Resolution 1998-336 thru 338RESOI.tITION NO. 9g- 336__
RI:SOI.UTI()N OF 'FILE BOARI) OF COUNTY COMMISSIONERS, ('OLI.IER
COUNTY. FI.ORII)A. AUTIIORIZING WAIVER OF REGIONAL WATER
SY.~TEM IMPACT FF, ES. REGIONAl° SEWF, R SYSTEM IMPACT FEES.
I.IBRARY SYSTEM IMPACT I:EES. PARKS AND RECREATIONAl.
I:ACII.FFIfiS IMI'A('T FI:,F.S. ROAI) IMPACT I:EIiS. EMF. RGF. NCY MF. DICAI~
SF, R\'I('ES IMI'A('T ,:liES AND EDU('ATIONAI. FACII~ITIES SYSTEM
IMI':\~"I I:likS I.OR t)Nli IIOI;SI,i TO BE ('ONS'IRUC'I Iii) BY IMM()KALliI.~
tlABITAT FOR IIUMANITY. IN('.. ON i.OT 7. BI.O('K 6. NAPLES MANOR
IiXTENSION. NAI'loliS. FL(~RII)A.
\VI IF. RF. AS. Collier ('ounty has recognized and attempted to address the lack of adequme anti afl'ordablc
housing for moderate. Imv. and ve~'-Inw income households in lhe County and the need for creative and
innovative programs m assist ~n Iht provisi{m of such housing by including several provisions in thc Collier
County ¢;rm~;h Man:~',2'cn~cnl I'l:m. mclmhn~: .hjcctivc I...1. p~}hcy 1.4.1; ~hjcctivc 1.5. imlicy 1.5.2, I'mlicy 1.5.3,
policy 1.5.,!.. p{~licy 1.5.5. policy 1.5,6: ob.icctlvc 1.6. policy 1.6.3: objective 2. I. policy 2.1. I. policy 2.1.2. policy
2.1.3. policy 2, 1,5. and pohcy 2.1.6 of thc I lousing Element; and
\VtlIiRi'.,,\S. ('.lhcr ('(runty has received funding pursuant to the Slale Ilousmg Initiatives Partnership
Program set fimh m Sccmm 420.907 el. seq.. Florida Statutes and Chapter 91-37. Florida Administrative Code:
and
WIII;R[:.:\S, in accordance with ('(,llier County Ordinance No. 93-19, the ('ounty is authorized to use
funding I'mm thc State I lousing Inmativcs l'artncrship IStlIP] Program for waivers of ('oilier Cot.nty impact
fccs: and
WttF, RF,:\S. Immokalec Ilabitat for llumam~y. Inc. is seeking a wmver of impact I'ccs: and
WItF, RF, AS. hnmokalec tlabitat liar llumanity. Inc. will construct one (1) three-bedroom unit (thc
"Dwelling Unit") on I,ot 7. Block 6, Naples Manor Extension which is proposed to sell for Forty-Six 'lhousand
F~vc Hundred Dollars 15,46,500.001: ami
WItI-~R[:,,,\S. thc [)~vclling IInit will be purchased by a very low ~ncomc household which is required to
revest a mmmmm of five hundred (500) hours of"Sweat Equity" before it ohlains title to Iht house; anti
Wi lF, Rt::\,q, Mr. ('harlcs ('. Smith. Vice Presidcn! of h'nmokalee I labitat for I lumanity, Inc., submitted
to thc Ol'ficc ~1' flousmg and Urban Improvcmcnl an Affordable Ilousing Application dated July I1. 19{18 for a
waiver o1' impac! lc'es fi~r the construction of a house on Lot 7. Block 6. Naples Manor F, xtention, a copy o1' said
application ~s on file in thc llousing and Urban Improvement Department: and
WIIERI-~AS, m accordance wilh Section 3,04 of the Regional Water System Impact Fee ¢)rdinancc.
Ordinance N,. 9¢)-86. as amended; Scclion 3.(14 o1' the Regional Sewer System Impact Fee Ordinance .
()rdinancc N,. 90-87, :is amended: Section 3.04 of thc Library System Impact Fcc Ordinance, Ordinance No.
88-{)7. as amended: Section 4.05 of thc Parks and Recreational Facilities Impacl Fcc Ordinance. Ordinance No.
S8-96. as amended: Section 3.04 o1' thc Road Impact Fee Ordinance. Ordinance No. 92.22, as amended; Section
3.05 of thc I!mergcncy Medical Services System Impact Fee Ordinance. Ordinance No. ~!-71. as amemled; and
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A.
B.
(.
Section 3.O5 oF the I:.ducatlonal Facdities System Impact Fee (')rdinancc. Ordinance No. 92-33. as amended; an
applicam may ()blain a waiver of impact I~'cs hy qualifying l~)r a waiver: and
WI IIeRIYkS. lmmokalce I labnat f()r I lumanity. Inc. has qualified fi)r an impact tko waiver based u~m
thc fi)lh)x~ mg rcprc~cntatmns made by Immokalce Habitat for Itumanity. Inc.:
A. Thc Dwelling Unit s~311 ~ sold to a flint-time home buyer.
Thc l)x~clhng [~ml shall bc s~ltt It} a household wilh a vc~' Iow ~ncomc level as lhal Icrm ~s
tlcl~ncd in Ibc Appendices to Iht respective hnpact Fcc Ordinances and thc monthly payment
purchase thc uml must bc wilhin the afl~rdable housing guidelines established in Iht Appendices
ltl IbC respective Impact Fcc f)rthnanccs.
('. 'I he I)wclhng t~ni~ shall bc the l lomeslcad of thc owner.
I). Thc l)x~clling Unit shall remain aflBrdable for fifteen 115} years I~om the date Ihe certificate of
occupancy ~s issued.
NOW TIII(RI~FORE. BE FI' RI(SOI.VED BY '['111'~ BOARD OF Cf)UN'I'Y COMMISSIONERS OF
COI.I.It(R ~ '()1 ;N'I'Y. FI.()RII)A. Iha~:
I. '1 hc Board ~f ('ounly Commtssmncrs hcrcbS aulhoriycs Ihe {'ounty Admlmstrator to issue an
Authtmzatmn IBr waiver of ~mpact rccs to Immokalee Ilabilat IBr Ilumanily. Inc. fi,r one (I)
i~,,usc x~htch shall be construcled on I.ot 7. Block 6. Naples Manor Extension. Collier County.
Flonda.
2. Upon reccip~ by thc Ilousmg and Urban Improvement Dlrcclor of an agreement fi>r waiver of
m~pact l~cs signed by Imm{,kalee I labllat for l lumanity. Inc.. and/or Ibc purchaser, or olher
doctlgWlllatiOll acccplablc to Ibc ('tmnty Attorney. Ibc Board of County Commissioners hereby
auth,mycs thc paymcnl by ('~flhcr County of thc follo~mg ~mpact I~cs from thc Allbrdablc
I lousing Trust Fund. Fund 1191). in thc IoIlowmg amounts tbr lhc one {I) house to be built on
l.ot 7. Block 6. Naples Ma~or Extension by Immokalee llabital for llumanily, Inc.:
l.ibra~ Impacl Fcc $ 180.52
Road Impact Fcc 1.379.00
ti.
I'arks and R¢crc:nional Facilities
Impact Fcc:
(1) ('omnmmty Parks
(2) Regional Parks
EMS Impact Fcc
l~ducalional I:acflmcs System
Impact Fcc
Walcr Impact Fcc
Sewer Impacl Fcc
TOTAl, i.Mi'A("I' FEES
399.00
179.00
14.00
1.778.f)f)
900.OO
$1.340.0t}
S6,169,52
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Thc payment oF ~mpact £ccs by Collier County is subject to thc execution and recordation of
an agreement for wmvcr of C'olltcr County Impact Fccs between Ibc property owner and/or
purchaser and thc County.
This Resolution adopted after motion, second and majority vote favoring same.
A'I'FEST:
DWIGIIT E. BROCK. Clerk
..-~ttest as to Cha~rlan's
signature or, If.
Approved as to t'o~ and
legal sufliciency:
! i '
Ilcidi F, Ashlon
Assistant ('ounty Attorney
jcb'gl~v'c, naplesmanorc xt'rcso
BOARD OF CO[.J~N~F¥ COMMISSIONERS
COI.I.IER COUNTY, FLORIDA
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EXtlIBIT "A'~
I~EGAL I)ESCRIPTION
I.OT 7 OF BI.OCK 6. NAPI.ES MANOR EXTENSION. AC('ORDING
TO TIIF. PLAT [tOOK TIIEREOF. AS RECORDED IN PI.AT BOOK
3. AT PAGE 98OI: TI II:. PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
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EXHIBIT "A"
P.~. No.
;C.A-r ~0 N
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement lbr thc \Vaiver of h'npact Fees entered into this ./day of., ~,,~j,~7'' 1998, by and
between thc 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."
WITNESSEIH:
WHEREAS. Collier ('otmty Ordinance No. 90-86, as amended, thc ('oilier County
Regional Water Systcm Impact Fcc Ordinance; Collier Count.,,' Ordinance No. 90-87. as
amended, thc Collier County Regional Sewer System Impact Fcc Ordinance: Collier County
Ordinance No. 88-97, as amended, thc Collier County Library System Impact Fcc Ordinance;
Collier County Ordinance No. 88-96, as amended, tile Collier County Parks and Recreational
Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71. as amended, thc Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22. as amended, thc Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, tile Collier County Educational Facilities System Impact Fcc
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fcc Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS. thc County Administrator or his designee has reviewed thc OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in tile Impact Fee Ordinance; and
WHEREAS, thc 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 tile
project as eligible lbr an impact fcc waiver; and
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\VHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 98- ~3~/ at its ~'cgular meeting of, _,,',z~,,"~ // , 1998; and
\\'HEREAS, the hnpact Fcc Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NO\V. T}IEREFORE, in consideration of thc foregoing recitals, thc panics covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals arc tree and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRI?TION. The legal description of thc dwelling unit (thc "Dwelling
Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in thc appendices to thc
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of occupancy is issued for thc Dwelling Unit.
REPRESEN r,,\'l lO: 'S AND WARRANTIES. OWNER represents and warranls the
following:
;.1.
Tim Dwelling Unit shall be sold to a household v,'ith a very Iow income ;ts
defined in the appendices ta the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in tile appendices to the Impact
Fcc Ordinancc;
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 (151
,,'ears from the date tile 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 $6,169.52 pursuant to the Impact Fee
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16 1
Ordinance. In return for thc waiver of the impact fees ov,'cd by OWNER.
OWNER covenants and agrees to comply with tile affordable housing
impact fcc waiver qualification criteria detailed in the Impact Fcc
Ordinance.
5. SUBSEQUENT TRANSFER. IfOWNER sells tile Dxvclling Unit subjcct to thc
impact Fcc waiver to a subsequent purchaser, thc Dwclling Unit shall bc sold only Io households
meeting the criteria set Forth in thc Impact Fcc Ordinancc.
6. AFFORDABLE REQUIREMENT. Thc Dv,,elling Unit must be utilized for
affordable housing for a fifteen (15) year period after thc date the certificate of occupancy is
issued; and if tile Dwelling Unit ceases to bc utilized for that purpose during such period, thc
impact fccs shall be immediately repaid to the COUNTY.
7. LIEN. Thc waived impact fees shall be a lien upon thc Dwelling Unit on thc
effective date of this Agreement; which lien may bc foreclosed upon ill thc event of'
rton-compliance with tile requirements of this Agreement.
8. REt. EASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and liftccn (15) years after tile date of issuance of thc ccrtiticatc of occupancy, or
upon payment of thc waived impact fees, the COUNTY shall, at thc expense of' thc COUNTY.
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon tile parties to this
Agreement and their rcspcctive heirs, personal representatives, successors and assigns. In tile
case of' sale or transfer by gift of the Dwelling Unit, tile 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 thc Dwelling Unit until the provisions of Section 8 arc satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in tile Official Records of Collier County, Florida, within fifteen (15)days after
execution of this Agreement by the Chaim'~an of the Board of County Commissioners.
cz>
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I I. DEFAULT. OWNER shall be in default of this Agreement (I } xvhere 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 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 thc OWNER ofthe 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 thc Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to thc interest in thc Dwelling Unit of any
owner, lcsscc, tenant, mortgagee, or other person except thc lien for County taxes and shall bc on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agrcemen! and thc default is not cured within (30) days after written notice to OWNER, thc
Board may bring a civil action to enforce this agrecmcnt. In addition, thc lien may be tbrccloscd
or otherwise cnt'orccd by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to tile COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by tile Board in enforcing this agreement, plus interest at the statutors,' rate tot
judgments calculmcd on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on thc date and year first above written.
Witnesses:
Prinf}Name
,,'~h nt Name
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER,COUNTY, INC.
~Cli'~rl~s-C. Smifi'(V~ Presideni
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1.6Al 2
ATTEST:
DWIGHT E. BROCK, Clerk
A '/, ' '/
ltte;t as to Chalr'~an'$
$t~ature
Approved as to foFm and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Barb~'B-. ~:n:y: Chai'h, nan ~
STATE OF Florida )
COUNTY OF Collier _)
The foregoing instrument was acknowledged before me this ,.:Y~' day of
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, ln~.
known to mo.
[NO-FARIAL SEAL]
Sigl!atUre of Person Taking Acknowle~,ment
( 'x
,~Z.,, ~ 1998
He is ~rsonally
Name of Acknmvledger Typed, Printed, t~ Stamped
jd/gngc/naples manor lakes/agree
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OR:
2457
PG: 2600
16412
EXHIBIT "A"
LEGAL DESCRIPTION
I.OT 7 OF BLOCK 6, NAPI.ES MANOR EXTENSION, A('CORDING
TO TIlE PLAT BOOK TItEREOF, AS RECORDED IN PLAT BOOK
3. AT PAGE 98. OF THE PUBLIC RECORDS OF COLLIER COUNTY
FI.ORIDA.
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16A12
EXHIBIT "A"
Ar_~ K NOWI_~OONA{; N ~'
%¸._
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RI:.SOI.tIT[ON NO. 98- 337
RF. SOI.UTION OF TIIF. BOARI) OF COUNTY COMMISSIONERS, COIAAER
COUNTY. FI.ORIDA, AUTIIORIZING WAIVER OF REGIONAL WATER
SYSTEM IMI'AC.'[ FEES. REGIONAL SEWER SYSTEM IMPACT FEES,
I.IBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACII. ITIES IMPACI' FI'ES. ROAD IMPACT FEES, EMERGENCY MEDICAL
SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONE }lOUSE IO BE CONSTRUCTED BY IMMOKALEE
IIABITAT FOR tlUMANITY. IN('., ON i.OT 13, BLOCK I I, NAPLES MANOR
I..\KF.S. NAPLES. FI.ORIDA.
WIIEREAS. Collier ('ounty has recognized and attempted to address the lack of adequate and affordable
housing for moderate, low. and very-low income households in the County and the need for creative and
innovative programs to assist in the provision of such housing by including several provisions in the Collier
County (irowth Management Plan, including: objective 1.4. policy IA.l: objective 1.5, policy 1.5.2, policy 1.5.3,
policy 1.5.4. pohcy 1.5.5. policy 1.5.6: objective 1.6, policy 1.6.3; objective 2. I. policy 2,1.1, policy 2.1.2, policy
2.1.3, poi icy 2.1.5. and policy 2. 1.6 of thc I lousing Element: and
WIII';RF~AS. Collier County has received funding pursuant to the State llousing Initiatives Parlnership
Program set forth m Section 420.907 ct. seq.. Florida Statutes and Chapter 91.37. Florida Administrative Code;
and
\\'IIERF. AS. in accordance with Collier County Ordinance No. 93-10. the County is authorized to use
funding from the State lhmsing Initiatives Parmership [SI IIP] Program fi~r waivers of Collier County impact
fees: and
WttF. REAS. Immokalec llabitat for Itumanity, Inc. is seeking a waiver of impact fees: and
\VIIF. RI:.AS, Immokalce llabltat for llumanity, Inc. will construct one (1) thrce-bcdroom umt (thc
"Dwelling Unit") on Lot 13. Block I1, Naples Manor Lakes which is proposed to sell for Forty-Six Thousand
Five ttundred Dollars (546.500.00); and
\VItEREAS. thc Dwelling Unit will be purchased by a very Iow income household which is required to
revest a mlrnmum of five hundred (500) hours of "Sweat Equity" before il obtains lille to thc house: and
\VI1F. RF. AS. Mr. Charles C. Smith, Vice President of Immokalee Ilabitat for l. lumanity, Inc.. submitted
to thc Office of ttousing and Urban Improvement an Affordable Ilousing Application dated July 11, 1998 for a
waiver of impact fees for thc construction of a house on Lot 13. Block 11, Naples Manor Lakes, a copy of said
application is on file in the }lousing and Urban Improvement Department; and
\VHEREAS. in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance,
Ordinance No. 90-86. as amended: Section 3.04 of the Regional Sewer System Impact Fcc Ordinance ,
Ordinance No. 90-87. as amended: Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No.
88-97. as amended: Section 4.05 of thc Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No.
88-96, as amended: Section 3.04 of the Road Impact Fee Ordinance, Ordinance No, 92-22, as amended; Section
3.05 of the Emergency Medical Sen'ices System Impact Fee Ordinance, Ordinance No. 91-71, as amended: and
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Scctmn 3.05 of thc liducatmnal 1:acflittcs System Impact Fcc Ordinance, Ordinance No. 92.33, as amended: an
apphcant may obtain a xvalx'cr of m~pact lyes hy qualil~ing fi)r a waiver: and
WIIEIIEAS. Immokalcc I labitat fi)r I[umanity, Inc. has qualified fl)r an ~mpact I~e waiver based upon
thc fifllowmg reprcscntatmns made by Immokalcc t labitat fi~r I lumanity. Inc.:
A. Thc I )xvclhng I;mt shall be sold to a first-t~mc home buyer.
B. Thc l)wclhng Umt shall be sold to a household with a ve~ Iow income level as that le~ is
defined m thc Appcmhccs to Ibc respecm'e Impact Fee Ordinances and thc monthly paymenl to
purchase thc umt must bc xv,thin the afl~rdablc housing guidelines established in the Appendices
to lhe respccl~ve Impact Fee Ordinances.
('. The l)xvelhng Uml shall be lhc llomcstead of the owner.
I). 1'5c l)wclling l Jail shall remain affordable fi~r fifteen (15})'cars from the date the certificate of
occupancy ~s ~ssucd.
NOW TflEREFORE. BE IT RESOI.VED BY TIlE BOARD OF COU~ COMMISSIONERS OF
COLI.IER COUNTY. FI.()RII)A. that:
i. Ibc Board ,ff ('ounty ('ommtssmncrs hereby authorizes thc ('otlnly Administrator lo ~ssuc an
:kulhor~Zall~m fi~r waiver of m~pacl fees to lmmokalcc llabitat fi~r I lumanity. Inc. ll,r one (1)
Nmsc wtuch shall bc constmc~cd on l.ot 13. Bilk 11. Naples Manor Lakes. Collier County,
l:hmda
2. [;pon receipt by fi~c Ilousing and Urban Improvement Director of an agreement for waiver of
m~pact l~'es s~gned by Immokalcc Habitat for Ilumamty. Inc., ancot Iht purchaser, or other
documcntalum acceptable to thc County Attorney. the Board of County Commissioners hereby
authorizes thc payment by ('olhcr ('ounty of the following impact fees from the Affordnhlc
l tousing Trust Fund. Fund (~911. in ~he lbllowing amounts fi~r the one (I) house to be buill on
l.o~ 13. Block 1 I. Naples Manor Lakes by Immokalee llabitat for llumanily. Inc.:
l.ibrary Impact Fee $ 180.52
Road Impact Fee 1.379.00
I).
['arks and Recreational l:acflilies
Impact Fcc:
( I } ('onmlunity Parks
(21 Regional Parks
}:..",IS Impact Fcc
Educational Facilities System
hnpact Fee
Water Impact Fee
Sewer Impacl Fcc
T¢)TAI, IM PACT FEES
399.00
179.00
14.00
1.778.0{)
91'}0.00
$1.340.00
$6,169.52
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1 61 1 2"1
Thc payment of impact fees by Collier County is subject to the execution and recordalion of
an agreement for waiver of Collier County Impact Fees between the properly owner and/or
purchaser anti {he ¢'ounly.
This Resolution adopted after motion, second and majority vote favoring same.
DATED:
ATTEST:
DWIGIFI' E. BROCK, Clerk
~tte~t as to Chairman's
s~gnature onlj.
Approved as to form and
legal sufficiency:
II¢i~li F. Ashton
Assistant County Alh)n~cy
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
jd/gm'c naplcsmanorlakcs'rcso
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EXlilBIT
I,EGAI, DESCRIPTION
I.OT 13 OF BI,O('K 1 I. NAI'i,ES MANOR LAKES, ACCORDING
TO Till:, PI,AT BOOK TI IEREOF. AS RECORDED IN PLAT BOOK
3. AT PAGE 87 OF TI It:' PUBLIC RECORDS OF COLLIER COUNTY
I:I.ORII)A.
hlAPLES
k
Io
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16 12
AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
This Aereement for the Waiver of Impact Fees entered into this,,~ day of. ~,,~/-~ 1998, by anti
between thc Board of County Commissioners of Collier County, Florida. hereinafter referred to
as "COUNTY" and Habitat for I-tumanity of Collier County, Inc., hereinafter referred to as
"OWNER."
WITNESSETtt:
WHEREAS. Collier County Ordinance No. 90-86, as amended, thc Collier County
Regional Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87, as
amended, thc Collier County Regional Sewer System Impact Fcc Ordinance; Collier County
Ordinance No. 88-97, as amended, the Collier County Library System hnpact Fcc Ordinance;
Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational
Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71, as amended, thc Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended. ~hc Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fcc
Ordinance, as they may be further amended from time to time hereinafter collectively referred to
as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS. OWNER has applied for a waiver ofilnpact fees as required by the Impact
Fee Ordinance, a cop>' of said application being on file in the office of }lousing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fcc 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
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~VHEREAS~ the COUNTY approved a waiver of impact fees for OWNER cmbodicd in
Resolution No. 98-.ff--.e.7 at its regular meeting of .--~?.a-?' ,/ , 1998; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, thc parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing rccitals arc truc and correct and shall
be incorporated by reference hcrcin.
2. LEGAL DESCRIPTION. Thc legal description of the dv,'elling unit (thc "Dwelling
Unit") and site plan arc attached hcrcto as Exhibit "A" and incorporated by refcrcncc
herein.
3. TERM. O\\'NER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered l'or sale in accordance with the standards sci forth in the appcndiccs to thc
Impact Fcc Ordinance for a period of fifteen (15) years commcncing from thc date thc certificate
of occupancy is issued for the Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc
following:
The Dwelling Unit shall be sold to a household with a ,,'cry low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within thc
affordable housing guidelines established in the appendices to the Impact
Fcc Ordinance;
The Dwelling Unit shall be sold to a first-time home buyer;
Thc Dwelling Unit shall be the homestead of owner;
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
OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant to the Impact Fee
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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. IfOWNER sells the Dwelling Unit subject to tile
impact fee waiver to a subsequent purchaser, tile Dwelling Unit shall be sold only to househokls
meeting the criteria set forth in tile Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. Tile 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 st, ch period, tile
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on tile
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of tile Agreement
requirements and fifteen (I 5) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees. the COUNTY shall, at the expense of tile COUNTY,
record any necessa~' documentation evidencing the termination of tile lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. ']'his Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In thc
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable
thc impact fees waived until said impact Ices arc paid irt full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
I0. 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.
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16 12
11. DEFAULT. OWNER si'mil be in default of this Agreement (1) whcrc OWNER
fails to sell the Dwelling Unit in accordance with thc affordable housing standards and
qualification criteria cslablishcd in thc Impact Fcc Ordinancc and thcrcaficr fails to pay thc
impact fees due within thirty (30) clays of said non-compliance, or (2) whcrc OWNER violates
one of the affordable housing qualification critcria in thc h'npact Fcc Ordinancc for a period o£
fifteen (1 $) days after notice of the violation.
12. REMEDIES. Should tile OWNER of thc properly Fail to comply xvith thc said
qualification criteria at any time during thc fiftccn (15) year period or should OWNER violate
any provisions of this Agreement, thc impact fees waivcd shall bc paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrccs that the impact fccs waivcd shall
constitute a lien on thc Dxvclling Unit commencing on tile effective date of this Agreement anti
continuing for fifteen (15) years from the date of issuance of the ccrtificatc of occupancy or until
repaid. Such lien shall be superior and paramount to thc intcrcst in thc Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should thc OWNER be in default of this
Agreement and thc default is not cured within (30) days after written notice to OWNER, thc
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or othcBvise cntbrccd bv the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. Thc Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by thc Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, thc parties have executed this Agreement for Waiver
of Impact Fees on thc date and year first above written.
OWNERS:
HABITAT FOR HUMANITY OF
COLLIER COUNTY. INC. ./~
c, c'harl~'s C. S,~ ,V/(ce PresidXen(
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16Al,?.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
,/
signature onlff.
Approved as to fom~ and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
STATE OF Florida )
COUWTY OF Collier )
The foregoing instrument ,,vas acknowledged before me this
by Charles C. Smilh,
known to me.
[NOTARIAl. SEAL]
~ day of .-'-,)..,,,. Z~;_ ...- , 1998
Vice President of Habitat for Humanity of Collier County. tfi'C. He i~ personally
Signaturfi of Person Taking Acknowledgrr~nt
Name of Acknowledger Typed, Pffnted or Stamped
id/gm/c/naples manor lakes/agree
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16] 12
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 13 OF BI.OCK li. NAPLES MANOR LAKES. ACCORDIN(i
TO T}tE PLAT BOOK TtlEREOF. AS RECORDED IN PI.AT BOOK
3. AT PAGE 87. OF 'DIF. PUBLIC RECORDS OF COI.LIER COUNTY
FI.ORI DA.
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k
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MAPLES
16~12 '
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RF. SOI.UTION NO. 98- 3315
RESOI.tFI'ION OF TIlE BOARD OF COUNTY COMMISSIONERS, COLI.IER
COUNTY. FI.ORIDA. AUTIIORIZING WAIVER OF REGIONAL WATER
SYSTEM IMPACT FEES. REGIONAl. SEWER SYSTEM IMPACT FEES,
LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
FACILITIES IMPACq' FEES, ROAD IMPACT FEES. EMERGENCY MEDICAL
SERVICES 1MPACT ~:EES AND EDUCATIONAL FACILITIES SYSTEM
IMPACT FEES FOR ONF. IIOUSE TO BE CONSTRUCTED BY IMMOKALEE
IIAP, FFAT [:OR [IUMANITY. INC., ON LOT 12, BLOCK II. NAPLES MANOR
I.AKES. NAPI.ES. FI.ORII)A.
WHEREAS. ('oilier County has recognized and attempted to address thc lack of adequate and affordable
housing I'or moderate, low. and very-low income households tn the County and the need for creative and
innovative programs to assist m the proviston of such housing by including several provisions in thc ('oilier
County Growth Management Plan. including: objective 1.4. policy 1.4.1: objective 1.5. policy 1.5.2. policy 1.5.3.
policy 1.5.,1. policy 1.5.5. policy 1.5.6: objective 1.6. policy 1.6.3: objc. ctive 2.1. policy 2.1.1. policy 2.1.2. policy
2.1.3, policy' 2.1.5. and policy 2.1.6 of thc l lousing Element: and
WIIF. REAS. ('oilier ('ounty has received funding pursuant to thc Stat( Ilousing Initiatives Parlncrship
Program set forth in Section 420.907 ct. seq.. Florida Statutes and Chapter 91-37. Florida Administrative ('ode:
and
\VltEREAS. in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
funding from the State [lousing Initiatives Partnership [SHIP] Program for waivers of ("oilier County impact
fees: and
\VI [F. REAS. lmmokalcc I lab[tat for ttumanlty. Inc. ts seeking a waiver of impact lees: and
WItEREAS. lmmokalce ltabitat for Ilumanity. Inc. will construct one (I) three-bedroom unit (the
"Dwelling Unit") on Lot 12. Block Il. Naples Manor Lakes which is proposed to sell for Forty-Six Thousand
Five lfundred Dollars ($46.500.00): and
WtlEREAS. the Dwelling Unit will be purchased by a very Iow income household which is required to
invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and
WIIEREAS. Mr. Charles (2;. Smith. Vice President of [mmokalee Ilabitat for llumanity, Inc., submitted
to thc Off,ce of [lousing and Urban Improvement an Affordable [lousing Application dated July 1 I, 1998 for a
waiver o1' impact fees fi)r thc construction of a house on Lot 12, Block I I. Naples Manor Lakes. a copy of said
application is on file in the flousing and Urban Improvement Department: and
WHEREAS. in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance,
Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance .
Ordinance No. 9O-87. as amended: Section 3.0~. of the Library System Impact Fee Ordinance. Ordinance No.
88-97. as amended: Section ,1.05 of the Parks and Recreational Facilities Impact Fee Ordinance. Ordinance No.
88-96. as amended: Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22. as amended: Section
3.05 of the F. mcrgency Medical Services System Impact Fee Ordinance. Ordinance No. 91-71. as amended: and
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16A!Z(
Section 3.05 of the Educational Facilities System Impact Fcc Ordinance. Ordinance No. 92-33, as amended: an
applicant may obtain a waiver of impact fees by qualifying for a waiver: and
WtlI.:REAS. [mmokalcc l[ab~tal I.or Ilumanity. Inc. has qualified /be an ~mpact roe waiver based upon
the follo~ ing rcprcscntalions made by lmmokalc¢ Ilabitat f.or itumanity. Inc.:
,,\. Thc Dwelling I,'nit shall be sold lo a first-time home buyer.
II. Thc I)xxelllng Unit shall be sold lo a household with a ,,'cry. Iov, income level as that term ~s
defined m the Appendices to thc rcspccttvc Impact Fee Ordinances and thc monthly payment lo
purchase thc umt must be within the affi)rdablc housing gu;dchnc'~ estabhshcd tn thc Appendices
to thc rcspccttxc Impact Fcc ()rdlnanccs.
('. Thc I)xxclhng t.'nit shall be thc llomcqtcad of thc oancr
D Thc Dwclhng Umt shall rcmam aflbrdablc for fifteen II.q) )c'ar~ from thc date thc ccmficatc of
occupancy ~, ~ssucd.
NOW TIlF. REF()RE. BE FI RI!SOI.VED 115' TIIF. B¢)ARD O}- CO[~N'I'Y ('OMM1SSIONI'.'RS ()F
COLLIER ('OUN'['Y. }:L(IRID:\. thai'
I. -thc Board of County ('omm~ssmners hereby authorizes thc County Administrator lo issue an
..\uthcmTatmn for v,'mver of impact fees lo Immokalee llabitat for Ih,manity. Inc. ['or one (I)
house which shall be constructed on I.ot 12. Block 1 I. Naples Manor l.akcs. Collier r,.'mmty,
Florida.
2. Upon receipt by the Itousing and Urban Improvement Director oran agreement for waiver of
impact Ices signed by Immokalee llabitat for llumanity, Inc., and/or the purchaser, or other
documentation acceptable lo thc County Attorney, the Board of County Commissioners hcreby
authorizes ti~e payment by ('oilier Cou,:ty of thc following impact fees from thc Afl'ordable
Ilousing '['rust Fund. Fund (1911. in thc following amounts for the one (I) house to bc built on
Lot 12. Block I 1. Naples Manor l.akcs by Immokalee tlabitat for llumanity, Inc.:
l.d~raB,' Impact Fcc S 180.52
Road Impact Fee 1,379.00
A.
gl
C. Parks and Recreational Facilities
Impact Fcc:
( 1 ) Community )'arks 399.00
(2) Reglonal Parks 179.00
I). lEXIS Impact ):cc 14.00
E. Educational Facilities System
Impact Fcc 1,778.00
F. Watcr Impact Fcc 900.00
G. Sewer Impact Fcc $1.340.00
TOTAl. IMPACT FEES S6,169.5~
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Thc payment of impact Ices by Collier County is subject to the execution and recordation of
an agreement for waivcr of Collier County Impact F~s hetw¢cn the property owner and/or
purchaser and thc County.
'l'hts Rcsolulton adopted after motion, second and majority ;'otc favoring samc.
D AT E D: ~,~"~'~,~,~'
ATTEST:
DWIGtt'F E. BROCK. Ctcrk
Attest
.,s t~ ChaPman's
s~gnature
Approved as m fo~ and
!~1 sufficiency:
tteidi F. Ashton
Assistant County Anomey
jd.tgm, c.'naplesma nor hkcs;reso
BOARD OF COUNTY COMMISSIONERS
CO LI.I El{ COUNTY, FLORI DA
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EXtilBIT '~A~
LEGAL DESCRIPTION
I.OT 12 OF BLOCK 1 I. NAPLES MANOR LAKES, ACCORDING
TO TIlE PI.AT BOOK TIIEREOF, AS RECORDED IN PLAT BOOK
3. Al' PAGF. §7 OF TIlE PUBI.IC RECORDS OF COLLIER COUNTY
FLORIDA,
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MAPLES
SF
/4'
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16 12
AGREEMENT FOR WAIVER OFCOLI,IER COUNTY IMPACT FEES
/
This
Agrccmcnt
for
thc
Waiver of hnpact Fees entered into this .~/day of_~1998, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for i lumanity of Co[lier County, Inc., hereinafter rcfcrred ~o as
"OWNER."
W I TN ESS ET H:
WHEREAS, Collier County Ordinance No. 90-86, as amended, the {.'oilier County
Regional Water System h'npact Fee Ordinance; Collier Count>' Ordinance No. 90-~7. as
amended, thc Collier County Rc~ional Sewer System Impact Fee Ordinance; ('oilier Counly
Ordinance No. 85-9?. as amended, the Collier County Library System Impact Fcc Ordinance;
Collier County Ordinance No. 88-9(), as amcnded, thc Collier Cotmty [)arks and Recreational
Facilities Impact Fcc Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amcndcd, thc Collier County Road Impact Fee Ordinance; and Collier County
Ordinance No. 92-33, as amended, thc Collier County Educational Facilities System Impact Fcc
Ordinance. as thcy may be fitrthcr amended from time to time hereinafter collcclively rcfcrrcd to
as "Impact Fcc Ordinance", provide for waivers of impact fees for new oxvner-occupied dwelling
unit qualifying as affordable housing; and
WHEREAS. OWNER has appiicd tbr a waiver of impact fees as required by the Impact
Fcc Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing waiver
of impact fees as established in thc Impact Fcc Ordinance; and
WHEREAS, thc impact fcc 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
o o
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16A12
\VIIEREAS, the COUNTY approved a ~vaiver of impact fees for OWNER embodied in
Resolution No. 98- .-~--Y,J/J at its regular meeting of.~r,X~.~--7/' /' . ., 1998; and
WHEREAS, the Impact Fcc Ordinance requires that the OWNER enter into an
Agreement with thc COUNTY.
NO\V, TI-tEREFORE. in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals arc truc and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. Thc legal description of thc dwelling unit (thc "Dwelling
Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that thc Dwelling Unit shall remain as affordable housing
and shall bc offered for sale in accordance with the standards set forth in thc appendices to thc
Impact Fcc Ordinance for a period of fifteen (15) years commencing from thc date thc certificate
ot'occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants thc
Following:
a. The Dwelling Unit shall be sold to a household with a very Iov,, income as
defined in thc appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase tile D~velling Unit shall be within the
affordable housing guidelines established in the appendices to the hnpact
Fcc Ordinance;
b. Thc Dwelling Unit shall be sold to a first-time home buyer;
c. Thc Dwelling Unit shall be thc homestead ofov,'ncr;
d. Thc Dwelling Unit shall remain as affordable housing for fifteen (15)
years from thc date tile certificate of occupancy is issued for thc Dwelling
Unit; and
c. OWNER is thc owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,169.52 pursuant to the Impact Fcc
- 2 -
16/ 1
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact fcc waiver qualification criteria dclailed in thc h'npact [:cc
Ordinance.
5. SUBSEQUF_.NT TRANSFER. IfOWNER sells the Dwelling Unit subject to thc
impact f,cc waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting thc criteria scl forth in tile h'npact Fee Ordinance.
6. AFFORI)ABI.E REQUIREMF. NT. Thc Dwelling Unit must be utilized Ibr
aflbrdablc housing lbr a fifteen (15) year period after thc date the certificate of occupancy is
issued: and if' thc Dwelling Unit ceases to be utilized for that purpose during such period, thc
impact fccs shall be immediately repaid to the COUNTY.
7. LII!N. The waived impact f,ces shall be a lien upon thc I)wclling Unit on thc
effective date of this Agrccmcnt: which lien may bc foreclosed upon in tile event of
non-compliance witll thc rcquircmcnls o1' this Agrcerncnt.
8. REI.EASF. OF LIEN. Upon satisfactory completion o£ thc Agreement
requirements and fi f.tccn (15) years after ti're date o£ issuance of thc certificate of occupancy, or
upon payment of, thc waived impact f,ces, the COUNTY shall, at thc expense of thc COLJNTY.
rccord any necessary documentation evidencing tile termination of the lien, including, bu! not
limited to, a release of lien.
9. BINI)ING EFFECT. 'l"his Agrccmcnt shall be binding upon thc parties to Il'tis
Agreement and their rcspcctivc heirs, personal representatives, successors and assigns. In thc
casc of sale or transfer by gift of thc Dwelling Unit, lhe original OWNER shall remain liable for
thc impact f.ccs waived until said impact f.ces arc paid in full or until thc conditions set forth itl
tile Impact Fcc Ordinance are satisfied. In addition, this Agreement shall mn with the land and
shaH remain a lien against thc Dxvclling Unit until the provisions of Section 8 are satisfied.
I0. RECORDING. This Agreement shall be recorded by OWNER at thc expense of
OWNER in thc Of,ficial Records of Collier County, Florida, within fifteen (15) days after
execution of' this Agreement by the Chairman of'the Board of Counly Commissioners.
o
- 3 -
II. DEFAULT.
fails to sell the Dv,'elling Unit in accordance with thc affordable housing standards and
qualification criteria established in thc hnpact Fcc Ordinance and thereafter Fails to pay the
impact Fccs duc within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of thc affordable housir~g qualification criteria in the hnpact Fcc Ordinance For a period of
fifteen (15) days after notice ortho violation.
12. REMEDIES. Should thc OWNER of the property fail to comply with thc said
qualification criteria at any time dr, ring the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in fidl by OWNER within
thirty (30) clays of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on thc Dwelling Unit commencing on thc effective date of this Agreement and
continuing For fi ficcn (I 5) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien si'mil he superior and paramount to the interest in the l)wclling [Init of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with thc lien of any such County taxes. Should the OWNER be in defimlt of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be forccloscd
or od'mn, vise enforced by thc COUNTY by action or suit in equity as for the lbreclost,re of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. Thc Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at Ibc statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed ti'tis Agreement for Waiver
of Impact Fees on the date and year first above written.
16/ 12
OWNER shall be in default of this Agreement (I) where OWNER
OWNERS'
HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC. A
-' ~ 1" /, ,/
'Charles C. Sml~(~,~ce Presider
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DATED: fi' '. -
ATTEST:
DWIGHT E. BROCK, Clerk
~tt~,~t as to Chatr~ln'$
signature onlj.
Approved as to form and
legal sufficiencY
t i /
He~d~ F. Ashto~
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Barba'h~. B.-Bcrry,'chai~
STATE OF Florida )
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this . ~>.' day of ..!;'J_<,~ {_ ..... 1998
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County. Ifi~. He is?P-ersonally
knoxvn to me.
[NOTARIAL SEAL]
Signaturc~of Person 'Faking Acknowledgment
~" ;~, ., , ~ . .~, 2,.9 z :;,,: /
Name of Acknowiedger Typed, Printeo'or Stamped
jcl/gm/c/naples manor lakes/agree
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0R:
2457
PG: 2614
16~12
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 12 OF BLOCK I 1, NAPLES MANOR LAKES. ACCORDING
TO T}IE PLAT BOOK TtIEREOF. AS RECORDED IN PLAT BOOK
3. AT PAGE 87, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY
[:kORIDA.
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I',,,I A P L Ec.
k
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