG: 2438 WHEREAS, the COUNTY approved a waiver of impact tees for OWNER embodied in Resolution No. 2000.1_�-,4,S' at its regular meeting of _� 2000; and WHEREAS, the Impact Fee Ordinance reyuires that the 0"FIZ enter into an Agreement with the COUNTY. Now, TI-IFRFFORF, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. "The foregoing recitals are true and correct and are incortx)rated by reference; herein. 2. LEGAL. DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan art; attached hereto as Exhibit "A" and incorporated by reference herein. :n . 3. TERM. OWNER agr tl�t Che Dwefl, all remain as affordable housing and shall be offered for sale,,in a6c'40ance with the stand ds set forth in the appendices to the Impact Fee Ordinance for pertod of fif enol%) years comm ncii g from the date the certificate 3 Of occupancy is issued lorbc kl wGlliri llTntti 4, RLpRF3SENTA*1� *!�`XN Ak 4 `I IE � W t represents attd warrants the k 1. �;,p following: kl a. The Dwc l iit shall be sold.rto ht�isehold with a very low income as defined in the rdice .the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; 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 filleen (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 $4,736.34 pursuant to the Impact Fee - 2 - OR: 2101 PG: 2439 Ordinance. In return for the waiver of the impact tees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing intpact fee waiver qualification criteria detailed in the Impact Fee Ordinance. S. suasEQUENT 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 fit3ecn (15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately rcpaici to;'t t; ury t 7. LIEN. The waive �tc`t�fees shalTiupon the Dwelling Unit on the effective date of this Agreemot,;---which, Igen may be or losed upon in the event of s .a. non-compliance with the reuirelent5 of thla Rtttet 'r 3 y a $, RELEASL 1 OF;( OF,NI l popl fa o �W �.oI it m lotion of the Agreement fqu1rGIllGntS and llt3een (tears after the date otssuancceititicate of occupancy, or upon payment of the waived p t fees, the COUI iha It It"the expense of the COUNTY, record any necessary document wdnctng the Witton of the lien, including, but not J, limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact tees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with lite land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the c4c risc of OWNER in the Official Records of Collicr County, Florida, within tiftcett (15) days atter cXCGution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 1. OR: 2707 PG: 2440 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 valification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the at%rdable 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 Cifleen (1S) 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 linin on the Dwelling Unit cornm acing on the cftective date of this Agreement and continuing for fifteen (15) years trorri h t crf issua c t of tt . S repaid. Such lien shall he superic `'and paramount to the �� � � owner, lessee, tenant, mortg4gee.`or 61MM1,rsoq exct' liens parity with liens of any and the default is not c bring a civil action to enforce, 's agreement. In -4 di otherwise enforced by the COWT'*, action or sui mortgage on real property. This certificate of occupancy or until �,t in the Dwelling Unit of any taxes and shall be on default of this Agreement OWNER, the Board may lien may he foreclosed or as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate Cor judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiycr of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FORJJ COLLIER C BYE f - 4 - UMA1I rY OF 'Y 1N�C.' �), M.D., President .., OR: 2107 PG: 2441 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this _Q_ day of -2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County. Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taki cknowledgment J* LAUREN J. BEARD OMMlS " UC m1W W^of MY CEXPIIi@S:IURN1J1D1 14ALL1•NOTA&Y fla N"V SKvww A f. DATED: �LYD ATTEST: DWIGHT E. BROCK, C By: Attest is to Chaimm et 319111tun Only. Approved as to form and legal sutflicieney Thomas C. Palmer Assistant County Attorney of Acknowledger Typed, Printed or Stamped � .. BOARD,OF , ...O,LLIEC - 5 - COMMISSIONERS IAMDA ,CHAIRMAN *** OR; 2101 M 2442 *** EXHIBIT "A" LOT 22 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. p Vf ►/ M N U P. V AGREEMENT FOR WAIVER O!' COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact lees entered into this L day of �t* 2000, by and between the Board of County Commissioners of Collier County, Florida, tteretn�afte'r referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITN I:SSFTH: WHEREAS, Collier County Ordinance No. 98-69, the C:ollicr County Kcgional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County I..ibrary System Impact Fee Ordinance: Collier County Ordinance No, 99-39, the Collier County Parks and F Ordinance No. 91-71, as amek r Impact Fee Ordinance; Colyer I Road Impact Fcc Ordinance; C County Educational Factlitr yq ,9 99-52, the Collier County Cue amended from time to time, provide for waivers of impact affordable housing; and V ON yjb 1 tht, Colllcr County f"ct utly Ordinluce Nei: 92-22, ria fm�p�i�t �`dnan� nal Facilities Im 1,,Fea Ov inal[ier collectively reit e iws tdr ` pew :=o�c -c C cupi Fcc Ordinancc; Collier County y Medical Services Systern the Collier County 3�, as amended, the Collier ier County Ordinance No. as they may be further as "Impact Fee Ordinance", dwelling unit qualifying as WHEREAS, OWNER tla.I applied for a waiver of impact tees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban $ Improvement; and W14PREAS, the County Administrator or his designee has reviewed the 0%VNI R's L cl ; application and has concluded that it complies with the regltircments for an atiurdable housing lir Ir z X =waiver of impact fees as established in the Impact Fee Ordinance; and E ., WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2707 Pc: 2444 WIIFALAS, the COUNTY approved a waiver of ;impact fees for OWNER embodied in Resolution No, 2000- at its regular meeting of ( 1 , 2000, and WHEREAS, the Impact Fee Ordinance requires that the OWNFIZ enter into an Agreement with the COUNTY. NOW, THERF:FORF, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals etre true and correct and are incorporated by reference herein. 2, LEGAL, DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein." � 3. TERM. OWNER agrtsat the Dwc llcrignit°sha"thll remain as affordable housing and shall be offered for sale sac grdance with the standar se \torch in the appendices to the Impact Fee Ordinance for a pendRelyc,arsommeitetn from the date the certificate of occupancy is issued for the Iwealin Uhtt, I E X 4. REPRESENTAfONS ANDIARIA�IE i t1NN1, represents and warrants the following: a. The Dwe*', i*t shall be sold t usehold with A very low income as defined in the aped e -1 a Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit Shall he sold 19 a first-time home buyer; C. The Dwelling Unit shall be the homcstettd 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 $4,736.34 pursuant to the Impact Fee - 2 - OR; 2707 PG; M5 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set firth 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 C,OUNTY- �� 7. LIEN. The waivedat 'les"Mslialf b d FuPon the Dwelling Unit on the �,y..e effective date of this Agreement which hen may be reused upon in the event of non-compliance with the rcgtlrr~ments of itt Agrement 8. RELEASE OF )IIl N Y Opon i fat fact ryIcompletion of the Agreement { requirements and fifteen (15 s after the date' 6fsof occupancy, or upon payment of the waived icfees, the COUNT hall,e expense of the COUNTY, record any necessary documentat a'tti neing the termi*off of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER. shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the DwellinD Unit until the provisions of paragraph 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. -3- • OR; 2707 PG; 2446 1 l . DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER tails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thercalic;r foils to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qual;41cation criteria at any time dotting the titieen (I J) year period, or should OWNEK 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 coil eneir� ,the effective date of this Agreement and yp K continuing for fifteen (15) years tre du% of issunc��trertifiCate of occupancy or until N", i' �� repaid. Such lien shall be suerior end pamount to the ►n-!'es%in the Dwelling Unit Ot any owner, lessee, tenant, mortgagee� or der f*,,t'ton�eXCLp parity with liens of any suchCoi ty taxes Should t�` �A and the default is not cured��i"t iin,i 6) ays atter �•i bring a civil action to enfor6e !Ahk agreement. In otherwise enforced by the COLJN.1' ,\-by,.action or su, mortgage on real property. This remedy iSi �lno taxes and shall be on default of this Agreement tet OWNER, the Board may lien may be foreclosed or as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all tees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for waivcr of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FORWMANITY O; COLLIER CKNTY.! Samuel J. Durso, M.D., President - 4 - OR: 2707 PG: 2447 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 4>n day of , 2000 by Samuel J. Durso, M.U., President of Habitat for humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL) Signature of Person T Acknowlcdgmcnt _ 4, 0t'tl _\ ��f'(1,-r4 — — LAUREN J. BEARD Name of Acknowledger Typed Printed or Stamped MY COMMISSION • CC 777198 ?a n� EMRrs• 10n4/2u: I.M3-NOTARY Fla Nary S*rvKn A Cu g , j BOARD F OUNTY COMMISSIONERS DATED, gym. ATTEST; C i,i>.Iz oU IDA DWIGHT E. BROCK, Clerk, `, By. Att" as,t0 Chairm a t llp�et,�r� OAIy. Apomedas16 form and legal suH ciency 6 ?IV Thomas C. Pal er Assistant County Attorney - 5 - : $' ANTINE. CHAIRMAN *** OR; 2707 PG; 2448 *** EXHIBIT "A" LOT 23 OF CAR$QN LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, U M gjcm AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT!' EES This Agreement for the Waiver of Impact lees entered into this L_ clay ol' C It 2000, by and between the Board of County Commissioners of Collier County, Florida, hercinaticr referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinallcr rctertcd to as "OWNER." WITNESSF TH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance: Collier County Ordinances No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. 99-39, the Collier County Parks and F Ordinance No. 91-71, as amenei Impact Fee Ordinance; Collier Road Impact Fee Ordinance; Ci! County Educational FacilltlOs� 99-52, the Collier County Co 't wncntled from time to time, provide for waivers of impact affordable housing; and Fee Ordinance; Collier County y; V Collier County "t t. r -ncy Medical Services System uityrdirlart't a Iii: 92-22;as amended, the Collier County Itec uh'0 dt an `�I�c%°' 2 3 as amended, the Collier A I ipar.t Fere idlnan&, �andfCdllier County Ordinance No. ►nal Facilities Imp Fed O ci` since, as they may be further ,ihafter collectively re%rYe i t as "Impact Fee Ordinance", e idt n 'uvur'=� Spied dwelling unit qualifying to WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the officc of Housing and Urban Improvement: and WHEREAS, the County Administrator or his designee has reviewed the OWNER's Q application and has concluded that it complies with the requirements for an affordable housing wa 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 prvjGGt az eligible for an impact fee waiver; and - 1 - OR: 2707 PG: 2450 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-_,� at its regular meeting of 11 t)A_—, 2000; and WlIERFAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the toregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. ']'he foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL I)ENCKIPTION, The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. _, r ON 3. TERM. OWNER agN;the Dwelling Uremain as uturdable housing and Shall be offered for sale lmpact Fee Ordinance for a of occupancy is issued for thOytllipg4?i , 4. REPPX9PNTATl W1R AND W following: a. The Dwelling iltttt„ defined in the appe in the appendices to the the date the certificate and warrants the with a very low income as the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b, The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; Cl. 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 $4,736.34 pursuant to the Impact Fee - 2 - OR: 2707 PG: 2451 Ordinance. In return for the waiver of the impact tees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fre 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 RE'QUIREMEN'T'. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period alter the date the certificate of OCCupanCy iS issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to` ttNT1 7. LIEN. The watt' cC pact fees shalt qmi upon the Dwelling Urn on the effective date of this Agr0emebt---which lien may be ore�losed upon in the event of s A m noncompliance with the requirpmets�o tlis �e t� $, RELEASE (,� 1 LjFN, i Ups risf le ory completion of the Agreement k requirements fold ritieen (l years after the date oissuarc.e o certificate of occupancy, or upon payment of the waived'' t fees, the COUN t`yY shall, at the expense of the COUNTY, record any necessary docurnentz"3 ev��cinthe ti t.iCtOn Of the lien, including, hut not ,.. s ...,« limited to. a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waiYed until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement small be recorded by OWNER at the exjwnse of OWNER in the Official Records of Collier County, Florida, within titiecn (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR; Z707 PG; 245Z 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 fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years fromt ez 10f�'he certificate of occupancy or until <� repaid. Such lien shall be su no nd paramount to the iere in the Dwelling Unit of any owner, lessee, tenant, mortgl(>gee, or o her erson excep Ileus 1 r County taxes and shall be on C'7� R r parity with liens of any SU&Collhty taxes S000 It �� t be lid default of this Agreement x and the default is not OWNER, the Board may bring a civil action to enfori his agreement. In �ttton,�,�ih�' lien may be foreclosed or otherwise enforced by the COU"fY y" action for the foreclosure of a mortgage on real property. This retnedy i.,( d"Ea vtt i any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWN ERS: e itwita rounwry or Print N om. COLLIER COUNTY, IN(�' ' 'Print Name BY! Samuel J. Durso, M.D., President - 4 - OR; 2707 PG; 2453 STATE OF Florida COUNTY OF Collic-r The foregoing instrument was acknowledged before me this 30 day of _� ,C� .2000 by Samuel .1. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to mc. [NOTARIAL SEAL] Signature of Person `f nk4g Acknowledgment LAUREN J. BEARD MY GOMMISMUN r CC 7r 19h If� F.%ltRHS: 1/NN/pU2 I•W 4 NOTARY FN IYty.r) 5.tvww• Wy.0uyl l'� DATED: (6 1 I oD ATTEST: DWIGHT E. BROCK, By. puty clqrk ittat its te�*&lrrun'% 1loftm Aly. Approved as to form and legal sufficiency Thonlas C. Palmer Assistant County Attorney of Printed or Stamped LIER - s - COMMISSIONERS �.. J*4— . CON ANTIN . CHAIRMAN *** OR: 2707 PG: 2454 EXHIBIT "A" LOT 24 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. i;z--n 4{ i F MH Iw M U � me N >j AGREEMENT FOR WAIVER OF COLLIER COUNTV IMPACT FUS "Ifhis Agreement for the Waiver of Impact Fees entered into this 1 day of �2000, by and between the Board of County Cuinmissioncrs of Collier County, Florida, hcrcinalicr r0 rrcd to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSFI'N: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Reratch.a�'1a� qct Fee Ordinance; Collier County Ordinance No. 91-71, as ame_ndd,y"°the Collier County �ergncy Medical Services System Impact Fee Ordinance; Collier Road Impact Fee Ordinance; County Educational Facilitt s 99-52, the Collier County C amended from time to time, provide for waivers of impact affordablc housing; and as amended, the Collier County , as amended, the Collier npa#»Fee�in��ncllier County Ordinance No. ' } c Facilities Imps Fie O'r ltihnce, as they may be further collectively mroetc°to as "Impact Fee Ordinance", .'.. t' e upied dwelling unit qualifying as WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban as RImprovement; and IS WHEREAS, the County Administrator or his designee has reviewed the OWNFR's L2 a application and has concluded that it complies with the requirements for an affordable housing 9: r" waiver of impact fees as established in the Impact Fee Ordinance; and r��aa WHEREAS, the impact tee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2707 M 2642 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000--_ oa— at its regular meeting of _i,(µ .'-000; and WIIEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUN'T'Y. 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 are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the; "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. ; 3. TERM. OWNER and shall be offered for sale Impart Fcc Ordinance for a a of occupancy is issued for th 4. REpRESENTA following: 0e x ,' e �- e Dwe11%rr9'Al i , shSall remain as affordable housing c or -with v with the standar s se torch in the appendices to the d of fitiee (d °� years ommciicin4 from the date the certificate ,,J9-A&Dtt�AIRA lE i 1Wt �z V .. represents and warrants the U. The Dwel ` i;l.�.shall sold o hppsehold with a very low income as , defined in the aperid,ces;}te Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the; affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. 'rhe Dwelling Unit shall be sold to a first-time home buyer; C. 'rhe 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. OWNF,R is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,736.34 pursuant to the Impact Fee - 2 - OR: 2707 PG: 2643 Ordinance. In return for the waiver of the impact tics owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact tee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall he sold only to households meeting the criteria set forth in the Impact Fee Ordinance. h. AFFORDABLE' RIa1UIRf:MENT. 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..h� to )P0° 7. LIEN. Thc; wai effective date of this non-compliance with the 8. RE1_FASE requirements and fifteen (t upon payment of the waived record any necessary docum 11mitcd to, a rcleasc of lien, �s shall`t after; upon the [)welling Unit on the ien may, be t rc' r- 9scd upon in the event of N. Jponsa tsfaciprycompletion of the Agreement after the date of suanc�e of 04ccrtificute of occupancy, or fees, the COUNTshall,t tate expense; of the COUNTY, vi in the ter tint tti l of the lien, including, but not Ts 9, BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 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. - 3 - . OR: Z707 PG: Z644 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER rails to sell the Dwelling Unit in accordance with the aliurdable housing standards and qualification criteria established in the Impact Fec Ordinance and thereatler toils to ray the: impact fees due within thirty (30) clays of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fcc Ordinance for a period of f fleen (15) days atter 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 titiecn (15) year period, or should OWNER violate any provisions of this Agreement, the impact tees 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 cvintttencin on the effective date of this Agreement and continuing for fifteen (15) years # of`isiuiL he certificate of occupancy or until repaid. Such lien shall be supe or �and paramount to the _iter t in the Dwelling Unit of any owner, lessee, tenant, parity with liens of any and the default is not curej--okiithin bring a civil action to entot'�c' 7,'this agreement. li otherwise enforced by the CO NT -by action or mortgage on real property. This rcmcdy liens\,fur"County taxes and shall be on in default of this Agreement o OWNER, the Board may lien may be foreclosed or as for the foreclosure of a any other ribht or remedy available to the COUNTY. T he Board 5111111 bc 001M tv Nvvy r all fees and costs, inctudin6 attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses! OWNERS; HABITAT FOR�WM�t1'Y OF COLLIER C T amuel J,'Uttrso,l�9.D., president -g- OR! 2707 PG: 2645 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this._210--day of S sp e_ + 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. i is is personatty known to me. [NOTARIAL SEAL] Signature of Person Taki ckrowledgment �+►� V.UREN J. BEARDI Name of Acknowledges Typed, Printed or Stamped �� muulssloN a mita aw WILLS:IUQNiAKId uJ 'x r COMMISSIONERS LOWDA DATED:�'� _ ATTEST: DWIGHT E. BROCK, C sy: Alms! ss `4 A& 1 11"turs qn1 y. Approved as to form and legal sufficiency AC Thomas C. Palmer Assistant County Attorney 3` , w u, N" .ns — 5 — CHAIRMAN *** OR: 1707 PG: 2646 *** EXHIBIT "A" LOT 27 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGREEMEN'r FoR wAIvFR OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this 1 day of jk�_ 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter rcl�rrcd to as "COUNTY" and habitat for Humanity of Collier County, Inc., hereinafter ret&ed to as "OWNER." 0o W I'l, N F, 9 9 FT I -L 11! C!! .o •a WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water y and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, p the Collier County Library System Impact Fee µ Ordinance; Collier County Ordinance; No. 99-39, the Collier County Parks and Ref atofatlt ,ls4ct Fee Ordinance; Collier County Ordinance No. 91-71, as ametid " the Collier County Eintl ncy Medical Services system V 9 Impact Fee Ordinance, Colfier �,oUblty dit,1;e Nod 92-2z as emended, the Copier County 5 Road Impact Fee Ordinance; ('o ie �Coun y C► c oaric p2 , as amended, the Collier r i J3 a " p County Educational FactltU s 5 t iArn �-Fe�µ�iinanie ari C:oilier County Ordinance No. 99-52, the Collier County C i tional Facilities Imp' Foe Ordinance, as they may be further C> o` e.., amended amended from time to time, rV,l*Ier collectively rrefe to as "impact Fee ordinance", �a ��� �, ..m ... ems- b cir s M�tr .occupied dwelling unit Qualifying as provide for waivers of impact fec � A o N affordable housing; and e a WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an atiordablc housing 5Z Nwaiver of impact ct fees as established in the Impact Fee Ordinance; and s Ct� "" ~ " 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 qualifyin6 the project as eligible for an impact fee waiver; and - 1 - OR! 2707 FG: 2648 WHEREAS, the COUNTY approved a waiver of impact tees for OWNER embodied in Resolution No. 2000- dui at its regular meeting of �I'000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THERFFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2, LFCiAL. Dt:SCR1PTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. ; j 1ERlyj, OWNLK agrto,-:, Uwellui , h� � all remain as affordable housing and Shall be onered for sale tn' ac.c,�'rdartce..,with the standar set orth in the appendices to the w Impact Fee Ordinance for a period ars a"m, encing1trom the date the certificate E of occupancy is issued for tle ��,elfinn1t. , 1 n� 4. RFPRESENTAI, AND 1, VAX ES. i/N�;xrepresents and warrants the we �, following - The a, "The Dwe11u.R'it shall be sold tai „�� }usehold with a very low income as defined in the appeh c �A ' Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as ativrdably housing ror fifteen (15) years from the date the certiticute 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 $4,736.34 pursuant to the Impact Fee - 2 - OR; 2707 PG; 2649 ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSI:IQUI:N'l''l'RANSI-'I:R. If OWNER sells the Dwelling Unit subject to the ilnpact tee 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 RFOU1RF.MEN'1'. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period alter the batt; 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 1aWTV. 7. LIEN. 'rhe waived,� � as r �n upon the Dwelling Unit un the cffective date of this Agreenen ; which lien may be li�rec osed upon in the event of non-compliance with the rest S. RELFASF requirements and fifteen (1 upon payment of the waived record any necessary locum limited to, a release of lien. ents of this A eeme R 1 `'w x er itte daft; s int fees, the COUNT r �a �a o"i�#4v, fencing the ti of the Agreement f to"certificate of occupancy, or ,the expense of the COUN'rv, m of the lien, including, but not 9. FINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and bhgil Tfif ifill li liin ugtttnst the Dwelling Unit until the provisions of paragraph s 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 titieen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 3 - OR; 2107 PG; 2650 It. DEFAULT. OWNER shall be in detault of this Agreement (1) where OWNER Pails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact lees 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 continuing for fifteen (l 5) years repaid. Such lien shall be supe owner, lessee, tenant, mort parity with liens of any sue i and the default is not cure bring a civil action to en otherwise enforced by the , or is agreement. action or on the etlective date of this Agreement and "'4yhc ccrtiticatc of occupancy or until to the' terbst in the Dwelling Unit of any coot liens forCounty taxes and shall be on in default of this Agreement OWNER, the Board may lien may be foreclosed or uity as for the foreclosure of a mortgage on real property. This remedy I( curhu e vtth any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITA"f FOR 4WMADO YIOF; COLLIER COUNTYANe ' 0-Y. Samuel J. Z)urso, M.D., President - 4 - OR; 2707 PG; 2651 STATE OF Flodda COUNTY OF Collier The foregoing instrument was acknowledged before me this ,J x J day of , h r .2000 by Samuel J. Durso, M.U., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person TWing Acknowledgment CUP LAUREN J. BEARD IIMPMYOOMMMONNCCMI" wd� exnRES 10/2W= 1 al J-N07A,RY FIS Nmry Smvft j% &gyp Ci, DATED! d tI PQ _ ATTEST: DWIGHT E. BROCK, C By. of Acknowledger yped, Printed or Stamped � X BA'FOUNTY O .LIER OUNTY, F Deputy Clekk _, Attest 83 to Cha f Approve as PlArm and legal sufficiency Thomas C. Palmer Assistant County Attorney - 5 - COMMISSIONERS r *** OR; 2101 PG; 2652 *** EXHIBIT "A" LO"T 28 OF CARSON LAKES AS SHOWN ON THE PLAT THERE017 AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTV, FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact lees entered into this I day of ��* 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinaller rcli rrcd to as "COUNTY" and habitat for Humanity of Collier County, Inc., hercinatler referred to as "OWNER." WITNESSE"f H: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Watcr and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, C2 the Collier County Library System Impact Fee Ordinance. Collier County Ordinance No. 99-39, the Collier County Parks and R Ordinance No. 91-71, as alrend Impact Fee Ordinance; Cnilier`'t Road Impact Fee Ordinance;1t, kt County Educational Facilriji; ��, : 99-52, the Collier County Gt amended from time to time, provide for waivers of impact affordable housing; and :t Fee Ordinance; Collier County the Collier County t1 e'gency Medical scrvices system ,itVA)rdinance 1Vb, 92-2 us,,amended, the Collier County lier5 C iU ty nan a I u.'192-),3, as amended, the Collier E"n. x 14u rti Ittpt°e rdinacd; a`t)ti Collier County Ordinance No. i, � oval Facilities 140 Ikea.q° djhance, as they may be further Ili halter collectively J.rtf, to as "Impact Fee Ordinance", Fe,e �t the o"occupied dwelling unit qualifying as WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban 9 Improvement; and WHEREAS, the County Administrator or his designee has reviewed the s application and llas concluded that it complies with the requirements for an attordable housing ai n Waiver of impact fees as established in the Impact Fee Ordinance -,and �:3 u WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance; qualifying the project as eligible for an impact fee waiver: and - 1 - OR; 2707 PG; 2654 WHEREAS, the COUNTY approved a waiver of impact tees tier OWNER embodied in Resolution No. 2000-__Al2�L at its regular meeting of __�, .t ( 2000; and W11E:Rl:AS, the Impact Fee Ordinance rcyuires that the OWNER enter into an Agreement with the COUNTY. NOW, TYIEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated 6y 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. 14 3, TERM. OWNER aenA� i e E�welltn 11pit' ;hall remain as affordable housing and shall be otTered for sale in acctwith the standar s set, forth in the appendices to the Impact Fee Ordinance fora period of ttfZe I S),years ommt• ►n from the date the certificate Of occupancy is issued for the Dk e linjtit Ek Ix 4. REPRESI N1A i NS" ISDYNiAirepresents and warrants the following: t shall be sold t� a household with a ver low income as a. The Dwelhn h Y defined in tht, appe#ts1Cs the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead ofowner; 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 tees in the total amount of 9;4,736.34 pursuant to the Impact Fee - 2 - OR; 2707 PG; 2655 Ordinance. In return fur the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact tee 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 REOUIREMENT. The Dwelling Unit must be utilized for affordable housing for a I-Mccil (l 5) year period alter the date the ccrtiticate of occupancy is issued-, and if the Dwelling Unit ceases to be utilized for that purpose during such peri(xi, the impact fees shall bre, immediately repaid to...the C tLJ' f Y. 7. LIEN. The watved":=���r ees s ia�i � i upon the Dwelling Unit on the effective date of this Agreomer]f.".-wilich� lien may be non-compliance with the rei 8, RELEASE )F wILI�N. requirements and fifteen (1 upon payment of the waived �ird`�"ct fees, the COUNT record any necessary document64 4',vi4encing the t limited to, a release of lien." upon in the event of ion of the Agreement of *; Icertificate of occupancy, or ktfhe expense of the COUNTY, ion of the lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within illeen (1;) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR; 2707 IN•6�6 2 11. DI-AUL'r. OWNER shall he in default of this Agreement (1) where O 1:> fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of 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 fitleen (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 GonStitutc d lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifieen (15) years trot h date of igsur�ttto o�the certificate of occupancy or until repaid. Such lien shall be supenor° and aramount to theit�teret in the Dwelling Unit of any �.P. owner, lessee, tenant, mortgageq or parity with liens of any sue and the default is not cure bring a civil action to en otherwise enforced by the County tame ', Wi 1 n( 0) mortgage on real property. This agreement. I action or liens 1,or County taxes and shall be on be in default of this Agreement ;, ' recta OWNER, the Board may d " lien may in foreclosed or . .txiuty as fur the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: , OWNERS: HABITAT FOR UMANITY OF COLLIER COMM INC, Samucl Ji Durso, M.D., President - 4 - OR! 2707 PG! 2GS7 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this _,10 _ day of S L,,,e. 2000 by Samuel J. Durso, M.D., President of Habitat for Ilumanity of Collier County, Inc. lie is personally known to me. [NOTARIAL SEAL] Signature of Person TakiT4 Acknowledgment LAUREN J. BEARD Name of Acknow�CdgCr,..T,yped, Printed or Stamped MYODMMINONN8 MIY! I =NorAxr ra Navysw.us • c r DATED:BOAR ` 0 OUNTY COMMISSIONERS ATTEST;- COLI IE COUNTY, FLORIDA DWIGHT E. BROOK, Clerk 'rr R ` " 9 17 ',fir By: Deputy Clerk rest as to chai m 110"to" aely. Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney - 5 - J. COIKMNTINK, CHAIRMAN *** OR; 2707 FG; 2658 *** EXHIBIT `•A" LOT 29 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ON Mtn W •O ri u o. epi u AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES n This Agreement for the Waiver of impact Fees entered into this.L day of 2000, by and between the Board of County Commissioners of Collier County, Florida, hercinatier referred to as "COUNTY" and habitat for Humanity of Collier County, Inc., hereinaller referred to as WITN[:SSIiT11; WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Re cre#tt chi ;1tipact Fee Ordinance; Collier County Ordinance No. 91-71, as atnend e Impact Fee Ordinance; Collier Road Impact Fee Ordinance; C k County Educational Facilitic s°' ,y. ? 99-52, the Collier County 0646 amended from time to time, provide for waivers of impact atfordable housing, and Collier County Tonal Facilities I ler collectively 92-22\as Medical Services System the Collier County as amended, the Collier Iter County Ordinance No. as they may be further as "Impact Fee Ordinance", dwelling unit qualifying as WHEREAS, OWNER has applied for a waiver of impact tees as required by the Impact FCC Ordinance, a copy of said application being on file in the office of I -lousing and Urban w Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNFR's application and has concluded that it complies with the requirements for an at7ordablc housing 0 9 rwaiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR! 2707 PG: 2660 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER cmtx)dicd in Resolution No. 2000- __ at its regular meeting of , 2000, and WHEREAS, the Impact Fee Ordinance; requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and arc incorporated by reference herein. 2. LUMAL UI;SCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by l'etermce herein.�,��' 3. TERM. OWN[.K 1191' 77 thG uWt:ttln 1"?ull remain as affordable housing and shall be of%red for sale Impact Fee Ordinance for a of occupancy is issued for t', 4. REPRESENTA' the U AND WARRANTIES. V: following'. �� 4 , a. The Dwell ` .- defined in the /0 in the appendices to the from the date the certificate represents and warrants the with a very low income as Impact lyes' Ordinance and higher monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendieas to the Impale Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the horttesle.ul of owner; The Dwelling Unit shall remain as affordable housing fur fillcen (15) years from the date the ccrtilicatc of occupancy is issued thr the DwOlinf; Unit; and UWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,736.34 pursuant to the Impact F ce - 2 - OR: 2707 PG: 2661 Ordinance. In return for the waiver of the impact fees owed by OWNI-*R, OWNER covenants and agrees to comply with the afforda6le housing impact tee waiver elualitication criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT 'rRANSFER. If OWNER sells the Dwelling; Unit subject to the impact flee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fcc Ordinance. 6. AFFORDABLE: RI QUIREMENT, The Dwelling Unit must by utilized for atibrdable 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 thv Col I Y. 7. LIEN. The waived i�0piet-t%es sFiall b(tin upon the Dwelling Unit on the effective date of this Agreements which lien may be Joreclosed upon in the event of non-compliance with the requirements of this A eemcot. Y v 8. RELEASE dOF;, 1 ENJY U of s3fa oil completion of the Agreement requirements and fifteen (I y ar ler"ihr dak"b ssueof* certificate of occupancy, or upon payment of the walvedy* t fees, the COUNT sh 1 the expense of the COUNTY, record any necessary document iiiii,,dvidencing the t nut,ie)n of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT, This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. [it addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within filken (15) days atter execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR: 2707 PG: 2662 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the atiordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (1.5) 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 fifieen (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 coiilm-rteitt ort,4thc etiective date of this Agreement and continuing for fifteen (15) years fro, fi a of l5stii'dncV €' certificate of occupancy or until repaid, Such lien shall be superior nd, aramount to the in rests: in the Dwelling Unit of any owner, lessee, tenant, mortgu ee or other prersfln except liens I r 60unty taxes and Shall be on parity with liens of any such and the default is not cured bring a civil action to enforce 14)o agreement. 1n otherwise enforced by the COU ,u ,,gctton or mortgage on real property. This remedy -1 u�nt"t i default of this Asreement OWNER, the Board may lien may be foreclosed or y as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses; ME������./���� �E%/I!/i/I, i OWNERS: HABITAT FOR HWANITY OF 19 COLLIER COUNTY, INC.; E3Y mel J. Durso, M.O., Yrc,sidc.nt - 4 - OR; 2707 PG: 2663 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before ate this —IC)_ day of ,.r , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature o! Person Takiknowledgment LAUREN J. BEARD MY WMMISSIOn 0 CC 711'!!1 Vol! EX"RES 10/242002 1-soal-NOTARY v1. Mal.rY �« Z Bo.6.� DATED: 6 11 1W ATTEST: DWIGHT E. BROCK, Name of Acknowledger Typed, Printed or Stamped By: — puty Clerk Attest Its to MAiPM' signature only. Approved as to form and legal sufficiency . .......... Thomas C. Palmer Assistant County Attorney - S - 'Y COMMISSIONERS , FLORIDA r tv A�-r N" a � r - S - 'Y COMMISSIONERS , FLORIDA r "I OR; 2707 PG; 2664 *** EXHIBIT W LOT 30 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. } t ON e... AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This A6recmcni tier the Waivwr ol* Impact tees entered into this i day of 2000, by and between the Board of County Commissioners of Collier County. Florida, hereinafler referred to as "COUNTY" and habitat for Humanity of Collier County, Inc., hereinatler referred to as 'OWNER." 0o WITN 1:9SE:1'1l: O N WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water ., and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, us amended, ad 00 M H LJ c the Collier County library system impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreaiioil Fa9iitt�iact Fee Ordinance; Collier County NOrdi$ No, 91'71, ati am nanceentdy the Collier County ,l tticency Medical Services System 3 Impact Fee Ordinance; Gorier Co4ptX Urdtnance 1. 92-2 asamended, the Collier County oma-• "' n e 92 3�3, as amended, the Collier o Road Impact Fee Ordinan e; titdt 0o,iinicr �Nr: i 'tea i � ' N ..c County Educational Facilit� t !!1 jin iq � F µOrdlna e artd biller County Ordinance No. S44 • • 99-52, the Collier Countytional Facilities Im4p t Fie c1 d iince, as they may be further a �o. © after collectively dee e tso as "Impact Pee Ordinance". ., amended from time to time, \ter Y p provide for waivers of impactco 5 f'tanewmor>�ouPied dwelling unit qualifying as N affordable housing; and a WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of Said application being on file in the office of Housing and Urban m 9 Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER'S Q application and has concluded that it complies with the requirements for an atTordable housing ..o 2Maiver aof 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 Fuc Ordinance suatifying the project as eligible for an impact fee waiver; and - 1 - OR: 2707 PG: 2666 WHEREAS, the COUNTY approved a waiver of impact tees for OWNER embodied in Resolution No. 2000-_cdP(,V at its regular meeting of _ i ^, 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNEK 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 are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. � �, 3. TERM. OWNER agrct" remain as affordable housing and shall be offered for sale in ac-0-6,6"', cc with the standa s stet forth in the appendices to the Impact Fee Ordinance for a period of fiftet (1S yearsomnte Lino from the date the certificate e\ I' of occupancy is issued tier the Dwe lingg U0' it E.a „ V I IJ 4. REPRESENTA�`�bNS ' D ARf 13 represents and warrants the following: a. The Dwef 7tit. shall be sold tohousehold with a very low income as w , defined in the aprdides .thy n Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b, The Dwelling Unit shall be sold to a first-time home buyer: c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as atlordable housing for tilleen (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 owc;s impact tees in the total amount of $4,730.34 pursuant to the Impact Fcc - 2 - OR: 2707 PG: 2667 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE: RI:QUIKLMENT. 'Clic Dwelling Unit must be utilized for alfordable housing; for a fifteen (15) year period after the date the certificate of occupancy is issued; and it the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the CNAY. 7. LIEN. The waived iaL"".es stiitle: effective date of this Agreement which lien may be non-compliance with the reg4irerrients o 8. RELEASE requirements and lilleen (1 upon payment of the waived record any necessary datum limited to, a release of lien. -'n Y fees, the COU i4encing the to M upon the Dwelling Unit on the upon in the event of of the Agreement ificate of occupancy, or expense of the COUNTY, " „ts tori of the lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions stat forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. to. RECORDING. This Agreement shall he recorded by OWNER at the expense of OWNER in the OtTleilat Records of Collier County, Florida, within fifteen (15) days atier execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - OR: 2707 FG: 2668 11. DEFAULT, OWNUA 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 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. PtEMEDIES. 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 continuing for fifteen (15) years repaid. Such lien shall be owner, lessee, tenant, mor( a parity with liens of any suc and the default is not curt bring a civil action to otherwise enforced by the mortgage on real property. This and , or on the effective date of this Agreement and i IYtthe certificate of occupancy or until s `� to th,intest in the Dwelling Unit of any iensfor,.,County taxes and shall be on is agreement. r-adtto by action or suit k> t be in default of this Agreement 3 to OWNER, the Board may lien may be foreclosed or as for the foreclosure of a any other right or retnedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WI'rNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FORJIUMANITY OF COLLIER COMM' [NC. B— aS muel J. Durso, M.D., President - 4 - OR: 2707 PG: 2669 STATE OF Florida COUNTY OF Collier The forej;oine, instrument was acknowledged before me this _0-ja day of _ - 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity ot'Collier County, Inc. lie is personally known to me. [NOTARIAL SEAL] Signature of Person Taki Acknowledgment LAUREN J BEARD Name of Acknowledger Typed, Printed or Stamped MY ODMMrjWh # CC 7171" VW 15F 14W).WJTARY no Narysw.uw ON a ON DATED: wl)n ATTEST: DWIGHT E. BROCK, C BY! deputy Clerk AUM #$'W Cha irm'S ii�ItlM'tOnly. Approved as to form and legal sufficiency Thomas C. Palmer Assistant County Attorney N N, - 5 - RD"OFUN I Y UUMMISMUNEKS LIFRIC Ou wY, FLORIDA *** OR: 2707 PG: 2670 **1 EXHIBIT "A" LOT 31 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGI-I 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. } t ON e... AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Avecment for the Waiver of Impact Fees entered into this i day of .-*— 2000. by and between the Board of County Commissioners of Collier County, Florida, hereinafter releRed to as " COUNTY" and l labitat for Humanity of Collier County, Inc., hcreinaticr referred to as „OWNER." av WITNESSETH: w WHEREAS, Collier County Ordinance No, W-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, Pw PQ C3 the Collier County Library System Impact lee Ordinance; Collier County Ordinance No. 99-39, t Fee Ordinance; Collier County b \ � the Collier County % er ency Medical Services System - 922 as'�amended, the Collier County unry- rdlnance N , & Y e {Ordinance Mo.' 92 33, as amended, the Collier t °lit rdina c anoilier County Ordinance No. ional Facilities Im 't Fer tilftancc, as they may be further aier collectively, t;fs�ti�dto as "impact Fee Ordinance", fees f rtiew" dr-tsccupied dwelling unit qualifying as 2 WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact �a Fee Ordinance, a copy of said application being on file in the office of Housing and Urban r Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNEjR's � application lication and has concludW that it cvtnplics with the requirements for an affordable housing � r, a waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - the Collier County Parks and Rt COrdinance No. 91-71, as amende 111 , N u � Impact Fee Ordinance; Coilier C. ri u z 6 g Road Impact Fee Ordinaoce;,',Co c e-- o 2 CD y County Educational Facilites a M- 99-52, the Collier County It amended from time to ti e, � o0 provide for waivers of impact c`vv ® at%rdable housing, and t Fee Ordinance; Collier County b \ � the Collier County % er ency Medical Services System - 922 as'�amended, the Collier County unry- rdlnance N , & Y e {Ordinance Mo.' 92 33, as amended, the Collier t °lit rdina c anoilier County Ordinance No. ional Facilities Im 't Fer tilftancc, as they may be further aier collectively, t;fs�ti�dto as "impact Fee Ordinance", fees f rtiew" dr-tsccupied dwelling unit qualifying as 2 WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact �a Fee Ordinance, a copy of said application being on file in the office of Housing and Urban r Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNEjR's � application lication and has concludW that it cvtnplics with the requirements for an affordable housing � r, a waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR; 2707 PG; 2672 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No, 2000- tl C17_ at its regular meeting of _y(Ld 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, 'rHFREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATI.1). The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL. DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER afire that the DwelTittg Cinl shall remain as affordable housing and shall be offered for sale Impact Fee Ordinance for a""] of occupancy is issued for h 4. REPRESENTA following: a. The DwelhdW defined in the nce—with the standait sed forth in the appendices to the i 1 y rs �mmefacin from the date the certificate " IJ j WArepresents and warrants the it..,shall be sold tci a tisehoId with a very low income as tpdtce'to µthen Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; 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 OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,736.34 pursuant to the Impact Fee - 2 - OR: 2707 PG: 2673 Ordinance. In return for the waiver of the impact ices owed by OWNFR, OWNER covenants and agrees to comply with the alltordable housing impact fee waiver qualification criteria detailed in the Impact Nee 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 REQUIRFMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancv is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the -C- 0 -UN Y. 7. LIEN. The waived,",',"," teestraltsrxan upon the Dwelling Unit on the vff"tive date of this Agrelamc�t which lien may be fore losed upon in the event of non-Gomplian" with the rcgWrc thents of M, AS, e.merit 8. RELEASE dOF YLJIEN-! (Upon s trs ai o k impletion of the Agreement requirements and fifteen (Irth 2iat�o ssudiiu of" certificate of occupancy, or upon payment of the waived *ct fees, the CUUI " Shah; . �I a expense of the COUNTY, record any necessary document too earidencing the termtttYatit�n of the lien, including, but not limited to, a release of lien. A 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 1U. 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, - 3 - OR: 2707 PG: �k74 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWN tails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and therealler tails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates ow; of the affordable housino dualitication criteria in the impact pee 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 commgricing,,on the effective date of this Agreement and {� continuing for fifteen (15) years fro, 6e � c oi�tssjeiof the certificate of occupancy or until repaid. Such lien shall be supertr#end paramount to the tent in the Dwelling Unit of any •� owner, lessee, tenant, mortgagee, or dther�er except liens lor County taxes and shall be on parity with liens of any such C04NiiO taxa, 3 sftou i llll c o R' be ixt default of this Agreement v Y A ; 3 and the default is not cure))'�°at�vvritto�tttp OWNER, the Board may k bring a civil action to enforce",chis agreement. In-,,' it un; lien may be foreclosed or otherwise enforced by the CO TV,$y action or suit tet yttity as for the foreclosure of a e mortgage on real property. This remedy, iother right or remedy available to the COUNTY, Thv 130ard $hall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF P 'nt �, COLLIER COUNTY, X, Print Nam _�_ Yom! 4amuel , M.U., President - 4 - OR: 2707 PG: 2676 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this day of ��c� C, , 2000 by Samuel J. Durso, M.D., President of Habitat for humanity of Collier County, Inc. lie is personally known to me. [NOTARIAL SEAL) Signature of Person Tak' Acknowledgment LAUREN J. BEARD y� MY COMMj=014 # CC r"1" `V EXPIRES 1a24f"2 i-YUU-f-M1TAkV P4 Nagy Sw.cs� • Pl,��r Cu DATED: /6V ATTEST: DWIGHT E. BROCK, C By: ame of Printed or Stamped R _.BOAK OF Mputy Clerk : ,1royf Attest u to Chalnwn s � , sipatm only. Approved as to form and legal sufficiency 0 .M P11LA'-- Thorhas C. Palmer Assistant County Attorney - 5 - COMMISSIONERS LUMDA 1�jw� f VT E, CHAIRMAN *** OR: 2707 PG; 2676 *** EXHIBIT "A" LOT 32 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ON AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT F Er S Phis Agreement liar the Waiver of Impact Fees entered into this I day of J(.?4 -20x0, by and between the Board of County Commissioners of Cotner County, Florida, hercinafter referred to as "COUNTY" and Ilabitat for Humanity of Collier County, Inc., hcreinaticr referred to as-. "O"ER." CA WITNESSF'I'll: w p WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance, Collier County Ordinance No. 88-97, as amended, UY M N A, A u the Collier County library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and ReereatfomFci1Cact Fee Ordinance; Collier County c-- Ordinance No. 91-71, as amen(*d,i� Collier Countytncy Medical Service System N $ tj Impact FCC Ordlnftncc; Colli Goa ' Ordin a e Nq_,,92-22 as amended, the Collier County t k Road Impact Fee Ordinance, C6IH � �n�(M 9 3A. as amended, the Collier y County Educational Faetittieo.Sy em IRI a IW r mane* iina Collier County ordinance No. Inxi N $ 99-52, the Collier County Co .�Oonal Facilities im*41 t,t~� Ordt t ce, as they may t�►rther O A amended from time to time, hj ie too ter collectively relorrcc iv'Yas "Impact Fee Ordinance", o a provide for waivers of impact tees fob>t�m�p=dcCllteti dwelling unit qualifying as 00 No affordable housing; and ods WHEREAS, OWNER has applied for a waiver of impact tees as required by the Impact d Fee Ordinance, a copy of said application being on file in the office ot' blousing and Urban Improvement; and WHEREAS, the County Administrator or his desibnee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing F ; !IVaivcr of impact fees its established in the Impact Fee Ordinance, and :p WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite ru.�" impact fees subject to satisfaction of all criteria in the Impact Fce Ordinance qualifying the project as eligible fbr an impact fee waiver; and - 1 - OR: 2707 PG: 2678 WEIFREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000-_A Dk at its regular meeting of_ d% t* --• 2000: and WHFKI:AS, the Impact Vcc Ordinaw; requires that thw VWNLA t;nit;r into all Agreement with the COUNTY. NOW, THEA FORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. L WAL DFISCRIPTION. 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 agrtt��itshall remain as affordable housing and shall he offered for sale jf accordance with the stanedafdisset forth in the appendices to the Impact Fee Ordinance for ai`pert'od of fttic n (15) yehr*comm ncii* from the date the certificate k of occupancy is issued for the 0w0li t Unit 5 Y A 8 Ek 3 4. REPRF'SENTAfiI'.AR7IE i-bW represents and warrants the following: Vol— a. 1'he llw unit shall be Sold tp aiurus�hold with a very low income as defined in the 4*)tdtact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance, b. The Dwelling Unit shall be sold to a first-time home buyer: C. The Dwelling Unit shall be the homestead of owner: d. The Dwelling Unit shall remain as affordable housins for ttilccn (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 $4,736.34 pursuant to the Impact Fee - 2 - OR; 2707 PG: 2679 Ordinance. In return for the waiver of the impact tees owed by OWNER. OWNSX covenants and agrees to comply with the atturdable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER scalls the Dwelling Unit subject to the impact fee waiver to a subsequetit purchaser. the Dwelling Unit shall bc, sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6, A FOKPABLE: RE 31RE:ME:NT. The Dwelling; Unit must be utilized for affordable housing tier a fifteen (15) year period atter the date the certificate of Occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose duI'ing such period, the impact fees shall be immediately repaid to the COUNTY. 7. HEN. The waived „ictsa,*`�tt in upon the D�L'elling 111111 on the O effective date of this Agreelneht yON which lien may befi�relosed upon in the event of oma. non-compliance with the regttirement03f R1tis A,greetti z r s. RELEASE OF 3L1 `I� sa0�tdli �ot �°'e mp�etiun of the Agreement requirements and fifteen (I6 yIt4t���r � u � tssu�'. 1 l `certificate of occupancy, or 4i Z < upon payment of the waived r *ct fees, the COON ' 5l>Wl,,/ itie expense of the COUNTY, ,,frq , s$ " fir• a record any necessary dtxument uad evidencing the icrmrtft�n` of the lien, including, but not MAW to, a releaw vf lien. 9. BINDING EFFECT. 'Phis Agreement shall be binding upon the parties to this Agreement and their respeetive hNirs, personal represcniatir•cs, successors ani assigns, In the else of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions Set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 10. RECORDING. 'Phis 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. .. 3 - OR; 2707 PG; 2680 11. DEFAULT. OWNER shall be in default of this Agreement (1) where; OWNER fdils to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fccs due within thirty (3o) days of said non-compliance, or (2) where OWNER violates one of the allbrdablc housing 4tidlification criteria in the impact Pee Ordinance for a Period of fifteen (15) days atter 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 Cull 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 continuing for fifteen (IS) years fret repaid. Such lien shall be supeh(V ai owner, lessee, tenant, mort age,4 or -o parity with liens of any such C6AinEy t and the default is not cured ii h1 bring a civil action to entol•��iis otherwise enforced by the CO Ni mortgage on real property. This rem the effective date of this Agreement and certificate of occupancy or until to thetert in the Dwelling Unit of any liensor �:outtty taxes and shall be on azie $h6t dE he�� N'fiX ben default ot'this Agreement e t 3U) da. ami writ� )USN"..,fo OWNER, the Board may agreement. In 1 dbtwn he lien may be foreclosed or action or suitrequtty as for the foreclosure of a tdy uturv�ti any other right or remedy available to the COUNTY. ]'he Board shall be entitled to recover all tees and costa, including attorneys fees, incurred by the Board in entorcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact fees on the date and year first above written. Witnesses: P inti N nom, ol Print Name OWNERS. IIABITAT FOR HUMANITY OF COLLIER C T R Samuel. Durso, M.D., President - 4 - OR; 2707 PG: 2681 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this ]�O_ day of - .5 o, . 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. NOTARIAL SEAL] Signature ut Person Ac nowledgment JO.V, =LAURE-NJ.RD Name Of ACknowhdgCrTyped, Printed or Stamped C m iveO1of VY Cu �vu DATEll: I DU BOAR6 OP"COUNTY COMMISSIONERS ATTEST: DWIGHT E. BROCK, By: CO, LL11: Deputy Cleak'' �t V Attest is to Chalrsan: :iwf oform and Apprgved as t legal sufficiency lliamnas C. Palmer Assistant County Attorney - 5 - Y, FLORIDA J. COAN"C! , CfIAIRMAN *** OR: 2707 PG: 2682 *** EXHIBIT "A" LOT 33 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this I day of 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinafter ret�rred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETEI: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance: Collier County Ordinance No. 99.39, the Collier County Parks and Recreat Ordinance No. 91.71, as amended,e Impact Fee Ordinance; Collier Cdui7�y r Road Impact Fee Ordinance; C o111101A a County Educational FacilitiS1 , to . 99-52, the Collier County amended from time to time, "Fein; , C. provide for waivers of impact affordable housing; and licr Facilities 1 collectively t fee Ordinance; Collier County Medical Services System as 'amended, the Collier County , as amended, the Collier anti )Iier County Ordinance No. Or Ice, as they may be further Te td„ as "Impact Fee Ordinance", upied dwelling unit qualifying as WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has concluded that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and G WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR: 2707 PG: 2690 WHEREAS, the COUNTY approved a waiver of impact fees tier OWNER embodied in Resolution No. 2000•„4 / U at its regular meeting of —arALL , 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows - 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER afirej -n A r t`i's all remain as affordable housing and shall be offered for sale,'n ac ordancewith the standat� s s, forth in the appendices to the Impact Fee Ordinance for a'perlod of fifte+t n (I years comm c,n from the date the certificate of occupancy is issued for the Jwtlling Lin. E� x '1 Las 4, REPRESENTA%TC,1 091_ D C ARl 1 i 16S VI � L represents and warrants the following: ti a. The DWe lit ' t Shall be SOlt1 mto t 1 u,u5ehold with a very It income as defined in the a0pth ..Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,736.34 pursuant to the linpaO Fc c - 2 - Ordinance. In return tar the waiver of the impact les. owe by (11-J91 OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUf3SEQULN"17 TIU1MFER. If OWNI-JR scils the Dwelling Unit subject to the impact tee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set firth in the Impact Fee Ordinance. 6. AFFORDABLE: REQUIREMENT. The Dwelling Unit must be utilized tier affordable housing tier a fitleen (15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to.the C"MNTY. K { 7. LIEN. The waiveees shall t Al upon the Dwelling Unit on the effective date of this Agrees enc„", ii -lien may he rec sed upon in the event of non-compliance with the req 8. RELEASE requirements and fifteen (15 upon payment of the waived record any necessary docum limited to, a release of lien. Y Jpn fees, the dencing the to completion of the Agreement E I'll, ' ertificate of occupancy, or the expense of the COUNTY, rf of the lien, including, but not 9. BINDING EFFECT. "this Agreement shall be binding upon the parties to this Agreement acid their respective heirs, personal representatives, successors and assigns. In the case of sale or transter by gill of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling, Unit until the provisions of paragraph 8 are satisfied. 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. - 3 - k,1a7 J�►E492 11. DEFAULT. OWNER shall be in default of this Agreement w erg W13 to sell the Dwcllinb Unit in accordance with the atY%rdable housing stand:uxis and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days alter 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 continuing for fifteen (15) years repaid. Such lien shall be owner, lessee, tenant, parity with liens of any and the default is not cure4l9-,wtr bring a civil action to enI'o 1�--; otherwise enforced by the mortgage on real property. This or otnerw,�rsio, ex tytatce.ha�tldEt 41 h; ilh-(30) days after , his agreement. I' s a� by action or the el ective date of this Agreement and certificate of occupancy or until to the `hateret in the Dwelling Unit of any liens'or County taxes and shall be on be Jn default of this Agreement E ",io OWNER, the Board may lien may be foreclosed or as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all tees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR ItU1V1At4FVY OF COLLIER COUNTY BY:_, Sam <Samuel J.^ urso, M.D., President - 4 - OR: 2707 PG: 2693 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this .moi_ day ofd, 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Takird Acknowledgment LAUREN J. BEARD Name of AcknowledW,Typed, Printed or Stamped y, MY COMMISSION • CC Tn1Y8 I P# � a� lam! ��. 1400.1•NCTAXV fit NOIR $ W M DATED; A BOARD� COUNTY COMMISSIONERS ATTEST: C .LIER�C:061NTY F DA DWIGHT E. BROCK, ClerC r /I- i / J Mputy Clerk Attest as to Chairs"IS li"Aturo ofily• Approved as to forth and legal sufficiency Thomas C. Palmer Assistant County Attorney - 5 - J. CHAIRMAN *** OR: 2707 PG: 2694 *** EXHIBIT "A" LOT 35 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 349 PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of linpact Fees entered into this 1 Clay of lhcg - 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 "OWNER." �o WITNESSETH: o� N WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water ,.. and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, g` the Collier County library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, w the Collier County Parks and Re4 Ordinance No. 91-71, as amends .. M Impact Fee Ordinance; CoI,1 er Ce a Road Impact Fee Ordinance; Mill 0 on 4 N 9 County Educational Facilltls"y a d 99.52, the Collier County cdk# •+n :� amended from time to time, ire � CD provide for waivers of impact fi `1i e N affordable housing; and sa Fee Ordinance; Collier County :the Collier County 1 ` �4i'c" icy 'dlnanc� N�i�� 92•?Z�as t:�rt��;,kt`��linart� tnd� al Facilities Imp Pct ot4 7,77 Ser collectively refe,e ;fc Medical Services System the Collier County -3, as amended, the Collier "'011ier County Ordinance No. rF ince, as they may be funhcr as "Impact Fee Ordinance", dwelling unit qualifying as aa, WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's e application and has concluded that it complies with the requirements for an affordable housing >�Cs s w �'"-waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR! 2107 PG: 2234 WHEREAS, the COUNTY approved a waiver ol' impact fes for OWNER embodied in Resolution No. 2000- v� / I _ at its regular meeting of_ ,� 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitak the parties Covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL Dt.SCRIPTION. "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 agree tl a Dw -Ili'Vhjl l t11 remain as affordable housing and shall be offered for sale tit accdrdance.-with the standar) se brth in the appendices to the Impact Fee Ordinance for a peHod ee (SAN e r e, taion ingJ'rom the date the certificate of occupancy is issued for thlr Delling1nt. I 4. REPRESENTAT 61i4, xT N i4FS. YWNM/rePresents and warrants the following: . > 11 . a. '['he Dwelh (t nvttshall be sold to,4%, hold with a very low income as detuied in the aliptce a the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; 6. The Dwelling Unit shall 6e sold to a first-time home buyer; C. The Dwelling Unit shall he 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 $4,736.34 pursuant to the Impact Fee - 2 - OR: Z707 PG: 2235 Ordinance. In return for the waiver of the impact tics owed by OWNER, OWNER covenants and abrees to comply with the utlordable housinb impact tee waiver qualification criteria detailed in the Impact Fcc; Ordinance. 5. SUBSEQUENT 'FRANSFER. 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 REQUIRI MENT. 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 t Cf3UN� Y. .'rl 7. LII?N. The waive t fres shall b v4 l S upon the Dwelling Unit on the \Y effective date of this Agre*mc.txtwhich lien muy be Jorclosed upon in the event of non-compliance with the RELEASE SOF H I FN I IlJ or requirements and fifteen (1 bars after tFie date oI upon payment of the waived"nipct fees, the COUI record any necessary doc umentidividencin6 the t .777 w ... limited to, a release of lien. - 8 ion of the Agreement certificate of occupancy, or expense of the COUNTY, of the lien, includinb, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact Fees waived until said impact Fees are paid in full or until the conditions set firth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 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. - 3 - OR: 2707 PG: 2236 11. DEFAULT. OWNER shall be in dctault of this Agreement (l) where OWNER tails to sell the I)welling Unit in accordance with the allordabic housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter tails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the al ordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days atter notice of the viulation. 12. REMEDIES. Should the OWNER of the property tail 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 tees waived shalt 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 com�nc tgpnjhe effective date of this Agreement and continuing for fifteen (15) years repaid. Such lien shall be sept owner, lessee, tenant, mortage y parity with liens of any such Co" and the default is not cure tri 5 bring a civil action to enfo otherwise enforced by the COl iss °'a tf ,ha certificate of occupancy or until tothe iwerc�t in the Dwelling Unit of any oma. � ce t_I(et dor (ounty taxes and shall be on be lin default of this Agreement (30) days afier,written notie to OWNER, the Board may agreement. In 1. tip,"h�,A c lien may be f areclosed or action or as for the foreclosure of a mortgage on real property. This remedyy %siimuM'v, th any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: MUM OWNERS: HABITA"r FOR fit-MANITY OF COLLIER coUN'rYAC. amuel J. Durso, M.D., President 4 - OR: 2707 PG: 2237 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this _30_ day of , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. Ile is personally known to me. [NOTARIAL SEAL] Signa ure of Pcrso ng Acknowledgment ,e,( 40i LAUREN J. BEARD me of Acknowled s MY GbMMISSION • CC r"I9tl N wp MAES' 10441M � v I.IOp.S•NOTAYV f6 Nary Seiv�es. Jk c., DATED: ATTEST: IJI .. DWIGHT E. BROCK, Clerl� ut " By:s1,j1.0' m fid. Printed or Stamped .RD OF COUNTY COMMISSIONERS LIER 01)NTY, FLORIDA Deputy Clefk M Attest as to' ClNiry� ' s19nature. only..1 �.Alls Approved as to form and � ��' s� -.r legal sufficiency ...,. Thomas C. Palmer Assistant County Attorney - 5 - r, *** OR: 2707 PG: 2238 *** EXHIBIT "A" LOT 36 OF CARSON LAKES AS S140WN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. v OV M Igo AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement tur the Waiver of Impact lees entered into this 1 day of L .c 3000, 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 rettrred to as "W"ER." WITNE:SSETH: WHEREAS, Collier County Ordinance No, 9$-69, the Collicr County Kegion3l Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. 99-39, the Collier County Parks and Rt Ordinance No. 91-71, as amende e Impact Fee Ordinance: Colli C J Road Impact Fee Ordinances Cqj d i County Educational Facilitiesst� 99-52, the Collier County Cort amended from time to time, Collier County Facilities 1 provide for waivers of impact fees "-°fq affordable housing; and collectively batt Fee Ordinance: Collier County ON ,`rregency Medical Services System -22, as amended, the Collier County t r 33, as amended, the Collier cr County Ordinance No. as they may be further as "Impact Fee Ordinance", dwelling unit qualifying as WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban L I1AFlVy6M6nt4* and r~ WHEREAS, the County Administrator or his designee has reviewed the OWNER'S t7 application and has concluded that it complies with the requirements for an affordable housing a ►� R N waiver of impact fees as established in the Impact Fee Ordinance; and J2591; 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 Fvv Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - OR; 2701 PG; 2240 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000- _ I J-- at its regular meeting of _61 i —t k -_i_ _ _ 2000; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY, NOW, 111FRF,FORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated by reference herein. 2. LEGAL. DESCRIP'T'ION. 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 all remain as affordable housing �.w and shall be offered for sale icy a66 dance with the standar sett forth in the appendices to the Impact Fee Ordinance for a period offit3eeih.� 15) yeaomnterin from the date the certificate of occupancy is issued for the Drrein�YJ>it Ea, �: 4. REPRESENTA l tfl• 5 `A- b WARR� i��'�f:S � � NfAx represents and warrants the following. � z U. I'he Dwell q�J�shall be sold t a i uschold with a very low income us defined in the pct Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall tx; the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for (ifieen (I 5) years from the date the certificate of occupancy is issued for the Dwelling Unit; and C. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $4,736.34 pursuant to the Impact Fee - 2 - OR; 2707 PG; 2241 Ordinance. In return for the waiver of the impact tees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing* impact tee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SURSEQUENT'CRANSFFR. 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. AFFORDARLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing for a fifteen (15) year period atter the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the; impact fees shall he immediately repaid to-th CO3E1NTY. 7. LIEN. The waive ���tet tens shag FV'Sen uponthe Dwelling Unit on the effective date of this Agreetaic't lien may be'for losed upon in the event of non-compliance with the re ulrcmWs of thisA Cement. .. q r R, 8. RELEASE d 01VI L IE 'L)po�t� �atlst�t� �om�letion of the Abreement requirements and tiltcen (1 } ar after" t10 dale of,, issd c certificate of occupancy, or SM, upon payment of the waives i p et fees, the COUN�s'hat1 t -the expense of the COUNTY, record any necessary docume:-"t' the tfirm of the lien, including, but not .aw limiteei IV, u rvh;"4 of lien. 9. BINDING EFFECT. "Chis Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift ol' the Dwelling Unit, the original OWNER shall remain liable for the impact fres waived until said impact fees are paid in full or until the conditions set forth in the Impact Fec Ordinance are satisfied. In addition, this Abrccmcnt shall run with the land and shall remain a lien abainst the Dwcllin6 Unit until the provisions of paragraph 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. Hoard of County Commissioners. - 3 - OR; Zh101 ? E442 11. DEFAULT. OWNER shall be in default of this Agreement (1) w ere tails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and therealler fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period, or should OWNER violate any provisions ol'this .Agreemcm, the impact t'ccs waivcd shall be paid in lull by OWNt:R within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit cornM,_ . a t ie et]tctive date of this Agreement and continuing for fifteen (15) years Ilrot, o ,N. repaid. Such lien shall be superior 4nd..mparom, owner, lessee, tenant, mortgee,,�or Parity with liens of any such and the default is not cured to the bring a civil action to cnt`br4-,-`� th,14aagreement. In otherwise enforced by the COU "action action or 0 M.w. mortgage on real property. This remedy ic►itativ liens cerlificatc of occupancy or until ;st' n the Dwelling Unit of any taxes and shall be on e it' default of this Agreement ` OWNER, the Board may lien may be foreclosed or as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHF.RFOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR EIUKIAN1TY OF COLLIER COUNTY, INC, ' BY: � _2 Samuel J. Durso, M.D., President - 4 - OR; 2707 PG; 2243 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this V-) day of , ter , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. I le is personally known to me. [NOTARIAL SEAL] Signature of Person Taki�knowledgment L(11-lr e n –5 6C -(-1r e4 — �►� LAUREN BEARD Name of Acknowledr Typed, Printed or Stamped MT COMMMi )N 0 CC rnwe v p exnres: ,ataamx s" , DATED: YJ l I b'D ATTEST: DWIGHT E. BROCK, C By: Deputy Cleik Attest a: ot-Ah andtos CjW i� , s S19"tuft Approved 'as to legal sufficiency �^ J Thomas C. Palmer Assistant County Attorney COLLIER e` I t COMMISSIONERS LORI DA r CHAIRMAN *** OR; 2707 PG; 2244 *** EXHIBIT "A" LOT 37 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 04 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. _ AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this I day of 2000, by and between the Board of County Commissioners of Collier County, Florida, hercinalter referred to as "COUNTY" and habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNI-SSETI-1- WHEREAS, Collier County Ordinance No. 98-69, the Collier County Regional Water .. and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, /AH NO M the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreataortit iItIr1pact Fee Ordinance; Collier County Ordinance No. 91-71 as amc0Je l,,.1he ColLn 4 lier County n eY ncy Medical Services System e Impact Fee Ordinance; Colder t outaty rdtnance No\ 02-2 as mended, the Collier County m_ C►. o 64 � rd r atii the Collier Road Impact Fee Ordinan e; oll wry linty , 2 as amended, I�,� ? Y 3 " N 9 TJ , rdinance No. fCount Educational FaCllltl µ 9q 1 4i"_ =F a 99-52, the Collier County Conal Facilities Imph Fee U'rdinancc, as they may be further amended from time t0 time,`Ciier collectively it to as "Impact Fee Ordinance", a� m u. t r— d o provide for waivers of impact Eche fo se��+upied dwelling unit qualifying as i affordable housing; and 0 8 WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application heinb on file in the office of 14ouSing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNFR's e application and has concluded that it complies with the requirements for an affordable housing -waiver of impact fees as established in the impact Fee Ordinance: and uC ���s rrrw 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 Nee Ordinance qualifying the project as eligible for an impact fee waiver; and OR! 2707 PG: 2246 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2004- x,7,1 l at its regular meeting of _ �i 1 , 2000; and WHEREAS, the Impact Fee Ordinance retluires that the OWNEIK enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the t1bregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and are incorporated 6y reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwellinb unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. x . 3. "TERM. OWNER agree" � �t the Dwelling-Vh; hail remain as, affordable housing and shall be offered f'or sale iy acgbF4ance-with the standard set forth in the appendices to the Impact Fee Ordinance for merit t 3eei l5)+ear �c mmgn ing,,trom the elate the certificate of occupancy is issued for the Duelling Unit. I3 ,. 4. REPRESENTAItS AND WARRAN t3,f:S.WN[L`represents and warrants the 4S following: a. The Dwelh4, hold with a very low income as defined in the appals eko}ic Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall he within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance: b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for filleen (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 $4,736.34 pursuant to the Impact Fee .. 2 - OR; 2707 PG; 2247 Ordinance. In return for the waiver of the impact tens owed by OWNFR, OWNER covenants and agrees to comply with the affordable housing impact tee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT "TRANSFER. If OWNER sells the Dwelling Unit subject to the impact Icv waiver to a subsequent pumhascr, the DwOlinb Unit shall be sold only to houscholds meeting the vriteria scat tvrth in the Impact Fee Ordinance. 6. AFFORDABLE? REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period atter the date the certificate of occupancy is issued, and if the Dwelling Unit ceases to be utilized tar that purpose during such period, the impact fees shall be immediately repaid to'tht, C0vUN TY. 7. LIEN. The waived i�t tz cs khat ��n upon the Dwelling Unit on the effective date of this Agreem"t►t . which lien may be foreclosed upon in the event of non-compliance with the require nems o`t iii A reeme t. 8. RELEASE d OF11" 1 E: * poh'tifat+ completion of the Agreement k ' rcquircments and fittccn (11,� 'thcertificate of occupancy, or upon payment of the waive ct tees, the COUP ahafl af"he expense of the COUNTY,�" 14 V record any necessary documen 1 t"' yidencing the te,n-i n of the lien, including, but not limited to, a release of Itcn, 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact tees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph 8 are satisfied. 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. - 3 - OR; 2707 PG; 2248 11. DEFAULT. OWNER shall he 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 Fcc Ordinance and thereatier tails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days atter notice of the violation. 12. REMEDIES. Should the OWNER of the property tail to comply with the said qualification criteria at any time during the titicen (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 coTri,rtcitg�tie effective date of this Agreement and continuin6 for fifteen (15) years repaid. Such lien shall he supti owner, lessee, tenant, mortgagee parity with liens ol' any such Cot and the default is not cured\ Y t. bring a civil action to cnfor�- otherwise enforced by the COL mortgage on real property. This 'X15 tb�';`date of issuahv-*16 t certificate of occupancy or until d or and...paramount to therl fres in the Dwelling Unit of any ' w..... oother xor ex rceni liens f r County taxes and shall be on Ws. S loold fhc,0WNVK {be in default of this Agreement iU) days of eieY yrittt:n nottc�t OWNER, the Board may agreement. In itf on,,* lien may be torc,•c:losed or Y action or swv'-in �Quity as for the foreclosure of a any other right or remedy available to the COUNTY. The Board shall be entitled to recover all tees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR H)lEOIAN -r,y OF COLLIER COUNTY, r 1�, BY._,. Samuel LDurso, M.D., President .. 4 -- OR; 2707 PG; 2249 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this day of S L_�, , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. C [NOTARIAL SEAL] Signature of Person Taking cknowledgment LAUREN J. BEARD Name of Acknowledges-717,y,4�,vd, Printed or Stamped MY OOMMISN I CC 7771% SIO �K R� EXHRES. 10/2//2002 �" t'x m'ey a 1100 I•N07'AIIV F4 Na.ry s-- • DATED! St L I UQ_ ATTEST: DWIGHT E. BROCK, By; puty Clerk Attest :s to Chsinwll 09aature only. Approved as to form and legal suflicicncy I7 tM Thomas C. Palmer Assistant County Attorney COLLIE It 5� i xw t ;��TIIyI - 5 - OUNTY COMMISSIONERS J. CO ANTI , CHAIRMAN *** OR: 2101 PG: 2250 *** EXHIBIT "A" LOT 38 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGFS 94 THROUGH 96, OF 'THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ri AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES "Phis Agreement for the Waiver of Impact Fees entered into this I day of d 2000, by and between the Board of County Commissioners of Collier County, Florida, hereinaller referred to as "COUNTY" and Habitat for humanity of Collier County, Inc., hereinatier referred to as "OWNER." �►= WITNESSETH: n A - N Will -'REAS, Collier County Ordinance No. 98-69, the Collier County Regional Water y and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, �+ M H a p, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, -4 the Collier County Parks and Rt Ordinance No. 91-71, as amcride Impact Fee Ordinance; Copier �► a' $ Road Impact Fee Ordinan e; CtoI .: County Educational Faciliti s y* 99-52, the Collier County Citi amended from time to time, bprovide for waivers of impact ew w a afTordable housing; and Collier County Facilities I collectively Fee Ordinance; Collier County 92-= as Medical Services System the Collier County .1,3, as amended, the Collier ,bllier County Ordinance No. Once, as they may be further as "Impact Fee Ordinance", dwelling unit qualifying as B o WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of dousing and Urban as Improvement; and WHEREAS, the County Administrator or his designcc has reviewed the OWNER's F m application and has concluded that it complies with the requirements for an affordabic housing s tj a ;Waiver of impact tees 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 valityinb the project as eligible for an impact fee waiver; and - 1 - OR: 2707 PG: 2252 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 2000 D q at its regular meeting of (,I _. 2000; and WIIERF.AS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW' '1'111:184ORE. in consideration of the foregoing recitals, the parties covenant mid agree as follows: 1. RECITALS INCORPORATED. The foregoing; recitals are true and correct and are incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of' the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER and shall be offered for sale Impact Fee Ordinance for a ?? of occupancy is issued for the 4. REPRESENTATI following: C,A +elllr�g l %i Wll remain as affordable housing the standar setorth in the appendices to the dears c immencing",,from the date the certificate (line Unit x D V1 A"IiRA f •FS NEg/,represents and warrants the t a. The Dwelli '-Uri sha11 be sold to� ,h6i u,s6hold with a very low income as defined in the app tc s klfie Impact Fre Ordinance and hWhcr monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; C. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for titieen (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 $4,736.34 pursuant to the Impact Fee - 2 - OR: 2707 PG: 2253 Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUE'N'T 'TRANSFER. If OWNER sells the Dwelling; Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall he sold only to households meeting the criteria sct forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period atter the date the certificate of occupancy is issued; and it the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to -11 1 f' UPJ t Y. 7. LIF"N. The watvcd t±t fees shah r, �icn upon the Dwelling Unit on the effective date of this A non-compliance with the 8. RELEASE requirements and fifieen ( upon payment of the wail record any necessary doe limited to, a release of lien. ick► lien may be fur losed upon in the event of iremnts olu N f LIENS i ears utter the fees, the evidencing the i4f*-t6�y 1completion of the Agreement 2 is suttct' 014 certificate of occupancy, or 6� iha:1'JZ t;° the expense of the COUNTY, ter tit atton of the lien, including, but not 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall nen with the land and shall remain a lien against the Dwelling Unit until the provisions of paragraph R 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. - 3 - OR; 2707 PG; 2254 11. DI:FAUL'r. OWNER shall be in default of this Agreement (1) where OWNUR fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and lherealtcr tails to pay the impact fees due within thirty (30) days of said non-conlplianc4, or GO') when OWNI:K violates one of IN; of urdable dousing 4ualitication 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 titteen (15) year period, or should OWNER violate any provisions of this Agreement, the impact tees 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 cotnm�cIri on the effective date of this Agreement and e., continuing for fifteen (15) years trp Mate of lssu t'lee Ix certificate of occupancy or until #.aN repaid. Such lien shall be sup"erlur,'ndumount to the I 'res in the Dwelling Unit of any owner, lessee, tenant, mortgagee, QT_jot ier gof c p, ins �r 6unty taxes and shall be on parity with liens of any such Co`nty tnkl Shotlil R {be lin default of this Agreement and the default is not cured tin (30) days ager rittcn notic ` 6 OWNER. the Hoard may bring a civil action to enfor Ah agreement. In fit ittlu A 1 lien may be foreclosed or r otherwise enforced by the COl11VT by.,aution or �u+t�.clt,ity as for the foreclosure of a , A mortgage on real property. This reined i t mlaiiketth any other right or remedy available to the COUNTY. The Board shall be entitled to recover all tees and costs, including attorneys ICCs, incurred by the Board in enforcing this agreement, plus interest at the statutory rate tur judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF. the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR 1i�X GIANITY OF Print N nie Itif COLLIER WbNTY, Print Name Id(A BY, .- -- - Samuel J.Ourso, M.D., President 4 - OR; 2707 PG; 2255 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this _'_ day of ��,,� , 2000 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. lie is personally known to me. [NOTARIAL SEAL] Signature of Person TakiffeAcknowledgment r LAUREN I. BEARD Y COMMISSION I CC 777198 EXPIRES 1044f"Z �'=u�)NOTANY Fy NiSp„CRL 1k Cu DATED: b u ATTEST! DWIGHT E. BROCK. C By: La.tjr-g�.0 �3 C,4: -r4 - -- Name of Ackno*dgt-r-Typed, Printed or Stamped mputy %;iemx Attest as to Chairs ",$ signature only, Approval as to form and legal sufficiency a _ Thomas C. Palmer Assistant County Attorney 4 BOARDQF COUNTY COMMISSIONERS COQ LIER OUNTY, FLORIDA el 3, 5 h V. r CO N1'1 , CHAIRMAN - 5 - *** OR; 2107 PG; 2256 *** EXHIBIT "A" LOT 39 OF CARSON LAKES AS SHOWN ON THE PLAT THEREOF AS RECORDED IN PLAT BOOK 349 PAGES 94 THROUGH 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Prepared by: Patrick G. White AWL Collier County Att'y. M Tsudaad Trail East Nap1m FL 34112 2831292 OR: 2864 PG: 0592 RBCORDBD in MICIAL RECORDS of COLLIER COUNTY, ?L 01;2312001 at 011:28PM DWIGHT E. @ROCK, CLERK RBC PEE 31.50 Retc: HUI INTEROIPICB(HORSESHOS DR WENDY KLOPP This space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the W°of Impact Fees is e�d into this day 2001, by and between Collier C outaty; . ppiiti�a#� sttl�diy,ision o the ;State of Florida through its Board of County Commiss Humanity of Collier County, " 1 I�artICS.» RECITALS: WHEREAS, Collier County ;d1tt No ~! Impact Fee Ordinance, as it may be further NTY," and Habitat for as ',\`OWNg,'' collectively stated as the Collier County Consolidated 'rom time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and — 1 — OR: 2864 PG: 0593 WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, tra caeration of the texi Recitals, and other good and valuable consideration, the receipt /and�sufficiency.o� evuich i het by mutually acknowledged, the Parties covenant and agrer as folt°, 1. RECITALS INC�RPRITE The `tcrc�oing�Rcitly are true and correct and are incorporated by rets ce herein. �Z, 8 2. LEGAL DESCRI INThe legal description rpttiefiwelling unit and its site plan (the "Dwelling Unit") is ;�ach�as, Exh+bA, and is incorporated by reference herein. � 3. TERM. The term of this Agreement is for no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2864 PG: 0594 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in the attached Exhibit "B," incorporated by reference; and e. In return for the COU,NwTY!'S waiver of the impact fees otherwise owed by OWNER, OeWfart nd agrees to comply with the ii affordable hoo g-mo,4ct fee waiver alification criteria detailed in the 'g Impact dee Ordinance 5. SUBSEQUENT ' RA JS ERI EFA .�� . �It V 'NER. sells the Dwelling Unit h a ` x which is subject "" impact f4 wai 6i',, o ati nt Purchaser, the Dwelling Unit shall be sold o�t�,persons or househo meet(Pg.1 e waiver qualifying criteria set forth in the Impaci`*6i4,inance. In tl i 44e,4 sale or transfer by gift of the 'V Dwelling Unit, the original OIft.hf.iisn 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 and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty- - 3 - OR: 2864 PG: 0595 Eight Dollars and Eighty Two Cents (54,848,.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for Count�te: 8. RELEASE OF LIES, pon satisfacto�y< i cipletion of this Agreement's requirements aftera iftein (3 ye &.from -the dat of issuance of the certificate of occupancy, or upon p►rjortmof t�i d tnapac.t fes, the COUNTY shall, at c adl the expense of the" C U ITY ri c r�i` an� nece sa y do u ttentation evidencing such payment or relea..4 4en.` 9. BINDING EFFECT ' fti ,Agreement shall Ati't w itland and be binding upon the Parties to this Agreemen `end t1irt heirs succsscs and assigns. w I, , , lU. RECORDING. This Agreement sftalf Mbe recorded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (1 S) days after mailing of written notice of the violation. -- 4 - OR: 2864 PG: 0596 12, REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall he paid in full by OWNER to the COUNTY within thirty (30) days of written notificution of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agrep;t.Y'. u C. In addtttotthe lien may be e COI NTY i by' -an . action c toreclos�vrq, of a µ rtg e ) r e `titled to reoer alb e� tutee i,,at the statutory rate`s IN WITNESS WHEREOF, the Impact Fees on the date and year first above written. Witnesses: YW ✓ Print Name L-' L!1W'4W' 1--R ` Print Nam Moos ►tl2ac1, or otherwise enforced by the suit din law or equity including the real prcapertV. The COUNTY shall be inch cuts, including attorney fees, plus Or ju4gni r calculated on a calendar day executed this Agreement for Waiver of ,�1�.y/►`I HABITAT FOR HUMANITY OF COLLIER COUNTY, NQ7 - 5 - Samuel JXurso, M.D., President in OR: 2864 PG: 0597 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this J_ day of .c , 2001 by Samuel J. Durso, M.D., President -of Habitat for Humanity of Collier County, IEne. He. is personally known to me. - [NOTARIAL SEAL] Signa jxi of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped JEAN SMITH �o��nCOtiN' 6XPiR�c� COLLIER COUNTY, FLORIDA SOF FL o4DVMt� MOYAow xr Ft . TH W. OLLIF , Ul STATE OF Florida r 1 ga4€� � COUNTY OF Collier Y The foregoing Agreement was acknowledged tore the ti by Thomas W. 011iff, CountyMaIi4er, on behalf of thgOW' ' [NOTARIAL SEAL] Signature MANAGER day of JJA4 2001 /lie is personally knokvn to me. nt ? A",g fixx s rRoAx-, Name of Acknowledger Typed, Printed or Stamped �N • CQ iN ft7 1wLtY 12. M YIrW t#�., tai, - 6 - OR: 2864 PG: 0598 EXHIBIT "A" LEGAL. DESCRIPTION LOT 41, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE., OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A. B. C. D. E. F. G. H. Type of Impact Fee Library Impact Fee,/' Road Impact Fee Parks Impact Fee.* EMS Impact Fee Educational Facilities Syt t Correctional Facilities Impact 1~ Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES WAIVED «B„ Owed $ 214.00 i [,825.00 820.84 93.00 act Fee 1,778.00 "x -� 117.98 - 7 - $4,848.82 1. WV W Y iqi o $o; [lit b 4111MOY 111fill 11 h ill fill 11� V%, �^ ',a�C.__ » n. 14 M tl 0 NI o ,Iul ID 7QLW —` r w. uar 1/01 0.GW w NOl T7 �'1M i, N0117 3S•w E MO 77.35-W � ya 'da �a a w — — — — — — — — -` 7T.00 w rL ui 72.00' \ �2a Motx iew Moi w W.Im. t 430%Z; a'„ � — -CJ3&C.Z.Jr.- - - fil inA a � a �yr — — — — — M tl 0 NI o ,Iul ID 7QLW —` r w. uar 1/01 0.GW w NOl T7 �'1M i, N0117 3S•w E MO 77.35-W � ya 'da �a a Prepared by: Patrick G. white AWL Collier county Alt'y. 3301 Tamiami Trall Fast N■plea, FL 34112 2831300 OR; 2864 PG; 0656 RICORDID in 01?ICIAL RICORDS of COLLIIR COUNTY, ?L 01/21;;001 at 01:28M DWIGHT I. BROCK, CLIRK RIC 111 11.50 Retr: HUI INTIRO??ICl/HORSISH01 DR WINDY KLOP? This space for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Suver of Impact Fees is brCerc i into this/ day of O 2001, by and between Collie Codnt Itti dt"%ub i inion o - the State of Florida throug� its Board of County Com Humanity of Collier County and Habitat for to a,' collectively stated as the „Parties." RECITALS: WHEREAS, Collier County rdm#nce N- Q(�,I l3, the Collier County Consolidated . �. .µK,- Impact Fee Ordinance, as it may be further amendedTT from time to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on rile in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - 6 OR: 2864 PG: 0657 WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, if valuable consideration, the reeiF the Parties covenant and agree as t 1. RECITALS INCORI,� ,4 incorporated by re erg't 2. LEGAL DESCRIPf (the "Dwelling Unit") herein. � iiisution of the ,id-s-tiffic,iency of which 1TED hei f►►ginIF V ah Va . herein. 4 The legal descr►pt qn c ttahed as Exhik�tA,` " - 1 F - Recitals, and other good and by mutually acknowledged, tuls are true and correct and are ing unit and its site plan is incorporated by reference 3. TERM. The term of this Agreement is for no longer than a period of fifteen (1 S) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES, The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - OR: 2864 PG: 0658 payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in the attached Exhibit "B," incorporated by reference; and e. In return for the COLf the impact fees otherwise owed by OWNER, R R further covehaAt agrees to comply with the affordably h01, ot `sing impact fee w4 yer qu lification criteria detailed in the € � t Impact .Fee Ort4nancell 1 I he 9$ 5. SUBSEQUENT TRA IS)�ER,.' REPAYMENT. �t OWNER t sells the Dwelling Unit which is subject to'116, impact fee waiver a sobsc y r t purchaser, the Dwelling �? k 8 Unit shall be sold on 'persons or households n.) liftg4'he waiver qualifying criteria set forth in the Impact p�'Ogiinuoce. mIrt cu � f sale or transfer by gift of the Dwelling Unit, the original in 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 and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of Four Thousand Eight Hundred Forty- - 3 - OR; 2864 PG; 0659 Eight Dollars and Eighty Two Cents ($4,848,.82), as set firth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for Countta�e 8. RELEASE OF LIEN lJpim rt satistac,ib",tt)pletion of this Agreement's requirements atter tI een, 45) r% from the dat of issuance of the certificate of occupancy, or uppn prior yme s tit ed JIA I ct fees, the COUNTY shall, at the expense of the COUNTY, documentation evidencing such 9v I payment or release,p` hen.n �o � ) 9. BINDING EFFEC' ,'1hi� Agreement shall iffilin with; &,,fand and be binding upon the Parties to this Agreeme a their heirs—, uc stir, and assigns. 10. RECORDING. This Agree merh corded by COUNTY at the expense of COUNTY in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after mailing of written notice of the violation. - 4 - OR: 2864 PG: 0660 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise be in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agre c. In additto N COUNT for�clotiure of a co may be action or suit'An enitleo to reoovr fall intoTsCat [he statutory basi .4h t said. IN WITNESS WHEREOF, thi Impact Fees on the date and year first above written. Witnesses: ry �� Print a Liso. t2, LQ+kQ") Print NameoxAp&m tdnaz4 , or otherwise enforced by the or equity including the on areal r c rfv. The COUNTY shall be k dn� c ts� including attorney fees, plus 4 or nuc gmct calculated on a calendar day e ececuted this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUN , IN B 00 Samuel J. Krso, M.D., President - 5 - OR; 2864 PG: 0661 STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this --,-7 day of L4, 2001 by Samuel J. Durso, M.D., President of Habitat' for Humanity of collier County, I c. a is personally known to me. 21� [NOTARIAL SEAL] Signature q erson Taking Acknowledgment a. jE ; ],frame of Acknowledger Typed, Printed or Stamped -x Lrco � EXPIFES AU:; Vf E+ri AGVA. WA 6 IY. \ •.� A STATE OF Florida COUNTY OF Collier The foregoing Agreen by Thomas W. 011iff, County [NOTARIAL SEAL] Signature COLLIER COUNTY, FLORIDA , on behalf of t OLLIFF( 4OUNTY MANAGER ui ' day of JJ,. 2001 He is personallknokn to me. Name of Acknowledger Typed, Printed or Stamped Do" Ambww - 6 -- OR: 2864 PG: 0662 EXHIBIT "A" LEGAL DESCRIPTION LOT 42, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A. B. C. D. E. F. G. H. Type of Impact Fee Library Impact FeeJ/ I he 4i Road Impact Fee 9< Parks Impact Fee , \ V EMS Impact Fee Educational Facilities Sy.�� Correctional Facilities Impact F Water Impact Fee Sewer Impact Fee TOTAL IMPACT FEES WAIVED T '6B" N �.� Amount Owed w 214.00 ,825.00 Z 820.84 4" w 93.00 npact Fee 1,778.00 s 117.)8 - 7 - $4,848.82 Ail I—V ! a 1u In An a a�, fill I q 0 ;I'D Idi fill I I ft, 11 All 1, 1; 0 a S ±I 0 e 0 NotRr3s'w R N012738'w N017r35V-w �� N0121r'33•w J �,, .w 72A Y k, x w Moo'3a'Js'w Is w — illi 31 N R YL 72.00' mv, 3W34'w � �p Noimo'34•w g017031'w �� N01 let ilk 4 -CJZCAJL Wr Owl r� leg 7 ear�� �a 7aw' 70.w mw' UN .z4r N017034w 7ab0' N017034'w — NOl'30'34•w _ No,'30'34•w wR�s.— — — — N017034•w— 0 a S ±I 0 e 0 NotRr3s'w R N012738'w N017r35V-w �� N0121r'33•w Prepared by: Patrick G. While Asst. Collier County Att'y. 3301 Taman{ Trail least Naples, F1.34112 2894203 OR: 2934 PG: 2600 RICORDID In OFFICIAL RECORDS of COLLIIR COUNTY, FL 12/03/2001 at 10:52AN DWIGHT B. BROCX, CLERX RIC FEB 31,50 Retn: HOUSING & URBAN INPROVININT ;NTBR OFFICE TO HUI I'hk% %pace for recording AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the Waivcrcatered into this .Z day of - 2001, f -2001, by and between Collier Cot aty,° a political subdiviii�i "iit'Oe State of Florida through its Board of County Conunissw,6ncrl�, Humanity of Collier County' Inc j°�, h ..Parties... WHEREAS, Collier 9 RECITA 115 to a\ "COUNTY," and Habitat for nance No. 2(X) I - DIVER," collectively stated as the to Collier County Consolidated Impact Fee Ordinance, as it may ick`ftltlt�t%`rteijtic*ait °lite to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact tees as allowed by the Impact Fee Ordinance, and a copy of said application is on the in the office of Housing and Urban Improvement Department; and WHEREAS, [tie County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance, and - 1 - WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver, and WHEREAS, pursuant to Section 74-201, E. I.h. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements, and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Ilousing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an 0 Agreement with the COUNTY. c� M NOW, THEREFORE, in con de 'd'bn,ci � eiregoing Recitals, and other gcxxl and valuable consideration, the recet ttd sufficiency ofµwft Thereby mutually acknowledged, O the Parties covenant and agree as fol uws, I. RECITALS INC�ORPi�[.`Ft�g�g�Rtal,:"ire true and correct and are A x � { incorporated by is �c Wreiit 2. LEGAL DESCRI'fON. The legal cleur�t,ionlof the ,yelling unit and its site plan (the "Dwelling Unl ' tsa�ttached as Exhibit " rrd is incorporated by reference herein. s c 3. TERM. The term of this no lunger than a period of fifteen (I5) years commencing from the date the certificate of cxcup.uIey is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRAN'ru.s. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; h. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and t:ighty Two Cents ($4,848.52), as set firth in the attached Exhibit "B," incorporated by reference, and C. In return for the COUNTY'S waiver of the impact fees otherwise owed by OWNER, OWNF tt th r et ants and agrees to comply with the affordable he i a impact fee w iaei qualification criteria detailed in the Impact, Vee Ortttftattr ww.. 5. SUBSEQUENT''°TRAN—SWIfi PA T E ,lt WISER sells the Dwelling Unit E r which is suhjec t � k he im is lett v ti cr tui S ibsLquc"nt purchaser, the Dwelling v a Unit shall he sold'.1r � to persons or houu o s tneetit`# the waiver qualifying criteria V;..�_ set forth in the ImP , , ee Ordinance. In t , 'c; c* o sale or transfer by gift of the ._ Dwelling Unit, the ori tet' (iii R s J "fitr a iliable for the impact fees waived until said impact fees are paid tit fufl cir until the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement, and if the Dwelling Unit ceases to he utilized for that purpose during, such period. the full amount of the waived impact fern shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and he a lien on the Dwelling Unit in the anwunt of FourThows 111d Eight Hundred Fort - 3 - 4 -- Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, interior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of 0 ew any owner, lessee, tenant, mortgagee, or other person, except that this lien shall be on parity with any lien for County taxes. c`� f3. RELEASE OF LIEN Upe n i? acyll y completion of this Agreement's S requirements after tikt c (ISj years from thee, Et,; )t issuance of the certificate of 0 occupancy, or upon prtdr payntt ct,.,.thcwaived iripac tees, the COUNTY shall, at the expense of the COUNTY, �ord{ �ss�t t j ���1oct�mentation evidencing such payment or rele,a e orllie,n 9. BINDING EFFEC This Agreement sh.rff hc run with �hind and he binding upon the Parties to this Agro% �t�t,irnd their heirs, ute tt°sr►►sr>d assigns. lU. RECORDING. This' shallc r[�r�dhy COUNTY at the expense of �* sl r ,- s COUNTY in the Official Re 04 of nty, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement it: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or h. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen ( IS) days atter nailing of written notice of the violation. - 4 -- 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be pairs in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (rl0) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, ,.the COUNTYA AY' foret Iosu'i enitle� y,...t� rr�cc I F int33 erest a the iso as til paid. IN WITNESS WHIr'RI:( Impact Fees on the date and year first abo`� Witnesses: Print Narge y L (40 Print Nam '!''&. �d all action or ICS dosed, or otherwise enforced by the law or equity including the real 'JVoroy. The COUNTY shall be iny,huting attorney fees, plus �ulated on a calendar day !d this Agreement for Waiver of OWNER: HABITAT FOR HUMANITY OF COLLIER COUNT C , Samuel J. DUM0. M.D., President -- 5 - STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this �� day of /I /'�"r,1 2001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment N►MAUS OW000ft -- NonotVA i°ooWW 0 N m NCns-Tc- Name of Acknowledger Typed, Printed or Stamped c STATE OF Florida o COUNTY OF Collier The foregoing Agree by Thomas W. 011iff, Count [NOTARIAL. SEAL] Sign Name of Acknow Approval Recommended Greg A hal , Director Housir g & Urban Improvement COLLIER COUNTY, FLORIDA S W. OLLIFF, CJW1NTY MANAGER td `k'lorcarr the ! duy of ,1rc `cc 2, 2001 f at C C( i i TYj j- is personally known to me. Taking - 6 - MARY E. BECK Jnr (X*AMMav • cr W."M eXMM ApW u, MM , Printed or Stamped Approved as to term and C suttr ' Crtcy; Patrick G. hite Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 43, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUN'T'Y, FLORIDA. TOTAL IMPACT FEES WAIVED - 7 -- $4,848.82 EXHIBIT "B" .o .k",DOWN to Type of Impact Fee Amount Owed A. Library Impact Fee �r 214.00 N B. Road Impact Fee ,°3 ��_ 1,825.00 r. C. Parks Impact Fee ''J { j ,: h ?µ,. �, 7',' 820.84 . D. EMS Impact Fee 03.00 E. Educational Facilities S ti�Lrahlipact Fee 1,778.00 F. Water Impact Fee` s 0.00 G. Sewer Impact Fee 0.00 H. Correctional Facilities Impact Fee 117.08 TOTAL IMPACT FEES WAIVED - 7 -- $4,848.82 -K 49 4c O 'M 4c offiE � I W(jz_�^ w O ` 0 Z ° 51NV 111911or�Nighs Dr. b� b m €€ F ° ! ° 0 r4flg 9% m y o fix_ 251,2 s `n Lo ' s 3 E g S $� I o a 3 Y 6F F 3 5890 -.- 9'W o40 �I C g IN 68-32-16- N 8.3T16 1146, 89' N E _ uses' 84 mbf + �s 1• µ e,4 W dl I A In 86.23' 1 /� .1 + N 91 I Ia Rg N I <'' _t JQU = H N •1• 1 r eo.00' z N89'02'05'E h I N 89'02'05_E 111.76'hn p kak rei R N Z ' ja N eev2'm' a 12o.es 30.00' 30.00 -- ° CARSON ROAD � Preparee by: Patrick G. White Asa't, ColUer Cuunly Att'y. 3301 Tamlarol Trail hast Naples, Fl. 34112 2894202 OR: 2934 PG: 2592 RECORDID in OFFICIAL RICORDS of COLLIIR COUR?T, FL 1:1/0312001 at 10:520 DWIGHT I. BROCK. CLERK RIC FEB 31.50 Rel.n: HCUSINI j URBAN IMMKIN:' IVTER OFFICI TO NUI Thk %;wv for mordhim AGREEMENT FOR WAIVER OF COLLIER COUN'T'Y IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the W 2001, by and between Collier Board of County Conimissiont�s, Humanity of Collier Count, Ind k "Parties." Cctth��®entered into this day of ,apolitical subdiviri'the State of Florida through its ar rs.ini fcer r,et�; d to ffs { Ol1NTY," and Habitat for N>R," collectively stated as the RECITAL. i ;, s WHEREAS, Collier C i irtgVOrdinance No. 2 i�-i f Collier County Consolidated Impact Fee Ordinance, as it mayto time, hereinafter collectively referred to as "Impact Fee Ordinance `provikks for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - M C% aL7 N CL •a+ M Q1 N a O WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 7.3-201, E. Lb. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consiolie tiq �fia~�1 valuable consideration, the receipt . iA u1'l clency of the Parties covenant and agree as 1. RECITALS INMRPORATPD 1-T, e 1.,ra, incorporated by re'fereii�ehcrcin. J k -6`h µ 2. LEGAL DESCRIF OSI. The legal descri (the "Dwelling UniC"I attached as Exhi ng Recitals, and other good and by mutually acknowledged, true and correct and are on �i 'thy* v�clling unit and its site plan ,'",is incorporated by reference herein. 3. TERM. Tile term of this Agre'e1t1nt"°is't«r nu longer than a period of fifteen (1 S> years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be oftered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: u. OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly - 2 - payments to purchase and pay for the Dwelling Unit will remain within the which is suect,tu (diempact.fee v rv; -f) 4stfhsOquen purchaser, the Dwelling Unit shall he soldliffi, to persons or households n�leet rtohe waiver qualifying criteria set forth in the fill Zee Ordinance. It -ale or transfer by gift of the Dwelling Unit, the for the impact fees waived until said impact fees are pard rrt tall>r �+rtrf the conditions set firth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement. and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall he immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the CI'I'CCti%'C Mute of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of F0ur'fhe►us;urd tight Hrllldll'd FOrtN- - 3 - affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the terra of the Agreement retrain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents 14:V ($4,848.82), as set forth in the attached Exhibit -13," incorporated by rn reference; and N c7 e. In return for the COUNTY'S waiver of the impact fees otherwise owed by ss, OWNER, OWNFR'-.f�hcras en nts and agrees to comply with the affordable hotq qg impact fee. wa i lification criteria detailed in the p Impact Fee (Yi itta IM. 5. SUBSEQUEN T'RA1VS1F#2��ymEN ItVNR sells the DwellingUnit which is suect,tu (diempact.fee v rv; -f) 4stfhsOquen purchaser, the Dwelling Unit shall he soldliffi, to persons or households n�leet rtohe waiver qualifying criteria set forth in the fill Zee Ordinance. It -ale or transfer by gift of the Dwelling Unit, the for the impact fees waived until said impact fees are pard rrt tall>r �+rtrf the conditions set firth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement. and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall he immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the CI'I'CCti%'C Mute of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount of F0ur'fhe►us;urd tight Hrllldll'd FOrtN- - 3 - Eight Dollars and Eighty Two Cents ($4,848.82), as set forth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it Suitable Security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and Subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. Up i-1111--i(pry, completion of this Agreement's requirements after hftee6'V-54-years from issuance of the certificate of occupancy, or ,ived ii pac�tjees, the COUNTY shall, at the expense of th'e Cf)CY; rr�l{ryf�e`N�:iryicxtlmcntutiun evidencing such payment or relcas4e,�teia f E ljll � 9. BINDING EFFEC' This Agreement shah j -un ��ith rbc IAnd and be binding upon the Parties to this Agree 11ght,4�11d their heirs, suassigns. 10. RECORDING. This COUNTY at the expense of COUNTY in the Official Record.�jf J') 1" County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAUL:I'. OWNER shall he in default of this Agreement it': a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said nun -compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it period of fifteen (1 j) days after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cunurlative with any ether right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year term, or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, the I COU NYv an action ,3 r► tere t at thq'st. to ba f.'*itil paid. IN WITNk.SS WHF. Impact Fees on the date and year first Witnesses: 'A'.'j Print Na e"0 Xi� Print Name —foreclosed, or otherwise enforced by the irlaw or equity including the ai realop rty. The COUNTY shall he r ,4-1 ti► ti, ufcluding attorney tees, plus or J141d iLalculated on a calendar day this Agreement for Waiver of OWNER: ham, HABITAT FOR HUMANITY OF 1v��J COLLIER COUNT NC.11 Sanuiel J. Durso, M.D., President -- 5 - STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before tile this day of / 2001 by Samuel J. Durso, M.D., President of Habitat fir Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL) Signature o -t Person Taking Acknowledgment DANIELLE 008M N°TARY aot�°�it, °A i°R > �OIraO TtM AM 14WNOTM V1 C71 �L7 N a N o STATE OF Florida COUNTY OF Collier �---- Name of Acknowledger Typed, Printed or Stamped COLLIER COUNTY, FLORIDA The foregoing Agreeinentt was a:nw)edg ` I�r by Thomas W. 011iff', County MA" ° )n e atfe 1 (e j� [NOTARIAL SEAL] Signal int 'fir o Taking Ac Name of Ack now Approval Recommended Greg MifUrhan Director Housing Improvement -- 6 - ,AS W. OLLIFF, UNTY MANAGER - day of , "tx 2001 :Y1�T�Y� �e is personally known to tile. R MARY E. HECK MY COM MON a aW17M BacPIMM ApY ZX =9 Printed or Stamped Approved as to form and suft� • cncy: V Patrick G. ite Assistant County Attorney 13,4!IIBY17:M LEGAL DESCRIPTION LOT 44, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED 1N PLATBOOK 34, PAGES 94 'rHROUGH %, INCLUSIVE, OF T'HE PUBLIC RECORDS OF COLLIER COUN'rY, FLORIDA. co o, Lin N Ate.. EXHIBIT "B" IN'Ii A KDOW N ountTyo Type of Impact Fee 4m Owed r A. Library Impact Fee " F R: "� gym} a R. Road Impact Fee �� s" ' � 1,825.00 C. Parks Impact Fee. � �� ��� 820.83 4" l it D. EMS Irnpact Fee 93.00 fi E. Educational Facilities S &tkonf knpact Fee 1,778.00 F. Water Impact Fee ` 0.00 G. Sewer Impact Fee 0.00 H. Correctional Facilities Impact Fre 117.98 TOTAL IMPACT FEES WAIVED -- 7 - $4,848.82 F Q� 3 A L • n W Z noo z x ZQ a4�^noa3 u a V)U i 9 > m ���r�sper�gl�+9c�relQr s 20 m = 6 = 04 ID♦ ♦+ O WN Y� f.ppx �`` Kn rp 32,gW9 iii {• v y O �i it 5 SA r, yi w66']T 16•F. 1T9 24 30 0" ��yy b . Se8'0 0 S'W 147.y5' N 86'32'16 10 `moi A ,3MA -Li Nµ. l X ( _ N 66'7216 E naj.-.. jN 69-0z'os• E � 64.2]' d N .+JNL N Y) In ���8� �1; �pn S� 1 � �rxt•� � R � W 60.00' �i Z N69'02'05 I UU- I N e9 -02'05_E 110. `' O N N t 6 Li.—M-02 20' E 129.65' 30.o0 1 wow V N CA"ON ROAD 1� Prgwred by: Patrkk G. Wilk Au'L Cottler County Att'y. 3301 Tamtaml Trail Fam Naplm FL 34112 2894201 OR: 2934 PG: 2584 RECORDED in OFFICIAL RECORDS of COLLIER COUNTI, FL 1:/03/2001 at 10:S2AM DYIGH? E. @ROCK, CLERIC RBC PBI 31,5; Reza: HOUSING & URBAN IMPROVEMENT iN?BR OFFICI 70 HUI 'I hls space rur recordlnK AGREEMENTFOR WAIVER OF COLLIER COUNTY IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. A- This Agreement for the Wafr, � `;i Votered into this day ofON 2001, by and between Collier Co i ty a political subdivi It uf'�he State of Florida through its Board of County Commissionei Humanity of Collier County, Ino i 1A "Parties." ` 4 refct'red to aft i RECITA UNTY," and Habitat for NNEP.,," collectively stated as the WHEREAS, Collier Coxxty� dinance No 20014,3�e Collier County Consolidated �� Impact Fee Ordinance, as it may be fulhcS�tnerd� ime to time, hereinafter collectively referred to as "Impact Fee Ordinance," provides for waivers of impact fees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied fora waiver of impact fees as allowed by the Impact Fee Ordinance, and a copy of said application is on tilt in the office of Housing and Urban Improvement Department, and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance: and - 1 - WHEREAS, the impact fee waiver shall he presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fcc• Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201. E. I .b. of the impact Fee Ordinance, as codified in the County's Coale of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve a waiver of impact fees for OWNER in support of creating Affordable Housing; and, WHEREAS, the Impact Fee Ordinance requires that the OWNER canter into an Agreement with the COUNTY. NOW, THEREFORE, in valuable consideration, the the Parties covenant and agree as 1. RECITALS IN ict atj n�u' , foregoing Recitals, and other good and sufficiency of wi h ts�hereby mutually acknowledged, Isare true and correct and are incorporated by ofet+ nde tivrPinj kL 2. LEGAL. DESCRik.FION. 'rhe legal dcs�4 ation�of t1i dwelling unit and its site plan (the "Dwelling lin F-� s,,attached as Exhi6i A «fid is incorporated by reference herein.' ? s w kh . 3. TERM. The tenn of this Agrealent-J'sTT°fo no longer than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: I . OWNER'S household earnings will not exceed a very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance, b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement remain, the homestead of the OWNER or any subsequent owner; d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -f=ight Dollars and E=ighty Two Cents ($4,848.82), as set forth in the attached Exhibit "B," incorporated by 00 N reference; and In return for the COUNTY'S waiver of the impact fees otherwise owed by a /M OWNER U,tnts and agrees to comply with the V •�may,. N affordable h�%Stng impact tee wict;liticatiun criteria detailed in the o Impact;Pe,c S. SUBSEQUENZ TRA SE " f E' � 1yI IWISER sells the Dwelling Unit st which is subjec. !S,) ItkekItmp c,t(te t r to sPbSegL1 ,nt purchaser, the Dwelling � Unit shall be sol&&14 to persons or houslds rneeEt the waiver qualifying criteria set forth in the Im°ee Ordinance. In �,���rlsale or transfer by gift of the Dwelling Unit, the ort IWA- WNER sIt l -,t rtiail 'liable for the impact fees waived until said impact fees are paid lift ful the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the waived impact fees shall be immediately repaid to the COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement Lind continuing until paid or otherwise released the waived impact fees shall constitute and be a lien un the Dwelling Unit in the atrtount of Four'fhousand fright Ilunch•cd FOIJt - - 3 - r -- co art N c� cs.. �r M Q1 cv a 0 Eight Dollars and Eighty Two Cents ($4,848.82), as set firth in attached Exhibit "B." This lien may he foreclosed upon in the event of default under this- Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of a suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paranwunt to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall he on parity with any lien for County taxes. 8. RELEASE OF LIEN. UvoJ s requirements after It occupancy, or the expense of t payment or release otl I N. BINDING EFFE(TC.`' Parties to this AgreeA 10. RECORDING. This years from of the waived Y is Agreement 4 � and their heirs, COUNTY in the Official shall completion of this Agreement's issuance of the certificate of fees, the COUNTY shall, at :(,!mentation evidencing such S,w h yhe-A�and and he binding upon the assigns. ,"'by COUNTY at the expense of y, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or b. OWNER continues to violate any of the affordable housing qualification criteria in (tic Impact Fee Ordinance fur a period of fifteen (I5) dt:ys after mailing of written notice of the violation. - 4 - 12. REMEDIES. The following remedies are cumulative with any other right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) tail to comply with the said qualification criteria at any time during the fifteen (15) year term; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. b. Should the OWNER otherwise he in default of this Agreement, and the default is not cured within ninety (kw) days after mailing of written notice to the OWNER, then the COUNTY may bring civil action to enforce the Agreement. c. In addition, theIernh a�(`cr closed, or otherwise enfi)rced by the COUNTY,,.)hy", an action or t flaw or equity including the fore clo rc* of a` ii a gage �t real oPe'rty. The COUNTY shall he entitle.fd t0_, cl aIV rin — rriirluding attorney fees, plus in(texcst at the,, -"fbry ak ( for J, d hien , 3alculated on a calendar day bast�sihtil paid. s IN WITNESS ha�m c0-pf d this Agreement for Waiver of Impact Fees on the date and year first above Witnesses: Print NarReC_�1 /`%•��>�f� I Print Nam •.7~ W.���►•�m-�� - 5 OWNER: HABITATFOR HUMANITY OF COLLIE/COUN X; INCe Samuel J. Du . o, M.D., President STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this day of // C - ���t"x2001 by Samuel J. Durso, M.D., President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment OANMU OOM NOTARY commseftfoomm, BONO[O 14ft#I0TARYt co N SM -0 C1: o STATE OF Florida COUNTY OF Collier - Name of Acknowledger Typed, Printed or Stamped The foregoing Agree by Thomas W. 011iff, Coun [NOTARIAL SEAL] Sign Name of COLLIER COUNTY, FLORIDA was 4c1.no�wje gp(J�t)et l gC r, ont f f i�f Poon Taking Ack Approval Recommended Of Greg i Iic, Director Housin & Urban Improvement - 6 - S W. Ot. MANAGER ttt tfi !i day of2001 JM' ',Yi e is personally known to me. i MARY E. HECK my R)MMIMON • (v VzrrA nt Nasof EXMRES.,yxu:z.zuw , Printed or Stamped Approved as to form and Tc*gttI sufti ncy- Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 45, CARSON LAKES SUBDIVISION, ACCORDING TO THE PIAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. C=:), rn N a EXHIBIT "B" o, IM1' % �. OWE, DOWN N O a Type of Impact Fee Amount Owed C> A. Library Impact Fee �� 214.00 B. Road Impact Fee` - 3 ` ' 1825.(x) C. Parks Impact Fee ` { j I t � ' 820.84 µ � �,xi D. EMS Impact Fee E. Educational Facilities SyIs C- kupact Fee 1,778.00 F. Water Impact Fee 5 0.00 G. Sewer Impact Fee µTM H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES WAIVED - 7 - $4,848.82 4c ♦c s ; OD b b • i 6 9 i 4:(j7�a�n z a o O 99 muZQ ,�,p`O A 20 3vl OD Q ab p o}�g� X r3 OO�8 r � Y a� ✓1- w �" Z9 cTL U( a U N Us Is it +�.E 8 _ � � • w � N� ii� a � � � U t O N00'32'16'E 129 26 �• it I W I d 41, ls'l �N tltl'32'I6Izas �, I I � �� `� � N�ro�os' � 114tl.s9' � j z N_8tl'72I6E � � �,•Je' � z „.. 'py` E 115.02' r � N c n A N , 8 allv ;teakm w 00.00' Ntl9 02'OS'E E N 89.02'05'_E 114.76' 171 '�' t N 09V2 20' E 129.05' 30.00' 30.00' k1 CARSON ROAD i Prepared by. Patrick G. White Am'6 Collier County Att'y. 3301 Tamiami Trail hart Naples, FL 34112 2894200 OR; 2934 PG; 2576 RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, FL i:'031:001 at 10:52AK DWIGHT E. FROCK, CLERK RBC PEE '.50 Re n: HOUSING 6 URBAN 19FR01,MEN? rg?ER O?i'iC9 ?0 !f�'I '116 space for recording AGREEMENT FOR WAIVER OF COLLIER COUN'T'Y IMPACT FEES FOR SINGLE-FAMILY AFFORDABLE HOUSING DWELLING FOR HABITAT FOR HUMANITY, INC. This Agreement for the W��ic�lf.►�SFtir+s�ctltered into this day 2001, by and between Collier Cou �jy, a political subdivi� tl I' the State of Florida through its Board of County Commi Humanity of Collier County, In :, her'elthatle� r0jc l Y "Parties." RF'CITAI axwt, WHEREAS, Collier Cilnlr rdinance No. to as "COUNTY," and Habitat for collectively stated as the s` the Collier County Consolidated Impact Fee Ordinance, as it may be --further?, Li ).) qqr yvnme to time, hereinafter collectively referred to as "Impact Fee Ordinance,"provides for waivers of impact tees for new owner -occupied dwelling units qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as allowed by the Impact Fee Ordinance, and it copy of said application is on file in the office of Housing and Urban Improvement Department; and WHEREAS, the County Manager, or his designee, has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing waiver of impact fees otherwise required in the Impact Fee Ordinance; and - 1 - WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, pursuant to Section 74-201, E.I.b. of the Impact Fee Ordinance, as codified in the County's Code of Laws and Ordinances, the County Manager is authorized to execute certain Impact Fee Waiver Agreements; and WHEREAS, by signing this Agreement, the County Manager will approve it waiver of impact fees for OWNER in support of creating Affordable 110using, and, WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, 'rHEREFORE, in valuable consideration, the receip": the Parties covenant and agree, as f 1. RECITALS INCpRI' !a F� ? 3� incorporated by 2. LEGAL DESCRf�TI (the "Dwelling Unto , herein. iency of C 5 ¢R hciri J. The legal dein aattached as Frhi 3. TERM. The term of this ng Recitals, and other good and by mutually acknowledged, true and correct and are cy,�, s tion kof the %kelling unit and its site plan brie'�.et%f is incorporated by reference it no lunger than a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit during which the Dwelling Unit shall remain as affordable housing and shall he offered for sale in accordance with the standards set firth in the Impact Fee Ordinance and this Agreement. 4. REPRESENTATIONS AND WARRANTIES. The OWNER represents and warrants the following: a. OWNER'S household earnings will not exceed it very low income as defined in the Impact Fee Ordinance, and the OWNER'S monthly payments to purchase and pay for the Dwelling Unit will remain within the affordable housing guidelines established in the Impact Fee Ordinance; b. OWNER is a first-time home buyer; C. The Dwelling Unit is, and will during the term of the Agreement retrain, the homestead of the OWNER or any subsequent owner, d. OWNER is the owner of record of the Dwelling Unit, and pursuant to the Impact Fee Ordinance owes impact fees in the total amount of Four Thousand Eight Hundred Forty -Eight Dollars and Eighty Two Cents ($4,948.80, as set forth in the attached Exhibit "B," incorporated by reference; and e. In return for the COUNTY'S waiver of the impact lees otherwise owed by OWNER OWN�fR'k and agrees to comply with the ' t b � affordable (661 'g impact tee wan r�w litication criteria detailed in the lmpac 5. SUBSEQUENT which is subjec Unit shall be sol set forth in the lm r to to persons or hou Ordinance:. In Dwelling Unit, the origi'"I Q)VS? until said impact fees are paid in sells the Dwelling Unit t purchaser, the Dwelling he waiver qualifying criteria sale or transfer by gift of the liable for the impact fees waived it the conditions set forth in the Impact Fee Ordinance and this Agreement are satisfied. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must he utilized for affordable housing as defined in the Impact Fee Ordinance during the term of this Agreement; and if the Dwelling Unit ceases to he utilized for that purpose during such period, the full amount of the w,6ved impact fees shall he immediately repaid to the; COUNTY. 7. LIEN. Owner agrees that commencing on the effective date of this Agreement and continuing until paid or otherwise released the waived impact fees shall constitute and be a lien on the Dwelling Unit in the amount Eight Iluneh-ed F(Irty- - 3 Eight Dollars and Eighty Two Cents (`h4,848.82), as set forth in attached Exhibit "B." This lien may be foreclosed upon in the event of default under this Agreement. Provided that if the OWNER is the mortgagor, the COUNTY and OWNER agree that by, and in consideration of it suitable security collateral being provided by the OWNER to the COUNTY, then all of the COUNTY'S lien rights and interests arising under this Agreement are to be considered junior, inferior, and subordinate to each first mortgage on the Dwelling Unit. Except as elsewhere noted in this Agreement, and regardless of any foreclosure on the first mortgage or other security interest, such lien shall otherwise be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person, except that this lien shall tk on parity with any lien for County taxes. 8. RELEASE OF LIEN. UP #=,-, requirements atter ti occupancy, or the expense of t payment or re 9. BINDING EF Parties to this years iron of the waived completion of this Agreement's of issuance of the certificate of de �V/ of Ii4n i { TThis Agree nest sh %1 ruri it e t rie%t and their heirs s -Z nsjur�� e1 fees, the COUNTY shall, at station evidencing such and he binding upon the assigns. 10. RECORDING. This 'grCe,.t it shall he ree' fid,"'hy COUNTY at the expense of COUNTY in the Official Rcceard oCrlEo�r"County, Florida, within sixty (60) days after execution of this Agreement by the County Manager. 11. DEFAULT. OWNER shall be in default of this Agreement if: a. OWNER tails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance, and thereafter, fails to pay the impact fees due within thirty (30) days of mailing of written notice of said non-compliance, or h. OWNER continues to violate any of the affordable housing qualification criteria in the Impact Fee Ordinance for it periokl of fifteen (15) days after mailing of written notice of the violation. -- 4 12. REMEDIES. The following remedies are cumulative with any ether right or remedy available to the COUNTY: a. Should the OWNER of the property: (1) fail to comply with the said qualification criteria at any time during the fifteen (15) year terns; or (2) violate any provisions of this Agreement, then the dollar amount of impact fees waived shall be paid in full by OWNER to the COUNTY within thirty (30) days of written notification of said violation. h. Should the OWNER otherwise k- in default of this Agreement, and the default is not cured within ninety (90) days after mailing of written notice to the OWNER, then (tic COUNTY may bring civil action to enforce the Agreement. e. In addition, the or otherwise enforced by the � ...,,. COUNTY;, y n aaction of "t;)rtt law or equity including the for oti tr f a` tt c�rtgugc 911 al rop' y. The COUNTY shall be it tere, a1 t 4itil paid. IN WITNESS WHER)I':f Impact Fees on the date and year first Witnesses: c �1 _ Print Nate Print Nam r`is* f ._ .Aokow including attorney fees, plus meats calculated on a calendar day this Agreement for Waiver of OWNER: ',C— IIABITAT FOR HUMANITY OF COLLIER COUNTY; IN B Samuel J. Durso, .D., President STATE OF Florida COUNTY OF Collier The foregoing Agreement was acknowledged before me this `day of ` `001 by Samuel J. Durso, M.D.. President of Habitat for Humanity of Collier County, Inc. He is personally known to me. [NOTARIAL SEAL] Signature of Person Taking Acknowledgment o STATE OF Florida COUNTY OF Collier Name of Acknowledger Typed, Printed or Stamped The foregoing Agree by Thomas W. 011iff, Count [NOTARIAL. SEAL] Sign Name of Ack Approval Recommended jr Greg Mi c, Director Housing Urban Improvement COLLIER COUNTY, FLORIDA W. OLLIFF, COMTV MANAGER 'tl day of ' yx /II 1-, 2001 �e is pc:rwnally known to me -- Taking Ackifcgxent I�etTpcd;rinted or Stamped - 6 - MARY E. BECK MY COMMLWON 1(X 927M E,XMRM AO A WN Approved as to form and d suft�cienc Patrick G. White Assistant County Attorney DAMMU CON= Wrwi+►�MV=aorNainFU)r" t�trne�ttrwte� t101r�0?}rMlAM1Ill TMYt c+ca L911) cy c; w mss+ M C71 N o STATE OF Florida COUNTY OF Collier Name of Acknowledger Typed, Printed or Stamped The foregoing Agree by Thomas W. 011iff, Count [NOTARIAL. SEAL] Sign Name of Ack Approval Recommended jr Greg Mi c, Director Housing Urban Improvement COLLIER COUNTY, FLORIDA W. OLLIFF, COMTV MANAGER 'tl day of ' yx /II 1-, 2001 �e is pc:rwnally known to me -- Taking Ackifcgxent I�etTpcd;rinted or Stamped - 6 - MARY E. BECK MY COMMLWON 1(X 927M E,XMRM AO A WN Approved as to form and d suft�cienc Patrick G. White Assistant County Attorney EXHIBIT "A" LEGAL DESCRIPTION LOT 46, CARSON LAKES SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34, PAGES 94 THROUGH %, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUN'T'Y, FLORIDA. c7 EXHIBIT "B" a.. ' 1N11�' 1lZOWN c7N't ON Type of Impact Fc mount Owed C=) s A. Library Impact Fee��`" � 214.00 B. C. D. E. F. G. H. Road Impact Fee ,°3 � i1` 825.00 k ` I j x E Parks Impact Fee 1 11820.84 EMS Impact Fee » , >. �' 93.00 r Educational Facilities S L-�jmpact Fee ""c 1,778.0 Water Impact Fee` s w 0.00 .s Sewer Impact Fee Correctional Facilities Impact Fee TOTAL. IMPACT FEES WAIVED - 7 - 00) 117.98 $4,848.82 in 'K .6c -K M dooN 9;C w x I $ o N Ea n00 ZQa - a�� K v VOIV C m LA J� , m 3Q V ` Y z n s Won Y Y V W Y R v s Y Y 2 � N t7. �" w Y N = w CARSON ROAD 8 i =r r V W n00 ZQa - a�� K v VOIV m LA J� , m 3Q :310 $ NOR Y - `` {v� 4 m z n Won =r r